Section 99.02.151 Charter Ord. 151 -
CHARTER ORDINANCE NO. 151
A CHARTER ORDINANC E AMENDING SECTION 2 OF CHARTER ORDINANCE NO. 111 PERTAINING
TO THE METHODS OF BUILDING PUBLIC IMPRO VEMENT PROJECTS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SECTION 1. Section 2 of Charter Ordinance No. 111 is amended to read as
follows:
"Requirements -- Public Improvements. (A) Before the construction
or rec onstruction of any
sidewalk, curb, gutter, bridge, pavement, sewer or the public improvement of
any street, highway, public grounds, or 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 person, appointed for such purposes
by the governing body). 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
Ten Thousand Dollars ($10,000 .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.
The appropriate governing body shall thereafter let all such work by contr act to the lowest 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 responsible bidder , may reject
all proposals submitted. 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.
(B) If the governing body rejects al l bids submitted or if no responsible
person proposes to enter into the contract at a price not exceeding the
estimated cost the same proceedings as before shall be repeated. Thereafter, if
no responsible bid is received within the estimate, 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 tool s, machinery, apparatus,
and materials; employ the necessary labor; and construct the necessary plan t
or plants for the purpose of carrying into effect the provisions of this act.
In no case shall the City, or any Board, Authority or other agency of the City
be liable for anything beyond the estimated cost or the original contract price
for doing such work or making such improvements.
(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 project s. If a pre-bid qualification policy
is established, then the City shall not accept bids from bidder s who do not
meet pre-bid qualification standards that have been set for the public
improvement project being bid.
(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 ten thousand
dollars ($10,000.0 0) shall be exempt from bid requirements set forth herein. A
policy that exempts bid requirements shall apply only to change orders that
arise from unforeseen conditions that are discovered after bid s 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 not allow
change orders in excess of $10,0 00.00 that exceed twenty-five percent (25%) of
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 2. Section 2 of Charter Ordinance No. 111 of the City of Wichita,
Kansas is hereby repealed.
SECTION 3. The Ordinance shall be published once each week for two consecutive
weeks in the official city newspaper.
SECTION 4. This is a charter ordinance and is hereby made subject to a vote of
the electors of the City of Wichita, Kansas. It shall take effect only if
approved by a majority of the electors voting t hereon.
PASSED BY THE GOVERNING BODY, not less than two-thirds of the members-elect
voting in favor thereof, this 9th day of March, 1993.
FRANK M. OJILE
Mayor
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