8.4 POLICY Procedures Public Im CITY OF SALINA
REQUEST FOR COMMI SS I ON ACT ION
DATE T I ME
07/24/95 4:O0 P. M.
AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR
NO. 8 City Manager AGENDA:
NO. 4
BY: Dennis M. Kissinger BY :~/~
Item:
Ordinance No. 95-9699
AN ORDINANCE ESTABLISHING PROCEDURES FOR CONSTRUCTION, ADDITION,
SUBSTANTIAL ALTERATION, RECONSTRUCTION, REPAIR AND MAINTENANCE OF PUBLIC
~ IMPROVEMENTS
This ordinance provides lOcal policy and law governing construction contracting related to public
improvements. It is designed to address issues such as engineering estimates and some sealed bid procedures
which were. previously dealt with through K.S.A. 13 - 1017 (see Charter Ordinance No. 27): In addition, this
ordinance establishes and clarifies definitions and procedures for maintenance, repair, change orders, public
emergencies and reporting requirements. City staff believes it more comprehensively addresses these issues
and will lead to more responsive, efficient and cost-effective contracting procedures along with improvements
to reporting and accountability. We believe this ordinance enhances our public service capabilities.
It is intended for this ordinance to be included in the City Code as an ordinance of general applicability.
Recommended Action:
Approve Ordinance No. 95-9699 on first reading. Second reading would be August 7. Effective date would
coincide with Charter Ordinance 27 (September 27, 1995) unless a valid protest petition on the Charter
Ordinance is submitted.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
ORDINANCE NUMBER 95-9699
AN ORDINANCE ESTABLISHING PROCEDURES FOR CONSTRUCTION,
ADDITION, SUBSTANTIAL ALTERATION, RECONSTRUCTION, REPAIR, AND
MAINTENANCE OF PUBLIC IMPROVEMENTS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Poli~ Statement. In order to provide greater flexibility and clarity in the
city's procedures in contracting for services related to public improvements, the city has by
Charter Ordinance Number 27 exempted itself from K.S.A. 13-1017. In the interests of assuring
quality workmanship at the least public cost and providing a system which promotes fair
competition between qualified private contractors, the city wishes to adopt this statement of its
policies and procedures in contracting for services relating to construction, addition, substantial
alteration, repair and maintenance of public improvements.
Section 2. Definitions. For purposes of this resolution, the following terms shall have
thc meaning indicated.
(1) "Addition" shall mean a part added or joined to a main structure.
(2) "Competitive Practices" shall mean the process whereby potential contractors are
considered and a contract entered into upon the authority of the city manager on the basis of
experience, expertise, cost proposals, availability, or any other relevant factors in the public
interest.
(3) "Maintenance" shall mean to prevent a decline, lapse or cessation from an existing
state or condition.
(4) "New Construction" shall mean the creation of something new, as distinguished
from the repair or improvement of something already existing.
(5) "Public Emergency" shall mean any circumstance in which, in the opinion of the
city manager, an imminent threat to the public health, safety, or welfare can be abated only by
immediately contracting with a private contractor for either new construction, reconstruction, or
repair of a public improvement.
(6) "Public Improvement" shall mean any city owned building, facility, grounds, park,
sidewalk, curb, gutter, bridge, pavement, water or sanitary sewer system component, or storm
drainage system component:
(7) "Repair" shall mean to restore to a sound or good state after decay, injury,
dilapidation, or partial destruction.
(8) "Sealed Bid Process" shall mean the process whereby under authority of the
governing body (a) a detailed estimate of the cost of a public improvement project is made by
the city engineer or his designee; (b) sealed proposals for the project are invited by advertisement
published in the official city newspaper; and (c) the governing body lets the work for the project
to the responsible bidder submitting the lowest and best bid, taking into consideration any factors
relevant to furtherance of the public interest and reserving the fight to reject any and all bids for
any lawful reason.
(9) "Substantial alteration" shall mean a material change of a thing from one form or state
to another, thus making it different from what it was without destroying its identity.
Section 2. Process for New Construction, Addition, or Substantial Alteration.
Alteration of a public improvement to satisfy requirements governing accessibility for persons
with disabilities shall be accomplished by use of competitive practices. In the case of new
construction, an addition, or other substantial alteration to a public improvement with an
estimated cost:
(1) of $10,000 or less, the city shall utilize competitive practices in the awarding of
a contract.
(2) in excess of $10,000, the city shall utilize a sealed bid process in the awarding of
a contract. If all bids exceed the engineer's estimate, the city manager shall provide a report to
the governing body citing reasons why the bids exceed the engineer's estimate. The governing
body may award the contract notwithstanding the fact it exceeds the engineer's estimate based
upon a finding that such an award is in the public interest and that adequate funds are available
to complete the project.
Section 3. Process for Maintenance and Repairs. In the case of repairs to and
maintenance of public improvements, the city shall utilize competitive practices in the awarding
of a contract within budget. If the proposed contract for repairs or maintenance exceeds budget,
the city manager shall provide a report to the governing body citing the reasons for why the
proposed contract exceeds budget. The governing body may award the contract based upon a
fmding that such an award is in the public interest and that adequate funds are available. Nothing
herein shall prevent the city from using a sealed bid process for significant repairs and
maintenance projects.
Section 4. Chan~e Orders.
a. Project contingency. For each contract awarded by the governing body, the
governing body shall establish, and may amend from time to time, a project contingency based
upon the size and scope of the project. The city manager may authorize change orders within
the amount of thc contingency which arc not prompted by a change in the size or scope of the
project. The city manager shall make a monthly report to the governing body of any change
orders authorized within any project contingency.
2
b. Change in size or overall scope. Any proposed change orders which are
prompted by a proposed change in size or overall scope of the project shall require advance
approval of the governing body.
Section 5. Public Emergency. In cases of public emergency the city manager may enter
into contracts for construction, reconstruction or repair to public improvements on an expedited
basis necessary to protect the public health and safety. When emergency contract provisions are
used, at the next regular meeting of the board of city commissioners the city manager shall
provide a preliminary report on the emergency, actions taken, and an estimated cost. A final
report will be provided by the city manager once the emergency project is complete and all costs
known.
Section 6. Reporting Requirements. The city manager shall make regular reports to
the board of city commissioners outlining all maintenance, repair, accessibility alterations, or
other contracts in excess of $10,000 entered into using competitive practices.
Section 7. Effective Date. This ordinance shall be published once in the official city
newspaper following its adoption and shall be effective upon the effective date of Charter
Ordinance Number 27.
Introduced: July 24, 1995
Passed:
John Divine, Mayor
[SE d4
ATTEST:
Judy D. Long, City Clerk