R2019-78 Resolution Accepting the Bid and Authorizing the Execution of a Contract with Entler Excavating Company, Inc. for 2019 Miscellaneous Sanitary and Storm Sewer Improvement Project, City Project 2019-09

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� INFORMATION FOR BIDDERS: MINORITY PARTICIPATION GOALS � FOR PUBLIC WORKS CONTRACTS D. A good faith effort means the contractor took reasonable and necessary steps to achieve the minority participation goals. Good faith means the contractor actively and ,� aggressively sought participation by MBE or minority workers. The City shall consider the quality, quantity and intensity of efforts made by a contractor. � E. Evidence of a good-faith effort includes, but is not limited to, as appropriate: (i) Soliciting through all reasonable and available means the interest of MBE and mmority workers; � (ii) Outreach and recruitment efforts of MBE and minority workers; (iii) Packaging requirements, when feasible, into tasks or quantities that permit maximum participation from MBE and mmority workers; � (iv) Providing interested MBE and firms that employ minority workers with adequate information about the bidding process, adequate time to respond and assistance in responding to a solicitation; � (v) Negotiating in good faith with MBE and firms that employ minority workers; (vi) Assisting interested MBE and firms that employ minority workers in obtaining bonding, lines of credit or insurance; � (vii) Assisting interested MBE and firms that employ minority workers in obtaining necessary equipment, supplies or materials; (viii) Seeking services from available minority community organizations; minority � contractors' groups, minority business assistance offices and other organizations, as appropriate, to provide assistance in recruiting MBE and minority workers; (ix) If an MBE or a firm that employs minority workers is rejected, providing sound � reasons for rejection based on a thorough investigation of the firm; (x) Providing payroll records or other evidence showing the percentage of minority workers employed on the project or the percentage of project hours completed by � minority workers; (xi) All other good faith efforts or evidence of due diligence to meet the City's minority participation goals. � F. The minority participation goals shall be reviewed annually by the City Manager or his designee. Any changes of the goals shall require a majority vote by Decatur City Council. � SECTION 10-4. PROGRAM ADMINISTRATION: A. The Public Works Director, or his designee, shall: � (i) Administer and enforce the provisions of this Article; (ii) Monitor, track and report on contractors over the contract duration to ensure compliance with this Article. � SECTION 10-5. PENALTIES: � A. If a contractor fails to meet the City's minority participation goals and fails to provide evidence of a good faith effort to meet the goals, the Public Works Director or his designee may, as appropriate: � (i) Order immediate corrective action, as appropriate and practicable, to meet the minority participation goals or to show a good faith effort toward meeting the goals; � (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; 11