CHAPTER 109
Public Improvements

109.01   Accounting for services.

109.02   Local labor required; exceptions.

109.03   Conformance with local prevailing wages.

109.04   Emergency contractual procedures.

109.05   Hiring hall contract policy.

109.06    Construction Manager at Risk delivery of public improvements.

109.07    Retainage on construction contracts for public improvements.

CROSS REFERENCES

      Wages and hours on public works - see Ohio Const. Art. II,

         Sec. 37; Ohio R.C. Ch. 4115

      Public improvements - see Ohio R.C. Ch. 153

109.01 ACCOUNTING FOR SERVICES.

   To defray the cost and expenses of required and necessary services rendered by the offices of the Director of Finance, the Clerk of Council, the Director of Law and other officers and offices in the planning, preparation, execution and completion of various public improvements, programs and undertakings of various departments of the City, the proper officials shall ensure that the General Fund of the City shall be credited in the amount of three percent (3%) of the total cost of such improvement, program or undertaking, chargeable to the proper department or fund.

109.02 LOCAL LABOR REQUIRED; EXCEPTIONS.

   All capital construction contracts with the City involving employment of skilled and nonskilled labor shall include a clause requiring the contractor to employ the required labor from Mansfield, with the exception of the supervision and key personnel upon whom the contractor must rely for the direction of his effort, or if it is impossible to train sufficient local labor to provide the required labor force.

(Ord. 80-232. Passed 7-15-80.)

109.03 CONFORMANCE WITH LOCAL PREVAILING WAGES.

   All contracts with the City for work involving the employment of skilled and nonskilled labor shall include a clause requiring all contractors to conform with applicable prevailing wages. (Ord. 80-232. Passed 7-15-80.)

109.04 EMERGENCY CONTRACTUAL PROCEDURES.

   Upon the occurrence of any emergency situation with City government that affects the health, safety and welfare of this City and which requires the immediate attention on the part of the executive members of City government, the appropriate City official, i.e., Mayor, Service Director or Safety Director, a written report shall be submitted to the Clerk of Council detailing the need for the emergency action and explaining the scope of action taken. Once the emergency is in a controlled status, the conditions of Section 109.02 apply.

(Ord. 80-232. Passed 7-15-80.)

109.05 HIRING HALL CONTRACT POLICY.

   (a)    As used in this section, "public works contract" means any contract awarded by the City for the construction, engineering, alteration or repair of any public building, public highway or other public work and "contractor" means any person, partnership, corporation or association that has been awarded a public works contract.

   (b)    Any provision of a hiring hall contract or agreement which obligates a contractor to hire, if available, only such employees as are referred to him by a labor organization shall be void as against public policy and unenforceable with respect to employment under any public works contract unless at the date of execution of such hiring hall contract or agreement, or within thirty days thereafter, such labor organization has in effect procedures for referring qualified employees for hire without regard to race, color, religion, national origin or ancestry and unless such labor organization includes in its apprentice and journeymen membership, or otherwise has available for job referral without discrimination, qualified employees, regardless of their race, color, religion, national origin or ancestry.

(Ord. 00-156. Passed 7-5-00.)

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.)