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HomeMy WebLinkAboutRES NO 159-97 159-97 RESOLUTION NO. RESOLUTION ADOPTING THE CITY OF BAKERSFIELD DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR USE ON FEDERALLY FUNDED HIGHWAY IMPROVEMENT PROJECTS IN THE CITY OF BAKERSFIELD FOR FISCAL YEAR 1997-98. 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 Depm'tment 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 by 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, 1997; BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to sign and submit the Program to Caltrans .......... o0o .......... (3:\GROUPDAT~LEOAL\i 997~RESDBE. wpd DWH:eah -1- 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 OCT 2 2 1.q.q7, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk o~he Council of the City of Bakersfield APPROVED OCT 2 ~ 1997 MAYOR of Bakersfield APPROVED astoform: JUDY K. SKOUSEN CityAttorney Assistant City Attorney Attachments Exhibit A S:~COUNCIL~RES~SIGN.PG OR.G ",,. LPP 97-07 Exhibit A Reengineering, Attachment 4 Disadvantaged Business Enterprises (DBE) Program ~ 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 contracfng 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 all reasonable steps in accordance with 49 CFR Part 23 to ensure that DBE firms have the maximum opportunity to compete for and perform contracts. Public Works Director Damell W. Haynes Assistant to the Public Works Director LPP 97-07 Exhibit A Reengineering, Attachment 4 Disadvantaged Business Enterprises (DBE) Program Page 2 II. Disadvantaged Business Enterprise (DBE) Liaison Officer Damell 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 ovemoming 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 97-07 Exhibit A Reengineering, Attachment 4 Disadvantaged Business Enterprises (DBE) Program P_age~ 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, 1997 to September 30, 1997. 3 LPP 97-07 Exhibit A Reen~neering, Attachment 4 Disadvantaged Business Enterprises (DBE) Program Pa~e 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 97-07 Exhibit A Reengineering, Attachment 4 Disadvantaged Business Enterprises (DBE) Program Page 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. Shotfid 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. 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. LPP 97-07 Exhibit A Reengineering, Attachment 4 Disadvantaged Business Enterprises ¢DBE) Program P_.age~6 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 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 DBEs * Awards to majority contractors * 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 modal element as required. 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. 6 LPP 97-07 Exhibit B Reeneineering, 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 1997-98, beginning on October 1. 1997 and ending on September 30. 1998. 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.) Fed. Pr~. No. (1) CMLN-5109 (08) (020 - 023) Estim~ed Contract DBE Items Cost Partic~mion $ 699.400 $ 70.000 (2) CMLN-5109 $ 265.600 $ 26.600 (029) (3) PENDING $ 1,434,000 $ 143,400 (4) PENDING $ 976.000 $ 98.1300 Grand Total $ 3,375,000 $ 338,000 DBE 10 % Type of Work ELECTRICAL AND ELECTRICAL SUPPLIES ELECTRICAL AND ELECTRICAL SUPPLIES STREET RESURFACING CHESTER AVE. STREETSCAPE (X) This goal meets the 10% minimum Federal requirement. ( ) Since this goal does not meet m'mimum 10% Federal requirement, an exemption in accordance with Section 5 is requested. (Justification for approval is enclosed.) DBE Liaison Officer 7