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HomeMy WebLinkAbout82-551 2 3 4 10 12 13 15 16 17 2O 21 22 23 24 25 27 2~ RESOLUTION NO. 82-55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING A MINORITY BUSINESS PROGRAM The City Council of the City of Ukiah does hereby RESOLVE: That the City Council does hereby adopt a Minority Business program, a copy of which is attached hereto, and authorize the City Manager to verify this action by his execution of the "Policy Statement" portion of the Program and to transmit copies of the adopted plan to Caltrans for approval. PASSED AND ADOPTED this 21st day of April , 1982 by the following roll call vote: AYES'Councilmembers Hickey, Feibusch, Riley, Myers NOES'Councilmember Snyder ABSENT'None MAYOR ATTEST' CITY CLERK CITY OF UKIAH MINORITY BUSINESS PROGRAM I. Policy Statement It is the policy of the City of Ukiah to utilize Minority Business Enterprises in all aspects of contracting to the maximum extent feasible. This policy is fully described in the City of Ukiah Minority Business Program which constitutes City policy and a commitment to substantially increase Minority Business and Female Business Utilization. This policy includes any program or facility funded wholly or in part by any U.S. Department of Transportation modal element, through the City of Ukiah. The City of Ukiah, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ensure that minority business enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, the City of Ukiah and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. ~ity ~nager, City ~iaKent PaY'~-ff h II. Minority Business Enterprises (MBE) Liaison Officer Mr. A.S. Kruth, Director of Public Works is the MBE Liaison Officer for the City of Ukiah and shall report to the City Manager. Mr. Kruth will be assigned such staff as is necessary to fully implement the provision of 49CFR Part 23 and such other MBE programs as may be required. The reporting structure and duties of support staff are shown on Attachment A. III. Duties of the Liaison Officer The MBE Liaison Officer shall develop, manage and implement the MBE Program on a day-to-day basis. The Liaison Officer shall: . Develop and carry out technical assistance programs for MBE's. Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules, so as to facilitate the participation of MBE's. Where such changes are found necessary to increase MBE utilization, they will be made in consultation and cooperation with the functional unit involved. Provide assistance to MBE's in overcoming barriers, such as inability to obtain bonding or financing. Carry out information and communication programs on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. -2- Investigate the full extent of services offered by banks owned and controlled by minorities or women. Ensure that, where possible, the City utilizes said banks. Utilize a listing of MBE's certified by the State of Califor- nia. Said listing to be made available to all bidders on City projects. Such listing shall include, at a minimum, the following information: Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. Approve any removal and/or substitution of a Minority Business Enterprise during contract performance. Prior to approval of substitution and/or removal of MBE, prime contractors will be required to prove performance of good faith efforts to replace the MBE with another eligible MBE. Establish overall project goals for both minority and female business enterprises. Goals shall be evaluated on June 30 of each year and adjusted as necessary. Establish individual project goals for minority and female business enterprises. Ail projects with an estimated cost of $100,000 or more will be evaluated for the appropriateness of goals. -3- Maintain such documentation as is necessary to verify the City of Ukiah performance of the above activities. IV. Establishment of Overall City of Ukiah Goal The City will establish an overall goal for its use of MBE's. This goal will be updated annually as of June 30, of each year. The City of Ukiah overall goal and the methodology used to determine the goal for the fiscal year beginning July 1, 1981 is shownon Attachment B. Ve Contract Goals Ail projects with an estimated value of $100,000 or more, receiving U.S. DOT funds, will be evaluated for the appropriateness of MBE goals. Projects will be evaluated and goals established, utilizing the following criteria: · Size of project · Opportunities for MBE's as subcontractors, vendors, suppliers. Minority population of county in which work is to be performed. Existing MBE goals being utilized in the project area by other State, Federal or local jurisdictions. -4- · Availability of MBE's. Past experience on projects similar to the project being evaluated. . Such other factors as may effect the utilization of MBE's. Each project will be evaluated in conformance with the above criteria. Complete documentation will be retained of every project so evaluated. Contracts which do not contain specific goals will contain the following provisions: (1) "Policy. It is the policy of the City of Ukiah that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement." (2) "MBE Obligation. (i) The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In -5- this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with the 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts." MBE use on projects without goals will be reported to the Liaison Officer and will be included in City of Ukiah reports to Caltrans and to the appropriate DOT element. MBE use on such projects will be counted toward attainment of the overall City goal. VI. Public Notification At the time of submittal of this program to the U.S. Department of Transportation, the City of Ukiah will publish a notice in both minority and majority local media. Said publication shall: · Announce the City of Ukiah overall goals. Inform the public that the goals and a description of how they were set, are available for public inspection for a period of 30 days. Inform the public that both the U.S. DOT and the City of Ukiah will accept comments on the goals for 45 days from the date of the notice. -6- The notice shall advise interested parties that comments are for informational purposes only. In addition to the foregoing, interested minority and majority contractor organizations will receive direct mailings of this complete program with a request that they provide written comments to the City of Ukiah on this program. VII. Contract Procedure This plan shall be implemented through the utilization of a contract special provision which is attached hereto. These procedures require bidders to submit the names of MBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each MBE subcontract. VIII.MBE Notification Ail MBE's on the State of California certified MBE listing will receive appropriate notification of projects scheduled to be advertised. MBE assistance centers will also receive notification. Ail assistance centers funded by the U.S. Department of Commerce (Minority Business Development Administration) and designated as State Plan Rooms will receive complimentary plans and specifications for projects within their geographical area of responsibility. -7- IX, Minority and Female Owned Banks The City of Ukiah will encourage all contractors to use the services of banks owned and controlled by minorities or females. This encouragement will be disseminated during pre-bid and pre-construction conferences (if scheduled) and the contract specifications. Xe Selection Criteria for Contracts with MBE Goals Every contract containing MBE goals shall be evaluated by the MBE Liaison Officer or his designee to ascertain bidding contractor's efforts to attain the MBE goals. The award of any project with MBE goals must be concurred with by the MBE Liaison Officer or his designee before said contract may be awarded. Should there be disagreement between City of Ukiah functional units concerning contractors' efforts to attain contract goals for MBE participation, the matter shall be referred to the City Manager or his designee for final determination. Competitors that fail to meet the MBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. Any contracts that contain MBE goals, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The MBE Liaison Officer is to be immediately advised of any circumstances wherein contractor compliance with the MBE provision is questionable. The contractor -8- shall submit a final report for each project with MBE goals which includes total payments to the prime contractor as well as payments the prime contractor ha suppliers. If the rep¢ achieved the project evaluation, in narratiw the goals and any correc Prime contractors will personnel of any situat payments are not made tc s made to MBE subcontractors, vendors and .rt indicates the prime contractor has not .oals, project personnel shall attach an form, of the reasons for failure to attain tive action that was taken. be required to notify City of Ukiah ion in which regularly scheduled progress MBE subcontractors, vendors or suppliers. XI. Set-Asides If determined necessry by the MBE Liaison Officer, the City of Ukiah will consider the use of MBE set-asides as a tool to achieve the overall City goal. XII. Counting MBE Participantis The City of Ukiah, its contractors, and subcontractors shall count MBE participation in accordance with the provisions of Section 23, 47, Title 49, of the CoRe of Federal Regulations. XIII.Records and Reports The MBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure full compliance with this policy. Such records and reports shall include, as a minimum, the following information. -9- Procedures which have been adopted to comply with this MBE policy. · Awards to MBE policy . Awards to majority contractors · Final project reports concerning MBE utilization. Such other data as is needed to fully evaluate City of Ukiah compliance with this program. The MBE Liaison Officer shall submit reports to Caltrans and to U.S. DOT elements as required. These reports will include: · Number and dollar value of contracts awarded to the MBE's. Description of general categories of contracts awarded to MBE's. The percentage of the dollar value of all contracts awarded during the quarter which were awarded to MBE's. Indication as to the extent of which the percentage met or exceeded the overall City goal. -10- Reports shall be broken down separately by ethnic grouping and sex. XIV. MBE Listing The City of Ukiah will utilize a listing of firms certified by the State of California to be Minority Businesses in accordance with the DOT Order. This listing will be developed and maintained in accordance with Sections 23.51, 23.53, 23.55, and 23.87 of 49 CFR. This listing shall be made available to prospective contractors at no charge. Contractors will be permitted to rely upon the authenticity of firms listed in this directory. A contractor desiring to use a MBE not included in the State of California certified listing will be allowed to do so, but will be required to provide the appropriate certification from the MBE before such participation is counted towards award of the project. XV. Complaints Any complaints received by the City of Ukiah concerning this program will be investigated by the City. The City will endeavor to resolve said complaints within 90 days of receipt by the MBE Liaison Officer. The appropriate DOT element will be furnished a copy of the complaint and invited to participate in the investigation/resolution. The DOT element will receive a complete investigative report on the complaint and will be requested to concur in the proposed disposition of said complaint. -11- Contractors will be directed to notify the City of Ukiah of any complaints they may receive concerning this program.. -12- ATTACHMENT A Mr. A.S. Kruth, Director of Public Works as MBE Liaison Officer for the City of Ukiah will use Mr. B.R. Beard, Assistant Director of Public Works and any necessary members of the Engineering Department staff for the administration of the MBE program. ATTACHMENT B The population mix in Mendocino County, as determined by the 1980 Census, is as follows: Catagory Number of Residents Percent of County Total White Black Indian, Eskimo Aleut Asian, Pacific Islander Other 61,646 92.4 345 0.5 2,375 3.5 455 0.7 1,917 2.9 Total 66,738 100.0 Included in the above totals was a Hispanic indicator (Spanish Surnames) accounting for 3,688 residents or 5.5 percent of the total County population. Approximately thirty (30) formal contracts have been awarded by the City Council during the past five (5) years. The prime contractors for these projects included one (1) 100% Female and one (1) Asian owned firms. For subcontracting work on these projects, our records indicate ten (10) percent of one (1) project funded by EDA used an MBE. The prime contractor for the EDA project had difficulty meeting the ten (10) percent subcontractor requirement. The MBE employed was from near the San Francisco Bay area. In general, the volume of construction projects in the Mendocino County area is not sufficient to attract MBE firms to establish themselves here or even bid for any portion of the work. Based upon the above, past projects and future projects the City of Ukiah has determined the following goals for the Ukiah MBE Program: Overall Goal: 6% Overall Goal for Minority Participation: O~erall Goal for Female Participation: 3% 3% The above established goals shall remain in effect until June 30, 1983 and shall thereafter be updated annually by or before June 30 of each year. 6-27 MINORITY BUSINESS REQUIREMENTS 2-1.02 MINORITY BUSINESS ENTERPRISE.--This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation' By Minority Business Enterprise in Department "of Transportation Programs." Portions of the Regulations are set forth in Section 6-1.05, of these special provisions, and the Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations; particular attention is directed to the following matters: (~) A Minority Business Enterprise (MBE) must be a small Business concern' as defined pursuant to Section 3 of U.S. Small Business Act; (b) An MBE may participate as a prime contractor, subcon- tractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; (c) An MBE joint venture partner must be responsible for a clearly defined portion,of the work to be performed in addition to satisfying requirements'for ownership and control. The MBE joint venturer must submit Schedule B of the Regulations; (d) An MBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; (e) Credit for an MBE vendor of materials or supplies is limited to 20 percent of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods. (f) An MBE must be certified before credit may be allowed toward the MBE goal. The Department's MBE Directory identifies MBE's which have been certified and others which may qualify for certification; (g) Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for such breach; (h) Bidders are encouraged to utilize services offered by banks owned or controlled by minorities or women. 2-1.03 MBE GOALS FOR THIS PROJECT.-- The Department has established a total Minority Business Enterprise (MBE) participation goal for this project composed of percent MBE's owned and controlled by- minorities and percent owned and controlled by women. It is the bidder's responsibility to make a sufficient portion of the work available to subcontractor's and to suppliers and to select those portions of the work or material needs consistent with the available MBE subcontractors and suppliers, so as to assure meeting the goal for MBE participation. SECTION 3. SUBMISSION OF MINORITY BUSINESS ENTERPRISE INFORMATION, AWARD, AND EXECUTION OF CONTRACT 3-1.01 GENERAL.--The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the information, award, and execution of contract. 3-1.0lA MBE INFORMATION.--The apparent successful bidder (low bidder) shall submit MBE information to the office at which bids were received no later than 2:00 P.M. on Tuesday of the week following bid opening, unless a later time is authorized by the Department. Other bidders need not submit MBE information unless requested to do so by the Department. When such request is made, the MBE information of such bidder shall be submitted within 5 days, unless a later time is authorized by the Department. The information shall include: (1) Names of MBE's to be used, with a complete description of work or supplies to be provided by each and the dollar value of each such MBE transaction; (Note, MBE subcontractors for signal and lighting items, if there are such items of work, must have been named in the bid - See section entitled "Subcontracting" of these special provisions). (2) A "Minority and Female Business Enterprise Questionaire" (Schedule A) for each MBE not already certified. (3) Schedule B, for each MBE joint venture. Bidders whose submittal in (1) above indicates they will meet the stated MBE goal need not submit any further MBE information, unless the Department in its review finds that the goal has not been met, in which case additional information will be requested by the Department. The additional information may be requested to clarify claimed MBE participation, add MBE participation, or demonstrate that a good faith effort was made to meet the MBE goal. Such information shall be submitted promptly upon request by the Department. It is the bidder's responsibility to meet the goal of MBE participation or to provide information to establish good faith efforts to do so. Such information should include the following: (4) The name and dates of advertisement of each newspaper, trade paper, and minority-focus paper in which a request for MBE-participation for this project was placed by the bidder; (5) The names and dates of notices of all certified MBE's solicited by direct mail for this project; (6) The items of work for which the bidder requested subbids or materials to be supplied by MBE's; (7) The names of MBE's who submitted bids for any of the work indicated in (6) above which were not accepted, the names of the subcontractor or supplier that was not selected for that portion of work, and the reasons for the bidder's choice. (If the reason was price, give the price bid by the rejected MBE and the price bid by the selected. (Subcontractor or supplier); (8) Assistance that the bidder has extended to MBE's identified in (7) above to remedy the deficiency in the MBE's subbids; (9) Any additional data to support a demonstration of good faith effort, such as contacts with MBE assistance agencies; 3-1.0lB AWARD OF CONTRACT.--The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for MBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for MBE participation or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for award of contract. 4-1.01 MBE RECORDS.--The Contractor shall maintain records of all subcontracts entered into with certified MBE and female subcon- tractors and records of materials purchased from certified MBE and female suppliers. Such records shall show the name and business address of ~each MBE and female subcontractor or vendor and the total dollar amount actually paid each MBE and female subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepared and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer within 30 days after acceptance by the Director. 5-1. SUBCONTRACTING.--Attention is directed to the provisions in Section 8-1.01, "Subcontracting" and Section 2. "Proposal Require- ments and Conditions", of the Standard .Specifications, Section 3. "Submission of Minority Business Enterprise Information, Award and Execution of Contract", elsewhere in these special provisions and these special provisions. The MBE information furnished under Section 3-1.O1A, "MBE Information", of these special provisions is in addition to the subcontractor ~nformation required to be furnished under said Section 8-1.01. "Subcontracting". In accordance with the Federal MBE regulations (Section 23.45(f)(2) Part 23, Title 49 CFR). 1. No substitution of an MBE subcontractor shall be made at any time without written consent of the Department, and 2. If an MBE subcontractor is unable to perform successfully and is to be replaced, the contractor will be required to make good faith efforts to replace the original MBE subcontractor with another MBE subcontractor. The "Subletting and Subcontracting Fair Practices Act" (Government Code Section 4100-4133, inclusive) applies to the items of signals and lighting and requires subcontractors, if used for such work, to be listed in the prime contractor's proposal; prohibits the substitution of subcontractors, except as therein authorized; and provides for penalties for violations of the Act. Bidders are cautioned that .this listing requirement is in addition to the requirement to provide a list of MBE subcontractors after the opening of the proposals. Each bidder shall, with respect to the items of signals and lighting, list in his Proposal: 1. The name and ~the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. 2. The portion of the work which will be done by each such subcontractor. Only one subcontractor shall be listed for each such portion. A sheet for-listing the subcontractor's, as required by the Subletting and Subcontracting Fair Practices Act, is~ included in the proposal.