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F- (2-03
2003-64 ()
Date: August 5, 2003
To: Honorable Mayor and City Commissioners
From: Ken James, Affirmative Action Director
Re: — Disadvantaged Contractor Recommendations
Summary of Request:
To approve the attached list of recommendations to the City’s bid proposal
process.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Staff recommends approval (The City’s Equal Opportunity Committee
approved this document on 6/23/03)
Committee Recommendation:
NA
PARMENTER OTOOLE
Attorneys at Law
175 West Appie Avenue « P.O. Box 786 & Muskegon, Michigan 49443-07
86
Phone 231.722.1621 = Fax 291.722.7866 or 231.728.2
206
www.Parmenterlaw.com
July 3, 2003
Ken James, Affirmative Action Director
City of Muskegon
933 Terrace
P.O. Box 536
Muskegon, MI 49443-0536
Dear Mr. James:
You requested our opinion regarding the recommendati
ons to amend sections of the bid proposal
process, a copy of which is attached. I presume this applies to all bids for construction projects
regardless of which department is overseeing the project. The
only changes arising from the
amendments are the inclusion of paragraphs 1a, 1c, and 7.
The amendments would:
lL. Require contractors to contract disadvantaged subcontractors or explain why the
disadvantaged subcontractors were not contacted;
2. Provide bid approval authority to the Affirmative Action Director for the
purpose of
ensuring that City regulations were followed; and
3. Add the Urban League to the list of bid document holders. “
While there is no legal impediment, you may wish to consider the following:
19) You may wish to define “disadvantaged contractor" so that contractors and
subcontractors can comply;
2) You may wish to treat the Urban League as you do any other bid holder,
If you have any other questions, please feel free to contact me.
Very truly yours,
‘ ~. | . ’
John C. Schrier
Direct: 231.722.5401 ew
Fax: 231.728.2206 G no
E-Mail Address: jcs@parmenterlaw.com A 4 py oe
Attachment ws goo
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Last Updated, August 5, 2003
Disadvantaged Contractor Recommendations
1. Bid contract changes
a. Disadvantaged Contractor Affidavit
b. Diversity Participation and Local Employment Effort
c. Affirmative Action Director review of lowest responsible bidder
Bidder list information
NAW EWN
County Wide Certification
List of Local Disadvantaged Contractors*
Best practice efforts of other communities
Scope of project breakdown
Urban League as a bid document holder
Definition: Disadvantaged Contractor
For the purpose of this document a disadvantaged contractor refers to businesses that are
owned and controlled by minorities, women, and other socially and economically
disadvantaged persons. The overall goal is to create a level playing field on which
disadvantaged contractors can compete fairly for contracts and sub-contracts with the
City of Muskegon.
Introduction
The Affirmative Action Department recommends seven changes concerning the City of
Muskegon’s current bid proposal process. By implementing the recommended changes
the City will be able to enhance its bidding process to include more participation from
disadvantaged business professionals.
1. Bid contract changes:
a. Disadvantaged Contractor Affidavit
The recommendation is that a disadvantaged contractor affidavit be added tothe City of
Muskegon current bidding forms. This affidavit would require all bidders to list all
disadvantaged contractors that were contacted to participate on the project as sub-
contractors. The bidder must clearly state which disadvantaged contractors were
contacted and, if not considered, the reason why.
b. Diversity Participation and Local Employment Effort
The recommendation is that attention is called to pages “v” and “vi” under the Invitation
for Bids section, and page 55 of part 3, section 2, Affirmative Action to Ensure Equal
Employment Opportunity. This department further recommends that City language
includes that Qualified Disadvantaged Contractors must be considered on City projects
and Prime Contractors/Bidders must consider utilizing Disadvantaged Contractors as sub-
contractors on City projects.
c. Affirmative Action Director Review of lowest responsible bidder
The recommendation is that any lowest responsible bidder referred to the City
Commission by any City Department includes the approval of the Affirmative Action
Director. This is to ensure that all regulations were met by the bidder during the bid
process.
2. Bidder list information:
The recommendation is that an official list of all bid holders be maintained in City
Clerk’s office. The list should include name of business, contact person, business
address, telephone number, fax number, and email address if applicable. This
information is to be available upon request to any individual wishing to be considered as
sub-contractor.
3, County Wide Certification:
This department recommends that the City of Muskegon continues to work with other
county agencies in formalizing a certification process.
4, List of Local Disadvantaged Contractors:
The Affirmative Action Department will maintain an accurate list of local disadvantaged
contractors and this same list will be provided to all bid holders.
Please note, once the County Wide Certification process is complete, the Affirmative
Action Department will maintain a certified list of local disadvantaged contractors.
5. Best practice efforts of other communities:
The Affirmative Action Department will remain abreast of new practices and current
trends utilized by other communities that may enhance our efforts. If deemed necessary,
new recommendations will be made.
6. Scope of project breakdown:
The City of Muskegon will continue to include on its construction sheets all jobs broken
down by job specification. This is to ensure that sub-contractors can know the specific
needs of the project and focus their particular trade.
7. Urban League as a bid document holder:
‘The recommendation is that the Urban League of Greater Muskegon, located at 425
Catawba, Muskegon, MI, 49442, is named as a bid document holder. Bids mailed to the
Urban League are for viewing purposes only. Anyone interested in bidding on a City of
Muskegon project must pick up bidding forms from the City Clerk’s office. By naming
the Urban Leagues as a bid holder, bid documents will be available for view at the City of
Muskegon in the Clerk’s, Engineer’s, and Affirmative Action offices, as well as the
Urban League of Greater Muskegon.
_-Adopted by the Equal Opportunity Committee on, June 23, 2003
Chairperson
Approved by the Muskegon City Commission on, August 12, 2003
Mayor
INVITATION FOR BIDS
CITY OF MUSKEGON, MICHIG
AN
Project Title H-1564 NIMS ST. & IRWIN AVE.
, WOOD ST. TO GETTY ST,
The City of Muskegon, Michigan
will receive sealed bids until 2:00
p.m. local time on May 20,
2003 at the City Clerk's Office,
City Hall 933 Terrace Street, Musk
egon, Michigan, at which time
and place alf bids will be publi
cly opened and read aloud for
the following Project:
“Items of work include:
Asphalt: 7,495 Sq. Yd. Aggregat
e Base Course 22A @ 8" C.LP
.; 1,838 Tons Various Bit
Mix (3C @ 165#/Sq. Yd. & 4C
Mod. Polymer Asphalt @ 220#/Sq. Yd.); 4,910 Lin. Ft.
Concrete Curb & Gutter F-4
Mod.; 1,972 Cu. Yd. Excavati
on; 7,130 Sq. Yd. Removing
Pavement; and other related
items (Engineer’s estimate is
$324,104.30)
or: a
Concrete: 270 Tons Various
Bit. Mix (3C @ 165#/Sq. Yd. &
4C Mod. Polymer Asphalt @
220#/Sq. Yd.); 8,555 Sq. Yd. Conc
rete Pavement w/6” Integral Curb
Non-Reinforced;
1,047 Cu. Yd. Excavation; 7,13
0 Sq. Yd. Removing Pavement
; and other related items
(Engineer's estimate is $426,419
.30)
Copies of Plans and Specificat
ions may be obtained on or after,
May §, 2003 by depositing $25
with the City Clerk for each set. Deposit will be refunded
if Documents are returned in good
condition within 10 days after Bid
Opening. An amount equal to
five percent (5%) of the Bid
must be submitted with each
Bid Proposal in one of three
forms acceptable to the City
Muskegon . Contract documents may be exam of
ined at the following locations:
Builders & Traders Exchange, Gran
d Rapids
F.W. Dodge Publishers, Grand
Rapids
City Engineer's Office, Muskegon
City Hall
Attention is called to the fact that
the City requires: that the Contract
work force insofar as
or consider hiring local
possible; that not less than the
salaries and
wages set forth in the
Specifications must be paid; that
14% minority and 6.9% female are
the goals established for
Participation in each trade; that
the Contractor must ensure empl
oyees and applicants for
employment are not discriminate
d against based upon their race,
national origin, handicapped creed , color, religion, sex,
condition nor veteran backgrou
nd; and that all pertinent regulati
must be complied with. ons
No bid may be withdrawn with
in sixty (60) days after bid open
ing.
The City of Muskegon reserv
es the right to reject any or
Irregularities all bids or to waive any info
in the biddin
g.
rmalities or
-. APre-Bid Conference will be held
in the second floor conference room
at 10: 00 a.m. on May 13, (Rm. 203) at City Hall,
2003, at whi ch time and place any
questions regarding this Proj
Could be Presented. Minutes from said Pre-Bid ect
ract,
Conf eren ce will become and Addendum to the
oo
CITY OF MUSKEGON,
MICHIGAN
:
PUBLISH: may 3 2003 By: Gail
A. Kundinger, City Clerk
” 9 ,
he City witl provide necessary appropriate ADA POLICY
I9 tapes for th auxiltiary aids services, for {
e example, signers for the heari i
ng impaired,
8 Notice to the Visually impaired, etc., for disabled persons who want ot atten
City. Contact: d the meeting, upon twenty-fou
r
Gail A. Kundinger, City City Clerk
933 Terrace Street, Muskegon, Mi 49440
(231) 724-6705 or TDD (231) 724-6773
Vv
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (Executive Order 11246}
1. The Bidder's attention is called to the “Equal Opportunity Clause” and the “Standard
Adopted Equal Employment Specifications” set forth in Part 3, Section Il, of the these
Documents.
The goals and the timetables for minority and female participation, expressed in
percentage terms for the Contractor’s aggregate workforce in each trade
on all
construction work in the covered area, are as follows:
TRADE GOALS FOR PARTICIPATION IN EACH TRADE
MINORITY FEMALE
ALL 14% 6.9%
These goals are applicable to all the Contractor’s construction work (whether or not
itis Federal or Federailly-assisted) performed in the covered area. If the Contractor
performs construction work in a geographical area located outside of the covered
area, it shall apply the goals established for such geographical area where the work
is actually performed. With regard to this second area, the Contractor also is subject
to the goals for both its Federally involved and nonfederaily involved construction.
The Contractor's compliance with the Executive Order and regulations in 41 CFR Part
60-4 shall be based on its implementation of the Equal Opportunity Clause, specific
affirmative action obligations required by the specifications set forth in 41 CFR 60-
4.3(a), and its efforts to meet the goals. The hours of minority and female
employment and training must be substantially uniform throughout the length of the
Contract, and in each trade, and the Contractor shall make a good faith effort to
employ minorities and women evenly on each of its projects. The transfer of
minority
or female employees or trainees from contractor to contractor for from project to
Project for the sole purpose of meeting the contractor's goals shall be a violation
of
the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours performed.
The Contractor shall provide written notification to the Director of the Office of
Federal Contract Compliance Programs within 10 working days of award
of any
Construction subcontract in excess of $10,000 at any tier
for construction work under
the Contract resulting from this solicitation. The notification shall list the name,
address and telephone number of the subcontractor; employ
er identification number
of the subcontractor; estimated dollar amount of the subcontract;
estimated starting
and completion dates of the subcontract; and the geograp
hical area in which the
Contract is to be per
formed.
As used in this Notice, and in the Contract resulting from this solicitation,
a the
Covered area” is the City of Muskegon, County
of Muskegon, State of Michigan.
vi
NOTICE OF REQU
IREMENT FOR AFFIRMATIV
E ACTION
TO INSURE EQUA
L EMPLOYMENT
OPPORTUNITY AN
D
PROHIBITING DISC
RIMINATION IN EMPLOYMENT
(Federal Execut
ive Order 1124
6)
Michigan: Elll
ot-Larson Civil Rights Ac
t
The attention
of bidders fg Par
ticularly called
applicants for to the requirem
employment
are not discri ents for ensuri
minated agains ng that employ
t. ees and
The contractor
will not discrimi
because of religi nate against any
on, race, color, na employee or appl
tional origin, age, icant for employ
marital status, ment
handicapped, or sex, helght, weight
status as a Viet , famillal status,
affirmative action nam era veteran.
to ensure that ap The contractor
during employme plicants are empl will take
nt, without rega oyed and that em
rd to their religion, rac pl oy ee s ar e treated
height, Weight, famili e, color, national
al status, marital sta Ori gin , ag e, Sex,
background, Su tus, handicapped co
ch action shalt inc ndition or veteran
upgrading, demoti lud e, but not be lim
on, or transfer; re ited to, the follow
cruitment or recr ing: employment
termination; ra uitment advertisi ,
tes of Pay or ot ng, layoff or
her forms of co :
appr enticeship. mpensa tion; selection
for training, Incl
uding .
Cv
LOCAL EMPLOY
MENT EFFORT
LABOR STANDARD
EMPLOYMENT AN S PROVISIONS
D PREVAILING WA
GE AND SALARY
REQUIREMEN TS
H@ attention of bi
dders Is particula
foncerning the paymen rly called to the
requirements Co
t of not less than the ve
; a to conditio Prevailing wage and sa red In these documents
ns of amployment la ry rates specifled, an
Ployees, with respect to cer
tain categories an d In
d classifications
of
a laborers and mechan
than Once each week, anic
d
s employed by this cont
wi th ract shall be pald uncond
ht deductions 28 ar
ou t su bs eq ue nt de du ction or rebate on any it ionally and not less
-~A@gon),
e permitted by the ap
plicable regulatio ac count (except such
ns issued by the Clt
y of
55
Disadvantaged Contractor Affidavit
Please provide the name(s) of all Disadvantaged subcontractors from whom you solicited bids for this project
and additional information below.
Disadvantaged Contractor: Contact Person: Contact Method/Date: Decision (Yes or No):
1.
~f the Disadvantaged Contractors listed above, please indicate why they will not be used on this project.
Disadvantage Contractor: Decision/Reason:
1.
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