[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe 6-1-1993 by Ord. No. 93-008; amended in its entirety 12-20-2010 by Ord. No.
10-006. Subsequent amendments noted where applicable.]
CHARTER REFERENCES
Contracts for public improvements — See
§§ C-237, C-238, C-241.
Purchasing prohibited without order — See
§ C-315.
GENERAL REFERENCES
Departments and Divisions — See Ch. 41.
Ethics — See Ch. 58.
Officers and employees — See Ch. 90.
STATUTORY REFERENCES
Finance generally — See Mich.
Const. Art. 9, § 1 et seq.
Deposit of public funds — See
MCLA § 129.11 et seq.
Public money — See MCLA § 750.489
et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
Any corporation, partnership, individual, sole proprietorship,
joint-stock company, joint venture or any other private legal entity.
All types of City agreements, regardless of what they may
be called, for the procurement of supplies, services, equipment or
construction.
The process of publishing electronically on the internet
directly or through a bid notification system such as the Michigan
Intergovernmental Trade Network (MITN) e-procurement initiative or
similar internet site.
Ownership of any interest or involvement in any relationship
from which, or as a result of which, a person within the past year
has received, or is presently or in the future entitled to receive,
more than $1,000 per year, or its equivalent;
Ownership of 10% or more of any property or business; or
Holding a position in a business such as officer, director,
trustee, partner, employee or the like, or holding any position of
management.
A payment, loan, subscription, advance, deposit of money,
service or anything of more than nominal value, present or promised,
unless consideration of substantially equal or greater value is received.
Located within the municipal boundaries of the City of Monroe.
The lowest bidder having qualifications to perform the work
which are satisfactory to the City Council.
Any and all articles, equipment or things, or a combination
thereof, which shall be furnished to or used by any officer or department
of the City for any governmental purposes and which are made by a
single requisition form.
The buying, purchasing, renting, leasing or otherwise acquiring
of any supplies, services, equipment or construction. The term also
includes all functions that pertain to the obtaining of any supply,
service, equipment or construction, including a description of the
requirements, selection and solicitation of sources, the preparation
and award of contracts, and all phases of contract administration.
Any and all services, other than contractual services or
collective bargaining agreements, of any type, whether or not including
the furnishing of materials or supplies as a part thereof or incident
thereto, for which a consideration in money is paid by the City.
The procurement of supplies, equipment and services for the
City of Monroe shall be accomplished under the following guidelines:
A.
To procure for the City materials, supplies, equipment and contractual
services of the highest quality and at the least expense to the City;
B.
To endeavor to obtain as full and open competition as possible on
all purchases and sales;
C.
To exploit the possibility of buying in sufficient substantial quantities
as to take full advantage of available discounts;
D.
To act so as to procure for the City all tax exemptions to which
it is entitled;
E.
To promote local supplies and contractual services by identifying
local suppliers and contractors, and providing notice and opportunity
to bid to local suppliers and contractors in the City bid process.
Nothing in this guideline, however, shall be interpreted to be in
conflict with Act 196 of the Public Acts of 1973, as amended.[1]
[1]
Editor's Note: See MCLA § 15.346 et seq.
F.
To join with other units of government in cooperative purchase plans
when the best interests of the City would be served thereby.
G.
To declare vendors who default on their quotations irresponsible
bidders and to disqualify them from receiving any business from the
City for a stated period of time.
H.
To authorize the Finance Department, consistent with this chapter,
and with the approval of the City Manager to adopt operational procedures
relating to the execution of cost effective procurement for the City
of supplies and services.
The City Manager, with the concurrence of the Director of Finance,
shall implement any necessary rules respecting requisitions and purchase
orders.
[Amended 2-6-2017 by Ord.
No. 17-001]
A.
Purchases
and contracts under $15,000. The City Manager, subject to budgetary
appropriations, is authorized to make purchases and contracts in an
amount not to exceed $15,000 without further approval of the City
Council. Such purchases or contracts shall be made consistent with
the authority elsewhere granted the City Manager in this chapter.
B.
Sale of
personal property valued at under $1,000. Personal property not exceeding
$1,000 in value may be sold for cash by the City Manager after receiving
competitive quotations therefor, for the best price obtainable, or
may be traded to the vendor of new equipment replacing it. Sale of
personal property may be made via online auction. City Council shall
approve the sale of personal property in excess of $1,000.
A.
All purchases of, and all contracts for acquisition or delivery of, durable goods, equipment, replacement parts and components, consumable tools or commodities, fuel materials, supplies and consumer items, and supplies, and all sales of personal property which may have become obsolete or unusable, shall, except as specifically provided herein, be based upon competitive bids as provided in Subsection B hereof and administrative regulations issued by the City Manager implementing the same, or, within the limitations hereinafter stated, shall be based upon alternative price quotation procedures as provided in Subsection C hereof.
(1)
When competitive bids are so obtained, the sale or purchase shall
be approved by the City Council and sealed bids shall be obtained
in accordance with the detailed procedures established by this chapter.
An exception may be made where the Council shall determine by a two-thirds
majority vote that the public interest will be best served by joint
purchase with, or purchase from, another unit of government. No sale
or purchase shall be divided for the purpose of circumventing the
limitation established by this chapter. The City Council may authorize
the making of public improvements or the performance of any City work
without need of competitive bidding.
(2)
Purchases shall be made from the lowest qualified bidder meeting specifications, unless the City Council shall determine that the public interest will be better served by accepting a higher bid. Sales shall be made to the bidder whose bid is most advantageous to the City. In any case where a bid other than the lowest is accepted, the City Council shall set forth its reason or reasons therefor in its motion or resolution accepting such bid. City Council shall not set forth as its reason local preference, except as provided in § 114-13C. The City Council shall have the right to reject all bids.
(3)
In case no sealed bids are received or all bids are rejected, the
Manager may order that further bids be solicited or, with specific
authorization of City Council, purchase the materials, supplies, equipment
or services concerned in the open market, or, if practicable, secure
the performance of services concerned by an appropriate officer or
department of the City.
(4)
Professional service contracts shall be authorized and regulated
under certain guidelines to be established by the City Manager and
maintained in the office of the Clerk/Treasurer. Nothing in the professional
service contract guidelines shall be taken to authorize cost-plus
or percentage contracts for professional services.
B.
Any expenditure for supplies, materials, equipment, construction
or maintenance contracts obligating the City, where the amount of
the City's obligation is in excess of $15,000, shall be governed by
the following, except as otherwise stated in this chapter.
[Amended 2-6-2017 by Ord.
No. 17-001]
(1)
Such
expenditure shall be made the subject of a written contract. A purchase
order shall be a sufficient written contract only in cases where the
expenditure is in the usual and ordinary course of the City's affairs,
and in no case shall it be sufficient for the construction of public
works or the contracting for supplies, equipment or services over
any period of time where the quality of the goods or materials or
the scope of the services bargained for is not wholly standardized.
(2)
Notice
inviting competitive bids shall be solicited through traditional sealed
bid procedure, or alternative means, including but not limited to
e-publishing and electronic submission or reverse auction methods,
providing the method used preserves the integrity of the competitive
bid process and in accordance with the guidelines established by the
City Manager and approved by City Council. Such notice shall either
explain where to get information, or provide information, regarding
the specification or the items to be purchased. The notice shall state
the bid security required the bond or other security to be required
by the contract, time limits, the place of filing bids, the time of
opening and other conditions of award. The notice shall also state
that the right is reserved to reject any and all bids.
(3)
The
Finance Department shall also solicit bids from a reasonable number
of such qualified prospective bidders as are known to him or her by
sending each a copy of the notice requesting bids.
(4)
Unless
prescribed by the City Council, the City Manager shall prescribe the
amount of any security to be deposited with any bid, which deposit
shall be in the form of a certified or cashier's check or bond written
by a surety company authorized to do business in the state. The amount
of such security shall be expressed in terms of a percentage of the
bid submitted. Unless fixed by the City Council, the City Manager
shall fix the amount of the performance bond and, in the case of construction
contracts, the amount of the labor and material bond to be required
of the successful bidders.
(5)
Bids
shall be opened in public, at the time and place designated in the
notice requesting bids, in the presence of the Clerk/Treasurer, a
representative of the Finance Department and, when possible, the head
of the department most closely concerned with the subject of the contract.
The bids shall thereupon be carefully examined and tabulated and reported
to the City Council with the recommendation of the City Manager at
the earliest possible scheduled City Council meeting unless the City
Manager rejects all bids. After tabulation, all bids may be inspected
by the competing bidders.
(6)
When
such bids are submitted to the City Council, if City Council shall
find any of the bids to be satisfactory, it shall award the contract
to the qualified bidder submitting the low cost bid and shall authorize
execution of the contract by the successful bidder and the filing
of any bonds which may have been required, which bonds shall first
be approved by the City Attorney as to form and content. Such award
may be by motion, resolution or ordinance. City Council retains any
other rights provided for in this chapter in the awarding or rejecting
of bids.
(7)
At
the time the contract is executed, the contractor shall file a bond,
if required in the bid request, executed by a surety company authorized
to do business in Michigan, in favor of the City, conditioned upon
the performance of said contract, and further conditioned upon payment
of all laborers, mechanics, subcontractors and material men, as well
as all just debts, dues and demands incurred in the performance of
such work. The contractor shall, for all contracts other than for
materials, supplies and equipment, also file evidence of public liability
insurance naming the City as an additional insured in an amount satisfactory
to the City Attorney, and agree to save the City harmless from loss
or damage caused to any person or property by reason of the contractor's
negligence.
C.
Purchases of supplies, materials or equipment, the cost of which
is $15,000 or less, may be made in the open market, but such purchases
shall, where practicable, be based on at least three competitive bids
or quotes and shall be awarded to the lowest qualified bidder. The
Finance Department may solicit bids or quotes by the most efficient
method. A record shall be kept of all open market orders and the bids
or quotes submitted thereon, which records shall be available for
public inspection. Any or all bids or quotes may be rejected. Purchases
costing $15,000 or less may be made without the prior approval of
the City Council under the authority granted the City Manager in this
chapter.
[Amended 2-6-2017 by Ord.
No. 17-001]
D.
The responsibility for the inspection and acceptance of all materials,
supplies and equipment shall rest with the ordering department.
E.
The City Manager shall not have the authority to increase the amount
of an awarded contract approved by Council.
A contract may be awarded without competition when the City
Manager determines in writing, after he or she or the Finance Department
has conducted a good faith review of available sources, that there
is only one source for the required supply, service or construction
item. The Finance Department or other appropriate designee of the
City Manager shall conduct negotiations, as appropriate and under
the supervision of the City Manager, as to price, delivery and terms.
A record of sole source procurement shall be maintained as a public
record and shall list each contractor's name, the amount and type
of each contract, a listing of the items procured under each contract
and the date of the contract.
In case of an actual emergency, any officer or department head
may make direct purchase of materials, supplies, equipment or services,
where the immediate procurement thereof is essential to the conduct
of his or her office or department and the delay caused by following
established purchasing procedures would vitally affect the public
health, safety or welfare, provided that a purchase order therefor
shall be filed with and approved by the City Manager as to the existence
of the emergency and shall be likewise approved by the Director of
Finance as to the sufficiency of funds for such purchase, and provided,
further, that the City Manager shall advise Council at its next regular
meeting after the emergency purchase of the circumstances for and
terms of said procurement.
All departmental petty cash funds shall be authorized and approved
by the City Manager. The City Manager shall establish, with the concurrence
of the Director of Finance, a policy and guidelines for the administration
of a departmental petty cash fund. Purchases from petty cash shall
not individually exceed $100. Departmental petty cash funds shall
be reconciled with the City.
A.
After reasonable notice to the business involved and reasonable opportunity
for that business to be heard, the City Manager, after consulting
with the City Attorney, is authorized to debar a business for cause
from consideration for award of contracts. The debarment shall be
for a period of not more than two years. The causes for debarment
include:
(1)
A violation of contract provisions, as set forth herein, of a character
which is regarded by the City Manager to be so serious as to justify
debarment action, such as:
(a)
Deliberate failure, without good cause, to perform in accordance
with the specifications or within the time limit provided in the contract;
or
(b)
A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one or more contracts, provided that
failure to perform or unsatisfactory performance caused by acts beyond
the control of the contractor shall not be considered to be a basis
for debarment.
(2)
A violation of the provisions of this chapter or any other City policy,
regulation or law.
B.
The City Manager shall issue a written decision to debar. The decision
shall state the reasons for the action taken and inform the debarred
business of its rights concerning administrative or judicial review.
A copy of the decision shall be mailed or otherwise furnished upon
the rendering of a decision by the City Manager to the debarred business.
A decision to debar shall be final and conclusive, unless the debarred
business, within 10 days after receipt of the decision, takes an appeal
to the City Council or commences a timely action in court in accordance
with applicable law.
A.
Any actual or prospective bidder, offeror or contractor who is aggrieved
in connection with the solicitation or award of a contract may protest
to the City Council. Protestors are directed to seek resolution of
their complaints initially with the City Manager. A protest with respect
to an invitation for bids or request for proposals shall be submitted
in writing prior to the opening of bids or the closing date of proposals,
unless the aggrieved business did not know and should not have known
of the facts giving rise to such protest prior to bid opening or the
closing date for proposals. The protest shall be submitted within
10 days after such aggrieved business knows or should have known of
the facts giving rise thereto.
B.
In the event of a timely protest under this section, the Finance
Department shall not proceed further with the solicitation or award
of the contract until all administrative and judicial remedies have
been exhausted or until the City Council makes a determination on
the record that the award of a contract without delay is necessary
to protect a substantial interest of the City.
[Amended 2-6-2017 by Ord.
No. 17-001]
A.
For any
contract that is subject to one or more federal, state or municipal
public policy requirements, whether or not such contract is being
funded in whole or in part by assistance from a federal or state agency,
the Finance Department shall include contract provisions giving the
contractor notice of these requirements, and, where appropriate, shall
include in those contract provisions the requirement that the contractor
give a similar notice to all of its subcontractors.
B.
Construction
contracts with the City shall include contract provisions giving the
contractor notice of any labor standards or policies enacted by the
City Council.
C.
The City
will comply with the procurement requirements of 2 CFR 200 –
Uniform Grant Guidance, or its successor, when procuring items to
be funded in part or whole with federal funding sources.
A.
The City Manager and the Finance Department shall take affirmative
steps to assure that local businesses are utilized when possible as
sources of supplies, equipment, services and construction items.
B.
Affirmative steps to be taken shall include:
(1)
Including qualified local businesses on solicitation lists;
(2)
Assuring that local businesses are solicited whenever they are potential
sources;
(3)
When economically feasible, dividing total requirements into smaller
tasks or quantities so as to permit maximum participation;
(4)
Where the requirements permit, establishing delivery schedules which
will encourage local business participation.
C.
Preference shall be given to local businesses in awarding contracts
if the lowest responsible bids are for the same amount and each bidder
is equally qualified.
D.
Notwithstanding
any provisions of this section, the City shall comply with any and
all federal or state laws, rules, regulations or other procurement
or purchasing requirements that apply to a particular contract to
be awarded by the City.
[Added 12-6-2021 by Ord. No. 21-013[1]]
[1]
This ordinance also changed the section title from "Local
business enterprises" to "Local business enterprises; responsible
bidder prequalification; bidder information questionnaire."
E.
The City Council with the assistance of the City Manager, Finance
Department, and Engineering Department shall take affirmative steps
to assure that responsible bidders as defined in this subsection are
utilized when possible in connection with construction projects as
defined below.
(1)
BEST VALUE
BID
BIDDER
CONSTRUCTION PROJECT
CONTRACTOR
PUBLIC INFRASTRUCTURE
RESPONSIBLE BIDDER
SUBCONTRACTOR
Definitions. The following definitions shall be used in this subsection:
An RFP (request for proposal) procurement method that emphasizes
both value and price. Best value is a method that is utilized in the
evaluation process of the proposals received and reviewed. Best value
for construction will be determined based on a 100% distribution looking
at construction that includes, but is not limited to, the following:
quality of workmanship, quality of materials, references, experience
(including experience on past municipal projects), proposed schedule,
safety, time, and cost.
Any application submitted by a bidder in response to an invitation
for bid, request for proposal or request for qualifications, or other
procurement process.
Any person or entity that applies for any contract whether
or not the application process is through an invitation for bid, request
for proposal, request for qualifications, or other procurement process.
Any contract of more than $175,000 awarded for the construction,
alteration, demolition, or repair of any public infrastructure of
the City of Monroe. The labor and material necessary, for the construction,
renovation, repair or improvements to real property, except repair
in emergency situations, which requires solicited bids so that the
work, when complete, must be ready for service for it; intended purpose
and must require no other work to be a completed system or component.
Professional services and landscape maintenance contracts are expressly
excluded from the definition of construction project.
Any person, firm, corporation, partnership, association or
any combination thereof, which enters into a contract with any awarding
authority of the City of Monroe and includes a recipient of City financial
assistance and a public lessee or licensee.
The basic facilities, services and installations necessary
for the functioning of a community such as transportation and communications
systems, water, sewer, stormwater, and public institutions, including
site demolition and site preparation, site redevelopment, environmental
remediation or response, public buildings, monuments, parks, streetscapes,
and plazas.
A bidder for a construction project that has satisfied the
prequalifying criteria; designated in the bid and as provided in these
guidelines. All bidders engaged in contracts covered by this section
shall be qualified, responsible contractors or subcontractors that
have sufficient capabilities in all respects to successfully perform
contracts on which they are engaged, including the necessary experience,
equipment, technical skills and qualifications and organizational,
financial and personnel resources. Bidders bidding on construction
contracts shall also be required to have a satisfactory past performance
record and a satisfactory record of law compliance, integrity and
business ethics as described in this subsection.
Any person not an employee who enters into a contract with
a contractor to assist the contractor in performing a contract, including
a contractor or subcontractor of a public lessee or licensee or sublessee
or sublicensee, to perform or assist in performing services on the
leased or licensed premises. The term subcontractor does not include
vendors or suppliers to City purchasing contractors.
(2)
Bidding and award process. The bidding and award process for construction
projects shall include two parts. The first part is the submission
of a responsible contractor prequalification. The second part shall
be a contractor information questionnaire. All contractors bidding
on a construction project and subcontractors of any tier that intend
to perform work on any construction project valued at over $50,000
shall submit the information described in this section which information
shall be considered as part of the determination of any contract to
be awarded by the City of Monroe.
(a)
Responsible contractor prequalification.
[1]
Prior to, but at least 10 days before a submission of a formal
bid proposal, the bidder shall submit a responsible contractor prequalification
packet to the City Engineering Department. The packet shall include
the formation requested below. In order for a bidder to be considered
for a possible bid award the responsible contractor prequalification
packet must score a rating of 80% or greater based on the point structure
outlined in the responsible contractor prequalification form.
|
Provided
|
Not Provided
|
Corporate Accountability
|
|---|---|---|
|
5
|
0
|
References from individuals or entities the bidder has worked
for within the last five years including information regarding records
of performance and job site cooperation.
|
|
5
|
0
|
Evidence of any quality assurance program used by the bidder
and the results of any such program on the bidder's previous
projects.
|
|
Provided
|
Not Provided
|
Workplace Safety
|
|---|---|---|
|
5
|
0
|
Documentation of an ongoing Michigan OSHA-approved, safety-training
program for employees to be used on the proposed job site.
|
|
EMR 1.0 or Less
|
EMR Greater Than 1.0
|
Workplace Safety
|
|---|---|---|
|
10
|
5
|
Evidence of the bidder's worker's compensation Experience
Modification Rating ("EMR"). Preference will be given to contractors
and subcontractors who exhibit an EMR of 1.0 or less based on a three-year
average.
|
|
Completed
|
Not Completed
|
Workplace Safety
|
|---|---|---|
|
10
|
5
|
All craft labor that will be employed by the firm for the project
has completed at least the OSHA thirty-hour training course for safety
established by the U.S. Department of Labor, Occupational Safety and
Health Administration.
|
|
1:3 or Less
|
More Than 1:3
|
Workplace Safety
|
|---|---|---|
|
10
|
5
|
Number of apprentices under the supervision of a journeyperson.
|
|
Yes
|
No
|
Workforce Development
|
|---|---|---|
|
15
|
0
|
Will bidder pay prevailing wages or greater together with benefits
(i.e., health care, pension and/or retirement program) on all City
construction project work.
|
|
10
|
0
|
Documentation that the bidder has participated in a U.S. Department
of Labor approved Industry-Registered Apprenticeship Program (IRAP)
for the past three years, at a minimum, for each separate trade or
classification in which it employs craft employees and shall continue
to participate in such programs for the duration of the project.
|
|
Provided
|
Not Provided
|
Workforce Development
|
|---|---|---|
|
10
|
0
|
Documentation of how the bidder assesses the skills and qualifications
of any employees who do not have master or journeyperson certification
or status, or are not participants in a Industry-Registered Apprenticeship
Program (IRAP).
|
|
Provided
|
Not Provided
|
Social Equity
|
|---|---|---|
|
5
|
0
|
A statement from the bidder as to what percentage of its workforce
can be drawn significantly from Monroe County residents because a
goal of the City is to utilize, in its construction activities, local
residents as much as is economically feasible while retaining the
high quality of construction required for its construction activities,
consistent with applicable law.
|
|
5
|
0
|
Evidence of Equal Employment Opportunity Programs for minorities,
women, veterans, returning citizens, and small businesses.
|
|
10
|
0
|
Assurance that the bidder is an equal opportunity employer and
does not discriminate on the basis of race, sex, pregnancy, age, religion,
national origin, marital status, sexual orientation, gender identity
or expression, height, weight, or disability.
|
|
Total Column A
|
Total Column B
|
Total Points A+B
|
Maximum Points 100 (Percentage)
| |
|---|---|---|---|---|
|
Prequalification is 80% or better.
|
[2]
After review by the City of Monroe, the bidder will be notified
of their score. If the bidder fails to achieve a score of 80% or more,
the bidder may elect to foregoing bidding on the construction project
or the bidder may submit additional information that was deemed to
be incomplete or deficient to the City's Engineering Department.
This information may be submitted anytime prior to the award of a
contract for a construction project. Once a bidder is determined to
have achieved a score of 80% or more, the bidder shall be deemed prequalified
for one year for the purpose of bidding on the City's construction
projects subject to the bidder's requirement to disclose any
changes in condition or response as described in the immediately following
subsection.
(b)
Bidder information questionnaire. Each bidder on a construction
project shall be required to submit the following information with
their bid proposal in the form prescribed by the City's Engineering
Department. Failure to submit any of the information may result in
disqualification from further consideration unless waived by the City
Council. The information submitted as part of the bidder information
questionnaire shall include a verification signed under penalty of
perjury. Bidder information questionnaires will be public records
and information contained therein will be available for public review,
except to the extent that such information is exempt from disclosure
pursuant to applicable law. If a bidder fails to provide any of the
requested information, the City shall be entitled to consider the
lack of response as adverse and/or negative to the bidder's qualifications
including rejection of the bid in its entirety in the discretion of
the City. If the City learns any bidder submitted false information,
the City may terminate any contract and pursue remedies. The bidder
shall update its responses to the bidder information questionnaire
during the term of the contract within 30 calendar days after any
change to responses previously provided, if such change would affect
a bidders' fitness and ability to continue performing the contract.
The City may consider failure of the contractor to update the questionnaire
with this information as a material breach of the contract and invoke
remedies it feels appropriate. The bidder information questionnaires
will identify those criteria which will allow the City to evaluate
the bidder's ability to provide the highest quality and value
to the City at the lowest cost. The City, in the exercise of the City's
sole discretion, reserves the right to accept or reject any or all
bids for any or all reason and to determine the bid most advantageous
for the City. The City must evaluate the following criteria in the
bidder information questionnaires to determine the bidder that will
be awarded the City's contract. The City may at any time add
additional information to the bidder information questionnaires provided
that all bidders and/or prospective bidders shall be afforded the
same opportunity to receive and respond to a request for such additional
information. The information required to be provided as part of the
bidder information questionnaires includes, but is not limited to:
[1]
General information about the bidder's company, its principals,
and its history, including all former business names, and an explanation
of any business name changes.
[2]
If the submitting bidder has ever operated under another name
or is controlled by another company or business entity or in the past
five years controlled or was controlled by another company or business
entity, whether as a parent company, subsidiary or in any other business
relation, it must attach a separate statement to its bid packet that
explains in detail the nature of any such relationship. Additional
information may be required from such an entity if the relationship
in question could potentially impact contract performance.
[3]
Information regarding the state and local licenses and license
numbers held by the bidder.
[4]
A confirmation that all subcontractors, employees and other
individuals working on the construction project will maintain current
applicable licenses required by law for all licensed occupations and
professions.
[5]
Documentation of master or journeyperson certification or status
for masters and journeypersons to be used on the project, and the
source of such certification or status.
[6]
Verification that the bidder is in compliance with all applicable
state and federal laws and visa requirements regarding the hiring
of non-U.S. citizens, and disclosure of any work visas sought or obtained
by the bidder, any of the bidder's subcontractors, or any of
the bidder's employees or independent contractors, in order to
perform any portion of the project.
[7]
A list of projects completed within the past five years of comparable
size/complexity, including dates, clients, approximate dollar value,
and size. Documentation from these previous projects, including, but
not limited to, all extra costs relating to the bidder's timeliness,
performance, quality of work, extension requests, contractual fines
and penalties imposed, liens filed, history of claims for extra work
and any contract defaults with an explanation of the reason for the
default and how the default was resolved.
[8]
Evidence of experience with construction techniques, trade standards,
quality workmanship, project scheduling, cost control, management
of projects of comparable size/complexity, and building codes by documenting
the bidder's ability and capacity to perform the project. The
bidder must identify those portions of the project it reasonably believes
will be subcontracted and the names of the subcontractors, if known
at the time of submission.
[9]
Written verification of bonding capacity equal to or exceeding
the amount of the bidder's scope of work on the project. The
written verification must be submitted by a licensed surety company
rated "B+" (or better) in the current A.M. Best Guide and qualified
to do business within the State of Michigan.
[10]
A list of all litigation and arbitrations currently
pending and concluded whether by settlement or decision within the
past five years, including an explanation of each (parties, court/forum,
legal claims, damages sought, and resolution). A list of all claims
made against the bidder that were resolved through the payment of
$10,000 or more by the bidder or the bidder's insurance and/or
bonding/surety companies.
[11]
Disclosure of any violations of state, federal
or local laws or regulations, including OSHA or MIOSHA violations,
state or federal prevailing wage laws, wage and hour laws, worker's
compensation or unemployment compensation laws, rules or regulations,
issued to or against the bidder within the past five years.
[12]
Disclosure of any debarment by any federal, state
or local governmental unit and/or findings of nonresponsibility or
noncompliance with respect to any public or private construction project
performed by the bidder.
[13]
Proof of insurance, including certificates of
insurance, confirming existence and amount of coverage for liability,
property damage, workers compensation, and any other insurances required
by the proposed contract documents.
[14]
A statement regarding the bidder's staffing
capabilities and labor sources including subcontractors and a verification
from the bidder that construction workers will not be misclassified
as independent contractors in violation of state or federal law.
[15]
Verification of an existing drug and alcohol testing
and/or screening program for bidder, including, but not limited to,
a Fitness for Duty Program, or a comparable recognized program or
provider.
[16]
A statement affirming that the City will require
and the bidder will provide a one-year maintenance bond valued at
5% of the total contract amount at the time of contract closeout with
such bond effective at the time of final payment by the City.
[17]
A statement affirming that the bidder will pay
all craft employees that it employs on the project the current wage
rates and fringe benefits as required under applicable federal, state,
or local wage laws.
[18]
A statement identifying what possible change orders
could be necessary and what their approximate subsequent total costs
would be.
[19]
A statement from the contractor or subcontractor
acknowledging their obligation to comply with this section in each
contract and subcontract.
[20]
Assurances that the project timeline the contractor
submits will be followed and that the project will finish in a timely
fashion.
[21]
Any change in the Experience Modification Rating
(EMR) since the submittal and scoring of the responsible contractor
prequalification.
(c)
Subcontractor compliance.
[1]
A construction manager, general contractor or other lead or prime contractor must not be permitted to use a subcontractor on any work performed for the City in excess of the financial threshold identified in § 114-13E(2) unless it has identified the subcontractor on its bidder information questionnaire and/or bid documents and such subcontractor has provided all information required under responsible contractor prequalification and received a score equal to or greater than 80%.
[2]
A subcontractor listed on a bidder's subcontractor list
must not be substituted unless written authorization is obtained from
the City and the subcontractor is a responsible bidder.
[3]
In the event that the City determines that a prospective subcontractor
listed by the apparent bid awardee is ineligible pursuant to the responsible
contractor prequalification scoring provisions, it may, after informing
the prospective awardee, exercise one of the following options: 1)
permit the awardee to substitute a qualified and responsible bidder;
2) require the awardee to self-perform the work in question if the
bidder has the required experience, licenses and other qualifications
to perform the work in question; or 3) disqualify the prospective
awardee.
[4]
In the event that a subcontractor is disqualified under this
section, the general contractor, construction manager or other lead
or prime contractor, as a condition of bidding on the City's
work, shall agree that it will not make any type of claim against
the City on the basis of a subcontractor disqualification.
(3)
Substantially low bid review. In the event the amount of a bid appears
disproportionately low when compared with estimates undertaken by
or on behalf of the City and/or compared to other bids submitted,
the City reserves the right to inquire further of the bidder to determine
whether the bid contains mathematical errors, omissions, and/or erroneous
assumptions, and whether the bidder has the capability to perform
and complete the contract for the bid amount.
(4)
Enforcement.
(a)
Contracts issued in connection with this section shall provide
that violation of this section shall constitute a material breach
thereof and entitles the City to terminate the contract and otherwise
pursue legal remedies that may be available.
(b)
Compliance with the bidder information questionnaire provisions
of this section must be required in contract amendments, if the initial
contract was not subject to the provisions of this section.
(c)
Information that is provided under the processes set forth in
this section that is at any point deemed false or in an attempt to
mislead the City entitles the City to terminate the contract and otherwise
pursue legal remedies that may be available.
(d)
Violations of this section may be reported to the City which
must investigate such complaints. Whether based upon such a complaint
or otherwise, if the City, in its sole and absolute discretion, has
determined that the contractor has violated any provision of this
section, the City may issue a written notice to the contractor that
the violation is to be corrected within 10 calendar days from receipt
of notice. In the event the contractor has not corrected the violation,
or taken reasonable steps to correct the violation within 10 calendar
days, then the City may:
[1]
Declare a material breach of the contract and exercise its contractual
remedies thereunder, which are to include, but not be limited to,
termination of the contract.
[2]
Declare the contractor to be ineligible to bid in accordance
with the procedures set forth in the responsible contractor prequalification
subsection of this section.
A.
The Finance Department shall keep a record of all purchases of materials,
supplies, equipment and services, and of all bids and the manner in
which such bids were procured, which it shall forward to the Clerk/Treasurer
when each respective material or supply is purchased or service is
provided. All such records shall be public.
B.
All procurement records shall be retained and disposed of by the
City in accordance with records retention guidelines and schedules
established by the Clerk/Treasurer.
It shall be unethical for any City employee to participate directly
or indirectly in a procurement contract, except as provided in Act
317 of the Public Acts of 1968, as amended.[1]
[1]
Editor's Note: See MCLA § 15.321 et seq.
A.
It shall be unethical for any person to offer, give or agree to give
any City employee or officer or former City employee or officer, or
for any City employee or officer or former City employee or officer
to solicit, demand, accept or agree to accept from another person
a gratuity or an offer of employment in connection with any decision,
approval, disapproval, recommendation or preparation of any part of
a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice,
investigating or auditing, or in any other advisory capacity in any
proceeding or application, request for ruling determination, claim
or controversy, or other particular matter, pertaining to any program
requirement, contract or subcontract, or to any solicitation or proposal
therefore.
B.
The prohibition against gratuities prescribed in this section shall
be conspicuously set forth in every contract and solicitation therefor.
C.
The City Manager may impose sanctions on a City employee for violations
of this section consistent with governing employee contract provisions,
if applicable.
The Mayor and members of Council recognize that high moral and
ethical standards among City officials are essential to the proper
conduct of City affairs and the proper management of City resources.
Thus, to promote and strengthen faith and confidence of the people
of the City in their governing body, the Mayor and members of Council
shall strictly abide by the following provisions:
A.
The Mayor and members of Council shall comply with the City's policies
and procedures for reimbursement of expenses. The Mayor and members
of Council when seeking reimbursement shall, at a minimum, provide
a receipt and indicate the date and purpose of the expense.
B.
The Mayor and members of Council shall not, at any time, seek payment
or reimbursement for the traveling expenses of spouses, friends, family
members or other third parties traveling with the Mayor or member
of Council on City business.
C.
The Mayor, members of Council and all City employees shall not, at
any time or on any occasion, pay for or seek reimbursement for alcoholic
beverages with City funds.
D.
The Mayor and members of Council shall not accept gifts of membership
in fraternal or social organizations.
E.
The City of Monroe shall not lease or buy a motorized vehicle for
the Mayor or for any member of Council. However, the Mayor and City
Council shall be entitled to mileage reimbursement at the same rate
as other City employees.
F.
The Mayor and members of Council shall not accept anything of value
which may tend to influence them in the discharge of their duties.
