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
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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
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