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Code of Ordinances of Sioux Falls, SD
SIOUX FALLS, SOUTH DAKOTA CODE OF ORDINANCES
CHARTER
CHARTER PARALLEL REFERENCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
CODE OF ORDINANCES PARALLEL REFERENCES
FEE INDEX
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§ 36.033 ITEMS EXEMPT FROM COMPETITIVE BIDDING.
   The city may purchase, lease, or engage in the following without advertising for competitive bids:
   (a)   Storm-caused debris removal services.
   (b)   Sewer cleanup services.
   (c)   Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration.
   (d)   Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous 12 months.
   (e)   Any equipment repair contract.
   (f)   Any procurement of electric power, water, or natural gas; chemical and biological products; laboratory apparatus and appliances; published books, maps, periodicals and technical pamphlets; works of art for museum and public display; medical supplies; communications technologies, computer hardware and software, peripheral equipment, and related connectivity; tableware, or perishable foods.
   (g)   Any purchase of surplus property from another purchasing agency.
   (h)   Any animals purchased.
   (i)   Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in SDCL 5-18A-14.
   (j)   Any contract for asbestos removal in emergency response actions and any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services and engineering, insurance, real estate services, or auction services.
   (k)   Any purchase of equipment involving the expenditure of less than $50,000.
(1992 Code, § 34.5-12) (Ord. 25-96, passed 2-20-1996; Ord. 49-97, passed 7-7-1997; Ord. 8-99, passed 1-4-1999; Ord. 95-99, passed 9-20-1999; Ord. 55-00, passed 6-19-2000; Ord. 102-01, passed 11-13-2001; Ord. 8-03, passed 1-21-2003; Ord. 41-04, passed 4-19-2004; Ord. 51-10, passed 6-7-2010; Ord. 13-17, passed 1-17-2017)
§ 36.034 CAPITAL PROGRAM.
   (a)   The capital program required by Article V of the charter shall be a five-year plan for annual capital acquisitions to meet capital needs for the city. It shall identify and project funding to finance each project.
   (b)   Capital improvements consist of capital acquisitions including, but not limited to, land, buildings, equipment and infrastructure improvements. Capital improvements shall be defined within the city’s accounting manual and become capital assets on the city’s balance sheets.
   (c)   All pooled development driven street projects shall be prioritized by the capital improvement program committee and approved by the city council.
   (d)   The city council may amend the current capital program by resolution.
(1992 Code, § 34.5-13) (Ord. 83-96, passed 8-5-1996; Ord. 25-01, passed 3-12-2001; Ord. 13-04, passed 2-9-2004; Ord. 82-05, passed 8-5-2005)
§ 36.035 DESIGN-BUILD CONTRACTS.
   The performance criteria for any public improvement for which a design-build contract has been authorized by the city council may include the acquisition through deed or lease of the real property upon which the improvement is located.
(1992 Code, § 34.5-14) (Ord. 102-99, passed 10-4-1999)
§ 36.036 CONSTRUCTION MANAGER-AT-RISK AUTHORIZED.
   Notwithstanding any other provision of law, the city may construct public improvements using the construction manager-at-risk method of project delivery. The mayor shall, by executive order, establish rules for the administration of the construction manager-at-risk method of project delivery.
(1992 Code, § 34.5-15) (Ord. 110-00, passed 12-18-2000)
§ 36.037 CONSTRUCTION MANAGER-AT-RISK DEFINED.
   CONSTRUCTION MANAGER-AT-RISK means a city project delivery system in which:
   (a)   The city provides design services or there is a separate contract for design services, and there is a separate contract for construction services;
   (b)   The contract for construction services may be entered into at the same time as the contract for design services or at a later time;
   (c)   Design and construction of a project may be in sequential phases or concurrent phases;
   (d)   Labor, materials and other construction services, including financial services, maintenance services, operation’s services, preconstruction services and other related services may be included in contracts with construction managers-at-risk; and
   (e)   Construction services which are not competitively bid may be negotiated.
(1992 Code, § 34.5-16) (Ord. 110-00, passed 12-18-2000)
§ 36.038 COMPATIBILITY WITH OTHER LAWS.
   The city shall follow the procedures of the laws governing public improvement construction contracts to the extent these laws are compatible with the use of construction manager-at-risk contracts.
(1992 Code, § 34.5-17) (Ord. 110-00, passed 12-18-2000)
§ 36.039 CITY COUNCIL AUTHORIZATION.
   The city council shall, for each public improvement performed using the construction manager-at-risk method, determine by resolution that it is in the best interest of the public to enter into a contract to complete the public improvement.
(1992 Code, § 34.5-18) (Ord. 110-00, passed 12-18-2000)