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HomeMy WebLinkAbout1982-04-20; City Council; 6974; Minority Business Enterprises ProgramCIT`► JF CARLSBAD - AGENDA... LL r.CD L- ' AB#__&I 3L TITLE: DEPT. HD. ._ MTG. 4t20/82 MINORITY BUSINESS ENTERPRISES PROGRAM CITY AM-V-fd- DEPT. ENG. CITY MGR&�_;V— RECOMMENDED ACTION: Adopt Resolution No. 12ZS j Adopting the San Diego Region Minority Business Enterprise Program for Use on Those Federal Transportation Funded Contracts which Require a Minority Business Enterprise Program and Coal ITEM EXPLANATION: As of July 1, 1981, any local agency intending to finance a public works construc- tion contract with Federal Transportation Funds must have their, own Minority Busi- ness Enterprise (MBE) Program. (The Agua Hedionda Bridge reconstruction, scheduled for 1982, would fall in this category for Federal Funding.) The San Diego Region Federal Aid Urban Advisory Committee has developed a Regional MBE Program, which has been approved by CalTrans and the U.S. Department of Transportation. Adoption of this program would require the City to utilize Minority Business Enterprises to the maximum extent feasible. CalTrans will be available to aid City staff in complying with the MBE requirements. In order to use the Regional MBE Program as our own, the City must adopt the attached resolution. FISCAL IMPACT: Adoption of the San Diego Region Minority Business Enterprise Program would ensure the City's eligibility for Federal Transportation Funds. EXHIBITS: Minority Business Enterprise Program Resolution No. liprj Adopting the San Diego Region Minority Business Enterprise Program for Use on Those Federal Transportation Funded Contracts which Require a Minority Business Enterprise Program and Goal �i Page 1 of'7 June 8, 1981 SAN DIEGO COUNTY REGIO3 14INORITY BUSINESS PROGRAM I. Policy Statement µ It is the policy of local government in the San Dic•o region to utilize Minority Business Enterprises in all aspects of contracting to the maximum extent feasible. This policy is fully described in the San Diego County region Minority Business Program which constitutes a regional government policy and a commi%ment to substantially increase Minority Business and Female Business Utilization. This policy includes any program or facility funded wholly or in part by any Federal agency which requires a Minority Business Program. The local governments, their 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 local govern- ment and all of its contractors and subcontractors will take all reason- able steps in'accordance with 49CFR23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Ch•i i rman, San Diego Region yL Fede41 Aid Urban Advisory Committee e -2- II. Minorit, Business Enterprises (ORE) Liaison Officer Each local government will appoint an MBE Liaison Officer. This Officer will be assigned such staff as is necessary to fully implement the provisions of 49CFR Part 23 and such other MBE programs as may be required. The reporting structure, and duties of support staff shall be available upon request from local government. III. Duties of the MBE 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 14BE's. Arrang- solicitationF, time for the presentation of bids, quantities, specifications, and delivery schedules so as to facilitate the parti- cipation of MBE's. Provide assistance to MBE's in overcoming barriers such as inability to obtain bonding or financing. Carry out information and communication programs on contracting oppor- tunities in a timely manner. Investigate the full extent of services offered by banks owned and controlled by minorities or women. Ensure that, where possible, local government utilizes said banks. Use Caltrans listing of Certified MBE's. Said listing to be made available to all bidders on local government projects. Accept Caltrans' evaluation and verification of the eligibility of all firms and joint ventures who either claim to be or others claim to be minority owned. Approve any removal and/or substitution of a Minority Business Enter- prise 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. ' Develop such reporting systems as are necessary for local government to report on activities/ results of efforts in this program. Report quarterly if necessary progress and results of MIBE program. Establish indilidual project goals for minority and female business enterprises. All projects with an estimated cost of $100,000 or more, shall be evaluated for the appropriateness of goals. Maintain such documentation as is necessary to verify local government performance of the above activities. IV. Establishment of Overall Regional Goal 1. The Region will establish an overall goal for its use of MBE's and -J- WBE's. These goals will be updated annually as of September 30 of each year. 2. The overall goal and rationale for ttre period October 1, 1980 through September 30, 1981 is attached herewith as Appendix A. V. Contract Goals All projects with an estimated value of $100,000, or more, receiving Federal -Funds requiring an146E Program %.till be evaluated for the appro- priateness of 14BE goals. Projects will be evaluated, and goals estab- lished, utilizing the following criteria: Size of project. Opportunities for MBE's as subcontractors, vendors, suppliers. Minority population of San Diego County Existing MBE goals being utilized in the project area by other state; federal or local jurisdictions. 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 such as bonding capacity and gross annual income. 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 %,rill contain the,following provisions: (1) "folic It is the policy of the region's local governments that avmi 'rity business enterprises as defined in 49 CFR Part 23 shall rave the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the 1IBE requirements of 49 apply to this agreement. (2) "14BE Obligation. (i) Th eci r its contractor agrees to ensure that minority bus ins 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 this regard all recipients or contractors shall take all necess- ary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compet;; for and perform contracts. Recipicits and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and perform- ance'of DOT -assisted contracts." MBE use on projects without goals will he reported to the Laison Officer and will be included in local government reports. MBE use on such projects It d I -4- I- will be counted toward attainment of the overall Regional goal. VI. Leasing Goals In order to encourage 14BE's to participate in the leasing opportunities with local government the following is proposed as part of the MBE program: 1. Advertise leasing oppor"�Jlpneri. s with local governm:en is a majority and minority media news'p 2. Participate in communication programs to inform 14BE's of local govern- ment leasing opportunities and requirements. 3. The 14BE leasing goal for the period October 1, 1980 through September 30,1981 is attached herewith as Appendix B. VII. Public Notification At the time of submittal of this program to the applicable federal agency local government will publish a notice in both minority and majority media throughout the region. Said publication shall: Announce the overall Regional 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 applicable federal agency and local government will accept comments on the goals for 45 days from the date of the notice. The notice shall advise interested parties that corm;;ents 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 local government on this i program. J VIII. Contract Procedure This plan shall 'be implemented through the utilization of a contract special provision which is attached herewith.as Appendix C. These procedures require: Bidders to submit the names of MBE subcontractors and suppliers. A description of the Mork each is to perform or material to be furnished. The dollar value of each 116E subcontract. IX. minority and Famale Owned Banks Local GoverAent 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. 11 X. MBE Notification All assistance centers funded by the U. S. Department of Commerce Minority Business Development Administration) will receive complimentary plans and specifications for projects within their geographical area of responsibil- ity (San Diego County). XI. Selection Criteria for Contracts with MBE Goals. Every local government contract containing 116E goals shall be evaluated by the 14BE Liaison Officer or his/her designee to ascertain bidding contrac- tors' efforts to attain the MBE goals. The award of any project with 146E goals must be concurred with by the 146E Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between local government's functional units concerning contractors' efforts to attain contract goals for 14BE participation, the matter shall be referred to the local governments' City Engineer/ Public Works Director/Director of Engineering or his/her designee, for final determination. Competitors that fail to meet the MBE goals and fail to demonstrate suffi- cient reasonable efforts shall not be eligible to be awarded the contract. nn is that contain 14BE goals, pursuant to this policy, will be monitored Q- 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 146E provision is questionable. The contractor 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 has made to 146E subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goals, project personnel shall attach an evalua- tion, in narrative form, of the reasons for failure to attain the goals and any corrective action that was taken. Prime contractors will be required to notify local government personnel of any situation in which regularly scheduled progress payments are not made to MBE subcontractors, vendors or suppliers. XI1. MBE Set Asides Local government at this time does not plan to use the "set asides" concept to encourage 11BE's to bid local government projects. XIII.Counting MBE Participants Local government is contractors, subcontractors and recipients shall count 14BE p� ifi ion in accordance with the provisions of Section 23.47, Title 4 of the Code of federal Regulations. XIV. Records and Reports The 14BE 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. Procedures which have been adopted to comply with this MBE policy. Awards to MBE's. Awards to majc.. Ay contractors. Final project reports concerning 1,BE utilization. Such other data as is needed to fully evaluate local government compliance with this program. The 146E Liaison Officer shall submit, as required, reports to any Federal agencies requesting same. Copies of reports to FNWA will be sent to CAL - TRANS. These reports will include: ?lumber and dollar value of contracts awarded to KBE'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 departmental goal. Reports shall be broken down separately by ethnic grouping and sex. Any contractors qualifying as Small Businesses will be reported separately. XV. MBE Directory The State of California, Department of Transportation (Caltrans), maintains a listing of firms certified to be Minority Businesses in accordance with the DDT Order. This listing is in accordance with Sections 23.51, 23.53, 23.55, and 23.37 of 49 CFR. Local government will use CALTRANS' 146E listing in lieu of preparing the maintaining its own separate directory. Local government will also utilize CALTRANS' certification services for contractors and subcontractors who desire to be counted as MBE's and are not currently included in the CAL - TRANS' certified directory. Local government contractors will be permitted to rely upon the authen- ticity of firms listed in this directory. A contractor desiring to use an MBE not included in the CALTRANS' certified listing will be allowed to do so, but will be -required to provide tiie appropriate certification from the MBE before such participation is counted towards award of the project. XVI. Complaints Any complaints received by local government concerning this program will be investigated by local government. Local government will endeavor to resolve said complaints within 90 days of receipt by the M.BE Liaison Officer. The appropriate Federal agency will be furnished a copy of the complaint and invited to participate in the investigation/resolution. The Federa, agency will receive a -complete investigative report on the complaint and will be requested to concur in the proposed disposition of said complaint. i Contractors end subrecipients will be directed to notify local government of any complaints they may receive concerning this program. 7 -7- XVI-i . r"edei'a l 14anda to This policy and its contents are required by regulation promulgated by the United States Department of Transportation, 49 CFR Part 23. In the event any or all of said regulations are determined to be unlawful by a court of competent jurisdiction, this policy and its contents shall to the same extent be void, unenforceable, and not a requirement of local government. X X X X X X X X X X J SAN DIEGO REGION MBE LIST, RATIONALE, AND GOAL I. MBE List . t November 6, 1980 ; APPENDIX A 1979 Amount Firm Location Work Gross Receipts Able 1981 Bonding Use for Capacity Available Vol. 1. Avants Asphalts Ontario, CA1 Slurry Seal Coat. $ 145,000 $ 1,000,000. $ 5,000 A.C. Repair 2,—,Artlo Ind. Orange, CAl Kviufacturer2 1,703,587. 800,600. 500,000. ; 3. Bennett Trkg El Cajon CA T k' , ruc Ong e41,5..3. 2,500,000. 10,000. * 50,000.3 4.'Crystal Creek Redding, CAI Road Constr. 740,297. 3,000,000. 1,000,000. 5. Constr. Dynamics Altadena & 1 San Jose, CA Constr. Mgmt.2 Consulting N/A 10,000,000. None Development • Contracting 6. ' Bill !-lays Painting Co. San Diego, CA Blasting & Painting 150,000. 300,000.E 100,000. *150,009.4 7. iEngr. Bert. Salas Contr. Lakeside, CA Structure Exc. & Pipe Exc. 431,655. 400,000. 400,000. *400,000 ' 8.`"J. V. Plastering San Diego,CA Lath,Plaster, 100,000. 175,000. 75,000. Drywall 9. Sea Works Oakland, CA1 Constr. Land Piles N/A 3oO,000.' 80,000. • ' ^•' (Marine) 10. Group 4 San Francisco,CA1 Architecture 190,000. 500,000.. N/A ` 11. Cook,Robinson Los Angeles, CA] Public Accountants2 207,640. N/A !lone & Co. 12. Payco Special Chula Vista Parking & lighwy. Impr. 220,000. Unanswered 200,000. * 50,000.5 '13, J. L. Roof' - Co. Pamona, CAI Roofing2 48,832. 11000,000. 300,000. �-1 -2- C) 1979 Amount A Firm Location Work Gross Receipts Able 1981 Bonding Capacity Use for Available Vol. ; 14. A.C. Co. Inc. San Diego, CA General Engr. Contr. 1,856,912 2,500,000. yf *500,000.6 15. Azteca Pipeline Ontario, CAI Pipeline for 900,000. 1,000,000. None Inc. Sewer, crater, Strm. Drn. 16. D. Enterprises San Ramon, CAI Constr. Mgmt.2 0 No Answer None Consultant _-17. Southland Los Angeles, CAI Sales, Rental 1,000,000. 500,000. 1.00,000. Scaffold Erection, Scaffold & Allied product. 18. Alvarez Constr. San Diego, CA �Iepajtpjgving 695,500. 1,500,000.-,� 175,000. *700,000.7 19. Porshia Pasadena, CAI Janitoria12 500,000. . .. 1,000,000. 500,000. Alexander of Gardening Grd. Serv. America 20. Tropical Bldrs. National City, CA Constr. & Real Estate 189,219. No Answer Do Not Know *500,000.6 21. Avco I -Ian. & Kansas City1 Manfacturer & 750,000. In Materials 0 Distr. Co. Inc. Kansas Distri 15,000,000. 12. P.K. Greene Trucking Martinez, CAI Trucking Transp. 1,_000,000. 1,500,000. 11000,000. 23. Itil. Foster San Liego, CA General Engr. 877,719. 2,000,000.' 1,000,000, *900,000.7 :. Constr. Co. Asphalt & Concrete 24. Robert Shorter Fulton, CAI Contruction Contr, 500,000. 150,000. Constr. Co. Inc. 25. San Joaquin Constr. Inc. Bakersfield, CAI Pipeline Constr. 2,600,000. No Answer 500,000. . 26. Tierra Lndscpe. E1 Cajon, CA Landscape, 183,408. Variable 10,000. *50,000.7 Installations, Irrigation, Naint. ' 1979 Amount �• Firm Location Work Cross Receipts Able 1981 Bonding Cauacity Use for r Available Vol 27. Pen -Ed Russel San Diego, CA Concrete Constr. Inc. 1,900,000. 3,000,000. 1,000,000. *2,000,000.7 28. Jirch Constr. Fresno, CA Construction & 40,000. 25,000. 15;000. Engr. Corp. Engineer 29. Uribe Corp. Baidwin Park, CAi Concrete Repair No Answer 3,500,000. 800,000. 30. Tri-Counties Riverside, CAi Portable Sand- 163,982. No Limit 100,000. Sandblasting blasting 31. J. W. Mechanical San Diego, CA Air Conditioning2 1,500,000. 1,500,000. 1,000,000. Inc. H.O.E. Available Use - TOTAL $4,850,000. 1 Location not in County. 2 Work not normal with Fed. D.O.T. Projects. I 3 With low bondingcapacity figure ' P Y 9 (� times bonding) d Use last year's gross due to lour bonding capacity. 5 Limit work, in specialty ,for federal D.O.T. Projects use, 25% of boarding capacity. 6 No bonding use approximately 25% of last year's gross. ; i 7 Limited bonding use last year's gross. II. Funding Possible j -- (Taken from -Page 5 of the 1980 Regional Transportation IMprovement Program.) J Revenues - Federal Highway i'IRIA n• Aviation (ADAP) 4,299,000. 62,T2£i,000. MBE AVailable San Diego $ 41850=000_ = 7.96% say 8% 62-17 3, 0U0. III. Rationale . 1. Establish a one year year goal, look at who is providing work, from � • what location. At and of one year re-establish goal based on near hIBE sub -contractors and updated figures. 2. Our goal for the long term will be based on the population distribution subtracting the prime contractors from the goal. 3. In establishing this year's goal, the following method has been used: (1) Only Federal D.O.T. revenue was considered for funding as the primary purpose will be to establish federal D.O.T. project goals. If more progre-is are added (i.e. County projects) those revenues will be added. (2) No firm out of the County was considered as available. The trade off between firm coming into the County and firms leaving the County was assumed equal. (3) Only those types of work normally used in Federal D.O.T. projects were considered. Other firms will be considered if the 146E _ contractors are expanded to include other types of work. (4) The firms on the lis-c are all firms submitting interest in County contracts at this time. They come from CalTrans list which was sent to all state contractors. Ole will add for next year all interested firms. (5) When there was no bonding it was assumed some work could be done by the prime picking up the sub -contractor's bond. We assume only 252 of last year's gross in those cases. (6) Using all available MBE divided by total Federal D.O.T. funding the results come,out aa. (7) We should discount for: (a) 14.B.E. successful as primes of federal D.O.T. work. (b) 14.13.E. as sub -contractors on work other than Federal D.O.T. work. (c).M.B.E. successful.as primes on work other than Fed. D.O.T. work. (8) This program should account for approximately 50; of M.B.E. work. (9) The port district has submitted a M.B.E. program for 5.0 percent which has been successful. (10) Therefore, use 5.0 percent. (11) The breakdown of 4.9N 14BEs and 0.1 4JBEs is reflective of the region's MBE list which has approximately one women firm for every 50 minority firms. I IM *i alt. ccci�rundru ��t�nt. � IV. Goal The I.G.E. overall goal for the period October 1, 1980 through September 30, 1981 for the San Diego Region shall be 4.9 percent. The W.B.E. overall goal for the period October 1, 1980 through September 30, 1981 for the San Diego Region shall be 0.1 percent. APPI71DIX B •` SAN DIEGO RLGION MYNOIITY BUSINESS ENTERPRISE GOAL FOR LEASES The overall goal for local government leases is 3 percent. This percentage is based on the total income received by the San Diego Unified Port District from Lindbergh :'field tenants, other than airlines, and the income the parking concessionaire receives from the District for his services. The goal covers the period from October 1, 1980 through Septmeber 30, 1981. Depending of the actual percentage of MBE participation in the soecified coming fiscal year, the Region reserves the right to adjust the above goal as necessary to reflect actual conditions. GOAL CALCULATION: ' Calculation of the goal Has based on monthly income received by the rollowing -- Linderbergh Field tennnts: Document Firm :lame Service Provided Expiration Date �S Air Support Fac. Air Freight Terminal 6/30/99 Allied Aviation Service Sky Cap 10/31/80 Atlantic Richfield Ges/Oil 11/30/80 Cabrillo Travel Service Ticket Delivery 5/31/81 Calif. First Bank ' Branch Office 9/30/31 Chervon USA, Inc. Aviation Fuel 11/30/80 Consolidated Leasing Car Rental 7/31/87 Jack Douglas, Car Rental 6/30/82 Jack N. Dowdle, Aircraft Ticdown 4/30/01 Grand Rent-A-Car Car Rental 7/31/87 hart and J:hnson Advertising Display 7/31/87 Hertz Corporation Car Rental 7/31/87 Host International Food/Rest./Bars/Gifts .2/28/89 3imsair Aviation" FBO 9/30/92 Evan B, Jones Parking Lots 1/31/81 Lee -Al, Inc. Car Rental* . 6/30/82 Lockheed Air Terminal Grnd. Serv,/Fuel/Naste Disp. 9/30/95 S.D. Fed. Savings S Loan Branca Office 12/31/60 Shell Oil Co. Fuel 11/30/80 Teledyne Ryan Sky Chefs Food Dist. 3/31/89 Tele-Trip Co., Inc. Air Travel Insurance 6/30/00 Tevae^, Inc. Gas/Oil 11/30!80 •GIBE I , ki I -2- Trans Rent-A-Czr Car Rental** 6/30/80 Racken 11ut Corp. Security 4/30/81 Wes;= Contractor 5/31/81 **Replaced by Dollar Rent-A-Car on 7/1/80. Average total monthly income - 373,852 MBE monthly income - 10,109 Existing percentage = 10,109 X 100 = 2.7C�ti 73,852 I Appondix G SAN DIEGO COUNTY REGION SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be clone in accordance with the applicable Stan- dard Plans, except as modified in the following Special Provisions. SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 General The bidaer's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions", of the Standard Specifications for the require- ments and conditions which he must observe in the preparation of the proposal form and the submission of the bid. 2-1.02 Minority Business Enterprise This project is subject to Part 23, Title 49, Code of Federal Regulations en- titled "Participation by Minority Business Enterprise in Department of Public Works Programs". Portions of the Regulations are set forth in Section 6-1.05, of these Special Provisions, and the Regulations in their entirety are inc&- porated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations; particular attention is directed to the following matters: (a) A Minority Business Enterprise (I4BE) must be a small business concern as defined pursuant to Section 3 of the U.S. Small Business Act; (b) An MBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; (c) An 1-1BE joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying require- ments for ownership and control. The MBE joint venturer must submit Schedule B of the Regulations; (d) An MBE must {perform a coirinnercially 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 146E vendor of materials or supplies is limited to 20 percent of the price unless the vendor manufactures or substantially alters the goods; If) An, MBE must 'be certified before credit may be allowed toward the MBE goal. The Department's 1.16E Directory identifies 146Es which have been certified and others which may qualify for certification. The 1.13E Directory may be obtained from 4-2 (g) Noncompliance by the Contractor with the requirements of the regula- tions constitutes a breach of this contract and may result in termina- tion of the contract or other appropriate remedy for such breach. (h) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. 2-1.03 MBE Goals for this Project The has established a total Minority Business Enterprise MBE participation goal of percent for this project composed of percent to percent IIBE's owned and controlled by minorities and percent to percent owned and controlled by women. It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available 14BE 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 r The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Sprcifications and these special provi- sions for the requirements and conditions concerning submittal of MBE informa- tion, award, and execution of contract. 3-1.O1A MBE Information t ' The apparent successful bidder (low bidder) shall submit MBE information to the office at which bids were received no later than , unless a later time is authroized by the Other bidders need not submit MBE information unless requested to do so by the _ . When such request is made, the 14BE information of such bidder shall be submitted within 5 days, unless a later time is author- ized by the Department. The information shall include: (1) Names of NBEs 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 Questionnaire" (Schedule A) for each 14BE not already certified; (3) Schedule B for each MBE joint venturer. Bidders whose submittal in (1) above indicates they will meet the stated 14BE goal need not submit any further HBE information, unless the Department in its li 4-3 review finds that the go, has not been met, in which ca.._ additional informa- tion will be requested by the Department. The additional information may be requested to clarify claimed MBE participation, add MBE participation, or de- monstrate that a good faith effort was made to meet the MIBE goal. Such infor- mation 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 food faith efforts to do so. Such information should include the following: (4) The names and dates -of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for 14BE participation for this project was placed by the bidder; (5) The names and dates of notices of all certified 14BEs solicited by direct mail for this -project; (6) The items of work for which the bidder requested subbids or materials to be supplied by MBEs; (7) The names of MBEs who submitted bids for any of the work indicated in (6) above which were not accepted, the name of the subcontractor or supplier that was 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 14BE and the price bid by the selected subcontractor or supplers); (8) Assistance that the bidder has extended to MBEs identified in (7) + above to remedy the deficiency in the 14BEs subbids. (9) Any additional data to support a demonstration of good faith effort, such as contacts with MBE assistance agencies. t 3-1.01B Award of Contract 4 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 partici- pation or demonstrating, to the satisfaction of the Department, good faith efforts to coo so is a condition for being eligible for award of contract. n-4 IS 1 RESOLUTION NO. 6851 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE SAN DIEGO REGION MINORITY BUSINESS 3 ENTERPRISE PROGRAM FOR USE ON THOSE FEDERAL TRANSPORTATION FUNDED CONTRACTS WHICK REQUIRE A MINORITY BUSINESS ENTERPRISE 4 PROGRAM AND GOAL. 5 WHEREAS, the Federal Department of Transportation, under the Code of 6 Federal Regulations, Title 49, Part 23, requires each local government entity 7 receiving Federal Transportation Funds to implement a Minority Business Enter- 81 prise Program; and 9 WHEREAS, the Minority Business Enterprise Program must be included in any 10 local government contracts which are wholly or partially funded with Federal 11 Transportation Funds and require the inclusion of Minority Business Enterprise 12 Program provisions in the contract; and 13 WHEREAS, the San Diego Region, Federal Aid Urban Advisory Committee has 3-4 developed a Regional Minority Business Enterprise Program for use by ull the 15 regions' sixteen cities, two transit districts, the Port District and the 16 County of San Diego; and 3.7 WHEREAS, the San Dlego Region, Federal Aid Urban Advisory Committee is com 3.8 posed of representatives from all sixteen cities, the two transit districts, and, 3.9 the County of San Diego who jointly have developed this Regional Minority Busi- 20 ness Enterprise Program so that the region's Cities, Transit Districts, Port 21 District and County of San Diego may avoid the long delay, considerable expense 22 and unnecessary duplication of effort required to develop individual local gov- 2 3 ernment Minority Business Enterprise Programs; and 24 WHEREAS, the San Diego Region, Minority Business Enterprise Program was 25 approved by the Federal Department of Transportation on July 29, 1981; and 26 WHEREAS, by approving this resolution, the City of Carlsbad desires to use 27 the current Federally -approved San Diego Region Minority Business Enterprise Pro 28 gram for use on any Federal Transportation Funded contracts that may require a I 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Minority Business Enterprise Program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. The above rectitations are true and correct. 2. The City of Carlsbad does hereby instruct the San Diego Region, Federal Aid Urban Advisory Cormittee to include the City of Carlsbad in its regional response to the Federal Department of Transportation as to local government entities within this region who desire to use the San Diego Region Minority Business Enterprise Program and Goals on its Federal Transportation Funded Contracts which require a Minority Business Enterprise Program and Goal. 3. The City Engineer is hereby designated as the City of Carlsbad Minority Business Enterprise Liaison Officer in accordance with the Code of Federal Regulations, Title 49, Part 23. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 20th day of April 1982, by the following vote to wit: AYES: Council Wenbers Packard, Casler, Anear, Lewis NOES: None ABSENT: Council meuber Kulchin , RONALD C. P K1 RD, iayor ATTEST: ALETH L. "UTE AN'er y (SEAL)