OHIO TURNPIKE COMMISSION
Resolution Awarding a Contract for the Purchase
of Hot-Pour, Ready-Mixed Joint Sealant
WHEREAS, the Commission has advertised for bids for Invitation No. 4107 for
furnishing to the Commission of approximately 490,000 pounds of hot-pour, ready-mixed joint
sealant for a twelve (12) month period; and
WHEREAS, expenditures of the Commission for hot-pour, ready-mixed joint sealant
under Invitation No. 4107 will exceed $150,000.00 and, in accordance with Article V, Section
1.00 of the Commission’s Code of Bylaws, Commission action is necessary for the award of
such Contract; and
WHEREAS, three (3) bids were received in response to the Invitation; and
WHEREAS, the bids were reviewed by the Maintenance Engineer who has reported that
the lowest responsive and responsible bid was submitted by McAsphalt Industries Limited of
Toronto, Ontario, Canada and that this bidder proposes to furnish materials and services in
accordance with the Commission’s specifications; and
WHEREAS, the Maintenance Engineer has recommended award of the Contract to
McAsphalt Industries in the amount of $165,411.75 (the bid amount plus a five percent
manufacturing variance); and
WHEREAS, the Director of Contracts Administration has advised the Commission that
McAsphalt Industries qualifies for consideration under the Commission’s “Buy Ohio Bid
Preference” policy; and
WHEREAS, the Commission has also been advised by the Director of Contracts
Administration that all bids for Invitation No. 4107 were solicited on the basis of the same terms
and conditions and the same specifications, that the bid of McAsphalt Industries for Invitation
No. 4107 conforms to the requirements of Ohio Revised Code Sections 5537.07, 9.312 and
153.54, and that a bid security in the form of a certified check of good and sufficient surety has
been submitted by McAsphalt Industries; and
WHEREAS, the Executive Director has reviewed the reports of the Maintenance
Engineer and the Director of Contracts Administration and, predicated upon such analysis, has
made his recommendation to the Commission to award the Contract for Invitation No. 4107 to
McAsphalt Industries Limited; and
WHEREAS, the Commission has duly considered such recommendations.
NOW, THEREFORE, BE IT
RESOLVED that the bid of McAsphalt Industries Limited for Invitation No. 4107 is
deemed by the Commission to be the lowest responsive and responsible bid received and is
accepted, and the Executive Director and Director of Contracts Administration, or either of them,
is hereby authorized: 1) to execute a Contract with McAsphalt Industries Limited of Toronto,
Ontario, Canada in the form heretofore prescribed by the Commission pursuant to the aforesaid
Invitation; 2) to incur expenditures under the Contract in the quantities estimated by the
Maintenance Department’s staff for the purchase of hot-pour, ready-mixed joint sealant; 3) to
direct the return to the other bidders of their bid security at such time as McAsphalt Industries
Limited has entered into a Contract; and 4) to take any and all action necessary to properly carry
out the terms of said Contract.
(Resolution No. 2-2009 adopted February 9, 2009)