HomeMy WebLinkAboutResolution 98-250 N.C.S. 12/07/1998 Resolution No. ss-zso N.C.S.
1 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 1999
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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 FURTHER 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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Under the power and authority rnnferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the [oregoing Resolution was introduced and adopted by the Approved as to
" fo
Council of the City of Petaluma at a (Regular) difF}CXdgXQBt>16b~1) meeting
on the .Z.tll day of ..........ABC.~iIl12E.f..................--......., 19..8... by the
following vote: 1
City ttorney
AYES: Keller, Torliatt, Hamilton, Read, Vice Mayor Maguire, Mayor Hilligoss
NOES: None
ABSENT: lone seat a resignation of~Mary Stompe) .
ATTEST : Eq.......--------... ~7~.........------........_~..~.~_.................
City Clerk Mayor
Comcil Fife.._
CT IO.nS Hrs. Vu......_9.S-ZS.O..... NGS.
EXHIBIT "A~"~
Program Description
for
Local Agencies
DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM.
CITY OEPETALUMA
1999
I. Policy Statement
It is the policy of the, City of Petaluma to utilize Disadvantaged Business
Enterprises (DBE) and. firms as defined in iJ.S, Department. of Transportation
(DOT) Title 49 CFR Part 23 in all aspects of contracting to the maximum extent
feasible. This policy which is 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-aid funds;. agree Yo ensure DBE firms-have the maximum opportunity'to
participate imthe performance of contracts and ubcontracts. 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'rttaximum opportunity to compete;focand~perform contracts.
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Thomas S. Hazgis, Director of Engineering
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II. Disadvarifaged'Business Enterprise (DBEj Liaison Officer
Mr::Thomas S. Hargis, Directoro£Engineering;is the DBE Liaison.Officerfor this
agency and shall report, to the City Council. He "will be assigned such staff as is
.necessary to fully imple_mentthe provision,ofDOTTitle 49 CFR Part 23 and such
other DBE programs as may be required. The reporting structure and duties of
support staff are shown on Attachment "A-1".
III. Dutiesof.the DBE Liaison Officer
The DBE Liaison Officer shall develop; rrianage'aridimplement the DBE program
on a day-fo-day basis. The Liaison Officer shall:
? Develop and~carry out.technical assistanceprogramsfor DBE's:
? Arrange solicitations, time for the presentation of bids, quantities,
specifications and delivery schedules so' a§ 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 DBE's in overcoming-barriers, such as inability to
obtain bonding or;financing.
? Carry out information 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 Biisiness Enterprises.
? Unless noted elsewhere herein the4isting.df DBE's certified by Caltrans will
be utilized. Said listing into be made available to.all project bidders. 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 prove: 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 achieved.
? Maintain 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 this program to the U.S. Department of
Transportation and Federal Aviation Administration, a notice in both
minority and majority local media will be'published. Said publication shall
include:
? The annual overall DBE goal.
? Notification that a description of how the goal was set is available
for publicinspection for a period.of 30-days.
? Notification "that .both U:S. Department of Transportation and
Federal Aviation :Administration and. this. agency will accept
comments of the goalfor45 days;from the~date:ofthe notice. The
notice .shall advise interested parties that comments -are for
information purposes only..
2. This program will be reaffirmed by public. notice. annually at the. time of
publication oP overall goal. If substantial changes are made. to this
document; the entire document shail.;6e-subject to notification noted in (1)
above.
3. In addition to the foregoing, interested disadvantages and majority
contractor organizations will receive direct 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 onplanned contract activity
for the: coming year. The overall",goal established will be subject to
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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 7anuary 1, 1999 o December 31, 1999.
3. Individual project;'goals will.be established,6"ased.on the following criteria:
? Attainment.of established overall goals.
? .Size of project.
? Opportunities'for DBE's as8subcontractors; vendors'andsuppliers.
? 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 on projects,similarto the>project being evaluated.
? Such other`factorsas•mayeffectahe.utilization.
Complete evaluation documentatiomwill.be~retairied for each project:
4. Projects which do not contain a specific goal will contain the following
provisions:
a. "Polk - It i§,the policy ofthe Department of Transportation that
disadvantaged 6u"sines enterprises as. defined in DOT 49 Title 40
CFR Part 23 shall have the maximum opportunity to•participatelin
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 Obli ag
tion -The recipient or its contractor agrees to ensure
that disadvantaged business enterprises as defined in DOT Title 49
CFR Part 23 have the maximum opportunity to participate in the
performance of contracts and subcontracts. financed in whole or in
part with the Federal funds provided under this agreement. In this
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regard, all recipients or contractors shall -take .all necessary and
reasonable,steps in accordance with DOT Title 49 CFR Part 23 to
ensure that disadvantaged business enterprises have the maximum
opportunity to compete for and perform contracts. Recipients and
their contractors shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance. of DOT-
assisted contracts."
VI. Contract Procedure
This program shall be implemented through the utilization of a contract special
provision which will be providedfupdated as necessary by Caltrans' Division of
Local Streets and Roads. These procedures:require~bidders to submit the names of
DBE subcontractors and suppliers a description of the work each is to perform or
material to be furnished, and-the dollar value of each DBE subactivity.
VII. DBE Notification
Projects will be, advertised in local newspapers~~and minority focus newspapers
when possible. These ads will. include reference to DBE requirements and will
indicate the DBE project goal.
DBE supportive service !assistance centers will receive notification of projects
scheduled to be advertised. Such centers will be afforded. the opportunity to
receive complimentary 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
Ofliee~ or his/her designee to ascertain bidding contractors' efforts to attain the
DBE goal. The award of any project must be`concuired 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 matter shall be referred to the City
Councilorhis/herdesignee, 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 declazed non-responsive and ineligible for
award of the contract.
All contracts that contain a DBE goal, pursuant to this pokey, will be monitored
on an ongoing basis by project personnel during the course of construction. The
DBE Liaison Officer is to be immediately advised of any circumstances wherein
contractor compliance with the. DBE provision is questionable. The contractor
shall submit 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,pe~sonnel shall attach an evaluation, in
narrative form, of the reasons for failure to attain the goal and any corrective
action that was taken.
Prime contractors will be:required to -notify the Agencg of any situation in :which
regularly .scheduled progress payments are not made to DBE subcontractors,
vendors or suppliers.
LY. Countine.DBE ParticiQants
This agency, its contractors;'.and subcontractors shall. count DBE participation in
accordance with therprovisions of DOT Title 49 Part. 23, of the Code of Federal
Regulations.
X. Records and Reports
1. The'DBE Liaison Officer shall =maintain such records, and provide such
>reports, as°are necessary to ensure full compliance with this policy. Such
records and reports shall include, as a minimum, the following`infonnation:
? Awards to DBE's.
? Awards to majority contractors.
? Final project reports concerning DBE utilization.
? Such other data as is needed to fiilly evaluate compliance with this
program.
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2. The DBE Liaison Oicer shall submit reports to Caltrans and/or to the
appropriate DOT element as required. These reporfs will include:
? Number and dollar value of contracts:awarded.
? Number and dollarvalue of contract and subcontractors awarded to
DBE's.
? Description ofgeneral,categories of contracts awarded to DBE's.
? The percentage of the dollar value of all contracts awarded during
the year which were awarded'taDBE.
? Indication as tathe extent of which the'percentage met or exceeded
the overall goal.
? Reports shall.be broken down separately by ethnic grouping.
XI. Complaints
Any complaints received by the Agency concerning this program will be
investigated .by-the DBE Liaison .Officer. He/she will endeavor to resolve said
complaints'within 90 days of receipt by the DBE,,Liaison Officer. The appropriate
DOT element and Galtrans wilhbe furnished a;copy of the. complaint and may be
invited to participate in the investigation/resolution. The DOT element and
Caltrana will receive 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 notify the: Agency of any complaints they
may receive concerning this program.
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ATTACHMENT "A-I"
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 goal 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 theproject.
? Interview the contractor's employees on the: job site, collect pay stubs and periodically
check payroll records to make sure that the contractor complies with the general
prevailing rate of wages.
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EXFIIBIT "B"
CITY DBE P-ROGRAM
LIST OF'REOUIRED~DBE INFORMATION
This project has a goal of utilizing 10 percent,,;disadvantage business eriterprise (DBE)
participation. The contract specifications and the Citys DBE prograritxequire that the contract be
awarded to the lowest responsible bidder who§e 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 effot to do so. Meeting the ,goal for DBE
participation or demonstrating good faith efforts to do so is a condition for being eligible for
award of the contract.
The information 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.riewspaper, trade paper, and minority-focus
paperin which a reguestfor DBE:participation for this project was placed by the bidder.
2. 'The names .and dates of notices of'all. certified DBIS solicited by direct mail for this
project and the dates,`and methods used'. for :following up initial solicitations to determine
with certainty whether the DBEs were interested.
3. The items of work for which tfie bidder, requested sti6bids or materials to be supplied.by
DBEs, the. infomiation:.fuinished interested DBEs im the way of plans, specifications„and ,
requirements 'for the work; artd any break; down of items of work into, economically
feasible units to facilitate DBE participation. Where {here°are DBEs: available for doing;
portions of the work noi7rla(ly performed; by the'lidder with his own forces; the bidder will
be expected to make portions ofsuch work available for'DBEs o 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 bidders discussions and/or negotiations with
them, the.name of the subconfractor 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 bid was puce;
;give the price bid bythe rejected DBE and the price;bid by the selected subcontracfo~~or
supplier.
5. Assistance that the bidder has extended to DBEs identified in No. 4 above to.remedy the
deficiencyin their sufbids!
6. Any additional date to support: a demonstration of good faith effort, such as contacts with
DBE assistance agencies.
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