Loading...
HomeMy WebLinkAboutO-1987-1476-A . . ORDINANCE NO. 1476-A AN ORDINANCE AMENDING ORDINANCE NO. 1476, AN ORDINANCE REQUIRING THE PRE-QUALIFICATION OF CONSTRUCTION PROJECTS HAVING AN ESTIMATED COST OF GREATER THAN THREE HUNDRED THOUSAND DOLLARS ($300,000.00): REQUIRING FILINGS OF CONTRACTOR'S STATEMENTS WITH THE CITY OF LA PORTE: PROHIBITING CONTRACTORS FROM SUBCONTRACTING MORE THAN FIFTY PERCENT (50%) OF WORK ON CITY OF LA PORTE PROJECTS WITHOUT PRIOR WRITTEN CONSENT: REQUIRING ATTENDANCE AT A PRE-BID CONFERENCE AS A PREREQUISITE TO SUBMITTING A BID: PROVIDING FOR PUBLICATION OF NOTICE: APPROVING AND ADOPTING FORMS FOR THE PRE-QUALIFICATION OF CONTRACTORS: DEFINING "BIDDING CAPACITY": ADOPTING DISQUALIFICATION STANDARDS: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: CONTAINING A REPEALING CLAUSE: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has deter- mined, and does hereby find, determine, and declare that it is in the best interest of the City of La Porte that all Contractors desir- ing to bid on City of La Porte construction projects having an owner's estimated construction cost of greater than Three Hundred Thousand Dollars ($300,000.00), must pre-qualify by filing a satisfactory Contractor's Statement, on the forms attached hereto, with the Cons- truction Project Manager, City of La Porte, no later than thirty (30) days prior to the date bids are to be opened, if a Contractor is to be eligible to bid. Thereafter, a new Contractor's Statement shall be filed with the City annually. The financial information contained in such Contractor's Statement is deemed confidential: shall not be disclosed by City to the public or to other contractors: and shall be deemed exempt from disclosure under the Open Records Act, Art. 6252-17a, V.A.T.S., in accordance with Texas Attorney General's Opinion No. ORD-309, 1982. The City Council of the City of La Porte 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. . . ORDINANCE NO. 1476-A Page 2 Section 2. Contractors entering bids on City of La Porte construction projects shall not subcontract more than fifty percent (50%) of the work on the project, without first obtaining the express written consent of the City of La Porte. Section 3. All Contractors (or a representative of the contrac- tor) desiring to bid on City of La Porte construction projects must attend a pre-bid conference: otherwise, such Contractor's bid will be returned by the City unopene4. section 4. Public notice of prequalification of bidders by the City of La Porte, shall be published in like manner as invitations to bidders, and shall not be a substitute for publishing the actual invitation to bidders on each project. Section 5. The City Council of the City of La Porte approves and adopts the forms for Contractor's Statements, attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 6. The City of La Porte is interested in determining a Contractor's "Bidding Capacity" for the purpose of issuing proposals and awarding contracts. "Bidding Capacity" is determined by multiply- ing the positive net working capital, as hereinafter defined, by a factor determined by the City of La Porte. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. "positive Net Working Capital" generally is represented by ther excess of current assets over current liabilities, as shown by a balance sheet examined by an independent Certified Public Accountant. Section 7. The City Council of the City of La Porte adopts the . . ORDINANCE 1476-A Page 3 following standards for disqualification of Contractors: I. AUTOMATIC DISQUALIFICATION A. Company has no Positive Net Working Capital. B. Company submits consolidated Statements. C. Failure to complete Statements in all detail. D. Company or personnel on Federal Job Debarment list. E. Company or personnel on Justice Department list of unacceptable contractors: i.e. convicted of anti-trust violations. F. Failure to complete Statements in a truthful manner. II. OTHER CONSIDERATIONS FOR POSSIBLE DISQUALIFICATION A. Companies with pending litigation may be disqualified for duration of litigation as deemed to the advantage of the City by the City's Construction Project Manager. B. Default on contract, or forfeiture of bid bonds or perfor- mance bonds. C. Performance record of poor workmanship on previous pro- jects. D. Performance record of failure to complete warranty work. E. Bankruptcy or financial reorganization. Section 8. The City Council officially finds, determines, re- cites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was post- ed at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as re- quired by law at all times during which this Ordinance and the sub- ject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. . . ORDINANCE NO. 1476-A Page 4 Section 9. Except as amended hereby, Ordinance No. 1476, passed and approved October 28, 1985, shall remain in full force and effect. Section 10: This Ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this the 22nd day of June, 1987. CITY OF LA PORTE Norma John ATTEST: ~~ Cherie Black, City Secretary APPROVED. ~ ~-cJ . Knox W. Askins, C1ty Attorney . . ORDINANCE NO. l471 Page Two with the election of April 5, 1986, as shown by the legal descri- ptions on Exhibit "C" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. A plat showing the new district boundaries is attached hereto as Exhibit "0", incorporated by reference herein, and made a part hereof for all purposes. Section 4. The City Council officially finds, determines recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, cons idered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval. The re-districting shall be effective April 5, 1986. PASSED AND APPROVED, this the 14th day of October, 1985. CITY OF LA PORTE BY~~~__ ATTEST: ~,~ Cher1e Black, City Secretary APPROVED: ~cJ Knox W. Askins,