HomeMy WebLinkAboutContract 50187January 21, 2018
FORTWORTH.
Dolores P. Leyva
Compliance Specialist
Office of Civil Rights — ACR -4
Federal Aviation Administration
15000 Aviation Blvd., Room 3025
Lawndale, CA 90261
Re: City of Fort Worth DBE Goal for FY 2013-2015
Dear Ms. Leyva:
CITY SECRETARY
CCNrxACT N0. 670 07
Pursuant to 49 CFR, Section 26.45, enclosed is the City of Fort Worth's submission of its
Disadvantaged Business Enterprise (DBE) Program aspirational goal as required for the
Fiscal Year 2013 through 2015 for recipients receiving funds from the Federal Aviation
Administration.
If you have any questions or require additional information, please contact Gwen Wilson,
DBE Civil Rights Liaison, at (817) 392-2676.
Respectful)
Robert Sturns
Economic Development Director
c: William B. Welstead, Aviation Director
Aya C. Ealy, Sr. Management Analyst
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ECONOMIC DEVELOPMENT DEPARTMENT
The City of Fort Worth * 1150 South Freeway * Fort Worth, Texas 76104
817-392-2622 * Fax 817-392-2650
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January 21, 2018
FORTWORTH.
Dolores P. Leyva
Compliance Specialist
Office of Civil Rights — ACR -4
Federal Aviation Administration
15000 Aviation Blvd., Room 3025
Lawndale, CA 90261
Re: City of Fort Worth DBE Goal for FY 2013-2015
Dear Ms. Leyva:
CITY SECRETARY
CCNrxACT N0. 670 07
Pursuant to 49 CFR, Section 26.45, enclosed is the City of Fort Worth's submission of its
Disadvantaged Business Enterprise (DBE) Program aspirational goal as required for the
Fiscal Year 2013 through 2015 for recipients receiving funds from the Federal Aviation
Administration.
If you have any questions or require additional information, please contact Gwen Wilson,
DBE Civil Rights Liaison, at (817) 392-2676.
Respectful)
Robert Sturns
Economic Development Director
c: William B. Welstead, Aviation Director
Aya C. Ealy, Sr. Management Analyst
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ECONOMIC DEVELOPMENT DEPARTMENT
The City of Fort Worth * 1150 South Freeway * Fort Worth, Texas 76104
817-392-2622 * Fax 817-392-2650
FORTWORTH.
City of Fort Worth's Disadvantaged Business Enterprise (DBE) Program
Table of Contents
PolicyStatement............................................................................................................................................ 1
SUBPART A — GENERAL REQUIREMENTS................................................................................................. 2
Objectives(26.1)......................................................................................................................................................
2
Applicability(26.3).................................................................................................................................................
2
Definitions(26.5)....................................................................................................................................................
2
Nondiscrimination(26.7)........................................................................................................................................
2
Record Keeping Requirements (26.11)................................................................................................................... 2
Federal Financial Assistance Agreement(26.13).....................................................................................................
3
SUBPART B — ADMINISTRATIVE REQUIREMENTS.................................................................................
4
DBEProgram Updates (26.21)...............................................................................................................................
4
PolicyStatement(26.23)..........................................................................................................................................
4
DBE Liaison Officer (DBELO)(26.25)..................................................................................................................
4
DBEFinancial Institutions (26.27).........................................................................................................................
5
Prompt Payment to Subcontractors (26.29)............................................................................................................
5
Directory(26.31)....................................................................................................................................................
6
OverConcentration(26.33)....................................................................................................
6
Business Development Programs (26.35)....................................................................................
7
Monitoring and Enforcement Mechanisms (26.37)........................................................................
7
Fostering Small Business Participation (26.39)............................................................................
8
SUBPART C - GOALS, GOOD FAITH EFFORT AND COUNTING ............................................
8
Set -asides or Quotas (26.43).................................................................................................
8
OverallGoals (26.45).........................................................................................................
8
Failure to Meet Overall Goals(26.47)......................................................................................
1 1
OverallGoals 26.51(d-g)....................................................................................................
11
Good Faith Efforts (26.53)..................................................................................................
12
Counting DBE Participation (26.55).......................................................................................
16
SUBPART D - CERTIFICATION STANDARDS...................................................................
17
Certification (26.61 - 26.73).................................................................................................
17
SUBPART E - CERTIFICATION PROCEDURES..................................................................
17
Unified Certification Programs(26.81-26.91).............................................................................
17
SUBPART F - COMPLIANCE AND ENFORCEMENT
Information, Confidentiality, Cooperation (26.109)......................................................................
17
Attachments...................................................................................................................
19
Attachment 1: 49 CFR Part 26 Federal Regulation......................................................................
20
Attachment 2: Organizational Chart - Business Diversity & Development Department ...........................
21
Attachment 3: Bidder's List Request for Information.................................................................. 22
Attachment 4: Texas DBE Directory or web link to DBE directory ................................................... 23
Attachment 5: 26.45 Overall DBE Three -Year Goal Methodology ........................... .........................24-32
Attachment 6: Forms 1 & 2 — DBE Utilization & Letter of Intent......................................................33-34
Attachment 7: DBE Monitoring and Enforcement Mechanisms......................................................... 35
Attachment 8: DBE Certification Application Form........................................................................ 36
Attachment 9: State's UCP Agreement....................................................................................... 37
Attachment 10 Small Business Element....................................................................................... 38
APPENDIX:
Appendix A: Business Diversity Enterprise Ordinance
Appendix B: DBE Certification Application
Appendix C: State's UCP Agreement
POLICY STATEMENT
Section 26.1, 26.23 Objectives/Policy Statement
The City of Fort Worth ("City") owner of Alliance, Meacham, and Spinks Airport(s)] has established
a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S.
Department of Transportation (DOT), 49 CFR Part 26. The City has received Federal financial
assistance from the Department of Transportation, and as a condition of receiving this assistance,
the City has signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of the City to ensure that DBEs as defined in Part 26, have an equal opportunity to
receive and participate in DOT—assisted contracts. It is also our policy:
1. To ensure nondiscrimination in the award and administration of DOT- assisted contracts;
2. To create a level playing field on which DBEs can compete fairly for DOT -assisted contracts;
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
participate as DBEs;
5. To help remove barriers to the participation of DBEs in DOT assisted contracts;
6. To promote the use of DBEs in all types of federally -assisted contracts and procurement
activities;
7. To assist the development of firms that can compete successfully in the market place outside
the DBE Program; and
8. To provide appropriate flexibility to recipients of Federal financial assistance in
establishing and providing opportunities for DBEs.
Business Development Manager, Office of Business Development Division, Economic
Development Department has been delegated as the DBE Liaison Officer. In that capacity, the
Business Development Manager is responsible for implementing all aspects of the DBE program.
Implementation of the DBE program is accorded the same priority as compliance with all other
legal obligations incurred by the City in its financial assistance agreements with the Department
of Transportation.
DaV
Cooke, City Manager
112-#120,(,?
Daite
1
SUBPART A — GENERAL REQUIREMENTS
Section 26.1 Objectives
Refer to the objectives found in the policy statement on the first page of this program.
Section 26.3 Applicability
The City is the Recipient of Federal airport funds authorized by 49 U.S.C. 47101, et seq.
Section 26.5 Definitions
The Citywill use terms in this program that have the meaning defined in Section 26.5.
Section 26.7 Non-discrimination Requirements
The Citywill never exclude any person from participation in, deny any person the benefits
of, or otherwise discriminate against anyone in connection with the award and
performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex,
or national origin.
In administering its DBE program, the Citywill not, directly or through contractual or other
arrangements, use criteria or methods of administration that have the effect of defeating
or substantially impairing accomplishment of the objectives of the DBE program with
respect to individuals of a particular race, color, sex, or national origin.
Section 26.11 Record Keeping Requirements
Reporting to DOT: 26.11
(b) You must continue to provide data about your DBE Program to the Department as
directed by DOT operating administrations.
We will report DBE participation to DOT/FAA as follows:
We will transmit to FAA annually on December 1, the "Uniform Report of DBE Awards
or Commitments and Payments" form, found in Appendix B to this part. We will also
report the DBE contractor firm information either on the FAA DBE Contractor's Form
or other similar format. We will begin using the revised Uniform Report of DBE Awards
or Commitments and Payments for reporting due December 1, 2015.
2
Bidders List: 26.11(c
The City will create and maintain a bidders list. The purpose of the list is to provide as
accurate data as possible about the universe of DBE and non -DBE contractors and
subcontractors who seek to work on our DOT -assisted contracts for use in helping to
set our overall goals. The bidders list will include the name, address, DBE and non -
DBE status, age of firm, and annual gross receipts of firms — Attachment 3.
Section 26.13 Federal Financial Assistance Agreement
The City has signed the following assurances, applicable to all DOT -assisted contracts
and their administration:
Assurance: 26.13(a) - Each financial assistance agreement the City signs with a DOT
operating administration (or a primary recipient) will include the following assurance:
The City shall not discriminate on the basis of race, color, national origin, or sex in
the award and performance of any DOT -assisted contract or in the administration
of its DBE program or the requirements of 49 CFR part 26. The City shall take all
necessary and reasonable steps under 49 CFR part 26 to ensure
nondiscrimination in the award and administration of DOT -assisted contracts. The
City's DBE program, as required by 49 CFR part 26 and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of
this agreement. Upon notification to the City of its failure to carry out its approved
program, the Department may impose sanctions as provided for under 49 CFR
part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.
3801 et seq. ).
Contract Assurance: 26.13b — The City will ensure that the following clause is included in
each contract we sign with a contractor and each subcontract the prime contractor signs
with a subcontractor:
The contractor, sub City or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of DOT -
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy as the [City] deems appropriate, which may include, but is not limited to: (1)
Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated
damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible.
SUBPART B - ADMINISTRATIVE REQUIREMENTS
Section 26.21 DBE Program Updates
The City is required to have a DBE program meeting the requirements of this part as it
will receive grants for airport planning or development and will award prime contracts,
cumulative total value of which exceeds $250,000 in FAA funds in a federal fiscal year.
We are not eligible to receive DOT financial assistance unless DOT has approved our
DBE program and we are in compliance with it and this part. We will continue to carry
out our program until all funds from DOT financial assistance have been expended. We
do not have to submit regular updates of our program, as long as we remain in
compliance. However, we will submit significant changes in the program for approval.
Section 26.23 Policy Statement
The Policy Statement is elaborated on the first page of this DBE Program.
Section 26.25 DBE Liaison Officer (DBELO)
We have designated the following individual as our DBE Liaison Officer:
Name. Gwen Wilson
Title: Business Development Manager, Office of Business
Diversity, Economic Development Department
Address. 1150 South Freeway, Fort Worth, TX 76104
Telephone Number 817-392-2674
Fax Number: 817-392-2681
E-mail Address: pwen. wilson(a)fortworthtexas. gov
In that capacity, the DBELO is responsible for implementing all aspects of the DBE
program and ensuring that the City complies with all provision of 49 CFR Part 26. The
DBELO has direct, independent access to the City Manager, David C. Cooke, concerning
DBE program matters. An organization chart displaying the DBELO's position in the
organization is found in Attachment 2 to this program.
The DBELO is responsible for developing, implementing and monitoring the DBE
program, in coordination with other appropriate officials. The DBELO has a staff of five
(5) direct employees in coordination with the Aviation Department, City Attorney's Office
and several consultant engineers to assist in the administration of the program. The
duties and responsibilities include the following:
Include only those responsibilities that the DBELO actually performs. Add additional
responsibilities if appropriate.
1. Gathers and reports statistical data and other information as required by DOT.
M
2. Reviews third party contracts and purchase requisitions for compliance with this
program.
3. Works with all departments to set overall annual goals.
4. Ensures that bid notices and requests for proposals are available to DBEs in a timely
manner.
5. Identifies contracts and procurements so that DBE goals are included in solicitations
(both race -neutral methods and contract specific goals) and monitors results.
6. Analyzes City's progress toward attainment and identifies ways to improve progress.
7. Participates in pre-bid meetings.
8. Advises the CEO\governing body on DBE matters and achievement.
9. Liaison to the City's M/WBE Advisory Committee.
10. Determine contractor compliance with good faith efforts.
11. Provides DBEs with information and assistance in preparing bids, obtaining bonding
and insurance.
12. Plans and participates in DBE training seminars.
13.Acts as liaison to the Uniform Certification Process.
14. Provides outreach to DBEs and community organizations to advise them of
opportunities.
15. Maintains the agency's updated directory on certified DBEs.
Section 26.27 DBE Financial Institutions
It is the policy of the City to investigate the full extent of services offered by financial
institutions owned and controlled by socially and economically disadvantaged individuals
in the community, to make reasonable efforts to use these institutions, and to encourage
prime contractors on DOT -assisted contracts to make use of these institutions.
The City's good faith effort to identify financial institutions owned and controlled by
socially and economically disadvantaged individuals in the community are as follows.-
The
ollows.The City has a directory of Minority-owned Depository Institutions and their branches as
of December 31, 2016 sorted by State. The list is available to all contractors.
Section 26.29 Prompt Payment Mechanisms
The City has established, as part of its DBE Program, a contract clause to require prime
contractors to pay subcontractors for satisfactory performance of their contracts no later
than 10 [calendar] days from receipt of each payment you make to the prime contractor.
We will ensure prompt and full payment of retainage from the prime contractor to the
subcontractor within 10 [calendar] days after the subcontractor's work is satisfactorily
completed. We will use one of the following methods to comply with this requirement:
Hold retainage from prime contractors and provide for prompt and regular
incremental acceptances of portions of the prime contract, pay retainage to prime
contractors based on these acceptances, and require a contract clause obligating
the prime contractor to pay all retainage owed to the subcontractor for satisfactory
completion of the accepted work within 10 [calendar] days after your payment to
the prime contractor.
5
The City will consider a subcontractor's work is satisfactorily completed when all the tasks
called for in the subcontract have been accomplished and documented as required by the
City. When the City has made an incremental acceptance of a portion of a prime contract,
the work of a subcontractor covered by that acceptance is deemed to be satisfactorily
completed.
The Citywill provide appropriate means to enforce the requirements of this section. These
means include:
The City will include the following clause in each DOT -assisted prime contract:
The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than ten (10)
[calendar] days from the receipt of each payment the prime contractor
receives from the City. The prime contractor agrees further to return
retainage payments to each subcontractor within ten (10) [calendar] days
after the subcontractors work is satisfactorily completed. Any delay or
postponement of payment from the above referenced timeframe may occur
only for good cause following written approval of the City. This clause
applies to both DBE and non -DBE subcontractors.
Monitoring Payments to DBEs
We will require prime contractors to maintain records and documents of payments to
DBEs for three years following the performance of the contract. These records will be
made available for inspection upon request by any authorized representative of the City
or DOT. This reporting requirement also extends to any certified DBE subcontractor.
We will perform interim audits of
payments to DBE subcontractors
subcontractors equals or exceeds
participation.
Section 26.31 Directory
contract payments to DBEs. The audit will review
to ensure that the actual amount paid to DBE
the dollar amounts stated in the schedule of DBE
The City uses the State of Texas DOT DBE directory, maintained by the State.
The directory lists the firm's name, address, phone number, and the type of work the firm
has been certified to perform as a DBE. In addition, the directory lists each type of work
for which a firm is eligible to be certified by using the most specific NAICS code available
to describe each type of work.
The state UCP revises the Directory at least annually. We make the Directory available
as follows: A link to the directory may be found on the Office of Business Diversity web -
page: www.fortworthtexas.gov/businessdiversity or the Directory may be found at
www.TxDOT.txdotcros.com or the City, upon request, will provide the DBE listings.
Section 26.33 Over -concentration
The City has not identified that over -concentration exists in the types of work that DBEs
perform.
Section 26.35 Business Development Programs
The Office of Business Diversity is here to help certified small, minority-owned and
women -owned businesses gain access to the direct contracting and sub -contracting
opportunities offered by city procurement in compliance with the City Council -approved
Business Diversity Enterprise (BDE) Ordinance No. 20020-12-2011.
Qualified businesses must be located within the market areas applicable to the six county
areas where the city spends 80 percent or "substantial majority" of its tax dollars. Those
counties are Tarrant, Dallas, Denton, Johnson, Parker and Wise. Only firms with a
principal office in the market area will be counted towards the city's BDE goals.
As of June 1, 2012, the City of Fort Worth has been implementing the Business Diversity
Enterprise (BDE) Ordinance to reflect the City's availability and disparity study findings
conducted in 2009 and approved by City Council on December 12, 2011.
All City projects over $50,000.00 are applicable to the BDE Ordinance so as long as there
are two or more certified contractors available under specific supplies and
services.
Per the BDE Ordinance, the Office of Business Diversity is required to assign applicable
subcontracting goals based on availability for the below categories:
Category6
Construction
MBE
; African American, Asian,
25%
Hispanic, and Native
American Indians
Professional Services
MBE (AA) ONLY
African Americans ONLY
15%
Professional Services
SBE
Race and Gender Neutral
15%
(Architectural and
Engineering Services)
Goods and Non-
M/WBE
Minorities and Women
25%
Professional Services
Section 26.37 Monitoring and Enforcement Mechanisms
The City will take the following monitoring and enforcement mechanisms to ensure
compliance with 49 CFR Part 26.
1. We will bring to the attention of the Department of Transportation any false, fraudulent,
or dishonest conduct in connection with the program, so that DOT can take the steps
(e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT
Inspector General, action under suspension and debarment or Program Fraud and
Civil Penalties rules) provided in 26.107.
7
2. We will implement similar action under our own legal authorities, including
responsibility determinations in future contracts. Attachment 7 lists the regulation,
provisions, and contract remedies available to us in the events of non-compliance with
the DBE regulation by a participant in our DBE Program.
3. We will implement a monitoring and enforcement mechanism to ensure that work
committed to DBEs at contract award or subsequently (i.e., as the result of
modification to the contract) is actually performed by the DBEs to which the work was
committed.
4. We will implement a monitoring and enforcement mechanism that will include written
certification that we have reviewed contracting records and monitored work sites for
this purpose. This will be accomplished by DBE administrators/compliance specialist
conforming to the City Council -approved BDE Ordinance 20020-12-2011 ( Refer to
Attachment 7)
5. We will implement a mechanism that will provide for a running tally of actual DBE
attainments (e.g., payment actually made to DBE firms), including a means of
comparing these attainments to commitments. In our reports of DBE participation to
DOT, we will show both commitments and attainments, as required by the DOT
uniform reporting form.
Section 26.39 Fostering small business participation.
The City has created a Small Business element to structure contracting requirements to
facilitate competition by small business concerns, taking all reasonable steps to eliminate
obstacles to their participation, including unnecessary and unjustified bundling of contract
requirements that may preclude small business participation in procurements as prime
contractors or subcontractors.
The City's small business element is incorporated as Attachment 10 to this DBE Program.
We will actively implement the program elements to foster small business participation;
doing so is a requirement of good faith implementation of our DBE program.
SUBPART C — GOALS, GOOD FAITH EFFORTS, AND COUNTING
Section 26.43 Set -asides or Quotas
The City does not use quotas in any way in the administration of this DBE program.
Section 26.45 Overall Goals
The Citywill establish an overall DBE goal covering a three-year federal fiscal year period
if we anticipate awarding DOT/FAA funded prime contracts the cumulative total value of
which exceeds $250,000 during any one or more of the reporting fiscal years within the
three-year goal period. In accordance with Section 26.45(f) the City will submit its Overall
Three-year DBE Goal to FAA by August 1st as required by the established schedule
below.
Non -Primary Central, August 1, 2012 August 1, 2015
(GAs, Relievers Southwest, and (2013/2014/2015) (2016/2017/2018)
and State DOTs) Western -Pacific
The DBE goals will be established in accordance with the 2 -step process as specified in
49 CFR Part 26.45. If the City does not anticipate awarding DOT/FAA funded prime
contracts the cumulative total value of which exceeds $250,000 during any of the years
within the three-year reporting period, we will not develop an overall goal; however, this
DBE Program will remain in effect and the City will seek to fulfill the objectives outlined in
49 CFR Part 26.1.
(c) Step 1. The first step is to determine the relative availability of DBEs in the
market area, "base figure". We will use (enter the items you will use, you may
select DBE Directories and Census Bureau Data, a Bidders List, a Disparity Study,
the goal of another DOT City or other alternative method, see notes below) as a
method to determine our base figure. The second step is to adjust the "base figure"
percentage from Step 1 so that it reflects as accurately as possible the DBE
participation the City would expect in the absence of discrimination based on past
participation, a disparity study and/or information about barriers to entry to past
competitiveness of DBEs on Contracts.
If we use a bidders list, we will do the following: Determine the number of DBEs that have
bid or quoted (successful and unsuccessful) on your DOT -assisted prime contracts or
subcontracts in the past three years. Determine the number of all businesses that have
bid or quoted (successful and unsuccessful) on prime or subcontracts in the same time
period. Divide the number of DBE bidders and quoters by the number of all businesses
to derive a base figure for the relative availability of DBEs in your market. When using
this approach, we will establish a mechanism (documented in our goal submission) to
directly capture data on DBE and non -DBE prime and subcontractors that submitted bids
or quotes on our DOT -assisted contracts.
Any methodology we choose will be based on demonstrable evidence of local market
conditions and be designed to ultimately attain a goal that is rationally related to the
relative availability of DBEs in our market. We understand that the exclusive use of a list
of prequalified contractors or plan holders, or a bidders list that does not comply with the
requirements of paragraph (c)(2) of this section (above), is not an acceptable alternative
means of determining the availability of DBEs.
(d) Step 2. Once we have calculated a base figure, we will examine all of the
evidence available in our jurisdiction to determine what adjustment, if any, is
needed to the base figure to arrive at our overall goal. If the evidence does not
suggest an adjustment is necessary, then no adjustment shall be made.
26.45 (g)(1) In establishing the overall goal, the City will provide for consultation and
publication. This includes consultation with minority, women's and general contractor
9
groups, community organizations, and other officials or organizations which could be
expected to have information concerning the availability of disadvantaged and non -
disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and
the City's efforts to establish a level playing field for the participation of DBEs. The
consultation will include a scheduled, direct, interactive exchange (e.g., a face-to-face
meeting, video conference, teleconference) with as many interested stakeholders as
possible focused on obtaining information relevant to the City's goal setting process, and
it will occur before we are required to submit our goal methodology to the operating
administration for review pursuant to paragraph (f) of this section. We will document in
our goal submission the consultation process that we engaged in. Notwithstanding
paragraph (f)(4) of this section, we will not implement our proposed goal until we have
complied with this requirement.
In addition, the City will publish a notice announcing our proposed overall goal before
submission to the operating administration on August 1st. The notice will be posted on
our official internet web site and may be posted in any other sources (e.g., minority -
focused media, trade association publications). If the proposed goal changes following
review by the operating administration, the revised goal will be posted on our official
internet web site. We will inform the public that the proposed overall goal and its rationale
are available for inspection during normal business hours at our principal office and that
the City and DOT/FAA will accept comments on the goals for 30 days from the date of
the notice. Notice of the comment period will include the addresses to which comments
may be sent (including offices and websites) where the proposal may be reviewed. The
public comment period will not extend the August 1St deadline.
Our Overall Three -Year DBE Goal submission to DOT/FAA will include a summary of
information and comments received, if any, during this public participation process and
our responses.
We will begin using our overall goal on October 1 of the reporting period, unless we have
received other instructions from DOT.
Section 26.45 (e) - Project Goals
If permitted or required by the FAA Administrator we will express our overall goals as a
percentage of funds for a particular grant or project or group of grants and/or projects,
including entire projects. Like other overall goals, a project goal maybe adjusted to reflect
changed circumstances, with the concurrence of the appropriate operating
administration. A project goal is an overall goal, and must meet all the substantive and
procedural requirements of this section pertaining to overall goals. A project goal covers
the entire length of the project to which it applies. The project goal should include a
projection of the DBE participation anticipated to be obtained during each fiscal year
covered by the project goal. The funds for the project to which the project goal pertains
are separated from the base from which your regular overall goal, applicable to contracts
not part of the project covered by a project goal, is calculated.
If we establish a goal on a project basis, we will begin using our goal by the time of the
first solicitation for a DOT -assisted contract for the project.
10
Section 26.45(f) - Prior Operating Administration Concurrent
The City understands that we are not required to obtain prior operating administration
concurrence with our overall goal. However, if the operating administration's review
suggests that our overall goal has not been correctly calculated or that our method for
calculating goals is inadequate, the operating administration may, after consulting with
us, adjust our overall goal or require that we do so. The adjusted overall goal is binding.
In evaluating the adequacy or soundness of the methodology used to derive the overall
goal, the U.S. DOT operating administration will be guided by the goal setting principles
and best practices identified by the Department in guidance issued pursuant to § 26.9.
A description of the methodology to calculate the overall goal and the goal calculations
can be found in Attachment 5 to this program.
Section 26.47 Failure to meet overall goals.
The City will maintain an approved DBE Program and overall DBE goal, if applicable as
well as administer our DBE Program in good faith to be considered to be in compliance
with this part.
If the City awards and commitments shown on our Uniform Report of Awards or
Commitments and Payments at the end of any fiscal year are less than the overall goal
applicable to that fiscal year, we will do the following in order to be regarded by the
Department as implementing your DBE Program in good faith:
(1) Analyze in detail the reasons for the difference between the overall goal and our
awards and commitments in that fiscal year;
(2) Establish specific steps and milestones to correct the problems we have identified in
our analysis and to enable us to meet fully your goal for the new fiscal year;
(3) City will prepare, within 90 days of the end of the fiscal year, the analysis and
corrective actions developed under paragraph (c)(1) and (2) of this section. We will retain
copy of analysis and corrective actions in records for a minimum of three years, and will
make it available to FAA upon request.
Section 26.51(a -c) Breakout of Estimated Race -Neutral & Race -Conscious
Participation
(a) The City will meet the maximum feasible portion of its overall goal by using race -
neutral means of facilitating race -neutral DBE participation. Race -neutral DBE
participation includes any time a DBE wins a prime contract through customary
competitive procurement procedures or is awarded a subcontract on a prime contract that
does not carry a DBE contract goal.
Race -neutral means include, but are not limited to the following:
(1) Arranging solicitations, times for the presentation of bids, quantities, specifications,
and delivery schedules in ways that facilitate participation by DBEs and other small
businesses and by making contracts more accessible to small businesses, by means
11
such as those provided under §26.39 of this part
(2) Providing assistance in overcoming limitations such as inability to obtain bonding or
financing (e.g., by such means as simplifying the bonding process, reducing bonding
requirements, eliminating the impact of surety costs from bids, and providing services to
help DBEs, and other small businesses, obtain bonding and financing);
(3) Providing technical assistance and other services;
(4) Carrying out information and communications programs on contracting procedures
and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small
businesses, on City mailing lists for bidders; ensuring the dissemination to bidders on
prime contracts of lists of potential subcontractors; provision of information in languages
other than English, where appropriate);
(5) Providing services to help DBEs, and other small businesses, improve long-term
development, increase opportunities to participate in a variety of kinds of work, handle
increasingly significant projects, and achieve eventual self-sufficiency;
(6) Ensuring distribution of your DBE directory, through print and electronic means, to the
widest feasible universe of potential prime contractors; and
The breakout of estimated race -neutral and race -conscious participation can be found in
Attachment 5 to this program.
Section 26.51(d -g) Contract Goals
The City will arrange solicitations, times for the presentation of bids, quantities,
specifications, and delivery schedules in ways that facilitate participation by DBEs and
other small businesses and by making contracts more accessible to small businesses, by
means such as those provided under § 26.39.
If our approved projection under paragraph (c) of this section estimates that we can meet
our entire overall goal for a given year through race -neutral means, we will implement our
program without setting contract goals during that year, unless it becomes necessary in
order meet our overall goal.
We will establish contract goals only on those DOT -assisted contracts that have
subcontracting possibilities. We need not establish a contract goal on every such
contract, and the size of contract goals will be adapted to the circumstances of each such
contract (e.g., type and location of work, availability of DBEs to perform the particular type
of work).
We will express our contract goals as a percentage of the total amount of a DOT -assisted
contract.
Section 26.53 Good Faith Efforts Procedures
Demonstration of good faith efforts (26.53(a) & (c))
12
The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can
demonstrate that it has done so either by meeting the contract goal or documenting good
faith efforts. Examples of good faith efforts are found in Appendix A to Part 26.
The Office of Business Diversity, Senior Compliance Specialist are responsible for
determining whether a bidder/offeror who has not met the contract goal has documented
sufficient good faith efforts to be regarded as Responsive.
We will ensure that all information is complete and accurate and adequately documents
the bidder/offeror's good faith efforts before we commit to the performance of the contract
by the bidder/offeror.
Information to be submitted (26.53(b))
In our solicitations for DOT/FAA-assisted contracts for which a contract goal has been
established, we will require the following:
(1) Award of the contract will be conditioned on meeting the requirements of this section;
(2) All bidders or offerors will be required to submit the following information to the City,
at the time provided in paragraph (b)(3) of this section:
(i) The names and addresses of DBE firms that will participate in the contract;
(ii) A description of the work that each DBE will perform. To count toward
meeting a goal, each DBE firm must be certified in a NAICS code applicable to the
kind of work the firm would perform on the contract;
(iii) The dollar amount of the participation of each DBE firm participating;
(iv) Written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet a contract goal; and
(v) Written confirmation from each listed DBE firm that it is participating in the
contract in the kind and amount of work provided in the prime contractor's
commitment.
(vi) If the contract goal is not met, evidence of good faith efforts (see Appendix A of
this part). The documentation of good faith efforts must include copies of each DBE
and non -DBE subcontractor quote submitted to the bidder when a non -DBE
subcontractor was selected over a DBE for work on the contract; and
(3) We will require that the bidder/offeror present the information required by paragraph
(b)(2) of this section:
Under sealed bid procedures, as a matter of responsiveness, or with initial proposals,
under contract negotiation procedures;
Provided that, in a negotiated procurement, including a design -build procurement, the
bidder/offeror may make a contractually binding commitment to meet the goal at the
time of bid submission or the presentation of initial proposals but provide the information
required by paragraph (b)(2) of this section before the final selection for the contract is
made by the City.
13
Administrative reconsideration (26.53(d))
Within five (5) business days of being informed by the City that it is not responsive
because it has not documented sufficient good faith efforts, a bidder/offeror may request
administrative reconsideration. Bidder/offerors should make this request in writing to the
following reconsideration official: Office of Business Diversity, 1150 South Freeway, Fort
Worth, TX. 76104, 817-392-2674, mwbeoffice@fortworthtexas.gov. The reconsideration
official will not have played any role in the original determination that the bidder/offeror
did not document sufficient good faith efforts.
As part of this reconsideration, the bidder/offeror will have the opportunity to provide
written documentation or argument concerning the issue of whether it met the goal or
made adequate good faith efforts to do so. The bidder/offeror will have the opportunity
to meet in person with our reconsideration official to discuss the issue of whether it met
the goal or made adequate good faith efforts to do. We will send the bidder/offeror a
written decision on reconsideration, explaining the basis for finding that the bidder did or
did not meet the goal or make adequate good faith efforts to do so. The result of the
reconsideration process is not administratively appealable to the Department of
Transportation.
Good Faith Efforts procedures in situations when there are contract goals (26.53(f)(g))
We will include in each prime contract a provision stating:
The contractor shall utilize the specific DBEs listed to perform the work and supply
the materials for which each is listed unless the contractor obtains your written
consent as provided in this paragraph 26.53(f); and
That, unless our consent is provided under this paragraph 26.53(f), the contractor
shall not be entitled to any payment for work or material unless it is performed or
supplied by the listed DBE.
We will require the contractor that is awarded the contract to make available upon request
a copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or
an agreement with DBEs to supply labor or materials require that the subcontract and all
lower tier subcontractors be performed in accordance with this part's provisions.
In this situation, we will require the prime contractor to obtain our prior approval of the
substitute DBE and to provide copies of new or amended subcontracts, or documentation
of good faith efforts.
We will require that a prime contractor not terminate a DBE subcontractor listed in
response to paragraph (b)(2) of this section (or an approved substitute DBE firm) without
our prior written consent. This includes, but not limited to, instances in which a prime
contractor seeks to perform work originally designated for a DBE subcontractor with its
own forces or those of an affiliate, a non -DBE firm, or with another DBE firm.
14
We will provide such written consent only if we agree, for reasons stated in our
concurrence document, that the prime contractor has good cause to terminate the DBE
firm. For purposes of this paragraph, good cause includes the following circumstances:
(1) The listed DBE subcontractor fails or refuses to execute a written contract;
(2) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in
a way consistent with normal industry standards. Provided however, that good cause
does not exist if the failure or refusal of the DBE subcontractor to perform its work on
the subcontract results from the bad faith or discriminatory action of the prime
contractor;
(3) The listed DBE subcontractor fails or refuses to meet the prime contractor's
reasonable, non-discriminatory bond requirements.
(4) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit
unworthiness;
(5) The listed DBE subcontractor is ineligible to work on public works projects because of
suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1,200
or applicable state law;
(6) We have determined that the listed DBE subcontractor is not a responsible contractor;
(7) The listed DBE subcontractor voluntarily withdraws from the project and provides to
us written notice of its withdrawal;
(8) The listed DBE is ineligible to receive DBE credit for the type of work required;
(9) A DBE owner dies or becomes disabled with the result that the listed DBE contractor
is unable to complete its work on the contract;
(10) Other documented good cause that we have determined compels the termination of
the DBE subcontractor. Provided, that good cause does not exist if the prime
contractor seeks to terminate a DBE it relied upon to obtain the contract so that the
prime contractor can self -perform the work for which the DBE contractor was engaged
or so that the prime contractor can substitute another DBE or non -DBE contractor after
contract award.
Before transmitting to us its request to terminate and/or substitute a DBE subcontractor,
the prime contractor must give notice in writing to the DBE subcontractor, with a copy to
us, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's
notice and advise us and the contractor of the reasons, if any, why it objects to the
proposed termination of its subcontract and why we should not approve the prime
contractor's action. If required in a particular case as a matter of public necessity (e.g.,
safety), we may provide a response period shorter than five days.
In addition to post -award terminations, the provisions of this section apply to pre -award
deletions of or substitutions for DBE firms put forward by offerors in negotiated
procurements.
The City will require a contractor to make good faith efforts to replace a DBE that is
terminated or has otherwise failed to complete its work on a contract with another certified
DBE. These good faith efforts shall be directed at finding another DBE to perform at least
the same amount of work under the contract as the DBE that was terminated, to the extent
needed to meet the contract goal that we established for the procurement. The good faith
15
efforts shall be documented by the contractor. If we request documentation from the
contractor under this provision, the contractor shall submit the documentation to us within
seven (7) days, which may be extended for an additional seven (7) days if necessary at
the request of the contractor, and the City shall provide a written determination to the
contractor stating whether or not good faith efforts have been demonstrated.
We will include in each prime contract the contract clause required by § 26.13(b) stating
that failure by the contractor to carry out the requirements of this part is a material breach
of the contract and may result in the termination of the contract or such other remedies
set forth in that section that we deem appropriate if the prime contractor fails to comply
with the requirements of this section.
If the contractor fails or refuses to comply in the time specified, our contracting office will
issue an order stopping all or part of payment/work until satisfactory action has been
taken. If the contractor still fails to comply, the contracting officer may issue a termination
for default proceeding.
Sample Bid Specification:
The requirements of 49 CFR Part 26, Regulations of the U.S. Department of
Transportation, apply to this contract. It is the policy of the City to practice
nondiscrimination based on race, color, sex, or national origin in the award or
performance of this contract. All firms qualifying under this solicitation are encouraged to
submit bids/proposals. Award of this contract will be conditioned upon satisfying the
requirements of this bid specification. These requirements apply to all bidders/offerors,
including those who qualify as a DBE. A DBE contract goal of _ percent has been
established for this contract. The bidder/offeror shall make good faith efforts, as defined
in Appendix A, 49 CFR Part 26 (attachment 1), to meet the contract goal for DBE
participation in the performance of this contract.
The bidder/offeror will be required to submit the following information: (1) the names and
addresses of DBE firms that will participate in the contract; (2) a description of the work
that each DBE firm will perform. To count toward meeting a goal, each DBE firm must be
certified in a NAICS code applicable to the kind of work the firm would perform on the
contract; (3) the dollar amount of the participation of each DBE firm participating; (4)
Written documentation of the bidder/offeror's commitment to use a DBE subcontractor
whose participation it submits to meet the contract goal; and (5) Written confirmation from
each listed DBE firm that it is participating in the contract in the kind and amount of work
provided in the prime contractor's commitment; (6) if the contract goal is not met, evidence
of good faith efforts.
Section 26.55 Counting DBE Participation
We will count DBE participation toward overall and contract goals as provided in 49 CFR
26.55. We will not count the participation of a DBE subcontract toward a contractor's final
compliance with its DBE obligations on a contract until the amount being counted has
actually been paid to the DBE.
16
If the firm is not currently certified as a DBE in accordance with the standards of subpart
D of this part at the time of the execution of the contract, we will not count the firm's
participation toward any DBE goals, except as provided for in 26.870).
SUBPART D — CERTIFICATION STANDARDS
Section 26.61 — 26.73 Certification Process
City will use the certification standards of Subpart D of Part 26 to determine the eligibility
of firms to participate as DBEs in DOT -assisted contracts. To be certified as a DBE, a
firm must meet all certification eligibility standards. We will make our certification
decisions based on the facts as a whole.
For information about the certification process or to apply for certification, firms should
contact:
Name. North Central Texas Regional Certification Agency (NCTRCA)
Title: Agency Certification Director or Certification Specialist
Address: 624 Six Flags Drive, Arlington, Texas 76011
Telephone Number: 817-640-0606
Fax Number: 817-640-6315
E-mail Address: mail(a)nctrca. org
Name. Texas Department of Transportation (TxDOT)
Online Support
Telephone Number. 1-866-480-2518, Option 1
https://txdot.txdotcros.com/
Our certification application forms and documentation requirements are found in
Attachment 8 to this program.
SUBPART E — CERTIFICATION PROCEDURES
Section 26.81 Unified Certification Programs
The City is the member of a Unified Certification Program (UCP) administered by the
NCTRCA. The UCP will meet all of the requirements of this section.
SUBPART F — COMPLIANCE AND ENFORCEMENT
Section 26.109 Information, Confidentiality, Cooperation and intimidation or
retaliation
We will safeguard from disclosure to third parties information that may reasonably be
regarded as confidential business information, consistent with Federal, state, and local
law.
Notwithstanding any provision of Federal or state law, we will not release any information
that may reasonably be construed as confidential business information to any third party
17
without the written consent of the firm that submitted the information. This includes
applications for DBE certification and supporting information. However, we will transmit
this information to DOT in any certification appeal proceeding under §
26.89 of this part or to any other state to which the individual's firm has applied for
certification under § 26.85 of this part.
All participants in the Department's DBE program (including, but not limited to, City's, DBE
firms and applicants for DBE certification, complainants and appellants, and contractors
using DBE firms to meet contract goals) are required to cooperate fully and promptly with
DOT and City compliance reviews, certification reviews, investigations, and other
requests for information. Failure to do so shall be a ground for appropriate action against
the party involved (e.g., with respect to recipients, a finding of noncompliance; with
respect to DBE firms, denial of certification or removal of eligibility and/or suspension and
debarment; with respect to a complainant or appellant, dismissal of the complaint or
appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non -
responsibility for future contracts and/or suspension and debarment).
The City, contractor, or any other participant in the program will not intimidate, threaten,
coerce, or discriminate against any individual or firm for the purpose of interfering with
any right or privilege secured by this part or because the individual or firm has made a
complaint, testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under this part. If we violate this prohibition, we are in
noncompliance with this part.
ATTACHMENTS
Attachment 1
Regulations: 49 CFR Part 26 or website link
Attachment 2
Organizational Chart
Attachment 3
Bidder's List Collection Form
Attachment 4
DBE Directory or link to DBE Directory
Attachment 5
Overall Goal Calculations
Attachment 6
Demonstration of Good Faith Efforts or Good Faith Effort Plan - Forms
&2
Attachment 7 DBE Monitoring and Enforcement Mechanisms
Attachment 8 DBE Certification Application Form
Attachment 9 State's UCP Agreement
Attachment 10 Small Business Element Program
19
ATTACHMENT 1
Regulations: 49 CFR Part 26, or link to website
• Subpart A - General (§§ 26.1 - 26.15)
• Subpart B - Administrative Requirements for DBE Programs for
Federally -Assisted Contracting (§§ 26.21 - 26.39)
• Subpart C - Goals, Good Faith Efforts, and Counting (§§ 26.41 -
26.55)
• Subpart D - Certification Standards (§§ 26.61 - 26.73)
• Subpart E - Certification Procedures (§§ 26.81 - 26.91)
• Subpart F - Compliance and Enforcement (§§ 26.101 - 26.109)
• Appendix A to Part 26 - Guidance Concerning Good Faith Efforts
• Appendix B to Part 26 - Uniform Report of DBE Awards or
Commitments and Payments Form
• Appendix C to Part 26 - DBE Business Development Program
Guidelines
• Appendix D to Part 26 - Mentor -Protege Program Guidelines
• Appendix E to Part 26 - Individual Determinations of Social and
Economic Disadvantage
• Appendix F to Part 26 - Uniform Certification Application Form
• Appendix G to Part 26 - Personal Net Worth Statement
20
ATTACHMENT 2
Organizational Chart
David C. Cooke
City Manager
Jesus Chapa Fernando Costa
Assistant City Manager Assistant City Manager
Robert SturnsI I William Welstead
Economic Development Director Aviation Director
Gwen Wilson Aya Ealy
Business Development Manager Senior Management Analyst
Office of Business Diversity
............................... Aviation Department
(DBE Liaisc n Officer) (Airport Grant Administration)
Tasha Kilgore - Adrian Zavala — Senior Melani Valle — Senior Patty Wilson — Senior
Contract Compliance Contract ComplianceContract Compliance Contract Compliance
Specialist Specialist Specialist I Specialist
I Melvin Dennis I
Administrative Technician
21
ATTACHMENT 3
Bidder's List Collection Form
(SAMPLE BIDDERS LIST COLLECTION FORM)
22
DBE or Non -
Firm
DBE Status
Annual Gross Receipts
Firm Name
Address/
(verify via
Age of Firm
Phone #
State's UCP
Directory)
❑ Less than 1 year
❑ Less than $500K
❑ 1- 3 years
❑ $500K - $1 million
❑ 4-7 years
❑ $1-2 million
❑ 8-10 years
❑ $2-5 million
❑ More than 10 years
❑ Greater than $5 million
❑ Less than 1 year
❑ Less than $500K
❑ 1- 3 years
❑ $500K - $1 million
❑ 4-7 years
❑ $1-2 million
❑ 8-10 years
❑ $2-5 million
❑ More than 10 years
❑ Greater than $5 million
❑ Less than 1 year
❑ Less than $500K
❑ 1- 3 years
❑ $500K - $1 million
❑ 4-7 years
❑ $1-2 million
❑ 8-10 years
❑ $2-5 million
❑ More than 10 years
❑ Greater than $5 million
❑ Less than 1 year
❑ Less than $500K
❑ 1- 3 years
❑ $500K - $1 million
❑ 4-7 years
❑ $1-2 million
❑ 8-10 years
❑ $2-5 million
❑ More than 10 years
❑ Greater than $5 million
❑ Less than 1 year
❑ Less than $500K
❑ 1- 3 years
❑ $500K - $1 million
❑ 4-7 years
❑ $1-2 million
❑ 8-10 years
❑ $2-5 million
❑ More than 10 years
❑ Greater than $5 million
❑ Less than 1 year
❑ Less than $500K
❑ 1- 3 years
❑ $500K - $1 million
❑ 4-7 years
❑ $1-2 million
❑ 8-10 years
❑ $2-5 million
❑ More than 10 years
❑ Greater than $5 million
22
ATTACHMENT 4
Texas DBE Directory or web link to DBE directory)
North Central Texas Regional Certification Agency (NCTRCA)
https://nctrca.mwdbe.com/
Texas Department of Transportation (TxDOT) https:Htxdot.txdotcros.com
23
ATTACHMENT 5
Section 26.45: Overall DBE Three -Year Goal Methodology
Name of City: City of Fort Worth, owner of the Alliance Airport, Meacham, and Spinks Airport(s)
Goal Period: Fiscal Years 2013-2014-2015 — October 1, 2012 through September 30, 2015)
DOT -assisted contract amount: FY -2013
$10,897,102.00
FY -2014
$10,684,139.00
FY -2015
$ 21,814,630.00
Total
$ 43,395,871.00
Overall Three -Year Goal: 18.50%, to be accomplished through 18.30% RC and .20% RN
Total dollar amount to be expended on DBE's: $8,028,236.14
Describe the Number and Type of Contracts that the airport anticipates awarding:
Co;MEracts Fiscal Year #1
r—rant 51 YEAR 2013
Dasi n$ 10,000.000.00
NAICS
Design ze"ices
CC3DES
VVIEVENRIP-MillFinal Plans for Runwa Extension
488119 Taxiway A
Available FAA
Funding
917,087.48
54,468.30
541360
Surve Aerial
97,464.26
541620
Environmental
15,570.82
488210
Monitor BNSF
66,798.49
541380
RunwaySafetvArea Mitigation
31,261.77
488119
Airport Capital Plan Preparation
18,792.59
541490
Misc Planning
22,981 .79
541490
PCN Calculation
10,978,24
335129
Ai ort Li Min Facili
43,875.96
541330
TERRACON
7,125.00
RTR Duct Bank Design
488119Desi
n
176,519.00
488119
Bitl Phase
-- 7.107.00
I
236220
Construction Management Service= -
311,919.02
RTR Construction
561730
Mobilization
101 ,193.00
561990
Traffic Control
25,000.00
23811
Concrete
349,625.00
331210
Conduits
352,500.00
237120
FAA Manhole
190,096.00
23891 O
Excavation
11,244.00
238210
Cable
11,475.00
238910
1 Bonn
13,294.00
237310
Taxiway Shoulder
8,443.42
237310
Quantity Reconciliation
11,068.64
561790
Sweep Shoulders
3,090.00
237310
Protection Mats
7,160.00
237310
Phase 3 Revisions
32,979.00
811219
Circuit Repairs
2,600.00
23731 O
Tem ora displaced threshold
7,700.00
Runway Extension
Taxiwa A
541330Hea
541 8530
4881 1 q
Construction
Public Notice - Advertisin
mesi n
-7,090.378.06:
---204.16
151,658.00
Taxiway H
236220
.. C:Onstruction Management Service
55,684.70
Rehab Taxiway A Lighting
561730
Mobilization
51 ,284.00
561990
Traffic Control
16,400.00
238210
Cable
136,104.60
^.
EAS RTR Duct Bank _
.�
2313210 ! Lighting Work and Material
238110 it.—ov eoncreta
212312 Remove Gement Base
2a1.310 concrete Pavement
237310 Joint Spall Repair
237310 ` Taxiway Paintin4
368,666.06
0.00
2°640.00
21,41600
0.00
O 0.00
Fencin
238910
1 Clearin and GrtJbbl
35,843.81
541890
' Public Notice - Advertisingp
__
96.80
FAA Grant Funds unused
56,308.03
FAA Refund
56,308.03
24
Contracts Fiscal Year #2
Contracts Fiscal Year #3
� Ul iau U�LIUI i inai iayci i ici u
Heavy Construction
Market Area: Tarrant, Dallas, Denton, Johnson, Parker and Wise.
Determination of Market Area: As of June 1, 2012, The City of Fort Worth has been
implementing the Business Diversity Enterprise (BDE) Ordinance #20020-12-2011 to reflect the
City's availability and disparity study findings conducted in 2009 and approved by City Council
on December 12, 2011. The new market areas in which 80% or "substantial majority" of the City's
tax dollars are being spent are in the counties of Tarrant, Dallas, Denton, Johnson, Parker, and
Wise.
Step 1. 26.45(c) Actual relative availability of DBE's
Determine the base figure for the relative availability of DBEs. The base figure for the relative availability
was calculated as follows:
The method used to calculate the relative availability of DBEs for Step 1 in this process is [26.45(c)
(1)] to review NCTRCA and TxDOT DBE Directories (TUCP) for the Dallas/Fort Worth Districts
and Census Bureau 2015 County Business Patterns Data for Dallas, Tarrant, Denton, Johnson,
Parker, and Wise Counties. The base figure was determined by dividing the total DBE firms in
the local market area by the total of all firms in the market area (both compiled according to the
relevant NAICS project codes).
25
CODESNAICS
488119
FISCAL YEAR 2013
•- of •
Final Plans for Runway Extension
D_
11
DBEs (All
45
488119
Taxiway A
11
45
541360
Survey Aerial
58
121
541620
Environmental
3
45
488210
Monitor BNSF
22
59
541380
Runway Safety Area Mitigation
22
59
488119
Airport Capital Plan Preparation
11
45
541490
Misc Planning
19
26
541490
PCN Calculation
19
26
335129
Airport Lighting Facility
1
5
541330
TERRACON
177
956
488119
Design
11
45
488119
Bid Phase
11
45
236220
Construction Management Services
208
685
561730
Mobilization
92
1004
561990
Traffic Control
30
174
23811
Concrete
87
252
331210
Conduits
0
2
237120
FAA Manhole
0
40
238910
Excavation
20
190
238210
Cable
20
1002
238910
Boring
100
290
237310
Taxiway Shoulder
116
134
237310
Quantity Reconciliation
116
134
561790
Sweep Shoulders
41
134
237310
Protection Mats
116
134
237310
Phase 3 Revisions
116
134
811219
Circuit Repairs
20
1002
237310
Temporary displaced threshold
116
134
541330
Heavy Construction
177
956
541890
Public Notice -Advertising
20
159
488119
Total Contract #1
Design
1771
11
8082
45
236220
Construction Management Services
208
685
561730
Mobilization
92
1004
561990
Traffic Control
30
174
238210
Cable
20
1002
238210
Lighting Work and Material
76
540
238110
Remove Concrete
212312
Remove Cement Base
78
252
237310
Concrete Pavement
20
134
237310
Joint Spall Repair
237310
Taxiway Painting
16
134
238910
Clearing and Grubbing
100
290
541890
Public Notice -Advertising
20
129
FAA Grant Funds (unused)
0
0
Total Contract #2
671
4389
Base figure = 19.58% of all firms ready, willing and able.
Base Figure Goal = Number of DBEs in Local Market Area = 2442
Divided by
Number of All Available Firms =12,471
Base Figure Goal =19.58%
The data source or demonstrable evidence used to derive the numerator was:
1. North Central Texas Regional Certification Agency (NCTRCA) https://nctrca.mwdbe.com/
2. Texas Department of Transportation (TxDOT) http://www.txdot.gov/inside-
txdot/division/civil-rights/tucp.html
3. Census Bureau _BP_2012 00A1
https://factfinder.cer sus.gov/faces/nav/isf/pages/searchresults.xhtml?refresh=t
NAICS CODES
FISCAL YEAR 2014 NCTRCA
DBEs
2012 Census DBEs (All
Type of •
r
- ■
236220
Construction Management
208
685
541330
Heavy Construction
177
956
Total Contract #1
385
1641
561730
Snow Plow
92
1004
399950
Si a a qpgrades
17
685
n/a
FAA Grant Funds (unused)
0
0
Total Contract #2
109
1689
Base figure = 14.83% of all firms ready, willing and able.
Base Figure Goal = Number of DBEs in Local Market Area = 494
Divided by
Number of All Available Firms = 3,330
Base Figure Goal =14.83%
The data source or demonstrable evidence used to derive the numerator was:
1. North Central Texas Regional Certification Agency (NCTRCA) -
hftps://nctrca.mwdbe.com/
2. Texas Department of Transportation (TxDOT) - http://www.txdot.gov/inside-
txdot/division/civil-rig hts/tucp. html
3. Census Bureau_BP_2012_OOA1
https://factfinder. census.gov/faces/nav/isf/pages/search results.xhtmI?refresh=t
27
Base figure = 23.46% of all firms ready, willing and able.
Base Figure Goal = Number of DBEs in Local Market Area = 683
Divided by
Number of All Available Firms = 2911
Base Figure Goal = 23.46%
The data source or demonstrable evidence used to derive the numerator was:
1. North Central Texas Regional Certification Agency (NCTRCA) -
https:Hnctrca.mwdbe.com/
2. Texas Department of Transportation (TxDOT) - http://www.txdot.gov/inside-
txdot/division/civil-rig hts/tucp. html
3. Census Bureau_BP_2012_OOA1
https://factfinder.census.gov/faces/nav/esf/pages/searchresuIts.xhtml?refresh=t
Step 2. 26.45(d): Adjustments to Step 1 base figure.
After calculating a base figure of the relative availability of DBEs, evidence was examined to
determine what adjustment (if any) was needed to the base figure in order to arrive at the overall
goal.
An examination of the anticipated contracts for each fiscal year, the availability of the DBE firms
by trade classification and the volume of work performed by DBE firms over previous years.
W
Fiscal Year #1
For Fiscal 2013, we anticipate the award of the following:
Contract#1 -Grant 51
Design
NAICS CODES
488119
Design Services
Final Plans for Rurrwa tikension
Available FAA NCTRCA Funding 3's
917,087.48
DBEs (6-
County)
11
2012 Census (Ali Finn
"ounty�
45
s DBE Availability %
24.44A
DBE Availability
224,176.94
488119
Ta>awa A
54 468.30
11
45
24.44%
13 314.47
541360
Surve Aerial
9746426
58
121
47.93%
46718.41
541620
Envimnmental
15570.82
3
45
6.67%
1038.05
488210
Monitor BNSF
66798.49
22
59
37.29%
24907.91
541380
Rurnva Safe Ama Miti ation
31 261.77
22
59
37.29%
11 656.93
488119
Ai ort Ca ifal Plan Pre aration
18 792.59
11
45
24.44%
4 593.74
541490
Misc Planni
22 981.79
19
26
73.08%
16,794.39
541490
PCN Calculation
10978.24
19
26
73.08%
8022.56
335129
Airport Lighting Facility
43 875.96
1
5
20.00%
8.775.19
541330
TERRACON
7125.00
177
956
18.51%
1319.17
RTR Duct Bank Design
488119
Desi n
176 519.00
11
45
24.44%
43 149.09
488119
Bid Phase
7107.00
11
45
24.44%
1,737.27
236220
Constuction Management Services
311 919.02
208
685
30.36%
94,7 1 4 .1 0
RTR Construction
561730
Mobilization
101193.00
92
1004
9.16%
9 72.87
561990
Traffic Control
25.000M
30
174
17.24%
4 310.34
23811
Concrete
349 625.00
87
252
34.52%
120 703.87
331210
Conduits
352500.00
0
2
0.00%
237120
FAA Manhole
190 098.00
0
40
0.00%
238910
Excavation
11244.00
20
190
10.53%
1183.58
238210
Cable
11475.00
20
1002
2.00%
229.04
238910
Bori
13 294.00
100
290
34448%
4 584.14
237310
Ta�dwa Shoulder
8443.42
116
134
86.57%
7309.23
237310
Quantity Reconciliation
11068.64
116
134
86.57%
9581.81
561790
Swee Shoulders
3090.00
41
134
30.60%
945.45
237310
Pmteclion Mats
7160.00
116
134
86.57%
6198.21
237310
Phase 3 Revisions
32979.00
116
134
86.57%
28548.99
811219
Circuit Repairs
2600.00
20
1002
2.00%
51.90
237310
Tem re tlis laced threshold
7700.00
116
134
86.57%
6665.67
Rurmra F�4ension
541330
Hea Construction
7,090,378.06
177
956
18.51%
1,312,428.98
541890
Public Notice - Advertising
204.16
20
159
12.58%
25.68
TOiafCon8act8f S
10,000,088A0
1771
8082
21.91%(1771/8082)
82,181,00000
(21.01% Of
Contract #2 - Grant 521
TaMwa A
_74977--'Design
151 658.00
11
45
24.44%
37 071.98
Ta>awa H
Construction Mana ement Services
55 684.70
208
685
30.36%
18 908.64
Rehab Tazwe A Li Mi
Mobilization
51 284.00
92
1004
9.16%
4,69933
Traffic Control
16 400.00
30
174
17.24%
2 827.59
Cable
136104.60
20
1002
2.00%
2716.66
Li Mi Work and Material
368 666.06
76
540
14.07%
51 886.33
Remove Cement Base
2840.0078
252
30.95%
81714
Concrete Pavement
21 416.00
20
134
14.93%
3198.42
Taawa Painti
1000.00
16
134
11.94%
1194Fenci
Clearim and Grubbiro
35843.81
100
290
34.48%
12359.93
541890
1 Public Notice -Advertlsisa
96.80
20
129
15.50%
15.01
FAA Grant Funds unutl
56,308.03 1
0 1
0
0.00%
0.00
7ota10ontractM28
0
897,102.00
671
4988
15.28%(891/1522)
8127,05650
(1538% a1
Ti
Fiscal Year #2
For Fiscal 2014, we anticipate the award of the following:
29
Fiscal Year #3
For Fiscal 2015, we anticipate the award of the following:
Past History Participation
Other data used to determine the adjustment to the base figure was the median of historical DBE
accomplishments as follows:
FY
RC
DBE Goals
RN Total
Accomplishments
RC RN Total
Type of work
FY 10 13.00
4.50 17.50
17.50 .00 17.50
Construction
FY 11 13.00
4.50 17.50
17.50 .20 17.70
Construction
FY 12 13.00
4.50 17.50
17.50 .61 18.11
Construction
Arranging this historical data from low to high, (17.50%, 17.70%, 18.11 %) the median is
17.70%.
The proposed Overall DBE Goals are as follows:
• Fiscal Year #1- 19.58% (17.70 + 19.58)/2) = 18.64%
• Fiscal Year #2 - 14.83% (17.70 + 14.83)/2) = 16.27%
• Fiscal Year #3 - 23.49% (17.70 + 23.49)/2) = 20.58%
Our proposed overall three year goal will be reflected as (option I- an average of the three years,
option 2 - three year Median percentage)
- Year I Goal =18.64%
- Year 2 Goal =16.27%
- Year 3 Goal = 20.58%
• Average of the three years 18.64%+16.27%+20.58%=54.49/3 =18.50%
• Median of the three years of participation =.20%
To arrive at an overall goal, we added our Step 1 base figure with our Step 2 adjustment figure
and then averaged the total arriving at an overall goal of 18.50%. We feel this adjusted goal figure
will accurately reflect DBE participation that can be achieved for the type of work being awarded
during this three-year period.
30
Breakout of Estimated "Race and Gender Neutral" (RN) and "Race and Gender Conscious"
(RC) Participation. 26.51(b) (1-9)
The City will meet the maximum feasible portion of its overall goal by using RN means of
facilitating DBE participation.
1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and
delivery schedules in ways that facilitates DBE, and other small businesses, participation;
2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing;
3. Providing technical assistance and other services;
4. Carrying out information and communications programs on contracting procedures and
specific contract opportunities;
5. Implementing a supportive services program to develop and improve immediate and long-
term business management, record keeping, and financial and accounting capability for
DBE's and other small businesses;
6. Providing services to help DBE's and other small businesses improve long-term development,
increase opportunities to participate in a variety of kinds of work, handle increasingly
significant projects, and achieve eventual self-sufficiency;
7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE
participation has historically been low;
8. Ensuring distribution of DBE directory, through print and electronic means, to the widest
feasible universe of potential prime contractors;
9. Assist DBE's and other small businesses, to develop their capability to utilize emerging
technology and conduct business through electronic media; and
10. (Include other race neutral measures as appropriate)
The City estimates that in meeting its overall goal 18.50%, it will obtain .20% from RN participation
and 18.30% through RC measures.
This breakout is based on:
In FY -10, the City's accomplishments exceeded the 17.50% goal by 0.00%, in FY -11, the
City's accomplishments exceeded the 17.50% goal by .20%, and in FY -12, the City's
accomplishments exceeded the 17.50% goal by .61%which is evidence of race -neutral
participation, therefore, we took the median of the amounts exceeded in those three years
of 0.20% of our 18.50% goal is being applied to race -neutral and the remaining 18.30%
is applied to race -conscious participation.
The City will adjust the estimated breakout of RN and RC DBE participation as needed to reflect
actual DBE participation (see Section 26.51(f)) and track and report RN and RC participation
separately. For reporting purposes, RN DBE participation includes, but is not necessarily limited
to, the following: DBE participation through a prime contract obtained through customary
competitive procurement procedures; DBE participation through a subcontract on a prime contract
that does not carry a DBE goal, DBE participation on a prime contract exceeding a contract goal
and DBE participation through a subcontract from a prime contractor that did not consider a firm's
DBE status in making the award.
31
PUBLIC PARTICIPATION
Consultation: Section 26.45(g)(1).
In establishing the overall goal, the City provided for consultation and publication. This included
consultation with minority, women's and general contractor groups, community organizations, and
other officials or organizations which could be expected to have information concerning the
availability of disadvantaged and non -disadvantaged businesses, the effects of discrimination on
opportunities for DBEs, and the City's efforts to establish a level playing field for the participation
of DBEs.
The City of Fort Worth advertises its bids in the Fort Worth Star Telegram and on the
City website at: www.fortworthtexas.gov/purchasing to include on-line bid specification
documentation, pre-bid conference dates, notification via email sent to registered vendors, and
the name of buyers are listed on the site, etc. The M/WBE Office assigns goals to all contracts
exceeding $50 thousand dollars.
Contract Goals
The City will use contract goals to meet any portion of the overall goal that the City does not
project being able to meet using RN means. Contract goals are established so that, over
the period to which the overall goal applies, they will cumulatively result in meeting any portion
of the City's overall goal that is not projected to be met through the use of RN means.
The City will establish contract goals only on those DOT -assisted contracts that
have subcontracting possibilities. It need not establish a contract goal on every such contract,
and the size of the contract goals will be adapted to the circumstances of each such contract
(e.g., type and location of work and availability of DBE's to perform the particular type of work).
We will express our contract goals as a percentage of the total amount of a DOT -assisted contract.
32
ATTACHMENT 6
Demonstration of Good Faith Efforts - Forms 1 & 2
FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION
The undersigned bidder/offeror has satisfied the requirements of the bid specification in the
following manner (please check the appropriate space):
The bidder/offeror is committed to a minimum of % DBE utilization on this
contract.
The bidder/offeror (if unable to meet the DBE goal of %) is committed to a
minimum of % DBE utilization on this contract and should submit documentation
demonstrating good faith efforts.
Name of bidder/offeror's firm:
State Registration No.
By
(Signature)
Title
33
Name of bidder/offeror's firm:
Address:
City:
Name of DBE firm:
Address:
City:
Telephone:
FORM 2: LETTER OF INTENT
State: Zip:
State: Zip:
Description of work to be performed by DBE firm:
The bidder/offeror is committed to utilizing the above-named DBE firm for the work described
above. The estimated dollar value of this work is $
Affirmation
The above-named DBE firm affirms that it will perform the portion of the contract for the
estimated dollar value as stated above and that the firm is DBE certified to perform the specific
trades.
Date:
(Signature)
(Title)
If the bidder/offeror does not receive award of the prime contract, any and all
representations in this Letter of Intent and Affirmation shall be null and void.
Submit this page for each DBE subcontractor.
34
ATTACHMENT 7
DBE Monitoring and Enforcement Mechanisms
The City has available several remedies to enforce the DBE requirements contained in its
contracts, including, but not limited to, the following:
1. Breach of contract action, pursuant to the terms of the contract;
2. Breach of contract action, pursuant to the City Council -approved Business
Diversity Enterprise (BDE) Ordinance No.: 20020-12-2011
In addition, the Federal government has available several enforcement mechanisms that it
may apply to firms participating in the DBE problem, including, but not limited to, the
following:
1. Suspension or debarment proceedings pursuant to 49 CFR Part 26
2. Enforcement action pursuant to 49 CFR Part 31
3. Prosecution pursuant to 18 USC 1001.
REFERENCE BDE Ordinance # 20020-12-2011 "APPENDIX A"
35
ATTACHMENT 8
DBE Certification Application Form
(New form October 2, 2014)
UNIFORM CER TIFICA TION A PPLICA TION
DISADVANTAGED BUSINESS ENTERPRISE (DBE) l
AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE)
49 C.F.R. Parts 23 and 26
Reference "Appendix B"
36
ATTACHMENT 9
State's UCP Agreement
TEXAS
MEMORANDUM OF AGREEMENT
for a
DISADVANTAGED BUSINESS ENTERPRISE
(DBE)
UNIFIED CERTIFICATION PROGRAM
Reference "Appendix C"
37
ATTACHMENT 10
Small Business Element
It is recommended that you include the following components and notes:
1. Objective/Strategies
As part of this program element you may include, but are not limited to, the following strategies:
(1) In multi-year design -build contracts or other large contracts (e.g., for "megaprojects')
requiring bidders on the prime contract to specify elements of the contract or specific
subcontracts that are of a size that small businesses, including DBEs, can reasonably
perform.
(2) On prime contracts not having DBE contract goals, requiring the prime contractor to
provide subcontracting opportunities of a size that small businesses, including DBEs,
can reasonably perform, rather than self -performing all the work involved.
(3) Identifying alternative acquisition strategies and structuring procurements to facilitate
the ability of consortia or joint ventures consisting of small businesses, including DBEs,
to compete for and perform prime contracts.
(4) To meet the portion of your overall goal you project to meet through race -neutral
measures, ensuring that a reasonable number of prime contracts are of a size that small
businesses, including DBEs, can reasonably perform.
2. Definition
• DBE firms should be identified in the Small Business element of the City's DBE program
as eligible for the program unless there is a DBE micro -Small Business Program
element in place.
• Size standard should be consistent with 49 CFR 26.5 and must be no larger than the
Small Business Administration's size standards. DBE firms and small firms eligible for
the program should be similarly sized to reduce competitive conflict between DBE and
non -DBE firms.
• Personal Net Worth standards (optional) — should be consistent with 49 CFR Part 26
thresholds.
3. Verification
• Should diligently attempt to minimize fraud and abuse in the SB element of its DBE
program by verifying program eligibility of firms.
4. Monitoring/Record Keeping
• How will the information will be organized (for counting purposes)
• SB element should be reasonably monitored
5. Implementation Timeline
• Identify implementation schedule/timeline, within 6 or 9 months of FAA's approval.
Small Business Element (continued)
38
6. Assurance
Compliant to BIDE Ordinance #, the City of Fort Worth provides the following
assurances regarding the development and implementation of the Small Business
Program described here in:
1. Assurance that the program is authorized under state law;
2. Assurance that certified DBEs that meet the size criteria established under the
program are presumptively eligible to participate in the program;
3. Assurance that there are no geographic preferences or limitations imposed on
any federally assisted procurement included in the program;
4. Assurance that there are no limits on the number of contracts awarded to firms
participating in the program but that every effort will be made to avoid creating
barriers to the use of new, emerging, or untried businesses; and
5. Assurance that aggressive steps will be taken to encourage those minority and
women owned firms that are eligible for DBE certification to become certified.
6. Assurance that the program is open to small businesses regardless of their
location (i.e., that there is no local or other geographic preference).
39
Appendix A
APPENDIX A
BUSINESS DIVERSITY ENTERPRISE
ORDINANCE NO. 20020-12-2011
AN ORDINANCE REPEALING ALL PREVIOUS MINORITY AND WOMEN
BUSINESS ENTERPRISE ORDINANCES AND POLICIES PREVIOUSLY ADOPTED;
ADOPTING AN ORDINANCE TO REMEDY THE UNDERUTILIZATION OF
MINORITY AND WOMEN BUSINESSES, AND TO ENHANCE THE UTILIZATION
OF SAME; DEFINING MINORITY BUSINESS ENTERPRISE, AND WOMEN
BUSINESS ENTERPRISE FOR PURPOSE OF CERTIFICATION; REQUIRING
MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE
PARTICIPANTS TO BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM
WHICH THE CITY REGULARLY SOLICITS; ESTABLISHING SEPARATE
CATEGORIES FOR GOALS FOR MINORITY BUSINESS ENTERPRISES IN THE
SPECIFIC AREAS OF CONSTRUCTION, AND PROFESSIONAL SERVICES OTHER
THAN ARCHITECTURAL AND ENGINEERING AND MINORITY AND WOMEN
BUSINESS ENTERPRISES IN THE SPECIFIC AREA OF PURCHASING;
ESTABLISHING PROCEDURES FOR CONTRACT SPECIFIC GOALS; PROVIDING
GENERALLY FOR THE PROCEDURES TO BE FOLLOWED IN THE
PROCUREMENT PROCESS; REQUIRING CONTRACTORS TO SUBMIT
DOCUMENTATION OF COMPLIANCE IN ORDER TO BE RESPONSIVE TO CITY
SPECIFICATIONS; ESTABLISHING WAIVER OF GOALS PROCEDURES;
APPLYING THE SELECTIVE USE OF SMALL BUSINESS ENTERPRISE
PROVISIONS AS DEEMED APPROPRIATE; ALLOWING FOR DEBARMENT FOR
MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has commissioned Availability/Disparity Studies
(Studies) conducted by Browne, Bortz & Coddington, Inc. (BBC), Carl Anderson, Esq., MGT,
Inc. and most recently Mason Tillman Associates, Ltd. and found disparities in the utilization of
minority and women business enterprises in contracts awarded by the City of Fort Worth (City);
and
WHEREAS, the Studies found that discrimination occurred in the major contracting
areas (construction, purchasing, and professional services) of the City of Fort Worth and resulted
in significant underutilization of minority and women business enterprises; and
WHEREAS, minority and women business enterprises have had and continue to have
difficulties in obtaining financing, bonding, credit and insurance, and assistance programs have
not been effective in either remedying the effects of underutilization in City contracting or in
preventing ongoing underutilization; and
WHEREAS, the Studies determined that race -neutral alternatives for enhancing
minority and women business enterprise contracting are not completely sufficient; and
Business Ui�ersity l nterprise f of 5
Ordinance No. 20020-12-2011
WHEREAS, the City has also been a passive participant in discriminatory behavior
practiced by private industry within the relevant Marketplace in the award of contracts to
minorities and women businesses,
WHEREAS, the purpose of this ordinance is to overcome the effects of this past
underutilization and prevent any ongoing discrimination in the City's contracting processes; and
WHEREAS, the provisions of this ordinance may increase the utilization of minority
and women business enterprises in contracts awarded by the City of Fort Worth; and
WHEREAS, the City Council now desires to provide a narrowly tailored remedy for
past underutilization of minority and women businesses through the annual setting and defining
of percentage goals for different categories of contracts, providing penalties for fraudulent
misuse of this ordinance, requiring regular review of the necessity for the provisions of this
ordinance, limiting those minority and women's business enterprises that participate under this
ordinance to those that qualify and do business in the City's Marketplace, providing for post bid
submission of required information about minority and women business enterprises and
establishing waiver of goals procedures;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
It is the policy of the City of Fort Worth to attempt to provide a remedy for past underutilization
of qualified minority and women businesses and prevent ongoing underutilization of minority
and women business enterprises in the City's contracting process by ensuring the full and
equitable participation of minority and women business enterprises in the provision of goods and
services to the City on a contractual basis in the manner identified in Attachment I of this
ordinance, said Attachment I being a part of this ordinance.
SECTION 2.
The ultimate goal of this ordinance is to remedy the effects of past underutilization in the
Marketplace by increasing the use of minority and women business enterprises in the Fort Worth
Marketplace. The City Manager shall recommend an annual aspirational goal for MBE/WBE
participation in City procurement activities, based on utilization and availability analyses of the
Businrsti DivcrsiN 1.nteiprise 2 of 5
Ordinance No. 20020-12-201 1
most current procurement activity data within the Marketplace. An annual goal will provide a
mechanism for adjustments as reflected by the relevant conditions in the Marketplace. This will
be a measurement goal, not a quota.
SECTION 3.
The provisions of this ordinance shall apply to all contracts awarded by the City, except as may
be hereafter specifically exempted. Where contracts involve the expenditure of federal or state
funds, the state or federal policy related to MBE/WBE or DBE participation may take
precedence over this ordinance. The provisions of this ordinance shall be liberally construed for
the accomplishment of its policies and purposes. Specific goals shall be established in the areas
of construction and professional services. A goal may be set on individual contracts based on
the type of work or services to be performed, or goods to be acquired and the availability of
minority and women businesses in the City's Marketplace.
SECTION 4.
The provisions of this ordinance shall be considered in determining the responsiveness to
specifications of offerors to the City. The City shall consider the offeror's responsiveness to this
ordinance in the evaluation of bids and proposals and shall award contracts in accordance with
governing law, inclusive of compliance to this business diversity ordinance.
SECTION 5.
Debarment procedures shall be established for firms willfully misrepresenting the facts in
compliance with this ordinance to the City.
SECTION 6.
Waiver procedures to the regulations established in this ordinance shall be provided for City
procurement activities where a public calamity requires the emergency expenditure of funds; the
purchase of goods or services from source(s) where subcontracting or supplier opportunities are
nonexistent; where an economic risk or undue delay for the acquisition of goods or services will
be imposed on the City, or when the availability of minority and women businesses is negligible.
Business UrvcrsiN I ntetprise 3 of'5
Ordinance No. 20020-12-2011
SECTION 7.
From and after the date this ordinance takes effect, it shall supersede all previous City Council
Policies affecting minority and women business enterprises.
SECTION 8.
The City Manager, with the advice and counsel of the Minority and Women Business Enterprise
Advisory Committee ("MWBE-AC") in accord with City of Fort Worth Resolution No. 3698-12-
2008, is hereby authorized to establish, implement and administer regulations necessary to carry
out the intent of this ordinance.
SECTION 9.
The City Council shall regularly, approximately every five (5) years, determine whether there is
a continuing need for a minority and women business enterprise program, make relevant
findings, and, if necessary, repeal in whole or in part or enact appropriate amendments to this
ordinance.
SECTION 10.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
Business Ui�ersity hiterprise 4 of 5
Ordinance No. 20020-12-2011
SECTION 11.
This ordinance shall take effect and be in full force and effect from on and after June 1, 2012;
provided, however, that this ordinance shall not affect any procurement activity where formal
solicitation began before the effective date of this ordinance, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
December 13, 2012
Adopted
June 1, 2012
Effective
Business Divcrsrty I nterpnse Ordinance 5 of 5
Ordinance No 20020-12-2011
Minority and Women Business Enterprise Ordinance Attachment 1
ATTACHMENT 1
TABLE OF CONTENTS
Subject Page No.
I.DEFINITIONS.......................................................................................................1
II.PURPOSE............................................................................................................6
III.CERTIFICATION.................................................................................................6
IV.PROGRAM GOAL..............................................................................................7
V.PROGRAM ENHANCEMENTS...........................................................................7
A. Joint Ventures
B. MWBE Prime Contract Program
C. Small Business Enterprise (SBE) Subcontracting Program
D. Procurements Less than $50,000
VI. APPLICABLE CONTRACTS...................................................................11
A. Construction
B. Professional Services
C. Purchases
VII. POST AWARD COMPLIANCE................................................................21
VIII. CONTRACT MONITORING AND REPORTING......................................23
IX. EXCEPTIONS AND WAIVERS................................................................24
X. PROGRAM ADMINISTRATION...............................................................25
XI. SANCTIONS............................................................................................26
XII. SEVERABILITY.......................................................................................27
Minority and Women Business Enterprise Ordinance Attachment 1
I. DEFINITIONS:
1. Applicable Contract means any contract greater than $50,000 for construction projects and
professional services and greater than $50,000 for purchase agreements, as well as any other
contracts that the City Council or City Manager deem appropriate.
2. Best Practice means a technique, method, process, activity, incentive, or reward that is generally
accepted as one of the most effective and most efficient methods to deliver and accomplish a
particular outcome.
3. Best Value means the optimum combination of economy and quality that is the result of fair,
efficient, and practical procurement decision-making and which achieves the City's procurement
objectives.
The City will award contracts to the Offeror who presents the "best value' to the City, price and
other factors considered.
The following criteria may be considered to determine the best value:
a. Purchase Price
b. Reputation of the bidder and of the bidder's goods or services;
C. Quality of the bidder's goods or services;
d. Extent to which the goods or services meet the City's needs;
e. Bidder's past relationship with the City;
f. Impact on the ability of the City to comply with laws and rules relating to contracting with
M/WBE's and non-profit organizations employing persons with disabilities;
g. Total long-term cost to the City to acquire the bidder's goods or services; and
h. Any relevant criteria specifically listed in the request for bids or proposals
4. Business Diversity Coordinator means the day-to-day administrator of the M/WBE Office of the
City of Fort Worth.
5. Business/Technical Assistance means education and training that improves business
performance, profitability, competitiveness, skills, expertise and other qualities that enhance a
business.
6. Certified means those firms, located within the Marketplace, that have been determined to be a
bonafide minority or women business enterprise by the North Central Texas Regional
Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate
and accepted by the City of Fort Worth.
7. City means the City of Fort Worth, Texas.
8. City business day means Monday through Friday, inclusive, excluding legal holidays or
applicable furlough days. Legal holidays shall be observed as prescribed by the City Council for
observance as follows:
New Year's Day
M. L. King, Jr. Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
January 1
Third Monday in January
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25
Minority and Women Business Enterprise Ordinance Attachment 1
A furlough day is a temporary layoff from work during which an employee is without duties or pay
because of a lack of work or funds or for other non -disciplinary reasons declared by the City
Manager.
When one of the above named holidays falls on a Saturday, the holiday shall be observed on the
preceding Friday. When one of the above named holidays falls on a Sunday, the holiday shall be
observed on the following Monday.
9. Combined Projects means a construction contract, which includes paving and/or drainage
elements of construction and water and/or sanitary sewer construction elements, but does not
include a standard water and/or sanitary sewer contract where the pavement is temporarily or
permanently repaired and that repair is not a separate unit.
10. Commercially Useful Function means a firm that is responsible for the performance,
management and supervision of a distinct element of the work and/or materials or supplies. A
firm will not be considered to perform a commercially useful function if the role is limited to that of
an extra participant in a transaction, contract or project through which funds are passed in order
to obtain the appearance of participation.
11. Compliance means an Offeror adheres with the Ordinance's requirements during and/or at
completion of the contract.
12. Construction means the erection, rehabilitation, alteration, conversion, extension, demolition,
improvement, remodeling or repair to any real property, including streets, storm drains and
facilities providing utility service owned by the City.
13. Contract means a binding agreement whereby the City either grants a privilege or is committed
to expend or does expend its funds or other resources for or in connection with a) construction of
any public improvement, and b) purchase of any services (including professional services). The
term includes "purchase order".
14. Contract Officer means the person employed by the City to oversee the performance of the
contract.
15. Contracting Department means the department responsible for payment of contract obligations.
16. Contractor means the business entity with whom the City has entered into an agreement.. and
includes the terms "Vendor", "Prime Contractor" and "Prime Consultant".
17. Fee/Commission means the reasonable cost associated with the assistance in the procurement
of materials and supplies.
18. Goal means the percentage of minority business enterprise and/or small business enterprise
participation on an applicable contract as determined by the City, based on the availability of such
businesses in the marketplace and the subcontracting/supplier opportunities of the project.
19. Good Faith Effort means an honest and conscientious effort by the Offeror to explore all
available options to achieve, to the maximum extent practical to meet the City's contract goal for
MBE and/or SBE participation. Compliance with each of the following steps shall satisfy the
Good Faith Effort (GFE) requirement absent mere pro forma efforts, proof of fraud,
misrepresentation, or intentional discrimination by the Offeror:
List each and every subcontracting/subconsultant/supplier opportunity for the completion
of this contract. On combined projects list each subcontracting and/or supplying
opportunity through the 2nd tier.
Minority and Women Business Enterprise Ordinance Attachment 1
b. Obtain a current list (not more than two (2) months old from the bid open date) of MBE
subcontracting/subconsultant/suppliers from the City's M/WBE Office and/or a current SBE
listing, if available and applicable.
C. Solicit bids from MBEs and/or SBEs, within the subcontracting/subconsultant/supplier
areas previously listed, at least ten calendar days prior to bid opening, exclusive of the day
the bids are opened. Both MBEs and/or SBEs and non -MBEs and/or non-SBEs must
receive the same solicitation for each area of opportunity. The four methods identified
below are acceptable for soliciting bids, and each selected method must be applied to the
applicable contract. The Offeror must document that at least two attempts were made
using two of the four methods or that at least one successful contact was made using one
of the four methods in order to be deemed responsive to the Good Faith Effort
requirement.
1) Email - A copy of sent confirmation to subcontracting/subconsultant/suppliers
identifying the MBE and/or SBE firm name, date and time must be printed directly
from the email system for proper documentation. If an email is returned as
undeliverable, then that "undeliverable message" received must be printed
directly from the email system for proper documentation. Failure to submit
confirmation and/or "undeliverable message" documentation may render the GFE
non-responsive.
2) Fax - A copy of sent confirmation to subcontractors/subconsultants/suppliers
identifying the MBE and/or SBE firm name, date and time must be printed directly
from the facsimile for proper documentation. If a fax is returned as undeliverable,
then that "undeliverable confirmation" received must be printed directly from the
facsimile for proper documentation. Failure to submit confirmation and
"undeliverable confirmation" documentation may render your GFE non-
responsive.
3) Mail - Copies of all individual letters to MBE and/or SBE
subcontracting/subconsultant/suppliers to include firm name, date and address.
The letters will identify all solicited scopes of work. All returned mail must be
submitted as part of the GFE documentation. The Offeror must submit a signed
letter to the City of Fort Worth that affirms letters were mailed within the required
time frame. Failure to submit this affirmation may render your GFE non-
responsive.
4) Telephone - A call log that identifies the MBE and/or SBE firm name, phone
number, name of individual contacted, time, date and outcome of phone call.
Failure to submit the call log may render your GFE non-responsive.
d. Provide plans and specifications or information regarding the location of plans and
specifications which shall be communicated to all MBEs and/or SBEs in each
subcontracting/supplier area. Attach a copy of the solicitation sent to MBEs and/or SBEs
identifying the instructions on how to obtain plans and specifications for this solicitation.
All communications shall be documented and submitted to the City.
e. Submit documentation if MBE and/or SBE quotes were rejected. The documentation
submitted should be in the form of an affidavit, include a detailed explanation of why the
MBE and/or SBE was rejected and any supporting documentation the Offeror wishes to
be considered by the City. In the event of a bona fide dispute concerning quotes, the
Offeror will provide for confidential review of any relevant documentation by City
personnel.
20. Horizontal Construction means construction of highways, roads, streets, bridges, utilities, water
supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance
facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of
projects associated with civil engineering construction as referenced in this ordinance.
21. Joint Venture means a business enterprise jointly owned by two or more businesses, who share
the initial investment, risks, and profits, at least one must be a certified M/WBE firm. The M/WBE
firm must be responsible for a clearly defined portion of the work to be performed, equal to a
Minority and Women Business Enterprise Ordinance Attachment 1
share in the ownership, control, knowledge, management, responsibility, risks, and profits of the
joint venture. A joint venture constitutes the establishment of a new company formed for a
specific project as reflected in a formal joint venture agreement document. Joint venture
agreements are subject to review and acceptance by the City relative to its M/WBE component.
The joint venture M/WBE ownership percentage will be counted towards the M/WBE
subcontracting goal. Joint ventures are strongly encouraged.
22. Lease Agreement means a written agreement to transfer control and use of truck(s) from one
business entity to another, which outlines fees and/or commissions.
23. Lease Trucks means trucks that are leased from another M/WBE (or SBE, if applicable) firm,
including M/WBE owner -operators. Trucks leased from non-M/WBE (or non -SBE, if applicable)
firms will only receive credit for the fees and commissions earned by the M/WBE (or SBE, if
applicable) as outlined in the lease agreement.
24. MWBE-AC means the Minority and Women Business Enterprise Advisory Committee appointed
by the City Council to review the findings of Availability and Disparity Studies conducted for the
City and present recommendations to the City Manager and City Council, on any amendments to
the Business Diversity Enterprise Ordinance. Additionally, the Committee reviews the
appropriateness of any economic incentive agreement's M/WBE commitment to use Fort Worth
M/WBEs when that commitment is less than the standard twenty-five (25%) percent and to serve
in an advisory capacity to the City Council on the on-going progress of the M/WBE Ordinance
and/or any subsequently adopted Ordinances.
25. Managing Department means the department responsible for overseeing the day-to-day
completion of the contract.
26. Manufacturer means one that makes something into a finished product using raw materials.
27. Marketplace means the geographic market area as defined in the Availability and Disparity Study
represented by the counties of Tarrant and Dallas, plus Denton, Wise, Parker and Johnson which
reflect counties into which the geographical boundaries of the City of Fort Worth extend.
28. Mediation means the intervention by a third party between two or more sides in a dispute in an
attempt to help them reach an agreement.
29. Minority means a citizen of the United States or lawfully admitted permanent resident that is
Asian American, American Indian, Black or Hispanic.
30. Minority Business Enterprise is defined as a business concern located in the Marketplace and
meeting the following criteria:
a. is at least 51 percent owned by one or more minority persons, or, in the case of any
publicly owned business, at least 51 percent of the stock is owned by one or more
minority persons; and
b. management and daily business operations are controlled by one or more minority
persons who own it.
The business must be certified prior to recommendation of award in order for the participation to
be counted towards the established goal.
31. Nepotism means the state or fact of showing favoritism to a relative on the basis of a
relationship.
32 Non-compliance means failure of an Offeror to comply with the Ordinance's requirements during
the contract and/or at completion of the contract.
Minority and Women Business Enterprise Ordinance Attachment 1
33. Non-responsive means failure of an Offeror to be responsive to the Ordinance's requirements
upon submission of a bid or proposal, herein specifically defined by either 1) meeting or
exceeding the stated contract goal, or 2) making a good faith effort to meet the contract goal or 3)
submitting the prime contractor waiver or 4) submitting the Joint Venture form and agreement.
34. Offeror means any person, firm, corporation, or partnership that submits a bid or proposal to
provide labor, goods or services to the City where funds are expended. The term includes bidder
and proposer.
35. Payment Dispute means a conflict or controversy regarding the amount owned under a contract
or subcontract/supplier agreement.
36. Procurement means the buying, renting, leasing or otherwise obtaining or acquiring any
supplies, materials, equipment or services.
37. Professional Services means services which require predominantly mental or intellectual labor
and skills, and includes, but is not necessarily limited to, architects, engineers, surveyors,
doctors, attorneys, and accountants.
38. Project Manager see Contract Officer.
39. Purchasing means the buying, renting, leasing or otherwise obtaining or acquiring any supplies,
materials, equipment or services excluding construction and professional services previously
defined_
40. Qualified means an individual or business entity having previously performed or received training
in the work, industry or profession required.
41. Race Neutral means business/technical assistance and other processes and techniques that are
intended to benefit all companies regardless of race and/or gender.
42. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or
other establishments in which the materials or supplies required for the contract are bought, kept
in stock, and are regularly sold retail or wholesale. When a firm does not meet the regular dealer
definition, nor is a manufacturer, only the cost of the fees or commissions charged for assistance
in the procurement of the materials and supplies required for a job site will be counted towards
the goal. The fee or commission must be determined to be reasonable and not excessive.
43. Responsive means an Offeror's response to the Ordinance's requirements upon submission of a
bid or proposal, herein specifically defined by either 1) meeting or exceeding the stated contract
goal, or 2) making a good faith effort to meet the contract goal or 3) submitting the prime
contractor waiver or 4) submitting the joint venture form and agreement.
44. Small Business Enterprise is defined as a business concern located in the Marketplace that
meets the United State Small Business Administration's definition of a small business as outlined
in the Code of Federal Regulations 13 CFR 121.
The business must be certified prior to recommendation of award in order for the participation to
be counted towards the established goal.
45. Subcontract means an agreement between the contractor and another business entity for the
performance of work.
45. Subcontract/Subconsultant/Supplier Opportunity means an area where there is more than
one M/WBE or SBE subcontractor/subconsultant/ supplier in the market place
Minority and Women Business Enterprise Ordinance Attachment 1
46. Tier means the level of subcontracting below the prime contractor/consultant, i.e., a direct
payment from the prime contractor to a subcontractor/subconsultant is considered 1" tier, a
payment by a subcontractor/subconsultant to its supplier/subcontractor/subconsultant is
considered 2nd tier.
47. Vertical Construction means construction of a facility. Facility means buildings, the design and
construction of which are governed by accepted building codes. The term does not include: (a)
highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants,
water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and
taxiways, drainage projects, or related types of projects associated with civil engineering
construction or (b) buildings or structures that are incidental to projects that are primarily civil
engineering construction projects.
48. Women Business Enterprise is defined as a business concern located in the Marketplace
meeting the following criteria:
a. is at least 51 percent owned by one or more women, or, in the case of any publicly
owned business, at least 51 percent of the stock is owned by one or more women; and
b. management and daily business operations are controlled by one or more women who
own it.
The business must be certified prior to recommendation of award in order for the participation to
be counted towards the established goal.
II. PURPOSE:
The ultimate goal of this ordinance is to remedy the effects of past underutilization in the City's
Marketplace by increasing the utilization of minority and women business enterprises above the present
level to one comparable to their availability in the City's Marketplace.
Specific goals shall be established in the areas of construction, professional services, and purchases of
other goods and services, as applicable. A goal may be set on applicable individual contracts based on
the type of work or services to be performed, or goods to be acquired and the availability of minority and
women businesses in the City's Marketplace.
The City shall review its goals periodically for M/WBE participation in City procurement activities and
determine if those goals remain consistent with the results of the City's Availability and Disparity Study.
The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be
hereafter specifically exempted. Where contracts involve the expenditure of federal or state funds, the
state or federal policy related to M/WBE or DBE participation may take precedence over this ordinance.
Award of a contract shall be recommended when the Offeror has complied with the requirements of this
ordinance via meeting the goal, demonstrating a Good Faith Effort to meet the goal or meeting the
requirements for a Prime Contractor Waiver. Failure to comply with the Ordinance by any of the required
methods shall result in an Offeror being deemed non-responsive.
III. CERTIFICATION:
The City will recognize M/WBE firms that are certified by the North Central Texas Regional Certification
Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the
City of Fort Worth, including acceptable SBE certifying agencies. The firms shall be located in the
Marketplace at the time of bid/proposal opening or no later than the Request for Compliance date.
Minority and Women Business Enterprise Ordinance Attachment 1
IV. PROGRAM GOAL:
A. Citywide goals, when applicable, for the utilization of minority business enterprises (MBE),
women business enterprises (WBE) and small business enterprises (SBE) shall be reviewed and
approved by the City Council. Citywide goals may be periodically revised and approved by the
City Council, if changes in Marketplace availability, City utilization of MBEs, WBEs and SBEs or
other relevant factors change to a degree that is deemed sufficient to warrant goal revisions.
The City Manager shall present to the City Council an annual report on M/WBE utilization
by the second quarter of the new fiscal year.
2. Based on the availability of M/WBEs in the Marketplace and the City's most recent goal
attainment and with the appropriated advice and counsel, the City Manager shall, if
deemed appropriate and warranted, recommend to the City Council revised and
reasonable goals for the remainder of the current fiscal year.
3. Goals shall be expressed in terms of a percentage of the total dollar value of all
applicable contracts awarded by the City. Goals shall be established, when applicable,
separately for categories of construction, professional services, and purchasing, as well
as, any other categories that the City Council or City Manager deems appropriate.
B. An individual contract goal shall be set by the M/WBE Office in collaboration with the Contracting
Department and Risk Management and the Purchasing Division (where appropriate) prior to
solicitation. The contract goal shall be reasonable and shall be based upon:
Specific subcontracting and/or materials opportunities required to complete the project,
and
2. The availability of MBEs and/or SBEs in the identified subcontracting and/or materials
opportunities in the Marketplace.
VI. PROGRAM ENHANCEMENTS
A. Joint Ventures
1. The City shall encourage, where it is economically feasible, the establishment of joint
ventures to ensure prime contracting opportunities for M/WBEs on eligible solicitations.
When evaluating economic feasibility, the City shall consider factors including, but not
limited to, the estimated dollar value of the solicitation, the scope of work, the duration of
the work, the complexity of the work, the availability of potential M/WBE joint venture
partners in the relevant market area, the nature of the work.
2. Therefore, when the City uses a Best Value/Alternative Method of Procurement, which
includes the evaluation of responses and the corresponding allocation of points, the City
may, at its discretion and on a solicitation -by -solicitation basis, designate a particular
solicitation as a "Joint Venture Preferred" solicitation.
3. For solicitations designated as "Joint Venture Preferred." the City will, consequently,
apply Evaluation Preference Points for a joint venture that consists of at least one
M/WBE joint venture partner. The Evaluation Preference Points may equal up to 20% of
the total Points assigned for purposes of evaluating and ranking prospective proposals or
statements of qualifications.
4. No Evaluation Preference Points will be awarded to Respondents, that are not joint
ventures when a solicitation is designated "Joint Venture Preferred,"
Minority and Women Business Enterprise Ordinance Attachment 1
5. A prospective joint venture Respondent shall state within its statement of proposal or its
statement of qualifications information that specifies the role and extent of the M/WBE
joint venture partner(s) involvement. Such information shall include, but is not limited to:
a. The name of the M/WBE joint venture partner(s) that will participate on the
project;
b. The percentage of prime contract dollars of the services to be provided by the
M/WBE joint venture partner; and, as appropriate the total dollar value of the
services to be provided,
C. A description of the work that each M/WBE joint venture partner shall be
respongible for performing under the terms of the joint venture agreement.
6. The prospective joint venture Respondent must also submit the City's "Joint Venture
Eligibility Form." The City's Housing and Economic Development Department's Minority
and Women Business Enterprise Office will review the "Joint Venture Eligibility Form" and
will have final approval, as to whether the proposed joint venture conforms to the City's
definition of a "true joint venture."
7. The joint venture should ensure that, at a minimum, the following areas are addressed:
a. The initial capital investment of each venture partner;
b. The proportional allocation of profits and losses to each venture partner;
C. The sharing of the right to control the ownership and management of the joint
venture;
d. Actual participation of the venture partners on the project;
e. The method of and responsibility for accounting;
f. The method by which disputes are resolved; and
g. Any additional or further information required by the City as set forth in this
Ordinance, bid documents and/or otherwise.
8. To the extent practical, the City encourages joint venture partners to be of different
ethnicities and/or genders to achieve the highest degree of diversity possible (i.e.
diversity within the diversity).
B. M/WBE Prime Contract Program
M/WBE Prime Contract Program - Construction
The City shall encourage the use of M/WBEs as primes in Construction, when it is
feasible to do so. For Construction solicitations that are estimated by the City to be at or
below $100,000 in value, the City may, at its discretion and on a solicitation -by -
solicitation basisestablish an M/WBE Prime Contractor capacity -building initiative to
enhance long-term competition and to provide the City with its "Best Value" on
Construction projects using alternative methods of procurement (i.e. a method other than
low bid) for the solicitation and selection of construction services in accordance with
Texas Local Government Code, Chapter 271. Under this M/WBE Prime Contract
Program, the City may allocate up to 20% of weighted selection criteria in favor of the
selection of a Respondent that is a certified M/WBE firm. An M/WBE firm that is awarded
a prime contract under this program may not subcontract more than 49% of the contract
value to a non-M/WBE firm. In determining whether a particular contract is eligible for the
M/WBE Prime Contract Program, the City shall, at a minimum, consider a) whether there are
at least three M/WBE firms that are available and capable to participate in this prime
contract; and b) the degree of underutilization of MIWBEs in the specific Industry Categories.
Minority and Women Business Enterprise Ordinance Attachment 1
2. MNVBE Prime Contract Program — Architectural and Engineering (A&E)
a. The City shall encourage the use of M/WBEs as primes in Architectural and
Engineering (A&E), when it is feasible to do so. For Architectural and
Engineering Services solicitations that are estimated by the City to be at or below
$150.00 in value, the City may, at its discretion and on a solicitation -by -
solicitation basis apply to Formal Solicitations on City ME contracts that are
issued pursuant to a method of procurement under Chapter 2254 of the Texas
Local Government Code wherein criteria other than price, such as demonstrated
competence and qualifications, are factored into the selection process. Under the
terms of this Evaluation Preference, the City shall assign Point preferences equal
to up to 20% of the total Points assigned for the evaluation, scoring and ranking
of ME responses submitted by those certified M/WBE ME firms_
b. An MNVBE that is awarded a prime contract under this program may not
subcontract more than 49% of the contract value to a non-MNVBE firm. In
determining whether a particular contract is eligible for this Program, the City shall
consider (a) the relative availability of M/WBEs to participate in this prime contract;
and (b) the degree of underutilization of the MNVBEs in the specific Industry
Categories.
MNVBE Prime Contract Program — Professional Services
a. The City shall encourage the use of MNVBEs as primes in Professional Services,
when it is feasible to do so. For Professional Services solicitations that are
estimated by the City to be at or below $150,000 in value, the City may, at its
discretion and on a solicitation -by -solicitation basis apply Evaluation Preference
Points to MNVBEs proposing as primes. Under the terms of this Evaluation
Preference, the City shall assign Point preferences equal to up to 20% of the
total Points assigned for the evaluation, scoring and ranking of Professional
Services proposals submitted by those certified MNVBE Professional Services
firms.
b. An MNVBE that is awarded a prime contract under this program may not
subcontract more than 49% of the contract value to a non-MNVBE firm. In
determining whether a particular contract is eligible for this Program, the City shall
consider (a) the relative availability of MNVBEs to participate in this prime contract;
and (b) the degree of underutilization of the MNVBEs in the specific Industry
Categories.
C. Small Business Enterprise (SBE) Subcontracting Program
The City may, at its discretion and on a contract -by -contract basis, establish a SBE
subcontracting goal.
A prospective Offeror, to a City solicitation for which price and scope are defined,
shall submit such documentation as required by the City that provides:
1) The name(s) of the SBE subcontractor(s) it intends to use on the project;
2) The percentage of prime contract dollars and the projected absolute
dollar value of subcontracting services to be provided by each SBE;
3) A description of the work that each SBE subcontractor shall perform; and
4) Documentation confirming subcontractor commitment to perform the
work.
A prospective Offeror on a City solicitation for which Offerors are not initially
evaluated based on price or for which the project scope is not predefined, shall
submit at the time of response such documentation as required by the City to
affirm its intent to address the SBE subcontracting goal that is indicated in the
solicitation.
Minority and Women Business Enterprise Ordinance Attachment I
C. During the price proposal negotiation phase, Offeror(s) shall be required to
submit:
1) Subcontractor(s) it intends to use on the project;
2) The percentage of prime contract dollars and the projected absolute
dollar value of subcontracting services to be provided by each SBE;
3) A description of the work that each SBE subcontractor shall perform; and
4) Documentation confirming subcontractor commitment to perform the
work.
d. The failure of an Offeror to meet the SBE subcontracting goal or to establish that
it made good faith efforts to comply or to establish that it complied with other
applicable requirements of the City's Ordinance shall render the Offeror as non-
responsive.
e. Except as otherwise noted and/or where it is not applicable or inconsistent with
the race -neutral nature of an SBE subcontracting program, solicitations and
subsequent contracts that have a SBE subcontracting goal shall be governed by
the same requirements, as applicable, for the race -conscious elements of this
Ordinance (e.g. reporting, request for change of an SBE subcontractor, payment
requirements, application and payment of retainage, dispute resolution
processes and other applicable sections of this Ordinance).
2. Small Business Enterprise (SBE) Certification
a. In order for a firm to participate in the City's SBE Subcontracting Program, it must
fall within the Small Business Administration's (SBA) Table of Small Business
size standards as outlined in the Small Business Size Regulations, 13 CFR 121.
b. All SBEs shall:
1) Be registered in the City's vendor database and
2) Have a certification that is accepted by the City and that meets the SBA
size standards.
C. Firms that do not have a City accepted certification that also meets the SBA size
standard can not participate in the SBE Subcontracting Program.
d. The City reserves the right to audit any firm that asserts that it meets the City's
SBE Subcontracting certification requirements. Any firm that is determined to
have intentionally and/or knowingly misrepresented or falsified its claim to be a
SBE for the purpose of participating in the SBE Subcontracting Program may be
debarred from doing any business with the City for a designated period of time,
but no less than three (3) years and the City may also pursue other legal
remedies, including criminal prosecution.
D. Procurements of $50,000 or Less
M/WBEs shall be solicited and utilized to the fullest extent practicable for purchases of
construction, professional services and goods and services of $50,000 or less. To facilitate this
objective, the City Manager shall:
Require that each department submit to the Minority and Women Business Enterprise
Office and the Advisory Committee a quarterly M/WBE participation report that shows the
total amount of departmental expenditures and the dollars spent with M/WBEs and the
corresponding M/WBE participation percentage.
2. Recommend that each department designate at least one person in the department to
serve as the primary liaison that will be responsible for ensuring that MWBEs are solicited
for purchases of $50,000 or less.
3. Require that each department utilize the City's M/WBE Office's list of potential vendors to
assist it with identifying certified M/WBEs and consult with the M/WBE Office as needed.
Minority and Women Business Enterprise Ordinance Attachment 1
4. Require that each department identify and track its use of M/WBEs for purchases of
$50,000 or less.
5. Require that each department evaluate if it is consistently soliciting at least two M/WBEs,
when there is availability and a minimum of three bids are required.
6. Require that each department, when there is availability and only one bid is required,
evaluate if it is consistently soliciting M/WBEs to the fullest extent possible.
Require that each department rotates, to the fullest extent practical, the use of M/WBEs
to ensure broad-based M/WBE participation; thereby spreading the overall participation
across numerous MWBEs.
8. An Offeror may count toward its subcontracting goal a portion of the total dollar value of a
contract with a joint venture equal to the percentage of participation in the joint venture.
The M/WBE Office, however, at its discretion and prior to solicitation, may require joint
ventures to meet or establish good faith efforts to meet its goal solely through the use of
subcontracting participation.
VI. APPLICABLE CONTRACTS:
A. CONSTRUCTION PROJECTS
MBE UTILIZATION REQUIREMENTS
a. In addition to the requirements set forth elsewhere, bid conditions shall include a
statement of the MBE (and SBE, if applicable) goal established for the contract.
The requirements below also apply to circumstances where change orders or
extra work give rise to new trade or vendor opportunities outside the original
scope of work.
b. Bid conditions and all other specifications for applicable contracts to be awarded
by the City shall require that Offerors make a good faith effort (GFE) to
subcontract with or purchase supplies from MBE (and SBE, if applicable) firms.
Such specifications shall require the Offeror to meet or exceed the stated goal or
submit documentation of GFE for all applicable contracts to permit a
determination of compliance with the specifications.
C. Construction contracts (estimated cost greater than $50,000) shall be awarded
and administered in accordance with the following standards and procedures:
1) Competitive bids for applicable contracts shall include the MBE (and
SBE, if applicable) requirements and documentation in the bid
specifications. MBE (and SBE, if applicable) documentation consists of
the SPECIAL INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR
UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM, the
GOOD FAITH EFFORT FORM, and the JOINT VENTURE FORM.
a) Competitive bids where the Offeror equals or exceeds the project
goal must submit the SUBCONTRACTOR UTILIZATION FORM
or the JOINT VENTURE FORM.
b) Competitive bids where the Offeror does not have subcontracting
and/or supplier opportunities must submit the PRIME
CONTRACTOR WAIVER FORM.
c) Competitive bids where the Offeror has subcontracting and/or
supplier opportunities but does not include MBE (and SBE, if
applicable) participation in an amount which equals or exceeds
the contract goal, must submit the SUBCONTRACTOR
UTILIZATION FORM and the GOOD FAITH EFFORT FORM
(GFE) and documentation.
Minority and Women Business Enterprise Ordinance Attachment 1
d) Competitive bids where the Offeror has subcontracting and/or
supplier opportunities but do not include any MBE (and SBE, if
applicable) participation must submit the SUBCONTRACTOR
UTILIZATION FORM and the GOOD FAITH EFFORT FORM
and documentation.
2) The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM
and/or the GOOD FAITH EFFORT FORM or the PRIME
CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and
documentation") as appropriate. The Managing Department must
receive the documentation no later than 5:00 p.m., five (5) City business
days after the bid opening date, exclusive of the bid opening date. The
Offeror shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall
be evidence that the City received the documentation. The submission
of the applicable completed form(s) within the allotted time will be
considered when determining the responsiveness of the bid. Failure to
comply with the bid specifications, inclusive of the M/WBE requirements
and documentation, shall render the Offeror non-responsive.
3) The GFE documentation shall demonstrate the Offeror's commitment
and honest efforts to utilize MBE(s) (and SBE, if applicable). The burden
of preparing and submitting the GFE information is on the Offeror and
will be evaluated as part of the responsiveness to the bid/proposal. An
Offeror who submits GFE shall be required to submit documentation to
support a review with the MBEs (and SBEs, if applicable) who did not
submit the lowest bid. An Offeror who intentionally and/or knowingly
misrepresents facts on the documentation submitted will constitute a
basis for classification as non-responsive and possible debarment.
4) The contracting department may request the M/WBE Office to waive the
goal requirements of this subsection, or to reduce the amount of the
goal, in accordance with the provisions of the Exceptions and Waivers
section.
COUNTING MBE PARTICIPATION
MBE (and SBE, if applicable) participation shall be counted toward meeting the goal in
accordance with the following provisions:
For the purpose of determining compliance with the goal requirements
established in this ordinance, businesses will be counted as MBE (and SBE, if
applicable) only when they have been certified as such prior to a
recommendation for award being made to the City Council.
1) Any firm listed by an Offeror as participation must be reflected on a City
MBE service/supplier listing (or have met the City's SBE certification
requirements, if applicable). Firms listed by the Offeror to meet MBE
participation that are not on a City MBE listing will not be counted towards
meeting the goal. The burden of ensuring that listed firms are accepted by
the City is the responsibility of the Offeror. Offerors are strongly
encouraged to request and use City MBE listings.
2) Any business listed by an Offeror that is not certified at the time of bid
opening must file an application for certification to a city authorized
certification agency within a reasonable time for the City to consider the
business and dollar amount towards meeting the goal.
3) If a business described in the subparagraph immediately above fails to
submit an application for certification within a reasonable time, or if the
business is denied certification, the Offeror shall be afforded five (5) City
business days to secure additional certified/certifiable MBE (and/or SBE, if
12
Minority and Women Business Enterprise Ordinance Attachment 1
applicable) participation, starting the next City business day following the
day the written notification was received from the Managing Department.
4) Evidence of the additional certified/certifiable MBE (and/or SBE, if
applicable) participation shall be delivered to and received by the
Managing Department within five (5) City business days after the
notification was received by the Offeror, exclusive of the date that the
notification was received.
b. Except as provided for in paragraph c. below, if the Offeror is ruled non-
responsive for failure to comply with the requirements of this ordinance, the
Managing Department will provide written notification to the Offeror stating the
specific basis for the ruling. The Offeror may then submit documentation that it
will either meet or exceed the stated goal and if the documentation satisfies this
ordinance, the Offeror may then be considered for an award of contract.
C. If the Offeror is ruled non-responsive solely for its failure to identify a
subcontract/supplier opportunity and that opportunity is less than three (3%)
percent of the total bid, the Offeror may submit documentation that an MBE
(and/or SBE, if applicable) will be utilized for that subcontract/supplier
opportunity, and may be considered for an award of contract.
d. Documentation required under either paragraph 2 or 3 above must be received
by the Managing Department within five (5) City business days, exclusive of the
date that the Offeror was notified that it was non-responsive. If the
documentation is not received within the stated time, the Offeror shall be deemed
to have withdrawn its bid. The City will not communicate with another Offeror
regarding award of the contract until five (5) City business days after the original
Offeror has been notified that it is non-responsive.
e. The Offeror may count toward the goal any tier of MBE (and/or SBE, if
applicable) subcontractors and/or suppliers
f. The Offeror will be given credit toward the goal only when the MBE (and/or SBE,
if applicable) subcontractor performs a commercially useful function. An MBE
(and/or SBE, if applicable) subcontractor is considered to have performed a
commercially useful function when.
1) It is responsible for the execution of a distinct element of the work by
actually performing, managing and supervising the work involved in
accordance with normal business practice;
2) When the firm receives due compensation as agreed upon for the work
performed; and
3) The firm's role is not limited to that of an extra participant in a
transaction, contract or project through which funds are passed in order
to obtain the appearance of participation.
g. The Offeror will be given credit toward the MBE (and/or SBE, if applicable) goal
only when the MBE (and/or SBE, if applicable) supplier performs a commercially
useful function. An MBE (and/or SBE, if applicable) supplier is considered to
have performed a commercially useful function when the MBE (and/or SBE, if
applicable) supplier is a manufacturer or a regular dealer.
h. The Offeror will be given credit for utilizing an MBE (and/or SBE, if applicable)
hauling firm as long as the MBE (and/or SBE, if applicable) owns and operates at
least one fully licensed and operational truck used on the contract. The MBE
(and/or SBE, if applicable) may lease trucks from another MBE (and/or SBE, if
applicable) firm, including MBE (and/or SBE, if applicable) owner -operators and
receive full MBE (and/or SBE, if applicable) credit. The MBE (and/or SBE, if
applicable) may lease trucks from non-, MBE (and/or SBE, if applicable)
including owner -operators, but will only receive credit for the fees and
commissions earned by the MBE (and/or SBE, if applicable) as outlined in the
lease agreement.
i. Regardless of whether an arrangement between the contractor and the MBE
(and/or SBE, if applicable) represents standard industry practice, if the
13
Minority and Women Business Enterprise Ordinance Attachment 1
arrangement erodes the ownership, control or independence of the MBE (and/or
SBE, if applicable) or does not meet the commercially useful function
requirement, the Offeror shall receive no credit toward the goal.
j. An Offeror may count toward its subcontracting goal a portion of the total dollar
value of a contract with a joint venture equal to the percentage of participation in
the joint venture. The M/WBE Office, however, at its discretion and prior to
solicitation, may require joint ventures to meet or establish good faith efforts to
meet its goal solely through the use of subcontracting participation. Also see
Section VI., Program Enhancements, Section A., Joint Ventures.
1) The Managing Department must receive the documentation no later than
5:00 p.m., five (5) City business days after the bid opening date,
exclusive of the bid opening date. The Offeror shall obtain a receipt from
the appropriate employee of the managing department to whom delivery
was made. Such receipt shall be evidence that the City received the
documentation. The submission of the applicable completed form(s)
within the allotted time will be considered when determining the
responsiveness of the bid. Failure to comply with the bid specifications,
inclusive of the MBE (and/or SBE, if applicable) requirements and
documentation, shall render the Offeror non-responsive.
2) The MBE involved in the joint venture must be responsible for a clearly
defined portion of the work to be performed, equal to a share in the
ownership, control, knowledge, management, responsibility, risks, and
profits of the joint venture.
k. Except for joint ventures, the prime contractor (regardless of their MBE or WBE
status) and any work performed by the prime contractor is not counted toward
meeting the MBE (and/or SBE, if applicable) contract goal and is not considered
when determining compliance with this ordinance.
I. An Offeror may not count toward its goal any arrangement with an MBE (and/or
SBE, if applicable) that is nepotism or where an MBE (and/or SBE, if applicable)
has been a recent employee (less than one year) of the Offeror.
M. The Offeror may not count toward the goal any agreement with an MBE (and/or
SBE, if applicable) that does not meet the requirements of this ordinance.
3. PAYMENTS
The City Manager shall implement procedures to comply with the following:
a. For vertical construction contracts, procedures will be established to ensure that the prime
shall submit an invoice at least monthly and the City will pay the invoice as required by the
Texas Prompt Payment Act (Tex. Gov't. Code, Chap. 2251) or any successor statute. The
prime shall pay subcontractors as required by the Texas Prompt Payment Act or any
successor statute. The prime contractor's failure to make payments as provided by state
law shall, in addition to any other remedies provided by law, authorize the City to withhold
future payments and/or reject future bids from the contractor until compliance with this
ordinance is attained.
b. For horizontal construction contracts, procedures will be established to ensure that all
progress payments are made twice a month and that subcontractors are paid in accordance
with the provisions of the Texas Prompt Payment Act (Tex. Gov't. Code, Chap. 2251) or
any successor statute. A contractor's failure to make payments as required by state law
shall, in addition to any other remedies provided by state law, authorize the City to withhold
future payments and/or reject future bids from the contractor until compliance with this
ordinance is attained.
Whenever there is a dispute over payment due between the prime and subcontractor and/or
supplier, the City shall strongly encourage the parties to seek mediation before the City
takes any action under this ordinance.
14
Minority and Women Business Enterprise Ordinance Attachment 1
4. RETAINAGE
a. The Contractor cannot withhold retainage from the subcontractor at a greater level than
what the City withholds from the Contractor.
b. If the Contractor and the subcontractor have an agreement and such agreement requires
that additional monies or a fee in excess of the retainage amount required by the City and
there is no dispute about payment the Contractor shall release the additional monies after
the completion of subs work.
C. The required retainage will be due upon project completion, acceptance and final
payment by the City.
d. Where contracts involve the expenditure of federal or state funds, the state or federal
policy related to MANBE or DBE retainage may take precedence over this ordinance.
B. PROFESSIONAL SERVICES
MBE UTILIZATION REQUIREMENTS
a. In addition to the requirements set forth elsewhere, requests for proposals shall
include a statement of the MBE (and/or SBE, if applicable) goal established for
the project. The requirements below shall also apply to circumstances where
amendments or extra work give rise to new subconsulting/supplier opportunities.
b. Requests for proposals and all other specifications for applicable contracts to be
awarded by the City shall require that Offeror make a good faith effort (GFE) to
sub -consult with or purchase supplies from MBE (and/or SBE, if applicable)
firms. Such specifications shall require the Offeror to meet or exceed the stated
goal or submit documentation of GFE for all applicable contracts to permit a
determination of compliance with the specifications.
C. Professional Services contracts and such other contracts which may be
competed for under sealed proposal procedures (estimated cost greater than
$50,000) shall be awarded and administered in accordance with the following
standards and procedures:
1) Other than responses to Requests for Proposals for those professional
services defined in Chapter 2254 of the Texas Government Code,
responses to Request for Proposals shall be submitted by the proposal
deadline date and include a section, which identifies the particular MBE
(and/or SBE, if applicable) utilization plan in performing the contract.
a) The proposal shall specify the estimated percentage of the MBE
(and/or SBE, if applicable) participation, the type of work to be
performed by the MBE (and/or SBE, if applicable), and such
other information as may reasonably be required to determine
the responsiveness to the Request for Proposal.
b) Proposals that do not meet or exceed the utilization goal, as
required by the Request for Proposal, must submit a GFE
explanation. Failure to include such GFE explanation shall
render the proposal non-responsive.
2) Initial responses to requests for proposals for those professional services
defined in Chapter 2254 of the Texas Government Code shall not include
a response to the requirements of this ordinance. The City shall comply
with the requirements of said Chapter and rank the professional on the
basis of demonstrated competence and qualifications. During
negotiations, the proposer shall respond to this ordinance in the manner
specified in paragraph 1) a) above.
3) The GFE documentation shall demonstrate the Offeror's commitment
and honest efforts to utilize MBE (and/or SBE, if applicable). The burden
of preparing and submitting the GFE information is on the Offeror and
15
Minority and Women Business Enterprise Ordinance Attachment 1
will be evaluated as part of the responsiveness to the proposal. An
Offeror who submits GFE shall be required to submit documentation to
support a review with the MBEs (and/or SBEs, if applicable) who were
not selected by the Offeror. The documentation should reflect and
validate the reason why the Offeror did not select the MBEs (and/or
SBEs, if applicable). An Offeror who intentionally and/or knowingly
misrepresents facts on the documentation submitted may be classified
as non-responsive and be subject to possible debarment.
4) The contracting department may request the M/WBE Office to waive the
goal requirements of this subsection, or to reduce the amount of the
goal, in accordance with the provisions of the Exceptions and Waivers
section.
2. COUNTING MBE PARTICIPATION
MBE (and/or SBE, if applicable) participation shall be counted toward meeting the goal in
accordance with the following provisions:
a. For the purpose of determining compliance with the goal requirements
established in this ordinance, businesses will be counted as MBE (and/or SBE, if
applicable) only when they have been certified as such prior to a
recommendation for award being made to the City Council.
1) Any business listed by an Offeror that is not certified at the time of
response opening must file an application for certification to a GCity
authorized certification agency within a reasonable time for the City to
consider the business and dollar amount towards meeting the goal.
2) If a business described in the subparagraph immediately above fails to
submit an application for certification within a reasonable time, or if the
business is denied certification, the Offeror shall be afforded five (5) City
business days to secure additional certified/certifiable MBE (and/or SBE,
if applicable) participation, starting the next City business day following
the day the written notification was received from the Managing
Department.
3) Evidence of the additional certified/certifiable MBE (and/or SBE, if
applicable) participation shall be delivered to and received by the
Managing Department within five (5) City business days after the
notification was received by the Offeror, exclusive of the date that the
notification was received.
b. The Offeror may count toward the goal any tier of MBE (and/or SBE, if
applicable) sub -consultants and/or suppliers.
C. The Offeror will be given credit toward the goal only when the MBE (and/or SBE,
if applicable) sub -consultant performs a commercially useful function. An MBE
(and/or SBE, if applicable) sub -consultant is considered to have performed a
commercially useful function when:
1) It is responsible for the execution of a distinct element of the work by
actually performing, managing and supervising the work involved in
accordance with normal business practice;
2) When the firm receives due compensation as agreed upon for the work
performed; and
3) The firm's role is not limited to that of an extra participant in a
transaction, contract or project through which funds are passed in order
to obtain the appearance of participation.
d. The Offeror will be given credit toward the MBE (and/or SBE, if applicable)
contract goal only when the MBE (and/or SBE, if applicable) supplier performs a
commercially useful function. An MBE (and/or SBE, if applicable) supplier is
16
Minority and Women Business Enterprise Ordinance Attachment 1
considered to have performed a commercially useful function when the MBE
(and/or SBE, if applicable) supplier is a manufacturer or a regular dealer.
e. Regardless of whether an arrangement between the consultant and the MBE
(and/or SBE, if applicable) represents standard industry practice, if the
arrangement erodes the ownership, control or independence of the MBE (and/or
SBE, if applicable) or does not meet the commercially useful function
requirement, the Offeror shall receive no credit toward the goal.
f. An Offeror may count toward its subcontracting goal a portion of the total dollar
value of a contract with a joint venture equal to the percentage of MBE
participation in the joint venture. The M/WBE Office, however, at its discretion
and prior to solicitation, may require joint ventures to meet or establish good faith
efforts to meet its goal solely through the use of subcontracting participation.
1) The Joint Venture Form must be submitted to the Managing Department
with the proposal when determining the responsiveness of the proposal
by the M/WBE Office. Failure to comply with the proposal scope of
services, inclusive of the MBE (and/or SBE, if applicable) requirements,
shall render the Offeror non-responsive.
2) The MBE (and/or SBE, if applicable) involved in the joint venture must be
responsible for a clearly defined portion of the work to be performed,
equal to a share in the ownership, control, knowledge, management,
responsibility, risks, and profits of the joint venture.
g. Except for joint ventures, the prime consultant (regardless of their MBE (and/or
SBE, if applicable) status) and any work performed by the prime consultant is not
counted toward meeting the MBE (and/or SBE, if applicable) contract goal and is
not considered when determining compliance with this ordinance.
h. An Offeror may not count toward its goal any arrangement with an MBE (and/or
SBE, if applicable) that is nepotism or where an MBE (and/or SBE, if applicable)
has been a recent employee (less than one year) of the Offeror.
i. The Offeror may not count toward the goal any agreement with an MBE (and/or
SBE, if applicable) that does not meet the requirements of this ordinance.
3. PAYMENTS
The City Manager shall implement procedures to comply with the following:
a. The prime shall submit an invoice at least monthly or as designated by the
contract documents and the City will pay the invoice as required by the Texas
Prompt Payment Act or any successor statute. The prime shall pay sub -
consultants as required by the Texas Prompt Payment Act (Tex. Gov't. Code,
Chap. 2251) or any successor statute. A consultant's failure to make payments
in accordance with state law shall, in addition to any other remedies provided by
law, authorize the City to withhold future payments and/or reject future proposals
from the consultant until compliance with this ordinance is attained.
b. Whenever there is a dispute over payment due between the prime and sub -
consultant and/or supplier, the City shall strongly encourage the parties to seek
mediation before the City initiates a stop payment order.
C. PURCHASES
M/WBE UTILIZATION REQUIREMENTS
In addition to the requirements set forth elsewhere, bid conditions shall include,
when applicable, a statement of the SBE goal established for the contract_ The
requirements below also apply to circumstances where purchase orders or extra
work cause new subcontracting/supplier opportunities.
17
Minority and Women Business Enterprise Ordinance Attachment 1
b. Bid conditions and all other specifications for applicable contracts to be awarded by
the City shall require that Offeror make a good faith effort (GFE) to subcontract with
or purchase supplies from SBE firms. Such specifications shall require the Offeror
to meet or exceed the stated goal or submit documentation of GFE for all
applicable contracts to permit a determination of compliance with the
specifications.
C. Purchase contracts and such other contracts which may be competed for under
sealed proposal procedures (estimated cost greater than $50,000) shall be
awarded and administered in accordance with the following standards and
procedures:
1) Competitive bids for applicable contracts shall include the SBE
requirements and documentation in the bid specifications. M/WBE
documentation consists of the SPECIAL INSTRUCTIONS TO BIDDERS,
the SUBCONTRACTOR UTILIZATION FORM, the PRIME
CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM,
and, the JOINT VENTURE FORM.
a) Competitive bids where the Offeror equals or exceeds the
contract goal must submit the SUBCONTRACTOR
UTILIZATION FORM.
b) Competitive bids where the Offeror does not have subcontracting
and/or supplier opportunities must submit the PRIME
CONTRACTOR WAIVER FORM.
C) Competitive bids where the Offeror has subcontracting and/or
supplier opportunities but does not include SBE participation in
an amount which equals or exceeds the contract goal, must
submit the SUBCONTRACTOR UTILIZATION FORM and the
GOOD FAITH EFFORT FORM and documentation.
d) Competitive bids where the Offeror has subcontracting and/or
supplier opportunities but do not include any SBE participation
must submit the GOOD FAITH EFFORT FORM and
documentation.
2) The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM
and/or the GOOD FAITH EFFORT FORM or the PRIME
CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and
documentation") as appropriate. The Managing Department must
receive the documentation no later than 5:00 p.m., five (5) City business
days after the bid opening date, exclusive of the bid opening date. The
Offeror shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall
be evidence that the City received the documentation. The submission
of the applicable completed form(s) within the allotted time will be
considered when determining the responsiveness of the bid. Failure to
comply with the bid specifications, inclusive of the SBE requirements and
documentation, shall render the Offeror non-responsive.
3) The GFE documentation shall demonstrate the Offeror's commitment
and honest efforts to utilize SBE(s). The burden of preparing and
submitting the GFE information is on the Offeror and will be evaluated as
part of the responsiveness to the bid/proposal. An Offeror who submits
GFE shall be required to submit documentation to support a review with
the MWBEs who did not submit the lowest bid. An Offeror who
intentionally and/or knowingly misrepresents facts on the documentation
submitted will constitute a basis for classification as non-responsive and
possible debarment.
4) The contracting department may request the M/WBE Office to waive the
goal requirements of this subsection, or to reduce the amount of the
is
Minority and Women Business Enterprise Ordinance Attachment 1
goal, in accordance with the provisions of the Exceptions and Waivers
section.
2. COUNTING SBE PARTICIPATION
SBE participation shall be counted toward meeting Goal in accordance with the following
provisions:
a. For the purpose of determining compliance with the goal requirements
established in this ordinance, businesses will be counted as SBEs only when
they have been certified as such prior to a recommendation for award being
made to the City Council.
1) Any business listed by an Offeror that is not certified at the time of
bid/response opening must file an application for certification within a
reasonable time for the City to consider the business towards meeting
the goal.
2) If a business described in the subparagraph immediately above fails to
submit an application for certification within a reasonable time, or if the
business is denied certification, the Offeror shall be afforded five (5) City
business days to secure additional certified/certifiable SBE participation,
starting the next City business day following the day the written
notification was received from the Managing Department
3) Evidence of the additional certified/certifiable SBE participation shall be
delivered to and received by the Managing Department within five (5)
City business days after the notification was received by the Offeror,
exclusive of the date that the notification was received.
b. Except as provided for in paragraph c. below, if the Offeror is ruled non-
responsive for failure to comply with the requirements of this ordinance, the
Managing Department will provide written notification to the Offeror stating the
specific basis for the ruling. The Offeror may submit documentation that it will
either meet or exceed the stated goal, and if the documentation satisfies this
ordinance, the Offeror may then be considered for an award of contract.
C. If the Offeror is ruled non-responsive solely for its failure to identify a
subcontract/supplier opportunity and that opportunity is less than three (3%)
percent of the total bid, the Offeror may submit documentation that an SBE will
be utilized for that subcontract/supplier opportunity, and may be considered for
an award of contract.
d. Documentation required under either paragraph b. or c. above must be received
by the Managing Department within five (5) City business days, exclusive of the
date that the Offeror was notified that it was non-responsive. If the
documentation is not received within the stated time, the Offeror shall be deemed
to have withdrawn its bid. The City will not communicate with another Offeror
regarding award of the contract until five (5) City business days after the original
Offeror has been notified that it is non-responsive.
e. The Offeror may count toward the goal any tier of SBE subcontractors and/or
suppliers. It is the sole responsibility of the Offeror to report and document all
subcontracting and/or supplier participation dollars counted towards the goal,
irrespective of tier level. Failure to submit documentation as required in this
subparagraph, shall entitle the City to withhold payments and/or reject future
purchasing orders until compliance is attained.
f. The Offeror will be given credit toward the goal only when the SBE subcontractor
performs a commercially useful function_ An SBE subcontractor is considered to
have performed a commercially useful function when:
1) It is responsible for the execution of a distinct element of the work by
actually performing, managing and supervising the work involved in
accordance with normal business practice;
19
Minority and Women Business Enterprise Ordinance Attachment 1
2) When the firm receives due compensation as agreed upon for the work
performed; and
3) The firm's role is not limited to that of an extra participant in a
transaction, contract or project through which funds are passed in order
to obtain the appearance of participation.
g. The Offeror will be given credit toward the SBE contract goal only when the SBE
supplier performs a commercially useful function. An SBE supplier is considered
to have performed a commercially useful function when the SBE supplier is a
manufacturer or a regular dealer.
h. The Offeror will be given credit for utilizing an SBE hauling firm as long as the
SBE owns and operates at least one fully licensed, insured and operational truck
used on the contract. The SBE may lease trucks from another SBE firm,
including SBE owner -operators and receive 100% SBE credit. The SBE may
lease trucks from non- SBEs, including owner -operators, but will only receive
credit for the fees and commissions earned by the SBE as outlined in the lease
agreement.
i. Regardless of whether an arrangement between the contractor and the SBE
represents standard industry practice, if the arrangement erodes the ownership,
control or independence of the SBE or does not meet the commercially useful
function requirement, the Offeror shall receive no credit toward the goal.
j. An Offeror may count toward its subcontracting goal a portion of the total dollar
value of a contract with a joint venture equal to the percentage of SBE
participation in the joint venture. The M/WBE Office, however, at its discretion
and prior to solicitation, may require joint ventures to meet or establish good faith
efforts to meet its goal solely through the use of subcontracting participation.
1) The Managing Department must receive the Joint Venture form from the
Offeror within five (5) City business days after the date of bid opening,
exclusive of the day of the bid opening, for certification by the MfWBE
Office.
2) The SBE involved in the joint venture must be responsible for a clearly
defined portion of the work to be performed, equal to a share in the
ownership, control, knowledge, management, responsibility, risks, and
profits of the joint venture.
k. Except for joint ventures, the prime contractor (regardless of their SBE status)
and any work performed by the prime contractor is not counted toward meeting
the SBE contract goal and is not considered when determining compliance with
this ordinance.
I. An Offeror may not count toward its goal any arrangement with an SBE that is
nepotism or where an SBE has been a recent employee (less than one year) of
the Offeror.
M. The Offeror may not count toward the goal any agreement with an SBE that does
not meet the requirements of this ordinance.
PAYMENTS
The City Manager shall implement procedures to comply with the following
a. Establish procedures to ensure that purchase orders for all vendors' invoices be
paid as required by the Texas Prompt Payment Act (Tex. Gov't. Code, Chap.
2251) or any successor statute and that subcontractors are also paid as required
by state law A vendor's failure to make payments as required by law shall, in
addition to any other remedies provided by law, authorize the City to withhold
future payments from the vendor until compliance with this ordinance is attained.
b. Whenever there is a dispute concerning payment due between the prime and
subcontractor and/or supplier. the City shall strongly encourage the parties to
seek mediation before the City initiates a stop payment order.
lC
Minority and Women Business Enterprise Ordinance Attachment 1
4. BEST VALUE CRITERIA
a. In order to increase SBE, as well as M/WBE primes in direct purchases, the City
will apply the best value criteria codified in State law (Tex. Local Gov't Code,
Sec. 252.043 or any successor statute) to all purchasing activities as outlined in
the state legislation.
b. The City Manager, with the advice and counsel of the MWBE-AC in accord with
City of Fort Worth Resolution No. 3698-12-2008, shall implement procedures for
the purchase of goods and services under the formal bid amount to emphasize
the inclusion of SBEs, as well as M/WBEs (see Program Enhancements).
VII. POST -AWARD COMPLIANCE:
A. In addition to such other requirements as may be set forth elsewhere, the following shall apply to
applicable contracts awarded by the City:
Contracts shall incorporate this ordinance by reference, and shall provide that the
contractor's violation of this ordinance shall constitute a breach of such contract and may
result in debarment in accord with the procedures outlined in this ordinance.
2. Following the date and time of bid/proposal opening, any proposed change or deletion in
MBE and/or WBE (and/or SBE, if applicable) participation identified in the bid, proposal or
contract shall be reviewed by the M/WBE Office to determine whether such change or
deletion is justified in accord with paragraphs 3 and 4 immediately below. Any unjustified
change or deletion shall be a material breach of contract and may result in debarment in
accord with the procedures outlined in this ordinance.
3. Following the date and time of bid/proposal opening, the contractor shall:
a. Make no unjustified changes or deletions in its MBE and/or WBE (and/or SBE, if
applicable) participation commitments submitted with the bid, proposal or during
negotiation, without prior submission of the proper documentation for review and
approval by the M/WBE Office.
b. Shall submit a detailed explanation of how the requested change or deletion will
affect the MBE, WBE or SBE commitment. If the detailed explanation is not
submitted, it will affect the final compliance determination.
C. If substantial subcontracting and/or supplier opportunities arise during the term of
any contract when the contractor represented in its bid to the City that it alone
would perform the subcontracting/supplier opportunity work, the contractor shall
notify the City before subcontracts for work and/or supplies are awarded and
shall be required to comply with definition number 19 in the definition section
(Good Faith Effort Requirements) of this Attachment I, exclusive of the time
requirements stated in such subsections;
d. Maintain records reasonably necessary for monitoring their compliance with the
provisions of this ordinance;
e. After the first payment and beginning with the second application for payment,
submit the required MBE, WBE and/or SBE Periodic Payment Reports, including
copies of MBE, WBE and/or SBE subcontractor's/ subconsultant's/supplier's
applications for payment / invoices (as appropriate) and proof of payment
documentation, to the M/WBE Office. Additionally, upon request of the M/WBE
Office, the contractor shall submit such other documentation as may be
reasonably required to verify proof of payments. Failure to submit these reports
and other requested information, if any, as required shall authorize the City to
withhold payment and/or reject future bids from the contractor until compliance
with this ordinance is attained.
21
Minority and Women Business Enterprise Ordinance Attachment 1
4. The contractor shall submit to the M/WBE Office for approval an MBE, WBE and/or SBE
REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any contract, a
contractor wishes to change or delete one or more MBE, WBE and/or SBE
subcontractor(s), subconsultant(s) or supplier(s).
a. Within three (3) City business days after receipt by the M/WBE Office, exclusive
of the date of receipt, the Request shall be reviewed. The Request shall be
approved if the change or deletion is justified. The following shall constitute
justification for the requested change or deletion:
1) An MBE, WBE and/or SBE's failure to provide workers' compensation
insurance evidence as required by state law; or
2) An MBE, WBE and/or SBE's failure to provide evidence of general
liability or other insurance under the same or similar terms as contained
in the contract documents with limits of coverage no greater than the
lower of 1) the limits required of the contractor by the City; or 2) the limits
contained in the contractor's standard subcontract or supply agreements
used on other projects of similar size and scope and within the
contractor's normal business practice with non-M/WBE
subcontractors/subconsultants or suppliers; or
3) An MBE, WBE and/or SBE's failure to execute the contractor's standard
subcontract form, if entering a subcontract is required by the contractor
in its normal course of business, unless such failure is due to:
a) A change in the amount of the previously agreed to bid or scope
of work; or
b) The contract presented provides for payment once a month or
longer and the contractor is receiving payment from the City
twice a month; or
C) Any limitation being placed on the ability of the MBE, WBE
and/or SBE to report violations of this Ordinance or any other
ordinance or violations of any state or federal law or other
improprieties to the City or to provide notice of any claim to the
contractor's surety company or insurance company.
d) Mediation shall be a consideration before the request for change
is approved.
4) An MBE, WBE and/or SBE defaults in the performance of the executed
subcontract. In this event, the contractor shall:
a) Request bids from all MBE (and/or SBE, if applicable and/or
WBE, if applicable) subcontractors previously submitting bids for
the work,
b) If reasonably practicable, request bids from previously non -
bidding MBEs (and/or SBEs, if applicable and/or WBEs, if
applicable), and
C) Provide to the M/WBE Office documentation of compliance with
a) and b) above.
5) Any other reason found to be acceptable by the M/WBE Office in its sole
discretion.
NOTE: The contractor shall submit such documentation as may reasonably
be requested by the M/WBE Office to support the contractor's
request. The time between the request by the M/WBE Office for
additional documentation and the delivery of such documentation
shall not be included within the time period that the M/WBE Office is
required to respond as stated in subparagraph (a) above.
If the M/WBE Office approves the deletion of an M/WBE or SBE and replacement
by a non-M/WBE or non -SBE, such approval shall constitute a post award waiver
to the extent of the value of the deleted subcontract.
22
Minority and Women Business Enterprise Ordinance Attachment 1
C. If the M/WBE Office denies the request for change or deletion, the contractor
may appeal the denial to the City Manager whose decision will be final.
5. Whenever contract amendments, change orders, purchase orders or extra work orders
are made individually or in the aggregate, the contractor shall comply with the provisions
of this ordinance with respect to the alternates, amendments, change orders, or extra
work orders.
a. If the amendment, change order, purchase order or extra work affects the
subcontract of an MBE, WBE and/or SBE, such MBE, WBE and/or SBE shall be
given the opportunity to perform such amendment, change order, purchase order
or extra work.
b. If the amendment, change order, purchase order or extra work is or is not
covered by any subcontractor performing like or similar work, and the amount of
such amendment, change order, purchase order or extra work is greater than
$50,000.00, the contractor shall comply with definition number 19 in the definition
section (Good Faith Effort Requirements), of this Attachment I (exclusive of the
time requirements stated therein) with respect to such amendment, change order
purchase order or extra work.
6. If the contractor/consultant in its bid/proposal included any second or lower tier
subcontractor/subconsultant/supplier towards meeting the goal, it is the sole
responsibility of the Offeror to report and document all subcontracting/subconsulting
and/or supplier participation dollars counted towards the goal, irrespective of tier level.
Failure to comply with the City's request to provide the required documentation shall
entitle the City to withhold payments and/or to reject future bids/proposals from the
Offeror until compliance with this ordinance is attained.
7. Upon completion of the contract and within ten (10) City business days after receipt of
final payment from the City, exclusive of the date the contractor receives payment, the
contractor shall provide the M/WBE Office with the MBE, WBE and/or SBE FINAL
SUMMARY PAYMENT REPORT FORM to reflect the final participation of each
subcontractor/subconsultant and/or supplier (including non-M/WBEs) used on the project.
Failure to comply with the City's request to provide the required documentation shall
entitle the City to reject future bids from the contractor until compliance with this
ordinance is attained.
8. In the event a contractor is in non-compliance and is a subcontractor/subconsultant on a
new quote, then, the contractor will be required to comply with this ordinance prior to a
recommendation for award being made to the City Council.
VIII. CONTRACT MONITORING, AND REPORTING:
A. The M/WBE Office shall monitor compliance with these requirements during the term of the
contract. If it is determined that there is cause to believe that a contractor or subcontractor has
failed to comply with any of the requirements of this ordinance, or the contract provisions
pertaining to MBE, WBE and/or SBE utilization, the M/WBE Office shall notify the contracting
department and the contractor. The M/WBE Office shall attempt to resolve the non-compliance
through conciliation. If the non-compliance cannot be resolved, then, the M/WBE Office, through
its specific department (i.e. Housing and Economic Development Department) and the
contracting department shall submit written recommendations to the City Manager or designee,
and if the City Manager concurs with the findings, sanctions shall be imposed as stated in this
ordinance.
B. Whenever the M/WBE Office finds, after investigation, that a contracting department has failed to
comply with the provisions of this ordinance, a written finding specifying the nature of the non-
compliance shall be transmitted to the contracting department, and the M/WBE Office shall
23
Minority and Women Business Enterprise Ordinance Attachment 1
attempt to resolve any non-compliance through conference and conciliation. Should such attempt
fail to resolve the non-compliance, the M/WBE Office shall transmit a copy of the findings of non-
compliance, with a statement that conciliation was attempted and failed, to the City Manager who
shall take appropriate action to secure compliance.
C. The M/WBE Office may require such reports, information, and documentation from contractors,
Offerors, contracting agencies, and the head of any department, division, or office of the City of
Fort Worth, as are reasonably necessary to determine compliance with the requirements of this
ordinance.
D. Contracting departments shall maintain accurate records for each contract awarded, including the
names of contractors providing quotes, dollar value, the nature of the goods or services to be
provided, the name of the contractor awarded the contract, the efforts it employed to solicit
quotes from MBEs, WBEs and/or SBEs, identifying for each its dollar value, the nature of the
goods or services provided, and the name of the subcontractors/suppliers.
E. The City Manager, with the advice and counsel of the MWBE-AC in accord with City of Fort Worth
Resolution No. 1148, shall submit an annual report to the City Council on the progress of the City
toward the utilization goal established by this ordinance, together with an identification of
problems and specific recommendations for improving the City's performance.
IX. EXCEPTIONS AND WAIVERS:
A. If an Offeror is unable to comply with the goal requirements established in the Program Goal
section of this ordinance, such Offeror shall submit one of the two forms listed below within the
allotted time.
A Prime Contractor Waiver Form is submitted if the Offeror will perform the entire
contract without subcontractors or suppliers.
A Good Faith Effort Form is submitted if the Offeror has a subcontracting and/or supplier
opportunity but was unable to meet or exceed the contract goal. The Offeror will submit
requested documentation that demonstrates a good faith effort to comply with the goal
requirements as described in the Program Goal section above.
B. A contracting department may request the M/WBE Office to waive or modify the goal requirements
by submitting a Departmental Waiver Form, in writing, prior to solicitation of bids or proposals. The
M/WBE Office may grant such a waiver or reduction upon determination that:
1. The reasonable and necessary requirements of the contract render subcontracting or
other participation of businesses other than the Offeror infeasible; or
2. A public or administrative emergency exists which requires the goods or services to be
provided with unusual immediacy; or
3. Lack of sufficient MBE, WBE and/or SBE subcontracting/ subconsulting/suppliers
providing the services required by the contract are unavailable in the marketplace,
despite attempts to locate them; or
4. The application of the provisions of this ordinance will impose an unwarranted risk on the
City or unduly delay acquisition of the goods or services.
C. Whenever the M/WBE Office denies a request to waive a goal; the contracting department may
appeal that denial to the City Manager whose decision on the request shall be final.
24
Minority and Women Business Enterprise Ordinance Attachment 1
X. PROGRAM ADMINISTRATION:
A. The City Manager, with the advice and counsel of the MWBE-AC in accord with City of Fort Worth
Resolution No. 3698-12-2008, is authorized to establish and implement the regulations set forth
in this ordinance. The M/WBE Office shall be responsible for the overall administration of the
City's Business Diversity Enterprise Program, and its duties and responsibilities shall include:
1. Recommending rules and regulations to effectuate this ordinance;
2. Maintaining a current listing of certified firms for distribution internally and externally on
contracts;
3. Providing information, outreach (to include workshops, seminars, etc.) and needed
assistance to MBEs, WBEs and SBEs to increase their ability to compete effectively for
the award of City contracts;
4. Investigating alleged violations of this ordinance and making written recommendations to
appropriate City authorities for remedial action when appropriate;
5. Developing and distributing all necessary forms, applications, and documents necessary
to comply with this ordinance;
6. Reviewing, on a regular basis, the progress of departments toward achieving the
category goals for the utilization of minority, women and small business enterprises;
7. Making recommendations to appropriate City staff regarding methods to further the
policies and goals of this ordinance;
8. Determining ordinance compliance on bids and proposals before they are submitted to
the City Council for award;
9. Maintaining an accurate contract performance reporting system; and
10. Compiling a report reflecting the progress in attaining the City's annual goal, quarterly
and annually.
B. It shall be the responsibility of the contracting department to ensure that bids or proposals for the
department's projects adhere to the procedures and provisions set forth in this ordinance.
1. The department director or designee shall assume primary responsibility for achieving the
goals of this program and shall review, on a continuing basis, all aspects of the program's
operations to assure that the purpose is being attained.
2. The contracting department shall take the following action to ensure that MBEs, WBEs
and SBEs have the maximum opportunity to participate on City contracts:
a. Effectively use the City's website, email blasts and other tools, techniques and
forms of relevant media to effectively advertise and notify minority, women and
small business trade associations, professional associations, contractor's
associations, and minority, women and other chambers of commerce and
technical assistance organizations about the availability of formally advertised
contracting opportunities no less than 28 days before bids are due;
b. All applicable contract solicitations shall include the requirements contained in
this ordinance;
C. All contracting opportunities shall be evaluated in an effort to divide the total
requirements of a contract to provide reasonable opportunities for MBEs, WBEs
and/or SBEs;
25
Minority and Women Business Enterprise Ordinance Attachment 1
d. Establish procedures to ensure that all contractors' invoices are paid on
construction, professional services and purchases as follows:
1) Vertical construction shall be paid monthly or whenever practical, within
ten (10) City business days after receipt of an approved invoiced,
2) Horizontal construction shall be paid twice monthly,
3) Professional Services shall be paid within ten (10) City business days
after receipt of an approved invoice, and
4) Purchases shall be paid within ten (10) City business days after receipt
of an approved invoice.
e. Ensure that applicable contracts with prime contractors/consultants that provide
construction, professional services, all other services and applicable goods have
appropriate contract language that require primes to pay all of its
subcontractors/subconsultants within five (5) business days after receipt of
payment from the City (exclusive of the date payment is received).
f. Establish guidelines to ensure that a notice to proceed is not issued until signed
letters of intent evidencing receipt by the MBEs, WBEs and/or SBEs or executed
agreements with the MBEs, WBEs and/or SBEs have been submitted to
substantiate the participation commitment along with the project work schedule, if
applicable;
g Ensure that all required statistics and documentation are submitted to the
M/WBE Office as requested; and
h. If circumstances prevent the contracting department from meeting the 28 -day
advertising and notification requirements, the contracting department shall
perform extensive outreach to MBE, WBE and/or SBE associations or other
relevant organizations to inform them of the contracting opportunity.
XI. SANCTIONS:
A_ The GFE documentation shall demonstrate the Offeror's commitment and honest efforts
to utilize MBEs, WBEs and/or SBEs. The burden of preparing and submitting the GFE
information is on the Offeror and will be evaluated as part of the responsiveness to the
bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts in the
documentation submitted will be classified as non-responsive and be subject to possible
debarment.
B. A contractor's failure to make payments within five (5) City business days shall authorize
the City to withhold payment from the contractor until compliance with this ordinance is
attained.
C. Debarment:
An Offeror who intentionally and/or knowingly misrepresents material facts shall
be determined to be an irresponsible Offeror and barred from participating in City
work for a period of time of not less than three (3) years.
The failure of an Offeror to comply with this ordinance where such non-
compliance constitutes a material breach of contract as stated herein, may result
in the Offeror being determined to be an irresponsible Offeror and barred from
participating in City work for a period of time of not less than one (1) year.
The M/WBE Office will send a written statement of facts and a recommendation
for debarment to the City Manager. The City Manager, after consultation with the
Department of Law, will make the decision regarding debarment and send a
certified notice to the Offeror.
26
Minority and Women Business Enterprise Ordinance Attachment 1
4. An Offeror that receives notification of debarment may appeal to an Appeal
Board, hereinafter created, by giving written notice within ten (10) days from the
date of receipt of the debarment notice, to the City Manager of its request for
appeal.
5. An Appeal Board, consisting of not less than three members appointed by the
City Manager with the approval of the City Council, will meet within thirty (30)
days from the date of receipt of the request for appeal of debarment, unless
Offeror requests an extension of time. The Offeror will be notified of the meeting
time and location.
6. The Offeror will be afforded an opportunity to appear with Counsel if they so
desire, submit documentary evidence, and confront any witness that the City
presents.
7. The Appeal Board will render its decision not more than thirty (30) days after the
hearing and send a certified notice to the Offeror.
8. If the Appeal Board upholds the original debarment, the Offeror may appeal to
the City Council within ten (10) days from the date of receipt of the Appeal
Board's decision by giving written notice to the City Manager.
9. The appeal will be placed on the City Council agenda within thirty (30) days from
receipt of written notice, unless Offeror requests an extension in writing.
10. From the date of notification of debarment and during the pendency of any
appeal, the City will not consider offers from, award contracts to, renew or
otherwise extend contracts with, or contract directly or indirectly through
subcontracts with the Offeror pending the Appeal Board's decision.
11. Any MBE, WBE, SBE or other relevant subcontractor or supplier who
intentionally and/or knowingly misrepresents facts or otherwise violates the
provisions of this ordinance may be determined to be irresponsible for a period
not to exceed one (1) year, and if deemed irresponsible, such MBE, WBE or SBE
subcontractor or supplier shall not be included in calculating an Offeror's
responsiveness and barred from bidding on City work.
XII. SEVERABILITY:
If any provision of this attachment or ordinance, the application thereof to any person or
circumstance is held invalid for any reason in a court of competent jurisdiction, such invalidity
shall not affect the other provisions of any other application of this attachment or ordinance which
can be given effect without the invalid provision or application, and to this end, all the provisions
of this attachment or ordinance are hereby declared to be severable.
27
APPENDIX B
Appendix B
ATTACHMENT 8
DBE Certification Application Form
ft
I (New form October 2, 2011)
" UNIFORM CER TIFICA TION A PPLICA TION
DISADVANTAGED BUSINESS ENTERPRISE (DBE) /
AIRPORT CONCESSION DISADVANTAGED BUSINESS ENTERPRISE (ACDBE)
49 C.F.R. Parts 23 and 26
Roadmap for Applicants
1. Should I apply?
You may be eligible to participate in the DBE/ACDBE program if
• The firm is a for-profit business that performs or seeks to perform transportation related work (or a concession
activity) for a recipient of Federal Transit Administration, Federal Highway Administration, or Federal
Aviation Administration funds.
• The firm is at least 51% owned by a socially and economically disadvantaged individual(s) who also controls it.
• The firm's disadvantaged owners are U.S. citizens or lawfully admitted permanent residents of the U.S.
• The firm meets the Small Business Administration's size standard and does not exceed $23.98 million in gross
annual receipts for DBE ($56.42 million for ACDBEs). (Other size standards apply for ACDBE that are
banks/financial institutions, car rental companies, pay telephone firms, and automobile dealers.)
2. How do I apply?
First time applicants for DBE certification must complete and submit this certification application and related
material to the certifying agency in your home state and participate in an on-site interview conducted by that
agency. The attached document checklist can help you locate the items you need to submit to the agency with your
completed application. If you fail to submit the required documents, your application may be delayed and/or
denied. Firms already certified as a DBE do not have to complete this form, but may be asked by certifying
agencies outside of your home state to provide a copy of your initial application form, supporting documents, and
any other information you submitted to your home state to obtain certification or to any other state related to your
certification.
3. Where can I send my application? [INSERT UCP PARTICIPATING MEMBER CONTACT INFORMATION)
4. Who will contact me about my application and what are the eligibility standards?
The DBE and ACDBE Programs require that all U.S. Department of Transportation (DOT) recipients of federal
assistance participate in a statewide Unified Certification Program (UCP). The UCP is a one-stop certification
program that eliminates the need for your firm to obtain certification from multiple certifying agencies within your
state. The UCP is responsible for certifying firms and maintaining a database of certified DBEs and ACDBEs for
DOT grantees, pursuant to the eligibility standards found in 49 C.F.R. Parts 23 and 26.
5. Where can I find more information?
U.S. DOT—https://www.civilriglits.dot.gov/ (This site provides useful links to the rules and regulations governing
the DBE/ACDBE program, questions and answers, and other pertinent information)
SBA—Small Business Size Standards matched to the North American Industry Classification System (NAICS):
littp://www.census.gov/eos/www/naics/ and http://www.sba.gov/content/table-small-business-size-standards.
In collecting the information requested by this form, the Department of Transportation (Department) complies with the provisions of the
Federal Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a). The Privacy Act provides comprehensive protections for your
personal information. This includes how information is collected, used, disclosed, stored, and discarded. Your information will not be disclosed
to third parties without your consent. The information collected will be used solely to determine your firm's eligibility to participate in the
Department's Disadvantaged Business Enterprise Program as defined in 49 CFR §26.5 and the Airport Concession Disadvantaged Business
Enterprise Program as defined in 49 CFR §23.3. You may review DOT's complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477).
Under 49 C.F.R. §26.107, dated February 2, 1999 and January 28, 2011, if at any time, the Department or a recipient has reason to believe that
any person or firm has willfully and knowingly provided incorrect information or made false statements, the Department may initiate
suspension or debarment proceedings against the person or fimr under 2 CFR Parts 180 and 1200, Nonprocurement Suspension and
Department, take enforcement action under 49 C.F.R. Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of
Justice for criminal prosecution under 18 U.S.C. 1001, which prohibits false statements in Federal programs.
43
INSTRUCTIONS FOR COMPLETING THE
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
AIRPORT CONCESSIONS DISADVANTAGED BUSINESS ENTERPRISE (ACDBE)
UNIFORM CERTIFICATION APPLICATION
NOTE: All participating firms must be for-profit enterprises. If your firm is not for profit, then you do NOT qualify for
the DBE/ACDBE program and should not complete this application. If you require additional space for any question in
this application, please attach additional sheets or copies as needed, taking care to indicate on each attached sheet/copy
the section and number of this application to which it refers.
Section 1: CERTIFICATION INFORMATION
A. Basic Contact Information
(1) Enter the contact name and title of the person
completing this application and the person who will
serve as your firm's contact for this application.
(2) Enter the legal name of your firm, as indicated in your
fun's Articles of Incorporation or charter.
(3) Enter the primary phone number of your firm.
(4) Enter a secondary phone number, if any.
(5) Enter your firm's fax number, if any.
(6) Enter the contact person's email address.
(7) Enter your firm's website addresses, if any.
(8) Enter the street address of the firm where its offices
are physically located not a P.O. Box).
(9) Enter the mailing address of your firm, if it is different
from your firm's street address.
B. Prior/Other Certifications and Applications
(10) Check the appropriate box indicating whether your
firm is currently certified in the DBE/ACDBE
programs, and provide the name of the certifying
agency that certified your fun. List the dates of any
site visits conducted by your home state and any other
states or UCP members. Also provide the names of
state/UCP members that conducted the review.
(11) Indicate whether your firm or any of the persons listed
has ever been denied certification as a DBE, 8(a), or
Small Disadvantaged Business (SDB) firm, or state
and local MBE/WBE firm. Indicate if the firm has
ever been decertified from one of these programs.
Indicate if the application was withdrawn or whether
the firm was debarred, suspended, or otherwise had its
bidding privileges denied or restricted by any state or
local agency, or Federal entity. If your answer is yes,
identify the name of the agency, and explain fully the
nature of the action in the space provided. Indicate if
you have ever appealed this decision to the
Department and if so, attach a copy of USDOT's final
agency decision(s).
Section 2: GENERAL INFORMATION
A. Business profile:
(1) Give a concise description of the firm's primary
activities, the product(s) or services the company
provides, or type of construction. If your company
offers more than one product/service, list primary
product or service first (attach additional sheets if
necessary). This description may be used in our UCP
online directory if you are certified as a DBE.
(2) If you know the appropriate NAICS Code for the
line(s) of work you identified in your business profile,
enter the codes in the space provided.
(3) State the date on which your firm was established as
stated in your firm's Articles of Incorporation or
charter.
(4) State the date each person became a firm owner.
(5) Check the appropriate box describing the manner in
which you and each other owner acquired ownership
of your firm. If you checked "Other," explain in the
space provided.
(6) Check the appropriate box that indicates whether your
firm is "for profit." If you checked "No," then you
do NOT qualify for the DBE/ACDBE program and
should not complete this application. All participating
firms must be for-profit enterprises. If the firm is a for
profit enterprise, provide the Federal Tax ID number
as stated on your firm's Federal tax return.
(7) Check the appropriate box that describes the type of
legal business structure of your firm, as indicated in
your firm's Articles of Incorporation or similar
document. Identify all joint venture partners if
applicable. If you checked "Other," briefly explain in
the space provided.
(8) Indicate in the spaces provided how many employees
your firm has, specifying the number of employees
who work on a full-time, part-time, and seasonal basis.
Attach a list of employees, their job titles, and dates of
employment, to your application.
(9) Specify the firm's gross receipts for each of the past
three years, as stated in your firm's filed Federal tax
returns. You must submit complete copies of the
firm's Federal tax returns for each year. If there are
any affiliates or subsidiaries of the applicant firm or
owners, you must provide these firms' gross receipts
and submit complete copies of these firm(s) Federal
tax returns. Affiliation is defined in 49 C.F.R. §26.5
and 13 C.F.R. Part 121.
B. Relationships and Dealings with Other Businesses
(1) Check the appropriate box that indicates whether your
firm is co -located at any of its business locations, or
whether your firm shares a telephone number(s), a
post office box, any office space, a yard, warehouse,
other facilities, any equipment, financing, or any
office staff and/or employees with any other business,
organization or entity of any kind. If you answered
"Yes," then specify the name of the other firm(s) and
fully explain the nature of your relationship with these
other businesses by identifying the business or person
with whom you have any formal, informal, written, or
44
oral agreement. Provide an explanation of any items
checked "Yes," state the name of the other business
shared with other firms in the space provided.
and this owner's function/title held in that business.
(2) Check the appropriate box indicating whether any
(3)
(a) Check the appropriate box that indicates whether
other firm currently has or had an ownership interest
this owner owns or works for any other firm(s) that
in your firm at present or at any time in the past. If you
has any relationship with your firm. If you checked
checked yes, please explain.
"Yes," identify the name of the other business, the
(3) Check the appropriate box that indicates whether at
nature of the business relationship, and the owner's
present or at any time in the past your firm:
function at the firm.
(a) ever existed under different ownership, a different
(b) If the owner works for any other firm, non-profit
type of ownership, or a different name;
organization, or is engaged in any other activity more
(b) existed as a subsidiary of any other firm;
than 10 hours per week, please identify this activity.
(c) existed as a partnership in which one or more of the
(4)
(a) Provide the personal net with of the owner
partners are/were other firms;
applying for certification in the space provided.
(d) owned any percentage of any other firm; and
Complete and attach the accompanying "Personal Net
(e) had any subsidiaries of its own.
Worth Statement for DBE/ACDBE Program
(f) served as a subcontractor with another firm
Eligibility" with your application. Note, complete this
constituting more than 25% of your firm's receipts.
section and accompanying statement only for each
owner applying for DBE qualification (i.e., for each
If you answered "Yes" to any of the questions in (3)(a-f),
owner claiming to be socially and economically
you may be asked to explain the arrangement in detail.
disadvantaged).
(b)
Check the appropriate box that indicates whether any
Section 3: MAJORITY OWNER INFORMATION
trust has been created for the benefit of the
disadvantaged owner(s). If you answered "Yes," you
Identify all individuals or holding companies with any
may be asked to provide a copy of the trust
ownership interest in your firm, providing the information
instrument.
requested below (if your firm has more than one owner,
(5)
Check the appropriate to indicate whether any of your
provide completed copies of this section for each owner):
immediate family members, managers, or employees,
own, manage, or are associated with another company.
A. Identify the majority owner of the firm holding 51 %
Immediate family member is defined in 49 C.F.R.
or more ownership interest
§26.5. If you answered "Yes," provide the name of
(1) Enter the fiilI name of the owner.
each person, your relationship to them, the name of
(2) Enter his/her title or position within your firm.
the company, the type of business, and whether they
(3) Give his/her home phone number.
own or manage the company.
(4) Enter his/her home (street) address.
(5) Indicate this owner's gender.
Section 4: CONTROL
(6) Identify the owner's ethnic group membership. If you
checked "Other," specify this owner's ethnic
A.
Identify the finn's Officers and Board of
group/identity not otherwise listed.
Directors
(7) Check the appropriate box to indicate whether this
(1)
In the space provided, state the name, title, date of
owner is a U.S. citizen or a lawfully admitted
appointment, ethnicity, and gender of each officer.
permanent resident. If this owner is neither a U.S.
(2)
In the space provided, state the name, title, date of
citizen nor a lawfiilly admitted permanent resident of
appointment, ethnicity, and gender of each individual
the U.S., then this owner is NOT eligible for
serving on your firm's Board of Directors.
certification as a DBE owner.
(3)
Check the appropriate box to indicate whether any of
(8) Enter the number of years during which this owner has
your firm's officers and/or directors listed above
been an owner of your firm.
performs a management or supervisory function for
(9) Indicate the percentage of the total ownership this
any other business. If you answered "Yes," identify
person holds and the date acquired, including (if
each person by name, his/her title, the name of the
appropriate), the class of stock owned.
other business in which s/he is involved, and his/her
(10) Indicate the dollar value of this owner's initial
function performed in that other business.
investment to acquire an ownership interest in your
(4)
Check the appropriate box that indicates whether any
firm, broken down by cash, real estate, equipment,
of your firm's officers and/or directors listed above
and/or other investment. Describe how you acquired
own or work for any other firm(s) that has a
your business and attach documentation substantiating
relationship with your firm. (e.g., ownership interest,
this investment.
shared office space, financial investments, equipment
leases, personnel sharing, etc.) If you answered "Yes,"
B. Additional Owner Information
identify the name of the firm, the individual's name,
(1) Describe the familial relationship of this owner to each
and the nature of his/her business relationship with
other owner of your firm and employees.
that other firm.
(2) Indicate whether this owner performs a management
or supervisory firnction for any other business. If you
45
s
ki
"rift
B. Duties of Owners, Officers, Directors, Managers and
Key Personnel
(1), (2) Specify the roles of the majority and minority
owners, directors, officers, and managers, and key
personnel who control the functions listed for the business.
Submit rdsumds for each owner and non -owner identified
below. State the name of the individual, title, race and
gender and percentage ownership if any. Circle the
frequency of each person's involvement as follows:
"always, frequently, seldom, or never" in each area
Indicate whether any of the persons listed in this section
perform a management or supervisory function for any
other business. Identify the person, business, and their
title/function. Identify if any of the persons listed above
own or work for any other firm(s) that has a relationship
with this firm (e.g. ownership interest, shared office space,
financial investment, equipment, leases, personnel sharing,
etc.) If you answered "Yes," describe the nature of his/her
business relationship with that other firm.
C. Inventory: Indicate firm inventory in these categories:
(1) Equipment and Vehicles
State the make and model, and current dollar value of
each piece of equipment and motor vehicle held and/or
used by your firm. Indicate whether each piece is
either owned or leased by your firm or owner, whether
it is used as collateral, and where this item is stored.
(2) Office Space
State the street address of each office space held
and/or used by your firm. Indicate whether your firm
or owner owns or leases the office space and the
current dollar value of that property or its lease.
(3) Storage Space
State the street address of each storage space held
and/or used by your firm. Indicate whether your firm
or owner owns or leases the storage space and the
current dollar value of that property or its lease.
Provide a signed lease agreement for each property.
D. Does your firm rely on any other firm for
management functions or employee payroll?
Check the appropriate box that indicates whether your firm
relies on any other firm for management functions or for
employee payroll. If you answered "Yes," you may be
asked to explain the nature of that reliance and the extent to
which the other firm carries out such functions.
E. Financial / Banking Information
Banking Information. State the name, City and State of
your firm's bank. In the space provided, identify the
persons able to sign checks on this account. Provide bank
authorization and signature cards
Bonding Information. State your firm's bonding limits (in
dollars specifying both the aggregate and project limits.
F. Sources, amounts, and purposes of money loaned to
your firm, including the names of persons or firms
guaranteeing the loan.
State the name and address of each source, the name of
person securing the loan, original dollar amount and the
current balance of each loan, and the purpose for which
each loan was made to your firm. Provide copies of signed
loan agreements and security agreements
G. Contributions or transfers of assets to/from your
firm and to/from any of its owners or another
individual over the past two years:
Indicate in the spaces provided, the type of contribution or
asset that was transferred, its current dollar value, the
person or firm from whom it was transferred, the person or
firm to whom it was transferred, the relationship between
the two persons and/or flims, and the date of the transfer.
H. Current licenses/permits held by any owner or
employee of your firm.
List the name of each person in your firm who holds a
professional license or permit, the type of permit or license,
the expiration date of the permit or license, and issuing
State of the license or permit. Attach copies of licenses,
license renewal forms, permits, and haul authority forms.
I. Largest contracts completed by your firm in the past
three years, if any.
List the name of each owner or contractor for each contract,
the name and location of the projects under each contract,
the type of work performed on each contract, and the dollar
value of each contract.
J. Largest active Jobs on which your firm is currently
working.
For each active job listed, state the name of the prime
contractor and the project number, the location, the type of
work performed, the project start date, the anticipated
completion date, and the dollar value of the contract.
AIRPORT CONCESSION (ACDBE) APPLICANTS
Identify the concession space, address and location at the
airport, the value of the property or lease, and fees/lease
payments paid to the airport. Provide information
concerning any other airport concession businesses the
applicant firm or any affiliate owns and/or operates,
including name, location, type of concession, and start date
of the concession enterprise.
AFFIDAVIT & SIGNATURE
The Affidavit of Certification must accompany your
application for certification. Carefully read the attached
affidavit in its entirety. Fill in the required information for
each blank space, and sign and date the affidavit in the
presence of a Notary Public, who must then notarize the
form.
46
A. Basic Contact Information
(1) Contact person and Title:
(3) Phone #: C_)
Section 1: CERTIFICATION INFORMATION
(2) Legal name of firm:
(4) Other Phone #: (_� - (5) Fax #: �, _ -
(6) E-mail: (7) Firm Websites:
(8) Street address of firm (No P.O. Box): City: County/Parish: State: Zip:
(9) Mailing address of firm (ifdtfferent): City: County/Parish: State: Zip:
B. Prior/Other Certifications and Applications
(10) Is your firm currently certified for any of the following U.S. DOT programs?
❑ DBE ❑ ACDBE Names of certifying agencies:
® If you are certified in your home state as a DBE/ACDBE, you do not have to complete this application for other states.
Ask your state UCP about the interstate certification process.
List the dates of any site visits conducted by your home state and any other states or UCP members:
Date / / State/UCP Member: Date / / State/UCP Member:
(11) Indicate whether the firm or any persons listed in this application have ever been:
(a) Denied certification or decertified as a DBE, ACDBE, 8(a), SDB, MBE/WBE firm? ❑ Yes ❑No
(b) Withdrawn an application for these programs, or debarred or suspended or otherwise had bidding privileges
denied or restricted by any state or local agency, or Federal entity? ❑ Yes ❑ No
If yes, explain the nature of the action. (If you appealed the decision to DOT or another agency, attach a copy of the decision,
Section 2: GENERAL INFORMATION
A. Business Profile: (1) Give a concise description of the firm's primary activities and the product(s) or service(s)
it provides. If your company offers more than one product/service, list the primary product or service first. Please
use additional paper if necessary. This description may be used in our database and the UCP online directory if you
are certified as a DBE or ACDBE.
(2) Applicable NAICS Codes for this line of work include:
(3) This firm was established on / / I (4) I/We have owned this firm since:
(5) Method of acquisition (Check all that appl}):
❑ Started new business ❑ Bought existing business ❑ Inherited business ❑ Secured concession
❑ Merger or consolidation ❑ Other (explain)
U.S. DOT Uniform DBE / ACDBE Certification Application • Page 5 of 14
47
(6) Is your firm "for profit"? ❑ Yes ❑No— ® STOP! If your firm is NOT for-profit, then you do NOT
Federal Tax ID# qualify for this program and should not fill out this application.'
(7) Type of Legal Business Structure: (check all that apply):
❑ Sole Proprietorship ❑ Limited Liability Partnership
❑ Partnership ❑Corporation
❑ Limited Liability Company ❑ Joint Venture (Identify all JV partners )
❑ Applying as an ACDBE ❑ Other, Describe _
(8) Number of employees: Full-time Pati -time Seasonal Total
(Provide a list of employees, their job titles, and dates of employment, to your application).
(9) Specify the firm's gross receipts for the last 3 years. (Submit complete copies of the ffnn's Federal tax returns for
each year. If there are affiliates or subsidiaries of the applicant firm or owners, you must submit complete copies of these
firms' Federal tar returns).
Year Gross Receipts of Applicant Firm $ Gross Receipts of Affiliate Firms S
Year Gross Receipts of Applicant Firm S Gross Receipts of Affiliate Firms S
Year Gross Receipts of Applicant Firm $ Gross Receipts of Affiliate Firms S _
B. Relationships and Dealings with Other Businesses
(1) Is your firm co -located at any of its business locations, or does it share a telephone number, P.O. Box,
office or storage space, yard, warehouse, facilities, equipment, inventory, financing, office staff, and/or
employees with any other business, organization, or entity? ❑ Yes ❑ No
If Yes, explain the nature ofyoar relationship with these other businesses by identifying the business or person with whom you
have arty formal, informal, written, or oral agreement. Also detail the items shared.
(2) Has any other firm had an ownership interest in your firm at present or at any time in the past?
❑ Yes ❑ No If Yes, explain
(3) At present, or at any time in the past, has your firm:
(a) Ever existed under different ownership, a different type of ownership, or a different name? ❑ Yes ❑ No
(b) Existed as a subsidiary of any other firm? ❑ Yes ❑ No
(c) Existed as a partnership in which one or more of the partners aretwere other firms? O Yes ❑ No
(d) Owned any percentage of any other firm? ❑ Yes ❑ No
(e) Had any subsidiaries? ❑ Yes ❑ No
(f) Served as a subcontractor with another firm constituting more than 25% of your firm's receipts? ❑ Yes ❑ No
(Ifyou answered "Yes" to any of the questions in (2) and/or (3)(a)-69, you may be asked to provide further details and explain
whether the arrangement continues).
U.S. DOT Uniform DBFJACDBE Certification Application • Page 6 of 14
48
. aorl%44�
Section 3: MAJORITY OWNER INFORMATION {
A. Identify the majority owner of the firm holding 51% or more ownership interest.'! �'•'
(1) Full Name: (2) Title: (3) Home Phone #:
(4) Home Address (Street and Mimbei): City: State: zip:
(8) Number of years as owner:
(5) Gender: ❑ Male ❑ Female
(9) Percentage owned: %
Class of stock owned:
(6) Ethnic group membership (Check all that apply):
Date acquired
❑ Black ❑ Hispanic
(10) Initial investment to LTe Dollar Value
❑ Asian Pacific ❑ Native American
acquire ownership Cash $
❑ Subcontinent Asian
interest in firm: Real Estate $
❑ Other (spec)
Equipment $
Other $
(7) U.S. Citizenship:
Describe how you acquired your business:
❑ Started business myself
❑ U.S. Citizen
❑ It was a gift from:
❑ Lawfully Admitted Permanent Resident
❑ I bought it from:
❑ I inherited it from: _
❑ Other
(Attach documentation substanlialin our investment)
B. Additional Owner Information
(1) Describe familial relationship to other owners and employees:
(2) Does this owner perform a management or supervisory function for any other business? ❑ Yes ❑ No
If Yes, identify: Name of Business: Function/Title:
(3)(a) Does this owner own or work for any other firm(s) that has a relationship with this firm? (e.g., ownership
interest, shared office space, financial investments, equipment, leases, personnel sharing, etc.) ❑ Yes ❑ No
Identify the name of the business, and the nature of the relationship, and the owner's function at the firm:
(b) Does this owner work for any other firm, non-profit organization, or is engaged in any other activity
more than 10 hours per week? If yes, identify this activity:
(d)(a) What is the personal net worth of this disadvantaged owner applying for certification ? $
(b)Has any trust been created for the benefit of this disadvantaged owner(s)? ❑ Yes ❑ No
(If Yes, you may be asked to provide a copy of the trust instrument).
(5) Do any of your immediate family members, managers, or employees own, manage, or are associated with
another company? ❑ Yes ❑ No If Yes, provide their name, relationship, company, type of business, and
indicate whether they own or manage the company: (Please attach extra sheets, if neede4):
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 7 of 14
49
Section 3: OWNER INFORMATION, Cont'd.
A. Identify all individuals, firms, or holding companies that hold LESS THAN 51% ownership interest in the
firm (Attach separate sheets for each additional owner)
(1) Full Name:
(4) Home Address (Street and Numbei):
(5) Gender: ❑ Male ❑ Female
(2) Title:
(6) Ethnic group membership (Check all that apply)
❑ Black ❑ Hispanic
❑ Asian Pacific ❑ Native American
❑ Subcontinent Asian
❑ Other (spec)
(7) U.S. Citizenship:
❑ U.S. Citizen
❑ Lawfully Admitted Permanent Resident
(3) Home Phone #:
City: I State: Zip:
(8) Number of years as owner:
(9) Percentage owned:
Class of stock owned:
Date acquired
(10) Initial investment to
Type
Dollar Value
acquire ownership
Cash
$
Interest in firm:
Real Estate
$
Equipment
$
Other
$
Describe how you acquired your business:
❑ Statted business myself
❑ It was a gift from:
❑ I bought it from:
❑ I inherited it from:
❑ Other
documentation
B. Additional Owner Information
(1) Describe familial relationship to other owners and employees:
(2) Does this owner perform a management or supervisory function for any other business? ❑ Yes ❑ No
If Yes, identify: Name of Business: Function/Title:
(3)(a) Does this owner own or work for any other firm(s) that has a relationship with this firm? (e.g., ownership
interest, shared office space, financial investments. equipment, leases, personnel sharing, etc.) ❑ Yes ❑ No
Identify the name of the business, and the nature of the relationship, and the owner's function at the firm:
(b) Does this owner work for any other firm, non-profit organization, or is engaged in any other activity
more than 10 hours per week? If yes, identify this activity:
(4)(a) What is the personal net worth of this disadvantaged owner applying for certification? $
(b)Has any trust been created for the benefit of this disadvantaged owner(s)? ❑ Yes ❑ No
(If Yes, you may be asked to provide a copy of the trust Instrument).
(5) Do any of your immediate family members, managers, or employees own, manage, or are associated
with another company? ❑ Yes ❑ No If Yes, provide their name, relationship, company, type of
business, and indicate whether they own or manage: (Please attach extra sheets, If needed):
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 8 of 14
50
Section 4: CONTROL
A. Identify your firm's Officers and Board of Directors (If additional space is required, attach a separate sheet):
(3) Do any of the persons listed above perform a management or supervisory function for any other business?
❑ Yes ❑ No If Yes, identify for each:
Person: _
Business:
Person: _
Business:
Title: _
Function:
Title: _
Function:
(4) Do any of the persons listed in section A above own or work for any other firm(s) that has a relationship
with this firm? (e.g., otivnership interest, shared office space, financial investments, equipment, leases, personnel shorting, etc.)
❑ Yes ❑ No If Yes, identify for each:
Firm Name:
Nature of Business Relationship:
Person:
B. Duties of Owners, Officers, Directors, Managers, and Key Personnel
1. (Idenlijy yozn• ftrnz's management personnel who conlz•ol your first in the following areas (Attach separate sheets as needed).
A= Always S = Seldom
F = Frequently N = Never
Name Title Date Ethnicity
Appointed Gender
(1) Officers of the Company
(a)
(b)
(c)
d
(2) Board of Directors
(a)
(b)
(c)
(d)
(3) Do any of the persons listed above perform a management or supervisory function for any other business?
❑ Yes ❑ No If Yes, identify for each:
Person: _
Business:
Person: _
Business:
Title: _
Function:
Title: _
Function:
(4) Do any of the persons listed in section A above own or work for any other firm(s) that has a relationship
with this firm? (e.g., otivnership interest, shared office space, financial investments, equipment, leases, personnel shorting, etc.)
❑ Yes ❑ No If Yes, identify for each:
Firm Name:
Nature of Business Relationship:
Person:
B. Duties of Owners, Officers, Directors, Managers, and Key Personnel
1. (Idenlijy yozn• ftrnz's management personnel who conlz•ol your first in the following areas (Attach separate sheets as needed).
A= Always S = Seldom
F = Frequently N = Never
Majority Owner (51% or more)
Name:
Title:
Percent Owned:
Minority Owner (49% or less)
Name:
Title:
Percent Owned:
Sets policy for company direction/scope
of operations
A
❑
F
❑
S
❑
N
❑
A
❑
F
❑
S
❑
N
❑
Bidding and estimating
A
F ❑ I
S ❑
N
❑
A
❑
F ❑
S
❑
N
❑
Major purchasing decisions
A
❑
F ❑
S ❑
N
❑
A
❑
F ❑
S
❑
N
❑
Marketing and sales
A
❑
F ❑
S ❑
N
❑
A
❑
F ❑
S
Ell
N
❑
Supervises field operations
A
❑
F ❑
S ❑
N
❑
A
❑
F ❑
S
Ell
N
❑
Attend bid opening and lettings
A
❑
F ❑
S ❑
N
❑
A
❑
F ❑
S
EJ
N
Perform office management (billing,
receivable/payable, etc.
A❑
F ElS
El
El
ElA
El
ElS
El
El
E] E]accounts
Hires and fires management staff
A
❑ F
❑ I
S ❑
N
❑
A
❑
F ❑
S
❑
N
❑
Hire and fire field staff or crew
A
E:11
F ❑ I
S ❑
N
❑
A
❑
F ❑
S
❑
N
❑
Designates profits spending or investment
A
❑
F ❑ I
S ❑
N
01
A
❑
F ❑ I
S
❑
N
❑
Obligates business by contract/credit
A
F ❑ I
S E]J
N
01
A
F EJJ
S
❑
N
❑
Purchase equipment
E:1F
ED]S
❑
N
❑
A❑
F ❑
S
N
❑
Signs business checks
HA
F IS
=1
N
❑
A
❑
F ❑
S
N
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 9 of 14
2. Complete for all Officers, Directors, Managers, and Key Personnel who control the following functions for
the firm. (Attach separate sheets as needed).
Officer/Director/Manager/Key Personnel OfficedDirector/Manager/ Key Personnel
A= Always S = Seldom Name: Name:
F = Frequently N = Never Title: Title:
Race and Gender: Race and Gender:
Percent Owned:_ _ Percent Owned:
Sets policy for company direction/scope
of operations
A F S N
❑i ❑ ❑
A F S N
❑ ❑ ❑ ❑ ❑
Bidding and estimating
A ❑ F ❑ S ❑ N
❑ A ❑ IF ❑ I S ❑ N ❑
Major purchasing decisions
A ❑I F ❑ S ❑ N
❑ A ❑ IF ❑ S ❑ N ❑
Marketing and sales
A 01 F ❑ S ❑ N
❑ A ❑ IF ❑ S ❑ N ❑
Supervises field operations
A ❑l F ❑ S ❑ N
❑ A ❑ r ❑ S ❑ N ❑
Attend bid opening and lettings
A F ❑ I S ❑ N
❑ A ❑ F ❑ S ❑ N ❑
Perform office management (billing,
accounts receivable/payable, etc.)
A F S N
❑ ❑ ❑
A F S N
❑ ❑ ❑ ❑ ❑
Hires and fires management staff
A F ❑ S ❑ N
❑ A ❑ F ❑ S ❑ N ❑
Hire and fire field staff or crew
_❑�
A F ❑ I S ❑ N
❑ A ❑ F ❑ S ❑ N ❑
Designates profits spending or investment
A ❑ I F ❑ S ❑ N
❑ A ❑IF S ❑ N ❑
Obligates business by contract/credit
A ❑I F ❑ S ❑ N
❑ A El IF ❑ S ❑ I N ❑
Purchase equipment
A❑ 1 F ❑ S0N
❑ ADIF ❑ I S 1 N❑
Signs business checks
A F-11 F ❑ S F-11 N
❑ A ❑1F ❑ 1 S ❑ N ❑
Do any of the persons listed in B I or B2 perform a management or supervisory function for any other business? If Yes,
identify the person, the business, and their title/function:
Do any of the persons listed above own or work for any other firm(s) that has a relationship with this firm? (e.g.,
ownership interest, shared office space, financial investments, equipinent, leases, personnel sharing, etc.) If Yes, describe the nature of
the business relationship:
C. Inventory: Indicate your firm's inventory in the following categories (Please attach additional sheets if needed):
1. Equipment and Vehicles
Make and Model Current Owned or Leased Used as collateral? Where is item stored?
Value by Firm or Owner?
1.
2.
3.
4.
S.
6.
7.
8.
9.
2. Office Space
Street Address Owned or Leased by Firm or Owner?
Current Value of Property or Lease
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 10 of 14
52
3. Storage Space (Provide signed lease agreements for the properties listed)
Street Address
Owned or Leased by Current Value of Property or Lease
Firm or Owner?
D. Does your firm rely on any other firm for management functions or employee payroll? ❑ Yes ❑ No
E. Financial/Banking Information (Provide bank authorization and signature cards)
Name of bank: City and State:
The following individuals are able to sign checks on this account:
Name of bank: City and State:
The following individuals are able to sign checks on this account:
Bonding Information: If you have bonding capacity, identify the firm's bonding aggregate and project limits:
Aggregate limit $ _ Project limit $
F. Identify all sources, amounts, and purposes of money loaned to your firm including from financial
institutions. Identify whether you the owner and any other person or firm loaned money to the applicant
DBE/ACDBE. Include the names of any persons or firms guaranteeing the loan, if other than the listed owner.
(Provide copies of signed loan agreements and security agreements).
Name of Source Address of Source Name of Person Original Current Purpose of Loan
Guaranteeing the Amount Balance
Loan
1.
2.
3.
G. List all contributions or transfers of assets to/from your firm and to/from any of its owners or another
individual over the past two years (Attach additional sheets if needed):
Contribution/Asset Dollar Value From Whom To Whom Relationship Date of
Transferred Transferred Transfer
1.
2.
3.
H. List current licenses/permits held by any owner and/or employee of your firm
(e.g. contractor, engineer, architect, ate.)(Attbch additional sheets if needed):
Name of License/Permit Holder Type of License/Permit Expiration Date State
1.
2.
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 11 of 14
I. List the three largest contracts completed by your firm in the past three years, if any:
Name of Name/Location of Type of Work Performed Dollar Value of
Owner/Contractor Project Contract
2.
3.
I List the three largest active jobs on which your firm is currently working:
Name of Prime Location of Type of Work Project Anticipated Dollar Value
Contractor and Project Project Start Date Completion of Contract
Number Date
1.
2.
3.
AIRPORT CONCESSION (ACDBE) APPLICANTS ONLY MUST COMPLETE THIS SECTION
Identifv the following information concerning the ACDBE applicant firm:
Concession Space
Address / Location at
Airport
Value of Property or
Lease
Fees/Lease Payments
Paid to the Airport
Provide information concerning any other airport concession businesses the applicant firm or any affiliate owns
and/or operates, including name, location, type of concession, and start date of concession
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 12 of 14
8 i AFFIDAVIT OF CERTIFICATION
This form Hurst be signed and nolarized for each owner upon which disadvantaged slal:rs is relied.
!e. r.
A MATERIAL OR FALSE STATEMENT OR OMISSION MADE IN CONNECTION WITH THIS APPLICATION IS
SUFFICIENT CAUSE FOR DENIAL OF CERTIFICATION, REVOCATION OF A PRIOR APPROVAL, INITIATION
OF SUSPENSION OR DEBARMENT PROCEEDINGS, AND MAY SUBJECT THE PERSON AND/OR ENTITY
MAKING THE FALSE STATEMENT TO ANY AND ALL CIVIL AND CRIMINAL PENALTIES AVAILABLE
PURSUANT TO APPLICABLE FEDERAL AND STATE LAW.
I (full name printed),
swear or affirm under penalty of law that I am
(title) of the applicant firm
and that I
have read and understood all of the questions in this
application and that all of the foregoing information and
statements submitted in this application and its attachments
and supporting documents are true and correct to the best of
my knowledge, and that all responses to the questions are full
and complete, omitting no material information. The responses
include all material information necessary to fully and
accurately identify and explain the operations, capabilities and
pertinent history of the named firm as well as the ownership,
control, and affiliations thereof.
I recognize that the information submitted in this application is
for the purpose of inducing certification approval by a
government agency. I understand that a government agency
may, by means it deems appropriate, determine the accuracy
and truth of the statements in the application, and I authorize
such agency to contact any entity named in the application, and
the named firm's bonding companies, banking institutions,
credit agencies, contractors, clients, and other certifying
agencies for the purpose of verifying the information supplied
and determining the named firm's eligibility.
I agree to submit to government audit, examination and review
of books, records, documents and files, in whatever form they
exist, of the named firm and its affiliates, inspection of its
places(s) of business and equipment, and to permit interviews
of its principals, agents, and employees. I understand that
refusal to permit such inquiries sliall be grounds for denial of
certification.
If awarded a contract, subcontract, concession lease or
sublease, I agree to promptly and directly provide the prime
contractor, if any, and the Department, recipient agency, or
federal funding agency on an ongoing basis, current, complete
and accurate information regarding (l) work performed on the
project; (2) payments; and (3) proposed changes, if any, to the
foregoing arrangements.
I agree to provide written notice to the recipient agency or
Unified Certification Program of any material change in the
information contained in the original application within 30
calendar days of such change (e.g., ownership changes,
address/telephone number, personal net worth exceeding $1.32
million, etc.).
I acknowledge and agree that any misrepresentations in this
application or in records pertaining to a contract or subcontract
will be grounds for terminating any contract or subcontract
which may be awarded; denial or revocation of certification;
suspension and debarment; and for initiating action under
federal and/or state law concerning false statement, fraud or
other applicable offenses.
I certify that I am a socially and economically disadvantaged
individual who is an owner of the above -referenced firm seeking
certification as a Disadvantaged Business Enterprise or Airport
Concession Disadvantaged Business Enterprise. In support of my
application, I certify that I am a member of one or more of the
following groups, and that I have held myself out as a member of
the group(s): (Check all that apply):
❑ Female ❑ Black American ❑ Hispanic American
❑ Native American ❑ Asian -Pacific American
❑ Subcontinent Asian American ❑ Other (specify)
I certify that I am socially disadvantaged because I have been
subjected to racial or ethnic prejudice or cultural bias, or have
suffered the effects of discrimination, because of my identity
as a member of one or more of the groups identified above,
without regard to my individual qualities.
I further certify that my personal net worth does not exceed
$1.32 million, and that I am economically disadvantaged
because my ability to compete in the free enterprise system has
been impaired due to diminished capital and credit
opportunities as compared to others in the same or similar line
of business who are not socially and economically
disadvantaged.
I declare under penalty of perjury that the information
provided in this application and supporting documents is true
and correct.
Signature
(DBE/ACDBE Applicant)
NOTARY CERTIFICATE
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 13 of 14
(Date)
In order to complete your application for DBE or ACDBE certification, you must attach copies of all of the following
REQUIRED documents. A failure to supply any information requested by the UCP may result in your firm denied
DBE/ACDBE certification.
Required Documents for All Applicants
❑ Resumes (that include places of employment with
corresponding dates), for all owners, officers, and key
personnel of the applicant firm
❑ Personal Net Worth Statement for each socially and
economically disadvantaged owners comprising 51 % or more
of the ownership percentage of the applicant firm.
❑ Personal Federal tax returns for the past 3 years, if
applicable, for each disadvantaged owner
❑ Federal tax returns (and requests for extensions) filed by
the firm and its affiliates with related schedules, for the past 3
years.
❑ Documented proof of contributions used to acquire
ownership for each owner (e.g., both sides of cancelled
checks)
❑ Signed loan and security agreements, and bonding forms
❑ List of equipment and/or vehicles owned and leased
including VIN numbers, copy of titles, proof of ownership,
insurance cards for each vehicle.
❑ Title(s), registration certificate(s), and U.S. DOT numbers
for each truck owned or operated by your firm
❑ Licenses, license renewal forms, permits, and liaul
authority forms
❑ Descriptions of all real estate (including office/storage
space, etc.) owned/leased by your firm and documented proof
of ownership/signed leases
❑ Documented proof of any transfers of assets to/from your
firm and/or to/from any of its owners over the past 2 years
❑ DBE/ACDBE and SBA 8(a), SDB, MBE/WBE
certifications, denials, and/or decertifications, if applicable;
and any U.S. DOT appeal decisions on these actions.
❑ Bank authorization and signatory cards
❑ Schedule of salaries (or other remuneration) paid to all
officers, managers, owners, and/or directors of the firm
❑ List of all employees, job titles, and dates of employment.
❑ Proof of warehouse/storage facility ownership or lease
arrangements
Partnership or Joint Venture
❑ Original and any amended Partnership or Joint Venture
Agreements
Corporation or LLC
❑ Official Articles of Incorporation (signed by the state
official)
❑ Both sides of all corporate stock certificates and your
firm's stock transfer ledger
❑ Shareholders' Agreenrent(s)
❑ Minutes of all stockholders and board of directors meetings
❑ Corporate by-laws and any amendments
❑ Corporate bank resolution and bank signature cards
[I Official Certificate of Formation and Operating Agreement
with any amendments (forLLCs)
Optional Documents to Be Provided on Request
The UCP to which you are applying may require the
submission of the following documents. If requested to
provide these document, you nnust supply thein ivith your
application or at the on-site visit.
❑ Proof of citizenship
❑ Insurance agreements for each truck owned or operated by
your firm
1] Audited financial statements (if available)
❑ Personal Federal Tax returns for the past 3 years, if
applicable, for other disadvantaged owners of the firm.
❑ Trust agreements held by any owner claiming
disadvantaged status
❑ Year-end balance sheets and income statements for the
past 3 years (or life of firm, if less than three years)
Suppliers
❑ List of product lines carried and list of distribution
equipment owned and/or leased
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 14 of 14
UNIFORM CERTIFICATION APPLICATION
d
SUPPORTING DOCUMENTS CHECKLIST
In order to complete your application for DBE or ACDBE certification, you must attach copies of all of the following
REQUIRED documents. A failure to supply any information requested by the UCP may result in your firm denied
DBE/ACDBE certification.
Required Documents for All Applicants
❑ Resumes (that include places of employment with
corresponding dates), for all owners, officers, and key
personnel of the applicant firm
❑ Personal Net Worth Statement for each socially and
economically disadvantaged owners comprising 51 % or more
of the ownership percentage of the applicant firm.
❑ Personal Federal tax returns for the past 3 years, if
applicable, for each disadvantaged owner
❑ Federal tax returns (and requests for extensions) filed by
the firm and its affiliates with related schedules, for the past 3
years.
❑ Documented proof of contributions used to acquire
ownership for each owner (e.g., both sides of cancelled
checks)
❑ Signed loan and security agreements, and bonding forms
❑ List of equipment and/or vehicles owned and leased
including VIN numbers, copy of titles, proof of ownership,
insurance cards for each vehicle.
❑ Title(s), registration certificate(s), and U.S. DOT numbers
for each truck owned or operated by your firm
❑ Licenses, license renewal forms, permits, and liaul
authority forms
❑ Descriptions of all real estate (including office/storage
space, etc.) owned/leased by your firm and documented proof
of ownership/signed leases
❑ Documented proof of any transfers of assets to/from your
firm and/or to/from any of its owners over the past 2 years
❑ DBE/ACDBE and SBA 8(a), SDB, MBE/WBE
certifications, denials, and/or decertifications, if applicable;
and any U.S. DOT appeal decisions on these actions.
❑ Bank authorization and signatory cards
❑ Schedule of salaries (or other remuneration) paid to all
officers, managers, owners, and/or directors of the firm
❑ List of all employees, job titles, and dates of employment.
❑ Proof of warehouse/storage facility ownership or lease
arrangements
Partnership or Joint Venture
❑ Original and any amended Partnership or Joint Venture
Agreements
Corporation or LLC
❑ Official Articles of Incorporation (signed by the state
official)
❑ Both sides of all corporate stock certificates and your
firm's stock transfer ledger
❑ Shareholders' Agreenrent(s)
❑ Minutes of all stockholders and board of directors meetings
❑ Corporate by-laws and any amendments
❑ Corporate bank resolution and bank signature cards
[I Official Certificate of Formation and Operating Agreement
with any amendments (forLLCs)
Optional Documents to Be Provided on Request
The UCP to which you are applying may require the
submission of the following documents. If requested to
provide these document, you nnust supply thein ivith your
application or at the on-site visit.
❑ Proof of citizenship
❑ Insurance agreements for each truck owned or operated by
your firm
1] Audited financial statements (if available)
❑ Personal Federal Tax returns for the past 3 years, if
applicable, for other disadvantaged owners of the firm.
❑ Trust agreements held by any owner claiming
disadvantaged status
❑ Year-end balance sheets and income statements for the
past 3 years (or life of firm, if less than three years)
Suppliers
❑ List of product lines carried and list of distribution
equipment owned and/or leased
U.S. DOT Uniform DBE/ACDBE Certification Application • Page 14 of 14
APPENDIX C
TEXAS
MEMORANDUM OF AGREEMENT
for a
DISADVANTAGED BUSINESS ENTERPRISE
(DBE)
UNIFIED CERTIFICATION PROGRAM
U.S. DEPARTMENT OF TRANSPORTATION
PARTNERS
•
Texas Department of Transportation
City of Houston
City of Austin
Corpus Christi Regional Transportation Authority
North Central Texas Regional Certification Agency
South Central Texas Regional Certification Agency
TABLE OF CONTENTS
I. UNIFIED CERTIFICATION PROGRAM..........................................................1
A. Definitions...............................................................................................1
1. TUCP Certifying Partner.................................................................1
2. Recipient...........................................................................1
3. Sub-recipient......................................................................1
4. Grantee...........................................................................................1
B. Organization...........................................................................................2
1. Certifying Partner Withdrawal.........................................................2
2. Potential Partner to Perform DBE/ACDBE certification .................. 3
3. Addition of a New Certifying Partner.......................................3
C. Purpose....................................................................................4
II. TUCP PROGRAM DESCRIPTION.................................................................4
A. Partners' Roles, Responsibilities & Obligations.....................................4
B. DBE/ACDBE Directory & Internet Access.............................................5
Ill. TUCP PROGRAM COSTS AND FUNDING...................................................6
A. Training and Resources........................................................................6
IV. CERTIFICATION PROCEDURES AND PROCESS.......................................6
A. Geographic & Industry Considerations..................................................6
B. Quality Assurance (New Certifications).................................................7
C. Annual Review Process.........................................................................7
D. Decertification Procedures....................................................................7
E. Appeals Process and Procedures.........................................................7
F. Staff Training........................................................................................8
G. Unified DBE/ACDBE Directory .............................................................. 8
V. CHANGES TO THE MOA..............................................................................8
VII. SUMMARY....................................................................................................9
TUCP CERTIFYING PARTNERS' SIGNATURE PAGE.................................9
STATE OF TEXAS
MEMORANDUM OF AGREEMENT
I. UNIFIED CERTIFICATION PROGRAM
This Memorandum of Agreement (MOA) establishes a Disadvantaged Business Enterprise
(DBE)/Airport Concessionaire DBE(ACDBE) Texas Unified Certification Program (TUCP) in
the State of Texas in accordance with Title 49 Parts 23 and 26 of the Code of Federal
Regulations (49 CFR Parts 23 and 26). The TUCP Certifying Partners are the Texas
Department of Transportation, City of Houston, City of Austin, Corpus Christi Regional
Transportation Authority, North Central Texas Regional Certification Agency, and South
Central Texas Regional Certification Agency. Each TUCP Certifying Partner agrees to
commit sufficient resources and expertise to carry out the requirements of 49 CFR Part 26.
A. Definitions
1. TUCP Certifying Partner
The TUCP Certifying Partners are the Texas Department of Transportation (TxDOT),
City of Houston, City of Austin, Corpus Christi Regional Transportation Authority
(CCRTA), North Central Texas Regional Certification Agency (NCTRCA), and South
Central Texas Regional Certification Agency (SCTRCA).
2. Recipient
Any public entity which receives direct USDOT financial assistance.
3. Sub -recipient
Any public entity receiving USDOT financial assistance through another recipient.
4. Grantee
Any public entity that has received USDOT assistance.
1 P a g e TUCP/MOA-Revised 08/2016
B. Organization
The TUCP shall establish an Executive Committee consisting of representatives from
each of the Certifying Partner agencies, who shall be designated by the signatories to
this MOA Agreement. The Executive Committee will also be responsible for resolving
any conflicts regarding certification actions between its members. The Standard
Operating Procedures of the TUCP Section P subparagraph 1- Agency Compliance,
outlines the process for dealing with matters regarding the compliance with
certification requirements. Nothing in this agreement should be construed to
contravene the sovereignty of each participant. The contact for the TUCP is the
Texas Department of Transportation, Civil Rights Division.
A Certifying TOCP Partner may terminate its responsibilities under this Agreement
upon a six month notice to all TUCP Partners. Potential Certifying agencies may
request to perform certifications through a formal submittal of qualifications to the
Executive Committee of the TUCP.
1. The following procedures must be followed by the transitioning agency when
terminating its responsibility:
A. Notify the TUCP Executive Committee at least six months prior to the
termination of certification responsibilities.
B. Provide a written notice to each DBE/ACDBE explaining the agency's
termination of responsibility. Include in this notice the following:
1) A date the change will be effective.
2) The name, physical address, email, telephone number and contact
information of the new Certifying partner to which the DBE/ACDBE is
being transferred.
3) A written assurance that the change of Certifying Partners will have no
effect on the firm's DBE/ACDBE status or certification.
4) A reminder that all future contact regarding certification should be
directed to the new certifying partner.
C. Deliver all certification material including complete files to the new Certifying
Partner on or before the effective termination date.
D. Ensure that the TUCP DB/ACDBE directory is updated to reflect the change of
certifying agencies on or before the effective termination date.
2 1 P a g e TUCP/MOA-Revised 08/2016
2. A potential TUCP Partner may request to perform DBE/ACDBE certifications on
behalf of the TUCP through the following procedures:
A. The agency must submit a formal written request to the TUCP Executive
Committee stating the following:
1) The reason for the request.
2) A description of the agency as well as the functions or duties of the
section or office that will be conducting the certifications.
3) A statement reflecting the capabilities of the agency to perform
certification including available staffing, training and expertise.
4) A statement reflecting the available resources and budget to perform
certification.
5) A description of the counties for which the agency will serve.
B. The TUCP Executive Committee shall review the formal request of the
Potential Certifying Agency and determine whether any additional information
is needed before a decision can be made.
C. The TUCP Executive Committee has the right to require the requesting agency
to be available for interviewing prior to a decision (should it be necessary).
D. The TUCP Executive Committee shall either deny or tentatively approve an
agency's request to perform certifications by a majority decision. As lead
agency, the TxDOT shall break any tied votes.
E. Should the TUCP Executive Committee tentatively approve an agency's
request to perform certification, a request for addition shall be drafted by the
Committee and submitted to US DOT for formal approval.
3. The TUCP Executive Committee shall adhere to the following procedures with the
addition of a new Certifying Partner.
A. Establish an effective start date for the new agency.
B. Provide a written notice to each DBE/ACBDE explaining the addition of a new
Certifying Partner for their area. Include in this notice the following:
1) A date the change will be effective.
2) The name, physical address, email, telephone number and contact
information of the new Certifying member for which the DBE/ACDBE is
being transferred.
3) A written assurance that the change of Certifying Partners will have no
effect on the firm's DBE/ACDBE status or certification.
4) A reminder that all future contact regarding certification should be directed
to the new certifying member.
C. Deliver all certification material including complete files to the new Certifying
Partner on or before the effective start date.
D. Ensure that the TUCP DBE/ACDBE directory is updated to reflect the change
of certifying agencies on or before the effective start date.
31 P a g e TUCP/MOA-Revised 08/2016
C. Purpose
The objectives of the TUCP are as follows:
• To follow the certification procedures and standards and the non-discrimination
requirements of 49 CFR Parts 23 and 26.
• To cooperate fully with all oversight, review and monitoring activities USDOT and
its operating administrations.
• To provide directives and guidance on DBE/ACDBE certification matters.
• To make all certification and decertification decisions on behalf of all TUCP
Partners with respect to participation in the USDOT DBE Program. Certification
decisions by the TUCP shall be binding on all TUCP Certifying Partners.
• To provide a single DBE/ACDBE certification that will be honored by all TUCP
Partners.
• To maintain a unified DBE/ACDBE directory containing at least the following
information for each firm listed: address, phone number and approved NAICS
codes. The TUCP shall make the directory available to the public electronically on
the Internet as well as in print.
• The TUCP Partners will commit adequate resources and expertise to carry out this
agreement. The partners will continue to individually bear the costs of training
staff, certifying firms and sharing DBE/ACDBE files, i.e. postage and copying
costs. Travel to and from meetings will be the responsibility of individual partners.
II. TUCP PROGRAM DESCRIPTION
A. Partners' Roles, Responsibilities & Obligations
All TUCP Partners agree to maintain DBE/ACDBE certification application files,
conduct site visits, make certification decisions and handle appeals and complaints.
The Certifying TUCP Partners agree to utilize the USDOT Uniform Certification
Application and Affidavit.
• All decisions related to eligibility and certification must comply with 49 CFR Parts
23 and 26.
• The TUCP Certifying Partners who are recipients or sub -recipients of federal funds
must have an approved DBE Program. Additionally, each Certifying Partner must
have clearly defined and written processes and procedures related to the
administration of its DBE Program and certification decisions.
41 P a g e TUCP/MOA-Revised 08/2016
• Each TUCP Certifying Partner must adhere to the processes and procedures as
set forth in their Standard Operating Procedures.
• If a TUCP Certifying Partner is no longer able or willing to uphold the procedures
outlined in this MOA and in the TUCP SOP, then that partner shall notify each
partner in writing and submit to TxDOT all certification files within 180 days to
maintain proper certification coordination.
• TUCP certifying partners agree to assist and comply with FHWA, Federal Transit
Administration (FTA), and Federal Aviation Administration (FAA) in conducting
partner reviews outlined in the TUCP SOP.
• Any request received by a TUCP Partner by organizations and entities to become
certifying members of the TUCP will be forwarded to each TUCP Partner for
review. The TUCP Certifying partners will make a recommendation and forward
the request to USDOT for review and a recommendation.
• Any changes or additions to the TUCP Certifying Partners will require an
amendment to this agreement. Parties to this MOA cannot add another member to
the TUCP without the organization signing the MOA. The other TUCP partners
will also need to sign the updated MOA acknowledging the new partner.
B. DBE/ACDBE Directory & Internet Access
The TUCP DBE/ACDBE Directory will be located on the TUCP website. In
accordance with 49 CFR §23.31(b) and §26.31, the DBE/ACDBE Directory will
include the following minimum information for each firm:
• Name, address and telephone number of firm;
• Contact person
• Types of work performed by the firm with appropriate six (6) digit NAICS code and
description.
The TUCP DBE/ACDBE Directory may contain additional information, including but
not limited to the following:
• Geographic Location of the Firm (i.e., county)
• Website Address of the Firm
Fax Number & E -Mail Address of the Firm
61 P a g e TUCP/MOA-Revised 08/2016
• Name of Certifying Partner
Each TUCP Partner by signature of this agreement agrees to submit the above
information.
III. TUCP PROGRAM COST AND FUNDING
The cost of creating and establishing the TUCP website will be the responsibility of TxDOT
and the electronic DBE/ACDBE Directory will be the responsibility of each TUCP Partner.
Each TUCP Partner has agreed to collaboratively respond to information requests or open
records requests for certification lists or copies of the database as appropriate.
A. Training and Resources
The TUCP Partners will conduct ongoing in-service training. The TUCP Partners will
agree to rotate the duties of hosting, planning and conducting training sessions
amongst the TUCP Partners.
IV. CERTIFICATION PROCEDURES AND PROCESS
In addition to the following procedures, the TUCP will follow all certification procedures and
standards of 49 CFR Part 23 and Part 26, and will implement USDOT directives and
guidance concerning DBE/ACDBE certification matters. The SOP has been developed
and will be utilized by all Certifying TUCP Partners. The SOP may be modified as needed
and agreed upon by majority consensus of the Certifying TUCP Partners. If consensus
cannot be reached, the issue will be forwarded to Federal Highway Administration (FHWA)
— Texas Division for further guidance.
The TUCP will utilize the USDOT approved Uniform Certification Application and
other related certification documents to facilitate "one-stop shopping" for applicants.
A. Geographic & Industry Considerations
The TUCP Certifying Partners have agreed to perform the certification process for
DBE/ACDBE program applicants within the State of Texas by geographical location
and by industry. If a DBE applicant/firm is interested in working only on TxDOT
projects, TxDOT agrees to process the application and/or have certification
responsibility for the DBE firm. In these cases, all certifying TUCP partners will
forward the application within three to five business days to TxDOT for processing.
All Certifying Partners will process intrastate airport concessionaire ACDBE
certification applications, based on the firm's geographical location of its principal
place of business.
City of Austin: Geographical: Bastrop, Caldwell, Hays, Travis and Williamson
6 l P a g e TOCP/MOA-Revised 08/2016
City of Houston: Geographical: Counties of Austin, Brazoria, Chambers, Fort Bend,
Galveston, Harris, Liberty, Montgomery, San Jacinto and Waller.
Corpus Christi Regional Transportation Authority: Geographical: Counties of
Aransas, Bee, Goliad, Jim Wells, Karnes, Kleberg, Live Oak, Nueces, Refugio, and
San Patricio.
North Central Texas Regional Certification Agency: Geographical: Counties of
Collin, Dallas, Denton, Ellis, Erath, Hood, Jack, Johnson, Kaufman, Navarro, Palo
Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise.
South Central Texas Regional Certification Agency: Geographical: Counties of
Atascosa, Bandera, Bexar, Coma[, Frio, Guadalupe, Kendall, Kerr, McMullen, Medina,
and Wilson.
Texas Department of Transportation: Geographical: All other remaining counties
in Texas.
B. Quality Assurance (New Certifications)
Uniform documents have been developed for use by the Certifying TUCP Partners so
that consistent information is obtained and used in certification determinations. At a
minimum, there will be annual training of certification staff in order to maintain
consistency in determinations.
C. Annual Review Process
By signature of this agreement, ACDBE and DBE certification updates will be
conducted annually using the TUCP Annual Update "No Change" Affidavit process as
required in the SOP and following the procedures outlined in 49 CFR §26.87.
D. Decertification Procedures
The TUCP Partner agrees to process decertification in compliance to 49 CFR §26.87.
Provisions exist in the TUCP SOP for the Certifying TUCP Partners to accept written
complaints from a third party alleging the ineligibility of a currently certified firm. The
TUCP SOP outlines how those complaints will be handled by the receiving partner.
E. Appeals Process and Procedures
An appeals procedure has been established as part of the TUCP SOP for appeals of
denial of original certification and decertification that provides due process to the
affected firm in accordance with 49 CFR Part 26.
Denials of Original Certifications and Decertification: The DBE/ACDBE applicant
has the opportunity to appeal to USDOT in accordance with 49 CFR §26.89.
71 P a g e TUCP/MOA-Revised 0812016
Firms that are decertified will have due process in accordance with 49 CFR
§26.87.
F. Staff Training
Each TUCP Partner agrees to:
• Participate in annual staff training; including assisting with the development and
coordination of training modules that support the SOP.
• Recruit instructors and determine locations for training workshops.
• Schedule joint training sessions.
• Conduct staff training to assure that all staff are knowledgeable about certification
regulations and procedures as updates and changes are made to the regulations.
G. Unified DBE/ACDBE Directory
By signature of this MOA, the TUCP Partners agree to:
• Develop and complete parameters for the TUCP DBE/ACDBE Directory.
• Compare TUCP Certifying Partner's databases.
• Remove duplicate DBE/ACDBE firms.
• Develop common databases, however, nothing in this agreement excludes the
certifying partners from creating and maintaining separate databases for other
programmatic needs.
• Develop procedures for electronic submission of DBE/ACDBE firms for inclusion in
the TUCP Directory.
• Develop and issue press releases on public access to the online TUCP
DBE/ACDBE Directory (information will be maintained on TXDOT Website),
V. CHANGES TO THE MOA
This MOA can be amended by approval of the majority of the TUCP Partners. Changes to
this MOA shall require a majority agreement by the TUCP Certifying Partners. In cases
where there is not a majority agreement, the issue will be forwarded to USDOT for
resolution and the partners agree to execute the decision of USDOT by signature of this
MOA.
S P a g e TUCP/MOA-Revised 08/2016
lli.I$
As a rmM of the requTremeale set forth In 48 CFR Parts 29 and 20, vve the undereipned,
agree to participate In the TUCP In acoordance vM Ore poviskms of this MOA and agree
to abide by ke contents.
EXECUTED AND DELIVERED by and bebmw the TUCP Partners as of the effective date
of Oft MOA.
9"Hmstan
Name Cadecle 0. Wright �„�-- mr
stgnat we g•Z�-?t
signature
Director
south Cental Tam RWWW Cam adon AMM Deb 08/25/2016
Name Julio C. Fuentes TM Executive Director
Name . A4 i Gm*(E A SoLYR*n—
DtRkctuz,
c,vt c-?AeAt([3 Dl %A 51 o n1
111 1 P a d e IMOA06 aaWnd 00/2016