Memorandum
City of
Department of Legal
Services
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TO: |
Dave Corliss, Interim City Manager |
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FROM: |
R. Scott Wagner, Legal Assistant |
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CC: |
Frank Reeb, City Clerk & Director
of Administrative Services |
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Date: |
August 4, 2006 |
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RE: |
K.S.A. 13-1017 |
Top Ten Kansas Cities
and K.S.A.
13-1017
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City[1] |
2005 Population |
Chartered out of K.S.A. 13-1017 |
Charter Ordinance |
Can Waive Engineer’s Estimate |
Other References |
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353,878 |
Yes |
Yes – but award cannot exceed estimate. Ch. Ord.
151: Sec. 1 (A)…if all bids submitted exceed the estimated cost, the governing
body may reject all bids or may negotiate with any bidder who has submitted a
responsive bid, beginning such negotiations with the bidder who has submitted
the lowest bid and continuing with the next lowest bidder and so on, and if
any such bidder agrees to perform the contract work for the estimated cost
may enter into a contract with such bidder. |
The current charter ordinance
allows the City to negotiate with the low bidder whose bid exceeds the
engineer’s estimate, but only on the basis that the award can be made within
the original estimate. |
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162,637 |
Yes |
No. 71 |
Yes. Sec. 2…if all bids exceed the estimated cost, the
governing Body may accept the bid and let the work by contract to the lowest
and best responsible bidder; but if that cost is greater than 7% over the
estimated cost, the department director of the department letting the bids or
his/her designee shall give a full explanation to the Governing Body of the
reason for the discrepancy. |
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Unified Gov’t |
145,010 |
Yes |
No. 82 |
Yes. Sec. 3-102. According to their procurement code, if the
lowest bid is less than 5% higher than the engineer’s estimate, the
purchasing director can enter into negotiations with the lowest responsible
bidder, including an adjustment of the bid elements to bring the negotiated
bid to within the engineer’s estimate.
If greater than 5% of the estimate, the project must be re-bid, unless
an emergency situation exists. |
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121,886 |
Yes |
No. 80 |
Yes. Sec. A12-28…in the event no bid is
received below the engineer’s estimate, or if no responsible person shall
propose to enter into the contract at a price not exceeding the estimated
cost, the engineer shall be authorized to reexamine his estimate. If in the opinion of the city engineer
there is no public benefit achieved by rebidding
the contract, then the city engineer is authorized to negotiate the contract
without rebidding…. |
Section
A12-28 of the City Code. |
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108,314 |
Yes |
No. 17 |
Yes. Ch. 3.5.030 City Code …shall be
purchased by competitive sealed bidding from the lowest responsive and
responsible bidder, after due notice inviting bids and unless specifically
provided otherwise herein. (b) Bid Evaluation and Award. The City Manager shall recommend to the
City Council an award as he determines to be most advantageous to the City,
taking into consideration price and any other pertinent evaluation factors. |
Chapter
3.5 of City Code |
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81,854 |
Yes |
No. 19 |
Yes. It has been City practice to waive
the engineer’s estimate when all bids exceed the estimate per charter
ordinance no. 19. See attached chart
of recent City project awards where the bid exceeded the engineer’s estimate. |
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56,186 |
Yes |
No. 34 |
Yes. No additional code provisions
adopted. Administrative practices in
place and per invitations to bid, that give discretion to the Director of
Public Works to recommend a bid (even if exceeding engineer’s estimate) if
determined to be in the best interests of the City. |
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46,578 |
Yes |
No. 13 |
Yes. Section 3. If no responsible person shall propose to
enter into the contract at a price not exceeding the estimated cost, all bids shall be rejected and the City
shall then have authority to enter into negotiations with the lowest bidder
and enter into a contract with such lowest bidder upon reaching mutually
agreeable conditions for both the City and such lowest bidder. |
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45,986 |
Yes |
No. 27 |
Yes. Sec. 2-235 (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
exceed the engineer’s estimate based upon a finding that such an award is in
the public interest… |
Chapter 2, Section 233 et seq. |
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42,548 |
Yes |
No. 52 |
Yes. Sec. 1 …If no responsible bid is received within
the estimate, the governing body shall have power to make the improvement
within the estimated cost thereof… |
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