HomeMy WebLinkAboutRES NO 169-95 RESOLUTION NO. I 6 9 ' 9 5
RESOLUTION ADOPTING THE CITY OF BAKERSI~IELD DISADVANTAGED
BUSINESS ENTERPRISE (DBE) PROGRAM FOR USE ON FEDERALLY FUNDED HIGHWAY
IMPROVEMENT PROJECTS 1N THE CITY OF BAKERSFIELD FOR FISCAL YEAR 1995-96.
WHEREAS, the Federal Highway Administration issued
regulations on April 27, 1981, regarding the use of minority and
women-owned businesses on contracts funded with Federal monies; and
WHEREAS, these regulations require that all recipients of
United States Department of Transportation funds develop specific
plans for the use of Disadvantaged Business Enterprises on Federally
funded projects; and
WHEREAS, City of Bakersfield has recently completed the
required review and calculated a revised Disadvantaged Business
Enterprise minimum goal of 10% based upon the previous year's
experience with the plan;
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Bakersfield hereby adopts the revised City of Bakersfield
Disadvantaged Business Enterprise Program for use on Federally
funded highway improvement projects administered by City of
Bakersfield during the year beginning October 1, 1995;
BE IT FURTHER RESOLVED that the Public Works Director is
hereby authorized to sign and submit the Program to Caltrans.
......... oo0oo ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the_City of Bakersfield at a
regular meeting thereof held on WU¥ 08 ~ , by
the following vote:
AYE.~ COUNCILMEMBER DeMOND, CARSON, 8MIEN, McDERMOtt, ROWLE$, SULLIVAN, SALVAGGIO
NOE~-' COUNCILMEMBER ~. l[J~, ~-
A~51~JN: COUNCILMEMBER /~ ~-~ '
A~cNT: COUNCILMEMBER /~/u~ ~- .
CTTY CT.ERK and EX Officio Clerk of the
Council of the City of Bakersfield
NOV o 8 1995
APPROVED~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY of the City of Bakersfield
ASSISTANT CITY ATTORNEY
RMS:dh
11/94
resolutions\DBE.94
LPP 95-07 Exhibit A
Reen~ineering. Attachment 4 Disadvantaged Business Enterprises (DBE) Pro~-amPage 1
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
CITY OF BAKERSFIELD CALIFORNIA
I. Policy Statement
It is the policy of the City of Bakersfield
to utilize Disadvantaged Business Enterprises (DBEs) 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 modal 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 ali reasonable steps in accordance with 49 CFR
Part 23 to ensure that DBE firms have the maximum opportunity to compete for and
perform contracts.
· R6jas
Public Works Director
Darnell W. Haynes
Assistant to the Public Works Director
LPP 95-07 Exhibit A
Reengineerina, Attachment 4 Disadvantaged Business Enterprises (DBE) ProgramPage 2
II. Disadvantaged Business Enterprise (DBE) Liaison Officer
Darnell W. Haynes , Assistant to the Public Works Director is the DBE Liaison
Officer for this agency and shall report to the Public Works Director . 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 of Attachment "A" .
III. Duties of the DBE Liaison Officer
The DBE Liaison Officer shall develop, manager and implement the DBE Program on
a day-to-day basis. Typical duties include, but are not limited to the following activities:
* Develop and carry out technical assistance programs for DBEs
Arrange solicitations, time for the presentation of bid, quantities, specifications,
and deliver schedules, so as to facilitate the participation of DBEs. 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 DBEs 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.
DBEs certified by Caltrans will be utilized. Said listing is to be made available
to all project bidders. Said 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 sub-contractor, 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.
LPP 95-07 Exhibit A
Reengineering, Attachment 4 Disadvantaged Business Enterprises (DBE) ProgramPage 3
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
At the time of submittal of this program to the State Department of
Transportation, 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 ia available for public
inspection for a period of 30 days.
Notification that both U.S. DOT and this agency will accept comments on the
goal for 45 days from the date of the notice. The notice shall advise
interested parties that comments are for information purposes only.
This program will be reaffirmed by public notice annually at the time of
publication of the overall goal. If substantial changes are made to this document,
the entire document shall be subject notification noted in (1) above.
In addition to the forgoing, interested disadvantaged and majority contractor
organizations will receive direct mailings of this complete program.
V. Establishment of Goal
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 established will be subject to methodology and procedures
established in 49 CFR Part 23, Subparts (C) and (D) and take effect on October
1st of each year.
The overall DBE goal established with this initial program is 10 % and covers
the period October 1, 1995 to September 30, 1996.
3
LPP 95-07 Exhibit A
Reengineering, Attachment 4 Disadvantaged Business Enterprises (DBE) Pro.ramPage 4
3. Individual project goals will be established based on the following criteria:
* Attainment of established overall goals.
* Size of project.
* Opportunities for DBEs 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 jurisdictions.
* Availability of certified DBEs.
* Past experience on projects similar to the project being evaluated.
* Such other factors as may affect the utilization of DBEs.
Complete evaluation documentation will be retained for each project.
4. Project which do not contain a specific goal will contain the following provisions:
"Policy. It is the policy of the Department of Transportation that disadvantaged
business enterprises as defined in 49 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 49 CFR Part 23 apply to this agreement."
DBE Obligation. 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 part with Federal funds provide 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 on the basis of race, color, national origin, or sex in the award and
performance of DOT - assisted contracts"
4
LPP 95-07 Exhibit A
Reengineering. Attachment 4 Disadvantaged Business Enterprises (DBE) Pro.ramPage 5
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' Office of Local
Programs. 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.
VIII. 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 matter shall be referred to the City Manager or his designee, for
final determination.
Competitors that fail to meet DBE goal and fail to demonstrate sufficient reasonable
good faith efforts shall be declared non-responsive and ineligible for award of the
contract.
LPP 95-07 Exhibit A
Reengineering. Attachment 4 Disadvantaged Business Enterprises (DBE) ProgramPage 6
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 circumstance 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 indicated 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 contractors, and subcontractors 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
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 DBEs
* Awards to majority contractors
* Final project reports concerning DBE utilization
* Such other data as is needed to fully evaluate compliance with this program
The DBE Liaison Officer shall submit reports to Caltrans and/or to the
appropriate U.S. DOT modal element as required.
LPP 95-07 Exhibit A
Reen~ineering. Attachment 4 Disadvantaged Business Enterprises (DBE) ProgramPage 7
XI. Complaints
Any complaints received by the Agency concerning this program will be investigated by:
Darnell W. Haynes He/She will
endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison
Officer. The appropriate DOT modal element and Caltrans will be furnished a copy of
the compliant and may be invited to participate in the investigation/resolution. The
DOT modal element and Caltrans will receive a complete investigate report on the
compliant and may be requested to concur in the proposed disposition of said
compliant.
Contractors will be directed to notify the Agency of any complaints they may receive
concerning this program.
7
LPP 95-07 Exhibit B
Reen~ineering. Attachment 4 Disadvantaged Business Enterprises (DBE) Program
DISADVANTAGED BUSINESS ENTERPRISES (DBE) ANNUAL PLAN
TO:
CALTRANS DISTRICT 06
District Local Assistance Engineer
The City of Bakersfield requests approval of an annual DBE goal of 10 % for the Federal
Fiscal Year 1995-96, beginning on October 1. 1995 and ending on September 30. 1996.
It is anticipated that the following Federal-aid projects will be advertised during this Fiscal
Year with preliminary DBE participation levels established as shown. (Includes consultant
preliminary engineering and construction contracts anticipated for award.)
Estimated
Contract DBE
Fed. Proj. No. Items Cost Participation
(1) STPLN 5109 $ 1.273~288 $ 127.400
(024)
(2) Pending $ 1.019.200 $ 102.000
(3) $ $
(4) $ $
(5) $ $
Grand Total $ 2.292.488 $ 229.400
DBE 10 %
Type of Work
Hauling
Hauling
(X) This goal meets the 10% minimum Federal requirement.
( ) Since this goal does not meet minimum 10% Federal requirement, an exemption in
accordance with Section 5 is requested.
(Justification for approval is enclosed.)
8
- I ' ' "DBE"
CITY OF BAKERSFELD ORGANIZATIONAL (}HART
CITY COUNCIL
~mT,X k, IANAGER
PUBLIC ',VORKS DIRECTOR
CITY ~,TTORNEY
ASSiSTAI,JT TO THE
PUBLIC ~VORKS DIRECTOR
"DBE" L'AISON OFFICER
STAFF