CHARTER ORDINANCE NO. 228  


Latest version.
  • A CHARTER ORDINANCE ESTABLISHING THE METHODS OF BUILDING PUBLIC IMPROVEMENT PROJECTS, EXEMPTING THE CITY OF WICHITA, KANSAS FROM THE PROVISIONS OF K.S.A. 13-1017 AND REPEALING CHARTER ORDINANCES 111, 151, 158, 198, 203, AND 222.

    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. "Requirements - Public Improvements.

    (a) Before the construction or reconstruction of any sidewalk, curb, gutter, bridge, pavement, sewer or the public improvement of any street, highway, public grounds, or construction, reconstruction or demolition of any public building or facility, or any other kind of public improvement in the City of Wichita is commenced or ordered by the governing body, or by the governing body of any Board, Authority, or other agency of the City which is granted the authority to make public improvements by the statutes of the State of Kansas, or under their authority, a detailed estimate of the cost of the improvements shall be made under oath by the City Engineer (or some other competent and credentialed city staff person). Such estimate shall be submitted to the appropriate governing body for its action thereon. In all cases where the estimated cost of the contemplated building, facility or other improvement amounts to more than fifty thousand dollars ($50,000.00), the governing body of the City, Board, Authority, or other agency of the City shall by a resolution determine whether the work can best be accomplished by the City forces or by contract. If the work is to be done by other than City forces, sealed proposals for the improvements shall be invited by advertisement, published by the City or any Board, Authority or other agency of the City once in the official City paper or as otherwise allowed by statute or ordinance. The appropriate governing body shall thereafter let all such work by contract to the lowest responsive and responsible bidder, if there is any whose bid does not exceed the estimate; provided that the appropriate governing body, in lieu of awarding the bid to the lowest responsive and responsible bidder, may reject all bids submitted. If all bids submitted exceed the estimated cost, the governing body may reject all bids or may accept the bid and contract with the lowest responsive and responsible bidder exceeding the engineer's estimate, if the governing body finds that course of action to be in the best interest of the City.

    (b) If the governing body rejects all responsive and responsible bids submitted or chooses to not enter into a contract at the lowest price exceeding the engineer's estimate, the same proceedings as before shall be repeated. Thereafter, if no responsive and responsible bid is received, the governing body shall have power to make the improvements 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 construct the necessary plant or plants for the purpose of carrying into effect the provisions of this ordinance.

    (c) The City Council may adopt by resolution a pre-bid qualification policy for bidders that sets standards that bidders must meet and maintain to be eligible to bid on City public improvement projects. If a pre-bid qualification policy is established, then the City shall not accept bids from bidders who do not meet pre-bid qualification standards that have been set for the public improvement project being bid. The City Council may adopt by ordinance the pre qualification standards used by any federal or State of Kansas agency, or those of any other Kansas municipality for standard or elective application to City projects, or may by resolution authorize staff to establish independent pre-bid qualification standards.

    (d) The City Council may also adopt by resolution a policy on change orders. If a change order policy is adopted then change orders exceeding fifty thousand dollars ($50,000.00), shall be exempt from bid requirements and exempt from separate City Council approval set forth herein, up to the authority limit pre-approved by City Council resolution. A policy that exempts bid requirements and separate City Council approval shall apply only to change orders that arise from unforeseen conditions that are discovered after bids are let and shall apply only to change orders that do not expand the scope of work to be performed under the original contract. A change order policy shall set a default authority level for staff on change orders exceeding fifty thousand dollars ($50,000.00) at ten percent (10%) of the original bid, but may allow City Council to set a staff authority level for change orders on any specific project at either a lesser or greater ratio to the original bid.

    (e) This section should not be construed to include any repair or maintenance work not amounting to substantial alteration, addition or change to any structure, street or facility. 'Public improvement' as used herein shall not include the making of repairs or the maintenance of any building, street, sidewalk or other public facility in the City by employees of the City, of a Board, Authority, or other agency of the City and shall not include the making of any expenditures from the City, Board, Authority, or other agency of the City for such purposes."

    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. "Exemptions from Bid Requirements.

    None of the requirements found in Section 2 of this Charter Ordinance shall apply under the following circumstances:

    (a) To improvements which are constructed on or to real estate owned by the City of Wichita and leased to a tenant industry under the authority of K.S.A. 12-1740, et seq ., as amended. In such cases, the tenant industry shall contract for such improvements, provided, that all the provisions of the Lease Agreement between the City of Wichita and such tenant industry and all City Codes shall be applicable to the construction of such improvements, provided, further that before the commencement of any such construction work the tenant industry shall provide instrument(s) of surety guaranteeing the full and faithful completion of construction of such improvements and in an amount to be approved by the City of Wichita, and provided, further that no funds derived from tax levies shall be employed in such construction;

    (b) To public improvements which are to be constructed on or to real estate owned, in whole or in part, by the City of Wichita and which public improvements are to be constructed by a developer pursuant to a development agreement between the City of Wichita and such developer; provided, that such developer has been chosen to develop such public improvements in accordance with all requirements of law and the procedures and policies of the City of Wichita; provided, further that all the provisions of such development agreement between the City of Wichita and the developer and all City Codes shall be applicable to the construction of such public improvements, provided, further that before the commencement of any such construction work the developer shall provide instruments of surety guaranteeing the full and faithful completion of construction of such improvements and in an amount to be approved by the City of Wichita, and provided, further that the provisions of this subsection may only be utilized if the governing body has, prior to the commencement of the construction of such public improvements, conducted a public hearing to consider whether to implement the provisions of this subsection and adopted an ordinance approving the said construction under the provisions of this Charter Ordinance, which ordinance shall be approved by at least two-thirds of the members of the governing body."

    SECTION 5. "Design-Build Projects.

    (a) The requirements of Section 2 of this Charter Ordinance shall also not apply to projects that are constructed according to a design-build method of construction. For purposes herein 'design-build' shall be defined to mean a method of constructing public improvements in which one company or a consortium of companies are responsible for both design and construction under a lump-sum, fixed price or a not to exceed price contract that covers both design and construction activities. This method is used to obtain the greatest constructed value for the disclosed project budget. 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 initial design concepts and the scope of work to be provided. Design-build projects shall be awarded on the basis of the greatest public value to be obtained, measured by design concepts, choice of and utilization of materials to best advantage, experience of company or consortium of companies submitting proposals, life cycle costing and upon other pertinent criteria that shall be set by the City Council prior to the acceptance of proposals. The City Council reserves the right to reject all proposals submitted."

    SECTION 6. "Construction Manager at Risk Projects.

    (a) The requirements of Section 2 of this Charter Ordinance shall also not apply to projects that are constructed according to a construction manager at risk method of construction. For purposes herein, 'construction manager at risk' shall be defined to mean a method of constructing public improvements in which one company or a consortium of companies is responsible for completion of a project at an agreed constructed value and on an agreed schedule, and is required to solicit competitive bids for the trade packages developed for the project and to enter into the trade contracts with the lowest responsible bidders. The competitive bids obtained on the trade packages shall be available for review and audit by the City and its representatives within three days upon request.

    (b) The construction manager at risk method may be used when the City Council finds that to do so will serve the public interest due to any of the following criteria: the potential of substantial savings of time or money, the ability to overlap design and construction phases is required to meet the needs of the end user, the need for an accelerated schedule to make repairs resulting from an emergency or exigency, or the project presents significant phasing or technical complexities or both requiring the use of an integrated team of designers and contractors to solve project challenges.

    (c) A construction manager at risk project shall be initiated by the City presenting invitations for proposals. A construction manager at risk shall be selected before completion of construction documents, and as early as the initiation of the project. Invitations for proposals shall contain project conditions, requirements and parameters. Submitted proposals shall address the proposer's experience with similar projects and the project delivery system, references from design professionals and owners of projects constructed using this delivery system, the proposer's project management approach, its identification and intended solution to the presenting project challenges, its bonding capacity, an overview of its preconstruction services, construction planning services, construction coordination services and safety plan, along with stated fees for all services, including general conditions, overhead and profits.

    (d) The construction manager at risk contract shall be awarded on the basis of the greatest public value to be obtained, measured by the criteria and elements of each project as identified in this Section, all of which are to be set by the City Council prior to the acceptance of proposals. The City Council reserves the right to reject all proposals submitted."

    SECTION 7. Repeal.

    Charter Ordinances No. 111, 151, 158, 198, 203 and 222 are hereby repealed.

    SECTION 8. Publication.

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

    SECTION 9. 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 28 day of March, 2017.

    /s/
          Jeff Longwell, Mayor

       

    Attest:

    /s/
          Karen Sublett, City Clerk

       

    Approved as to form:

    /s/
          Jennifer Magaña, City Attorney and Director of Law