HomeMy WebLinkAboutResolution 90-410 12/10/1990?,
Resolution No. 90-410 N.C.S.
of the City of Petaluma, California
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4 ADOPT THE DISADVANTAGED
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6 BUSINESS ENTERPRISE PROGRAM
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10 WHBRSAS, the City Council has discussed the proposed
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12 Disadvantaged Business Enterprise (DBE) Program;
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16 A10W, THERSFORB, BE IT RESOLVED, by the Gity Council that
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18 the proposed Disadvantaged Business Enterprise, as
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20 described in Exhibit "A", is hereby adopted, and
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24 BE IT FURTHER RESOLVED, that the City Clerk is directed
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26 to publish a notice regarding the~DBE=Policy in both
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28 minority and majority media. .~s..-~
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32 fndbe
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) (1it~)K7 meeting fO~
on the .._.1_Ql_h...._....... day of .............Ae~~xilb~.X........................., 19...90, by the
following vote:
City Attorney
AYES: Balshaw, Sobel, Davis, Woolsey, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: 0
ABSENT: T ce
ATTEST: .-- -- •- ~• - - ........... ................ ..........
City Clerk
Council File ....................................
CA 10-85 Res. No...........9:0.-.4t O N.C.S.
• Exhibit tt,A~r•
- Program pescrpti~on
for
Local Agencies
DISADVANTAGED BUSINESS ENTERPRISE'S'(DBE:) PROGRAM
FHWA ericour-ages the. u's'e. of` ~th~s standard
program description in. accordance with:
Code ,o•f 'Federal Regulations 49, Part• .23,
Section 23 .,45 ands othe'r` related= sections
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CalTrans,. Office; of Loc~a°l Street's .and Roads," 'Rev.. 1.0/89
DI$AD~7ANTAGED BUSINESS ENTERPRISE . (DBE=).
PROGRAM -
CITY OFV PETA~LUMA
L. Policy St'at"emernt
It is the poa,cy of the City of 'Petal'uma to utilize ,
. Disadvantaged Business Enterprses~(DBE) and firms. as -
de-fined in 49 CFR Part 23 in all aspects of contracting -
. to the maximum ext"erit feasible.. This po .icy ,which is
fully described herein constitutes policy and
commitment, to substantially ner.ease DBE Utilization in
all program activities funded wholly or in part by any
U.S., Departmeri.t of Transportation model element.
This Agency, its contractors and subcontractors, which
are the recipients o•f Federal-a-id. funds, agree to -
ensure DBE firms have the ~m~aximum . opportum,ty to
participate in the. performance of contracts 'and
subcontracts. In this .regard, this Agency .and all of
its contractors-and,subcontr'actors will take all
reasonable steps in accordance-with 49 CFR 23 to ensure
that DBE +and,f;irm have the maximum: opportunity to
compete f'or and perform contracts.
~~ ~ .. Thomas S. Hargis, Director- of Engineering
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II,. Dis!advan.taged. Business E•nterpr-se (DBE') L
Officer '
'Mr. Thomas Hargis, Director of Engineering is the DBE
Liaison Officer for this .agency :and. shall report to the
City Council. He will be ass'i~gned such staff as is.
' necessary .to ~ f-u'11:y implement the• provision of 49 CFR
`Part 23 and such other DBE progr.:ams .as may be re°quired.
The reporting structure and duties of support staff are
shown on Attachment "A-1".
III..Dut'es of the DBE Liaison Officer
The DBELiaison Officer shall develop, .manage and
implement the DBE program on a day-to-day basis. The
Liaison Officer shall:
o Develop and carry out technical assistance
program's for DBE's.
o Arrange sol~c=tat~ions, tame for the
presentation of bids, quantities, .specifications
.. and delivery,schedules s,o ras 'to fac itate the
garticpat•on o~f DBE's. Where such changes are
found necessary to increase DBE utilization,
~, they~will,be made in consultation and cooperation
- wi=th .thefunctional unit invo~l-ved.
. o Provide guidance to DBE's in overeomng.barriers,
such as inability t:o obtain bonding or financing.
o Carry o.ut i-reformation ~arrd c'ommunicat'ion programs
on contracting opportunities in a timely .manner.
Programs sha1T, b'e blingu°al where appropriate...
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o Tnvesfi.gate the servi~ees offered b•y banks
owned and.cbntrolled by Disadvantaged
- •„ Busines Bnterpr"sea`.
o Unless :rioted elsewhere .herein the list,irig of
DBE's cer€ifed by CalTrans~wl.1 be utilined.
Said fisting is to be made. a~aila_ble to all
proj°ect bidders. Such listing will nclude.-
the.f.o lowing information: Name,,, address,
telephone ~numb'er, ethnic and/o;r sexua'i
ownership and type of work performed by firm:.
o Prior to approval of the substitution _of any
DBE sub:-contractor, the,prme contractors will
be r-equred: to prove ..performance of good faith
efforts to replace the DBE with another eligible
DBE . ..
• o Establish a DBE overall annual goal: The goal
shall.,be evaluated annuall.y~and.adjusted as
necessary.
o Establish an appropriate individual project DBE
goal for each Federal .Aid Project advertised.
o Perform good faith analysis when the project
goal is not acYiieved.
o Maintain such documentation as is neeeasary
to verify performance of all activities
included in this program.
Iv Public Notification
1. At the time of submittah of th-is program to .the State
Department of Transportation; a notice in both minority
• and majority local media. will be~;pubfished:: Said
publication.shall inc`l:ude:
o The annual overall .DBE. goad:
o No•tif ica.tion that a des;crip ion of how the
goal was set•is available fo;r public
nspection.~for a period'of 30 days. •
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o Not-if cation tha bq,th, .U'.>S . :DOT and th'is' agency
will accept c"omment~s of ahe goal for 45 days
•.from the date.of the not ce; The no'tce'shjaTl.
advises. ;nteres ed parties, that comments are fo -
information .purposes,. only,
2. This program will be. re,a~ffirmed by public
~~notice annually: at'' the ;time of ~ publicanion.
of ove:ra`ll goal: Lf subs,tantial changes are
made to this document; `the entire: .document,
shall be subject ta. not;fcation noted in (`1,)
above . ~ '
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3. In addition to~-the fo~egoin`g,, Trite-nested..
dsadv'an_ ta,ges and, major-,ity eon"tractor:
organizations will receive direct mailings of
this complete program.
Es ab~li~shment: ~o~f. Goals
1. The DBE goal will be established both annually
(overall) and,. on a. per contract basis. The
overall goal wl]: :be.;based' on planned contr.ac
activity fo'r the. com-ing year.: The overal•1 goal
•= established will be subj:ect~to methodology and..
procedures established in 49~CFR part 23, Subparis.
(C)' and (D) and, take effect 'on `octob.er 1 of each
year.:
''2. Th`e overall .DBE 'goal =es'tabli'shed with this, initial
program is. 10% and cover's "the•perod.October 1,.
19.9"0~to September 30', T991..
3.~ Individual project goals will, be established. based
" on the following criteria; _'
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o Attainment o-f' 'established` overall goads.
o Size o`f proj;,eet ..
o . Opportunities for ~DB.E'~s,. as subcontracto'rs,;~
vendors-and supplers~•.
- ~ o Minority population of geographic area•~n
which work is to be performed
o DB`E goals being uti-lined in the- geograph4e.
- urea by other State; Federal or local
- ~ jurisdiction ~~
o Avalab~ait.y of certified DBE!'s
o Pa_s experience on. projec.ts~ similar to'
the pro'j_ect being evaluated
o Such other factors ads may effect the
utilza.t°on
Complete evaluation documentation wit.1 be retained for
each pro:j ect . ~ .
4 . Proj ec't-s which do .not contain a. specf is goal
will contain the following provisions:
A. "P,o,licy - It. is the policy of the; Department of
Transportation that disadvan ages business
enterpris_e's ass defined in 4~0 CFR part 23 shall.,
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' have the.maxmum~opportunity:ta' participate in
the performance of contracts financed in whole
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or .in part .with Federal 'funds under this
. ~agr.eement. Cbris;equently, the ',:DBE requrements~af.
r 40 CFR Part 23 . apply to ..thin., a,greemen,t .."
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B, DBE 'Obl;igation ~- ",O -The recipiexi't or its
contrac'tor' agree's t'o ensure that disadvantaged _
• busines's enterprises' as defined in 49 CFR Part. 2'3
have th.e >maxmum ~opgortun.ty ,•to participate ;in the •
performance • of contrac s. and. s:ubcontrae:ts financed ;
in .whole or in part with 'th'e; Federal funds
provided ur'der this 'agreement. Iri this regard,,
all recipients for eontr-actors shall; take all
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necessary''and•.reasonable steps in accordance with
49 CFR P:ar_t 23• to. 'ensure th+at :disadvantaged
business enterpr.ses;.ha~e the maximum opportunity
to compete f;or and perform, ~contra'cts . °Recpent~s
and. their contractor's shall not discriminate on
` the :basis of: race, color., national origin,-or
~' ~ sex . in the award and. performance of, DOT'-assis:ted~
contracts'.." '
VI. Contr--act Procedure _ -
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-, This program shall be implemented' through :the
" utilization o!f a contract special pro,vs;ion
' which wiTT be provided/updated as •riecessary•by
Ca]:Trans' Division o'f: Local streets. and Roads.
• ~These~' procedures require bidders to submit the
• ~ names o,f DBE. ubcontractors and ~supp iers a
~.,; ~ ~ description oaf the wor•:k a"ach~ is to perform, or
• material to be `furri°`slied, .and 'the dollar value.
of• each. DBE ~sizbact.vity: , ~ ~ •
VII. DBE.Notfi~cation
. Projects ;wall be 'a`dvert°sed. ri local newspapers
and minority focus newspapers when possibae.
These ads will nc'l.ude re~f-erence to DBE
requirements` and will indi.ca~.te the DBE prod ect
goal .~
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DBE'supportve servic:e assistance centera; will receive
notification of praj'ec s scheduled to be advertised.
Such Centers, wi l be aff:orde;d the opportunity to ,
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receive complmen.t?ary plans .:and specifications for
' ~ projects within their geographical area of
responsibility.
VIII..Select'on Gr_itera fo:r Erojec s with. DBE Goal
Every project containing a DBE- goal, shall ;be ev-aluated
by,the DBE Liaison Qf~fcer or'his/her designee to
ascertain bidding contractors".efforts to~attain the'
DBE goal. The award of any project--must be: c~onc.urred
with by the DBE Liaison Of:fi?cer ox 'his/.her designee
be-fore said contract' may be awarded. Should there
be disagreement between functional units concerning
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contractors' efforts to att:a`n~ contract goals for '.DBE
participation, the matter shall be referred to~~the City
Council or h's/he:r' .de ignee, fqr final.determna-ton.
Competitors 'that .f°a~l to "meet th'e' DBE goal and fail to
demonstrate suff°cien:t reasonable .goad faith efforts
shall be declared :non-r-e ponsv'e and ineligible for
award of the contract.
All eontr.aeas that contain a DBE;.goal, pursuant to
this policy.,,, will be, monitored on an ongoing b sis by
project personnel during the course o:f construction.
The DBE Liaison Off ices is to be~ mmedat`e y advised of '
any circumstances wherein contractor compliance with
the DBE provision is questionable:. The con'tracto'r
shall submit a final report for each project which.
includes total payments. to the-prime con ractor as
well as an. ~ ~'
y payments the prime contractor has made to
DBE 'subcon:tractors,, vendors, and. suppliers. I`f the
report indicates the prime-contractor h`a's notachieve
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the projiect goal; project personnel sla l 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
`Agenc_y 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, andsubcontractors shall
count DBE participation in accordance with the
provisions' of Section 23:47, Title 49, of the Code of
Federal Regulations.
X. 'Records .and Reports
1:- The DBE. Las:ori 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:
o Awards to DBE's.
o Awards to majority contractors.
o Final project reports cgncerning DBE
utilization.
o Such otYier data as 'is needed to fully
evaluate compliance with this program.
2. The.DBE~Laison Officer shoal submit reports to
CalTrans and/or to the appropriate U.S. DOT
e ement.,as r,e,quire'd. These reports will include:
o Number and dollar value of contracts awarded.
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o Number and dollar value of contract and
subcontracts awarded to DBE's.
o Descripton.o`f general categories of
- contracts. awarded to'DBE''.s.
,, o .The percentage of the,. dollar value of all
"contracts awarded during the year which
were awarded to DBE.,.
o Indicati~.on as to the extent of which the
percentage met or exceeded the overall
goal.
o Report's hall be broken down separately
by ethnic grouping.
XI. Complaints -
Any complaints received by the.Agency concerning this
" program. will be investigated by the DBE Lia son
Officer, He/She w11 endeavor to resolve said
- complaints within 90 days of .receipt by the DBE
Liaison Officer.. The appropriate DOT element and
Ca1T-mans wi l be furnished a copy of the complaint
and may be 'nv.ted to partic,p`ate in the
investigation/resolution. The DOT el~emerrt and
- CalTrans will receive a comp etc investigative
report on the eompl;a'nt and may be requested to
. concur in the proposed disposition of said
_ complaint.
Contractor-s will b'e directed to :notify the Agency of
any complaints they'=may receive concerning .this
program.
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' ATTACHMENT . !'`A-'1"
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'THE REPORT2NG~STRU.CTURE AND
DUTIES O~F SUPPORTING STAFF
The Supportirig'staff shall report to the 'DBE Liaison
Officer and shall perform the fo]:lowirig ~d'utes:
* Assist the Liaison Officer-in determining if
the DBE goal i met or if the•apparen;t successful
bidder ha's' demonstrated` good fa-,th efforts to meet
the DBE goal.
~ Monitor they DBE' utilization during the length of:
the pro:j ect . -
~ Interview the contras or's emp~lo;yees on -the job`
site, collect pay, s"bibs and peri'odical'ly °check
payroll. re`cord's to make: sure 'that the -contractor
complies with, the geri~eral preva ;rig rate of
wages .
dbeprog .
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