HomeMy WebLinkAboutResolution 96-005 N.C.S. 01/02/1996i
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RESOLUTION NO. 96-05 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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10 WHEREAS, the City Council has discussed the proposed Disadvantaged Business
11 Enterprise (DBE) Program;
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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,
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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.
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Under the power and authority conferred upon_tlile Council by the Charter of said City
REFERENCE: I hereby certify tha foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (X8~16N3ifi!8)t:(S meeting form
on the ......2nd............ say af .................daAUar.~.......................... 19.9.&... by ttie
following vote:
rty"A ey
AYES: Hamilton, Stomps, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss
NOES: None
ABSENT: Barlas
ATTEST: .....! .....................................................................................
City Clerk
CA 1085
cbawu Fi ..~_.._._....._.._
Res. Na .......6-05............ N.C.S.
DISADVANTAGED BUSIlVESS ENTERPRISE (DBE)
PROGRAM
CITY OF PETALUMA
I. Policy Statement
It is the policy of the City of Petaluma to utilize Disadvantaged Business
Enterprises (DBE) and firms as defined in 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 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 49 CFR 23 to ensure that DBE and firms have the
maximum opportunity to compete for and perform contracts.
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Thomas S. Ilargis, Director of Engineering
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IL Disadvantaged Business Enterlirise (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 necessary to fully implement the provision of 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. Duties of the DBE Liaison Officer
The DBE Liaison Officer shall develop, manage and implement the DBE
program on a day-to-day basis. The Liaison Officer shall:
- Develop 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 aze 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 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
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.
IV. Public Notification
1. At the time of submittal of this program to the U.S. Department of
Transportation and Federal Aviation Administration, anotice 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 public inspection 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 goal for 45 days from the date of the notice.
The notice shall advise interested parties that comments aze 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 aze 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 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 on planned contract
activity for the coming yeaz. The overall goal established will be subject
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to methodology and procedures established in 49 CFR Part 23, Subpazts
(C) and (D) and take effect on October 1 of each yeaz.
2. The overall DBE goal established with this initial program is 10% and
covers the period January 2, 1996 [o December 31, 1996.
3. Individual project goals will be established based on the following
criteria:
- Attainment of established overall goals.
- Size of project.
- Opportunities .for DBE's as subcontractors; vendors and
suppliers.
- Minority population of geographic azea in which work is to be
performed.
- DBE .goals being utilized in the geographic azea 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 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 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 40 CFR Part 23 apply to this agreement."
b. DBE Obli ation -The recipient or its contractor agrees to ensure
that disadvantaged business enterprises as defined in 49 CFR Part
23 have the maximum opportunity to participate in the
performance of contracts and subcontracts financed in whole or in
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part with the Federal funds provided under this agreement. In
this regard, all recipients or contractors shall take all necessary
and reasonable steps in accordance with 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 oh 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 provided/updated 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 dollaz 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 azea 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 awazd of any project must be concurred with by the -DBE
Liaison Officer or his/her designee before said contract may be awazded.
Should there be disagreement between functional units concerning contractors'
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efforts to attain contract goals for DBE participation, the matter shall be
referred to the City Council or his/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 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 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
subcontractors, vendors or suppliers.
payments are not made to DBE
Counting DBE Participants
This agency, its contractors, and subcontractors shall count DBE participation in
accordance with the provisions of Section 23.47, Title 44, of the Code of
Federal Regulations.
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
information:
- Awards to DBE's.
- Awards to majoiity contractors.
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- Final project reports concerning DBE utilization.
- Such other 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 U.S. DOT element as required. These reports will include:
- Number and dollar value of contracts awarded.
- Number and dollaz value of contract and subcontractors awazded
to DBE's.
- Description of general categories of contracts awarded to DBE's.
- The percentage of the dollaz value of all contracts awarded during
the year which were awazded to DBE.
- Indication as to the extent of which the percentage met or
exceeded the overall goal.
- Reports shall be broken down separatelyby ethnic grouping.
XI. Com Ip aints
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 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 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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ATTACIIMENT "A-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 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 the project.
- 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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IV. Public Notification
Business
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1. At the time of submittal of this progcun to the State; Deparunent of Transportation, a notic:c in
both,minority and majority local media will be published. Said publication shall include:
• The annual overall DBE ggal.
• Notification that a description of how the goal was set is available for public inspection
for a period oC 3(] days. ,
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• Notification that both U. S. DOT and this agency will accept commentse nn the goal for 45
days form the date of the notice. The notice shall advise intcresu;d parties that comments <: ';:
,;.pare for,intormation.purEiose3 only ~ r.,t.,; ~; •, + ~,'~:. w ,+-ai ~ ,~~ ,iq.
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2. This program will he reaffirmed by public notice annually at the Ume of pubhc.tuon ~f Uu ~uc~.~~~
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overall goal. If substantial changes are made to this document,: the enure document shall he ';", ~~lR`
subject notification noted in (1) above ~ i;c ~~ ~ ;' ~~ `` a~
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3. In addition to the forgoing, interested disadvantaged and majority contractor organizations will ~
receive direct mailings. of this complete program. ~ ~. ~ _
V. Eslahlishment of Goal
1. The DBE goal will be established both annually (overall) and on a per contract basis. T'he
overall goal will be based on planned contract activity for the coming year. The overall goal
established will be subject to methodology and procedures established in 49 CFR Part 23,
Subparts (C) and (D) and take effect on October st of each year.
2. The overall DBE goal established with this initial program is _ ~o and covers the period
October 1, 19_ to September 30, 19_.
3. Individual project goals will be established based on the following criteria:
Attainment of established overall goals.
• Size of project. G (P _ p S