2006 Ohio Revised Code - 9.33. Definitions.

§ 9.33. Definitions.
 

As used in sections 9.33 to 9.333 [9.33.3] of the Revised Code: 

(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) "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 personnel, especially the technical training, education, and experience of the construction manager'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 owner; 

(5) Other similar factors. 

(C) "Public owner" means the state, or any county, township, municipal corporation, school district, or other political subdivision, or any instrumentality or special purpose district of the state or a political subdivision. 
 

HISTORY: 138 v H 243 (Eff 9-26-79); 142 v S 185 (Eff 6-14-88); 146 v H 231. Eff 11-24-95.