O-2013-3491 revise standards/review of financial records of certain bidders on construction contracts

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ORDINANCE NO. 2013 -34q1 AN ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES BY REVISING STANDARDS RELATED TO REVIEW OF FINANCIAL RECORDS OF CERTAIN BIDDERS ON PUBLIC WORKS CONTRACTS; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 2, "Administration," Article III, "Finance," Division 2. "Purchases and Contracts", Subdivision II "Public Works Contracts", Section 2-106 of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 2-106. - Qualification requirement of bidders; filing of contractor's qualification statement. (a) The city council has determined, and does hereby find, determine, and declare that it is in the best interest of the city that in the case of all construction projects having an owner's estimated construction cost of greater than $1,000,000.00, all bidders must submit with their bid package, a satisfactory contractor's qualification statement, on forms to be provided by the city. Submission of a contractor's qualification statement is a condition precedent to execution of a contract by the city with the successful bidder. (b) For projects with an owner's estimated construction cost of less than $1,000,000.00, contractors may be required to file a contractor's qualification statement, if such is determined by the city manager to be required. 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. (c) After the bid opening for contracts up to $2,000,000.00 the city shall request financial statements from the apparent low bidder that have been reviewed by an independent certified public accountant. For contracts over $2,000,000.00 the apparent low bidder must submit audited financial statements performed by an independent certified public accountant. The information contained in such contractor's qualification statement and the reviewed or 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 for disclosure by the city to the public or to other contractors; and shall be deemed exempt from disclosure