ARTICLE VII. RESPONSIBLE CONTRACTOR ORDINANCE
2-537 Title and purpose.
(a) This article may be cited as the “Responsible Contractor Ordinance.”
(b) Purpose. The City finds that public construction projects should be performed by contractors who are qualified, experienced, financially responsible, law-abiding, and who maintain safe worksites and appropriate workforce development practices. The objective of this article is to protect the City’s investment in public infrastructure and to promote timely, safe, and high-quality project delivery while encouraging workforce training and responsible employment practices.
(Ord. No. 2487, 11-18-25)
2-538 Definitions.
(a) For purposes of this article, the following terms shall have the meanings set forth in this section:
(1) Construction project means any public construction, reconstruction, alteration, repair, demolition, or improvement contract awarded by the City with an estimated value greater than $25,000.00.
(2) Contractor means any person, firm, partnership, corporation, joint venture or other entity that enters into a contract with the City to perform a construction project.
(3) Subcontractor means any person or entity, not an employee of the contractor, that performs any portion of work on the construction project.
(4) Responsible contractor means a bidder or proposer that satisfies the pre-qualification criteria and is certified by the City as qualified to perform the work.
(5) Ineligible contractor means a bidder or proposer that fails to satisfy the pre-qualification criteria or otherwise demonstrates lack of fitness to perform the work.
(Ord. No. 2487, 11-18-25)
2-539 Applicability.
This article applies to all construction projects as defined in section 2-538 and to all contractors and subcontractors that will perform any portion of the work on such projects.
(Ord. No. 2487, 11-18-25)
2-540 Administration.
(a) The City Community Development Director (or their designee) shall administer this article, adopt implementing procedures and forms, and publish the required questionnaires and pre-qualification materials on the City’s website.
(b) The City may revise the implementing procedures, questionnaires, and scoring guidelines from time to time; such revisions shall be posted publicly.
(Ord. No. 2487, 11-18-25)
2-541 Pre-qualification; questionnaire.
(a) Pre-qualification required. All prospective contractors and subcontractors that will perform work on a construction project must submit a completed pre-qualification questionnaire in the form provided by the City. A contractor must be certified as a responsible contractor under the pre-qualification process to have its bid or proposal considered. In addition, all prospective contractors must submit confirmation that the contractor maintains insurance coverage as required by law and by the City’s procurement requirements.
(b) Pre-qualification criteria. The questionnaire shall require information on company identity and ownership; applicable licenses and certifications; evidence of financial capacity and bonding; project experience and references; and documentation supporting compliance with applicable health, safety, and workforce standards, as follows:
(1) Safety and health compliance.
a. Documentation of an established written safety program, including employee safety training policies consistent with OSHA and MIOSHA requirements.
b. Proof that all on-site craft employees have completed, at a minimum, the OSHA ten-hour construction safety training course, and that supervisory staff have completed the OSHA 30-hour course.
c. Copies of any OSHA or MIOSHA violations within the past three years, together with documented corrective actions.
d. Disclosure of the contractor’s current Experience Modification Rating (EMR) and supporting data; preference will be given to contractors demonstrating an EMR of 1.0 or less based on a three-year average.
(2) Workforce development and ethical practices.
a. Verification of participation in a registered apprenticeship program approved by the U.S. Department of Labor or a State Apprenticeship Agency recognized by the U.S. Department of Labor.
b. Certification that all employees are properly classified in compliance with applicable State and Federal wage, tax, and labor laws, including evidence the bidder properly classifies employees on jobsites as demonstrated by the utilization of 1099 workers compared to W-2 employees on current and past jobs.
c. Disclosure of any debarments, findings of nonresponsibility, or violations of wage and hour laws within the past five years.
d. Evidence the bidder offers employer sponsored health care benefits to its employees.
e. Evidence the bidder offers structured retirement plans, including a pension or other employer-provided plans.
(3) Integrity and business practices.
a. A statement regarding the company’s ownership structure, length of operation, and any past business name changes.
b. Evidence of good standing with applicable State licensing authorities and disclosure of any licensing disciplinary history.
c. Confirmation of compliance with applicable Federal, State, and local hiring, nondiscrimination, and equal employment opportunity laws.
d. A history of compliance with City of Pontiac ordinances, permits, and code enforcement actions, including disclosure of any notices of violation, code enforcement proceedings, unpaid fines, or unresolved permit violations within the past five years, together with a description of the resolution of any such matters.
(c) Timing. The questionnaire must be submitted at least 14 calendar days prior to bid opening or contract award unless the City provides an alternative deadline in the procurement documents. The City may require updates to questionnaire responses during the term of the contract.
(d) Scoring and certification. The City shall review and score all pre-qualification submissions based on the established evaluation criteria published for the project. A contractor achieving a score of at least 80 percent and meeting State licensing requirements, and satisfying the City’s insurance requirements as set forth by Charter, ordinance, or policy, shall be eligible to be certified as a responsible contractor and may proceed to have its bid or proposal considered for award. Certification as a responsible contractor does not guarantee award of any contract. The City expressly reserves the right, in its sole discretion and consistent with applicable law, to reject any and all bids or proposals or to award contracts based on price, quality, best value, or other lawful evaluation factors set forth in the procurement documents.
(Ord. No. 2487, 11-18-25)
2-542 Determination of responsibility; certification; notice.
(a) Review and scoring. The City shall review questionnaire responses, references, public and regulatory records, and may conduct independent verification. The City shall score pre-qualification submissions under the criteria published for the project.
(b) Certification threshold. A contractor that achieves a score of 80 percent or greater on the City’s pre-qualification scoring criteria may be certified by the City as a responsible contractor and thus eligible to have its bid or proposal considered. Certification as a responsible contractor does not guarantee award of any contract. The City expressly reserves the right, in its sole discretion and consistent with applicable law, to reject any and all bids or proposals or to award contracts on the basis of best value, price, quality, or any other lawful evaluation factor set forth in the procurement documents.
(c) Notice and opportunity to respond. Before the City Administration declares a bidder an ineligible contractor, it shall provide written notice summarizing the adverse information and an opportunity for the bidder to respond within five business days. The City’s determination after any response shall be final for the purpose of the procurement.
(d) Pre-qualification validity. A determination that a contractor is a responsible contractor may be valid for up to two years, subject to change if material information changes.
(Ord. No. 2487, 11-18-25)
2-543 Subcontractor compliance.
(a) Contractors must identify all proposed subcontractors at the time of bid submission and certify that each subcontractor meets pre-qualification requirements. Subcontractors must meet the same pre-qualification standards as contractors for the portion of work they will perform.
(b) Substitutions of subcontractors after award require City approval and shall be permitted only if the substitute meets the pre-qualification standards.
(Ord. No. 2487, 11-18-25)
2-544 Remedies and enforcement.
(a) Contract terms. City construction contracts subject to this article shall include language making compliance with pre-qualification and this article material terms of the contract.
(b) Remedies. A violation of this article or material misrepresentation on a questionnaire constitutes a material breach of contract and entitles the City to remedies including contract termination, withholding of payments, debarment from future City work for a period not to exceed five years, and any other remedies available at law or in equity.
(c) Ineligible list. The City may maintain a list of contractors determined to be ineligible. Names may be removed upon demonstration of corrective measures and at the City’s discretion.
(Ord. No. 2487, 11-18-25)
2-545 Public complaints and investigations.
The City shall make available a complaint form for the public to report suspected violations. The City shall investigate credible complaints and provide a written response to the complainant within 21 calendar days after closing the investigation or sooner if practicable.
(Ord. No. 2487, 11-18-25)
2-546 Records; confidentiality.
Pre-qualification materials and questionnaire responses are public records subject to disclosure under applicable law. The City will, to the extent permitted by law, protect legitimately confidential financial or proprietary information.
(Ord. No. 2487, 11-18-25)
2-547 Savings clause; severability.
If any provision, clause, sentence or part of this article is adjudged invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.
(Ord. No. 2487, 11-18-25)
2-548 Effective date.
The ordinance codified in this article shall take effect 30 days after enactment, unless the City Council gives immediate effect.
(Ord. No. 2487, 11-18-25)