reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5523 | Grade Crossings › Section 5523.19 | Separated Crossing Not Constructed Under Certain Sections.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
When a separated crossing, which was not constructed in accordance with sections 4957.01 to 4957.26 or sections 5561.01 to 5561.15 of the Revised Code, is situated on a road or highway on the state highway system or an extension thereof, and is so located that in order to provide for the safety and convenience of the traveling public having occasion to use such road or highway or extension, the director of transportation deems it necessary to relocate and reconstruct the same in whole or in part outside the right-of-way of such road or highway or extension thereof, or when, in the opinion of the director, a separated crossing which was not constructed in accordance with such sections, and which separated crossing is located on a road or highway on the state system or an extension thereof, which road or highway was laid out and opened after the construction of the railroad, is in need of widening, reconstruction, or realignment in order to provide for the safety and convenience of the traveling public having occastion to use such road or highway or extension thereof, the director may relocate and reconstruct, widen, reconstruct, or realign the same.
The director may take such action and initiate and prosecute such proceedings as provided in sections 5523.01 to 5523.18 of the Revised Code, to secure the elimination of existing grade crossings. The cost and expense of such relocation and reconstruction, widening, reconstruction, or realignment shall be borne by the state, or by the state and any other political subdivision in which the crossing is located, and by the railroad company in the proportions set out in sections 5523.01 to 5523.20 of the Revised Code, in relation to the elimination of existing grade crossings, unless otherwise agreed upon.
Every person or company owning, controlling, managing, or operating a railroad in this state shall maintain and keep in good repair good, safe, adequate, and sufficient crossings and approaches thereto, whether at grade or otherwise, across its tracks, at all points other than crossings separated in accordance with sections 4957.01 to 4957.26 and 5561.01 to 5561.15 of the Revised Code, or in accordance with sections 5523.01 to 5523.20 of the Revised Code, and other than separated crossings relocated and reconstructed, widened, reconstructed, or realigned in accordance with this section, where such tracks intersect a road or highway on the state highway system or an extension thereof.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5523 | Grade Crossings › Section 5523.20 | Grade Separation When Highway Is Adjacent to or Near a Railroad.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
When a state highway or an extension or relocation thereof is parallel, adjacent, or near to a railroad, and the director of transportation deems it necessary to separate the grades of any intersecting highway, road, or street with such highway, extension, or relocation thereof, but which separation of grades should not, in the opinion of the director, be accomplished without eliminating an adjacent grade crossing over the tracks or reconstructing an existing separated crossing over or under the tracks of the railroad on such intersecting highway, road, or street, then the director may proceed with such proposed improvement, providing federal aid highway funds are used to pay costs involved, in whole or in part, including the elimination of the grade crossing over the tracks of such railroad, or the reconstruction of such existing separated crossing over or under such tracks, paying construction costs and acquiring and paying for property and rights therein as provided for in section 5531.02 of the Revised Code. Unless otherwise agreed upon, costs of the improvements to be borne by the railroad shall not be in excess of the amount or percentage set forth in an act of congress authorizing or appropriating federal aid highway funds, or other federal funds for highway purposes, which are used to finance the cost of the improvement in whole or in part.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.011 | Complying With Federal Surface Transportation Assistance Act.

Effective:
June 29, 1999
Latest Legislation:
House Bill 86 - 123rd General Assembly
(A) The director of transportation shall award contracts pursuant to this chapter in conformity to the requirements of subsection (f) of section 105 of the federal "Surface Transportation Assistance Act of 1982," 96 Stat. 2099, 23 U.S.C.A. 105.
(B) Notwithstanding sections 153.50 to 153.52 of the Revised Code, neither the director nor any political subdivision or other public authority is required to solicit separate bids or award separate contracts for any branch of work in a contract for the construction or improvement of a road or highway funded in whole or in part by or through the department of transportation.
(C) When the director estimates that more than fifty-one per cent of the dollar amount of work to be performed in a contract is to be performed by one branch of work, the director shall designate the prime contractor for the contract from that one branch of work. This division does not apply if the director does not receive any bids from a prequalified prime contractor from that branch of work.
(D) As used in this section:
(1) "Road" or "highway" does not include physical facilities, garages, district offices, or other buildings funded in whole or in part by or through the department of transportation.
(2) "Branch of work" means any of the following:
(a) Plumbing and gas-fitting;
(b) Steam and hot-water heating, ventilating apparatus, and steam-powered plant;
(c) Electrical equipment.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.02 | Qualification and Classification of Bidders.

Effective:
March 13, 1997
Latest Legislation:
Senate Bill 287 - 121st General Assembly
Sections 5525.02 to 5525.09 of the Revised Code shall govern the qualification and classification of all bidders desiring to offer bids for the performance of contracts proposed to be awarded by the director of transportation, and all contracts attempted to be awarded to any person other than a bidder previously qualified in compliance with such sections shall be void, except that bidders submitting bids on environmental remediation and specialty projects for which there are no classes of work established by rules adopted by the director are not subject to the qualification requirements of sections 5525.02 to 5525.09 of the Revised Code. The director shall cause to be prepared the rules authorized to be made by the director, together with all printed forms for applications for qualification and statements of prospective bidders, and shall cause copies of the same to be disseminated as the director considers appropriate. All applications, statements, and other forms that applicants for qualification may be required to use shall be furnished by the director to any person on request.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.05 | Rules - Lists of Qualified Bidders.

Effective:
March 13, 1997
Latest Legislation:
Senate Bill 287 - 121st General Assembly
For the purpose of carrying into effect sections 5525.02 to 5525.09 of the Revised Code, and ensuring that the award of all contracts is made to competent and responsible bidders or the lowest and best bidders for environmental remediation and specialty work for which there are no classes of work set out in the rules adopted by the director, subject to and in accordance with Chapter 119. of the Revised Code, the director of transportation may adopt such rules as the director considers proper. The rules may cover the requirements of the department of transportation with respect to classes of work, joint ventures, subcontracting procedures, causes for revocation or nonrenewal of a certificate of qualification, establishment of a debarment process, equipment, past record and experience of applicant, personnel of organization, and any other matters the director considers necessary to enable the director to pass upon the qualifications of applicants. The director may make public lists of qualified bidders, but the lists shall not indicate the bidders' prequalification amounts.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.06 | Subcontractor Must Be Properly Qualified.

Effective:
March 13, 1997
Latest Legislation:
Senate Bill 287 - 121st General Assembly
No successful bidder shall enter into a subcontract with any other person, involving the performance of any part of any work upon which the bidder may be engaged for the department of transportation, unless the subcontractor has been properly qualified for the work sublet to the subcontractor or the subcontractor is eligible for participation without previous qualification under rules adopted by the director of transportation under section 5525.05 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.061 | Subcontract Approval.

Effective:
July 1, 1983
Latest Legislation:
House Bill 373 - 115th General Assembly
The director of transportation shall not authorize or approve any subcontract pursuant to this chapter unless the subcontract is evidenced in writing and is in conformity with all appllicable state and federal laws and regulations.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.07 | Notification of Final Action - Prequalification Review Board.

Effective:
June 30, 1997
Latest Legislation:
House Bill 210 - 122nd General Assembly
All applicants for qualification shall be promptly notified by the director of transportation of the director's final action on their applications. Any applicant, other than one who has been debarred, aggrieved by the decision of the director may file a new application at any time for qualification or, within ten days after receiving notification of such decision, the applicant may request, in writing, a reconsideration of the application by a prequalification review board, which the director shall create within the department of transportation with the request for reconsideration, the applicant shall submit additional evidence bearing on the applicant's qualifications. The review board shall consider the matter and either may adhere to or modify the director's previous decision. The review board shall act upon any request for reconsideration within fifteen days after the hearing and shall notify the applicant of the action taken. Upon being notified of the final action of the review board upon reconsideration, any applicant that is still aggrieved by the decision, within ten days after receiving notification of the decision, may take an appeal therefrom to the court of common pleas of Franklin county. The appeal shall be perfected by the filing of a bond with the clerk of the court of common pleas in an amount determined by the clerk, conditioned for payment by the appellant of the costs of the appeal in case the decision of the review board is sustained, and by causing a summons to be served upon the review board as in other civil actions involving the department. The grounds of appeal shall be fraud or abuse of discretion by the review board. The court shall hear the evidence offered by the appellant and by the review board, and if it finds there was neither fraud nor abuse of discretion, it shall dismiss the appeal; otherwise it may make the order with respect to qualification which it finds should have been made by the review board.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.08 | Disposition of Bids of Unqualified Bidders - Nonresponsive Bids.

Effective:
March 13, 1997
Latest Legislation:
Senate Bill 287 - 121st General Assembly
Except as otherwise provided in this section, the director of transportation shall not consider any bid filed with the director by any person who has not been qualified to bid. Bids from unqualified bidders discovered by the director prior to the reading thereof to be from such persons shall be returned without being read. If the director finds, subsequent to the opening of bids, that facts exist that would disqualify the lowest bidder, or that such bidder either is not competent and responsible or has submitted a nonresponsive bid, the director shall reject such bid, despite the fact of prior qualification of such bidder. No contract shall be awarded to any bidder not qualified to bid thereon at the time fixed for receiving bids, except that the director may award contracts for environmental remediation and specialty work not set out in the director's rules governing classes of work to bidders that are not qualified under sections 5525.02 to 5525.09 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.09 | False Statement With Respect to Financial Worth.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
No applicant for qualification shall knowingly make a false statement with respect to his financial worth in any application for qualification, financial statement, or other written instrument filed by him with the department of transportation, pursuant to sections 5525.02 to 5525.09 of the Revised Code, or the rules and regulations adopted pursuant thereto. Whoever violates this section shall be disqualified from submitting bids on contracts advertised for letting by the department of transportation for the period of two years following the date of his conviction.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.10 | Contracts Not to Be Awarded for More Than Cost Plus Five per Cent.

Effective:
June 29, 2005
Latest Legislation:
House Bill 68 - 126th General Assembly
Except as provided in section 5525.15 of the Revised Code, no contract for any road improvement shall be awarded for a greater sum than the estimated cost thereof plus five per cent. The bids received for an improvement shall be opened at the time and place stated in the notice and the bids shall conform to such other requirements as the director of transportation prescribes. If no acceptable bid is made the director may readvertise the work at the original estimate or amend the estimate and again proceed to advertise for bids. The director may contract for the construction or improvement of bridges and culverts or the grading required in connection with an improvement and may defer making contracts for the remainder of said improvement until such grade has become stable and solid.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.11 | Contract Upon a Unit Price Basis.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
The director of transportation may enter into any contract authorized by law upon a unit price basis. Where a contract is entered into upon a unit price basis, the contractor shall state in his bid the sum for which he offers to perform each unit of each different kind or class of work, and upon completion the quantities of each kind of work shall be measured and the contractor paid only for the quantities of work actually performed by him. Where the director elects to enter into a contract upon a unit price basis he may include in the estimate such reasonable sums as he deems necessary to cover variations in the actual quantities of work as compared with the estimated quantities. In the event the actual compensation earned by the contractor exceeds the estimate, any such excess shall be paid from any funds of the department of transportation which may be expended upon the improvement in question. In the event the actual compensation earned by the contractor is less than the estimate, the saving shall inure to the benefit of the state.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.12 | Lumber Deemed Material.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Lumber in highway work shall be deemed material within the meaning of sections 153.54, 1311.26, and 5525.16 of the Revised Code when it actually becomes part of the structure or improvement in which it is used, or when it is used as form material.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.13 | Limitation of Surety Bond and Insurance.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
Where surety bond is accepted from a surety company by the director of transportation on a contract it shall not be for more than ten per cent of the company's capital and surplus, unless the amount in excess of ten per cent is fully reinsured in some surety company that is authorized to transact business in this state.
The director may limit the total amount of insurance in force at any one time in any one company.
In the event of the insolvency of any surety, at any time prior to the completion of a contract, the director may require the contractor to furnish forthwith a new bond covering the uncompleted portion of the work.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.14 | Written Change Orders or Orders for Extra Work.

Effective:
April 5, 2001
Latest Legislation:
Senate Bill 295 - 123rd General Assembly
(A) Notwithstanding sections 125.01 to 125.11 of the Revised Code, the director of transportation, by written instruction to the contractor, may increase the quantities of any item specified or not specified in a competitively bid construction contract but, except as provided in division (B) of this section, the additional cost incurred by the increase shall not exceed the lesser of one hundred thousand dollars or five per cent of the total contract price. Any such provision for increased quantities or extra work shall be made in the form of a written change to the original contract and does not require competitive bidding.
(B) The one hundred thousand dollar or five per cent restriction in division (A) of this section does not apply to change orders or extra work contracts when the total dollar amount of the increase is twenty-five thousand dollars or less or to change orders or extra work contracts resulting from any of the following:
(1) An increase in the plan quantity that is determined during the final measurement of an item of work.
(2) Federally mandated requirements that did not exist at the time of the original contract award.
(3) Circumstances that would create a life-, safety-, or health-threatening situation or would unduly delay the completion of a project and increase its costs, but only if the director makes a finding of such fact, declares an emergency, and issues the finding. Extra work that the director contracts for in these circumstances may include not only construction needed to complete a project, but also adjustments needed to meet changed conditions, alterations in original plans, unforeseen contingencies, or payments necessitated by contract terminations or suspensions.
All change orders or extra work contracts set forth in division (B) of this section shall be reported to the controlling board quarterly in writing.
(C) The director, by written instruction to the contractor, may decrease or cancel the quantity of any item specified in a contract or portion of a contract and authorize payment to the contractor for reasonable costs incurred to date.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.15 | Cost Estimates May Be Confidential.

Effective:
June 29, 2011
Latest Legislation:
House Bill 114 - 129th General Assembly
The director of transportation may provide that prior to the bid opening, the official engineer's estimate of cost of any project to be constructed by the department of transportation shall be confidential information. After the bid opening, only the total official engineer's estimate of cost may be published.
The unit price components and the estimate of cost of any particular item of work involved therein shall be kept and regarded by the director and all the director's subordinates as confidential, and are not public records for purposes of section 149.43 of the Revised Code. This section does not prohibit the department from furnishing unit price components and the estimate of cost for any particular item of work involved therein to the federal government, counties, municipal corporations, or other local political subdivisions or to railroad or railway companies proposing to pay any portion of the cost of an improvement. Planning estimates are those estimates created for management of the capital program of the department and are public records for purposes of section 149.43 of the Revised Code.
Section 5525.10 of the Revised Code, which provides that no contract for any improvement shall be awarded for a greater sum than the estimated cost thereof plus five per cent, does not apply in the case of any project with respect to which the authority conferred by this section is exercised. In cases in which the authority conferred by this section is exercised and in which the bid of the successful bidder exceeds the estimate, the director, before entering into a contract, shall determine that the bid of the successful bidder is fair and reasonable, and as long as the federal government imposes regulation on prices charged for construction service, shall require the successful bidder to certify that the bidder's bid does not exceed the maximum permitted by such federal regulation.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.18 | Contract With Foreign Corporation.

Effective:
November 3, 1989
Latest Legislation:
House Bill 222 - 118th General Assembly
No contract shall be entered into by the director of transportation, if the bidder awarded the contract is a foreign corporation, until the secretary of state has certified that the corporation is authorized to do business in this state, and, if the bidder awarded the contract is a person or partnership nonresident of the state, until the person or partnership has filed with the secretary of state a power of attorney designating the secretary of state as its agent for the purpose of accepting service of summons in any action brought in this state against the person, firm, or corporation relating to the contract, or under the highway laws or under Chapter 4123. of the Revised Code. No estimate shall be paid to any contractor by the director until the administrator of workers' compensation has certified that the contractor has complied with every condition of Chapter 4123. of the Revised Code, and all acts amendatory thereof and supplementary thereto. The certificate of compliance shall be valid for fifteen days following the period for which the employer has paid an advance premium, and shall warrant and require the payment of all estimates dated during the fifteen-day period, other than final estimates, unless the certificate is revoked by the administrator. Upon the request of any contractor upon state highway work, or person, firm, or corporation intending to engage in contracting upon such work, the administrator, upon the receipt of any premium due, shall forward the certificate to the director.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.19 | Payment of Costs.

Effective:
September 16, 1998
Latest Legislation:
Senate Bill 229 - 122nd General Assembly
Payment for the cost of the establishment, construction, reconstruction, improvement, maintenance, and repair of a highway under Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the Revised Code shall be made at intervals of not less than once a month as the work progresses, upon estimates made by the district deputy director of transportation in charge of the improvement and upon approval of the director of transportation. When an estimate is allowed on account of material delivered on the site of the work or in the vicinity thereof, but not yet incorporated therein, the material shall become the property of the state, but if the material is stolen, destroyed, or damaged by casualty before being used, or for any reason becomes unfit for use, the contractor shall replace the material at the contractor's own expense.
In addition to the estimates provided for by law, the director, under such conditions as the director prescribes, may allow and pay to a contractor a sum not exceeding the value of the material delivered by the contractor and safely stored at an approved site. When such estimate is allowed, the material on which it is allowed shall become the property of the state, but in case the material is stolen, destroyed, or damaged by casualty before being used, or for any reason becomes unfit for use, the contractor shall replace the material at the contractor's expense. A contractor may insure against loss or damage by fire or otherwise all materials on which estimates have been allowed.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.20 | Incentive and Disincentive Contract Provisions.

Effective:
June 30, 2003
Latest Legislation:
House Bill 87 - 125th General Assembly
(A) Subject to division (B) of this section, the director of transportation may include incentive and disincentive provisions in contracts the director executes for projects or portions or phases of projects that involve any of the following:
(1) A major bridge out of service;
(2) A lengthy detour;
(3) Excessive disruption to traffic;
(4) A significant impact on public safety;
(5) A link that completes a segment of a highway.
(B) No such provisions shall be included in any particular contract without the prior consent of the municipal corporation, or, if outside a municipal corporation and off the state highway system, the prior consent of the board of county commissioners of the county, in which the bridge, detour, disruption, impact, or link will be located or occur.
(C) If the director decides to include incentive and disincentive provisions in such contracts, the director shall make those provisions part of the bid proposal issued by the director pursuant to this chapter and shall also adopt rules, in accordance with Chapter 119. of the Revised Code, governing the formulation and use of those provisions. The rules shall be equivalent in scope, content, and coverage to the regulations the federal highway administrator issues concerning the use of such provisions in state contracts.
As used in this section, "incentive and disincentive provisions" means provisions under which the contractor would be compensated a certain amount of money for each day specified critical work is completed ahead of schedule or under which the contractor would be assessed a deduction for each day the specified critical work is completed behind schedule. The director also may elect to compensate the contractor in the form of a lump sum incentive for completing critical work ahead of schedule.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.21 | Authorizing Minimal Amount of Foreign Steel Products in Bridge Projects.

Effective:
July 20, 1992
Latest Legislation:
House Bill 535 - 119th General Assembly
In conjunction with the requirements of section 153.011 of the Revised Code, the director of transportation may, in connection with any bridge project for which a contract has been entered into, authorize in writing the use of a minimal amount of foreign steel products if either of the following is true:
(A) The cost for each contract item used does not exceed one-tenth of one per cent of the total contract cost, or two thousand five hundred dollars, whichever is greater. For the purposes of this section, the cost is the value of the steel product as delivered to the project.
(B) The director determines that specified steel materials are not produced in the United States in sufficient quantity or otherwise are not reasonably available to meet contract requirements.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.22 | Demolition Contracts.

Effective:
June 30, 1995
Latest Legislation:
House Bill 107 - 121st General Assembly
For contracts for projects that involve the demolition of property for a right-of-way, the director of transportation shall include in the contract adequate provision for liquidated damages and a requirement that the contractor inform the department of the method for disposal of demolition debris prior to the start of work.
Last updated April 21, 2022 at 3:42 PM
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.23 | Binding Dispute Resolution for Contract Controversies.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
(A) The director of transportation may include in any construction contract a provision authorizing a binding dispute resolution method for any controversy subsequently arising out of the contract. The binding dispute resolution method may proceed only upon agreement of all parties to the controversy. If all parties do not agree to proceed to binding dispute resolution, a party having a claim against the department of transportation shall exhaust its administrative remedies specified in the construction contract prior to filing any action against the department in the court of claims.
No appeal from the determination of a technical expert lies to any court, except that the court of common pleas of Franklin county may issue an order vacating such a determination upon the application of any party to the binding dispute resolution if any of the following applies:
(1) The determination was procured by corruption, fraud, or undue means.
(2) There was evident partiality or corruption on the part of the technical expert.
(3) The technical expert was guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights of any party have been prejudiced.
(B) The director, not later than the first day of February of every year, shall provide the governor, the attorney general, the president of the senate, and the speaker of the house of representatives with a written list detailing the claims resolved in the manner provided by division (A) of this section during the preceding calendar year.
(C) As used in this section, "binding dispute resolution" means a binding determination after review by a technical expert of all relevant items, which may include documents, and by interviewing appropriate personnel and visiting the project site involved in the controversy. "Binding dispute resolution" does not involve representation by legal counsel or advocacy by any person on behalf of any party to the controversy.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.25 | Warranty Specifications in Bidding Documents.

Effective:
June 29, 2005
Latest Legislation:
House Bill 68 - 126th General Assembly
(A) For each fiscal year, not more than one-fifth of the department of transportation's capital construction projects shall be bid requiring a warranty as specified in the bidding documents and in division (B) of this section.
(B) A warranty period under this section shall be:
(1) Not more than seven years, for pavement in the case of new construction;
(2) Not more than five years, in the case of bridge painting and pavement resurfacing and rehabilitation;
(3) Not more than two years, in the case of pavement preventative maintenance, pavement markings, raised pavement markers, guardrail, and other project items as determined by the director.
This section does not apply to contracts the director makes on behalf of a political subdivision.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5525 | Construction Contracts › Section 5525.99 | Penalty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Whoever violates sections 5525.02 to 5525.09, inclusive, of the Revised Code, shall be fined not less than one hundred nor more than five hundred dollars.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5526 | Contracts for Professional Services › Section 5526.02 | Contracts for Professional Services.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
Notwithstanding Chapter 125. and sections 153.65 to 153.71 of the Revised Code, the director of transportation may employ or enter into contracts with any qualified firm for professional services in accordance with this chapter.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5526 | Contracts for Professional Services › Section 5526.03 | Notice of Intent to Enter Into Contract for Professional Services.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
The director of transportation shall issue public notice of the intent of the department of transportation to enter into a contract for professional services. The director shall advertise the public notice via the internet or by other means to ensure that qualified firms are notified and given the opportunity to be considered for the award of the contract. The director may include more than one contract in a single public notice. The director may limit the number of contracts to which a firm may respond for the purpose of ensuring quality in the performance of those contracts.
A public notice issued under this section shall be issued in a uniform and consistent manner, shall be issued sufficiently in advance of the time that responses must be received, and shall do both of the following:
(A) Include a general description of the project, a statement of the specific professional services required, and a description of the qualifications required for the project;
(B) Describe the procedures by which firms may submit statements of qualifications in order to be considered for a contract.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5526 | Contracts for Professional Services › Section 5526.04 | Prequalification Requirements for Firms Seeking to Provide Professional Services.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
The director of transportation may institute prequalification requirements for firms seeking to provide professional services and may require that each prequalified firm maintain a current statement of qualifications with the department of transportation. The prequalification requirements shall be based on the factors set forth in division (D) of section 5526.01 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5526 | Contracts for Professional Services › Section 5526.06 | Contracts for Professional Services Rules.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
(A) The director of transportation may adopt, amend, or rescind rules in accordance with Chapter 119. of the Revised Code for the purpose of implementing sections 5526.02 to 5526.05 of the Revised Code.
(B) Sections 5526.02 to 5526.05 of the Revised Code do not apply to any of the following:
(1) A project with an estimated cost of less than fifty thousand dollars;
(2) A project that is determined by the director to be an emergency requiring immediate action under section 5526.08 of the Revised Code. When contracting for professional services for the purpose of addressing the emergency, the director shall comply with that section.
(3) A project requiring special expertise where there exist fewer than three qualified firms.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5526 | Contracts for Professional Services › Section 5526.07 | Professional Liability Insurance Policy.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
(A) Except for any firm providing professional services that relate to research or training, right-of-way acquisition services, or services to assist the department of transportation in the administration of contract claims, a firm that renders professional services to the department, during the period of the performance of professional services for the department and for any other period of time specified in a contract with the department, shall have and maintain, or be covered by, 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 services rendered. The insurance shall be in an amount considered sufficient by the director of transportation.
(B) The requirement to have or be covered by professional liability insurance under division (A) of this section may be waived by the director for good cause.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5526 | Contracts for Professional Services › Section 5526.08 | Emergency Declaration.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
The director of transportation may declare an emergency if circumstances exist that threaten life, safety, or health or if a situation arises that would greatly increase the costs of a project if not addressed. The director shall declare an emergency by preparing a written statement of the circumstances that exist that warrant the declaration. Notwithstanding section 127.16 of the Revised Code, the director may then select a firm with appropriate qualifications and negotiate a contract for the immediate performance of emergency professional services. Not later than thirty days after the professional services have been performed, the director shall submit a written report to the controlling board indicating the amount of the emergency contract, the services performed by the firm, and the circumstances giving rise to the emergency.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5527 | State Highway Construction Fund › Section 5527.02 | Use of Funds From Registration of Automobiles.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
Funds derived by the department of transportation from the registration of automobiles shall be used for the reconstruction, widening, repairing, resurfacing, and maintaining of the state highway system.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5527 | State Highway Construction Fund › Section 5527.03 | Use of Funds for Lighting and Safety Purposes.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
Funds derived from the state's share of the motor vehicle fuel taxes and the highway use tax may be used areas, and elsewhere on state highways where in the discretion by the director of transportation for the purpose of lighting limited access interchanges, roadway parks and rest of the director lighting is needed for informational purposes or to alert the traveling public of unusual roadway hazards.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5528 | State Highway Bonds › Section 5528.11 | Issuing Notes in Anticipation of Bonds.

Effective:
December 2, 1964
Latest Legislation:
House Bill 9 - 105th General Assembly
The phrase "other obligations" as used in section 5528.10 and this section of the Revised Code includes notes issued in anticipation of the issuance of bonds, which notes may be renewed from time to time, and which renewal notes and bonds issued to fund other obligations, shall not be charged against the aggregate amount of indebtedness which can be incurred under authority of Section 2g of Article VIII, Ohio Constitution.
If notes are issued in anticipation of bonds the commissioners of the sinking fund shall issue bonds to retire such notes at their maturity unless the commissioners have provided for such retirement from the proceeds of renewal notes issued in anticipation of bonds, or moneys to be available on the maturity date in the highway improvement bond retirement fund created by section 5528.12 of the Revised Code, or both.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5528 | State Highway Bonds › Section 5528.12 | Highway Improvement Bond Retirement Fund.

Effective:
December 2, 1964
Latest Legislation:
House Bill 9 - 105th General Assembly
There is hereby created in the state treasury a fund to be known as the "highway improvement bond retirement fund." Moneys to the credit of said fund shall be expended for the purpose of paying interest, principal, and charges for the issuance and retirement of bonds and other obligations issued pursuant to Section 2g of Article VIII, Ohio Constitution and sections 5528.10 and 5528.11 of the Revised Code.
All moneys credited to such fund are hereby pledged and appropriated to meet payments of interest, principal, and charges for the issuance and retirement of bonds and other obligations issued pursuant to Section 2g of Article VIII, Ohio Constitution and sections 5528.10 and 5528.11 of the Revised Code upon the order of the commissioners of the sinking fund.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5528 | State Highway Bonds › Section 5528.13 | Investing Excess Moneys of Highway Improvement Bond Retirement Fund.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
The commissioners of the sinking fund may invest any moneys to the credit of the highway improvement bond retirement fund created by section 5528.12 of the Revised Code, in excess of the total amount of moneys necessary to meet in full all payments of interest, principal, and charges on outstanding bonds and other obligations issued pursuant to Section 2g of Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised Code, due and payable during the current calendar year, in bonds, notes, certificates of indebtedness, treasury bills, or other securities, issued by and constituting direct obligations of the United States of America, or discount notes of the federal national mortgage associations; provided, that only such obligations as will mature or are redeemable at the option of the holder within two years from the date of purchase shall be eligible securities for such investments. All investment earnings of the fund shall be credited to the fund.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5528 | State Highway Bonds › Section 5528.14 | Certifying Moneys Needed to Meet All Bond Payments for Year.

Effective:
December 2, 1964
Latest Legislation:
House Bill 9 - 105th General Assembly
The commissioners of the sinking fund shall on or before the fifteenth day of January of each calendar year, certify to the treasurer of state the total amount of moneys required, during the current calendar year, to meet in full all payments of interest, principal, and charges due and payable in that calendar year for the retirement of bonds and other obligations after deducting from such total amount the principal of notes which the commissioners of the sinking fund certify will be paid from the proceeds of bonds or renewal notes, issued pursuant to Section 2g of Article VIII, Ohio Constitution and sections 5528.10 and 5528.11 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5528 | State Highway Bonds › Section 5528.15 | Certifying Sufficient Moneys to Meet Bond Payments for Year for Highway Improvement Bond Retirement Fund.

Effective:
December 2, 1964
Latest Legislation:
House Bill 9 - 105th General Assembly
When the moneys to the credit of the highway improvement bond retirement fund, created by section 5528.12 of the Revised Code, are sufficient to meet in full all payments of interest, principal, and charges for the retirement of bonds and other obligations issued pursuant to Section 2g of Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised Code, due and payable during the current calendar year, except the principal of notes which the commissioners of the sinking fund certify will be retired by the issuance of bonds or renewal notes, the commissioners of the sinking fund shall certify such fact to the treasurer of state.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5528 | State Highway Bonds › Section 5528.16 | Insufficient Moneys in Highway Improvement Bond Retirement Fund.

Effective:
November 23, 1977
Latest Legislation:
Senate Bill 221 - 112th General Assembly
In the event the moneys to the credit of the highway improvement bond retirement fund created by section 5528.12 of the Revised Code are insufficient to meet in full all payments of interest, principal, and charges for the retirement of bonds and other obligations issued pursuant to Section 2g, Article VIII, Ohio Constitution and sections 5528.10 and 5528.11 of the Revised Code due and payable during the current calendar year, except the principal of notes which the commissioners of the sinking fund certify will be retired by the issuance of bonds or renewal notes, the commissioners of the sinking fund may on or before the fifteenth day of January of any such year or any time or times during such calendar year but shall in any event within ten days prior to the time any such payments are due certify to the treasurer of state the total amount of such payments, the amount of moneys to the credit of the highway improvement bond retirement fund created by section 5528.12 of the Revised Code, and the amount of additional money necessary to be credited to such bond retirement fund to meet in full the payment of such interest, principal, or charges when due.
Upon the receipt of such certification, or if on presentation for payment when due of either principal or interest on the bonds or other obligations issued pursuant to Section 2g of Article VIII, Ohio Constitution, there be insufficient moneys for payment of such principal and interest, the treasurer of state shall transfer the amount required as the additional moneys necessary to meet in full all payments of interest, principal, and charges for the retirement of bonds and other obligations issued pursuant to Section 2g of Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised Code to the highway improvement bond retirement fund created by section 5528.12 of the Revised Code from the undistributed revenues derived from fees, excise, or license taxes, levied by the state, relating to registration, operation, or use of vehicles on public highways, or to fuels used for propelling such vehicles.