109.06 CONSTRUCTION MANAGER AT RISK DELIVERY OF PUBLIC IMPROVEMENTS.
(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, treatment works, water line, sewer, utility, stormwater or flood control infrastructure, 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 Construction Manager at Risk delivery method that conforms to the following:
(1) The Construction Manager at Risk will be selected after evaluating responses to a Request for Proposals advertised by the City that requires each respondent to identify its qualifications to serve as the Construction Manager at Risk for the particular Public Improvement, as well as identify:
A. Its fee expressed as a percentage of its cost to construct the Public Improvement;
B. Its fee for preconstruction services as defined in the Request for Proposals; and
C. Its monthly fee for field overhead (aka "General Conditions Costs") during construction, as defined in the Request for Proposals.
(2) The Construction Manager at Risk, who by its proposal, is deemed to provide the best value to the City will be selected to serve as the Construction Manager at Risk for the particular Public Improvement; however, notwithstanding the foregoing, the City may choose not to contract with any of the respondents. "Best value" does not require that the proposal be for the lowest cost, taking into account all other relevant factors.
(3) The Construction Manager at Risk will perform preconstruction services such as but not limited to constructability review, scheduling, and cost estimating.
(4) At or near the completion of preconstruction services, the Construction Manager at Risk will be required to present a Guaranteed Maximum Price ("GMP”) proposal for construction of the Public Improvement, which may or may not be accepted by the City. If the GMP proposal is not accepted by the City, the City may choose to negotiate changes to the GMP, or revise the design of the Public Improvement, or select a different method for delivering construction of the Public Improvement, with or without further involvement of the Construction Manager at Risk;
(5) The GMP will consist of the sum of the following elements:
A. The estimated cost to construct the Public Improvement;
B. The Construction Manager at Risk's fee multiplied by the estimated cost to construct the Public Improvement;
C. The Construction Manager at Risk's General Conditions Costs applied to the complete specified duration of construction; and
D. A contingency percentage multiplied by the estimated cost to construct the Public Improvement.
(6) The Construction Manager at Risk will be responsible for all costs above the GMP subject to any adjustment to the GMP that the Construction Manager at Risk may be entitled to under its contract with the City.
(7) All contracts held by the Construction Manager at Risk or the City for the furnishing of labor, material, and equipment must be competitively bid, except for specialty equipment or systems deemed by the City to be critical to the success of the Public Improvement and which are available from only one source.
(8) The Construction Manager at Risk may self-perform work, but must bid for the work at the same time as all other bidders.
(9) The Construction Manager at Risk must provide a payment and performance bond in the full amount of the GMP, in the form prescribed by the City.
(10) Payment to the Construction Manager at Risk, except for its fee and General Conditions Costs, will be subject to five percent (5%) retainage, which will not be escrowed or bear interest.
(11) The City is not bound by any requirement of the Ohio Revised Code with respect to procuring a Construction Manager at Risk or contracting with a Construction Manager at Risk.
(Ord. 20-174. Passed 9-15-20.)