Ohio Code 9.33 – Construction management services definitions
As used in sections 9.33 to 9.335 of the Revised Code:
Terms Used In Ohio Code 9.33
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Bond: includes an undertaking. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(A) “Construction manager” means a person with substantial discretion and authority to plan, coordinate, manage, and direct all phases of a project for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, or other improvement, but does not mean the person who provides the professional design services or who actually performs the construction, demolition, alteration, repair, or reconstruction work on the project.
(B)(1) “Construction manager at risk” means a person with substantial discretion and authority to plan, coordinate, manage, direct, and construct all phases of a project for the construction, demolition, alteration, repair, or reconstruction of any public building, structure, or other improvement and who provides the public authority a guaranteed maximum price as determined in section 9.334 of the Revised Code.
(2) As used in division (B)(1) of this section:
(a) “Construct” includes performing, or subcontracting for performing, construction, demolition, alteration, repair, or reconstruction.
(b) “Manage” includes approving bidders and awarding subcontracts for furnishing materials regarding, or for performing, construction, demolition, alteration, repair, or reconstruction.
(C) “Construction management contract” means a contract between a public authority and another person obligating the person to provide construction management services.
(D) “Construction management services” or “management services” means the range of services that either a construction manager or a construction manager at risk may provide.
(E) “Qualified” means having the following qualifications:
(1) Competence to perform the required management services as indicated by the technical training, education, and experience of the construction manager’s or construction manager at risk’s personnel, especially the technical training, education, and experience of the construction manager’s or construction manager at risk’s employees who would be assigned to perform the services;
(2) Ability in terms of workload and the availability of qualified personnel, equipment, and facilities to perform the required management services competently and expeditiously;
(3) Past performance as reflected by the evaluations of previous clients with respect to factors such as control of costs, quality of work, and meeting of deadlines;
(4) Financial responsibility as evidenced by the capability to provide a letter of credit pursuant to Chapter 1305. of the Revised Code, a surety bond, certified check, or cashier’s check in an amount equal to the value of the construction management contract, or by other means acceptable to the public authority;
(5) Other similar factors.
(F)(1) “Public authority” means the state, any state institution of higher education as defined in section 3345.011 of the Revised Code, any county, township, municipal corporation, school district, or other political subdivision, or any public agency, authority, board, commission, instrumentality, or special purpose district of the state or of a political subdivision.
(2) “Public authority” does not include the director of transportation when exercising the director’s authority to prepare plans for, acquire rights-of-way for, construct, or maintain roads, highways, or bridges.
(G) “Open book pricing method” means a method in which a construction manager at risk provides the public authority, at the public authority’s request, all books, records, documents, and other data in its possession pertaining to the bidding, pricing, or performance of a construction management contract awarded to the construction manager at risk.