ODOT Releases Additional and Revised Information for I-75 Mill Creek Expressway Project
ODOT has pushed out release for construction (RFC) plan sets, submittal register, un-impacted schedule, conceptual layouts, and CAD files for the industry to review for the upcoming I-75 Mill Creek Expressway Phase B (MCE-5B). For more details, click here.
Hall of Fame Nominations and Distinguished Service Award Nominations
In recognition of outstanding service within the heavy/highway industry and our association, nominations are being accepted for the following professionals:
• Hall of Fame (contractor members)
• Distinguished Service Award (associate members)
Requests for nominations are solicited through chapter meetings and newsletters. Nominated candidates must meet the following requirements before being listed for election:
a) Must have 20 years of service to the construction industry.
b) Active with OCA at least 15 years, serving at least 15 years on: OCA’s statewide committees (contractor members) or any OCA committee (associate members)
c) Candidates should have contributed significantly toward the stated goals and purposes of the Ohio Contractors Association.
Candidates must be nominated by an OCA member. No more than two may be elected to the Hall of Fame and one elected for the Distinguished Service Award each year. A secret ballot will be used to select nominees. Awards will be presented at the OCA Winter Conference. Deadline for nomination is October 23, 2019.
Please submit your nomination to David Rule at dr[email protected].
Past Presidents Service Award Nominations
The Past Presidents of OCA have established an annual award, “The Past Presidents’ Service Award,” that stands for recognition of outstanding service for or on behalf of OCA. Its purpose is to encourage OCA members to contribute more service for the association throughout the year and reward them for doing so. This award will be presented at the OCA Winter Conference.
The award includes $500 to be shared equally by those elected, as well as a plaque, supplied by the Past Presidents. Any candidate must be affiliated with an OCA member in good standing. He or she must have contributed some extraordinary service for the association during the year. Any, and every, OCA member is eligible. OCA staff members are not eligible. Any OCA member may submit a name to be considered.
All persons to be considered will be rated by all Past Chairpersons on a scale of 1 to 5, with 5 being the highest rating. The person receiving the most points will receive the award. OCA will be responsible for distributing the names and resumes to the Past Chairpersons and collecting and tabulating the ratings of the nominees. Deadline for nominations is October 23, 2019.
Please submit your nomination to David Rule at [email protected].
Ohio Attorney General Dave Yost Issues Opinion Supporting Competitive Bidding for Construction
Earlier this year the Prosecuting Attorney for Seneca County requested an opinion from Attorney General Dave Yost on a series of questions related to whether a regional council of governments could contract for “construction services.” The Prosecuting Attorney also asked whether a regional council of government can acquire “construction services” through participation in a contract entered into by another political subdivision pursuant to the joint purchasing program permitted under O.R.C. §9.48. The Prosecuting Attorney inquired whether a regional council of governments could enter into a unit price contract for “construction services” under O.R.C. §167.081, and then permit a political subdivision that is a member of the council to participate in that unit price contract without further competitive bidding.
Regional Council of Governments
Ohio law permits the governing bodies of any two or more counties, municipalities, townships, school districts or other political subdivisions to agree to join for the establishment of a regional council consisting of such political subdivisions. See Ohio Revised Code §167.01. The intent is to enable promotion of cooperative arrangements, planning, and coordinated actions among the council’s members.
There is, however, a key limitation to a regional council of governments’ authority. The regional council must comply with all statutory requirements imposed upon the member political subdivisions. In other words, a regional council of governments cannot do more than what any of its individual members can do.
A regional council of governments is uniquely authorized to enter into a contract that provides upon a per unit basis, materials, labor, services, overhead, and profit for the repair, enlargement, improvement, or demolition of a building or structure if the contract is awarded pursuant to a competitive bidding procedure of one of the council’s political subdivision members. O.R.C. §167.081. A political subdivision member of the council can then participate in a contract entered into by the council of governments and such purchases under the contract are exempt from further bidding requirements unless otherwise required by law.
Attorney General Opinion No. 2019 028
The first question was whether the term “services” as used in O.R.C. §9.48, includes “construction services.” O.R.C. §9.48, provides that a political subdivision may permit one or more other political subdivisions to participate, for a fee, in contracts for the acquisition of equipment, materials, supplies, or services. The Attorney General answered the question in the negative, for the reason that “construction” and “construction services” are not included in the items listed in O.R.C. §9.48. The Attorney General opined that if the General Assembly had intended to include “construction” or “construction services” in R.C. §9.48, it would have done so. The Attorney General concluded that construction or construction services are not services which a political subdivision may procure under the purchasing authority set forth in O.R.C. §9.48.
According to the Attorney General Opinion, O.R.C. 9.48 also does not permit a regional council of governments to participate in a contract for construction services that was entered into by another political subdivision or under a joint purchasing program.
O.R.C. §167.081 authorizes a regional council of governments to contract on a unit price basis for materials, labor, services, overhead profit, and associated expenses for the repair, enlargement, improvement, or demolition of a building or structure. Several of the questions were about what constitutes a “unit price” or “unit basis” for purposes of the statute. The Attorney General noted that the statute does not provide the manner in which pricing must be expressed in a unit based contract. The Attorney General said such a determination is up to the courts to decide.
The Prosecuting Attorney then asked if unit pricing and bids for services under O.R.C. §167.081 are subject to the requirements of Ohio’s Prevailing Wage Law. The Attorney General said the unit prices for labor in contracts entered into pursuant to O.R.C. §167.081 must comply with Ohio’s Prevailing Wage when the overall project cost exceeds the statutory thresholds.
The question was presented whether O.R.C. §167.081 applies to new construction of a public improvement. The Attorney General observed that the General Assembly did not include “construction” or “new construction” in the list of actions to which a regional council of governments may enter into a contract for pursuant to O.R.C. §167.081. The express language of the statute limits the authority of the council of governments to contract on a unit price basis for the repair, enlargement, improvement, or demolition of an existing building or structure.
Moreover, the Attorney General concluded that if, under a per unit contract pursuant to O.R.C. §167.081, the repair and improvement of an existing building or structure involves the expenditure of public moneys or benefits the regional council, and the overall cost exceeds the statutory threshold, the regional council of governments is obligated to pay prevailing wages on the project.
To summarize, Attorney General Yost’s Opinion reached the following conclusions, among others:
1. O.R.C. §9.48 does not authorize a political subdivision to acquire construction services through participation in a contract entered into by another political subdivision;
2. A unit price contract entered into pursuant to O.R.C. §167.081 must comply with all applicable Ohio laws, including Ohio’s Prevailing Wage Law;
3. O.R.C. 167.081 authorizes entering into a per unit contract only for the purpose of acquiring services related to the repair enlargement, improvement, or demolition of existing buildings or structures;
4. Unit prices and bids for the services listed in O.R.C. 167.081 are subject to Ohio’s Prevailing Wage Law if the overall project cost exceeds the threshold above which prevailing wages must be paid.
Patrick Devine is Senior Counsel at Ice Miller LLP where he represents clients in construction and litigation matters. He focuses his practice in the heavy/highway arena with an emphasis on competitive bidding, prevailing wage compliance, and DBE/MBE certification requirements.
December CESSWI Training In Columbus
Mary So, Safety Director for George J. Igel & Co., Inc. recently advised OCA that she has scheduled training for CESSWI participants in December at their Columbus facility. Anyone needing the training is more than welcome to attend for credit. OCA is not sponsoring or handling registration for the class. We simply wish to advise the membership of a training opportunity if needed. Please click on the following link for additional information about the course and how to register. Register here.
September 2019 Webinar Series for Workers' and Unemployment Compensation
As a client of CompManagement, please join us for the following free workers' compensation and unemployment compensation webinars to be held in September.
Workers' Compensation
Private Employers Only: Selecting the Best
BWC Premium Savings Program
2:00 pm - 3:00 pm (est/edt)
10:00 am - 11:00am (est/edt)
This session has been certified by the Ohio Bureau of Workers’ Compensation (BWC) for 1-hour of the 2-hour safety training requirement for group and group retrospective-rated employers. To be eligible for the BWC safety training requirement credit, the attendee must remain in the session for at least 75% of the total session time. For a full course description or for a list of all the sessions included in our 2019 Client Education Program for workers' compensation, click here.
Unemployment Compensation
Unemployment Hearing Process
10:00 am - 11:00am (est/edt)
Our organization is approved for Recertification Credit Hours for our Unemployment Compensation webinars with the American Payroll Association (APA). For a full course description or for a list of all the webinars included in our 2019 Client Education Program for unemployment compensation,click here. To be eligible for RCHs per APA, the attendee must remain in the webinar for at least 75% of the total time. Our organization is only responsible to communicate the RCHs earned per APA. We do not submit documentation on your behalf.
For questions related to a Workers' Compensation webinar, please email [email protected]. For questions related to an Unemployment Compensation webinar, email us at [email protected]. You may also contact us by phone at (800) 825-6755, extension 65751 for questions related to any of these courses.
Three business days prior to the webinar date, if a workers' compensation session has been selected, you will receive an email from [email protected], or [email protected] if attending an unemployment compensation webinar. The email will include detailed instructions on how to join the webinar along with a copy of the presentation (if applicable). Please be sure to add both of these email addresses to your Safe Sender email file to ensure receipt.
If the 75% qualification is met for a workers' compensation and/or unemployment compensation webinar, we will send a certificate of attendance via email within 3 business days of the session date.
Please note: our client education program is intended as an educational opportunity for clients of CompManagement only unless otherwise communicated during the promotion, registration or confirmation of each topic.
TAUC IGI Conference in Cincinnati on Sept. 10-12, 2019
The Association of Union Constructors (TAUC) is conducting an Industrial Grade Innovation (IGI) Conference and Expo on Sept. 10-12, 2019 at the Hyatt Regency Cincinnati.
The Association of Union Constructors (TAUC) is dedicated to bringing the three entities involved in the successful completion of construction projects together – Owners, Contractors & The Trades. In the union construction and maintenance sector, buy-in from all three is critical.
The Industrial Grade Innovation Conference and Expo (IGI), Sept. 10-12 in Cincinnati, will give technology firms and innovation entrepreneurs an unprecedented opportunity to introduce their products and services to senior executives in the industrial construction and maintenance industry, one of the fastest growing sectors of the U.S. economy.
TAUC will have an amazing lineup of speakers who will discuss existing innovation and technology that has the potential to revolutionize the construction and maintenance industry. Here are 3 good reasons to attend:
1. Relevant Keynote Speakers
Learn about the future of the industry from the CEO of an industrial AI software platform, an innovation consultant and the chief technology officer of Stanley Black & Decker.
2. Interactive Discussion Groups
Take part in discussion groups led by Owner/Clients, Contractors, Labor Representatives with Technology Provider representatives with real world examples of how innovation and technology is impacting these segments of the construction market.
3. Informative Breakout Sessions
Attendees can choose from eight 20-minute concurrent breakout sessions led by innovation and technology subject matter experts.
Space is limited, so early registration is encouraged. Click on the following link for additional information and registration instructions for the conference. www.igiexpo.com
ODOT announces Traffic Incident Management Training Classes
ODOT has announced 12 sessions of the new Ohio Traffic Incident Management (OTIM) Training. These free, 2-hour class sessions will be of interest to anyone who responds to incidents impacting the roadway transportation system, such as Fire Departments, EMS, Law Enforcement (Police, Sheriff, Highway Patrol), DOT, Public Works, EPA, EMA, Towing and Recovery, and Highway Construction Companies.
Depending on the location, the OTIM classes have been scheduled for either morning (8:30am to 11:00am) or afternoon (12:30pm to 3:00pm). Registration is now open as follows:
• October 1 (a.m.) – Bowling Green Click here to register.
• October 2 (a.m.) – New Philadelphia Click here to register.
• October 3 (a.m.) – Akron Click here to register.
• October 8 (a.m.) – Garfield Heights Click here to register.
• October 9 (a.m.) – Lebanon Click here to register.
• October 10 (a.m.) – Chillicothe Click here to register.
• October 16 (a.m.) – Marietta Click here to register.
• October 17 (p.m.) – Ashland Click here to register.
• October 22 (a.m.) – Delaware Click here to register.
• October 23 (p.m.) – Lima Click here to register.
• October 29 (p.m.) – Lebanon Click here to register.
• October 30 (p.m.) – Delaware Click here to register.
Ohio LTAP is managing the registration process for all participants. Pre-registration is required. Registrations will be processed in the order they are submitted online, while seats are still available.
|