State Survey of P3 Authorizing Statutes: Ohio

Ohio Rev. Code Ann. § 5501.71

Summary

The law authorizes the Ohio DOT to enter into agreements with private entities, including the use of P3s. The P3 agreement must include provisions requiring a performance and a payment bond in an amount that the Director of Transportation will determine for the construction portions of the P3 agreement.

Excerpt:

“(B)(1) A public‐private agreement under this section shall provide for all of the following: …

(j) If the agreement contains a construction services component, a contract performance bond executed by a surety authorized by the department of insurance to write surety bonds in an amount specified by the director of transportation, conditioned upon the private entity or contractor performing the construction services portion of the work in accordance with the agreed upon terms, within the time prescribed;

(k) If the agreement contains a construction services component, a payment bond executed by a surety authorized by the department of insurance to write surety bonds in an amount specified by the director, conditioned upon the payment for all labor, work performed, and materials furnished in connection with the construction services portion of the work.”