HomeMy WebLinkAboutReso 104-1981 RESOLUTION NO. 104-81
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ADOPTING THE CITY OF SOUTH
SAN FRANCISCO MINORITY'BUSINESS PROGRAM
that-
BE IT RESOLVED by the City Council of the City of South San Francisco
1. Adoption.
The City of South San Francisco Minority Business Program, a copy
of which is attached hereto as Exhibit "1," and incorporated herein by refer-
ence, is hereby adopted.
2. Signature.
The Mayor is authorized to sign the Policy Statement on behalf
of the City.
I hereby certifY that the foregoing Resolution was regularly intro-
duced and adopted by the City Council of the City of South San Francisco at
a regular meeting held on the 2nd day of September ,
1981, by the following vote:
AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: None
ABSENT: None
City C1 erk ~/'
· ' - Page 1 of 6
EXHIBIT "1" TO RESOLUTION NO. 104-81 ADOPTED
9/2/81
I ·
CITY OF SOUTH SAN FRANCISCO MINORITY BUSINESS PROGRAM
Pol icy Statement
It is the policy of the City of South San Francisco (City) to utilize
Minority Business Enterprises in all aspects of Federal Aid Transporta-
tion contracting to the maximum extent feasible.
This policy is fully described in the City of South San Francisco
Minority Business' Program which constitutes City policy and a commit-
ment 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 California Department of Transportation (CalTrans).
The City, its contractors and subcontractors, which are the recipients
of Federal-aid funds, agree to ensure that minority business enterprises
have the maximum opportunity to part-icipate in the performance of
contracts and subcontracts. In this regard, the City and all of its
contractors and subcontractors will take all reasonable '.steps in
accordance with 49CFR23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts.
Mayor
II. Minority Business Enterprises (MBE) Liaison Officer
Mr. Robert S. Yee, Director of Public Services, is the MBE Liaison
Officer for the City. Mr. Yee will assign such staff as is necessary
to. fully' implement the provision of 49CFR Part 23 and such other MBE
programs as may be required.
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 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.
P~§e ~ of 6
- Carry out. information.and communication programs on contracting
opportunities in a timely manner.
- Investigate' the f. ull extent of services offered by banks owned
and controlled by minorities or women. Ensure that, where possi-
ble, City utilizes said banks.
- Utilize a listing, of MBE's certified by the California Department
of Transportation (CalTrans). 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 City goals for both minority and female business
enterprises.. Goals shall be evaluated on September 30 of each
year and adjusted as necessary.
- Establish individual project goals for minority and female business
enterprises. All projects with an estimated cost of $100,000 'or
more will be evaluated for the appropriateness of goals.
- Maintain such documentation as is necessary to verify City performance
of. the above aCtivities.
IV. Establishment of Overall City Goal
The City will establish an overall goal for its use of MBE's. This goal
will be updated annually as of September 30, of each year. The City's
overall goal and the methodology used to determine the goal for the
fiscal year beginning October 1, 1980, is shown on Attachment "A".
V~
Contract Goal s
All 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 follow-
ing criteria:
- Size of project.
-Opportunities for MBE's as subcontractors, vendors, suppliers.
Page 3 of 6
- 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.
- Availability of MBE's.
- Past experience on projects similar to the project being eval-
uated.
- Such other factors as may affect the u~ilization 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 ~s ~.~.the policy of the'City that minorityl business enter-
prises as defined in 49 CFR Part 23 shall have-the maximum opportunity
to participate i~n. lthe. p. erformance 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 pro-
vided under this agreement. In this regard, all recipients or con- .
tractors shall 'take all necessary and reasonable steps lin accordance
with 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 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 Transporta-
tion, City w.ill publish a notice in both minority and majority local media.
Said publication shall:
- Announce the City overall goals..
- Inform the public that the goals and a .descript'ion of how.they were
set, are available for public inspection for a period of 30 days.
- Inform the public that both U.S. DOT and City will accept con~nents
on the goals for 45 days from the date of notice.
- The notice shall advise interested parties that comments are for
informational purposes only.
Page 4 of 6
VII. Contract Procedure
This plan shall be implemented through the utilization of contract
special provisions, samples of which are attached. The appropriate
sections will be used in contracts for projects which have or do not
have an MBE goal. 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
Designated State Plan Rooms will receive complimentary plans and speci-
fications for projects within their geographical area of responsibility.
All contractors bidding 'on City projects will receive copies of the
certified MBE list for use in requesting subcontracts for labor and
ma teri a 1 s.
IX. Minority and Female Owned Banks-
City will encourage all contractors to use the services .of banks owned
and controlled by minorities or females. This encouragement will be
disseminated during pr~bid and pre-construction conferences (if scheduled)
and the contract specifications.
X. Selection Criteria for Contracts with MBE Goals
Every contract containing MBE goals shall be evaluated by the MBE liaison
Officer or hisZher designee to ascertain bidding contractors' 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/her designee before
said contract may be awarded.
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 in~nediately, advised of
any circumstances wherein contractor compliance with the .MBE provision
is questionable.. The contractor shall submit a final report for each
project with MBE goals which includes total payments to the prime con-
tractor as well as payments the prime contractor has made to MBE sub-
contractors, vendors and suppliers.. If the report .indicates the prime
contractor has not achieved the project goals, project personnel shall
attach an evaluation, in narrative form, of the reasons for failure to
attain the goals and any corrective action that was taken.
Prime contractors,.v~ill be required to notify City personnel of any
situation in which regularly scheduled progress.payments are not made
to MBE subcontractors, vendors or suppliers.
Page 5 of 6
XI. Set-Asides
.If determined necessary by the MBE Liaison Officer, City may consider
the use of MBE set-asides as a tool to achieve the oVerall City goal.
XII. Counting MBE Participants
City, its contractors, and subcontractors shall count MBE participation
in accordance with the provisions of Section 23.47, Title 49, of the
Code 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-
- Procedures which have been adopted to comply with this MBE
pol icy.
- Awards to MBE's.
- Awards to majority contractors.
- Final project reports concerning_ MBE utilization.
- Such other data as is needed to fully evaluate City compliance
with this program.
The.MBE Liaison Officer shall submit MBE data to CalTrans and reports to
U.S.. DOT elements as required. These reports will include-
- Number and ~dollar value of contracts awarded to 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.
- Reports shall be broken down separately by ethnic grouping and sex.
XIV. MBE Listing
City will utilize a listing of firms certified by CalTrans to be Minority
Businesses in accordance with the DOT Order. This listing shall be made
available to prospective contractors at no charge.
Page 6 of 6
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 CalTrans certified listing will be allowed to do so,
but will be required to provide the specified information from the
MBE to be certified by CalTrans before 'such participation is counted
towards award of the project.
XV. · Compl ai nts
Any complaints received by the city concerning this program will 'be
investigated by the City. The City will endeavor to resolve said com-
plaints 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 com-
plaint and will be requested to concur in the proposed disposition
of said complaint.
Contractors will be directed to notify the City of any complaints they
may receive concerning this program..
CITY OF SOUTH SAN FRANCISCO
SPECIAL PROVISIONS
FOR
Section 1. SPECIFICATIONS AND PLANS
The work embraced herein shall be done in accordance with the Standard Speci-
fications dated January, 1981 , the Standard Plans dated January. 1981
and the Standard Specifications for Welding Structural Steel dated January.
1981 , of the Department of Transportation insofar as the same may apply
and in accordance with the following special provisions.
In case of conflict between the Standard Specifications or the Standard Speci-
fications for Welding Structural Steel and these special provisions shall take
precedence over and be used in lieu of such conflicting portions.
DEFINITIONS AND TERMS
As used herein, unless the context otherwise requires, the following terms have
the following meaning:
Department of Transportation. The City Council of the City of South San Fran~
cisco, State of California.
Director of Transportation. The City Council of the City of South San Fran-
cisco, State of California. ~ ...........
Eng_ineer. The City Engineer of the City of South San Francisco, State of Cal-
ifornia, acting either directly or through properly authorized agents, such
agents acting within the scope of the particular duties entrusted to them.
Laboratory. The established laboratory of the Materials and research Depart-
ment of the Department of Transportation of the State of California or lab-
oratories authorized by the Engineer to test materials and work involved in
the contract.
State. The City of South San Francisco.
Transportation Building, Sacramento. City Hall, City of South San Francisco,
State of California.
State Highway Engineer. The City Engineer of the City of South San Francisco,
State of California.
STANDARD SPECIFICATIONS, Means the 1981 edition of the Standard Specifications
of the State of California, Department of Transportation. Any reference therein
to the State of California or a State agency, office or officer shall be inter-
preted to refer to the City or its corresponding agency, office or officer act-
ing under this contract.
(Use in Federal Aid Transportation projects 'with MBE goals.)
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 GENERAL.--The bidder's attention is directed to the provisions
in Section 2, "Proposal Requirements and Conditions,"of the Standard Spec-
ificaions, the section entitled "Sales Tax" elsewhere in these special pro-
visions, and these, special provisions for the requirements and conditions
which he must observe in the preparation of the proposal form and the sub-
mission of the bid.~ ~
The form of Bidder's Bond mentioned in the last paragraph in Section
2-1.07,"Proposal Guaranty," of.the Standard Specifications will be found
following the signature page of the proposal~ annexed hereto.
Prequalification of bidders, as referred to in Section 2-1.11,'"Com-
petency of Bidders", of the Standard Specifications. will .not be..required.
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 spe-
cial 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) 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, subcontractor,
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 sat-
isfying requirements for ownership and control. The MBE joint
venturer must submit a 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 perform-
.ing, 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 mat-
erial 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 cer-
tification. The MBE directory may be obtained from the Depart-
ment of Transportation at San Francisco.
(g) Noncompliance by the Contractor with the requirements of the.reg-
ulations constitute's a. breachof this contract and may result ~
termination of the contract or other appropriate remedy for such
breach. '
(Use in Federal Aid Transportation projects With MBE goals.)
-continued
Section 2. Proposal Requirements and Conditions~
(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 Department has established
a total Minority Business Enterprise (MBE) participation goal of
percent for. this project"composed of percent to
percent MBE's .owned and controlled by minorities and percent
to-~ percent ~iowned~ ~ and ' cOntrOl 1 ed 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
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, L,'Award and Execution of Contract," of the Standard Specifica-
tions and these .special provisions for the requirements and conditions con-
cerning submittal of MBE information, award, and execution of contract.
3~1'~01A MBE INFORMATION,--The apparent successful bidder (low bidder)
shall submit MBE information to the office at which bids were received with
the submittal 'of 'other documents"as required in the bid invitation unless
a later time is authorized by the Department,. Other. bidders need not Sub-
mit MBE information unless requested to do so by the 'Department. When such
request is made, the MBE information of such bidder s.hall 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 of these special provisions)
(2) A "Minority and Female Business Enterprise Questionnaire"
(SChedule A) for each MBE not already certified;
(3) A Schedule B for each MBE joint venturer.
Bidders whose submittal in ('1)' above indicates they will meet the
stated MBE goal need not submit any further MBE information, unless the Dept-
ment in its review finds that the goal has not been met, in wh,i'.Ch case add-
itional 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 effortwas 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:
-(Use in Federal Aid Transportation projects with MBE goals.)
-continued
Section 3. Submission of Minority Business Enterprise, Information,
Award, and Execution of Contract ~
(4) The names and dates of advertisement of each newspaper, trade
paper, and' minority-focus paper in which a request for MBE part-
icipation 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 mat-
erials to be supplied by MBE's;
(7) The names of MBE's who submitted bids for any of the work in-
diCated 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 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.
3-1.01B 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_ ~aith efforts to do so is a
condition for being eligible for award of contract.
(Para. 2 revised. )
('Use in all Federal Aid Projects. )
Gen- 24
7-6-81
5-1. MBE RECORDS.--The Contractor shall maintain
records ~f all subcontracts entered into with certified MBE and
female subcontractors 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.
(Use in Federal Projects with an MBE goal. )
(Paras. 4 and 5 - delete if no signal ar lighting
Federa 1
(with MBE goal )
Gert -40
1-5 -81
·
5-1. SUBCONTRACTING.--Attention is directed to the provi-
"Subcontracting, -
sions in Section 8-1.01, "of the Standard Speci
,,
fications, Section 2, Proposal. Requirements-and Conditions,
Section 3,"Submission of Minority Business Enterprise Informa-
tion, Awar'd, and Execution of Contract,". elsewhere in these'
special provisions and these special provisions.
.
·
. .
The MBE.information ~furnished under SectiOn 3-1'.0iA, "MBE
Information," of these special provisions is in addition to the
subcontractor'information required to be furnished under Said
"Subcontracting"
Section 8-1.01, .
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 the 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 4100-4113, 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 penalities 'for'-violations of
. the Act. Bidders are cautioned that this listing requirement is
in addition to the requirement to provide a. list of MBE subcon-
tractors after the opening of the proposals. Each bidder shall,
with respect to the items of signals and lighting, list in his
Proposal:
·
3a
3b
Gen -40 ( Contd )
-2 - 1 -5 -81
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 p~ime contractor in or about the construction
of the work or improvement, or a subcontractor licensed by the
State of California who, under subcontract to the prime
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.
4a
2. The portion of the work which will be done by each such- 4b
subcontractor. Only. one subcohtractor shall be listed for
each Such portion.
A sheet for listing the subcontractors, as required by the
Subletting and Subcontracting Fair Practices Act, is inclUded in
'the proposal.
O,
(Use on Federal Aid Transportation Projects without an MBE goal)
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
The bidder's attention is directed to the provisions in Section 2, "Proposal
Requirements and Conditions," of the Standard Specifications and these spec-
ial provisions .for the requirements and conditions which he must observe in
the preparation.of the proposal form and the submission of the bid.
The form of Bidder's Bond~mentioned in the last paragraph in Section 2-1.07,
"Proposal' Guaranty," of the Standard Specifications will be found following
the signature page 'of the proposal annexed hereto.
Prequalification of bidders, as referred to in Section 2-1.11, "Competency of
Bidders," of .the Standard Specifications will not be required.
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 provi-
sions, and the Regulations in their entirety are incorporated herein by
this referenCe.
It is the 'policy of the Department that minority bus.iness enterprises as
defined in said Part 23, Title 49 CFR shall have the maximum opportunity
to participate~in the performance of contracts financed .in whole or in
part'with Federal Funds. The Contractor shall ensure that.MBE's, as
defined in said Part 23, Title 49 CFR,-~have-the-maximum opportunity to parti-
cipate in'the performance of this contract, and shall take all necessary and
reasonable steps, as-set forth in said Part 23, Title 49 CFR, for such
assurance. The Contractor shall not discriminate on the basis of race, color,
national origin, or sex.in theaward and performance of subcontracts.
Failure to carry out the-requirements of this paragraph shall constitute.
a breach of contract and may result in termination of this contract or such
other remedy the Department may deem appropriate.
Bidders shall be fully informed respecting the requirements of the Regulations
and are urged to obtain MBE participation in this project, although there are
no specific~goals for MBE participation. If MBE participation is'obtained, the
successful bidder shall furnish the Engineer with the names of MBE's t° be
used, with a complete description of work or supplies to be provided by
each such MBE transaction.
(Para. 2 revised. )
(Use in all Federal Aid Projects. )
Gen-24
7-6-81
5-1. MBE RECORDS.--The Contractor shall maintain
r~cords'~f all subcontracts entered into with certified MBE and
female subcontractors 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.
(Use in Federal Projects without an MBE goal ')
(Paras. 4 and 5 -delete if ~ signal or lighting work. )
Federal
(without MBE goal}
Gen -40.5
1-5 -81
5-1. SUBCONTRACTING.--Attention is directed to the provi
sions in section 8-1.01, "Subcontracting," of the Standard Speci-
fications and.Section 2, "Proposal. Requirements and Conditions,"
elsewhere'in these special provisions and these special
..:
provisions.
The MBE informati6n furnished under Section 2-1.02, "Minority
Business Enterprise,'" of these special provisions is in addition
to the subcontractor information-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 MB~ subcontractor, shail be made
at any time without the written consent of the Department,
.
and
2. If an MBE subcontractor is unable to perform
successfully and-is to be replaced, the cgntractor 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 4100-4113, 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 penalities .for violations of
the Act. Bidders are cautioned that this listing requirement is
in addition tO the :requirement to provide a list of MBE subcon-
tractors after the opening of the proposals. Each bidder shall,
with respect' to the items of signals and lighting, list in his
Proposal: - ' .. ' . 3
- .
·
~. . . 1. ' :~ .- ¢' -~-r .... -_
... ..... ...... .- .. .-
: -.. ~ ~:-' '.j' '. . , · . . . _ .'
.-. "~ .-. - .. :'. ' -. '.;.'~.,"i:~';:'i. :-. -. i-', -
. , ..;..: - .... ~ .: . ,'../. .~
.
·
;'.'' _,:--', .~. .. . .~ . '
. .
· : -.
3
3a
3b
4
Gen-40.5 ( Contd )
-2 - 1-5 -81
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
State of California who', under subcontract to the prime
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 subcontractors, as required by the
Subletting and Subcontracting Fair Practices Act, is included in
the proposal.
4a
4b
ATTACHMENT "A"
CITY OF SOUTH SAN FRANCISCO
OVERALL MINORITY BUSINESS ENTERPRISE GOAL
FOR YEAR BEGINNING OCTOBER 1, 1980
Since the °nly Federal Aid Transportation Project con-
templated for this year, subject to the rules governing the
MBE program, (Traffic Signal Improvements, Hickey Boulevard
and Junipero Serra Boulevard.) is estimated to have a value
..
of less than $100,000, no goal is required.
Therefore, the overall MBE goal for this year has been
established at zero percent.
THIS SHEET IS FOR INFOPd4ATION PURPOSES AND
SH~LL NOT BE CONSIDERED A PART OF THIS CONTRACT
This Federal Aid Project includes goals for Minorit.v and Female '
Business Enterprise participation. The bidders attention is
directed to Sections 2, 'Proposal Requirements and Conditions,'
and 3, 'Suhmission of Minority Business Enterprise Information,
Award, and Execution of Contract,' of these special provisions.
Ill ~