KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140623 Introduction Date: 7/31/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JAMES, JR.
Title: Amending Chapter 3, Code of Ordinances, by enacting a new subsection 3-3(e) establishing a formal process for the selection of alternative construction delivery methods.

Legislation History
DateMinutesDescription
7/31/2014 Filed by the Clerk's office
7/31/2014 Referred to Transportation & Infrastructure Committee
8/14/2014 Hold On Agenda (9/4/2014)
9/4/2014 Do Pass as a Committee Substitute
9/4/2014 Assigned Third Read Calendar as Substituted
9/11/2014 Passed

View Attachments
FileTypeSizeDescription
140623.pdf Authenticated 246K Authenticated
ar 3-21.docx Other 18K AR 3-21
140623com.docx Compared Version 25K compared version

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140623

 

Amending Chapter 3, Code of Ordinances, by enacting a new subsection 3-3(e) establishing a formal process for the selection of alternative construction delivery methods.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 3-3. Contract Solicitation, Code of Ordinances of Kansas City, Missouri, is hereby amended by adding a new subsection 3-3(e) dealing with the selection process for alternative construction delivery methods, to read as follows:

 

Sec. 3-3. Contract solicitation.

 

(a) General standard. Except as otherwise provided in subsections (b) through (g) herein or the provisions of section 3-5, all city contracts shall be procured as follows:

 

(1) Contracts exceeding $150,000.00. If the contract's estimated consideration exceeds $150,000.00, the city shall issue public notice within a reasonable time as determined by the city manager, director of the contracting department, or the manager of procurement services when soliciting such contract, prior to the closing date of the solicitation. Such notice may be made by publication on the world wide web, appropriate print media, or any other means of publicly making the solicitation known to potential bidders or proposers. Sealed bids or proposals are required.

 

(2) Contracts between $2,000.01 and $150,000.00. If the contract's estimated consideration is between $2,000.01 and $150,000.00, unsealed bids or proposals shall be solicited by any reasonable method from at least three qualified sources, or fewer if less than three qualified sources shall exist. Sealed bids or proposals and public notice may be used in the city's discretion, but their use is not mandatory.

 

(3) Contracts $2,000.00 or less. If the contract's estimated consideration is $2,000.00 or less, or if the expense is to be incurred through the use of a procurement card pursuant to regulations implemented by the manager of procurement services or the director of finance, such regulations being hereby authorized, sealed or unsealed bids or proposals may be required in the city's discretion, but their use is not mandatory and the city is authorized to execute a contract without any solicitation.

 

(b) Design professional contracts. The city shall utilize a qualification based solicitation process and shall issue public notice within a reasonable time prior to the closing date of the solicitation requesting that a statement of qualifications be submitted by any firm seeking to provide architectural, engineering or land surveying services.

 

(c) Specialized procurements. The following procurement methodologies may be utilized subject to rules and regulations that may be adopted by the city manager or manager of procurement services from time-to-time, such methods being deemed likely to produce cost and times savings to the city and therefore deemed to be in the public's best interest:

 

(1) Reverse auction;

 

(2) Cooperative procurement, in which solicitation will be performed by the city or another entity;

 

(3) Piggybacking;

 

(4) Purchasing pool or cooperative;

 

(5) Sole brand purchase.

 

Notwithstanding the foregoing, the methods authorized in this subsection shall not be utilized to procure any construction contract, except for those providing for the maintenance or repair of any facility.

 

(d) Solicitation-exempted contracts. Solicitation shall not be required for the following contract types, provided however that solicitation shall not be precluded if the city manager, director of the contracting department, or the manager of procurement services when soliciting such contract on behalf of such department, determines that solicitation is in the city's best interests:

 

(1) Concession contracts, except for those solicited by the manager of procurement services;

 

(2) Cooperative agreements, to the extent such agreements are with any other municipality or political subdivision, or with an elective or appointive official thereof; or with a duly authorized agency of the United States, or of this state, or with other states or their municipalities or political subdivisions; or with any not-for-profit entity granted tax-exempt status under any provision of Section 501(c) of the Internal Revenue Code (26 U.S.C. ยง 501(c));

 

(3) Non-municipal agency contracts.

 

(e) Alternative construction delivery methods. The city shall utilize such solicitation methods as the contracting department shall determine to be in the city's best interest with regard to the particular project to be constructed.

 

(1)               The use of alternative construction delivery methods shall be subject to any rules and regulations that may be adopted by the city manager from time-to-time.

 

(2)               The formal establishment and adoption of a particular alternative construction delivery method including solicitation, selection, and award processes shall be subject to a period of public comment and feedback.

 

a.                   The public comment period shall be no less than 30 days.

 

b.                  The City Manager shall use reasonable and customary methods to notify the general public of such comment period.

 

c.                   After the end of the public comment period, the City Manager shall review the public comments for possible implementation into any proposed solicitation, selection, and award processes.

 

(3)               Design build is an already approved alternative construction delivery method codified in Section 3-31 and therefore, meets the criteria identified in subsection (2).

 

(4)               If an alternate or additional method of solicitation is required by city charter, federal or state law, ordinance, contract or grant terms, the alternate or additional method shall be utilized.

 

(5)            If a contract requires city council authorization as provided in Section 3-41, the city manager or the director of the contracting department shall notify the city council of the alternative construction delivery method chosen to procure the contract at least 14 days prior to the start of the bidding or solicitation process.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Nelson V. Munoz

Assistant City Attorney