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HomeMy WebLinkAboutResolution 76-89 RESOLUTION NO. 76-89 A RESOLUTION OF THE CITY OF ATASCADERO ESTABLISHING A POLICY STATEMENT FOR DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND ESTABLISHMENT OF A DBE LIAISON OFFICER IN ACCORDANCE WITH THE CODE OF FEDERAL REGULATIONS 49, PART 23 SECTION 23 .45 AND OTHER RELATED SECTIONS WHEREAS, CFR 49 23 requires the establishment of a Policy Statement and a Liaison Officer with respect to Disadvantaged Business Enterprises ; and WHEREAS, certain City projects receive Federal-Aid funds ; and WHEREAS, the City recognizes the hardships of small business concerns owned and controlled by socially and economically disadvantaged individuals ; and WHEREAS, the minimum acceptable goal for contracts is 10% DBE. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero does hereby establish the policy to utilize Disadvantaged Business Enterprises (DBE) in all aspects of contracting to the maximum extend feasible . This policy is fully described herein on Exhibit A which constitutes policy and commitment to substantially increase Disadvantaged Business Utilization. This policy includes any program activity funded wholly or in part by any U.S. Department of Trnasportation model element . This City, its contractors and subcontractors , which are the recipients of Federal-Aid funds , agree to ensure that DBE firms have the maximum opportunity to participate in the performance of contracts and subcontracts . In this regard, this city and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR 23 to ensure that DBE firms have the maximum opportunity to compete for and perform contracts . • 0 On motion by Councilperson Mackey and seconded by Councilperson Shiers the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: Councilmembers Shiers, Mabkey, Borgeson and Mayor Dexter. NOES: None. ABSENT: Councilman. Lilley DATE: October 30, 1989 ATTEST: 01 e% BOYD C. SHARITZ ROLLIN DEXTER City Clerk Mayor APPROVED AS TO FORM APPROVED AS TO CO;4TENT /)%-W� W *yA O. ENSEN RAY WI OR ey City Manager Adopt Foliay Statment II . Disadvantaaed Business Enterprise (DBE) Liaison Officer Gary Sims , Senior Civil Engineer, is the DBE Liaison Officer for this agency and shall report to the City Manager . He/She will be assigned such staff as is necessary to fully implement the provisions of 49CFR Part 23 and such other DBE programs as may be required. The reporting structure and duties of support staff are shown on Attachment III . Duties of 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 are found necessary, to increase DBE utilization, they will be made in con- sultation 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 , phone number, ethnic and/or sexual ownership, type of work performed by firm. - Prior to approval of the substitution of any DBE sub- contractor, the prime contractor will be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. - Establish overall goals for disadvantaged business enterprises . Goals shall be evaluated annually and adjusted as necessary. - Establish appropriate individual project goals for disadvantaged business enterprises . All projects will be evaluated for the appropriatness of goals . i - Perform good faith analysis when project goals are 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 the submittal of this program to the State Deaprtment of Transportation, a notice in both minority and majority local media will be published. Said publication shall include; - The annual overall DBE goals . - Inform the public that the goals and a description of how they are set are available for public inspection for a period of 30 days . - Inform the public that both U.S. DOT and this agency will accept comments on the goals for 45 days from the date of the notice. - The notice shall advise interested parties that comments are for information purposes only . 2 . This program will be reaffirmed by public notice annually at the time of publication of overall goals . If substantial changes are made to this document , the entire document shall be subject to notification noted in (1) above. 3 . In addition to the foregoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. V. Establishment of Goals 1 . DBE goals 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 49CFR 23, Subparts (C) and (D) and take effect on October lst of each year . 2 . The overall goals established with this initial program is 10% DBE; and covers the period of October 1 , 1987 to September 30, 1988. 3. Individual project goals will be established for DBE activity 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 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 DBE' s . - Past experience on projects similar to the project being evaluated. - Such other factors as may effect the utilization of DBE. - Complete evluation documentation will be retained for each project . 4 . Projects which do not contain specific goals will contain the following provisions ; A. "Poli. It is the policy of the City of Atascadero 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 ." B. "DBE Obligation . W The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with 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 on 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 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 DBE project goals . DBE assistance centers will receive notification of projects scheduled to be advertised. Assistance Centers , Minority Business Development Centers and Program Management 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 Goals Every project containing DBE goals shall be evaluated by the DBE Liaison Officer or his/her designee to ascertain bidding contractors' efforts to attain the DBE goals. The award of any project with DBE goals 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 City Council or his/her designee for final determination . Competitors that fail to meet the DBE goals and fail to demonstrate sufficient reasonable good faith efforts shall not be eligible to be awarded the contract . Any contracts that contain DBEoals pursuant to this 9' 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 thee DBE provision is questionable. The contractor shall submit a final report for each project with DBE goals which includes total payments to the prime contractor as well as payments the prime contractor has made to DBE subcontractors , vendors and suppliers . If the report indicates the prime contractor has not achieved the project goals , project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goals 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 . Set-Asides If determined necessary by the DBE Liaison Officer, DBE Set-Asides will be considered a tool to achieve annual overall goals . X. 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 . XI . 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 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 element as required. These reports will include: - Number and dollar value of contracts awarded. - Number and dollar value of contracts and sub- contracts awarded to DBE' s . - Description of general categories of contracts awarded to DBE' s . - The percentage of the dollar value of all contracts awarded during the year which were awarded to DBE' s . - Indication as to the extent of which the percentage met or exceeded the overall goals . - Reports shall be broken down separately by ethnic grouping and sex . XII . Complaints Any complaints received by the Agency concerning this program will be investigated by the City Manager. 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 . Contractor will be directed to notify the Agency of any complaints they may receive concerning this program. ATTACHMENT "B" DBE ANNUAL PLAN TO: CALTRAIIS DISTRICT 05 Local Streets and Roads Civil Rights Coordinator The CITY of ATASCADERO requests approval of annual overall goal of 10 DBE for Fiscal Year 1989_-90 beginning on July 1 1989 and ending on Jung 30, 1990 • It is anticipated that the following Federal-Aid Highway projects will be advertised during this Fiscal Year with preliminary DBE participation levels established as shown. ( Include consultant preliminary engineering and construction contracts anticipated for award. ) V ESTT14ATED PROJECT CONTRACT DBE DESCRIPTION IT2.41S COST PARTICIPATION TYPE OF WORM Monterey (1) Road Bridge $_ 280,000 $ ?8,00 mod ( onafi�tirri nn Sycamore (2) Road Bridge $ 400,000 $ 40,000 rBridge Construction San Andres $ (3)Road Bridee �Q nnr� Bride Construction — Garcia �Rn_nnn �� -- Garcia Road wBridge Constructidn (4) Bri deg $ $ 15 ncan West Mall (5) Signal _- $ 160 000 $ 16.000 GIZAND TOTAL $ 1,270,000 $ 127,000 DBE 10 $ ...._� Gary Sims 10/30/89` DATE : � D3E LIAISON OFFICER . ATTACHMENT "C" THIS CITY OF ATASCADERO FOR FEDERAL-AID HIGHWAY PROJECTS HAS SET •AN ANNUAL GOAL FOR THE 1989-1990 FISCAL YEAR OF 0 FOR DISADVANTAGED BUSINESS ENTERPRISES (DBE) . THE GOAL ESTABLISHMENT PROCEDURE WILL BE AVAILABLE FOR PUBLIC INSPECTION FOR A PERIOD OF 30 DAYS AT CITY HALL 6500 PALMA AVENUE IN THE PUBLIC WORKS OFFICE. COMMENTS ON THESE GOALS WILL BE RECEIVED IN THE ABOVE- MENTIONED OFFICE AND BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION, WASHINGTON, D. C. ? FOR A PERIOD OF 45 DAYS FROM THE DATE OF THIS NOTICE.