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 and found on the following website under standard requirements for public facility construction: http://www.das.ohio.gov/Divisions/GeneralServices/StateArchitectsOffice/ListofStandardRequirementsDocuments.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 and found on the following website under standard requirements for public facility construction: http://www.das.ohio.gov/Divisions/GeneralServices/StateArchitectsOffice/ListofStandardRequirementsDocuments.aspx. or

(2) Contract documents as published and licensed by the American Institute of Architects and listed in appendix A to this rule, "Industry Form Documents."

(3) Contract documents as published and licensed by ConsensusDOCS, LLC and listed in appendix A to this rule, "Industry Form Documents."

(4) Contract documents as published and licensed by the Design-Build Institute of America and listed in Appendix A to this rule, "Industry Form Documents."

(5) Contract documents as published and licensed by the Engineers JointContract Documents Committee and listed in Appendix A to this rule, "Industry Form 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 and found on the following website under standard requirements for public facility construction:http://www.das.ohio.gov/Divisions/GeneralServices/StateArchitectsOffice/ListofStandardRequirementsDocuments.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.

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Effective: 12/26/2011
R.C. 119.032 review dates: 12/26/2016
Promulgated Under: 119.03
Statutory Authority: 153.503(D)
Rule Amplifies: 153.50 - 153.581 , 153.65 - 153.73