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HomeMy WebLinkAbout1622 OrdinanceJanuary 23 , 19 74 (as revised) ORDINANCE NO. 1624" AN ORDINANCE SETTING FORTH THE PROCEDURE; WHEREBY THE CITY OF PASCO MAY PAY ADDITIONAL FUNDS ON THE EAST PASCO NEIGHBORHOOD FACILITY CONTRACT TO THE EXTENT THAT CONTRACTORS AND/OR RESIDENTS OF CITY COUNCIL DISTRICT 'NO. 1 ARE UTILIZED IN ITS CONSTRUCTION. WHEREAS, The East Pasco Neighborhood Facility project is being 75% finan- cially supported by the Federal Government to provide a facility for the benefit of disadvantaged and minority people primarily residing in Pasco City Council Dis - trict Number One; and WHEREAS, The Facility can best serve these residents if they participate in the planning, construction and operation of the facility; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. This ordinance is intended to provide procedures where- by the City of Pasco may pay additional funds on the East Pasco Neighborhood Facility Construction Contract (s) in proportion to the number of minority contractors and resi- dents of the area who participate in the construction thereof. Section 2. DEFINITIONS. For the purpose of this ordinance the following terms and words shall be defined as follows: Section 2 .1 "Area Resident": A minority person whose bona fide residence is and for at least 6 months prior to opening bids on the project has been within the Designated Area. Section 2.2 "Area Supervisor": A minority person whose bona fide residence is and for at least 6 months prior to opening bids on the project has been within the Designated Area and is retained by the General Contractor or the Joint Ven- ture Contractor to supervise a substantial component of work. Section 2 .3 "Designated Area": That portion of the City comprising City Council District No. 1. Section 2 .4 "joint Venture": An arrangement whereby a contractor enters into an agreement with a Minority Area Contractor to share in the responsibility for the satisfactory completion of the work (not necessarily including sharing of Ordinance No. -2- financial responsibilities) and to share in the profits from the contract for which the agreement is made. The Minority Area Contractor shall have not less than 30 percent of the responsibility for completion of the work and re- ceive not less than 30 percent of the profits from the contract in order for the arrangement to be recognized as a Joint Venture for the purposes of this Ordinance. Section 2 .5 "Minority Area General Contractor": A contracting business recognized by the State of Washington which all or part is owned by Minority Area Residents or, in the case of an incorporated business, all or part of the stock is held by Minority Area Residents, and which is based in or substantially does business in the Designated Area. A General Contractor is responsible for insuring the performance of the contract, the payment of all obligations pertaining to the work, and the fulfillment of such other conditions as may be required . Section 2.6 "Minority Area Sub -contractor": A contracting business recog- nized by the State of Washington which is controlled by Minority Area Resi- dents and which is based in or substantially does business in the Designated Area. A Sub -contractor is responsible to a General Contractor for completion of specific items of work but does not deal directly with the City. Section 2 .7 "Minority Person": A person who is an American Negro, or of Mexican American origin, or an American Oriental, or an American Indian, or an American Eskimo, or an American Aleut. Section 3. CONTRACTS. All contracts for the East Pasco Neighborhood Facility construction which are funded by a Housing and :Urban Development grant shall provide that the successful General Contractor will be paid additional funds over and above his basic bid according to a schedule as provided in Section 5 of this ordinance. Contracts shall be awarded to the lowest responsible bidder as set forth in the Laws of the State of Washington but actual payments to the General Contractor shall be in- creased by the amount of an additive as provided herein. Ordinance No. -3- Section 3- Section 4. MAXIMUM AVAILABLE FUNDS FOR CONTRACT. The budget for this project which has been approved by the Department of Housing and Urban De- velopment provides for a total project development cost, including land and present building, of $463 , 935. Of this $300, 000 including State Sales Tax is available for payment to the Contractor (s) for the construction contract (s) for remodeling the exist- ing building and the new addition. Payment to the Contractor (s) including additives provided herein shall not exceed this maximum contract amount. Section 5. SCHEDULE OF ADDITIVES: A) Category 1 -- Control of Contract - Maximum 2% An additive based on the ratio of minority area resident ownership of the General Contractor or joint Venture Contractors to the total ownership of the General Contractor or joint Venture Contractors participating in the work included in t he Contract. Maximum amount - 2%. B) Category 2 -- Sub -Contractors and Supervisors - Maximum 20, An additive based on the number of minority area sub -contractors participating in the work included in the contract. To be classified as a sub -contractor the work performed by the sub -contractor must be in separate units of work in the amount of at least $5,000 each. For each such sub -contractor an additive of 1/2 of 1% shall be included in the contract. In addition for each area super- visor directly participating in the work full time through at least 1/2 of the length of the contract an additive of 1/2 of 1% shall be paid. In no event shall more than 2% be paid for any such sub -contractors and/or area super- visors in the project. C) Category 3 -- Employees and/or Trainees - Maximum 20/, An additive based on the proportion of area resident employees and/or trainees participating in the total work in relation to the total work force as reported on payroll affidavits. Maximum amount - 2%. Section 6. VERIFICATION . In order for the contractor (s) to be eligible to receive the additive payments authorized herein, he shall furnish such affidavits and/or other records for review by the City and the Department of Housing and Urban Development . Ordinance No. 1622 -4- in such form to be available for audit. Each bidder shall include with his bid a statement indicating the percentage in each category of additives which he expects to receive for the contract, but in no event shall this exceed 6% in total. Section 7. EFFECTIVE DATE. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED this 5 day of February 1974 Donald D. Linton, Mayor Approved as to form: &. - / .0,01. �. . Y / -.1 0 A& 39149MM OEIG.0- D . Wayne ampbell , Ci ttorney Publication Date: �— — -74 .5-%6-"75 CZ? -