Loading...
HomeMy WebLinkAboutO-1991-1476-B . . ORDINANCE NO. 1476-B AN ORDINANCE AMENDING ORDINANCE NO. 1476-A, AN ORDINANCE REQUIRING THE PRE- QUALIFICATION OF CONSTRUCTION PROJECTS HAVING AN ESTIMATED COST OF GREATER THAN THREE HUNDRED THOUSAND DOLLARS ($300,000); 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 determined, and does hereby find, determine, and declare that it is in the best interest of the City of La Porte that all Contractors desiring 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), must pre-qualify by filing a satisfactory Contractor's Statement, on the forms attached hereto, with the City Manager or his designee, 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. For projects with an owner's estimated construction cost of less than Three Hundred Thousand Dollars ($300,000), Contractor's may have to pre- qualify, 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 pre- qualified, in order for them to remain pre-qualified, a new Contractor's e e 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 the 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 positi'on of the person from whom the information was obtained. Section 2. Contractors entering bids on City of La Porte construction projects shall not subcontract more t~an 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 contractor) 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 unopened. Section 4. Public notice of pre-qualification 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 "An, incorporated by reference herein, and made a part hereof for all purposes. . e 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" for each Contractor shall be equal to their Net Working Capital". "Net Working Capital" is defined as current assets less current liabilities, as shown on a balance sheet examined by an independent Certified Public Accountant. The City will determine the minimum "Bidding Capacity" for each project. Only those contractor's possessing a "Bidding Capacity" meeting or exceeding that minimum will be considered pre- qualified for that project. Section 7. the City Council of the City of La Porte adopts the following standards for disqualification of Contractors: I. AUTOMATIC DISQUALIFICATION A. Company has a negative Net Working Capital. B. Failure to complete Statements in all detail. C. Company or personnel on Federal Job Debarment list. D. Company or personnel on Justice Department list of unacceptable contractors; i.e. convicted on anti-trust violations. E. Failure to complete Statement in a truthful manner. II. OTHER CONSIDERATIONS FOR POSSIBLE DIS-QUALIFICATION A. Companies with pending litigation may be disqualified for duration of litigation as deemed to the advantage of the City by the City's Project Manager. B. Default on contract, or forfeiture of bid bonds or performance bonds. C. Performance record of poor workmanship on previous projects. D. Performance record of failure to complete warranty work. E. Bankruptcy or financial reorganization. . e F. Companies submitting consolidated financial statements will be disqualified unless their parent company agrees to be the contracting party with the City of La Porte. Section 8. The City Counci,l 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, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. Except as amended hereby, Ordinance No. 1476-A, passed and approved July 22, 1987, 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 July, 1991. A~~ City Secretary