reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.50 | Separate Bids for Work and Materials.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) As used in sections 153.50 to 153.52 of the Revised Code:
(1) "Construction manager at risk" has the same meaning as in section 9.33 of the Revised Code.
(2) "Design-assist services" means monitoring and assisting in the completion of the plans and specifications.
(3) "Design-assist firm" means a person capable of providing design-assist services.
(4) "Design-build firm" has the same meaning as in section 153.65 of the Revised Code.
(5) "General contracting" means constructing and managing an entire public improvement project, including the branches or classes of work specified in division (B) of this section, under the award of a single aggregate lump sum contract.
(6) "General contracting firm" means a person capable of performing general contracting.
(B) Except for contracts made with a construction manager at risk, with a design-build firm, or with a general contracting firm, an officer, board, or other authority of the state, a county, township, municipal corporation, or school district, or of any public institution belonging thereto, authorized to contract for the erection, repair, alteration, or rebuilding of a public building, institution, bridge, culvert, or improvement and required by law to advertise and receive bids for furnishing of materials and doing the work necessary for the erection thereof, shall require separate and distinct bids to be made for furnishing such materials or doing such work, or both, in their discretion, for each of the following branches or classes of work to be performed, and all work kindred thereto, entering into the improvement:
(1) Plumbing and gas fitting;
(2) Steam and hot-water heating, ventilating apparatus, and steam-power plant;
(3) Electrical equipment.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.501 | Subcontracts Awarded by Construction Manager at Risk, Design-Build Firm, or General Contracting Firm; Utilization of Design-Assist Firm; Self-Performed Portions of Work.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) A public authority may accept a subcontract awarded by a construction manager at risk, a design-build firm, or a general contracting firm, or may reject any such subcontract if the public authority determines that the bidder is not responsible.
(B) A public authority may authorize a construction manager at risk or design-build firm to utilize a design-assist firm on any public improvement project without transferring any design liability to the design-assist firm.
(C) If the construction manager at risk or design-build firm intends and is permitted by the public authority to self-perform a portion of the work to be performed, the construction manager at risk or design-build firm shall submit a sealed bid for the portion of the work prior to accepting and opening any bids for the same work.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.502 | Construction Management or Design-Build Contracts; Prequalification of Bidders.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) Each construction manager at risk and design-build firm shall establish criteria by which it will prequalify prospective bidders on subcontracts awarded for work to be performed under the construction management or design-build contract. The criteria established by a construction manager at risk or design-build firm shall be subject to the approval of the public authority involved in the project and shall be consistent with the rules adopted by the Ohio facilities construction commission pursuant to section 153.503 of the Revised Code.
(B) For each subcontract to be awarded, the construction manager at risk or design-build firm shall identify at least three prospective bidders that are prequalified to bid on that subcontract, except that the construction manager at risk or design-build firm shall identify fewer than three if the construction manager at risk or design-build firm establishes to the satisfaction of the public authority that fewer than three prequalified bidders are available. The public authority shall verify that each prospective bidder meets the prequalification criteria and may eliminate any bidder it determines is not qualified.
(C) Once the prospective bidders are prequalified and found acceptable by the public authority, the construction manager at risk or design-build firm shall solicit proposals from each of those bidders. The solicitation and selection of a subcontractor shall be conducted under an open book pricing method. As used in this division, "open book pricing method" has the same meaning as in section 9.33 of the Revised Code, in the case of a construction manager at risk, and the same meaning as in section 153.65 of the Revised Code, in the case of a design-build firm.
(D) A construction manager at risk or design-build firm shall not be required to award a subcontract to a low bidder.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.503 | Adoption of Rules.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The Ohio facilities construction commission, pursuant to Chapter 119. of the Revised Code, shall adopt rules to do all of the following:
(A) Prescribe the procedures and criteria for determining the best value selection of a construction manager at risk or design-build firm;
(B) Set forth standards to be followed by construction managers at risk and design-build firms when establishing prequalification criteria pursuant to section 153.502 of the Revised Code;
(C) Prescribe the form for the contract documents to be used by a construction manager at risk, design-build firm, or general contractor when entering into a subcontract;
(D) Prescribe the form for the contract documents to be used by a public authority when entering into a contract with a construction manager at risk or design-build firm.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.51 | Separate Contracts - Single, Aggregate Contract.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) If separate and distinct bids are required pursuant to section 153.50 of the Revised Code, no contract for the entire job, or for a greater portion thereof than is embraced in one such branch or class of work may be awarded, unless the separate bids do not cover all the work and materials required or the bids for the whole or for two or more kinds of work or materials are lower than the separate bids in the aggregate.
(B)(1) If the public authority awards a single, aggregate contract for the entire project pursuant to division (A) of this section, the award shall be made to the bidder who is the lowest responsive and responsible bidder or the lowest and best bidder, as applicable, as specified in section 153.52 of the Revised Code.
(2) The public authority may assign all or any portion of its interest in the contract of the lowest responsive and responsible bidder or the lowest and best bidder, as applicable, to another successful bidder as an agreed condition for an award of the contract for the amount of its respective bid. Such assignment may include, but is not limited to, the duty to schedule, coordinate, and administer the contracts.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.52 | Awarding of Contracts to Separate Bidders.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
A contract for general contracting or for doing the work belonging to each separate branch or class of work specified in division (B) of section 153.50 of the Revised Code, or for the furnishing of materials therefor, shall be awarded by the public authority referred to in section 153.50 of the Revised Code, in its discretion, to the lowest responsive and responsible separate bidder therefor, in accordance with section 9.312 of the Revised Code in the case of any public authority of the state or any public institution belonging thereto, and to the lowest and best separate bidder in the case of a county, township, or municipal corporation, or any public institution belonging thereto, and to the lowest responsive and responsible bidder in the case of a school district, and shall be made directly with the bidder in the manner and upon the terms, conditions, and limitations as to giving bond or bid guaranties as prescribed by law.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.53 | Adjusting Threshold in Section 153.01 for Inflation.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As used in this section, "rate of inflation" has the same meaning as in section 107.032 of the Revised Code.
(B) Five years after September 29, 2011, and every five years thereafter, the executive director of the Ohio facilities construction commission shall evaluate the monetary threshold specified in section 153.01 of the Revised Code and adopt rules adjusting that amount based on the average rate of inflation during each of the previous five years immediately preceding such adjustment.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.55 | Dividing Project Into Parts to Avoid Threshold Prohibited; Costs Included in Threshold Amount.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) For purposes of calculating the amount of a public improvement project to determine whether it is subject to section 153.01 of the Revised Code, no officer, board, or other authority of the state or any institution supported by the state shall subdivide a public improvement project into component parts or separate projects in order to avoid the threshold of that section, unless the component parts or separate projects thus created are conceptually separate and unrelated to each other, or encompass independent or unrelated needs.
(B) In calculating the project amount for purposes of the threshold in section 153.01 of the Revised Code, the following expenses shall be included as costs of the project:
(1) Professional fees and expenses for services associated with the preparation of plans;
(2) Permit costs, testing costs, and other fees associated with the work;
(3) Project construction costs;
(4) A contingency reserve fund.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.56 | Creditor Shall Furnish Statement of Amount Due - Service of Notice of Furnishing.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) Any person to whom any money is due for labor or work performed or materials furnished in a public improvement as provided in section 153.54 of the Revised Code, at any time after performing the labor or work or furnishing the materials, but not later than ninety days after the completion of the contract by the principal contractor or design-build firm and the acceptance of the public improvement for which the bond was provided by the duly authorized board or officer, shall furnish the sureties on the bond, a statement of the amount due to the person.
(B) A suit shall not be brought against sureties on the bond until after sixty days after the furnishing of the statement described in division (A) of this section. If the indebtedness is not paid in full at the expiration of that sixty days, and if the person complies with division (C) of this section, the person may bring an action in the person's own name upon the bond, as provided in sections 2307.06 and 2307.07 of the Revised Code, that action to be commenced, notwithstanding section 2305.12 of the Revised Code, not later than one year from the date of acceptance of the public improvement for which the bond was provided.
(C) To exercise rights under this section, a subcontractor or materials supplier supplying labor or materials that cost more than thirty thousand dollars, who is not in direct privity of contract with the principal contractor or design-build firm for the public improvement, shall serve a notice of furnishing upon the principal contractor or design-build firm in the form provided in section 1311.261 of the Revised Code.
(D) A subcontractor or materials supplier who serves a notice of furnishing under division (C) of this section as required to exercise rights under this section has the right of recovery only as to amounts owed for labor and work performed and materials furnished during and after the twenty-one days immediately preceding service of the notice of furnishing.
(E) For purposes of this section:
(1) "Design-build firm" has the same meaning as in section 153.65 of the Revised Code.
(2) "Principal contractor" has the same meaning as in section 1311.25 of the Revised Code, and may include a "construction manager at risk" as defined in section 9.33 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.581 | Contracts for Construction Definitions.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
As used in sections 153.581 and 153.591 of the Revised Code:
(A) "Public works contract" means any contract awarded by a contracting authority for the construction, engineering, alteration, or repair of any public building, public highway, or other public work.
(B) "Contracting authority" means the state, any township, county, municipal corporation, school board, or other governmental entity empowered to award a public works contract, and any construction manager at risk as defined in section 9.33 of the Revised Code or design-build firm as defined in section 153.65 of the Revised Code awarding a subcontract.
(C) "Contractor" means any person, partnership, corporation, or association that has been awarded a public works contract.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.59 | Discrimination and Intimidation on Account of Race, Religion, Sex, Disability, National Origin or Ancestry.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
Every contract for or on behalf of the state, or any township, county, or municipal corporation of the state, for the construction, alteration, or repair of any public building or public work in the state shall contain provisions by which the contractor agrees to both of the following:
(A) That, in the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor, or any person acting on a contractor's or subcontractor's behalf, by reason of race, creed, sex, disability or military status as defined in section 4112.01 of the Revised Code, or color, shall discriminate against any citizen of the state in the employment of labor or workers who is qualified and available to perform the work to which the employment relates;
(B) That no contractor, subcontractor, or any person on a contractor's or subcontractor's behalf, in any manner, shall discriminate against or intimidate any employee hired for the performance of work under the contract on account of race, creed, sex, disability or military status as defined in section 4112.01 of the Revised Code, or color.
The department of development shall ensure that no capital moneys appropriated by the general assembly for any purpose shall be expended unless the project for which those moneys are appropriated provides for an affirmative action program for the employment and effective utilization of disadvantaged persons whose disadvantage may arise from cultural, racial, or ethnic background, or other similar cause, including, but not limited to, race, religion, sex, disability or military status as defined in section 4112.01 of the Revised Code, national origin, or ancestry.
In awarding contracts for capital improvement projects, the department shall ensure that equal consideration be given to contractors, subcontractors, or joint venturers who qualify as a minority business enterprise. As used in this section, "minority business enterprise" means a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons who are residents of this state. "Socially or economically disadvantaged persons" means persons, regardless of marital status, who are members of groups whose disadvantage may arise from discrimination on the basis of race, religion, sex, disability or military status as defined in section 4112.01 of the Revised Code, national origin, ancestry, or other similar cause.
Last updated July 29, 2021 at 4:33 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.591 | Hiring Hall Contract or Agreement.

Effective:
March 24, 2008
Latest Legislation:
House Bill 372 - 127th General Assembly
Any provision of a hiring hall contract or agreement which obligates a contractor to hire, if available, only employees referred to the contractor by a labor organization shall be void as against public policy and unenforceable with respect to employment under any public works contract unless at the date of execution of the hiring hall contract or agreement, or within thirty days thereafter, the labor organization has in effect procedures for referring qualified employees for hire without regard to race, color, religion, national origin, military status as defined in section 4112.01 of the Revised Code, or ancestry and unless the labor organization includes in its apprentice and journeyperson's membership, or otherwise has available for job referral without discrimination, qualified employees, both whites and non-whites (including African-Americans).
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.60 | Forfeiture.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The contract referred to in section 153.59 of the Revised Code shall provide as a forfeiture for any breach of the provisions against discrimination:
(A) That there shall be deducted from the amount payable to the contractor by the state or by any township, county, or municipal corporation thereof, under this contract, a forfeiture of twenty-five dollars for each person who is discriminated against or intimidated in violation of this contract;
(B) That the contract shall be canceled or terminated by the state or by any township, county, or municipal corporation thereof, and all money to become due hereunder may be forfeited, for a second or subsequent violation of the terms of this section of the contract.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.62 | Issuing Change Order for Additional Work.

Effective:
March 18, 1999
Latest Legislation:
House Bill 850 - 122nd General Assembly
All contracts for the erection, construction, repair, or alteration of any building, highway, or other work or improvement of any nature by an officer, board, or other authority of the state, a county, township, municipal corporation, school district, or any political subdivision, or any public institution belonging thereto, are subject to all applicable federal, state, and local statutes, ordinances, and regulations, including, but not limited to, those dealing with the prevention of environmental pollution that affect or are affected by such contracts. If the bidder to whom the work is awarded must undertake additional work due to the enactment or amendment of statutes or rules occurring after the submission of the successful bid, the awarding body shall issue a change order setting forth the additional work that must be undertaken and authorizing additional cost to the contractor, which shall not invalidate the contract. The cost of such a change order to the awarding agency shall be determined in accordance with the provisions of the contract for change orders or force accounts or, if no such provision is set forth in the contract, then the cost to the awarding agency shall be the contractor's actual costs including wages, labor costs other than wages, wage taxes, materials, equipment costs and rentals, insurance, and subcontracts attributable to the additional activity, plus a reasonable sum for overhead. Such additional costs to undertake work not specified in the invitation for bids shall not be approved unless written authorization is given the successful bidder prior to the successful bidder's undertaking such additional activity. If a dispute arises between the awarding agency and the successful bidder, procedures shall be commenced under the applicable terms of the construction contract, or, if the contract contains no provision for resolving the dispute, it shall be resolved pursuant to the procedures for arbitration in Chapter 2711. of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.63 | Agreement for Escrow Account for Contractor.

Effective:
February 11, 1982
Latest Legislation:
House Bill 497 - 114th General Assembly
(A) Any money which is due from the public owner referred to in section 153.12 of the Revised Code under a contract entered into under this chapter or entered into under other applicable sections of the Revised Code for the construction, reconstruction, improvement, enlargement, alteration, repair, painting, or decoration of a public improvement shall, on the day it is due, be paid to the contractor or deposited in an escrow account, whichever is applicable, with one or more banks or building and loan associations in the state selected by mutual agreement between the contractor and the public owner. The agreement shall contain the following provisions:
(1) The money shall be deposited in a savings account or the escrow agent shall promptly invest all of the escrowed principal in obligations selected by the escrow agent, as stipulated in the agreement.
(2) The escrow agent shall hold the escrowed principal and income until receipt of notice from the public owner and the contractor, or until receipt of an arbitration order or an order of the court of claims specifying the amount of the escrowed principal to be released and the person to whom it is to be released. Upon receipt of the notice or order, the agent shall promptly pay such amount of principal and a proportionate amount of the escrowed income to the person indicated.
(3) The escrow agent shall be compensated for its services as agreed to by the public owner and the contractor from the income from the escrow account.
The agreement may include other provisions not inconsistent with this section, including, but not limited to granting authority for the escrow agent to commingle the escrowed funds with funds held pursuant to other escrow agreements and limiting the liability of the escrow agent.
(B) When the public owner, as defined in division (B) of section 2743.01 of the Revised Code, and the contractor disagree as to the conditions under which money is to be paid under this section, the parties shall apply for a decision by arbitration under the procedures of Chapter 2711. of the Revised Code. When an application is made, neither party shall initiate, and no court shall permit the maintenance of, an action in court for decision of the same issues sought to be determined in the arbitration application. The award made by the arbitrator may include the costs of arbitration. The arbitration shall be binding on all parties.
(C) When the public owner, as defined in division (A) of section 2743.01 of the Revised Code, and the contractor disagree as to the conditions under which money is to be paid under this section the contractor shall file an action in the court of claims.
(D) If the money required to be paid or deposited under division (A) of this section is not paid or deposited, the governmental entity shall pay to the contractor an amount equal to eight per cent annual interest compounded daily.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.66 | Submitting Statement of Qualifications.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Each public authority planning to contract for professional design services or design-build services shall encourage professional design firms and design-build firms to submit a statement of qualifications and update the statements at regular intervals.
(B) Notwithstanding any contrary requirements in sections 153.65 to 153.70 of the Revised Code, for every design-build contract, each public authority planning to contract for design-build services shall evaluate the statements of qualifications submitted by design-build firms for the project, including the qualifications of the design-build firm's proposed architect or engineer of record, in consultation with the criteria architect or engineer before selecting a design-build firm pursuant to section 153.693 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.67 | Announcing Contracts Available for Professional Design or Design-Build Services.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Each public authority planning to contract for professional design services or design-build services shall publicly announce all contracts available from it for such services. The announcements shall:
(A) Be made in a uniform and consistent manner and shall be made sufficiently in advance of the time that responses must be received from qualified professional design firms or design-build firms for the firms to have an adequate opportunity to submit a statement of interest in the project;
(B) Include a general description of the project, a statement of the specific professional design services or design-build services required, and a description of the qualifications required for the project;
(C) Indicate how qualified professional design firms or design-build firms may submit statements of qualifications in order to be considered for a contract to design or design-build the project;
(D) Be sent to any of the following that the public authority considers appropriate:
(1) Design-build firms, including contractors or other entities that seek to perform the work as a design-build firm;
(2) Architect, landscape architect, engineer, and surveyor associations;
(3) The news media;
(4) Any publications or other public media, including electronic media.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.68 | Instituting Prequalification Requirements.

Effective:
November 24, 1995
Latest Legislation:
House Bill 231 - 121st General Assembly
Any public authority planning to contract for professional design services may institute prequalification requirements for professional design firms seeking to provide services to the public authority and may require that each prequalified firm maintain a current statement of qualifications on file with the public authority. The prequalification requirements shall be based on factors such as those set out in division (D) of section 153.65 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.69 | Evaluating and Selecting Firms.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
For every professional design services contract, each public authority planning to contract for professional design services shall evaluate the statements of qualifications submitted by professional design firms specifically regarding the project, and may hold discussions with individual firms to explore further the firms' statements of qualifications, the scope and nature of the services the firms would provide, and the various technical approaches the firms may take toward the project. Following this evaluation, the public authority shall:
(A) Select and rank no fewer than three firms which it considers to be the most qualified to provide the required professional design services, except when the public authority determines in writing that fewer than three qualified firms are available in which case the public authority shall select and rank those firms;
(B) Negotiate a contract with the firm ranked most qualified to perform the required services at a compensation determined in writing to be fair and reasonable to the public authority. Contract negotiations shall be directed toward:
(1) Ensuring that the professional design firm and the agency have a mutual understanding of the essential requirements involved in providing the required services;
(2) Determining that the firm will make available the necessary personnel, equipment, and facilities to perform the services within the required time;
(3) Agreeing upon compensation which is fair and reasonable, taking into account the estimated value, scope, complexity, and nature of the services.
(C) If a contract is negotiated with the firm ranked to perform the required services most qualified, the public authority shall, if applicable under section 127.16 of the Revised Code, request approval of the board to make expenditures under the contract.
(D) Upon failure to negotiate a contract with the firm ranked most qualified, the public authority shall inform the firm in writing of the termination of negotiations and may enter into negotiations with the firm ranked next most qualified. If negotiations again fail, the same procedure may be followed with each next most qualified firm selected and ranked pursuant to division (A) of this section, in order of ranking, until a contract is negotiated.
(E) Should the public authority fail to negotiate a contract with any of the firms selected pursuant to division (A) of this section, the public authority may select and rank additional firms, based on their qualifications, and negotiations may continue as with the firms selected and ranked initially until a contract is negotiated.
(F) Nothing in this section affects a public authority's right to accept or reject any or all proposals in whole or in part.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.691 | No Fee Estimate on Contract for Professional Design Services.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
No public authority planning to contract for professional design services under section 153.69 of the Revised Code shall require any form of fee estimate, fee proposal, or other estimate or measure of compensation prior to selecting and ranking professional design firms, except in instances when firms are selected and ranked by a state agency from a list of prequalified firms created under section 153.68 of the Revised Code and the state agency's payment of funds for the professional design services has been preapproved by the controlling board.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.692 | Obtaining Services of Criteria Architect or Engineer.

Effective:
September 13, 2022
Latest Legislation:
House Bill 687 - 134th General Assembly
For every design-build contract, the public authority planning to contract for design-build services shall first obtain the services of a criteria architect or engineer by doing either of the following:
(A) Contracting for the services consistent with sections 153.65 to 153.70 of the Revised Code;
(B) Obtaining the services through an architect or engineer who is an employee of the public authority.
Last updated July 6, 2022 at 9:17 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.694 | Conflicts of Interest.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
If a professional design firm selected as the criteria architect or engineer creates the preliminary criteria and design criteria for a project and provides professional design services to a public authority to assist that public authority in evaluating the design-build requirements provided to the public authority by a design-build firm pursuant to section 153.692 of the Revised Code, that professional design firm shall not provide any design-build services pursuant to the design-build contract under section 153.693 of the Revised Code for the project for which the professional design firm was selected as the criteria architect or engineer.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.70 | Requiring Professional Liability Insurance.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Except for any person providing professional design services of a research or training nature, any person rendering professional design services to a public authority or to a design-build firm, including a criteria architect or engineer and person performing architect or engineer of record services, shall have and maintain, or be covered by, during the period the services are rendered, a professional liability insurance policy or policies with a company or companies that are authorized to do business in this state and that afford professional liability coverage for the professional design services rendered. The insurance shall be in an amount considered sufficient by the public authority. At the public authority's discretion, the design-build firm shall carry contractor's professional liability insurance and any other insurance the public authority considers appropriate.
(B) The requirement for professional liability insurance set forth in division (A) of this section may be waived by the public authority for good cause, or the public authority may allow the person providing the professional design services to provide other assurances of financial responsibility.
(C) Before construction begins pursuant to a contract for design-build services with a design-build firm, the design-build firm shall provide a surety bond to the public authority in accordance with rules adopted by the executive director of the Ohio facilities construction commission under Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.71 | Administrative Rules.

Effective:
September 13, 2022
Latest Legislation:
House Bill 687 - 134th General Assembly
(A) Any public authority planning to contract for professional design services or design-build services may adopt, amend, or rescind rules, in accordance with Chapter 119. of the Revised Code, to implement sections 153.66 to 153.70 of the Revised Code.
(B) Sections 153.66 to 153.70 of the Revised Code do not apply to any of the following:
(1) Any project with an estimated professional design fee of twenty-five thousand dollars or less;
(2) Any project with an estimated professional design fee of more than twenty-five thousand dollars but less than fifty thousand dollars if both of the following requirements are met:
(a) The public authority selects a single design professional or firm from among those that have submitted a current statement of qualifications within the immediately preceding year, as provided under section 153.68 of the Revised Code, based on the public authority's determination that the selected design professional or firm is the most qualified to provide the required professional design services;
(b) The public authority and the selected design professional or firm comply with division (B) of section 153.69 of the Revised Code with respect to the negotiation of a contract.
(3) Any project determined in writing by the public authority head to be an emergency requiring immediate action including, but not limited to, any projects requiring multiple contracts let as part of a program requiring a large number of professional design firms of the same type.
Last updated July 6, 2022 at 9:17 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.72 | Authority of Design-Build Firm.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
A design-build firm contracted for design-build services by a public authority may do either of the following:
(A) Perform design, construction, demolition, alteration, repair, or reconstruction work pursuant to such contract;
(B) Perform professional design services when contracted by a public authority for design-build services even if the design-build firm is not a professional design firm.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.73 | Construction of Statutes.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The requirements set forth in sections 153.65 to 153.72 of the Revised Code for the bidding, selection, and award of a contract for professional design services or design-build services by a public authority prevail in the event of any conflict with any other provision of this chapter.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.80 | Reducing Bond.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) A contract for the construction, demolition, alteration, repair, or reconstruction of a public improvement entered into on or after April 16, 1993, shall be deemed to include the provisions contained in division (B) of this section.
(B)(1) In regard to any bond filed by the contractor for the work contracted, the contracting authority, in its sole discretion, may reduce the bond required by twenty-five per cent of the total amount of the bond after at least fifty per cent of the work contracted for has been completed and by fifty per cent after at least seventy-five per cent of the work contracted for has been completed provided that all of the following conditions are met:
(a) The contracting authority determines that the percentage of the work that has been completed at the time of determination has been satisfactorily performed and meets the terms of the contract, including a provision in regard to the time when the whole or any specified portion of work contemplated in the contract must be completed;
(b) The contracting authority determines that no disputed claim caused by the contractor exists or remains unresolved;
(c) The successful bid upon which the contract is based was not more than ten per cent below the next lowest bid or not more than ten per cent below a cost estimate for the work as published by the contracting authority.
(2) In regard to the amount of any funds retained, the contracting authority, in its sole discretion, may reduce the amount of funds retained pursuant to sections 153.12 and 153.14 of the Revised Code for the faithful performance of work by fifty per cent of the amount of funds required to be retained pursuant to those sections, provided that the surety on the bond remains liable for all of the following that are caused due to default by the contractor:
(a) Completion of the job;
(b) All delay claims;
(c) All liquidated damages;
(d) All additional expenses incurred by the contracting authority.
(C) As used in this section:
(1) "Contracting authority" means an officer, board, or other authority of the state, a county, township, municipal corporation, or school district, or of any other political subdivision of the state, authorized to contract for the construction, demolition, alteration, repair, or reconstruction of a public improvement, and any construction manager at risk as defined in section 9.33 of the Revised Code or design-build firm as defined in section 153.65 of the Revised Code awarding a subcontract, but does not include an officer, board, or other authority of the department of transportation.
(2) "Delay claim" means a claim that arises due to default on provisions in a contract in regard to the time when the whole or any specified portion of work contemplated in the contract must be completed.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.83 | Hearings Related to Contractor Labor Agreements.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) As used in this section, "public improvement" means any of the following:
(1) A road, bridge, highway, street, or tunnel;
(2) A waste water treatment system or water supply system;
(3) A solid waste disposal facility or a storm water and sanitary collection, storage, and treatment facility;
(4) Any structure or work constructed by a state agency or by another person on behalf of a state agency pursuant to a contract with the state agency.
(B) Before a state agency may issue a bid specification for a proposed public improvement that requires a contractor or subcontractor to enter into a project labor agreement, the state agency shall hold a public hearing on the matter.
(C) The state agency shall publish notice of the hearing not less than thirty days before the date of the hearing.
(D) A state agency shall decide whether to include the requirement described in division (B) of this section for a proposed public improvement not earlier than thirty days after the hearing required under that division.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 153 | Public Improvements › Section 153.99 | Penalty.

Effective:
March 29, 2001
Latest Legislation:
Senate Bill 11 - 124th General Assembly
(A) Whoever violates section 153.58 of the Revised Code shall be fined not more than one thousand dollars.
(B) A person who purchases or provides steel products in violation of division (A) of section 153.011 of the Revised Code shall pay a civil penalty equal to one and one-half times the purchase price of the steel products purchased or provided in violation of that section.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 154 | Financing for Certain Capital Facilities › Section 154.02 | Issuing Obligations.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Pursuant to the provisions of Chapter 154. of the Revised Code, the issuing authority may issue obligations as from time to time authorized by or pursuant to act or resolution of the general assembly, consistent with such limitations thereon, subject to section 154.12 of the Revised Code, as the general assembly may thereby prescribe as to principal amount, bond service charges, or otherwise, and shall cause the proceeds thereof to be applied to those capital facilities designated by or pursuant to act of the general assembly for any of the following:
(1) Mental hygiene and retardation, including housing for mental hygiene and retardation patients under Section 16 of Article VIII, Ohio Constitution;
(2) State supported and assisted institutions of higher education, including community or technical colleges;
(3) Parks and recreation;
(4) Ohio cultural facilities;
(5) Ohio sports facilities;
(6) Housing of branches and agencies of state government.
(B) The authority provided by Chapter 154. of the Revised Code is in addition to any other authority provided by law for the same or similar purposes, except as may otherwise specifically be provided in Chapter 154. of the Revised Code. In case any section or provision of Chapter 154. of the Revised Code or in case any covenant, stipulation, obligation, resolution, trust agreement, indenture, lease agreement, act, or action, or part thereof, made, assumed, entered into, or taken under Chapter 154. of the Revised Code, or any application thereof, is for any reason held to be illegal or invalid, such illegality or invalidity shall not affect the remainder thereof or any other section or provision of Chapter 154. of the Revised Code or any other covenant, stipulation, obligation, resolution, trust agreement, indenture, lease, agreement, act, or action, or part thereof, made, assumed, entered into, or taken under such chapter, which shall be construed and enforced as if such illegal or invalid portion were not contained therein, nor shall such illegality or invalidity or any application thereof affect any legal and valid application thereof, and each such section, provision, covenant, stipulation, obligation, resolution, trust agreement, indenture, lease, agreement, act, or action, or part thereof, shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 154 | Financing for Certain Capital Facilities › Section 154.05 | Annual Report.

Effective:
September 14, 2000
Latest Legislation:
House Bill 640 - 123rd General Assembly
(A) The issuing authority shall annually make a full and detailed report of its proceedings to the governor and to the general assembly, to include the following:
(1) The principal amount of obligations issued and sold during the annual period under authority of Chapter 154. of the Revised Code, the purposes for which they were issued, their dates, the dates and amounts of payment of principal and interest, and the interest rates on such issues;
(2) The total amount of obligations outstanding at the end of the annual period and the amount authorized but not issued;
(3) The amount of obligations which were retired during the annual period, the sources from which moneys were derived for that purpose, the amount of anticipatory notes retired by issuance of bonds, and the amount of notes retired by issuance of renewal notes;
(4) The amounts of money, dates upon which it must be made available, and proposed sources of payment, in order to make payments during the next annual period of bond service charges on the obligations outstanding at the end of the annual period;
(5) The amounts credited to the several bond service funds created in connection with the obligations during the annual period and the balances in those funds at the end of the annual period, the amount, if any, in those funds that is restricted to payment of bond service charges on specified issues of notes or bonds, and the specified issues of notes or bonds with respect to which such amount is so restricted;
(6) A description of such other transactions and proceedings as may be necessary in order to provide a full and detailed report of the activities of the issuing authority in connection with obligations authorized under Chapter 154. of the Revised Code.
(B) The reports required by this section shall each be for annual periods ending on the thirtieth day of June of each year, and shall be submitted to the governor and the general assembly no later than ninety days after the end of each annual period.