5.1: Design-Bid-Build Method of Construction Contracting
Design-bid-build method is where the Town will sequentially award separate contracts, the first for the architectural and engineering services to design the project and the second for construction of the project according to the design. Both contracts are separately solicited and awarded. Architectural and engineering services are procured using the methods outlined under Professional Services.
Construction contracting under this method shall be awarded by sealed bidding pursuant to the procedures as set forth elsewhere in this chapter, with the following exceptions:
The invitation shall include, but not be limited to, all contractual terms and conditions applicable to the procurement. Bids shall be accepted unconditionally without alteration or correction, except as otherwise noted in this chapter. The invitation for bids shall set forth all requirements of the bid, including the following, as determined necessary. Where required by the invitation, all responsive bidders shall include subcontractor information as specified.
   1.   Any bidder, in response to an invitation for bids, shall set forth in the bid or offer, the names and the locations of the place of businesses for each subcontractor, or supplier, who will or is expected to perform work or render service to the prime contractor to or about construction, and who will specifically fabricate and install a portion of the work which is expected to exceed 3% of the prime contractor’s total base bid, or any subcontractor whose construction elements are deemed vital by the Town for the project and so listed and specified by the Town within the invitation and the bidding documents.
   2.   Failure to list subcontractors, or suppliers, when required and specified by the invitation in accordance with this section may render the prime contractor’s bid as nonconforming.
   3.   No prime contractor whose bid is acceptable in accordance with this section shall substitute any person as subcontractor in place of the subcontractor listed in the original bid, except with the consent of the Town, for good cause shown. The Town reserves the right to reject any and all subcontractors for justifiable cause, with a substitute to be agreed-upon by both parties.
   4.   The Town shall make available to all in attendance, a copy of the record of the bid tabulation at the public opening of the bids. Like information shall be provided to those not in attendance at the opening, when so requested in writing.