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Legislation #: 170166 Introduction Date: 3/2/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER
Title: Amending Chapter 3, Code of Ordinances, by adding a new Section 3-2 to require certain criteria be included in the instructions to bidders for construction contracts over $300,000.00; and establishing an effective date.

Legislation History
DateMinutesDescription
3/1/2017 Filed by the Clerk's office
3/2/2017 Referred to Finance and Governance Committee
3/8/2017 Do Pass as a Committee Substitute
3/9/2017 Assigned Third Read Calendar as Substituted
3/23/2017 Councilmember Wagner Move To Re-refer
3/23/2017 Re-Referred Finance and Governance Committee
3/29/2017 Advance and Do Pass as Second Committee Substitute, Debate
3/30/2017 Passed As Second Substitute

View Attachments
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170166.pdf Authenticated 107K Authenticated
170166 Color Compared 2nd CS to CS 3 27.pdf Compared Version 21K 170166 Color Comapred 2nd CS
170166 Final Compare CS to Ord from Comm 3.8.17.pdf Compared Version 52K Compared Version 170166

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170166

 

Amending Chapter 3, Code of Ordinances, by adding a new Section 3-2 to require certain criteria be included in the instructions to bidders for construction contracts over $300,000.00; and establishing an effective date.

 

BE IT ORDAINED BY THE COUNCIL CITY OF KANSAS CITY:

 

Section 1. That Chapter 3, Code of Ordinances of the City of Kansas City, Missouri is hereby amended by adding a new Section 3-2, to read as follows:

 

Sec. 3-2. Instructions to Bidders.

 

(a)    For any construction contract solicited by the city with an estimated consideration in excess of $300,000.00, the instructions to bidders shall contain provisions requiring any bidder to abide by the following criteria, provided however that the failure to include any required criteria in the instructions shall not invalidate any public improvement procurement or any contract:

 

(1)               Comply with all applicable laws required to do business in the State of Missouri and the City of Kansas City, Missouri, including those related to business licenses, the construction employment program, and minority and women’s business enterprises.

 

(2)               Obtain a Federal Employer Tax Identification Number or, for sole proprietors, Social Security Number.

 

(3)               Comply with the equal opportunity clause set forth in the Code of Ordinances, chapter 38, article III, section 38-103.

 

(4)               Provide certificates of insurance indicating the following coverages: general liability, workers’ compensation, completed operations, automobile, and product liability.

 

(5)               Certify it has not been found in violation of the Missouri Prevailing Wage Act within the last three years, or has been found in such violation but has made restitution to affected workmen and complied with any statutory penalty.

 

(6)               Participate in a training program that facilitates entry into the construction industry and which may include an on-the-job or in-house training program.

 

(7) Provide three (3) projects of similar scope as being performed in the immediate past five (5) years with the name, address and telephone number of the contact person having knowledge of the project and the dollar value of the project.

 

Nothing in this provision shall prohibit the city from requesting additional information in any instructions to bidders.

 

(b)   The city manager is authorized to waive the requirement for any criteria listed in subsection (a) when the city manager determines in writing that it is in the city’s best interest to do so. The city manager shall communicate any wavier under this subsection to the city council.

 

(c)    The city manager shall adopt rules and regulations to administer this section 3-2.

 

Section 2. That this ordinance shall become effective on September 1, 2017.

 

Section 3. That all contracts entered into by the city prior to the effective date of this ordinance shall continue in full force and effect and shall be carried to completion in accordance with the provisions of those ordinances in effect as of the date upon which such contracts became effective.

 

Section 4. That any contract solicitation or award having commenced prior to the effective date of this ordinance or otherwise pending or under consideration by the city council prior to the effective date of this ordinance shall remain unaffected and may be acted upon and disposed of as if they had originated and been introduced under the provisions of this ordinance.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Katherine Chandler

Assistant City Attorney