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