SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 930143

 

Establishing minimum prequalification and bidding requirements for Kansas City construction contracts.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Article XI, Division 2, of the Administrative Code of the City of Kansas City is hereby amended by adding thereto a new section numbered A11.28 pertaining to minimum prequalification and bidding requirements on construction contracts:

 

Section A11.28. Prequalification and Bidding Requirements on City Construction Contracts.

 

A. Prequalification of contractors is required as follows on all City of Kansas City, Missouri, construction contracts administered by departments of Aviation, Public Works, Parks and Recreation, and Water and Pollution Control for $20,000.00 or more that contain public funds.

 

1. Pre-bid workshop. A minimum of four times annually,

the City of Kansas City, through one or more of its various departments, shall conduct a "Pre-bid Workshop" to instruct participants in the standard procedures and requirements of Kansas City construction contracts; and those who participate shall be given a certificate of attendance.

 

2. Pre-bid conference. The Director of a City

department letting a construction contract may, in his or her discretion, provide for a "Pre-bid Conference" within 30 days before the date that the bids are received. Those who attend the Pre-bid Conference shall be instructed in the procedures and requirements of Kansas City construction contracts; and shall be provided a letter confirming their attendance.

 

3. Attendance requirement. No contractor shall be

awarded a Kansas City construction contract unless it currently employs a representative who has either completed a Pre-bid Workshop given by Kansas City within two years before the bid date or attended a Pre-bid Conference given in connection with the contract awarded.

 

B. No bid on a Kansas City construction contract shall be opened and read unless there is affixed to the outside of the sealed envelope an affidavit, executed by the bidder, attesting to each of the following:

 

1. That the following listed items are included in the

bid documents:

 

(a) a copy of a Pre-bid Workshop attendance

certificate or a pre-bid conference attendance letter for

an employee of the bidder showing attendance at a

workshop within 2 years before the bid date or attendance

at the pre-bid conference for the contract being bid on.

 

(b) a bid bond in the amount provided for in the

contract specification which has been issued by a bonding

company meeting Kansas City, Missouri, standards.

 

(c) an Affidavit of Intended Utilization of

Subcontractors to meet any MBE and WBE goals specified

for the project.

 

(d) an insurance certificate from an insurance

company licensed to do business in the state of Missouri

showing that the bidder is insured for general liability,

automobile liability and worker's compensation.

 

(e) a current occupational license from Kansas City

or from the city in which its headquarters is located

(where such licenses are issued).

 

(f) for a corporation a certificate from the state

in which it is incorporated showing that it is in good

standing at the time of the bid.

 

(g) for any business entity which is not a

corporation but is not doing business in the name of the

proprietor, a certificate from the Missouri Secretary of

State showing that it has registered under the fictitious

name statute.

 

(h) its federal employer identification number.

 

(i) a certificate of compliance from the Human

Relations Department of Kansas City or a similar

certificate from the jurisdiction in which it usually

does business (where such certificates are issued).

 

2. That at the time of making the affidavit the bidder

is administratively qualified as indicated below or indicated it will furnish Kansas City the required evidence of such qualifications within the time frame indicated.

 

(a) It can provide insurance covering Kansas City

as provided in the contract documents and it will do so

before the contract is executed by Kansas City.

 

(b) It is qualified to obtain a Kansas City

occupational license and it will do so before Kansas City

executes the contract.

 

(c) It has all City licenses needed to do the work

and will provide copies of such licenses to Kansas City.

 

(d) For foreign corporations, that it is qualified

to register to do business in the State of Missouri and

that it will do so and provide a certificate of such

registration before Kansas City executes the contract.

 

(e) It is current on its state unemployment

insurance payments either in the state of Missouri for

companies doing business in the state or in the state in

which it usually does business for other companies.

 

(f) It is current on its payment of Earnings Tax

and Earnings Tax withholdings or, in the alternative,

that it has entered into an agreement with the City

Treasurer liquidating the amount of Earnings Tax

withholding due and establishing a plan for payment.

 

(g) It is current on its payment of federal and

state income tax withholding.

 

(h) It is current (paid through the most recent 60

days) on all fringe benefits which it is required to pay

to trust funds excluding any contested benefits that are

subject to an ongoing hearing process.

 

(i) It has made all payments of the prevailing wage

on past and present projects including all benefit

payments to fringe benefit trust funds but excluding any

contested payments that are subject to an ongoing dispute

and which are disclosed in the affidavit.

 

(j) It will provide a Certificate of Compliance

from the Human Relations Department certifying that it is

in affirmative action compliance with Article IX, Section

26.228 - 26.235, Code of General Ordinances and provide

a copy to the department letting the contract before

Kansas City executes the contract.

 

(k) It is experienced in contracts sufficient to

qualify it for the work included in the bid and that it

will provide evidence of such experience, including

references, from those for which it did the work.

 

3. That it will require its subcontractors (1) to

furnish certificates showing corporate good standing or appropriate fictitious name registration as indicated above (2) to have Kansas City occupational licenses in force at the time they do any work on the contract (3) to demonstrate that they have in force general and automobile liability insurance in the amounts provided for in the contract and Worker's Compensation insurance and that they are participants in the Missouri State unemployment fund (4) to certify that they are current (paid through most recent 60 days) on all fringe benefits which it is required to pay to trust funds excluding any contested benefits that are subject to an ongoing hearing process (5) to certify that all payments of the prevailing wage on past and present projects have been made including all benefit payments to fringe benefit trust funds but excluding any contested payments that are subject to an ongoing dispute and which are disclosed in the affidavit (6) to have a Certificate of Compliance from the Human Relations Department certifying they are in compliance with Article IX, Sections 26.228 - 26.235, Code of General Ordinances and (7) to furnish a Certificate of the City of Kansas City, Missouri, Earnings Tax compliance and affidavit of payment of all city, state and federal withholding taxes.

 

4. That the proposal contains no modifications,

deviations, riders or qualifications.

 

C. Any apparent low bidder that fails to provide all items required in subsection A11.28 shall be deemed non-responsive and disqualified for that project.

 

D. Any bidder submitting a false affidavit, either intentionally or negligently, shall be disqualified from bidding on Kansas City construction contracts for a period of six months from the date when the bid containing the false certification is opened.

 

E. The City Manager may adopt regulations in order to establish procedures to implement this policy.

 

F. The Director of the City department letting the contract may, in his or her discretion, impose additional prequalification requirements where it is deemed appropriate.

 

G. This ordinance will be effective 90 days after its effective date.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney