Properties Magazine February 2017 : Page 66

VANTAGE POINT Experts weigh in on industry issues 2017 – Changes to Ohio Public Contracting Rules S IAN FRANK tate construction spending in Ohio is big business – nearly a billion dollars annually in fact. Each year, the State of Ohio administers dozens of projects worth hundreds of millions of dol-lars. These projects provide substantial opportunities to design professionals, construction managers, trade contractors, suppliers, manufacturers and other vendors. tary and high schools. The State also modernized its project delivery process by supplementing its old guard – multi-prime approach – with more integrated processes, including Design-Build and Construction Manager at Risk (CMAR). Additionally, the State implemented a best value selection process for the revamped delivery methods, in lieu of the lowest and best bidder approach. Under the best value selection process, an eval-uation committee determines the best value based upon performance and pric-ing criteria specified in Chapter 153:1 of the Administrative Code. At the end of 2016, the OFCC reviewed the applicable provisions of the Code as part of a five-year review process, and recommended several changes in January 2017. The revisions are primarily ministerial and clarify references to OFCC specified contracts, MICHAEL FRANTZ, JR. The procurement and performance requirements for doing business with the State can be vastly different than private contracting, so companies that want to take advantage of these opportuni-ties must understand these unique rules, regulations and contractual obligations, as well as stay abreast of a changing landscape. The State has recently approved changes to its construction procedures, and is considering additional amendments that are expected to be implemented in 2017. In 2011, the State changed the way it does business when it ushered in legisla-tion known as “Construction Reform.” With the reforms, the State created the Ohio Facilities Construction Commission (OFCC), which is charged with over-seeing construction projects for state agencies, state-supported universities and community colleges, as well as elemen-Capitalize on Your Coverage. Mk a great impression! Make i i ! Contact C info@propertiesmag.com i f i to order d reprints or custom copies of articles originally published in Properties , which can be distributed to your existing and future clients. J J QJ L Q WL W UW U 6XSSRU ZLY]PJLWYV]PKLYZ :WV[SPNO[PUN[OLWYVMLZZPVUHS WYVQLJ[Z ILOPUKZ\JJLZZM\SJVUZ[Y\J[PVU ILOPUKZ\JJLZZM &DVW :WV[SPNO[PUN[OL Plan Ahead & Negotiate Wisely to Maximize Value Out Outparcels g Center Ou of Shopping INDUSTRY LEADER SINCE 1946 Exclusive | Focused | Informative | Dependable | Connected www.Propertiesmag.com 66 By Megan C. Zaidan, Esq. Walter | Haverfield LLP O value ad rs to create added of a retail center – allow developers utparcels – small lots on the periphery outparcels are more s, as outparcel utilized by banks or restaurants, to shopping centers. Outparcels are often features, such as specific featur increased visibility and ability to add attractive to these users based on the to the user’s business. a patio or drive-thru, which are important docu Recorded documents Developers will most often convey the parcels either by long-term ground lease or outright sale to the end user. From a developer’s perspec-tive, it may be necessary for the outparcel to be legally subdi-vided from the larger shopping center parcel as a condition of sale to the end user. If a devel-oper knows in the initial stages of development that it is likely to sell off one or more outpar-cels, it would be wise to create the separate parcels early in the development process. Such a pro-active approach is particu-larly important in jurisdictions with time-consuming subdivi-sion processes. The sub-dividing of the outparcel from the large shopping center could expedite subsequent sales of any such out-parcels created. the Alternatively, developer may require the end-user to cause the parcels to be subdivided; however, the developer will need to remain involved and aware of the subdivision plans Legal subdivisions Megan C. Zaidan, Esq. Equally important for the devel-oper is to ensure that outparcel plans independently meet or exceed applicable parking requirements From a developer’s perspective, it may be necessary for [an] outparcel to be legally subdivided from [a] larger shopping center parcel as a condition of sale to the end user. ce subdivided, the respec-Once t developer bligations of the tive obligations own (or ground he parcel owner and the ) will likely be governed lessee) Easement Reciproca by a Reciprocal ement (an “REA”). The Agreement fort each party’s REA will set forth such as ma ation for matters obligation ss, utilities, maintenance access, and insurance. In addition, m also look to the developer may ose certain operating and impose upon the restrict ding restrictions building the REA, with arcel within outparcel heigh restrictions to uding height including constructed build ure any building ensure not block the vis-eon will no thereon signage of the shopping ty or signag ibility tenant ter’s tenants. center’s developer may also look he develop The number of tenants or imit the nu to limit lo If the outparcel s of the lot. users is not restricted to a single user, it develop into a multi-ten-could be developed that could eventually rip-center t ant strip-center compe with the larger compete center for small shoppi shopping shop tenants. Finally, the would likely look develo developer architectural in to include and signage standards for the outparcel, so it con-form with the shopping forms ensuring a more cent center, Geis Companies By Dan Maurer Expanding Oppor | Photos by Marco hits the road to tunity build $80 million Thermo Fisher Thermo Fisher massive $170 lion project Scientific, a mil-based in Boston-Fisher multination that incorporate downtown Cleveland Scientific in product developmen al, biotechnology s the East Bay Administrative the Cuyahoga County of California, region t company with enues of $17 prompted by Headquarter rev-tion of billion. In fact Metropolitan the expira-s, The th existing l nea l 60% h t l Scientific facility Center he Geis Compan ies Streetsboro-based has been busy in Northeas t Ohio in 2014. company completed Brecksville, a Within the past a 110,000-square-foo 75,000-square-foot 12 months, the t medical device aluminum dye call center for Panther Logistics casting facility facility for AMT in building for in Firefighters Commun Twinsburg for General Dye. in Medina and a 90,000-sq uare-foot It finished a service center ity Credit Union 12,000-square-foot addition for in Cuyahoga Steel Warehou office Hofbräuhaus Heights, plus se of Ohio. More Cleveland. a 40,000-square-foot recently, the Garnering company also the most buzz, Geis unveiled The completed for 9, the T Zecchin/Image Properties | February 2017

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