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95-9699 AdministrationE401934 (Published in The Salina Journal August /2 , 1995) ORDINANCE NUMBER 95-9699 AN ORDINANCE AMENDING CHAPTER 2 OF THE SALINA CODE PERTAINING TO ADMINISTRATION, BY ADDING ARTICLE XII, PUBLIC IMPROVEMENT PROCEDURES BE IT ORDAINED, by the Governing Body of the City of Salina, Kansas: Section 1. That Chapter 2 of the Salina Code is hereby amended add Article XII to read as follows: "ARTICLE XII. PUBLIC IMPROVEMENT PROCEDURES Section 2-233. Policy 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 2-234. Definitions. Whenever used in this article, the following terms shall be defined as follows: (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 the 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 right 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 2-235. 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 2-236. 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 why the proposed contract exceeds budget. The governing body may award th contract based upon a finding that such an award is in the best 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 2-237. Change Orders. (1) 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 the contingency which are 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) 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 2-238. 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 2-239. 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." E401934 Section 2. 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. First reading: Second reading: TO uMAa hn Divine, Mayor ATTEST: JudD. ng, City erk July 24, 1995 August 7, 1995