Ohio Code 5526.01 – Contracts for professional services definitions
As used in this chapter:
Terms Used In Ohio Code 5526.01
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Firm: means any person or limited liability company that is legally engaged in rendering professional services. See Ohio Code 5526.01
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Professional services: means any of the following:
(1) The practice of engineering as defined in section 4733. See Ohio Code 5526.01
- Property: means real and personal property. See Ohio Code 1.59
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(A) “Firm” means any person or limited liability company that is legally engaged in rendering professional services.
(B) “Federal Water Pollution Control Act” has the same meaning as in section 6111.01 of the Revised Code.
(C) “Professional services” means any of the following:
(1) The practice of engineering as defined in section 4733.01 of the Revised Code;
(2) The practice of surveying as defined in section 4733.01 of the Revised Code;
(3) The practice of landscape architecture as defined in section 4703.30 of the Revised Code;
(4) The evaluation of environmental impacts performed in accordance with the “National Environmental Policy Act of 1969,” 83 Stat. 852, 42 U.S.C. § 4321, as amended, the Federal Water Pollution Control Act, or any other applicable law or regulation;
(5) Right-of-way acquisition services such as right-of-way project management, title searches, property valuations, appraisals, appraisal reviews, negotiations, relocation services, appropriation activities, real estate closings, and property management activities that are performed for the purpose of properly acquiring private and public property rights in conjunction with public highway projects and that conform to Chapters 163. and 5501. of the Revised Code; rules 5501:2-5-01 to 5501:2-5-06 of the Ohio Administrative Code; the “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,” 84 Stat. 1894, 42 U.S.C. § 4601, et seq., as amended; the “Surface Transportation and Uniform Relocation Assistance Act of 1987,” Public Law No. 100-17, 101 Stat. 132; applicable provisions of Titles 23 and 49 of the Code of Federal Regulations; and any applicable policies and procedures established by the department of transportation;
(6) Services related to the department’s administration of construction contract claims, including, but not limited to, the analysis of claims, assistance in negotiations, and assistance during litigation;
(7) Architectural services related to bridges;
(8) Any other professional service that is determined by the director of transportation or any other designated officials of the department to be necessary for the provision of transportation services or to provide assistance to the department in furtherance of its statutory duties and powers.
“Professional services” does not mean the practice of architecture as regulated under Chapter 4703 of the Revised Code, except landscape architecture and architectural services related to bridges as provided in divisions (C)(3) and (7) of this section.
(D) “Qualifications” means all of the following:
(1) The competence of a firm to perform required professional services as indicated by the technical training, education, and experience of the firm’s personnel, in particular the technical training, education, and experience of the firm’s personnel assigned to perform professional services for the department;
(2) The ability of a firm in terms of its workload and the availability of qualified personnel, equipment, and facilities to perform the required professional services competently and expeditiously;
(3) The past performance of a firm as indicated by evaluations of previous clients of the firm with respect to such factors as control of costs, quality of work, and meeting of deadlines;
(4) Any other relevant factors as determined by the director.