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Section 5525.05 | Rules - lists of qualified bidders.

...and ensuring that the award of all contracts is made to competent and responsible bidders or the lowest and best bidders for environmental remediation and specialty work for which there are no classes of work set out in the rules adopted by the director, subject to and in accordance with Chapter 119. of the Revised Code, the director of transportation may adopt such rules as the director considers proper. The rules ...

Section 5525.06 | Subcontractor must be properly qualified.

...ssful bidder shall enter into a subcontract with any other person, involving the performance of any part of any work upon which the bidder may be engaged for the department of transportation, unless the subcontractor has been properly qualified for the work sublet to the subcontractor or the subcontractor is eligible for participation without previous qualification under rules adopted by the director of transportatio...

Section 5525.061 | Subcontract approval.

...ll not authorize or approve any subcontract pursuant to this chapter unless the subcontract is evidenced in writing and is in conformity with all appllicable state and federal laws and regulations.

Section 5525.07 | Notification of final action - prequalification review board.

... transportation of the director's final action on their applications. Any applicant, other than one who has been debarred, aggrieved by the decision of the director may file a new application at any time for qualification or, within ten days after receiving notification of such decision, the applicant may request, in writing, a reconsideration of the application by a prequalification review board, which the director ...

Section 5525.08 | Disposition of bids of unqualified bidders - nonresponsive bids.

...n qualified to bid by the time the contract is awarded. If the director finds, subsequent to the opening of bids, that facts exist that would disqualify the lowest bidder, or that such bidder either is not competent and responsible or has submitted a nonresponsive bid, the director shall reject such bid, despite any prior qualification of such bidder. No contract shall be awarded to any bidder not qualified to bid th...

Section 5525.09 | False statement with respect to financial worth.

...squalified from submitting bids on contracts advertised for letting by the department of transportation for the period of two years following the date of his conviction.

Section 5525.10 | Contracts not to be awarded for more than cost plus five per cent.

...on 5525.15 of the Revised Code, no contract for any road improvement shall be awarded for a greater sum than the estimated cost thereof plus five per cent. The bids received for an improvement shall be opened at the time and place stated in the notice and the bids shall conform to such other requirements as the director of transportation prescribes. If no acceptable bid is made the director may readvertise the work a...

Section 5525.11 | Contract upon a unit price basis.

... transportation may enter into any contract authorized by law upon a unit price basis. Where a contract is entered into upon a unit price basis, the contractor shall state in his bid the sum for which he offers to perform each unit of each different kind or class of work, and upon completion the quantities of each kind of work shall be measured and the contractor paid only for the quantities of work actually performe...

Section 5525.12 | Lumber deemed material.

...and 5525.16 of the Revised Code when it actually becomes part of the structure or improvement in which it is used, or when it is used as form material.

Section 5525.13 | Limitation of surety bond and insurance.

...he director of transportation on a contract it shall not be for more than ten per cent of the company's capital and surplus, unless the amount in excess of ten per cent is fully reinsured in some surety company that is authorized to transact business in this state. The director may limit the total amount of insurance in force at any one time in any one company. In the event of the insolvency of any surety, at any t...

Section 5525.14 | Written change orders or orders for extra work.

...ion, by written instruction to the contractor, may increase the quantities of any item specified or not specified in a competitively bid construction contract but, except as provided in division (B) of this section, the additional cost incurred by the increase shall not exceed the lesser of one hundred thousand dollars or five per cent of the total contract price. Any such provision for increased quantities or extra ...

Section 5525.15 | Cost estimates may be confidential.

...ised Code, which provides that no contract for any improvement shall be awarded for a greater sum than the estimated cost thereof plus five per cent, does not apply in the case of any project with respect to which the authority conferred by this section is exercised. In cases in which the authority conferred by this section is exercised and in which the bid of the successful bidder exceeds the estimate, the dir...

Section 5525.16 | Contract performance bond and payment bond.

... petitions a state or federal court for protection from its creditors; (e) It allows its license to do business in this state to lapse or to be revoked. (C)(1) In no case is the state liable for damages sustained in the construction of any work, improvement, or project under this chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and 5535....

Section 5525.17 | Failure of contractor or surety to complete work.

...(A)(1) If a contractor has not commenced work within a reasonable time, or does not carry the same forward with reasonable progress, or is improperly performing the work, or has abandoned, or fails or refuses to complete a contract entered into under Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the Revised Code, the director of t...

Section 5525.18 | Contract with foreign corporation.

...No contract shall be entered into by the director of transportation, if the bidder awarded the contract is a foreign corporation, until the secretary of state has certified that the corporation is authorized to do business in this state, and, if the bidder awarded the contract is a person or partnership nonresident of the state, until the person or partnership has filed with the secretary of state a power of attorney...

Section 5525.19 | Payment of costs.

... reason becomes unfit for use, the contractor shall replace the material at the contractor's own expense. In addition to the estimates provided for by law, the director, under such conditions as the director prescribes, may allow and pay to a contractor a sum not exceeding the value of the material delivered by the contractor and safely stored at an approved site. When such estimate is allowed, the material on which...

Section 5525.20 | Incentive and disincentive contract provisions.

...ive and disincentive provisions in contracts the director executes for projects or portions or phases of projects that involve any of the following: (1) A major bridge out of service; (2) A lengthy detour; (3) Excessive disruption to traffic; (4) A significant impact on public safety; (5) A link that completes a segment of a highway. (B) No such provisions shall be included in any particular contract without th...

Section 5525.21 | Authorizing minimal amount of foreign steel products in bridge projects.

...ith any bridge project for which a contract has been entered into, authorize in writing the use of a minimal amount of foreign steel products if either of the following is true: (A) The cost for each contract item used does not exceed one-tenth of one per cent of the total contract cost, or two thousand five hundred dollars, whichever is greater. For the purposes of this section, the cost is the value of the steel p...

Section 5525.22 | Demolition contracts.

...For contracts for projects that involve the demolition of property for a right-of-way, the director of transportation shall include in the contract adequate provision for liquidated damages and a requirement that the contractor inform the department of the method for disposal of demolition debris prior to the start of work.

Section 5525.23 | Binding dispute resolution for contract controversies.

...on may include in any construction contract a provision authorizing a binding dispute resolution method for any controversy subsequently arising out of the contract. The binding dispute resolution method may proceed only upon agreement of all parties to the controversy. If all parties do not agree to proceed to binding dispute resolution, a party having a claim against the department of transportation shall exhaus...

Section 5525.25 | Warranty specifications in bidding documents.

...r. This section does not apply to contracts the director makes on behalf of a political subdivision.

Section 5525.99 | Penalty.

...(A) Whoever violates sections 5525.02 to 5525.09, inclusive, of the Revised Code, shall be fined not less than one hundred nor more than five hundred dollars.

Section 5526.01 | Contracts for professional services definitions.

.... (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 Rev...

Section 5526.02 | Contracts for professional services.

...portation may employ or enter into contracts with any qualified firm for professional services in accordance with this chapter.

Section 5526.03 | Notice of intent to enter into contract for professional services.

... of transportation to enter into a contract for professional services. The director shall advertise the public notice via the internet or by other means to ensure that qualified firms are notified and given the opportunity to be considered for the award of the contract. The director may include more than one contract in a single public notice. The director may limit the number of contracts to which a firm may respond...

Section 1319.17 | Commercial credit reports.

... containing information related to transactions or experiences between the subject and the person making the report; (c) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; (d) Any report in which a person that has been requested by a third party to make a specific extension of credit directly or indirectly to the subject conveys ...

Section 1321.01 | Small Loan Law definitions; division of financial institutions responsibility.

...d payments will be made when due. (8) "Actuarial method" means the method of allocating payments made on a loan between the principal amount and interest whereby a payment is applied first to the accumulated interest and the remainder to the unpaid principal amount. (9) "Applicable charge" means the amount of interest attributable to each monthly installment period of the loan contract. The applicable charge is com...

Section 1321.02 | Small loan license requirement; exceptions.

... of lending money, credit, or choses in action in amounts of five thousand dollars or less, or exact, contract for, or receive, directly or indirectly, on or in connection with any such loan, any interest and charges that in the aggregate are greater than the interest and charges that the lender would be permitted to charge for a loan of money if the lender were not a licensee, without first having obtained a license...

Section 1321.03 | Application for small loan license; fee.

...Application for a license shall be in writing, under oath, and in the form prescribed by the division of financial institutions, and shall contain the name and address of the applicant, and, if the applicant is a partnership or association, of every member thereof, and, if a corporation, of each officer and director thereof; also the approximate location where the business is to be conducted and such further relevant...

Section 1321.04 | Small loan license application approval.

...ial institutions shall investigate the facts concerning the applicant and the requirements provided for in divisions (A)(1) and (2) of this section. The division shall approve the application and issue and deliver a license to the applicant if the division finds both of the following: (1) That the financial responsibility, experience, and general fitness of the applicant and of the members thereof, if the applica...

Section 1321.05 | Contents of small loan license; annual fee and assessment; assets.

...Each license shall state the address at which the business is to be conducted and shall state fully the name of the licensee. Each license shall be kept conspicuously posted in the place of business of the licensee and is not transferable or assignable. Each license shall remain in effect until surrendered, revoked, or suspended under section 1321.08 or 3123.47 of the Revised Code. Every licensee shall each year pa...

Section 1321.06 | Additional small loan licenses; change of place of business.

...Not more than one place of business shall be maintained under the same license issued under sections 1321.01 to 1321.05 of the Revised Code, but the division of financial institutions may issue additional licenses to the same licensee upon compliance with such sections. No change in the place of business of a licensee to a location outside the original municipal corporation shall be permitted under the same license....

Section 1321.07 | Examination of small loan licensee's records; division powers.

...de, whether or not the person claims to act under such sections. For the purpose of this section, any person who advertises, solicits, or holds self out as willing to make, find, or arrange for another person to make loan transactions in the amount or of the value of five thousand dollars or less, is presumed to be engaged in the business described in the first paragraph of section 1321.02 of the Revised Code...

Section 1321.08 | Suspension or revocation of small loan license.

...o the licensee stating the contemplated action and the grounds therefor, and upon reasonable opportunity to be heard, suspend or revoke any license issued by the division if it finds that: (1) The licensee is in default in the payment of the annual license fee or assessment prescribed in section 1321.20 of the Revised Code or has failed to comply with any order of the division made and entered under division (A) of ...

Section 1321.09 | Small loan licensee recordkeeping; annual report.

...ity" includes a regulator of a business activity in which a licensee is engaged, or has applied to engage in, to the extent that the regulator has jurisdiction over a licensee engaged in that business activity. A licensee is engaged in a business activity, and a regulator of that business activity has jurisdiction over the licensee, whether the licensee conducts the activity directly or a subsidiary or affiliate of t...

Section 1321.10 | Small Loan Law rules and orders; procedure in case of violation; certified statements.

...requirement, and similar administrative act may be in the form of a written order. Every rule and order shall be a public record. After promulgation, a copy of every rule shall be mailed to all licensees. (B) The division may, whenever it has reasonable cause to believe that any person has violated, is violating, or is threatening to or intends to violate sections 1321.01 to 1321.19 of the Revised Code, enter an ord...

Section 1321.11 | Prohibited statements and representations.

...No licensee or other person subject to sections 1321.01 to 1321.19 of the Revised Code shall advertise, display, distribute, or broadcast or cause or permit to be advertised, displayed, distributed, or broadcast, any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for loans made under those sections. The division of financial institutions shall require that c...

Section 1321.12 | Small loan licensee - prohibited acts.

...No licensee shall conduct the business of making loans under sections 1321.01 to 1321.19 of the Revised Code, within any office, room, or place of business in which any other business is solicited or engaged in, or in association or conjunction therewith, if the division of financial institutions finds, after hearing, that the other business is of such nature that such conduct tends to conceal evasion of those sectio...

Section 1321.13 | Small loan maximum interest rate; computation of interest; precomputed loans; permissible charges; insurance.

... the Revised Code, a licensee may contract for and receive interest, calculated according to the actuarial method, at a rate or rates not exceeding twenty-eight per cent per year on that portion of the unpaid principal balance of the loan not exceeding one thousand dollars and twenty-two per cent per year on any part of the unpaid principal balance exceeding one thousand dollars. A licensee may contract for an...

Section 1321.131 | Small loan alternative interest rate.

...f the Revised Code, a licensee may contract for and receive interest at any rate or rates agreed upon or consented to by the parties to the loan contract or open-end loan agreement, but not exceeding an annual percentage rate of twenty-five per cent.

Section 1321.14 | Duties of small loan licensee; prohibited acts.

...de in advance in any amount on any contract of loan at any time, but the licensee may apply the payment first to all interest and charges due up to the date of the payment; (D) Upon repayment of the loan in full, mark plainly every obligation signed by any obligor, or a copy of the signed obligation, "paid" or "canceled" and return it and any pledge to the borrower or, if there are two or more borrowers, to one of t...

Section 1321.141 | Small loan requirements and restrictions.

... (B) A licensee shall not engage in any act or practice to evade the requirement of division (A) of this section, including by assisting a borrower to obtain a loan on terms that would be prohibited by that division. (C) No licensee shall fail to comply with this section.

Section 1321.15 | Loans designed to circumvent limitations on interest rates, charges, or loan amount.

...ently or both, under more than one contract of loan at the same time for the purpose or with the result of obtaining a higher rate of interest or greater charges than would otherwise be permitted upon a single loan made under sections 1321.01 to 1321.19 of the Revised Code. (B) No licensee shall charge, contract for, or receive, directly or indirectly, interest and charges greater than such licensee would be perm...

Section 1321.16 | Open-end loans by small loan licensee.

...f the Revised Code, a licensee may contract for and receive interest for open-end loans at a rate or rates not exceeding those provided in division (A) of section 1321.13 of the Revised Code and may compute interest in each billing cycle by either of the following methods: (1) By multiplying the daily rate or rates by the daily unpaid balance of the account, in which case the daily rates are determined by dividing t...

Section 1321.17 | Out-of-state small loans.

...the Revised Code has been charged, contracted for, or received is enforceable in this state and every person participating therein in this state is subject to sections 1321.01 to 1321.19 of the Revised Code; provided that this section does not apply to loans legally made in any state under and in accordance with a regulatory loan law similar in principle to such sections. All loan contracts made with residents of thi...

Section 1321.18 | Civil action to reverse, rescind, or modify division order.

...alleging to be aggrieved by an order or action of the division of financial institutions, within thirty days from the entry of the order complained of, or within sixty days of the action complained of if there is no order, may file a complaint against the superintendent of financial institutions in the court of common pleas of Franklin county. Such complaint may pray for reversal, rescission, or modification of the o...

Section 1321.19 | Cancellation or alteration of small loan license does not impact existing contracts.

...the obligation of any pre-existing contract between any licensee and any borrower, nor the right of the licensee to collect principal, interest, and charges as set forth in said obligation.

Section 1321.20 | Fees - licenses, registration under this chapter and for pawnbrokers and precious metals dealers.

...(A) Every person licensed or registered under this chapter shall pay to the superintendent of financial institutions, prior to the last day of June, an annual license or certificate of registration fee. On or about the fifteenth day of April of each year, the superintendent shall determine the license or certificate fees to be charged, pursuant to sections 1321.03, 1321.05, and 1321.73 of the Revised Code. Such d...

Section 1321.21 | Consumer finance fund.

...division of financial institutions. All actual and necessary expenses incurred by the superintendent, including any services rendered by the department of commerce for the division's administration of Chapters 1321., 1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, and sections 1349.25 to 1349.37 of the Revised Code, shall be paid from the fund. The fund shall be assessed a proportionate share of the admi...

Section 1321.31 | Assignment of personal earnings - requirements, limitations, priority.

...No assignment of, or order for, wages or salary is valid unless made in writing by the person by whom the said wages or salary are earned and no assignment of, or order for, wages or salary made by a married person is valid unless the written consent of the husband or wife of the person making such assignment or order is attached to such assignment or order. No assignment of, or order for, wages or salary of a minor ...