State settles dispute with contractor who paved asphalt on Ohio 25 south of BG

Roadwork at Ohio 25 and U.S. 6, on the south edge of Bowling Green in August 2023.

The Ohio Controlling Board has approved a settlement with the contractor who paved Ohio 25 south of Bowling Green.

State Sen. Theresa Gavarone, R-Bowling Green, has announced the board has approved a waiver for $157,500 to complete improvements to eight miles of Ohio 25 in Wood County. The costs are for the redesign of the asphalt mix being used to ensure quality and longevity of the pavement.

The overall $21.7 million project improved eight miles of Route 25 in the Henry, Bloom, Portage, Liberty, Plain and Center townships in Wood County by reconstructing asphalt roadway, cement subgrade stabilization, minor structure repairs, installing storm sewers, and other related work.

This construction project was awarded in January 2022 to Vernon Nagel Inc., of Napoleon. The Ohio Department of Transportation received six bids and awarded the contract to the low bidder in the amount of $21,670,126.

The contractor was paving the asphalt base late in the 2022 construction season. The contractor and the district had a goal to reopen the roadway prior to the winter and ice season. The contractor submitted their asphalt mix formula to the Office of Materials Management for approval. The asphalt mix was granted approval. District officials believed that all parties understood that the asphalt mix formula would require redesign during the winter months before paving asphalt base in the 2023 construction season.

But the redesign of the asphalt base was not approved during the winter months to use in the 2023 construction season. The Office of Material Management was acting in the best interest of the project and brought updated asphalt specifications into the projects. The office believed the asphalt mix formula was not up to current standards.

The contractor was able to purchase asphalt base material from a different supplier and keep the project on schedule. The contractor submitted a request in the amount of $328,000 for additional costs they incurred to meet the updated asphalt specifications. ODOT and the contractor settled the dispute for $157,500. While the Office of Materials Management updated the asphalt specifications to ensure better quality and longevity of the pavement, the project was awarded under a previous asphalt specification that was acceptable to ODOT.