R2019-55 Resolution Accepting the Bid and Authorizing the Execution of a Contract with Entler Excavating Company, Inc. for M.L. King Watermain Flow Meter Test Vault Project, City Project 2019-01

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(i) Order immediate corrective action, as apprapriate and practicable, to meet the minority participation goals or to show a good faith effort toward meeting the goa(s; (ii) Assess a fine or penalty not to exceed $2,000 for each offense, and each day on which a violation occurs or continues shall be considered a separate offense; (iii) Withhold the fine or penalty assessed from the unpaid portion of the contract; (iv) Order that the contractor will not be considered a responsive responsible bidder for future City projects until the contractor provides evidence of making a good faith effort toward meeting the City's minority participation goals. SECTION 10-6.APPEALS: The penalty assessed by the Public Works Director or his designee shall be appea[able to the City's Human Reiations Commission. SECTION 10-7.WAIVER: A. [f a cantractor does not or cannot meet the City's minority participation goals for co�tracts, it may seek in writing a waiver.The waiver request shall include,as appropriate: (i) Evidence of the contractor's good faith efforts to secure participation by MBE and minority workers; (ii} Evidence the contractor received no proposals or inquiries from qualified MBE or firms that employ rninority workers in response to a good faith effort to secure participation. B. The Public Works Director or his designee may,at his or her discretion,waive the minority participation goals upon finding: (i) The project is essential for city operations; (ii) Emergency circumstances require a waiver; (iii} Evidence of a good faith effort by the contractor; (iv) Evidence the contractor received no proposats or inquiries from qualified MBE or firms that emp(oy minority workers in response to a good faith effort to secure participation.