city of greensboro meeting agenda city council work session

City of GreensboroMeeting Agenda

City Council Work Session

Thursday, September 30, 2021, 2:00 p.m.Katie Dorsett Council Chamber

300 West Washington Street, Greensboro, NC 27401

THIS AGENDA IS BEING REPOSTED TO INCLUDE A POWERPOINT PRESENTATION AND TO REORDERTHE AGENDA ITEMS. NOTICE THIS MEETING WILL BE HELD VIRTUALLY.Notice is hereby given that all Regular or Special Meetings and/or Work Sessions for the Greensboro City Council will beconducted as Virtual meetings until further notice.Meetings are available to the public for viewing through the City website https://www.greensboro-nc.gov/government/city-council/council-meetings. Any individual with a disability who needs additional information or assistance, please contact Gary Canapinno, ADACoordinator, 336-373-2723 or [email protected].

Pages

A. Call To Order

B. Presentations

B.1. 2021-313 American Rescue Plan (ARP) Update 2

B.2. 2021-204 Minority and Women Business Enterprise (M/WBE) Update 3

C. Adjournment

https://www.greensboro-nc.gov/government/city-council/council-meetings

https://www.greensboro-nc.gov/government/city-council/council-meetings

mailto:[email protected]

2021-313 American Rescue Plan (ARP) – Final Presentation

City of Greensboro Melvin Municipal Office Building

300 W. Washington Street

Greensboro, NC 27401

Work Session Presentation

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2021-204 Minority and Women Business Enterprise (M/WBE) Update

City of Greensboro Melvin Municipal Office Building

300 W. Washington Street

Greensboro, NC 27401

Work Session Presentation

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City of Greensboro M/WBE Program

Update

September 30, 2021

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M/WBE Program Overview

Disparity Study - determines whether a government entity, either in the past or currently, engages in exclusionary practices in the solicitation and award of contracts to minority, and women‐owned, and/or disadvantaged business enterprises. The city’s next disparity study will occur in 2022.

Certified MBE or WBE – 51% owned by a minority or non-minority women.

Minority Group Member – the MBE firm must fall within one of the ethnicity groups under the plan.

African Americans, Hispanic Americans, Native Americans, Asian Americans

Significant Business Presence - must be headquartered or have an established place of business in one or more of the counties in the Greensboro Relevant Market.

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M/WBE Program Plan Overview

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Narrowly Tailored Program - Race and gender neutral and race and gender conscious remedial

policy.

Race Conscious - when the race and gender of a business owner is taken into consideration

Race Neutral - when the race and gender of a business owner is not taken into consideration

Program Elements - various tools and/or incentives that are used to encourage greater Prime and

Subcontract participation by M/WBE firms in informal and formal solicitations for city contracts.

Best Value Evaluation Preference

Joint Venture Incentives

Vendor Rotation

De-Bundling

Contract by Contract Goals

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Goal Setting Committee - appointed by the City Manager and chaired by a designee from the

M/WBE Office. Members include a representative from:

Coliseum

Engineering & Inspections Department

Financial & Administrative Department

Parks and Recreation Department

Transportation Department

Water Resources Department

Originating Department

Two ex-officio members from the M/WBE Advisory Committee

**Review projects that state law requires goals to be set and/or projects that are good candidates for goals

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NC General Statue 143-128.2. - Minority business participation goals are requiredfor building construction or repair projects over $100,000.00. The statute does not define the term “building.” Local governments must decide on a case-by-case basis whether a particular project is subject to the statute.

Weighted Contract- Specific Subcontracting Goals

The GSC may, on a contract-by-contract basis, at its discretion, require that a predetermined

percentage of a specific Construction contract, up to 40%, be subcontracted to eligible M/WBEs.

Setting Goals

Originating Department submits a Goal Setting Request

Provide the project specifications

A copy of the Goal Setting Spreadsheet with the project work trades and estimated costs for the project.

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Goal Setting Process

Setting Goals

Originating Department submits a Goal Setting Request

Provide the project specifications

Submit a copy of the Goal Setting Spreadsheet with the project work trades and estimated costs for the project.

Project assigned to a M/WBE Team member

M/WBE Team reviews the project

Project goes before the Goal Setting Committee

Project discussed

Bifurcated vs Non-Bifurcated Bidding Procedure

Committee votes on the project goals and bidding procedure

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Combined M/WBE Goals

City Council requested for Goal Setting Committee (GSC) to establish guidelines that definitively outline when a combined M/WBE goal should be considered.

The GSC unanimously voted to accept the following as a definitive reason to consider a combined M/WBE goal:

A combined M/WBE goal may be established when there are 2 or fewer opportunities identified by the GSC or when the MBE and WBE goals added together total less than 5%.

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After a motion and a second, the GSC unanimously voted that the MBE goal of 0.80% and the WBE goal of 1.00% be combined at 1.80% as a non-bifurcated process.

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Good Faith Efforts

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Easiest way to achieve Good Faith Efforts is to meet the Goals

Example:

Established Goals

Contract 2020-007A - Camp Burton Water Line

MBE 15.00% WBE 24.00%

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Certified M/WBE Firms

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Firms must be certified as an MBE or WBE at the time of bid opening by one of the following:

• NC Department of Administration Office of Historically Underutilized Businesses (NC DOA)

• NC Department of Transportation (NC DOT)

Bidders are responsible for ensuring that firms are certified at the time of bid opening

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Bid Day

On bid day a firm submits two separate envelopes

• One envelope should be labeled “Good Faith Efforts” to include all

Affidavits and supporting documentation

• One envelope should be labeled “Technical Bid Cost Proposal”

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Two Ways To Show Good Faith Efforts

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Meet the GoalsDemonstrate

that you tried to meet the goal

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What does “Good Faith Efforts” mean?

Actions taken by bidders to show that they actively and aggressively sought to achieve

the applicable M/WBE project goal(s)

Good Faith Efforts must be demonstrated

• Submit appropriate M/WBE Affidavits and supporting documentation on bid day.

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Planning to Meet Goal(s)

Identify all the scopes of work that a firm intends to offer as subcontracting

opportunities

Determine if the scopes of work to be performed by M/WBEs are sufficient to

meet the MBE and WBE goals

• A Prime Contractor should offer enough trades to meet the goal

All identified opportunities are listed on Affidavit F

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What To Submit If You Achieve M/WBE Goals

Affidavit C – Subcontractor Utilization Commitment

Affidavit F - Statement of Subcontract Opportunities Offered

• Contractors are encouraged but not required to submit all Good Faith

Efforts affidavits and supporting documentation

• If for some reason the utilization percentage is reduced, no additional

time will be given to submit Good Faith Efforts documentation

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Affidavit F

This should only list the trades/scopes of work

available to eligible M/WBE firms

Contractors must offer enough opportunities to

meet both the MBE & WBE goals

Affidavit F helps to determine the award of

points for the “Breaking Down the Work” GFE

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Affidavit C

M/WBE firms listed on Affidavit C are expected to work on the project.

Dollar values should NOT be listed on this form

The utilization percentage is based on the total contract value

Include non-M/WBE subcontractors as well

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What To Submit If You Do Not Meet Goals

Affidavit A - Listing of Good Faith Efforts – Subcontracting & Supply

Affidavit B - Certification of Good Faith Efforts

Affidavit C - Subcontractor Utilization Commitment

Affidavit F - Statement of Subcontract Opportunities Offered

Supporting documentation

Documentation to support your position that you tried to meet the goals

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Affidavit A

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You can create your own

spreadsheet IF it follows the

same format as Affidavit A

Affidavit A helps to determine

the award of points for the

“Contacts” GFE

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Affidavit B

Place an “X” in the first column for each item you are claiming credit

An assessment of your efforts will be made with a focus on the effectiveness of the steps taken

Bidders must earn a minimum of 50 points from the list to be considered responsive

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The bidder that is deemed the lowest,

responsive, responsible bidder shall submit

a completed Affidavit D from each M/WBE

firm proposed for use on the contract

(Affidavit C) within three (3) days of being

so notified.

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Affidavit D

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Appeal Process

If upon the Good Faith Efforts Review it is found that the bidder did not make a Good

Faith Effort the following procedure is followed:

Bidder is notified of non-responsive/rejected bid

Bidder has 5 business days from the date of notification to respond with specific

reasons and supporting documentation for why the bidder believes the Good Faith

Effort decision was in error

Appeal hearing is scheduled with the City Managers Office (CMO)

CMO makes a final determination to uphold or overturn the M/WBE Office GFE

Review

This process is same for all bidders deemed non-responsive

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M/WBE Office Updates

M/WBE Database

Disparity Study RFP

Increased M/WBE participation for Goods Category = $738,615.78

Contract 2019-018 Bernard Street and Primrose Avenue Water and Sewer Improvements - $115,595.68

**Utilization Amount Per the Program Plan = $69,357.41

Contract 2019-006A Reedy Fork Creek Water Line Extension - $623,020.10

**Utilization Amount Per the Program Plan = $373,812.06

M/WBE spending for Goods category in 2019 and 2020 was $1,200 and $136,328, respectively

New Advisory Committee

MED Week – November 8-10

Newsletter, Facebook and Twitter

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QUESTIONS?

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city of greensboro meeting agenda city council work session

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