SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO.
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
1. Pre-bid workshop. A minimum of four times
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
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
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
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
1. That the following listed items are
included in the
(a) a copy of a Pre-bid Workshop
certificate or a pre-bid conference attendance
an employee of the bidder showing attendance at
workshop within 2 years before the bid date or
at the pre-bid conference for the contract
being bid on.
(b) a bid bond in the amount provided for
contract specification which has been issued by
company meeting Kansas City, Missouri,
(c) an Affidavit of Intended Utilization
Subcontractors to meet any MBE and WBE goals
for the project.
(d) an insurance certificate from an
company licensed to do business in the state of
showing that the bidder is insured for general
automobile liability and worker's compensation.
(e) a current occupational license from
or from the city in which its headquarters is
(where such licenses are issued).
(f) for a corporation a certificate from
in which it is incorporated showing that it is
standing at the time of the bid.
(g) for any business entity which is not
corporation but is not doing business in the
name of the
proprietor, a certificate from the Missouri
State showing that it has registered under the
(h) its federal employer identification
(i) a certificate of compliance from the
Relations Department of Kansas City or a
certificate from the jurisdiction in which it
does business (where such certificates are
2. That at the time of making the affidavit
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
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
occupational license and it will do so before
executes the contract.
(c) It has all City licenses needed to do
and will provide copies of such licenses to
(d) For foreign corporations, that it is
to register to do business in the State of
that it will do so and provide a certificate of
registration before Kansas City executes the
(e) It is current on its state
insurance payments either in the state of
companies doing business in the state or in the
which it usually does business for other
(f) It is current on its payment of
and Earnings Tax withholdings or, in the
that it has entered into an agreement with the
Treasurer liquidating the amount of Earnings
withholding due and establishing a plan for
(g) It is current on its payment of
state income tax withholding.
(h) It is current (paid through the most
days) on all fringe benefits which it is
required to pay
to trust funds excluding any contested benefits
subject to an ongoing hearing process.
(i) It has made all payments of the
on past and present projects including all
payments to fringe benefit trust funds but
contested payments that are subject to an
and which are disclosed in the affidavit.
(j) It will provide a Certificate of
from the Human Relations Department certifying
that it is
in affirmative action compliance with Article
26.228 - 26.235, Code of General Ordinances and
a copy to the department letting the contract
Kansas City executes the contract.
(k) It is experienced in contracts
qualify it for the work included in the bid and
will provide evidence of such experience,
references, from those for which it did the
3. That it will require its subcontractors
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
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.
Approved as to form and
Assistant City Attorney