Trumbull strengthening rules preventing added work on projects before commissioners’ review

WARREN -- An effort is being made by the Trumbull County Commissioners to encourage department heads to send change orders on projects to the commissioners for review before allowing work to be done.

Due to this directive, Sanitary Engineer Gary Newbrough on Wednesday warned the commissioners that he would be bringing resolutions next week for three sanitation department projects that will cost the county more than the amount that was originally contracted.

The additional work on one of the three projects has already been done. The projected cost of the additional work on the other two projects will be presented to the commissioners.

The commissioners are telling department heads to seek their pre-approval on any change order that changes the cost of any project.

Commissioner Tony Bernard for several months has been arguing that too often department heads have been allowing contractors to move forward with changes that increase the cost of projects before they are approved by the commissioners.

"That's not the way it is supposed to work," Bernard said.

The most recent example was work done by A.P. O'Horo, of Youngtown, which is doing construction work on the Golden Triangle Infrastructure Improvement Project. O'Horo has a contract with the city of Warren to do infrastructure work as part of the Paige Avenue realignment.

While doing the work, it was discovered there were underground gas and other lines that were not indicated in preliminary drawings of the area. The company had to determine whether those lines were still in use and then move them.

The additional work added $66,003.48 to the project cost, increasing the original contract amount of the project from $602,016.20 to $668,019.09.

The commissioners were told the work was allowed to move forward because stopping the project while waiting to seek approval would have cost the county more than the $66,003.

Warren, according to Commissioner Rick Hernandez, sent a letter to the county noting it would approve the already identified additional costs to get the project completed.

Bernard argued this type of action -- in which commissioners are encouraged to support cost increases after the work has been done -- happened too often in the past and has to be stopped.

Although, in this case, it is Warren that will pay the additional costs, Bernard suggested the idea of allowing contractors to do work without getting explicit permission from the governmental agency should not be allowed because it is all taxpayer money being expended.

However, the commissioners in a 2-1 vote on Wednesday approved allowing the payment to move forward in spite of the fact the commissioners did not provide approval for the additional work before it was done.

Bernard voted against paying for the additional work. Commissioners Rick Hernandez and Denny Malloy voted in favor of approving the additional amount.

Both Hernandez and Malloy agreed, in principle, with Bernard's argument that department heads are required to obtain approval from the commissioners before change orders are approved.

But Hernandez, in this case, stated he is concerned that not approving the payment would land the county in court because the work already has been completed.

Malloy noted that going forward county department heads will be required to forward all change orders to the commissioners for their review.

Trumbull County is in the process of developing a county-wide policy that will outline the process that should be taken when changes to projects are required.