City of Madison - File #: 10515

• File #: 10515
• Version: 2
• Name: AA & Prequalification
• Type: Ordinance
• Status: Passed
• File created: 5/14/2008
• In control: AFFIRMATIVE ACTION COMMISSION
• On agenda: 1/20/2009
• Final action: 1/20/2009
• Enactment date: 2/6/2009
• Enactment #: ORD-09-00012
• Title: SUBSTITUTE - Amending Secs 33.07(7)(m) and 39.02(9)(e)1.a., and creating Sec. 39.02(9)(e)3. of the Madison General Ordinances to clarify procedures relating to Public Bidding and Affirmative Action Plans.
• Sponsors: David J. Cieslewicz, Joseph R. Clausius, Brian L. Solomon

Date	Ver.	Action By	Action	Result
1/20/2009	2	COMMON COUNCIL	Adopt	Pass
1/13/2009	2	AFFIRMATIVE ACTION COMMISSION	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
11/19/2008	2	BOARD OF PUBLIC WORKS	Return to Lead with the Recommendation for Approval	Pass
10/21/2008	1	AFFIRMATIVE ACTION COMMISSION
10/7/2008	1	COMMON COUNCIL	Re-refer	Pass
9/23/2008	1	AFFIRMATIVE ACTION COMMISSION	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Fail
9/23/2008	1	AFFIRMATIVE ACTION COMMISSION	RECOMMEND TO COUNCIL WITH THE FOLLOWING RECOMMENDATIONS - REPORT OF OFFICER	Pass
9/23/2008	2	AFFIRMATIVE ACTION COMMISSION	Return to Lead with the Recommendation for Approval	Pass
7/15/2008	1	COMMON COUNCIL	Re-refer	Pass
7/8/2008	1	AFFIRMATIVE ACTION COMMISSION	RECOMMEND TO COUNCIL TO RE-REFER - REPORT OF OFFICER	Pass
6/17/2008	1	COMMON COUNCIL	Re-refer	Pass
6/4/2008	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
5/20/2008	1	BOARD OF PUBLIC WORKS	Refer
5/20/2008	1	COMMON COUNCIL	Refer
5/14/2008	1	Attorney's Office/Approval Group	Referred for Introduction

Fiscal Note
No appropriation is required.
Title
SUBSTITUTE - Amending Secs 33.07(7)(m) and 39.02(9)(e)1.a., and creating Sec. 39.02(9)(e)3. of the Madison General Ordinances to clarify procedures relating to Public Bidding and Affirmative Action Plans.
Body
DRAFTER'S ANALYSIS: Following the recent receipt of some public works bids, the City Attorney was made aware of some inconsistencies in language regarding the conditional prequalification of bidders and the approval of Affirmative Action Plans. This ordinance amends both the public bidding ordinance and the Affirmative Action ordinance to make them consistent, and to require that an Affirmative Action Plan must be approved no later than the date the bids are opened. The ordinance also clarifies the method of appeal on disapproval of an Affirmative Action Plan. Following adoption of this ordinance, other changes will be made to certain bidding documents to conform to the ordinance.
The substitute ordinance makes changes to meet the concerns of the Affirmative Action Commission.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (m) entitled “Conditional Approval” of Subsection (7) entitled “Best Value Contracting” of Section 33.07 entitled “Board of Public Works” is amended to read as follows:
“(m) Conditional Approval. The City Engineer may issue conditional approvals of any application for prequalification and shall set out the conditions thereof in writing, provided, however, that no conditional approval of a bidder’s application for prequalification that relates to the pending approval of an Affirmative Action Plan shall extend beyond the date of the bid opening, at which time the contractor must be in full compliance with sec. 39.02(9)(e), MGO.”
2. Subparagraph a. entitled “Public Works Projects” of Paragraph 1. entitled “Submission of Affirmative Action Plans” of Subdivision (e...