§ 208.13  DESIGN-BUILD PROCESS.
   (a)   Definitions.  The following words and/or phrases used in this section are defined in Chapter 200, § 200.01.
      CITY
      CONCEPTUAL DOCUMENTS
      DESIGN-BUILD CONTRACT
      DESIGN/BUILDER
      ENTITY
      PROFESSIONAL DESIGN FIRM
      PROFESSIONAL DESIGN SERVICES
      PROPOSAL
      PROPOSER
      REQUEST FOR PROPOSALS or RFP
      REQUEST FOR QUALIFICATIONS or RFQ
      RESPONDENT
      STATEMENT OF QUALIFICATIONS or SOQ
   (b)   Design/builder qualifications.
      (1)   At the time design-build services are to be provided under a design-build contract, a design/builder must be an entity, employ an entity, or have as a partner, member, joint venturer or subcontractor an entity, that is licensed, registered or otherwise qualified under Ohio law to provide the design professional services and construction services to complete the public improvement project and do business in Ohio.
      (2)   In accordance with this subsection, a design/builder may contract with the city to provide design professional services and construction services that the design/builder is not itself licensed, registered or otherwise qualified under Ohio law to perform if the design/builder provides the services through subcontracts with licensed, registered or otherwise qualified entities under Ohio law.
   (c)   Procurement process.
      (1)   When a design-build contract is considered by the city for implementation of a public improvement project, the city shall utilize a two-step, competitive procurement process to award the design-build contract.  A description of the procurement process shall be included in the RFQ and RFP.
      (2)   The first step in the procurement process shall be to issue an RFQ, receive and evaluate SOQs from respondents, and short-list the most qualified respondents in accordance with subsection (d) of this section.
      (3)   The second step in the procurement process shall be to issue an RFP, receive, evaluate and rank the proposals, negotiate the design-build contract and award the design-build contract.  Prior to the ranking of proposers, the city may require and evaluate submittals of preliminary proposals or re-submittals of proposals from each proposer.
   (d)   Request for qualifications and short-listing of respondents.
      (1)   The city shall advertise the availability of the RFQ not less than once in a newspaper of general circulation in the City of Xenia and/or the Council may determine that publication shall be by other electronic media for at least 14 calendar days preceding the day of the opening of the SOQs. The advertisement shall provide a general description of the public improvement project and the method for obtaining a copy of the RFQ.
      (2)   The RFQ shall include the following information:
         A.   The location of the public improvement project;
         B.   A general description of the public improvement project;
         C.   A description of the procurement process;
         D.   The submittal requirements for the SOQ; and
         E.   A description of evaluation criteria to be used in short-listing respondents, including an indication of the relative importance of each criterion. The evaluation criteria may include any of the following:
            1.   Experience;
            2.   Past performance;
            3.   Key staff;
            4.   Financial capability and condition; and
            5.   Other criteria set forth in the RFQ.
      (3)   Any entity that assisted in the (1) preparation of the RFQ, RFP, conceptual documents, or the design-build contract, or (2) procurement of a design/builder, may not be a part of any team submitting an SOQ for the public improvement project.
      (4)   The city may interview or seek clarifications from some or all of the respondents during the evaluation of the SOQs.
      (5)   After evaluation of the SOQs in accordance with the criteria set forth in the RFQ, the city shall short-list the most-qualified, responsive respondents to receive the RFP.  The city may short-list no less than two respondents.
      (6)   If at any time prior to receipt of proposals a short-listed respondent withdraws from the procurement process or is disqualified from continuing in the procurement process, the city may add a respondent that was not previously short-listed to the short-list.
   (e)   Request for proposals.
      (1)   The city shall issue an RFP to each of the short-listed respondents.
      (2)   The RFP shall include the following information:
         A.   The location of the public improvement project;
         B.   A general description of the public improvement project;
         C.   A description of the procurement process;
         D.   The submittal requirements for proposals; and
         E.   A description of evaluation criteria to be used in evaluating proposals and selecting the design/builder, including relative importance of each criterion.  The evaluation criteria may include any of the following:
            1.   Experience;
            2.   Past performance;
            3.   Key staff;
            4.   Financial capability and condition;
            5.   Technical approach;
            6.   Price; and
            7.   Any other criteria defined in the RFP.
      (3)   Any entity that assisted in the (1) preparation of the RFQ, RFP, conceptual documents, or the design-build contract, or (2) procurement of a design/builder, may not be a part of any team submitting a proposal for the public improvement project.
      (4)   The city may establish a maximum budget for the public improvement project and require all price proposals to be less than the maximum budget in order for a design-build contract to be awarded.  If the city elects to establish a maximum budget for the public improvement project, the city’s maximum budget shall be defined in the RFP.
   (f)   Evaluation of proposals and award of design-build contract.
      (1)   The city shall evaluate proposals in accordance with the procurement process and evaluation criteria defined in the RFP.
      (2)   As defined in the RFP, the city may meet with proposers, seek clarification on proposals, consider proposed alternatives, revise the RFP or require best and final proposals.
      (3)   The city shall evaluate and rank the proposals and, if applicable, best and final proposals based on the factors, weighting (if applicable), and process identified in the RFP.
      (4)   The city is not required to rank first the proposer that submits the lowest price proposal.
      (5)   The city may reject any and all proposals, except for the purpose of evading the provisions and policies of this section.
      (6)   The city may negotiate any design-build contract term with the highest-ranked proposer, except for those terms identified in the RFP as non-negotiable.
      (7)   If the city is unable to negotiate a design-build contract with the highest-ranked proposer, the city may suspend or end negotiations with that proposer and initiate negotiations with the next highest-ranked proposer.
      (8)   The city shall continue in accordance with this procedure until a contract agreement is reached or the selection process is terminated.
(Ord. 03-23, passed 5-8-2003; Am. Ord. 04-43, passed 12-9-2004; Am. Ord. 08-28, passed 5-8-2008)