Cleveland Construction Reform Legislation


City of Cleveland Introduces Construction Reform Legislation

Construction Reform legislation - Ordinance 1256-2023 - was introduced by Councilmen Kevin Bishop and Council President Blaine Griffin by departmental request.  The legislation looks to specify types of alternative construction delivery methods available to the City of Cleveland for public improvements.  Part of the intent of the legislation is to give developers more building tools.

The Ordinance would apply to an expenditure of more than fifty thousand dollars ($50,000.00), a contract for the work or construction, including contracts for planning, design, construction management, or other professional services or any public improvement and would allow the City to utilize various alternative construction contracting methods such as:

  • bridging design-build contracts; 
  • engineer-procure-construct contracts;
  • construction-management contracts; and
  • construction-manager-at-risk.

After a competitive qualifications-based selection process, which also takes into consideration the engineering and design, the proposed design and construction costs, the construction method, the schedule, the total life-cycle costs, the qualifications of the proposed design professional(s), construction firm(s) and construction management firm(s), the community benefits offered, and the risks and the objectives of the Improvement  -- the selection of the person, firm, or corporation to design, construct and/or manage the Improvement shall be made by the Board of Control on the nomination of the appropriate department director(s) from a list of qualified and available persons, firms, or corporations, as may be determined by the director(s) after making a full and complete canvass for the purpose of compiling the list.

The Board of Control would fix the total compensation to be paid for all design and construction and/or construction management, or any combination of them, necessary for the improvement.

The legislation will go to the Directors of Capital Projects, Public Works, Port Control, Public Utilities, Finance, and Law for review. It will then come back to Council’s Municipal Services and Properties, and Finance Diversity Equity and Inclusion Committees for deliberation. 

CEA has and will continue to work with and provide Council and the Administration background on this and other important issues to our industry.