Loading...
HomeMy WebLinkAboutResolution 98-052 04/06/1998 RESOLUTION NO. 98-52 N.C.S. 1 of the City of Petaluma, California 2 3 4 5 ADOPT THE DISADVANTAGED 6 7 BUSINESS ENTERPRISE PROGRAM 8 9 10 WHEREAS, the City Council has discussed the proposed Disadvantaged Business 11 Enterprise (DBE) Program; 12 13 NOW, THEREFORE, BE IT RESOLVED, by the City Council that the proposed 14 Disadvantaged Business Enterprise, as described in Exhibit "A" is hereby adopted; and, 15 16 BE IT FURTHER RESOLVED, that the City Clerk is directed to publish a notice 17 regarding the DBE Policy in both minority and majority media. 18 19 20 21 22 23 1998 dbe/sb/agenda/hd/a: l 24 Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution wee introduced end adopted by the Approved as to ' Council of the City of Petaluma at a (Regular) ~XCdidit meeting fog on the ._sth..........._.. day of .....----._E1.R!:1~ 19..9., by the following vote: ..........l City homey AYES: Torliatt, Hamilton, Read, Vice Mayor 114aguire, Mayor Hilligoss NOES: None ABSENT: Kel~, tompe ~/"~~.J(7 ATTEST`. ...4~~f/.L„' ~~~...~'T^' / ~ City Clerk Mayor j ao~mca r ~~S`52.._._.._......_._ CA 1085 Res No N.C.S. EXHIBIT "A" Program Description fog Local Agencies DISADVANTAGEDBUSINESS ENTERPRISES'(DBE) PROGRAM ' DISADVANTAGED:BUSINESS ENTERPRISE (DBE) PROGRAM CITY OF PETALUMA I. Policy Statement It is the policy of the City of Petaluma. to utilize .Disadvantaged Business Enterprises (DBEj and firms as defined in U: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 progiam activities funded wholly or in'part;by any U.S. Department of Transportatioremodal element. This Agency,, its contractors and subcontractors, which are the recipients of Federal-aid 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 alC of its contractors:and subcontractors°will take all reasonable steps in accordance~with DOT Title:49 CF.R Part 23 to ensure that DBE and firms have the maximum opportunity to compete for and perform contracts. Thomas S. Hargis, Director of Engineering 1 II. Disadvantaged Business'Enferprise~(DBE) Liaison Officer Mr.: Thomas S. Hargis,'Director of Engineering; is the-DBE Liaison Officer for•this .agency and shall report to the City Council. He will be assigned such staff as is necessaryto fully implement the provision of DOT Title 49 CFR Part 23 and such other DBE programs, as may be Yequired. The reporting structure and duties of support staff are shown:oaAttacfiment "A-1'". .III. Duties~oftheDBELiaison[Officer The DBE Liaison Officer shall develop,. manage and implement the DBE program on a day-to-day basis.. Tfie Liaison.Officer shall: ? .Develop and carry out technical assistance programs for DBE's. ? Arrange solicitations, time for the presentation of bids, quantities, specificationssand 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.unitmvolved. ? Provide gui3ance to DBE's in' overcoming barriers, such as inability o obtain bonding of 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 Business Enterprises. ? Unless;noted elsewhere herein the listing of DBE's certified by Caltrans will besutilized. Said;listing;is-tote 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,oflany DBE subcontractor, the prime contractors~wIl be required to prove performance of good faith efforts to replace he DBE witfi.another eligible DBE. ? Establish a DBE overall annual_,goaL 'The goaLshall be evaluated annually and adjusted as necessary. 2 Establish an,appropriate-,individual project DBE,goal for.each Federal Aid Project advertised. ? Perform good faith analysirwhenahe 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 Ghat adescription of how-the goal was set is available for publiq inspection for a period of 30 days, ? Notification .that both .U.S. Department of. Transportation and Federal Aviation .Administration. "and. this agency will accept _ comm_ ents of the goal_for .45 daysfrom"the-date of the 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 'of overall goal. If substantial changes are made to this document, the entire-document shall"be subject to notification noted in (1) .above. 3. In addition to the :foregoing, interested disadvantages and majority contractor otganiza4ions 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 on planned contract activity for- the coming. year. The overall goal establisfied will be subject to 3 methodology and: procedures: established. in DOT' Title 49 CFR. Part 23, Subparts;(C);and,(D) and take•effect:on Qctober l of each.year. • 2. The overall DBE goal establishedwith'this program is 10% and covers the periodJanuary'2, 1998 to December 31, 1998. 3. Individual project goals will be established based on the following criteria: ? Attainment ofestalilished'overall-goals.. ? Size;ofproject. ? Opportunities forDBE's as subcontractors; vendors and suppliers: ? Minority population of geographic area in which. work is to be performed. ? DBE goals being utilized in he geographic area by other State, Federal,or local jurisdiction. ? Availability of certified DBE's. ? Past. experience on projects similar to the project being evaluated. ? Such other factors as may effecYthe utilization. Complete evaluation documentatiorcwill 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. Obli ag tiori -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 withahe Federal funds=provided under-this agreement. In this 4 regard, all,recipiepfs or contractors shall-take Fall necessary and'. ' reasonable. steps in.accordance with.DOT' Title 49 CFR Part'23: to' ensure. that disadvantaged. business enterprises have the maximum opportunity to competefor'and perform contracts. Recipients and their contractors shall -not. $iscriminafe 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 ttuough 'the utilization of a contract special provision which will be provided/updated as1 necessary 6y Caltrans' Division of Local Streets and:Roads. These procedures~require bidders to submit the names of DBE subcontractors and supplers~a„description of the work each is to perform or materiat to be furnished', and ~tfie 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`projectigoal. DBE supportiYe 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 .Officer or his/her designee to ascertain bidding contractors' efforts to attain the DBE goal. The award ofany 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 matter shall be referred to the City Council or fii's7her designee, for;final deteimination. 5 `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 basis by project: personnel during the course of'construction. `The DBE Iiaison Officer^_s 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'paymentsthe prime contractor has made to DBE subcontractors, vendors and suppliers. Ifthereport ihdicafes the prime contractor has not achieved the project goal,. project. personnel 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-Agency of,any situation in which regularly scheduled progress payments are not „made to DBE subcontractors, vendors or suppliers. IX Counting DBE Participants This agency, its contractor"s, and subcontractors shall count DBE participation in accordance with the provisions 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 Tull compliance with this policy: Such records and reports shall include, asa minimum, thefollowing information: ? Awards to DBE's. ? Awards to majortycontractors. ? Final project reports concerning DBE•utilization. ? Such other data as'is_needed to fully. evaluate compliance with this program. 6 2. The DBE Liaison Officer shall subpiit'reports to Caltrans and/or'to the appropriate DOT element as required. These reports will include: ? 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 DBEs. ? The percentage of the dollar value of all contracts awarded during the year which were awarded to DBE, ? Indication as'to the 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 within90 days' ofreceipt;by the DBE-Liaison Officer. The appropriate DOT element and Caltrans will be..furnished a. copy of the complaint and may be invited to participate in the investigation/resolution: The DOT element and Caltrans will receive: a complete investigative report;on the complaint and maybe requested.to,concur=in he proposed disposition iifsaid complaint. Contractors will be directed to notify: the Agency of any complaints they mayreceive.concerning"thisprogram. 199.8dbe/sblagenda/hd/a:l 3/24/98• 7 ATTACHMENT""A-1" THE REPORTING~STRUOTURE 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 successfil bidderhas demonstrated good faith efforts to meet 4he DBE goal. . Monitor the DBE:utilization during the'length of the'project. ® Interview the contractor's employees on the job. site, collect pay stubs and periodically check payroll records' fo make sur"e that the contractor complies. with the general i prevailing rate of wages.: I998 dbe/sb/agenda/hd/a: l 3/24/98 1 EXHIBIT "B" CITY'DBE PROGRAM LIST OF REQUIRED DBE INFORMATION This project has' a goal, of, utilizing 10 percent disadvantage business enterprise (DBE) participation. The contract specificationsand the,City's DBE program require fbat,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 td do so. Meeting the: goal for DBE participation or demonstrating good faitfi 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 effortsto meet the DBE goal should include: 1. The names and dates of advertisement of each riewspaper,,trade paper, and minority-focus paper in which,a requesYfor DBE participation for"this project was placed by the bidder'. 2. The names and dates ,of notices of :all certified DBEs solicited by direct mail for this projecti and the dates "and methods used for follow_ ing"up initial solicitations to determine with certaintywhetherthe DBEs were in'teresfed: 3. The, items of work~for~which the ;bidder requested'subbids: or materials to be supplied by DBEs, the information furnished' interested:DBEs in he 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,>theie are DBEs available for doing pdrtionsoof.the work-normally performed'by, the bidder with his': own forces, the bidder will be expected"to make portions of such work',avalablefnr DBEs to bid on. 4: The names o£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 negotiations with them, the.name of the subcontractor orsupplierthat wasselected for thatportion of work, and the reasons for the' bidder's; choice. If the reason for rejecting a DBE bid was price, ,give tfie 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 heir'siabbrds. 6. Any additional date;fo "support a demonstration ofgood faith effort, such as contacts with DBE assistance agencies. sb/1998dbe/agerida/hd/a:l 3/24/98 EXHIBIT "C" ,CITY OF PETALUMA, _ _ ENGINEERIlVG DEPARTMENT DATE:- March 25, 1998 TO: Tom Ilargis, Director of Engineering FROM: Mike Evert, Supervising Civil Engineer SUBJECT: DBEFunded Projectsand Associated DBE Participation Lhave reviewed-,the list of completed capital projects from;our`annual:reports for FY 1994/95 to date. Here are samples of projects thatrequired DBE consideration. 1. Project. No. 9818 -ISTEA.-Bus Pullouts - E. Washington St., and-Project No. 9819 -ISTEA -Bus Pullouts - 4 Isolated Locations , Construction Cost (both projects) $115;388.94 DBE Participation 2.5% .Both proiects combined -.100$ ISTEA funding 2. Project No. 9820 - B St, Signal at Petaluma Blvd. So. and Project No. 9836 -Western Ave: Signal at Petaluma Bivd. IVo. Construction Cost (botfi projects). $1'59;660:32 DBE`Paiticipation 10.11% Combined $60,00 ISTEA funding for both proiects 3. Project No. 9827 -Traffic Signal Installation - E: Washington St. at Sonoma Mountain Parkway/Ely Blvd. So. Construction Cost $194,959.43 DBE:Participation .77% $80.000 ISTEA-funds and $14:000 StateTSM funds 4. ProjecYNo. 9821 Phases 1 and 2 - US 101/Old Redwood'Hwy.:Ramp Improvements Construction Cost (Ph..2) $448,000,00 DBE Participation (Ph. 2) 10.5% $480.000 ISTEA funds and $69:000. State GranYfunds ' 5. Project No. 9845 -Lakeville Hwy. Widening Project , Construction Cosf $6;951,000.00 DBEParticipation 2:8% $1,272,000 Caltrans Maintenance Funds and $349:000 SB 1'40 funds 6. Project No. 9878-- Signal.`Installations at Petaluma Blvd. No. and. Shasta, and at Sycamoie (11/97) ConsfructiorCost $150;000:00 DBE Participation 11.13% 1998dbe/sb/agendafhd(a:l.