(a) As used in this Section “Public Improvement” shall mean any construction, reconstruction, enlargement, alteration, repair, remodeling, rehabilitation, or renovation of a building, road, bridge, parklands, treatment works, water line, sewer, utility, stormwater or flood control infrastructure, or restoration or creation of wetlands, or stream restoration and associated appurtenances for all such items, or any other item or works generally considered to be a capital improvement.
(b) The Mayor of the City may elect to accomplish the construction of any Public Improvement by using a Design-Build method that conforms to the following:
(1) The City will issue a Request for Proposals (“RFP”) for design-build services that described the proposed Public Improvement and requires each proposer to identify its qualifications, design fee, and other fees at the discretion of the City. The RFP will stipulate whether compensation for construction will be cost-plus fee subject to a Guaranteed Maximum Price (“GMP”) else a lump sum price.
(2) The City will evaluate and rank the proposals and negotiate contract terms with the proposer determined to provide the best value, and then enter into the Design-Build Contract, at the City’s sole discretion.
(3) If the City is unable to successfully conclude negotiations with the proposer deemed to provide the best value, the City may elect to negotiate with the next ranked proposer, and so on.
(4) The Request for Proposals shall identify the Control Estimate, which will be the City’s estimated fair market cost of performing the construction of the Public Improvement.
(5) If not previously provided in response to the RFP, at the percentage of completion of the design identified in the Design-Build Contract, the Design-Builder will propose to the City either a lump sum price or GMP based on cost-plus fee pricing to construct the Public Improvement. In any case, the City may not accept a lump sum price or GMP that exceeds the Control Estimate without authorization from Council.
(6) If the City accepts the lump sum price to GMP, or negotiates a change to either, the City will execute a written amendment to the Design-Build Contract or enter into a separate agreement that authorizes the construction of the Public Improvement. The Design-Builder will be responsible for all costs above the lump sum price or GMP, subject to any adjustment to which the Design-Builder may be entitled under the Design-Build Contract.
(7) If the City does not accept either the lump sum price or GMP, the City may take possession of the design drawings and specifications prepared by the Design-Builder for the Public Improvement, and advertise for bids to construct the Public Improvement, or take another action deemed to be in the best interest of the City.
(8) The Design-Builder must provide a payment and performance bond in the full amount of the GMP or the lump sum price, as applicable, in the form prescribed by the City.
(9) Payment to the Design-Builder for construction work will be subject to 5% retainage, which will not be escrowed or bear interest.
(10) For Design-Build services, the City is not bound by any requirement of the Ohio Revised Code with respect to procuring a design professional or Design-Builder or contracting with a design professional or Design-Builder.
(Ord. 8338. Passed 9-28-21.)