Ohio Revised Code|Section 9.33 | Construction management services definitions.

                                                
As used in sections 9.33 to 9.335 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)(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.