[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:
BUSINESS
Any corporation, partnership, individual, sole proprietorship, joint-stock company, joint venture or any other private legal entity.
CONTRACT
All types of City agreements, regardless of what they may be called, for the procurement of supplies, services, equipment or construction.
E-PUBLISHING
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.
FINANCIAL INTEREST
A. 
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;
B. 
Ownership of 10% or more of any property or business; or
C. 
Holding a position in a business such as officer, director, trustee, partner, employee or the like, or holding any position of management.
GRATUITY
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.
LOCAL
Located within the municipal boundaries of the City of Monroe.
LOWEST QUALIFIED BIDDER
The lowest bidder having qualifications to perform the work which are satisfactory to the City Council.
MATERIALS and SUPPLIES
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.
PROCUREMENT
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.
SERVICES
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) 
Definitions. The following definitions shall be used in this subsection:
BEST VALUE
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.
BID
Any application submitted by a bidder in response to an invitation for bid, request for proposal or request for qualifications, or other procurement process.
BIDDER
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.
CONSTRUCTION PROJECT
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.
CONTRACTOR
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.
PUBLIC INFRASTRUCTURE
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.
RESPONSIBLE BIDDER
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.
SUBCONTRACTOR
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.
D. 
The City Manager may debar a business for violations of this section pursuant to § 114-10, Debarment.
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.