O-2009-3192 qualification of bidders,certain city projects; raising threshold from $500,000 to $100,000

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Sec.2-106. Prequalifieatians far bidding Qualification reauirement of bidders; filing of contractor's aualification statement. The city council has determined, and does hereby find, determine, and declare that it is in the best interest of the city that all contractors desiring to bid on city construction projects, having an owner's estimated construction cost of greater than $500,000.00 $1,000,000.00, must prequalify by filing all bidders must submit with their bid package, a satisfactory contractor's statement, on the forms attached hereto, v.'ith the €lity manager or his designee no later than 30 days prior to the date bids are to be opened, if a €lontractor is to be eligible to bid. on forms to be provided by the citv. Submission of a contractor's qualification statement is a condition precedent to execution of a contract by the city with the successful bidder. For projects with an owner's estimated construction cost of less than $500,000.00 $1,000,000.00, contractors may be required may have to prequalify, to file a contractor's qualification statement, if such is determined by the city manager. In making such determination, the city manager shall review the city's past experience with projects of similar nature; the recommendation of the project architect/engineer which considers the complexity of the project; and the uniqueness or novelty of the anticipated project which may require a high degree of contractor specialization, technical expertise and/or previous experience on similar projects. Once a contractor has successfully prequalified, in order for them to remain prequalified, a new contractor's statement shall be filed with the city annually. After the bid opening the city shall request audited financial statements from the apparent low bidder. The financial information contained in such contractor's qualification statement and audited financial statement is deemed confidential; shall not be disclosed by the city to the public or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, V.T.C.A., Government Code S 552.001 et seq., in accordance with the state attorney general's opinion number ORD-309, 1982. The city council finds that disclosure of the financial information is likely to have either of the following effects: (1) To impair the city's ability to obtain necessary information in the future; or (2) To cause substantial harm to the competitive position of the person from whom the information was obtained. Sec. 2-107. Requirements for contractors entering bids on oroiects subiect to submittal of aualification statement under Section 2-106 (a) Subcontracting of work in excess of 50 percent; consent required. Contractors entering bids on city construction projects subiect to Section 2-106 of this Code shall not subcontract more than 50 percent of the work on the project without first obtaining the express written consent of the city. (b) Attendance of pre-bid conference required. All contractors (or representatives of the contractors) desiring to bid on city construction projects subiect to Section 2-106 of this Code must attend a prebid conference. Otherwise, such contractors' bids will be returned by the city unopened. (c) Heticc of pr<:tjualificatien ef bidders. Public notice of prequalification of bidders by the city shall be published in a like manner as invitations to bidders, and shall not be a substitute for publishing the actual invitation to bidders on each project.