HomeMy WebLinkAboutResolution 00-007 N.C.S. 01/03/2000 ~Zesolution No. 00-07 I~T.C.S.
2 of the City of Petaluma, California
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5 ADOPT THE DISADVANTAGED
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7 BUSINESS ENTERPRISE PROGRAM
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9 FOR 2000
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12 WHEREAS, the City Council has discussed the proposed Disadvantaged Business
13 Enterprise (DBE) Program;
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15 NOW, THEREFORE, BE IT RESOLVED, by the City Council that the proposed
16 Disadvantaged Business Enterprise, as described in Exhibit "A" is hereby adopted; and,
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18 BE IT FiTRTHER RESOLVED, that the City Clerk is directed to publish a notice
19 regarding the DBE Policy in both minority and majority media.
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25 S/ME/DBE 12-20-99 Agenda/sb
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) ld:~8d) meeting °
on the .3r-d day of ..........daxluar.~r:,..2AD.0---.:...-........., xis........, by the
following vote:
C:~ty Attorney
AYES: Healy, Keller, Cader-Thompson, Hamilton, Maguire, Vice Mayor Torliatt, Mayor Thompson
NnES: None
ABSENT: None ~
ATTEST: - .V ..:......K.......
City Clerk ~ a °
Cbuacil Ffl .
b o~-0.7-...._.......:..
CA IU-R5 Rrs. Nn . N.C.S.
Program Description
for
Local. Agencies
DLSADVANTAGBp: BUSINESS ENTERPRISES (DBE) PROGRAM
DISAI)VAI~TAGEI) BUSIITESS ENTERPRISE (DBE)
PROGRAM
CITY' ®F PETALZJIVIA
2000
I. Policy. Statement
It is the policy, ~of the 'City of Petaluma. to utilize Disadvantaged Business:
Enterprises (DBE) .and firms as defined in U.S. Department. of Transportatom
(DOT) Title 49 CFR .Part 7,3 in all aspects of contracting: to the maximum extent-
- feasible.. This policywhich i"s fully described .herein constitutes' policy and
commitment to substantially increase DBE utilization in all program. activities
funded wholly or' in part by any U.S. Department of Transportation model
element. ~ '
This Agency, .its contractors and subcontractors; which' are the, recipients of
Federal-aide. funds agree to ensure DBE' .firms have the maximum ,opportunity to
participate ,in `the: performance of contracts and subcontracts. In this regard, this-
Agency and. all of its contractors ;and subcontractors will take- all reasonable steps -
in accordance'with DOT` Title 49 CFR Part 23 to ensure that DBE and firms have
. the maximum opportunity tq compete for and perform contracts.
Thomas S. Hargis; Director. of Engineering: '
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II. `Disadvantaged Business Enterprise (DBE),Liaison Officer
`Mr. Thomas S, Hargis, Director .of Engineering,. is the DBE Liaison.. Officer for
thin ,agency and shall report to the City- Council: He wily be assigned such staff as
is necessary" to .fully implement the provision of DOT Title 49 CFR Part 23. and
such o"ther DBE programs as may be required: The reporting structure and duties.
of support staff are shown on Attachment "A-~l'".
III: Duties of the DBE'Tiaison Officer -
The pBE Liaison Officer shall .develop,: manage, and 'implement the DBE program
on ~a day-to-day basis. The Liaison OfHcer~, hall`',
® D..evelop and carry out technical assistance programs for, DBE's:.
Arrange solicitations,, time ;for the presentation of bids, quantities,.
. ~ specifications .and delivery .schedules so as to„facilitate the participation. of
DBE's. Where such :changes. are found necessary to 'increase DBE•
utilization, they will- be made in consultation and cooperation with the
functional unit ,involved.
® Provide :guidance to 'IDBEa' iri. overcoming barriers; such as inability- to
obtain bonding or:financing
Garry- out ~inforrnation. and communication. programs. on contracting-
. opportunities in. a, timely manner:, Programs shall be bilingual where
appropriate:
Investigate the services - offered 'by 'banks.- owned. and controlled by .
Disadvantaged Business Enterprises. .
Unless noted elsewhere herein; :the. listing of `DBE's certified by. 'CaltranS
will be utilized. Said listing is to be made :available to all project_bdders;
Such listing will include the following ,information: name,.address,
`telephone number, ethnic and/or sexual` .ownership and type of work
;performed by firm.
® Prior to approval of the substitution of any DBE subcontractor, the prime
contractors will be required to prgve performance of good faith efforts to
:replace the DBE with another eligible DBE:
® .Establish.. a DBE overall annual goal. 'The goal shall be evaluated. annually
and adjusted as necessary.
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® Establish. an appropriate individual project: DBE' goal' for each. Federal .Aid
Project ;advertised: _
® Perform good faith:analysis when the,project goal;is not aclueve`d.
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1Vlaintain such documentation as _is necessary to verify performance of all
. activities .,included in this program. Attachment "A-1" lists .supporting
-staffs duties.
IV. Public Notification .
1.' At the time of submittal of thi's program to -the U. S. Department. bf
Transportation :and ;Federal Aviation. Administration, anotice in both
minority .and majority local media will be, published. ~ Said publication
shaall include:
Theannual overall pBE ,goal. '
Notification that'. a description of how the goal. was' set is available.
for publicinspection for a period of 30 days;
® Notification that both. ZJ. S~. Department of Transportation and
Federal' Aviation Administration _and this agency will accept
comments of the goal. for 45 days from the date of :the°notice. The
notice: shall advise interested parties that comrrients are for
information purposes only..
2. This .program will.-be reaffirmed by, °public notice annually at the time of
publication ;of' overall goal. If' substantial changes are made to this
document, the. entire .document shall be ubject to notification noted in (1)
above.
3. In addition to the :foregoing,. interested: disadvantages and majority
contractor organizations willreceive directs mailings of this complete
program.
V. :Establishment of Goal.
1 'The DBE goal will be .established'.both :annually (overall) and on a. per
~ contract basis: The overall :goal will be, based. on„ plarined..contract activity
for the coming year. The overall: goal established will be subject to
3.
. ~ methodology-and procedures established."in DOT Title 49 CFR Part 23;
Subparts' (C) and~(D) and take.effect on October 1 of each year. .
2: The overall ..DBE' goal established -with; this program is 10% and covers '
.the period January 1, 20.00 o December 31, 2000.
3. Individual project goals. will. be established. based on the following criteria:
® Attairunent of established overall goals:
® Size of project. - •
® Opportunities _for DBE's as subcontractors; vendors and suppliers:
® Minority population of geographic `area in which. work is to be
performed. -
DBE goals being utilized `in the geographic area by other State,
Federal. or local jurisdiction. .
• ® Availability of certified DBE's: .
® ..Past experience om projects similar `to the ;project being. evaluated.
® Such other factors as_ may effect .the utilization. '
Complete evaluation documentation will be retained for- each. project.. .
4 Projects, which do not contain a specific goal, will. contain the following'
provisions:
a. "Policy - It is the policy of the `Department of'Transportation that
disadvantaged business .enterprises as defined -in DOT 49 Title 40
CFR Part 23 shall have the maximum .opportunity- to participate. in
.the performance :of contracts financed in whole or in part with.
. Federal. 'funds under :this: agreement: Consequently, 'the DBE
requirements of DOT Title 49 CFR .Part 23 ~ apply to this
agreement."'
b. DBE Obligation -The recipient or its contractor agrees to ensure
that disadvantaged business enterprises as defined in DOT Title 49
GFR Part 23` have the maximum .opportunity to participate in the
performance of contracts andsubcontracts :financed in whole or'in
part with the Federal funds prodded under this agreement. In this
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regard; alI recipients or contractors, ;shall take .all, necessary and
reasonable steps iri accordance with;DQT Title 49 CFR Part" 23 to \
ensure that disadvantaged business enterprises have the, maximum
opportunity to compete fore and. perform. contracts. Recipients. and
their contractors shall, not discriminate • on he basis of race, color;
national origin, or sex'. in the award and ;performance of DOT-
assisted contracts."
VL Contract Procedure
This- program. shall be implemented through the. utilization of a ,contract ;special.. -
provision that -will be. ;providedlupdated as`~ necessary by . Caltrans' Division of
Local Streets and Roads. These procedures require bidders to submit 'the names
of IDBE~ subcontractors and suppliers a description of-the. work each is to: perform
or material to be furnished; sand the dollar value of each DBE.subactivity:
VII. DBE- Notification
Projects will .be advertised `in `local.. "newspapers and minority 'focus. newsp"apers.
when possible:, These. dads will include. reference- to -DBE requirements and will.
indicate: the DBE project-;goal.
DBE' supportive: service assistance centers- will reeeive~ notification of projects
scheduled to be advertised, Such. centers will be afforded the opportunity to
receive complmentarg plans and specifications for'projects.' within their'
geographical area: of responsibility.
- VII; Selection Criteria for Projects with DBE Goal.
.Every project. containing a DBE goal ~ shall be evaluated by the .DBE Liaison
Officer or his/her :designee to ascertain bidding contractors' efforts to attain the
DBE'-goal. The award of any project must be.concurred with by the DBE Liaison
Officer or :his/her designee before ..said contract may be awarded: Should there be
disagreement `between functional units concerning contractors' efforts to attain
contract goals for DBE participation, the mattershall be referred to the City
. Council or tus/her designee; for final determination.
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Competitors that fail `to .meet the DBE ,goal' ,:and': fail to demonstrate sufficient-
reasonable good:. faith efforts shall' be declared non=responsive and ineligible °for '
award of the contract..
All contracts that. contain a DBE goal; .pursuant ~~to this policy, will be monitored.
on an ongoing, b"asis by project personnel' during tke course; of construction. The
DBE Liaison Officer is to be immediately advised of'any.crcumstances wherein
.contractor compliance 'with the DBE provision pis questionable: -The contractor
shall subrrut a final report,for each project, which includes total payments to the
prime contractor as well as-.any payments the ;prime contractor. has made to DBE
subcontractors, vendors and suppliers. If'the report indicates: the. prime contractor
has not .achieved the project; goal, project personnel shall ;attach an .evaluation,. in
narati~e form, .of the reasons :for failure to 'attain fhe goal. and any corrective
action that was taken..
Prime contractors will be~:required to. notify the Agency of`any situation in which
regularly- scheduled progress :payments are not: ;made to .DBE subcontractors;
vendors or suppliers.
IX. Counting. DBE' P.'arfcipants
This agency, its contractors, and subcontractors; sha1T count DBE participation in
- accordance with the provisions of DOT' Title 49 Part 23; of the Code of Federal
Regulations.
X. Records andRe~orts
1. The DBE Liaison Officer shall maintain ,such records, and. p"rovide such
reports, gas are necessary to ensure full, compliance with this policy. Such
records and reports shall include, as' a minimum, the following
infoi~ination:
Awards to DBE's.
Awards to rriajority contractors.
® Final project reports concerning DBE utilization.
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® Such otlier data. as is: needed to fully.evaluate compliance with this
program.
2: The DBE Liaison, Officer shall submit: reports to Caltrans and/or to the ,
appropriate DOT' element as required. These reports will includes
® Number and dollar value. of contracts awarded.
® Number and dollar value of contract and .subcontractors awarded.. to
.DBE's.
® Description of general categories of contracts awarded to DBE's.
® The percentage of the dollar value of;all contracts' awarded during-
the year that were awarded to DBE::
® :Indication as o the extent of which 'the' percentage met or exceeded
. the overall..goal. ~ ~ .
® Reports shall'be broken down eparately by ethnic grouping,
XI. ' Complaints
Any complaints ieceived by the Agency. concerning this program: will be
investigated by ;the DBE •Liaison Offcer., He/she, wih endeavor to resolve said
complaints within 9.0' days of 'receipt' 'by the DBE Liaison Offleer: The
appropriate DOT element and Caltrans will be furnished a copy of'the complaint
and ;may be ,:invited tq participates `'in the investigation/resolution: 'The DOT
element. and Caltrans'will recei've~ a complete investigative report on the complaint
and ;may be requested to concur in the proposed disposition,of said complaint.
Contractors will be directed to ngtify °the Agency of any complaints they
. may receive concerning this program.
S/ME/DBE 12-20-99 Agenda/sb
12/20/99
ATTAC~IVIEIVT "~-1" -
THE REPORTING STRUCTURE. AND
DUTIES OF .SUPPORTING STAFF
• The supporting'staff shall report `to :the DBE Liaison Officer and -shall perform the following
duties:
® Assist the Liaison "Officer in determining, if the 'DBE: goah is met or if the apparent
successful bidder has;demonstrated: good faith. efforts to meet the DBE goal:
® Monitor the. DBE utilization during "the length of'the project.
® Interview the contractor's employees- on then job site, collect pay stubs and, periodically
cheek payroll records to make sure that the contractor .complies with the general
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prevailing°.rate of wages. ~ -
s/ME/DBE 12-20=99 Agenda/sb
12%20[99 •
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' ~~~Il ~6Dl9:
CITY DBE PROGRAM.
LIST'OF REQUIRED DBE INFORMATiON'(1/1/2000)
This project has a :goal of utilizing: 10 percent. ~ di"sadvantage business enterprise (DBE) _
panc~ipation. T_he contract specifications and the City's- D$E program require. that the ;contract
' be awarded to: the lowest responsible bidder whose -proposal complies with;all' bid requirements
prescribed and who. has met the goal for, DBE ;participation or has demonstrated, ,to the
satisfaction of the City, a reasonably good faith effort to ado so. Meeting. the goal for DBE
participation. or demonstrating good faith effort- s to -do so is a, condition for being. eligible for
award of the contract.
The inforrriation .necessary' to :establish the. bidder's good :faith .efforts to meet the DBE goal.
. should. include:
1. The names and dates of advertisement of each :newspaper; trade paper; -and minority
:focus ,paper in' which a request, for DBE participation foc ,this project was placed.'by the
bidder:
2. The names and- dates of notices of all certified DBEs solicited by direct mail' for this
project and. the date's and methods used' for following up initial solicitations to determine.
with certainty whether the. DBEswere interested:
3. The° items °gf~work, for which the bidder, requested subbids or materials. to be supplied by
' DBEs; the information furnished, interested DBEs in~ the: way of plans, specifications and
requirements for ,the ~ work, and any break down ,of'items .of work, into economically
feasible units to facilitate; DBE participation.. Where 'there. are DBEs available for .doing.
.portions;of the work normally performed by the bidder with.'his own forces, the bidder
will be expected to make portions; of such work available for DBEs to bid on.
4. The 'names of DBEs: who; submitted. bids for any of the work indicated in No. 3 above
- which were. ,not accepted, :a summary of the bidder's;.discussions, ~and%or..negotations with.
them; the name of the subcontractor or supplier that:was selected for that portion of~work, .
:and the reasons for the bidder's choice.. If the reason for "rejecting.:'a DBE:b'id'. was: price;
:give the price bid `by the rejected DBE and the .price bid :by the selected subcontractor or
supplier.
5: Assistance that the bidder has extended to'DBEs identified in No. 4 above to remedy the
deficiency in their subbids.
6. Any additional. date to support a .demonstration of good faith effort, such as contacts with.
DBE :assistance agencies:
S/ME/DBE 13-20-99;Agenda/sb
EII~I~ "'C"
CITY OF PETAL~JIi, CALI.FO:I~TIA
MEMOI~AND~JIl~I_
Engineering/Public- 6f'orks Department,, 22'Bassett'3'~;;Petaluma CA 94952
(707) 77~-4304 Fax,(70,7) 778-4437 E-mail: ` engineering@cipetaluma.ca.us
..DATE': Novembei 22; `1999
TO Thomas S. I-Iargi's, Director of.Engneerng
FROM: Michael C. Evert,. iSupervising Civil Engineer
STJBJECT: DBE,Funded:Projects and Associated DBE:Participation .
I have reviewed the:.lst.of completed capital projects from our annual reports.for FY 1-994/95 to.
date. Here are samples 'of projects that'required; DBE, consideration.
1. PROJECT N0.:;9818;-- ISTEA =BUS PULLOUTS = E: WASHING.T.ON ST. AND P1tOJECT NO.
9819 - ISTEA - Bus PvLLOVTS - 4 IsoLaTED LocaTlorrs
® Construction.Cost (both projects) $L15,388.94
e DBE' Participation 2.5% '
o Both uroiecfs combined_=° 100$ISTEA funding
2. .PROJECT NO: 9820. - B` ST:. SIGNAL:AT PETAI;UIvIA °BLVD. 'SO. AND PROJECT".hTO: 9836 -
' WESTERN AvE: SIGNAL AT PETALUMA BLVD: NO.
o Construction Cost {both projects) $:1:59;660.32
® DBE Participation, 10.11%
® Combined x$60,00 ISTEA funding for both riroiects
3. PROJECT' NO. 9827 - TRAFFIC SIGNAL.INSTALLATION - E'. WASHINGTON'ST--. AT SONOMA
MOUNTAIN PARKWAY/ELY BLVll. SO.
o Construction Cost '$194,959.43
® DBE Participation .7Z% '
® ISTEA :funds- and $14<000 State TS1VI funds
4. PROJECT NO, 982.1.. fl'HASES'' fl AND 2 - LTS 10'1/OLD REDWOOD HWY. RAIvIP
IIySPROVEIvIENTS (6J99 - 6/96j
Construction.Cost:(Ph.2) $448g00:QQ
® IDBE;Particpation (P.h. 2) '10'.5%
o ISTEA 'finds sand _569,000' State Grant funds
5. ~ PROJECT NO. 9845x- LAKEj1ILLE:HWY,. WIDENINGPHASETII PROJECT (,b/96 _ 7/98,)
® Construction Cost:. $6,951,00.0.00
® DBE Participation 2.8%
® Ca?trans 1Vlaintenan¢eFunds and'$349,000 SB''140.funds
6, PROJECT NO. 9828' - SIGNAL INSTALLATIONS AT PETALLTMA BLVD. NO. AND SHASTA,
' AND AT SYCAIvIORE (11/,97)
® Construction Cost. ~ $,125,000
u DBEPazticipation 1,1..13%
7. ~ No federally funded projects were.awarded in 1.998:
8. Project No: 9862 LAKEVII:.LE STREET WIDENING EROM E. "D" STREET TOE. WASHINGTON
'STREET (:11/99 - 2/OQ) _ -
Construction Cost ~ $375,000
® DBE' Participation ~ 10.29%
S/MEIDBE 12-20-99 Agenda/sb