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<br />ORDINANCENo. ::j J q ,;(
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<br />AN ORDINANCE OF 1HE CITY COUNCIL OF LA POR1EAMENDlNG CHAPTER 2 ''AIMINlSTRATION',
<br />ARTICLE III, ''FINANCE', DMSION 2, "PURaJASES AND CONIRACTS", SUBDMSION IT, "PUBliC
<br />WORKS CONIRACTS", SECTIONS 2-106 "PREQUAIlFICATIONS FOR BIDDlNG; FILING OF
<br />CONIRACIOR'S STATEMENT' AND 2-107 "REQUIREMENfS FOR CONIRACIDRS ENTERING BIDS",
<br />BY CHANGING QUAIlFICATION REQUIREMENTS FOR CERTAIN BIDDERS; FINDlNG CCMPIlANCE
<br />WIIHlHE OPENMEEI1NGS LAW; AND PROVIDII\D AN EFFECIlVEDA1E HEREOF.
<br />
<br />BE IT ORDAINED BYlHE CITY COUNCIL OF 1HE CITY OF LAPOR1E, TEXAS:
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<br />Section 1: That Chapter 2, "Achninistration", Article III, "Finance", Division 2, "Purchases and Contracts",
<br />Subdivision II, "Public W Olks Contracts", Section 2-106, "Prequalifications for bidding; filing of contractor's
<br />statemenf', is hereby amended and shall hereafter read as follows, to wit:
<br />
<br />"Sec. 2-106. Qualification requirement of bidders; filing of contractor's qualification
<br />statement.
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<br />(a) The city council has detennined, and does hereby find, detennine, and declare that it is in the best
<br />interest of the city that in the case of all construction projects having an owner's estimated construction cost
<br />of greater than $1,000,000.00, all bidders must submit with their bid package, a satisfactory contractor's
<br />qualification statement, on forms to be provided by the city. Submission of a contractor's qualification
<br />statement is a condition precedent to execution of a contract by the city with the successful bidder.
<br />
<br />(b) For projects with an owner's estimated construction cost ofless than $1,000,000.00, contractors may be
<br />required to file a contractor's qualification statement, if such is detennined by the city manager to be
<br />required. In making such detennination, the city manager shall review the city's past experience with
<br />projects of similar nature; the recommendation of the project architect/engineer which considers the
<br />complexity of the project; and the uniqueness or novelty of the anticipated project which may require a high
<br />degree of contractor specialization, technical expertise and/or previous experience on similar projects.
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<br />( c) After the bid opening the city shall request audited financial statements from the apparent low bidder.
<br />The infonnation contained in such contractor's qualification statement and audited financial statement is
<br />deemed confidential; shall not be disclosed by the city to the public or to other contractors; and shall be
<br />deemed exempt from disclosure under the Open Records Act, V.T.CA, Govenunent Code S 552.001 et
<br />seq., in accordance with the state attorney general's opinionnurnberORD-309, 1982. The city council finds
<br />that disclosure of the financial infonnation is likely to have either of the following effects:
<br />(1) To impair the city's ability to obtain necessary infonnation in the future; or
<br />(2) To cause substantial hann to the competitive position of the person from whom the information was
<br />obtained."
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<br />Section 2: That Chapter 2, ''Achninistration'', Article III, "Finance", Division 2, "Purchases and Contracts",
<br />Subdivision II, "Public Works Contracts", Section 2-107, "Requirements for contractors entering bids", is
<br />hereby amended and shall hereafter read as follows, to wit:
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