Ohio § 5525.20

§ 5525.20.

(A) Subject to division (B) of this section, the director of transportation may include

incentive 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 the prior

consent of the municipal corporation, or, if outside a municipal corporation and off

the state highway system, the prior consent of the board of county commissioners of

the county, in which the bridge, detour, disruption, impact, or link will be located

or occur. (C) If the director decides to include incentive and disincentive provisions in such

contracts, the director shall make those provisions part of the bid proposal issued

by the director pursuant to this chapter and shall also adopt rules, in accordance

with Chapter 119. of the Revised Code, governing the formulation and use of those

provisions.  The rules shall be equivalent in scope, content, and coverage to the regulations

the federal highway administrator issues concerning the use of such provisions in

state contracts. As used in this section, “ incentive and disincentive provisions ” means provisions under which the contractor would be compensated a certain amount

of money for each day specified critical work is completed ahead of schedule or under

which the contractor would be assessed a deduction for each day the specified critical

work is completed behind schedule.  The director also may elect to compensate the contractor in the form of a lump sum

incentive for completing critical work ahead of schedule.