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

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under the Open Records Act, V.T.C.A., Government Code §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." Section 2: That Chapter 2, "Administration," Article III, "Finance," Division 2. "Purchases and Contracts", Subdivision II "Public Works Contracts", Section 2-107 of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 2-107. - Requirements for contractors entering bids on projects subject to submittal of qualification statement under section 2-106. (a) Subcontracting of work in excess of SO percent; consent required. Contractors entering bids on city construction projects subject 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 subject to section 2- 106 of this Code must attend a prebid conference. Otherwise, such contractors' bids will be returned by the city unopened. (c) Determination of bidding capacity. The city is interested in determining a contractor's bidding capacity for the purpose of awarding contracts subject to section 2 -106 -of this Code. Bidding capacity for each contractor shall be equal to net working capital. Net working capital is defined as current assets less current liabilities, as shown on a balance sheet reviewed or audited by an independent certified public accountant. The city will determine the minimum bidding capacity for each project. Only those contactors possessing a bidding capacity meeting or exceeding that minimum will be considered qualified for that project. (d) Standards for contractor disqualification. The city council adopts the following standards for disqualification of contractors: (1) Automatic disqualification. Automatic disqualification shall take place under the following circumstances: a. The company has a negative net working capital or does not meet minimum bidding capacity. b. There is a failure to complete statements in all detail. C. The company or personnel are on the federal job debarment list. d. The company or personnel are on the Justice Department list of unacceptable contractors; i.e. convicted on antitrust violations. 2