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Home My WebLink AboutORDINANCE 1983-2002~~ ~~D3 Suggested by: Administration CITY OF KENAI ORDINANCE N0. 1983-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADDING KMC 7.15.035 TO ALLOW FOR THE SOLICITATION AND AWARD OF CONSTRUCTION CONTRACTS BY COMPETITIVE SEALED PROPOSAL. WHEREAS, the Kenai City Code now requires construction contracts over ~ 10,000 to be solicited and awarded by competitive sealed bid; and, WHEREAS, there are construction projects where award by competitive sealed bid is not practicable or advantageous to the City; and, WHEREAS, allowing such construction contracts to be awarded by competitive sealed proposal on some projects would be more practicable and advantageous, particularly where such projects could be done as "design build" projects; and, WHEREAS, it is in the best interest of the City to allow the City council to determine when construction projects should be done by a competitive sealed proposal process. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 7.15.035 (competitive sealed proposals for construction) be added to the Kenai Municipal Code as follows: 7.15.035 Competitive sealed proposals for construction. (a) When the City Council determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the City, a contract may be entered into by use of the competitive sealed proposals method. (b) Proposals shall-be solicited through a request for proposals. (c) When the City Council determines that it is advantageous to the City, the City may issue a request for proposals requesting the submission of offers to provide construction in accordance with a design provided by the offeror. (d) Adequate public notice of the request for proposals shall be given in the same manner as provided in KMC 7.15.040(a), provided the minimum time shall be thirty (30) calendar days. (e) A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. (f~ The request for proposals shall state the relative importance of price and other evaluation factors. (g) As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and Ordinance No. 1983-2002 Page 2 of 2 conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. (h) Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the City taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (i) Proposals shall be received at the time and place designated in the request for proposals, and shall be opened so as to avoid disclosing their contents to competing proponents during the process of negotiation. Proposals shall be open to public inspection only after the contract award. However, the City shall issue a notice of intent to award to all responding proposers at least seven (7) days prior to assembly approval. Upon request by a competing proponent, the recommended awardee's proposal shall be opened for review. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of January, 2003. JOHN J. wILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: December 18, 2002 Adopted: January 2, 2003 Effective: February 2, 2003 CITY OF KENAI ~~ ~~ e~:~ ~ ~a~~„ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 ._ FAX 907-283-3014 ~ rr.n.o~ 1IIII~ 1992 MEMORANDUM T0: Linda L. Snow, Cit Mana er Y g Cary Graves, City Attorney Jack La Shot, Public Works Manager Robert C. Springer, Building Official FROM: Keith Kornelis, Public Works Manager ~ DATE: November 26, 2002 SUBJECT: Design Build Attached is what the State of Alaska Department of Community and Economic Development has to say about Design Build. They list some advanta es and ~ ~ g disadvantages. Inmost cases, it would be better if the architect worked for the City instead of the contractor. Many times in the past, the City was in such a hurry to get the building built, we did not take enough time to thoroughly review the preliminary and final architectural drawings before it was bid. KK/jet chapter F~~e: Choose a Contracting Method Design-Build A design-build contract is a single agreement with one company to design and build your project. When you make adesign-build contract, you are choosing one company to both design and build your project. You may either choose a company you like and negotiate adesign- build contract with it, or you may ask several companies to bid on your project. If you get bids from several companies, compare them carefully. This can be difficult, since your project has not yet been designed. Give each bidder your project objectives and preliminary plans. Check each company's references, and be sure to talk to people in other communities where the company has worked. Get some. people in your community with contracting or building experience to help you interview the bidders and choose the best one. The key to a successful design- build project is the contractor's ability to put together a team of designers and builders who can work well with each other and with you. When you interview the bidders, talk to the main designers and builders for each company together and make sure they really can work together. You can use different methods of payment for the design and PAGE 34 Capital Project Management "Don't m design- contract cost-plus for the w project wi a guaran maximum price." construction parts of a design-build contract. For example, you can contract the design part on a professional fee basis and the construction part on affixed-price or modified cost-plus basis. If you want to use local workers for the construction part of the project, you might want acost-plus contract for that part, offering the contractor a higher fee if he uses local workers and offers training. If you want to do this, be sure to tell your bidders about it when you first ask for bids and let them know how many and what kind of local workers are available. Don't make adesign-build contract on acost- plus basis for the whole project without a guaranteed maximum price. It would be too easy for your project to end up costing far too much money. In many cases, you can hold .. .. ~..., off on making the ke a ke a construction contract until the ~ ~ ~ ~ , design is finished and you re . uild u~id certain that you like it. 8e . ~~ ~~ sure that any design-build on a Ott a ~ contract you make allows ~~ .~ ~ ~- ~ ~~- - ~ :: ~ `~~ basis basis you to end the contract if you ' don t Ike the design. If this hole hole happens, you may have to . start all over again at the hout hout beginning of the design . eed eed process with another a a b b ~ t t t compan . t v i f