Ohio Admin. Code 153:1-2-02 - Form of design-build contract documents

(A) The state and state institutions of higher education as defined in section 3345.011 of the Revised Code, shall use the contract forms developed by the office of the state architect in the department of administrative services Ohio facilities construction commission and found on the following website under standard requirements for public facility construction: http://das.ohio.gov/Divisions/GeneralServices/StateArchitectsOffice/ListofStandard RequirementsDocuments.aspx. design-build: http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx.
(B) All other public authorities as defined in division (A)(1) of section 153.65 of the Revised Code, excluding the Ohio turnpike commission, shall use one of the following contract forms:
(1) The contract forms developed by the office of the state architect in the department of administrative services Ohio facilities construction commission and found on the following website under standard requirements for public facility construction: http://das.ohio.gov/Divisions/GeneralServices/StateArchitectsOffice/Listof StandardRequirementsDocuments.aspx design-build: http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx.; or
(2) Contract documents as published and licensed by the "American Institute of Architects" American institute of architects and listed in appendix A to this rule, "Industry Form Documents." and found on the following website: http://aia.org/contractdocs/index.htm.
(3) Contract documents as published and licensed by "ConsensusDOCS, LLC" and listed in appendix A to this rule, "Industry Form Documents." and found on the following website: https://www.consensusdocs.org/Catalog/designbuild .
(4) Contract documents as published and licensed by the "Design-Build Institute of America" design-build institute of America and listed in appendix A to this rule, "Industry Form Documents." found on the following website: http://dbia.org/Pages/Bookstore.aspx .
(5) Contract documents as published and licensed by the "Engineers JointContract Documents Committee" engineers joint contract documents committee and listed in appendix A to this rule, "Industry Form Documents." found on the following website: http://www.edjc.org/product-category/design-build-documents/ .
(C) When using contract documents under paragraph (B) of this rule for a design-build project, a public authority shall incorporate applicable requirements of federal, state, or local law and may include supplemental terms and conditions or modify the contract documents to include project-specific terms and conditions.
(D) For all design-build projects, a public authority shall require the design-build firm to use the subcontract form developed by the office of the state architect in the department of administrative services Ohio facilities construction commission and found on the following website under standard requirements for public facility construction: http://das.ohio.gov/Divisions/GeneralServices/StateArchitectsOffice/ListofStandard RequirementsDocuments.aspx. Misc: http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx.
(E) This rule does not apply to the department of transportation as the director of the department of transportation has specific statutory authority under Chapters 5517., 5525. and 5526. of the Revised Code to establish a design build program, criteria and selection process.

Notes

Ohio Admin. Code 153:1-2-02
Effective: 1/13/2017
Five Year Review (FYR) Dates: 10/28/2016 and 01/13/2022
Promulgated Under: 119.03
Statutory Authority: 153.503
Rule Amplifies: 153.50 - 153.581, 153.65 - 153.73
Prior Effective Dates: 12/26/2011

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