Loading...
8.5 Construction Bid Charter CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 05/22/95 ~4:O0 P.~. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR ND. 8 City Manager AGENDA: ND. 5 BY: Dennis M. Kissinger BY: Item: Charter Ordinance No. 27 - A Charter Ordinance Exempting the city of Salina, Kansas from the Provisions of K.S.A. 13-1017, as amended. The City Commission heard a staff report and discussed this matter at a study session on May 15. This item involves use of the City's home rule powers under the Kansas Constitution to exempt itself from certain antiquated and inefficient state requirements on bidding of some city construction projects. These requirements apply only to fn'st class cities and are subject to home rule action. Our intent is to replace these rules with local policies for city projects. We will have a policy resolution for City Commission consideration at your June 5 meeting, at the time of second reading of this Charter Ordinance. Examples of cm'/rent inefficiencies from using this state mandated system include: A. Projects over $2,000 in cost require a sealed bid process, often causing delays and inefficiencies which are contrary to the public interest. Staff will recommend a project amount of $10,000 for sealed bids, with the City Commission having the flexibility to establish limits and alternate competitive processes. B. Currently, if all bids exceed the engineer's or architect's estimate the bids must be rejected. This inflexible rule has been a source of frustration for both the City and private contractors in past years and has actually cost the taxpayers' money and delays due to repeating the full bid process. The most flagrant example of this in recent years was a $50,000 city project for which the low bids exceeded the Engineers estimate by approximately $150; but the City Commission was forced to rebid the whole project. Two city projects in 1995 have been forced to a rebid situation, with no other options available. Staff will be proposing alternate procedures for Commission action when estimates are exceeded. Specifically, the Commission should be able to consider factors such as total project budget, size of the bid difference and reasons for the difference, then make a decision as to whether awarding a contract or rejecting all bids is in the public interest. COMMISS ION ACTION MOTION BY SECOND BY TO: CITY OF SALINA REQUEST FOR COMMI SS I ON ACT ION DATE TIME 05/22/95 t;: O0 P.M. AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR NO. City Manager AGENDA: ITEM NO. BY: Dennis M. Kissinger BY: Charter Ordinance No. 26 Page 2 Recommended Action: Approve Charter Ordinance 27 on first reading, and direct staff to prepare a proposed construction bid policy resolution prior to the June 5, 1995 meeting. Attachment COMMISS ION ACTION MOTION BY SECOND BY TO: 13-1017. Estimate of cost of improve- ments; contracts; bids; bond issue, when. Be- fore undertaking the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or any other public improvement of any street, highway, public grounds or' public building or facility, or any other kind of public improvement in any city of the first class is commenced or ordered by the governing body, or under its authority, a detailed estimate of the cost of the improve- ments shall be made under oath by the city engineer (or some other competent person, ap- pointed for such purposes by the governing body). Such estimate shall be submitted to the governing body for its action thereon. In all cases where the estimated cost of the contem- plated building, facility or other improvement amounts to more than $2,000, Sealed proposals for the improvement shall be invited by ad- vertisement, published by the city clerk once in the official city paper. The governing body shall let all such work by contract to the lowest responsible bidder, if there is any whose bid does not exceed the estimate. If no responsible person proposes to enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the same proceedings as before repeated, until some responsible person by sealed proposal of- fers to contract for the work at a price not exceeding the estimated cost. If no responsible bid is received within the estimate, the gov- erning body shall have power-to make the im- provement within the estimated cost thereof, and shall further have the power to purchase the necessary tools, machinery, apparatus and materials; employ the necessary labor; and con- struct the necessary plant or plants for the pur- pose of carrying into effect the provisions of this act. In no case shall the city be liable for anything beyond the estimat.ed cost or the orig- inal contract price for doing such work or mak- ing such improvements. Belbre any type of public improvements is commenced, the money to pay for the same must be available in the city treasury as pro- vided by law or provision may be made for the issuance of internal improvement bonds to pay for any such improvement as provided by law. This section shall not be construed to in- clude any repair or maintenance work not amounting to substantial alteration, addition or change in any structure, street or facility. "Public improvement" as used herein shall not include the making of repairs or the mainte- nance of any building, street, sidewalk or other public facility in such cities by employees of such cities or the malting of any expenditures from the city budget for such purposes. History: L. 1903, ch. 122, § 153; L. 1909, ch. 68, § 1; L. 1913, ch. 90, § 1; L. 1917, ch. 99, § 1; R.S. 1923,' § 13-1017; L. 1953, ch. 81, § 1; L. 1981, ch. 173, § 35; July 1. (First Published in The Salina Journal June , 1995) CHARTER ORDINANCE NUMBER 27 A CHARTER ORDINANCE EXEMPTING THE CITY OF SALINA, KANSAS FROM THE PROVISIONS OF K.S.A. 13-1017, AS AMENDED. BE IT ORDAINED by the governing body of the City of Salina, Kansas: Section 1. Election to Exempt. The City of Salina, Kansas, by the power vested in it in Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from the provisions ofK. S.A. 13-1017, as amended, part of an enactment which applies to this City, but does not apply uniformly to all cities. Section 2. Publication of Ordinance. This Charter Ordinance shall be published once each week for two consecutive weeks in The Salina Journal, the official city newspaper. Section 3. Effective Date. This Charter Ordinance shall take effect sixty (60) days after final publication, unless a sufficient petition is filed and a referendum held on the ordinance as provided in Article 12, Section 5(c) of the Constitution of the Sate of Kansas, in which case this Charter Ordinance shall become effective upon approval by a majority of the electors voting thereon. ADOPTED by the Board of Commissioners by not less than two-thirds (2/3) of the members elect voting in favor thereof and approved by the Mayor this 5th day of June, 1995. THE CITY OF SALINA, KANSAS By: John Divine, Mayor [SEAL] ATTEST Judy D. Long, City Clerk