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Legislation #: 090268 Introduction Date: 4/2/2009
Type: Ordinance Effective Date: 5/3/2009
Sponsor: None
Title: Waiving the requirement that the apparent low bidder on a construction contract submit a notarized contractor utilization plan within forty-eight hours after bid opening and authorizing the Director of Public Works to execute a contract with Leath _ Sons, Inc. for roadway improvements on 47th Street from West Pennsylvania to Broadway.

Legislation History
DateMinutesDescription
4/2/2009 Filed by the Clerk's office
4/2/2009 Referred to Transportation and Infrastructure Committee
4/16/2009 Do Pass
4/16/2009 Add to Consent Docket
4/23/2009 Passed

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ORDINANCE NO. 090268

Waiving the requirement that the apparent low bidder on a construction contract submit a notarized contractor utilization plan within forty-eight hours after bid opening and authorizing the Director of Public Works to execute a contract with Leath & Sons, Inc. for roadway improvements on 47th Street from West Pennsylvania to Broadway.

WHEREAS, bids for roadway improvements on 47th Street from West Pennsylvania to Broadway were opened on February 3, 2009, and Leath & Sons, Inc. was determined to be the apparent low bidder; and

WHEREAS, Leath & Sons, Inc. submitted its affidavit of intended utilization with its bid and indicated that it intended to use certified MBEs and WBEs in an amount that would have satisfied the 13% MBE and 6% WBE goals established for the project; and

WHEREAS, Leath & Sons, Inc. submitted its notarized contractor utilization plan to City approximately forty-nine hours following bid opening; and

WHEREAS, it is a material element of bid submission that the notarized contractor utilization plan be submitted within forty-eight hours following bid opening, such that Leath & Sons, Inc.s bid is otherwise rendered non-responsive by the hour delay; and

WHEREAS, Leath & Sons, Inc. had already identified sufficient MBE and WBE participation and there is no reason to believe that Leath & Sons, Inc. engaged in bid shopping or that the delay was attributable to anything other than a clerical oversight; and

WHEREAS, this roadway project is needed and will ensure that the public is not placed at risk with regard to any delay in making improvements to the roadway; and

WHEREAS, rebidding the project would cost the City valuable time and money, and awarding the contract to the second low bidder would increase the project costs by more than $48,000.00; and

WHEREAS, Section 38-91(b), Code of Ordinances, authorizes the City Council to waive the requirements of any provision of Chapter 38 and award a contract to a lowest and best bidder if the Council determines it is in the best interests of the City; and

WHEREAS, the Council hereby determines that it is in the best interests of the City that the requirements of Section 38-100.1(2) and (3), Code of Ordinances, be waived given the fact that the failure to file the contractor utilization plan in a timely manner does not reflect any indication to avoid or otherwise circumvent the requirements of the Citys M/WBE program and awarding the contract to Leath & Sons, Inc. will allow the City to address public safety concerns while saving public funds; NOW, THEREFORE,


BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That having determined it to be in the best interests of the City, the requirements of Section 38-100.1(2) and (3), Code of Ordinances, are hereby waived with regard to the bid submitted by Leath & Sons, Inc. for the roadway improvements on 47th Street from West Pennsylvania to Broadway.

Section 2. That the Director of Public Work is here authorized to execute a contract for the construction of the project referenced herein with Leath & Sons, Inc.

______________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Brian T. Rabineau

Assistant City Attorney