AR2612

PAYNE AVENUE IMPROVEMENTS

City of Cleveland

Department of Mayor's Office of Capital Projects

601 Lakeside Ave

Cleveland, OH 44114

RELEASE DATE: July 29, 2026

DEADLINE FOR QUESTIONS: August 19, 2026

RESPONSE DEADLINE: August 31, 2026, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/clevelandoh

City of Cleveland

Payne Avenue Improvements

I. Scope of Services

II. Stages

III. Proposal Submission Requirements

IV. Other Conditions and Information

V. OEO Compliance

VI. Proposal Selection Criteria

VII. Proposal Submittals

Attachments:

A - 01 NORTHERN IRELAND DISCLOSURE

B - 02 CCO 187-22

C - 03 Subcontractor Addition and Subtraction Policy

D - 04 DASD Minimum Deliverables (2026.03.11)

E - 05B Design-Build Agreement Sample for MOCAP

F - 06 2023 Reimbursables_Policy

G - 07 Cleveland City-Wide Asbestos Policy (2017.05.19)

H - 08 City of Cleveland Sustainable Building Policy 2013-04

I - 09 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

J - 10 FORM CWM-7 DEMOLITION WASTE

K - 11 FORM CWM-8 CONSTRUCTION WASTE

L - 12 PART B - General Conditions (final 8-28-25)

M - 13 PART C - SUPPLEMENTAL GENERAL CONDITIONS__2025_09_16

N - 14 PW NOTICE -Valerie Harvey (2024.12.27)

O - 15 Prev Wage Notification (2024.12.27)

P - 16 PW CONTRACTOR RESPONSIBILITY - OHIO (2024.12.27)

#AR2612

Title: Payne Avenue Improvements

Q - 17 PW NOTIFICATION TO EMPLOYEE - OHIO (2024.12.27)

R - 18 PW AFFIDAVIT OF COMPLIANCE - OHIO (2024.12.27)

S - 19 PW THRESHOLD LEVELS - OHIO (2024.01.01)

T - 20 PW INSTRUCTIONS FOR PREPARING CERTIFIED REPORTS - OHIO

(2024.12.27)

U - 21 PW CERTIFIED PAYROLL REPORT - OHIO (2024.12.27)

V - 22 PW RATES - COVER LETTER (2024.12.27)

W - 23 Wage Theft PDF Version

X - Payne Avenue Criteria Documents

Y - 2023 Payne Avenue Condition Assessment Report

Z - Payne_RFP MAILING LIST - DB

1. Scope of Services

1.1. Program

It is the City’s intent to hire an experienced, communicative, responsive, and collaborative Contractor with a creative Architectural and Engineering Team (“Consultant”) qualified in Design-Build construction. The Contractor and its Consultant is to provide full design and construction services outlined below.

Site Design

Site work will include pavement and sidewalk repair to enable accessibility and extension of district chilled water to the southwest corner of the building from a nearby loop. Overall site disturbance is expected to remain under a half acre. Storm and sanitary systems should be scoped and functionally verified. Site lighting should be updated.

Architectural & Interiors Improvements

Historic Considerations: The scope of work involves the renovation and modification of 2001 Payne Ave. for use as office space by the City of Cleveland. Built in 1925, the building was the home of the Cleveland Police

Department Central Station. Known as the Third Central Station, it notably housed the office of Elliot Ness during his time as Safety Director in Cleveland. There are still several areas of the building that retain their historic character. Improvements in public spaces on Floors 1 and 2 should match historic and restore/repair remaining historical finishes and fixtures. Scope on other floors that have been modified from original during past renovations should focus on integrating seamlessly with all exterior walls so as not to affect historic facades.

Basement: The scope of work includes the removal of non-structural partition walls where indicated. New walls will be constructed within the Generator Room to accommodate the updated mechanical system. Three

(3) new ADA-compliant restrooms will be provided. A new door will be installed to serve the designated

Trash Room. The existing maintenance room will be reconfigured into a Fire Pump Room. A new technology closet will also be created. Lighting will be upgraded to meet standard office illumination requirements. All finishes will be patched and repaired as necessary.

Floor 1: Work on this level includes the removal of non-structural partition walls where noted. Four (4) new

ADA-compliant restrooms will be constructed in proximity to the existing restrooms, along with two (2) additional ADA-compliant single-user restrooms located within the northeast and southwest office areas. The existing two (2) restrooms within the southeast offices will be retained, with the removal of existing showers.

A new security office and defined entry sequence will be established. The room located at west of the south entrance will be restored for use as a community room. Historic hallways and entrances will be preserved.

Finishes will be repaired and replaced in kind, as required.

Floor 2: The proposed work includes the removal of non-structural partition walls where indicated. Two (2) new ganged restrooms will be constructed. The historic courtroom will be repurposed as a lounge and break room. A new technology closet will be installed east of the main stair. A new partition wall will be constructed to separate office spaces on the west side of the building. Historic hallways will be preserved. Repairs and replacement of finishes will be completed in kind as necessary.

Floor 3: The scope includes the removal of non-structural partition walls where noted. Existing restrooms will be repaired and upgraded as required.

Floor 4: Work includes the removal of non-structural partition walls where indicated. Existing restrooms will be repaired, and one (1) new ADA-compliant single-user restroom will be constructed. A new technology closet will be provided south of the fire stair.

Floor 5: The scope includes the removal of non-structural partition walls where noted. A new technology closet will be constructed south of the fire stair. In addition, a new mechanical room will be created on the east side of the floor.

Floor 6: This level will remain unoccupied, and all existing furnishings will be removed. A new mechanical area will be established on the east side of the floor.

Envelope & Roof Improvements

Improvements include the replacement of select windows to support the newly designated mechanical spaces and operability. Windows, façade elements, and historic stonework will be patched and repaired as necessary to maintain integrity and appearance. Roofing should be replaced.

Mechanical & Plumbing Systems

District chilled water will be extended to the building along with the existing steam services. All existing sanitary/storm piping will be replaced. Domestic water distribution piping will be replaced back to the service entrance. A booster pump will be required.

Electrical Systems

Existing electrical distribution will be removed and replaced with a new 2000A, 277/480V, 3-Phase, 4 Wire

System. A new diesel generator will be installed for emergency loads. Lighting will be replaced with LED fixtures throughout.

Fire Protection

A complete automatic fire suppression sprinkler system shall be provided for the entire building. Existing infrastructure should be replaced. The existing fire alarm will be replaced.

See attached architectural & engineering criteria documents for more detailed scope.

1.2. Possible Separate Bid Packages

Based on any opportunity agreed upon with the Director of the Mayor’s Office of Capital Projects, the

Design-Builder shall be responsible to evaluate the advantages and disadvantages of the need for separate bid packages that best serve the economic interests of the City.

1.3. City’s Consultants

The City of Cleveland has retained a bridging criteria Architect and Engineering Consultant(s)

(“Consultant” “City’s Consultant” “Architect” “Engineer” “A-E” “Criteria Designer”) through the end of

Construction, of which will remain contractually under the City of Cleveland or its’ Designee. The

Consultants shall advise and consult with the City, and may perform such tasks as submittal and RFI review, field verification, meeting attendance, and other customary Construction Administration activities.

1.4. Existing Documentation Brief

Through the 2026 2001 Payne Avenue Criteria Documents, MOCAP and its' Consultant Team have compiled documents with existing conditions, facility needs, and schematic-level plans which capture the

Owner's intended scope and overall project intent.

See the included package for reference.

MOCAP and the Owner’s Representative Team have compiled design criteria documents which capture the owner’s intended function for the building systems affected by this work. This information will serve as a basis for the overall project intent. See the attached Design Criteria Documents dated July 2026, and the Facility Condition Assessment dated July 2023 for reference scope of work and services.

2. Stages

2.1. Stages

Below are the brief outlined phases of the Project.

Due Diligence and Early Design:

This is work prior to execution of the design-build amendment. Here, the Design-Build Team will gather and document information related to the existing physical conditions and project needs, conduct project kick-off workshops, complete various other activities to establish goals and constraints of the project, and develop, document, and present design solutions through Design Development for the purpose of attaining an approved design set, and a Guaranteed Maximum Price (GMP).

• Phase A: Existing Conditions Verification

• Phase C: Technical Review and Schematic Design

• Phase D: Design Development

Execution of the GMP Construction Amendment:

This is work including development and execution of the GMP Amendment prior to Construction

Documents.

• Phase E: Design-Builder’s Final GMP Review

• Phase F: Execution of the Design-Build Amendment

Detailed Design and Construction:

This is work following approval of the design, whereas the Design-Builder will progress into

Construction Documents in accordance with project requirements. Efforts will also correlate with the sequence of construction of the project.

• Phase G: Construction Documents

• Phase H: Permit Attainment

• Phase I: Construction Administration

• Phase J: Closeout

Administrative Phase Requirements

Below is the outlined administrative and project management requirements for each Stage and Phase to be included in the Design-Built Teams’ fee. All meetings are to be hosted by the Design-Build Team with agenda and minutes, and in person, with exact nature of the meetings are to be determined with the City’s

PM. Coordination, communication, and quality control is expected through the entirety of the project.

Phase A: Existing Conditions Verification

• Kickoff with City staff, establishing phase goals.

• Due diligence field verification including all applicable disciplines. Exact duration required is up to the Consultant.

• Bi-Weekly meetings with agenda and minutes.

• Review meetings for reports, surveys, and preliminary code analysis.

Phase B: Not Used.

Phase C1: Technical Review

• Review meeting of narratives, scope questions, field verification risk and concerns, recommendations, and code.

Phase C2: Schematic Design

• Bi-Weekly meetings with agenda and minutes.

• Review meeting to be model walk through or plan flip session.

• Public meetings including Landmarks, Design Review Committees, Planning, and other State, municipal, or local agency meeting.

• Provide an Excel spreadsheet encapsulating all City review comments with direction, feedback, solutions, etc. on the comments.

Phase D: Design Development

• Bi-Weekly meetings with agenda and minutes.

• Review meeting to be model walk through or plan flip session.

• Continuation of Public meeting needs.

• Provide an Excel spreadsheet encapsulating all City review comments with direction, feedback, solutions, etc. on the comments.

Phase E: Design-Builder’s GMP Proposal

• Provide Amendment Proposal with GMP.

• Assume OEO compliance will be requested including backup documentation.

• GMP negotiation exercises for unforeseen conditions or requests may be requested.

• The parties will engage in an "open book" pricing method in which all work shall be based upon competitive pricing that will be reviewed by the Contracting Authority and the Owner, the

Criteria A/E, and the D-B. The Contracting Authority and/or Owner shall have access to all books, records, documents and other data in the D-B's possession related to itself, its subcontractors and material suppliers pertaining to bidding, pricing or performance of the

Agreement.

Phase F: Execution of the Design-Build GMP Amendment

• Approval of the Amendment as a Construction Modification

Phase G: Construction Documents

• Bi-Weekly meetings with agenda and minutes.

• Review meeting to be model walk through or plan flip session.

• Continuation of Public meeting needs.

• Provide an Excel spreadsheet encapsulating all City review comments with direction, feedback, solutions, etc. on the comments.

Phase H: Permit Attainment

• Submit to all permitting authorities on behalf of the City, including but not limited local and state.

• Periodic AHJ follow-up including at the 30 day mark and weekly beyond.

• Response letter to AHJ comments.

• Public/ AHJ meetings related to permit attainment.

• Perform an AHJ review meeting as necessary, including create agenda and minutes with action items.

Phase I: Construction Administration

• Fee for CA shall be all-inclusive and unstipulated.

• General communication with the City and the General Contractor.

• Weekly OAC meetings in person.

• Bi-Weekly field visits - with observation report - can be in tandem with the OACs. For budgeting, assume no less than (2) total field visits by either the Architect or pertinent consultant per week.

Multiple on-site meetings may be requested during critical phases of construction and swapped for other weeks.

• Prior to the City, review and approve all A-E related requests for interpretation, submittals, cut sheets, and shop drawings. Mock-ups as required.

• Provide sketches, bulletins, and revised drawings for interpretation requests.

• Review and certify all pay applications for payment prior to the City, electronically.

• Review and approve all Field Changes and Field Change Requests.

• Provide (2) punch list walk through including (1) person for each discipline.

Phase J: Closeout

• Provide complete as-built condition drawings in PDF and CAD.

• Provide complete O&M Manuals.

• 1-year warranty walkthrough at approximately 10-11 months after construction.

• Resolve post-occupancy claims of deficient work during the 1-year warranty period.

Project Architect(s) and Engineer(s) of Record are expected to facilitate and interpret the needs of the

City and its’ End User. During Design, this includes, but is not limited to: Code Analysis and

Compliance; Existing Conditions Assessment; Design and Development; Exterior & Interior Finishes;

Contractor and Client provided FF&E Coordination; Construction Document and Consultant

Coordination; Permit Attainment and AHJ Coordination; and Final Construction Document Review and

Approval Support. During Construction, the Architect(s) and Engineer(s) of Record scope shall include, but is not limited to: Interpretation of the Construction Documents; Contractor Field Issue

Communication; Substitution Requests; Submittal Review; Bulletin Issuance; Field Observation Reports;

Punch List Creation and Review; and As-Built Document generation.

See the “DASD Minimum Consultant Design Requirements and Deliverables” for detailed information related to each Project Stage and Phase Deliverables, Documentation, Approval, and Phase Scope requirements.

2.2. City Agencies (Cleveland)

The Design-Builder shall consult in detail with the Director of the Mayor’s Office of Capital Projects

(MOCAP) and/or his designee and carefully analyze any information furnished by the Owner concerning the specific requirements of the Project, including but not limited to, design, construction, scheduling, budgetary, or operational requirements, limitations, and objectives. The Division of Architecture and Site

Development (DASD) will coordinate the project and will work closely with the Design-Builder in all phases of the development. The Design-Builder shall comply with all standards and directives established and issued by the Division of Architecture and Site Development. The City of Cleveland may retain an

Owner’s Representative Team to perform functions of DASD as needed.

This facility is located within the corporate limits of Cleveland, Ohio and all work shall comply with all local, state and/or federal standards and ordinances and revised codes, including but not limited to Ohio

Revised Code (O.R.C.) Chapter 153, as applicable to the scope of work. Compliance with these standards is mandatory by the Design-Builder and any resources needed to gain design compliance shall be borne by the Design-Builder.

3. Proposal Submission Requirements

3.1. COMPONENTS

Each Design-Builder shall electronically submit to the DASD two separate PDF files: one labelled

Design-Build Services Proposal, and one labeled Design-Build Fee Proposal.

3.2. SERVICES PROPOSAL

Cover Letter (One page): Clearly indicate contact information, including phone and e-mail, for project primary contact individual.

Project Approach (One Page): The Design-Builder shall include a description how they plan to achieve the goals of this project, with specific descriptions of information gathering, evaluation, prioritization design, phasing, and documentation, and of their management, technical, and QA/QC approach taking into account the unique project goals and constraints. Include a specific and complete list of proposed deliverables. Describe the methods utilized to track work progress, budgets, and deadlines to maintain schedule and budget.

Organization of the Design-Build Team (up to Two pages): Include a description of the Design-Build

Team, including the A-E professional services team and the construction team, including information regarding its primary business, its background and history, its organizational structure, QA/QC program, the number of employees, and commitment to diversity. This section should contain any additional information about the firm that the firm feels will assist in understanding the qualifications of the firm. It is required that there be a local component to the Design-Builder’s professional service team to facilitate response time to matters that require on-site reviews.

Project Team Qualifications (up to Two Pages Each): Include a list of all key employees to be assigned or employed on the Project by the Design-Builder. The resume of each such person shall be included in the Qualifications. The Proposal shall also identify the person who will be the primary day-to-day contact and any alternate personnel assigned. The DASD requests that only resumes of key employees be included in the Proposal and should focus on highlighting their relevant qualifications and experiences that will most likely be comparable to work as detailed in this RFP.

Licensure and Liability (One Page): Design-Builder shall provide professional licenses for any and all members of the Project Team including design/engineering firms, certificates of current professional liability insurance, and any associations of which they hold membership. This may be included with the

Qualifications.

Relevant Project Experience (One Page Each): Project sheets for completed relevant projects demonstrating ability to successfully lead and execute the type of work required for this project. Provide at least (3) completed municipal Design-Build projects as reference as the construction general contractor, and as a design professional. Denote past partnerships between the contractor and the design professional team.

Capacity to Perform Work (One Page): Provide a description of the capacity to perform work requested by describing the Team’s current workload, including consideration for current City project workload, and the availability of the staff to meet required schedules. Identify projects underway by the proposed Design-Build Team including, in brief, the projects’ stage of development.

Special Commendations (Optional – up to Two Pages): The Design-Builder shall provide any other pertinent data, information and other extraordinary circumstances which will clearly demonstrate their unique ability to provide the required Professional Services in a manner not detailed previously within this RFP.

Proposed Project Schedule (One Page): Provide a conceptual Project Schedule including design through closeout indicating a proposed timeline for the performances of all Services of this RFP. The

Design-Builder must be prepared to commence work immediately after the execution of a Contract for

Professional Services. Include Client review time and expectations based on calendar day and weeks. See sample below and edit to the scope:

Due Diligence – X Weeks

Programming – X Weeks

City Review – 2 Weeks

Schematic Design – X Weeks

City Review – 2 Weeks

Design Development – X Weeks

City Review – 2 Weeks

Design-Build Amendment

City Review and Processing – 16 Weeks

Construction Documents – X Weeks

Permitting – 6 Weeks

Construction and Construction Administration – 78 Weeks

Closeout – X Weeks

Compliance Affidavit: Non-Competitive Bid Contract Statement for the current calendar year is enclosed. All Design-Builders submitting proposals for contracts awarded on or after January 1 of this year must submit a notarized affidavit for this year. If award of contract extends into subsequent years, then an updated form shall be required. Submit the Non-Competitive Bid Contract Statement with the fee proposal.

Northern Ireland Fair Employment Practices Disclosure: Interested Consultants shall complete and submit the Northern Ireland Fair Employment Practices Disclosure form as part of their proposal, included.

Certificate of Insurance: Submit a Certificate of Insurance form indicating limits of professional services (errors and omissions) and general liability coverage as a separate attachment to their Proposal, and shall at all times during the term of the contract resulting from this RFP, maintain the following insurance coverage:

• The insurance company or companies providing the required insurance shall be authorized by the

Ohio Department of Insurance to do business in Ohio and rated “A” or above by A. M. Best

Company or equivalent. The Successful Proposer, as contractor, shall provide a copy of the policy or policies and any necessary endorsements, or a substitute for them satisfactory to and approved by the Director of Law, evidencing the required insurances upon execution of the contract.

• Professional liability insurance with limits of not less than $1,000,000.00 for each occurrence and subject to a deductible for each occurrence of not more than $1,000,000.00 per occurrence and in the aggregate, and if not written on an occurrence basis, shall be maintained for not less than two

(2) years after satisfactory completion and written acceptance of the services under the contract.

• Workers’ compensation and employer’s general liability insurance as provided under the laws of the State of Ohio.

• Statutory unemployment insurance protection for all of its employees.

• Such other insurance coverage(s) as the City may reasonably require.

• Certificate of Authorization or Certificate of Exemption: Submit a current “Certificate of

Authorization” or a “Certificate of Exemption” to practice as a Professional in the State of Ohio issued by the State of Ohio, for each specified discipline: Architecture, Structural Engineering, Electrical Engineering, Mechanical Engineering, Civil Engineering and Landscape Architecture.

Submit any other certifications, licenses, etc. to confirm professional competency in related services noted.

Construction Insurance and Bonding: Provide evidence of capacity to provide bonding in the amount of the Contract Sum, based on the estimated Construction Budget (e.g., a letter from its Surety or Sureties stating that the Proposer is eligible for the Performance Bond and Payment Bond for 100 percent of the estimated Contract Sum as required if the Proposer is selected), and a copy of the Proposer's certificate of insurance showing the Proposer's current limits of liability for commercial general liability, employer's liability, business automobile liability and professional liability. Failure of the Proposer to provide acceptable evidence of bonding capacity sufficient to complete the Project may result in disqualification of the Proposer and rejection of its Proposal.

3.3. FEE PROPOSAL

The Design-Build Fee Proposal shall be submitted as a separate pdf file in 8 1/2" × 11" format. Note that

OEO schedules, which contain Design-Build Fee information, should be part of the Design-Build Fee

Proposal and NOT part of the Design-Build Services Proposal. Content for this part of the Proposal

Submission shall be organized as follows:

Compensation Fee and Cost Proposal Schedule: The Design-Builder’s proposal shall indicate the proposed fee for each Phase of service, shall include an appropriate amount for inclusive reimbursable expenses in each Phase, and shall indicate a total Lump Sum Fee broken down by Phase as follows:

PROFESSIONAL SERVICES

1. Phase A: Existing Conditions Verification: __________

2. Phase C: Technical Review and Schematic Design: __________

3. Phase D: Design Development: __________

4. Phase G: Construction Documents: __________

5. Phase H: Permit Attainment: __________

6. Phase I: Construction Administration: __________

7. Phase J: Closeout: __________

8. Professional Services Subtotal (1+2+3+4+5+6+7): __________

9. Design Contingency (10% of 8): __________

TOTAL (8 + 9): __________

CONSTRUCTION

1. Construction Cost Proposal: _TBD

2. Allowance 1: Project Sign: $1,500.00

3. Allowance 2: Testing: $10,000.00

4. Allowance 3: Hazardous Material: $20,000.00

5. Allowance 4: Contractor Due Diligence: $20,000.00

Permit Fees: Plan review fees and construction permit fees are waived by the City of Cleveland Building and Housing Department. All other permits, inspections and/or permits falling outside the City of

Cleveland are not waived.

Contingency: The Contingency is eligible for use in performing Services necessary to complete the project as contemplated in this RFP but are unforeseen at the time of issuance of this RFP. Any change in

Services to be paid from this Contingency shall be preceded by a Clarification, an itemized scope and fee breakdown provided by the Design-Builder, and a written determination by the Director’s designee. The

Consultant’s cost for overhead, profit and other expenses contemplated for assessment against the

Contingency are to be included in the Lump Sum Fee.

Modifications and Amendments: Contingency will be used to capture scope and services changes unless the value exceeds the contingency. Additional scope resulting in additional Consultant fees and/or changes in Project schedule shall not carry forward until given written approval through either memo, letter, notice to proceed, or other formal mechanism. Providing additional services without written request may forfeit the Consultants’ right to additional compensation or time. The Consultant errantly excluding terms of the RFP and its’ Exhibits will not be grounds for an additional service, extension, or additional compensation.

Reimbursable Expenses: Expenses are to be included within the Design fee and not a separate expense.

Where Reimbursable expenses are considered above and beyond and approved by the Director, these shall be accounted for and reimbursed according to the City of Cleveland Professional Services Contracts

Reimbursable Policy included in this RFP. The Consultant shall identify all items along with estimated costs for any reimbursable expenses required to complete for each Component of the project. This shall include, but is not limited to: deliveries, postage, printing, reproduction, geotechnical services, surveys, testing, fees, permits, special inspection fees and any other approved expenses usually associated with this type of project. Reimbursable expenses, including subconsultant fees, shall be billed at cost invoiced, without any mark-up. Costs for mileage, travel, parking, tolls, lodging, meals and dues/membership fees to professional societies/organizations are NOT eligible for reimbursement and will not be considered. No qualification of the financial offer will be accepted. Reimbursable Expense Allowance amounts not expended in a previous Component may only be carried over to subsequent Components after written approval.

Contractor Due Diligence Allowance: This is an allowance to allow the Contractor or a Subcontractor to perform destructive or nondestructive exploratory work as needed to assist the design Consultants. It should not be used to offset any design consultant Professional Services for which the fee is to be included under Professional Services.

Professional Services Fee Proposal: The Fee Proposal shall indicate the makeup of your proposed fee including hourly rates, direct costs, overhead, profit, and indirect expenses based upon the total estimated hours to be spent to provide the services.

Proposal shall include hourly rates inclusive of all direct cost, overhead, benefits, profit, and any indirect expenses. Hourly rates will not be adjusted during the contract period. If hourly rates are different for additional services or resident field supervision service, state so in the proposal. Interested parties shall submit their Fee Proposal in the following manner outlined below, with additional fee rates and rate structures as required by the Scope. Although Consultant proposed cost per hour are not the deciding factor in the selection of the Consultant, it will be evaluated with other criteria herein and submitted with the proposal.

Principal: $_____________ per hour.

Primary Staff: $_____________ per hour.

Administrative Support: $____________ per hour.

Although Consultants’ proposed fees are not the deciding factor in the selection of the Consultant, it will be evaluated with other criteria herein and submitted with the proposal.

Design-Builder Fee Proposal: Proposers shall submit their Design-Build fee as a percentage, inclusive of all labor, travel, expenses, overhead, profit, insurance and non-construction bonding, and other soft costs and fees unless otherwise stated. The proposed fee percentage shall be for the entire Project throughout all phases as defined in this RFP, including but not limited to preconstruction through construction close-out services.

General Conditions and Construction Contingency are not to be included as part of this fee percentage. Fee

Rates shall not be renegotiated during the course of the project or any phase.

Proposers shall clearly identify:

The proposed fee percentage through design

The proposed fee percentage through construction

The proposed fee percentage through close-out

The basis on which the fee is calculated

Any assumptions or exclusions associated with the fee

Proposal shall include hourly rates inclusive of all direct cost, overhead, benefits, profit, and any indirect expenses. Hourly rates will not be adjusted during the contract period. If hourly rates are different for additional services or resident field supervision service, state so in the proposal. Interested parties shall submit their Fee Proposal in the following manner outlined below, with additional fee rates and rate structures as required by the Scope. Although proposed cost per hour rates are not the deciding factor in the selection, it will be evaluated with other criteria herein and submitted with the proposal.

Superintendent: $_____________ per hour.

Construction Manager: $_____________ per hour.

Support: $__________________ per hour.

Although proposed fee rates are not the deciding factor in the selection, it will be evaluated with other criteria herein and submitted with the proposal.

The City reserves the right to negotiate the final fee and fee structure with the selected Design-Builder.

Equal Opportunity Documentation: Enclosed is the Mayor’s Office of Equal Opportunity Cleveland

Area Business Code Notice to Bidders & Schedules. The Proposer must complete and sign each of the

Schedules 1 through 4 as per the instructions. The Proposer must complete and sign each of the Schedules

1 through 4 as per the instructions.

Determination of a Good Faith Effort will be based on the Design Services fees only.

The successful Proposal will be required to submit Schedules 1 through 4 for the Construction

Services portion of the contract prior to completion of Design Services and commencement of

Construction Services.

If the Contractor does not believe it will be able to meet the goals below, the Contractor must submit a narrative of why it cannot meet the goals as part of this RFP response. The narrative should include any future Design and Construction Phases to allow the DASD to process the request with OEO.

The subcontracting goals for this design-build project are:

Design Services:

• 10% Certified CSB

Construction Services:

• 15% Certified MBE

• 7% Certified FBE

• 8% Certified CSB

Note that many certified MBE and FBE firms are also certified as CSBs. Proposers are strongly encouraged to utilize firms which are also MBE and/or FBE to fulfill the CSB goals in an effort to maximize community benefits for this project.

The Cleveland Area Business Code, Chapter 187 of the Codified Ordinances Cleveland, Ohio, 1976, is incorporated in and made part of the RFP, and any resulting contract by this reference, as fully as if attached. Refer to Exhibits. This document is also available at ClevelandOhio.gov/oeo.

Requirements: During performance of this Agreement, Contractor shall comply with all applicable requirements of the Cleveland Area Business Code, Chapter 187 of the Codified Ordinances of

Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the Code. Specifically, compliance under any resulting agreement shall include, but not be limited to, the Contractor’s:

• Compliance with its proposal representations regarding CSB, MBE, and/or FBE participation in performance of the Agreement;

• Compliance and cooperation with Project Monitors, whether from the Mayor’s Office of Equal

Opportunity (the “OEO”) or the contracting department;

• Accurate, complete, and on-time submission of all reports, forms, and documents including, but not limited to, employment reports, certified payrolls, monitoring forms, and other information the Director of the OEO may require, whether in printed or electronic form, to ascertain and verify Contractor’s compliance; and

• Attendance at and participation in all required project meetings, including OEO compliance meetings, and progress meetings called by the contracting department’s director(s) at key intervals during performance of the contract services.

Compliance Requirements:

Under the Cleveland Area Business Code, the City of Cleveland is firmly committed to assisting Minority

Business Enterprises (MBEs), Female Business Enterprises (FBEs), and Cleveland – area Small

Businesses (CSBs) by providing and enhancing economic opportunities to participate in City contracts.

The successful Proposer for a contract will be a firm that shares that commitment. Accordingly, a

Proposer is strongly encouraged to utilize the services of qualified MBE/FBE/CSB sub-consultants that are certified by the Mayor’s Office of Equal Opportunity (the “OEO”) in its proposal.

Please review the attached Office of Equal Opportunity documents to ascertain the goal for the proposed contract. Proposers are required to make a good-faith effort to subcontract portions of the work to certified Minority Business Enterprise (“MBE”), Female Business Enterprise (“FBE”), and Cleveland – area Small Businesses (CSB) firms, consistent with the subcontracting goal(s) applicable to this RFP.

To document its good-faith effort to utilize certified MBE, FBE and CSB sub-consultants, each proposer must complete Schedules 1 through 4 found in the Cleveland Area Business Code – Notice to Bidders and

Schedules. These schedules identify the Proposer’s proposed use of MBE, FBE and CSB sub-consultants on the project, which evidences the proposer’s good-faith effort to obtain the participation of certified sub-consultants. The Proposer shall submit the completed forms with its proposal and they will be forwarded to the City’s Office of Equal Opportunity for evaluation. Failure to submit complete schedules may result in the rejection of a proposal. Proposers who do not make a good faith effort to meet the participation goal mentioned previously will not be considered “responsive.”

Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs and FBEs by checking the

City’s website at ClevelandOhio.Gov/oeo. On the Office of Equal Opportunity page, you will find a selection in the right-hand column for “B2Gnow Certification Registry.”

Proposers are responsible for obtaining the most current list and for contacting potential CSB/MBE/FBE sub-consultants. The City assumes no responsibility for matching prime consultants with qualified, certified MBE, FBE, and/or CSB sub-consultants.

The City Office of Equal Opportunity will monitor participation of MBE, FBE, and/or CSB sub-consultants throughout the duration of the engagement or project. The successful proposer, as contractor, will be responsible for providing the OEO with all information necessary to facilitate this monitoring.

Failure to Comply: When determining the Contractor’s future eligibility for a City contract, the City shall consider a Contractor’s failure to comply with the representations of its proposal and the requirements under the Code as a failure to faithfully perform a contract.

Consultants and Roles: Provide the applicable Consultants’ consulting firm, indicated as “City,” or state

“N/A” if deemed not applicable. Add additional disciplines or roles. Do not remove the discipline when not applicable.

DISCIPLINE CONSULTANT, CITY, OR N/A

Civil Consultant

Surveyor Consultant

Landscape Consultant

Architecture Consultant

Interior Design Consultant

Structural Consultant

Mechanical Consultant

Plumbing Consultant

Pool Specialist Consultant

Electrical Consultant

Telecomm/ IT Consultant

Fire Suppression Consultant

Fire Alarm Consultant

Food Service Consultant

Facility Condition Assessor Consultant

Where delegated design type work is integral to the scope of service, the consulting AOR or EOR is expected to provide concise design criteria for the Design-Builder which includes plans, design criteria specifications, narratives, and other information. All delegated design is to be accounted in the construction cost including Consultant fees as determined between the Design-Build Contractor, its’

Consultants, and its’ subcontractors.

Along with the Fee Schedule, provide the total attained subconsulting and subcontracting goals in the following format:

DESIGN SERVICES

Certified CSB XX%

CONSTRUCTION SERVICES

Certified MBE Anticipated XX%

Certified FBE Anticipated XX%

Certified CSB Anticipated XX%

3.4. Organization of Proposal

The Proposer should carefully read all instructions and requirements and furnish all information requested. If a Proposal does not comply with all terms, conditions, and requirements for submittal, the

City may consider it unacceptable and may reject it without further consideration. Marketing documents, such as brochures, advertisements, etc. shall not be permitted.

3.5. The City’s Right and Requirements

The Director, at his/her sole discretion, may require any Proposer to augment or supplement its proposal or to meet with the City’s designated representatives for interview or presentation to further describe the

Proposer’s qualifications and capabilities. The requested information, interview, meeting, or presentation shall be submitted or conducted, as appropriate, at a time and place the Director specifies.

Furthermore, the City reserves the right to modify the scope of services at any time before execution of a contract to add, delete, or otherwise amend any item(s), as it deems necessary, in its sole judgment, and in the best interests of the City.

The City reserves the right, at its sole discretion, to reject any proposal that is incomplete or unresponsive to the requests or requirements of this RFP. The City reserves the right to reject any or all proposals and to waive and accept any informality or discrepancy in the proposal or the process as may be in the City’s best interests.

3.6. Proposal as a Public Record

Under the laws of the State of Ohio, all parts of a proposal, other than trade secret or proprietary information and the fee proposal may be considered a public record which, if properly requested, the City must make available to the requester for inspection and copying. Therefore, to protect trade secret or proprietary information, the Proposer should clearly mark each page - but only that page - of its proposal that contains that information. The City will notify the proposer if such information in its proposal is requested, but cannot, however, guarantee the confidentiality of any proprietary or otherwise sensitive information in or with the proposal. Blanket marking of the entire proposal as “proprietary” or “trade secret” will not protect an entire proposal and is not acceptable.

4. Other Conditions and Information

4.1. Formats for Deliverables

All deliverables for all Components shall be submitted in native software formats (e.g.: “~.pdf” AND

“~.dwg” AutoCAD® for Drawing files; “~.pdf” AND “~.shp” ESRI® Shapefiles AND “~.gdb” ESRI®

Geodatabases AND “~.mxd” and/or “~.aprx” ESRI® maps/projects AND Microsoft Word® “~.doc” for

Specification files and Meeting Minutes; “~.pdf” AND Microsoft Project® for Project Schedules; “~.pdf”

AND “~.xls” for cost estimates) via electronic download at the end of each Component as Record

Deliverables. Files may be compressed in a “~.zip” file format.

4.2. Standard of Care

The standard of care of the services provided by the Consultant shall meet or exceed that level commonly expected of professional architects and engineers licensed to practice in the State of Ohio. The Consultant shall assume the role of state of Ohio licensed “Architect-of-Record,” “Engineer-of-Record,” and/or

“Designer-of-Record” as applicable for all work performed under the contract. All documents requiring permits for the work performed under the contract shall bear a current, active professional seal recognized and as required by the State of Ohio.

The Design-Builder shall assume the role of Design-Builder for all work performed under the contract and all entities that comprise the Design-Build team shall be licensed in the State of Ohio as required. All documents for the work performed under the contract shall bear a current, active professional seal recognized and as required by the State of Ohio.

Where delegated design type work is part of the scope of service that delegated design (unless specifically called out by the City) must be as part of the Design-Builder’s scope and fee. Including any A-E sealed drawings, permitting, coordination, and other requirements.

Upon request, the Design-Builder shall make field observations and conduct investigations, as required, to evaluate existing conditions during all Stages. Through the services of a sub-Consultant the Design-

Builder shall provide environmental assessment services to determine the extent and impact of the presence of hazardous materials within a project area. Individuals performing these services must be fully licensed to perform the services needed and shall work with the Design-Builder and the DASD to prepare scopes of work and cost estimates for remediation work.

4.3. Meeting Minutes

The Design-Builder (or designated Consultant) shall record and issue meeting minutes for all meetings, conferences, and conference calls attended by the Design-builder to all attendees. The designated entity is responsible for distribution and follow-up related to its’ sub-consultants and the City for action items, requested information, RFIs, schedules, and other Project updates.

The Design-Builder shall attend and participate in project meetings with various City departments/divisions and/or public meetings as required during all Stages and Phases.

4.4. Project Schedule

Design-Builder shall submit within ten (10) calendar days after the award and/or execution of the

Contract a Project Schedule which shall include:

• Proposed duration of each Phase in calendar days.

• Milestone dates including submittal review periods which incorporate Consulate QAQC periods.

• Allowance for reasonable time required for all reviews/approvals by all authorities including (3) weeks for City Design reviews.

• Allowance for bid and permit time, assuming 60 days for bidding and 45 days for permit.

• Allowance for a general Construction timeframe.

The Design-Builder shall produce, maintain, update biweekly, and submit the Project Schedule at each

Stage and Phase of the project, or as requested by the City or the Owner’s Representative Team. The

Design-Builder and its’ Consultant(s) is responsible for coordination and QAQC of its’ disciplines and related Contract Documents, as well as assurance of staffing availability to meet project goals and deadlines.

A full Gantt construction schedule with milestones and critical path shall be submitted within ten (10) calendar days of mobilization of construction activities. The Design-Builder shall produce, maintain, update biweekly, and submit the Project Schedule at each Stage and Phase of the project, or as requested by the City or the Owner’s Representative Team.

4.5. Management of the Budget

The Design-Builder shall be responsible for managing the Project Budget, and shall, during each Stage per the Scope of Design-Build Services described in this RFP:

• Provide Cost Estimates which break down cost by work area and/or system, and then organize in

CSI format appropriate to the level of project completion in Microsoft Excel, formatted for 8-1/2” x 11 paper.

• Review the Project Scope and Budget with the City and/or the Owner’s Representative Team and provide back-up documentation.

• Adjust the Project Scope and modify documents as necessary to ensure alignment of Project

Scope with the Project Budget.

The Contracting Authority and/or Owner shall have access to all books, records, documents and other data in the D-B's possession related to itself, its subcontractors and material suppliers pertaining to bidding, pricing or performance of the Agreement. The City shall not consider any Stage or Phase of the

Design-Build Services as complete, nor authorize the continuation of the Design-Builder’s Services, until satisfied that the Project Scope as defined in the Contract Documents can be achieved within the Project

Budget.

4.6. Unbalanced Bid

The City may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the City even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

4.7. Electronic Management of the Project

The Design-Builder shall be responsible for managing the Project through an electronic, online, cloud-based construction management tool such as Procore. At a minimum, the tool shall manage schedules, RFIs, Submittals, electronic drawing record(s), as-built drawings, and operations and maintenance documentation.

4.8. Design-Build Professional Services Payments

Payments for Professional Services shall be made in accordance with the Consultant’s Proposed Fee.

Herein, “Phase,” “Scope Item,” “Component,” ”Service,” or related nomenclature are generally the same.

Consultant shall be responsible for management of the Professional Services Fee as follows.

Requests for Payment, to include (provide sample for City approval) at a minimum:

• Fee Breakdown by Stage and Phase per Proposal. Including retaining and contingency as separate line items.

• Total fees by Phase, Percent Complete, Amount Earned, Previous Fee Billing, and Current

Billing by Component. With associated subtotals below.

• Reimbursable Expenses by Phase, broken down by Current, Prior, and Billed-to-Date.

• Contingency, when used, broken out by each approved contingency scope item indicating Total

Fee, Percent Complete, Amount Earned, Previous Fee Billing, and Current Billing.

• Amendments and Modifications beyond contingency, when needed, broken out into phases similar to b above.

• City’s internal Project # and Contract #.

• Only when hourly or if requested for auditing, staff logs/hours expended by phase requested. Do not provide if not Hourly Time and Expense.

• A-E Consultant’s fees shall be separate from Contractor pay applications but are to be invoiced under the AIA G742 Design-Builder to Owner – or approved equal - format.

• Consultant shall provide an invoice schedule within (10) calendar days of the accepted Project

Schedule for review of all phases. The invoice schedule does not need minutely updated unless major adjustments are needed.

• Requests for Payment shall be submitted on a monthly basis, based on current progress, including reimbursable expenses, for each Phase. A current progress set or documentation may be requested for justification.

• Final payment will be made only when all record and project close-out documents have been accepted by the City as complete.

• Any portions of Fees or Reimbursable Allowances not utilized for any Phase may only be utilized in later Phase or Scope with prior written authorization by the City.

Payments may not exceed 90% of each Stage or Phase until the Phase or Stage is satisfactorily completed and accepted by the City. Final payment will be made only when all record and project close-out documents have been accepted by the City as complete. Any portions of Fees or Allowances not utilized for any Stage or Phase may only be utilized in later Stages or Phases with prior written authorization by the City.

4.9. Design-Build Construction Services Payments

Design-Builder shall be responsible for management of the Construction Services Fee as follows: