Charter Ordinance No. 111  


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  • A CHARTER ORDINANCE AMENDING AND REPEALING CHARTER ORDINANCE NOS. 79 AND 94 OF THE CITY OF WICHITA, KANSAS; PERTAINING TO THE METHODS OF BUILDING PUBLIC IMPROVEMENT PROJECTS.

    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

    SECTION 1. Exemption from K.S.A. 13-1017. The city of Wichita, Kansas, a city of the first class by the power invested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and makes inapplicable to it, K.S.A. 13-1017, which applies only to cities of the first class and applies to said City, and provides substitute and additional provisions as herein set forth.

    SECTION 2. (Amended and repealed—See Charter Ordinance No. 151, § 1)

    SECTION 3. "Commencement of Improvement. Before any type of public improvement is commenced, the money to pay for the same shall be available in the City Treasury as provided by law or provision may be made for the issuance of internal improvement bonds to pay for any such improvements as provided by law."

    SECTION 4. (Amended and repealed—See Charter Ordinance No. 158)

    SECTION 5. "Design-Build Projects. (a) The provisions herein shall also not apply to projects that are constructed pursuant to a design-build method of construction. For purposes herein 'design-build' shall be defined to mean a method of constructing public improvements where one company or a consortium of companies are responsible for both design and construction under a lump-sum, fixed price contract that covers both design and construction activities. A design-build project shall be initiated by the City seeking invitations for proposals. Invitations for proposals shall contain project conditions, requirements and parameters.

    (b) Design-build proposals shall set forth a lump-sum, fixed price for work to be provided. Design-build projects shall be awarded on the basis of lowest lump-sum fixed price, design concepts, experience of company or consortium of companies submitting proposals and upon other pertinent criteria that shall be set by the City Council prior to the acceptance of proposals. Contracts for design-build projects do not have to be awarded solely upon the basis of lowest lump-sum, fixed price submitted. However, contracts shall be awarded to the lowest lump-sum, fixed price if all other criteria is equal or nearly equal. The City Council reserves the right to reject all proposals submitted."

    SECTION 6. Repeal. Charter Ordinance No. 79 and No. 94 of the City of Wichita are hereby repealed.

    SECTION 7. Publication. This Charter Ordinance shall be published once each week for two consecutive weeks in the official City paper.

    SECTION 8. Effective Date. This is a Charter Ordinance which shall take effect sixty-one (61) days after final publication, unless a sufficient petition for a referendum is filed requiring a referendum be held on the ordinance as provided in Article 12, Section 5, Subsection (c)(3), of the Constitution of the State of Kansas, in which case, the Ordinance shall become effective if approved by a majority of the electors voting thereon.

    PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this 13th day of September, 1988.

    SKEETS L. WINKLER
    Vice Mayor

    ATTEST: (SEAL)

    JOHN MOIR
    Director of Finance/City Clerk