OHIO TURNPIKE COMMISSION
Resolution Authorizing Amendment to Construction Management Services Agreement with
dck north america, LLC (Project No. 71-07-04)
WHEREAS, on March 6, 2007, the Commission published notice of its Request for Proposals
(“RFP”) for Project No. 71-07-04 seeking Construction Management Services during reconstruction of
the Indian Meadow and Tiffin River Service Plazas located at Milepost 20.8 in Williams County, Ohio;
and
WHEREAS, in conformance with the requirements set forth in Ohio Revised Code Section 9.331,
on July 13, 2007, the Commission advertised its RFP to select a pre-qualified firm to provide the
aforementioned Construction Management Services, and on August 14, 2007, the Commission received
proposals from three (3) firms.
WHEREAS, the Commission’s Engineering staff reviewed and ranked the proposals and
concluded that
Dick Corporation
of
Cleveland, Ohio
was most qualified to perform the Construction
Management Services; and
WHEREAS, an Agreement for Phase 1 pre-construction design development and drawing review
services, and Phase 2 pre-award document and bid review services in a not-to-exceed amount of
$113,982.50
was executed with Dick Corporation based on the Chief Engineer’s recommendation; and
WHEREAS, the Commission has been advised by its Director of Contracts Administration that
said RFP selection process and the selection of Dick Corporation conformed with the requirements of
Ohio Revised Code Section 9.331, and Sections 153.65 to 153.71, and that proposals were solicited on the
basis of the same terms and conditions with respect to all respondents and potential respondents; and
WHEREAS, On December 15, 2010, the Commission was informed that the assets of Dick
Corporation had been acquired by dck worldwide holdings, Inc., and a request was made to assign the
Construction Management Services Agreement for Project No. 71-07-04 to
dck north america, LLC
of
Large, Pennsylvania
(an affiliate of dck worldwide); and
WHEREAS, on February 23, 2010, after having reviewed the request for assignment and received
all appropriate documentation, the Executive Director gave his consent, and the Agreement was
accordingly assigned to dck north america, LLC; and
WHEREAS, On March 12, 2010, dck north america submitted its fee proposal for Phase 3
construction services in the not-to-exceed amount of
$1,944,049.53
, which fee proposal has been deemed
to be appropriate and reasonable by the Chief Engineer who recommends that the dck north america
Agreement be modified to add the construction phase services; and
WHEREAS, the total not-to-exceed amount of the Construction Management Services Agreement
will now be in excess of the $150,000.00 spending authority granted the Executive Director under the
Commission‘s Bylaws and, therefore, the amendment to the Agreement for performance of the Phase 3
construction services requires Commission approval; and
WHEREAS, the Executive Director has reviewed the recommendation submitted by the Chief
Engineer and concurs that the proposed amendment to the Agreement with dck north america, LLC to add
performance of Phase 3 construction services should be approved by the Commission; and
WHEREAS, the Commission has duly considered such recommendations.
NOW, THEREFORE, BE IT
RESOLVED that the Commission authorizes the Executive Director and the Director of Contracts
Administration to execute the amendment to the previously awarded Construction Management Services
Agreement with
dck north america, LLC
for the performance of construction phase services, all in
accordance with the terms and conditions of the Commission’s Request for Proposals and its responses
thereto.
(Resolution No. 9-2010 adopted March 22, 2010)