COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 061068
Repealing Committee Substitute for Resolution No. 040170 and amending Chapter 2, Code of Ordinances, by repealing Section
2-1585, Design-build contract, and enacting a new section in lieu thereof
entitled Alternative Construction Delivery Methods.
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 2-1585, Design-build contract, and enacting in
lieu thereof a new section of like number and subject matter, to read as
follows:
Sec. 2-1585. Alternative Construction
Delivery Methods
(a) Except as otherwise
provided in this section, all city construction contracts shall be awarded to
the lowest and best bidder or best proposer after due opportunity for
competition. The city manager is authorized to enter into any and all
construction contracts on behalf of the city.
(b) The city manager may award
a contract without soliciting bids or requesting proposals when it is in the
best interest of the city, subject to the provisions of section 2-1595 and
subsections (f) and (g).
(c) In lieu of awarding a
construction contract through a traditional design-bid-build process, the city
manager may utilize any of the following alternative construction delivery
methods:
(1)
Design-Build;
(2)
Competitive Sealed Proposals;
(3)
Cooperative Agreements with a private
or public entity;
(4)
Construction Management Services;
(5)
Any other alternative procurement
method as specified in rules and regulations adopted by the city manager.
(d) All contracts entered into
pursuant to this section shall comply with all applicable Federal and State
laws.
(e) All ordinances approving a
contract awarded without soliciting bids or proposals, shall include findings
by the city council explaining the factors justifying the award. Contracts
entered into by the city manager without council approval pursuant to
subsection (b), shall require a determination by the city manager stating the
factors that justified awarding a contract without soliciting bids or
proposals.
(f)
In selecting an alternative
construction delivery method and awarding a contract pursuant to subsection
(b), the city manager shall consider the following factors:
(1)
the needs of the city;
(2)
time requirements for the project and
potential time saving strategies;
(3)
the complexity of the project;
(4)
estimated project costs;
(5)
cost savings to the city;
(6)
private investment and financial
contributions that could be leveraged to complete the project;
(7)
the likelihood that the use of an
alternative procurement method will diminish competition for city contracts;
and
(8)
any other factor the city manager deems
to be in the citys best interest.
(g)
Except as otherwise provided by ordinance, in determining to whom
to award a contract, the city manager may consider the factors listed below. If the contract is awarded by a party other than the city
pursuant to a cooperative agreement between that party and the city, the party
awarding the contract shall consider, at a minimum, the same factors listed in
this subsection.
(1)
the cost submitted or proposed by the contractor;
(2)
the reputation of the contractor;
(3)
the quality of the contractor's goods or services;
(4)
previous relevant experience and technical capabilities of the
contractor;
(5)
the extent to which the contractors goods or services meet the citys
needs;
(6)
the contractors past relationship with the city;
(7)
the contractors ability to comply with the procedures
and requirements set forth in Chapter 38, Code of Ordinances;
(8)
any private investment or contribution, financial or otherwise, proposed
by the contractor to complete the project; and
(9)
any other relevant factor specifically listed in the solicitation of bids
or request for proposals.
(h) Design-Build Award and Contract. The city
manager may use any basis for awarding a design-build contract. The
city manager may choose the specified price structure or combinations of price
structures that is in the citys best interest based on the specific
requirements for each individual project. The city manager may utilize the
following design-build procurement methods:
(1) Best Value. Award to the responsible design-build
firm whose proposal is evaluated as providing the best value to the city, based
on any factors and method and formula the city manager determines appropriate
and includes in a request for proposals (RFP).
(2) Qualification-Based selection. Award to the
design-build firm selected through a request for qualifications (RFQ) process.
The design-builder is selected on qualifications alone. The city manager then
negotiates a contract with the selected firm.
(3) Two-Phase. A Two-Phase process consists of the use of
an RFQ to short-list qualified design-build firms, and the use of an RFP to
evaluate qualitative technical proposals and price proposals to determine the
lowest adjusted score and to select and award the contract.
(4) Low-Bid. A Low-Bid process is a 2-step process that
results in an award to the responsible design-build firm offering the proposal
that is the lowest priced and that is also technically responsive. If the
project solicitation includes a mandatory minimum technical level, no
proposal shall be considered responsive unless it meets that level.
(5) Fixed Price. In lieu of requiring qualitative
technical proposals and price proposals, the city manager may establish a fixed
dollar budget for the project in the RFP, and require submission of only
qualitative technical proposals, price being fixed for all proposers with the
award made to the proposal receiving the highest qualitative score.
(6) Other method established by rules or regulations.
(i) The city manager may promulgate rules and regulations to
implement the utilization of alternative construction delivery methods.
Section 2.
That Committee Substitute for Resolution No. 040170, passed by the City Council
on February 19, 2004, directing the City Manager to utilize the Citys
Design-Build Bidding Ordinance, Section 2-1585, Code of Ordinances, on up to
eight City projects assigned to the City Managers Capital Improvements
Management Office, is hereby repealed in its entirety.
_____________________________________________
Approved
as to form and legality:
___________________________________
Nelson
V. Munoz
Assistant City Attorney