The city may, at its discretion, use request-for-proposal procedures for the selection of construction manager/general contractor (CM/GC) firms who will be required to establish guaranteed maximum prices for constructing public improvements, subject to the following conditions:
   (A)   Contractual requirements are stated clearly in the solicitation document. The contract shall describe the methods by which the CM/GC shall competitively select other contractors and subcontractors to perform the work of the improvement. Further, the contract shall describe completely the methods by which the CM/GC and its affiliated or subsidiary entities, if any, may compete to perform the work of the improvement; such methods shall include, at a minimum, public opening of sealed bids at a preannounced time and place:
   (B)   Evaluation criteria to be applied in selecting the CM/GC firm are stated clearly in the solicitation document. Criteria used to identify the CM/GC firm which best meets the public contracting needs may include, but are not limited to cost, quality, experience relevant to the improvement to be constructed, and time required to commence and complete the improvement; and
   (C)   The city adopts findings to support the use of the CM/GC contracting method, which findings may include the following:
      (1)   The city has competitively bid a public improvement project and failed to receive a responsive, responsible bid within the cost estimate established by the agency or its consultant. There are de facto cost savings from not redesigning and rebidding the project;
      (2)   There are expected substantial savings on direct construction costs;
      (3)   The city needs to have use of the project within the stated project schedule and there will be program and cost consequences if the required use is delayed;
      (4)   The technical complexity or unique character of the project requires the coordination of multiple disciplines;
      (5)   The use of value engineering through cooperation among the architect/engineer, contractor and the city is important to the project's delivery on time and within budget; and
      (6)   There are other factors which demonstrably affect cost.
(Ord. 10-413, passed 12-15-2010)