Memorandum

City of Lawrence

TO:	Mayor and City Commissioners
FROM:	David L. Corliss, Interim City Manager
CC:	Debbie Van Saun, Assistant City Manager
Date:	August 17 , 2006
RE:	Charter Ordinance on Bidding Procedures

City legal staff is recommending the adoption of a new Charter Ordinance setting out the bidding procedures for public improvements. The existing Charter Ordinance No. 19 would be replaced by Charter Ordinance No. 38. We believe we have made significant improvements to the language of the charter ordinance, and have benefited by its review by Jerry Cooley, our bond counsel Gilmore & Bell, and city staff. This is not altering our current authority to waive the engineer’s estimate and accept bids which exceed that estimate, but is clarifying the language and procedures under this law. As noted in the attached material, such a waiver of project estimates is a common practice among other Kansas communities which have adopted charter ordinances on this subject. Additionally, the City has waived estimates on some previous projects in the past as noted in a review of projects bid in recent years. Steve Glass has provided comments on the proposed charter ordinance. As staff understands Mr. Glass’s comments, he proposes that waiving the estimate only be allowed if the lowest bid does not exceed seven percent (7%) above the estimate.

Charter ordinances require a super-majority (four affirmative) vote from the City Commission.

Recommendation: Authorize placement of Charter Ordinance No. 38, as drafted, on a future Commission consent agenda.