reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-3 - Bidding and Contracting › Section 5501:2-3-04 - Work types

Current through all regulations passed and filed through July 1, 2024
The director shall publish a list of work types for which
				bidders who desire to become qualified contractors pursuant to sections
				5525.02 to
				5525.09 of the Revised Code may
				make application. In order to receive a particular work type designation,
				applicants must complete the application for qualification in accordance with
				rule
				5501:2-3-02
				of the Administrative Code and submit adequate information in support of their
				request for particular work types. The information must contain verifiable
				resumes of currently employed persons who have the requisite experience as set
				out in the minimum skills of the application for qualification.
The director may amend at anytime the list of work types in
				order to remain current with technological advances, innovations in
				construction techniques and for other sound administrative reasons.
Five Year Review (FYR) Dates:
				08/19/2015 and
				08/19/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.05
Rule
				Amplifies: 5525.01,
				5525.02,
				5525.03,
				5525.04,
				5525.05,
				5525.06,
				5525.07,
				5525.08,
				5525.09
Prior
				Effective Dates: 1/15/64, 1/1/98, 7/1/02,
				3/19/10
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-3 - Bidding and Contracting › Section 5501:2-3-05 - Certificate of qualification

Current through all regulations passed and filed through July 1, 2024
A certificate of qualification shall be valid for one year or
				less, unless revoked by the director in accordance with sections
				5525.03 and
				5525.07 of the Revised Code and
				the rules promulgated pursuant thereto, provided that the applicant's financial
				statement is not more than one year and five months beyond the last day of an
				applicant's fiscal year.
The certificate shall set out the bidder's dollar bidding
				capacity and the work types for which the bidder is qualified on the basis of
				its submitted financial documents, previous performance for the department and
				general work experience. The bidder may only bid on contracts for which it has
				dollar bidding capacity for one hundred per cent of its bid at the time of
				submittal. The dollar amount of all pending work shall be subtracted from the
				bidder's dollar bidding capacity at the time of bidding by the department to
				determine whether the bidder has dollar bidding capacity at least equal to one
				hundred per cent of its bid.
A bidder must possess work types, and perform work, equal to at
				least fifty per cent of the total amount of the submitted bid price. The
				director may, by insertion of a contract provision, reduce the fifty per cent
				amount.
Bidders without any prior work experience with the department
				shall be granted a multiplying factor of eight
								 in order to establish a dollar bidding
				capacity on their certificates. In the event a bidder bids with the department
				as a prime contractor or is selected to perform work as a subcontractor, all
				pending work of the bidder will be assessed against the dollar amount set out
				in its certificate.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-3 - Bidding and Contracting › Section 5501:2-3-06 - Joint venture bids

Current through all regulations passed and filed through July 1, 2024
(A) When two or more persons, partnerships,
			 limited liability companies or corporations bid jointly on a project, such bid
			 is a "joint venture bid."
(B)
			 Joint venture bidders must complete a joint venture application for
			 qualification not less than five days before bids are opened if all joint
			 venture partners hold certificates as individuals or not less than thirty days
			 before bids are opened if a joint venture partner does not hold a certificate.
			 Joint venture bidders may make application to receive a joint venture
			 certificate of qualification and may use the joint venture certificate of
			 qualification for a period of time not to exceed the expiration date of any
			 joint venture partner. All joint venture applications must be in writing on
			 such forms as may be prescribed by the director, must be signed by all joint
			 venture partners, and must include the following information:
(1) The name of an individual who shall have
			 power of attorney to act for and bind all of the joint venture partners, which
			 power of attorney shall be filed with the signed contract; and
(2) The mailing address and street address of
			 the joint venture.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-3 - Bidding and Contracting › Section 5501:2-3-07 - Contracting procedure-foreign contractors

Current through all regulations passed and filed through July 1, 2024
(A) Foreign corporations-section
			 5525.18 of the Revised Code
			 provides that the director of transportation shall not enter into a contract
			 with a foreign corporation until the Ohio secretary of state has certified that
			 such corporation is authorized to do business in Ohio. Therefore, a copy of
			 such certificate must accompany the application of qualification. A certificate
			 of qualification shall not be issued until the certification from the secretary
			 of state is furnished.
(B)
			 Non-resident partnership or proprietorship-section
			 5525.18 of the Revised Code
			 provides that the director of transportation shall not enter into a contract
			 with a person or partnership non-resident of the state until such person or
			 partnership has filed with the secretary of state a power of attorney
			 designating the secretary of state as his/their agent for the purpose of
			 accepting service of summons in any action brought in this state against such
			 person or partnership. A copy of such power of attorney must be submitted with
			 the application for qualification and a certificate of qualification shall not
			 be issued until it is furnished.
Five Year Review (FYR) Dates:
				08/19/2015 and
				08/19/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.05
Rule
				Amplifies: 5525.01,
				5525.02,
				5525.03,
				5525.04,
				5525.05,
				5525.06,
				5525.07,
				5525.08,
				5525.09
Prior
				Effective Dates: 1/15/64, 1/1/98, 7/1/02,
				3/19/10
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-3 - Bidding and Contracting › Section 5501:2-3-08 - Subcontracting procedure

Current through all regulations passed and filed through July 1, 2024
(A) All subcontractors shall obtain a
			 certificate of qualification as required by section
			 5525.06 of the Revised Code,
			 except for the following:
(1) Subcontractors
			 who will perform less than one million dollars of subcontractor work on
			 construction projects let by the department in a calendar year and who obtain
			 approval from the director to perform the subcontractor work; or
(2) Subcontractors working on a project that
			 does not contain any work types.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-3 - Bidding and Contracting › Section 5501:2-3-09 - Prequalification review board

Current through all regulations passed and filed through July 1, 2024
(A) In accordance with section
			 5525.07 of the Revised Code, the
			 director shall create a prequalification review board, hereinafter referred to
			 as the board. The board shall be comprised of three senior department employees
			 who are familiar with the department's application for qualification process
			 and the contractor evaluation process but who do not exercise daily control
			 over either process.
(B) The board
			 shall hear appeals from applicants and contractors for denials of requested
			 work types, disagreements over dollar bidding capacity amounts and disputed
			 performance evaluations. This board has no authority to hear appeals for
			 revocation of an application for qualification and the debarment of a
			 contractor or an individual.
(C)
			 Within ten days upon receipt of the director's decision regarding the
			 applicant's application for qualification or the receipt of a performance
			 evaluation, other than an action involving revocation and debarment, the
			 applicant or contractor may request in writing a reconsideration of the
			 application or the performance evaluation by the director's prequalification
			 review board. The applicant or contractor shall submit additional evidence
			 bearing on the applicant's qualifications or performance of the work and
			 request either a hearing or a review of the submitted documents.
(D) When an appeal has been filed and a
			 review has been requested, the board shall review the submitted documents in a
			 timely manner and issue its decision within fifteen days of its deliberations.
			 In the event a hearing is requested the board shall schedule an informal
			 hearing in a timely manner at which time the applicant or contractor shall have
			 an opportunity to present its case. The department may have representatives at
			 the hearing offering evidence in rebuttal. The board shall consider the
			 evidence and issue its decision within fifteen days of the hearing.
(E) The appellant may appeal the decision of
			 the board to the court of common pleas in Franklin county within ten days upon
			 receipt of the board's decision.
Five Year Review (FYR) Dates:
				08/19/2015 and
				08/19/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.05
Rule
				Amplifies: 5525.01,
				5525.02,
				5525.03,
				5525.04,
				5525.05,
				5525.06,
				5525.07,
				5525.08,
				5525.09
Prior
				Effective Dates: 1/15/64, 1/1/98, 7/1/02,
				3/19/10
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-4 - Rest Areas and Roadside Parks › Section 5501:2-4-01 - Control and use of rest areas and roadside parks

Current through all regulations passed and filed through July 1, 2024
(A)
(1) The
			 state highway patrol shall have full authority to enforce this rule and all
			 state laws within the rest areas as well as on the highway.
(2) All transportation department facilities
			 employees shall be familiar with this rule, advise violators of the same, and,
			 if necessary, immediately contact the nearest state highway patrolman and
			 request assistance.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-5 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 › Section 5501:2-5-01 - General provisions

Current through all regulations passed and filed through July 1, 2024
(A) General: The purpose of rules 5501:2-5-01
			 to
			 5501:2-5-06
			 of the Administrative Code is to amplify sections
			 163.51 to
			 163.63 of the Revised Code and
			 to implement the Uniform Relocation Assistance and Real Property Acquisition
			 Policies Act of 1970, as amended at the time of the effective date of this rule
			 ( 42
			 U.S.C. 4601 et seq.), in accordance with the
			 following objectives:
(1) To ensure that
			 owners of real property to be acquired for projects are treated fairly and
			 consistently, to encourage and expedite acquisition by agreements with such
			 owners, to minimize litigation and relieve congestion in the courts, and to
			 promote public confidence in land acquisition programs;
(2) To ensure that persons displaced as a
			 direct result of federally assisted projects and state highway projects are
			 treated fairly, consistently, and equitably and receive relocation assistance
			 benefits so that such persons will not suffer disproportionate injuries as a
			 result of projects designed for the benefit of the public as a whole;
			 and
(3) To ensure that agencies
			 implement rules 5501:2-5-01 to
			 5501:2-5-06
			 of the Administrative Code in a manner that is efficient and cost
			 effective.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-5 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 › Section 5501:2-5-02 - General relocation requirements

Current through all regulations passed and filed through July 1, 2024
(A) Purpose: this rule prescribes general
			 requirements governing the provision of relocation payments and other
			 relocation assistance.
(B)
			 Applicability: these requirements apply to the relocation of any displaced
			 person as defined in paragraph (B)(9) of rule
			 5501:2-5-01 of
			 the Administrative Code. Any person who qualifies as a displaced person must be
			 fully informed of his or her rights and entitlements to relocation assistance
			 and payments provided by Chapter 163. of the Revised Code and this
			 rule.
(C) Relocation notices
(1) General information notice: as soon as
			 feasible, a person scheduled to be displaced shall be furnished with a general
			 written description of the displacing agency's relocation program which does at
			 least the following:
(a) Informs the person
			 that he or she may be displaced for the project and generally describes the
			 relocation payment(s) for which the person may be eligible, the basic
			 conditions of eligibility, and the procedures for obtaining the
			 payment(s).
(b) Informs the person
			 that he or she will be given reasonable relocation advisory services, including
			 referrals to replacement properties, help in filing payment claims, and other
			 necessary assistance to help the person successfully relocate.
(c) Informs the displaced person that he or
			 she will not be required to move without at least ninety days' advance written
			 notice (see paragraph (C)(3) of this rule) and informs any person to be
			 displaced from a dwelling that he or she cannot be required to move permanently
			 unless at least one comparable replacement dwelling has been made
			 available.
(d) Informs the
			 displaced person that any person who is an alien not lawfully present in the
			 United States is ineligible for relocation advisory services and relocation
			 payments, unless such ineligibility would result in exceptional and extremely
			 unusual hardship to a qualifying spouse, parent, or child, as defined in
			 paragraph (H) of this rule; and
(e)
			 Describes the person's right to appeal the agency's determination in accordance
			 with paragraph (J) of rule
			 5501:2-5-01 of
			 the Administrative Code.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-5 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 › Section 5501:2-5-03 - Payments for moving and related expenses

Current through all regulations passed and filed through July 1, 2024
(A) Payment for actual reasonable moving and
			 related expenses.
(1) General
(a) Any owner-occupant or tenant who
			 qualifies as a displaced person (defined in paragraph (B)(9) of rule
			 5501:2-5-01 of
			 the Administrative Code) and who moves from a dwelling (including a mobile
			 home) or who moves from a business, farm or nonprofit organization is entitled
			 to payment of his or her actual moving and related expenses, as the agency
			 determines to be reasonable and necessary.
(b) A non-occupant owner of a rented mobile
			 home is eligible for actual cost reimbursement under paragraph (A) of this rule
			 to relocate the mobile home. If the mobile home is not acquired as real estate,
			 but the homeowner-occupant obtains a replacement housing payment under one of
			 the circumstances described in paragraph (C)(1)(c) of rule
			 5501:2-5-05 of the
			 Administrative Code, the home-owner occupant is not eligible for payment for
			 moving the mobile home, but may be eligible for a payment for moving personal
			 property from the mobile home.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-5 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 › Section 5501:2-5-04 - Replacement housing payments

Current through all regulations passed and filed through July 1, 2024
(A) Replacement housing payment for
			 
								ninety-day homeowner-occupants.
(1) Eligibility: a displaced person is
			 eligible for the replacement housing payment for a 
									ninety-day homeowner occupant if the person:
(a) Has actually owned and occupied the
			 displacement dwelling for not less than 
										ninety days immediately
			 prior to the initiation of negotiations; and
(b) Purchases and occupies a decent, safe,
			 and sanitary replacement dwelling within one year after the later of the
			 following dates (except that the agency may extend such one year period for
			 good cause):
(i) The date the person receives
			 final payment for the displacement dwelling or in the case of condemnation, the
			 date the full amount of the estimate of just compensation is deposited in the
			 court; or
(ii) The date the
			 displacing agency's obligation to have at least one comparable dwelling
			 available to the displaced person is met.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-5 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 › Section 5501:2-5-05 - Mobile homes

Current through all regulations passed and filed through July 1, 2024
(A) General: this rule describes the
			 requirements governing the provision of replacement housing payments to a
			 person displaced from a mobile home and/or mobile home site who meets the basic
			 eligibility requirements of this rule. Except as modified by this rule, such a
			 displaced person is entitled to a moving expense payment and a replacement
			 housing payment to the same extent and subject to the same requirements as
			 persons displaced from conventional dwellings. Moving cost payments to persons
			 occupying mobile homes are covered in paragraphs (A)(5)(a) to (A)(5)(j) of rule
			 5501:2-5-03
			 of the Administrative Code.
(B)
			 Partial acquisition of mobile home park: The acquisition of a portion of a
			 mobile home park property may leave a remaining part of the property that is
			 not adequate to continue the operation of the park. If the agency determines
			 that a mobile home located in the remaining part of the property must be moved
			 as a direct result of the project, the occupant of the mobile home shall be
			 considered to be a displaced person who is entitled to relocation payments and
			 other assistance under this part.
(C) Replacement housing payment for
			 
								a ninety-day mobile homeowner displaced from a
			 mobile home, and/or from the acquired mobile home site.
(1) Eligibility.
An owner-occupant displaced from a mobile home or site is
				entitled to a replacement housing payment, not to exceed
				
										thirty-one thousand  dollars, under paragraph (A) of rule
				5501:2-5-04
				of the Administrative Code if:
(a) The
			 person occupied the mobile home on the displacement site for at least
			 
										ninety days immediately before:
(i) The initiation of negotiations to acquire
			 the mobile home, if the person owned the mobile home and the mobile home is
			 real property;
(ii) The initiation
			 of negotiations to acquire the mobile home site if the mobile home is personal
			 property, but the person owns the mobile home site; or
(iii) The date of the agency's written
			 notification to the owner-occupant that the owner is determined to be displaced
			 from the mobile home as described in paragraphs (C)(1)(i) to (C)(1)(iv) of this
			 rule.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-5 - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 › Section 5501:2-5-06 - Real property acquisition

Current through all regulations passed and filed through July 1, 2024
(A) Applicability of acquisition
			 requirements:
(1) Programs and projects
			 receiving federal financial assistance. The requirements of this rule apply to
			 any acquisition of real property for programs and projects where there is
			 federal or state financial assistance in any part of project costs or any
			 acquisition of real property under Chapter 163. of the Revised Code except for
			 the acquisitions described in paragraphs (A)(1)(a) to (A)(1)(d) of this rule.
			 The relocation assistance provisions in this rule are applicable to any tenants
			 that must move as a result of an acquisition described in paragraphs (A)(1)(a)
			 to (A)(1)(d) of this rule. Such tenants are considered displaced persons. (see
			 paragraph (B)(9) of rule
			 5501:2-5-01 of
			 the Administrative Code)
(a) The requirements
			 of this rule do not apply to acquisitions that meet all of the following
			 conditions in paragraphs (A)(1)(a)(i) to (A)(1)(a)(iv) of this rule:
(i) No specific site or property needs to be
			 acquired, although the agency may limit its search for alternative sites to a
			 general geographic area. Where an agency wishes to purchase more than one site
			 within a general geographic area on this basis, all owners are to be treated
			 similarly.
(ii) The property to be
			 acquired is not part of an intended, planned, or designated project area where
			 all or substantially all of the property within the area is to be acquired
			 within specific time limits.
(iii)
			 The agency will not acquire the property if negotiations fail to result in an
			 amicable agreement, and the owner is so informed in writing.
(iv) The agency will inform the owner in
			 writing of what it believes to be the market value of the property.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-6 - Specific Service Sign Program › Section 5501:2-6-02 - Program management

Current through all regulations passed and filed through July 1, 2024
(A)
								The director of
			 the department hereby establishes a business logo sign program, a
			 tourist-oriented directional sign program and a traffic generator sign
			 program.
(B)
								If the director
			 of the department decides to operate, maintain, and/or market the business logo
			 sign program, the tourist-oriented directional sign program or the traffic
			 generator sign program through a private person or entity, the methodology for
			 selection will be based on criteria established by the director through an open
			 request for proposal process. When issued, the request for proposal will be
			 open for response for thirty days. In awarding the contract, the director will
			 consider the skill, expertise, prior experience, and other qualifications of
			 each applicant. Any such contract executed will be for such initial and renewal
			 terms as the director determines appropriate.
(C) The
			 
								department or the contracted program
			 manager shall be responsible for:
(1)
			 Marketing the program .
(2) Determining  eligibility  to participate in the program .
(3) Collecting all fees associated with the
			 program from participating businesses.
(4)
			 Paying all expenses for the program.
(5) Contacting utility companies (including
			 the department) for possible conflicts.
(6)
									Developing,
			 subject to the approval of the director, all applications for the program to
			 include all necessary information as the director needs to ensure
			 eligibility.
(7)
									Developing, subject to the approval of the director,
			 all forms, applications, agreements, and other documents necessary for carrying
			 out the program. The right-of-way permit is excluded from this provision as it
			 is an existing document utilized by the department.
(8)
									Establishing,
			 subject to the approval of the director, an application procedure for
			 interested applicants.
(9)
									Covering or otherwise obscuring seasonal
			 tourist-oriented directional signs during off-seasons.
(10)
									Determining
			 circumstances as to when the posting of hours of operation are appropriate for
			 tourist-oriented attractions.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-6 - Specific Service Sign Program › Section 5501:2-6-03 - Location eligibility, sign requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								
								No
			 tourist-oriented directions signs or trailblazer markers shall be placed at
			 interchanges on state system expressways and freeways but may be placed within
			 the rights-of-way of those portions of rural state highways that are not on the
			 interstate system and at at-grade intersections on expressways.
(1)
									If the
			 intersection crossroad is not a rural state highway, the program manager will
			 notify the appropriate governmental authority that tourist-oriented directional
			 signs will be erected directing traffic across their roadway facility. If
			 trailblazing signs are required, the program manager shall obtain consent
			 legislation or written permission from the appropriate local legislative body.
			 The form, content and any modifications or special clauses to the consent
			 legislation shall have the prior approval of the director and will not be
			 considered binding without such approval.
(2)
									If trailblazing
			 signs are required for a tourist-oriented activity and permission for erecting
			 trailblazing signs cannot be obtained from the appropriate local authorities
			 having jurisdiction, that particular activity will not be eligible for
			 tourist-oriented directional signs at that intersection.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-6 - Specific Service Sign Program › Section 5501:2-6-04 - Program eligibility

Current through all regulations passed and filed through July 1, 2024
(A) Only
			 those businesses located in Ohio that provide gas, food, lodging, camping or
			 attraction, are open to the general motoring public, are not operated on a
			 "reservation only," "membership only," or "appointment only" basis, and meet
			 the following additional criteria may be considered for the business logo sign
			 program:
(1) To qualify for a gas logo sign
			 panel, a business shall:
(a) Be located within
			 five miles driving distance of the nearest ramp terminus.
(b) Provide vehicle services to include gas,
			 and/or alternative fuel, oil and water.
(c) Be operated continuously for at least
			 sixteen hours a day, seven days a week, all weeks of the year.
(d) Have modern sanitary facilities and
			 drinking water.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-6 - Specific Service Sign Program › Section 5501:2-6-05 - Fee schedule

Current through all regulations passed and filed through July 1, 2024
(A)
								The fee schedule
			 for participation in the business logo sign program, the tourist-oriented
			 directional sign program and the traffic generator sign program shall be based
			 on all direct and indirect costs of the program and may include but is not
			 limited to the actual cost of establishing, operating, and administering the
			 program, including processing applications for right-of-way permits and
			 providing necessary services for designing, maintaining, repairing, removing,
			 replacing, and relocating signs, offseason covering, and all materials and may
			 also be reflective of the average daily traffic count. Any money collected in
			 excess of the direct and indirect costs of the program and any reasonable
			 profit earned by a program manager shall be remitted to the
			 department.
(B)
								The annual fee for participation in the business logo
			 sign program is established as follows:
Average Daily Traffic
						  (ADT)
0 to 19,999
20,000 to 49,999
50,000 to 99,999
100,000 and above
Mainline Sign and Ramp Sign per
						  Direction (Total annual cost to display one mainline and one ramp logo
						  panel)
$975
$1,150
$1,325
$1,500
(C)
								The annual fee for participation in the
			 tourist-oriented directional sign program and the traffic generator sign
			 program shall be established and made publicly available by the
			 department.
(D)
								Additional fees may be assessed for the fabrication and
			 installation of the signs, for any logo or symbol, for any trailblazing signs,
			 and for any alternate headers on tourist-oriented directional signs.
Replaces: 5501:2-6-07, 5501:2-8-05
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-7 - Incentive/Disincentive Contract › Section 5501:2-7-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
			 Incentive/disincentive clause - is a contract provision which compensates the
			 contractor a fixed amount of money for each day or
			 fraction thereof identified critical work is completed ahead of schedule
			 and assesses a deduction for each day or fraction
			 thereof the contractor overruns the time allotted for the completion of
			 identified critical work.
(B)
			 Contract time - is the total time established for the completion of all
			 contract work.
(C)
			 Incentive/disincentive time - is the time established for the completion of all
			 identified critical work. The incentive/disincentive time and contract time may
			 be the same when traffic impact exists for the full duration of the project.
			 The incentive/ disincentive time may be for a shorter period of time than the
			 contract time when traffic is impacted only during a certain
			 operation, phase or phases of
			 the
								
			 work.
(D) Incentive/disincentive
			 amount - is the fixed amount of money paid to the contractor for each day
			 or fraction thereof identified critical work is
			 completed ahead of schedule and the amount of money deducted from the contract
			 price for each day or fraction thereof the
			 contractor overruns the time allotted for the completion of identified critical
			 work.
(E) Liquidated damages - is
			 the daily amount of money established in the contract to be deducted from the
			 contract price for additional costs, other than the disincentive daily amount,
			 incurred by the department due to the contractor's failure to complete all
			 contract work on time. The contract provision shall
			 specify the applicable time unit of measurement for the
			 incentive/disincentive.
Effective: 3/29/2018
Five Year Review
				(FYR) Dates: 1/10/2018 and
				03/29/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.20
Rule
				Amplifies: 5525.20
Prior
				Effective Dates: 09/29/1989
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-7 - Incentive/Disincentive Contract › Section 5501:2-7-02 - Determination of incentive/disincentive time

Current through all regulations passed and filed through July 1, 2024
Prior to including incentive/disincentive provisions in a
				contract, the director shall conduct an engineering analysis in order to
				determine realistic critical and non-critical time frames. The time frames,
				including critically identified work phase , shall be clearly set out in the construction contract. The
				analysis should involve a review of industry past performance and a critical
				path method schedule.
Effective: 3/29/2018
Five Year Review
				(FYR) Dates: 1/10/2018 and
				03/29/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.20
Rule
				Amplifies: 5525.20
Prior
				Effective Dates: 09/29/1989,
				08/08/2006
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-7 - Incentive/Disincentive Contract › Section 5501:2-7-03 - Determination of incentive/disincentive daily amount

Current through all regulations passed and filed through July 1, 2024
Prior to including incentive/disincentive provisions in a
				contract the director shall calculate on a per project basis a daily
				or fraction thereof incentive/disincentive amount
				considering: construction engineering inspection costs, departmental traffic
				control costs and maintenance, detour and road user costs. The incentive
				 rate may equal the disincentive
				rate.
Effective: 3/29/2018
Five Year Review
				(FYR) Dates: 1/10/2018 and
				03/29/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.20
Rule
				Amplifies: 5525.20
Prior
				Effective Dates: 09/29/1989
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-7 - Incentive/Disincentive Contract › Section 5501:2-7-04 - Maximum incentive/disincentive amount

Current through all regulations passed and filed through July 1, 2024
The director shall not pay more than five per cent of the total
				contract amount in incentive payments unless he/she determines that the work is so critical that a
				higher percentage is warranted. There shall be no cap placed upon the accruing
				 disincentive amount unless expressly
				authorized by the director.
Effective: 3/29/2018
Five Year Review
				(FYR) Dates: 1/10/2018 and
				03/29/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.20
Rule
				Amplifies: 5525.20
Prior
				Effective Dates: 09/29/1989
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-7 - Incentive/Disincentive Contract › Section 5501:2-7-05 - Prebid conference

Current through all regulations passed and filed through July 1, 2024
When the director elects to include incentive/disincentive
				provisions in a contract, he/she may hold a
				prebid conference for prospective bidders and suppliers in order to advise the
				participants of the incentive/disincentive provisions.
Effective: 3/29/2018
Five Year Review
				(FYR) Dates: 1/10/2018 and
				03/29/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 5525.20
Rule
				Amplifies: 5525.20
Prior
				Effective Dates: 09/29/1989,
				08/08/2006
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-7 - Incentive/Disincentive Contract › Section 5501:2-7-06 - Contract administration

Current through all regulations passed and filed through July 1, 2024
In addition to the standard contract administration practices
				performed by the department, the director will ensure the
				following:
(A) That the contractor
			 provides an acceptable conventional critical path method schedule prior to the
			 commencement of work. The critical path method schedule
			 
								will
			 break down the project into the separate operations or processes necessary for
			 its completion. These separate operations will determine, through a network
			 analysis, a completion time for both the critical phase or phases and the
			 project. The schedule will be used for coordination and monitoring of all work
			 under the contract, including all activity of subcontractors, vendors and
			 suppliers, and will be the basic document to gauge and analyze the contractor's
			 progress, determine time adjustments and evaluate claims.
(B) That departmental review times for
			 matters pertaining to the incentive/disincentive phases be included in each
			 incentive/disincentive contract. Further, by specific delegation, he
			 
								will
			 provide the contractor with expeditious decisions on all other
			 incentive/disincentive matters.
(C)
			 That no extensions of time be granted, for delays in material deliveries unless
			 such delays are industry wide, for labor strikes unless such strikes are area
			 wide and for inclement weather unless the inclement weather is demonstrated to
			 reduce production by more than fifty per cent on an identified critical path
			 item of critical work on the approved schedule. Extensions of time for
			 incentive/disincentive phases of work may be granted for increases in bid item
			 quantities which exceed the limits set out in section
			 5525.14 of the Revised Code and
			 for work not originally contemplated by the contract, provided controlling
			 items of work on the approved schedule are affected and every effort has been
			 made by the department and the contractor to absorb the additional work into
			 the original incentive/disincentive contract schedules. Incentive/disincentive
			 clauses measured in hours will be extended by equal hours of impact
			 time.
(D) That the contractor
			 evaluates forecasted weather prior to beginning weather sensitive work for
			 incentive/disincentive clauses measured in hours and the department concurs
			 with the contractor's proposed starting time for incentive/disincentive clauses
			 measured in hours.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-10 - Traffic Fines in Construction Zone › Section 5501:2-10-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) Agency: Any of
			 the following;
(1) The Ohio department of
			 transportation
(2) Board of county
			 commissioners of any Ohio county (may act through the office of the county
			 engineer).
(3) Board of township
			 trustees of any Ohio township (may act through the office of the county
			 engineer or the township road supervisor).
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-10 - Traffic Fines in Construction Zone › Section 5501:2-10-02 - Posting of signs advising that penalties are increased within construction zones

Current through all regulations passed and filed through July 1, 2024
(A) The state department of transportation,
			 county commissioners or board of township trustees (agencies) shall authorize
			 the posting of signs indicating that traffic fines are doubled for speeding
			 within selected construction zones under their respective jurisdictions, and
			 that penalties for killing or injuring any person within those construction
			 zones are increased. This provision shall apply in any construction zone on a
			 multi-lane divided highway where the work is expected to last thirty days or
			 more, if the planned work length is at least one-half mile long, and if the
			 construction zone is stationary. The signs may be erected in any other
			 construction zone at the discretion of the director of transportation. Signs
			 may be erected for construction zones located on other highways meeting the
			 foregoing requirements if required by the agency's procedures adopted under
			 paragraph (C) of this rule or at the discretion of the director of
			 transportation.
(B) The signs,
			 sign location, and mounting shall be in accordance with the following:
(1) The sign posted shall be designed by the
			 director of transportation in accordance with the Ohio manual of uniform
			 traffic control devices. The signs should be mounted on both sides (dual) of a
			 directional roadway of a divided highway, but need only be mounted on the right
			 side of an undivided roadway or ramp.
(2) The first sign(s) shall be placed between
			 the "road work ahead" sign or other similar warning sign and the next sign in
			 the sequence. Additional signs are required for long construction zones or
			 where ramps or through streets junction within the construction project work
			 limits. Signs shall be erected on each entrance ramp, near intersections of
			 through roads to advise entering or turning traffic, and at least once every
			 two miles through the construction work limits.
(3) The signs shall be furnished, erected,
			 maintained in good condition and/or replaced as necessary and subsequently
			 removed by the entity which erects the traffic controls within the project.
			 Signs shall be mounted at the appropriate offsets and elevations as prescribed
			 by the Ohio manual of uniform traffic control devices. They shall be mounted on
			 supports meeting current safety criteria.
(4) Where construction activity affects only
			 one directional roadway of a divided highway with a barrier or wide median,
			 signs shall not be erected for traffic on the opposing directional roadway or
			 ramp.
(5) Signs shall be covered
			 or removed when a construction zone is discontinued for a period of thirty days
			 or more. Additionally the agency may require signs to be covered or removed for
			 a specific shorter period.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-12 - Veteran-friendly Business Enterprise Bid Preference › Section 5501:2-12-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this division of Administrative Code:
(A)
			 "Bid response" means all documents, whether attached or incorporated by
			 reference, supplied by the bidder in response to an invitation to
			 bid.
(B) "Bidder" means the
			 person or firm that submits a bid response to an invitation to bid.
(C)
			 "Competitive sealed proposal" means offering of proposals in response to a
			 request for proposal by a state agency for the purchase of supplies and/or
			 services.
(D) "Invitation to bid"
			 or "ITB" means all documents, whether attached or incorporated by reference,
			 utilized for soliciting bids.
(E) "Offeror" means the
			 person or firm which submits a proposal in response to a request for
			 proposal.
(F) "Products" means
			 materials, manufacturer's supplies, merchandise, goods, ware, and
			 foodstuffs.
(G) "Proposal" means
			 all documents, whether attached or incorporated by reference, supplied by the
			 offeror in response to a request for proposal.
(H) "Purchase" means to
			 buy, rent, lease, lease purchase, or otherwise acquire supplies or services and
			 includes all functions that pertain to the obtaining of supplies of services,
			 including description of requirements, selection and solicitation of sources,
			 preparation and award of contracts, all phases of contract administration, and
			 receipt and acceptance of the supplies and services and payment for them.
(I) "Request for
			 proposal" or "RFP" means all documents, whether attached or incorporated by
			 reference, utilized for soliciting proposals from offerors.
(J)
			 "Supplies" means all property, including, but not limited to, equipment,
			 materials, other tangible assets, and insurance, but excluding real property or
			 an interest in real property.
(K) "State agency" has
			 the same meaning as in section
			 1.60 of the
			 Revised Code, but does not include the elected state officers, the general
			 assembly or any legislative agency, a court or any judicial agency, or a state
			 institution of higher education.
(L)
			 "Director" or "Department" as used under rule
			 5501:2-12-02
			 of the Administrative Code, shall mean the director of the department of
			 transportation or department of transportation unless specifically referenced
			 otherwise.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-12 - Veteran-friendly Business Enterprise Bid Preference › Section 5501:2-12-02 - Implementation of veteran-friendly business enterprise bid preference for the purchase of supplies and services

Current through all regulations passed and filed through July 1, 2024
When conducting solicitations for the
				purchase of supplies and services, the department of transportation shall apply
				the preferences as set forth in rule
				123:5-1-06 of
				the Administrative Code.
Replaces: 5501:2-12-02
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-12 - Veteran-friendly Business Enterprise Bid Preference › Section 5501:2-12-03 - Implementation of veteran-friendly business enterprise bid preference on the construction of transportation facilities

Current through all regulations passed and filed through July 1, 2024
(A) Prior to the award of a contract for
			 construction of a transportation facility, the director of transportation will
			 compare the lowest bid or the most advantageous offer from the
			 non-veteran-friendly business enterprise to the lowest bid or most advantageous
			 offer from the veteran-friendly business enterprise, if any.
(B) To the extent allowed by federal law, the
			 director of transportation shall proceed with the award of the contract
			 containing the lowest bid or most advantageous offer from the veteran-friendly
			 business enterprise unless:
(1) The
			 veteran-friendly business enterprise does not meet the criteria for competency
			 or responsibility as defined by the director of transportation under Title 55
			 of the Revised Code; or
(2) The bid
			 or offer submitted by the veteran-friendly business enterprise contains an
			 excessive price. For the purposes of this rule an excessive price shall be in
			 two and one-half per cent above the lowest responsive and competent
			 bidder.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-12 - Veteran-friendly Business Enterprise Bid Preference › Section 5501:2-12-04 - Implementation of veteran-friendly business enterprise bid preference on the acquisition of professional services

Current through all regulations passed and filed through July 1, 2024
(A) Prior to the award of a contract for
			 professional services under section
			 5526.05
			 of the Revised Code, the director of transportation shall determine if a
			 qualified firm who would otherwise be eligible for contract award is a
			 veteran-friendly business enterprise. If so, the director will continue with
			 award of that contract if the director or the director's designee
			 determines that selection of a veteran-friendly business enterprise firm will
			 be most advantageous to this state. Where, otherwise, the director of
			 transportation determines that it is most advantageous to propose the award of
			 contract to other than a veteran-friendly business enterprise qualified firm,
			 the director shall propose same.
(B) This rule shall not apply to contracts
			 funded with federal funds unless prior approval of award is received from the
			 United States secretary of transportation.
Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-13 - Maritime Assistance Program › Section 5501:2-13-01 - General Provisions

Current through all regulations passed and filed through July 1, 2024
(A)
								The director has
			 determined that the Ohio Maritime Assistance Program, as described in section
			 5501.91 of the revised code,
			 shall be administered by a program manager within the
			 department.
(B)
								The director shall maintain oversight duties and
			 responsibilities. The program manager shall implement and carry out the
			 program.
(C)
								The grant recipient shall pay a matching amount of a
			 least one dollar for each Maritime Assistance Program grant dollar
			 received.
(D)
								The director will solicit potential applicants by
			 issuing a Request for Applications. The evaluation criteria used to evaluate
			 applications will be included in the Request for Applications. The Application
			 Period for the Request for Applications will be 60 days from the date of
			 posting. The program manager will notify each eligible port authority in Ohio
			 in writing of the beginning of the Application Period. The Application Period
			 start date will also be posted on the department's website. Applications shall
			 only be for the purposes listed in section
			 5501.91(D)  of
			 the revised code.
(E)
								Applicants may submit questions to the department
			 during the Application Period. All questions submitted to the department during
			 the Application Period will be made public.
(F)
								The Applicant
			 shall submit the Application in a manner prescribed by the Request for
			 Applications.
(G)
								Applications will be evaluated by a selection committe
			 that includes:
(1)
									Three representatives from the
			 department;
(2)
									One representative from JobsOhio; and,
(3)
									One
			 representative from the Ohio Rail Development Commission