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 Ohio facilities construction commission and found on the following website under 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 Ohio facilities construction commission and found on the following website under design-build:http://ofcc.ohio.gov/Documents/AgreementsandStandardRequirements.aspx.; or

(2) Contract documents as published and licensed by the American institute of architects and and found on the following website: http://aia.org/contractdocs/index.htm.

(3) Contract documents as published and licensed by ConsensusDOCS, LLC and 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 and found on the following website: http://dbia.org/Pages/Bookstore.aspx.

(5) Contract documents as published and licensed by the engineers joint contract documents committee and 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 Ohio facilities construction commission and found on the following website under 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.

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