§ 29-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative project delivery means an integrated comprehensive building design and construction process, including all procedures, actions, sequences of events, contractual relations, obligations, interrelations and various forms of agreement all aimed at the successful completion of the design and construction of buildings and other structures whereby a construction manager or general contractor or building design-build team is selected based on a qualifications and best value approach.

Ancillary technical services include, but shall not be limited to, geology services and other soil or subsurface investigation and testing services, surveying, adjusting and balancing air conditioning, ventilating, heating and other mechanical building systems and testing and consultant services that are determined by the agency to be required for the project.

Architect, engineer, real estate appraisal and land surveying services are those professional services within the scope of the practice of architecture, professional engineering, real estate appraisal or land surveying, as defined by the laws of the state.

Best value selection means a selection based upon objective criteria related to price, features, functions, life-cycle costs and other factors.

Blind trust means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust.

Building construction means furnishing labor, equipment, material or supplies used or consumed for the design, construction, alteration, renovation, repair or maintenance of a building or structure. Building construction does not include highways, roads, bridges, dams, turnpikes or related structures, or stand-alone parking lots.

Building design-build means a project for which the design and construction services are furnished under one contract.

Building design-build contract means a contract between the unified government and a design-builder to furnish the architecture or engineering and related design services required for a given public facilities construction project and to furnish the labor, materials and other construction services for such public project.

Building progressive design-build means a project for which the design and preconstruction services are furnished under one contract, followed by a guaranteed maximum price amendment to the contract upon the completion of a specified percentage of design services.

Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.

Change order means a written order signed by the purchasing director or the unified government administrator, directing the contractor to make changes which the changes clause of the contract authorizes the procurement officer to order without the consent of the contractor.

Confidential information means any information which is available to an employee only because of the employee's status as an employee of the unified government and is not a matter of public knowledge or available to the public on request.

Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it.

Construction means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.

Construction management at-risk contract means the contract whereby the unified government acquires from a construction manager or general contractor a series of preconstruction services and an at-risk financial obligation to carry out construction under a specified cost agreement.

Construction management at-risk services means the services provided by a firm which has entered into a contract with the unified government to be the construction manager or general contractor for the value and schedule of the contract for a project, which is to hold the trade contracts and execute the work for a project in a manner similar to a general contractor, and which is required to solicit competitive bids for the trade packages developed for the project and to enter into the trade contracts for a project with the lowest responsible bidder therefor. Construction management at-risk services may include, but are not limited to, scheduling, value analysis, system analysis, constructability reviews, progress document reviews, subcontractor involvement and prequalification, subcontractor bonding policy, budgeting and price guarantees and construction coordination.

Construction manager or general contractor means any individual, partnership, joint venture, corporation or other legal entity who is a member of the integrated project team with the unified government, design professional and other consultants that may be required for the project, who utilizes skill and knowledge of general contracting to perform preconstruction services and competitively procures and contracts with specialty contractors assuming the responsibility and the risk for construction delivery within a specified cost and schedule terms including a guaranteed maximum price.

Construction services means the process of planning, acquiring, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, excluding highways, roads, bridges, dams or related structures, or stand-alone parking lots.

Contract means all types of unified government agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, or construction.

Contract modification means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.

Contractor means any person having a contract with a governmental body.

Cooperative purchasing means procurement conducted by, or on behalf of, more than one public procurement unit, or by a public procurement unit with an external procurement activity.

Cost-reimbursement contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this chapter, and a fee, if any.

Data means recorded information, regardless of form or characteristic.

Design-builder means any individual, partnership, joint venture, corporation or other legal entity that furnishes the architectural or engineering services and construction services, whether by itself or through subcontracts.

Design criteria consultant means a person, corporation, partnership or other legal entity duly registered and authorized to practice architecture or professional engineering in this state pursuant to K.S.A. 74-7003, and amendments thereto, and who is employed by contract with the unified government to provide professional design and administrative services in connection with the preparation of the design criteria package.

Design criteria package means performance-oriented specifications for the public construction project sufficient to permit a design-builder to prepare a response to the unified government's request for proposals for a building design-build project.

Designee means a duly authorized representative of a person holding a superior position.

Direct or indirect participation means involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase requisition, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.

Disadvantaged business means a small business, which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.

Employee means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing personal services for any governmental body.

Established catalogue price means the price included in a catalogue, price list, schedule, or other form that:

(1)

Is regularly maintained by a manufacturer or contractor;

(2)

Is either published or otherwise available for inspection by customers; and

(3)

States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.

Excess supplies means any supplies other than expendable supplies having a remaining useful life but which are no longer required by the user department in possession of the supplies.

Expendable supplies means all tangible supplies other than nonexpendable supplies.

External procurement activity means any buying organization not located in the state which, if located in the state, would qualify as a public procurement unit. An agency of the United States is an external procurement activity.

Financial interest means:

(1)

Ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than $2,500.00 per year, or its equivalent;

(2)

Ownership of such interest in any property or any business as may be specified by the ethics commission; or

(3)

Holding a position in a business such as an officer, director, trustee, partner, employee, or the like or holding any position of management.

Firm means any individual, partnership, joint venture, corporation or other legal entity which is engaged in the business of providing construction management or general construction contracting services.

Governmental body means any department, office, commission, council, board, bureau, committee, institution, legislative body, agency, government corporation, or other establishment or official of the executive, legislative, or judicial branch of the unified government which is subject to the jurisdiction of the commissioners.

Grant means the furnishing by the city of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services, or construction; a contract resulting from such an award is not a grant but a procurement contract.

Gratuity means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

Guaranteed maximum price means the cost of the work as defined in the contract.

Immediate family means a spouse, children, parents, brothers and sisters, and such other relatives as may be designated by the ethics commission.

Invitation for bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

Nonexpendable supplies means all tangible supplies having an original acquisition cost of over $200.00 per unit and a probable useful life of more than one year.

Official responsibility means direct administrative or operating authority, whether intermediate or final, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove, or otherwise direct unified government action.

Parking lot means a designated area or parking structure for parking motor vehicles. A parking lot included as part of a building construction project shall be subject to the provisions of this act. A parking lot designed and constructed as a stand-alone project shall not be subject to the provisions of this act.

Preconstruction services means a series of services that can include, but are not necessarily limited to: Design review, scheduling, cost control, value engineering, constructability evaluation and preparation and coordination of bid packages.

Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including a description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

Procurement officer means any person designated by the purchasing director to enter into and administer contracts and make written determinations with respect thereto. The term also includes an authorized representative acting within the limits of authority.

Procuring agency means any governmental body other than the office of the purchasing director which is authorized by this chapter or its implementing regulations, or by way of delegation from the purchasing director, to enter into contracts.

Progressive design build contract means the contract whereby the unified government acquires from a design-builder design and preconstruction services and an obligation to carry out construction under a subsequent guaranteed maximum price amendment to the contract.

Project services means architectural, engineering services, land surveying, construction management at-risk services, ancillary technical services or other construction-related services determined by the unified government to be required by the project.

Public construction project means the process of designing, constructing, reconstructing, altering or renovating a public building or other structure. Public construction project does not include the process of designing, constructing, altering or repairing a public highway, road, bridge, dam, turnpike or related structure.

Public procurement unit means the state, any county, city, town, and any other subdivision of the state or public agency of any such subdivision, public authority, educational, health, or other institution, and to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services, and construction, and any nonprofit corporation operating a charitable hospital in the state.

Purchase description means the words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications attached to, or made a part of, the solicitation.

Purchase requisition means that document whereby a user department requests that a contract be entered into for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery schedule, transportation, criteria for evaluation, suggested sources of supply, and information supplied for the making of any written determination required by this chapter.

Purchasing director means the person holding the position created in section 29-46, as the head of the central procurement office of the unified government or his designee.

Regulation means the governmental body's statement, having general or particular applicability and future effect, designed to implement, interpret, or prescribe law or policy, or describing organization, procedure, or practice requirements, which has been promulgated in accordance with appropriate charter ordinance and ordinary ordinance provisions.

Request for proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

Responsible bidder or offeror means a person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity reliability, capacity, facilities, equipment, and credit which will assure good faith performance.

Responsive bidder means a person who has submitted a bid, which conforms in all material respects to the invitation for bids.

Services means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or memoranda of understanding.

Small business means a United States business which is independently owned and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in its field of operation.

Specification means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

Stipend means an amount paid to the unsuccessful and responsive firms to defray the cost of submission of phase II of the building design-build proposal.

Supplies means all property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land.

Surplus supplies means any supplies other than expendable supplies no longer having any use to the unified government. This includes obsolete supplies, scrap materials, and nonexpendable supplies that have completed their useful life cycle.

Unified government means consolidated governments of Wyandotte County/Kansas City, Kansas, excluding the cities of Edwardsville and Bonner Springs.

User department means any office or department of the unified government, which utilizes any supplies, services or construction procured under this chapter.

(Ord. No. 64497, § 1(1-301), 6-27-1983; Ord. No. O-73-17 , § 1, 12-21-2017; Ord. No. O-4-19 , § 1, 2-14-2019)