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HomeMy WebLinkAbout91-54 5 6 ? 9 10 11 12 15 16 17 19 20 21 25 26 27 91-54 RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING UPDATE OF DISADVANTAGED BUSINESS ENTERPRISE PROGRAM WHEREAS, the City Council of the City of Ukiah did, on April 21, 1982, by Resolution No. 82-55, adopt a Minority Business Program; and WHEREAS, said Program has been renamed as Disadvantaged Business Enterprise Program; and k~EREAS, said adopted Program is required to be updated annually. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does hereby adopt the update of the City of Ukiah Disadvantaged Business Enterprise Program, a copy of which is attached hereto, and directs the City Manager to transmit copies of the adopted Updated Program to the required State and Federal agencies for approval. PASSED AND ADOPTED this 5 day of dune 1991 , by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and MAyor Henderson NOES: None ABSENT: Councilmember McMichael AT'T: /, /y" ~R:Re$1, ~/ UPDATE BUSINESS PROGRAM CITY OF UKIAH DISADVANTAGED BUSINESS ENTERPRISE PROGRAH I. ~91~c7 Statement It is the policy of the City of Ukiah to utilize Disadvantaged Business Enterprises (DBE's) in all aspects of contracting to the maximum extent feasible. This policy is fully described in the City of Ukiah Disadvantaged Business Enterprise Program which constitutes City policy and a commitment to substantially increase Disadvantaged Business and Female Business Utilization. This policy includes any program or facility funded wholly or in part by any U.S. Department of Transportation (DOT) model element, through the City of Ukiah. The City of Ukiah, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ensure that minority/disadvantaged business enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In chis regard, the City of Ukiah and all of its contractors and subcontractors will Cake all reasonable steps in accordance with 49 CFR 23 to ensure that minority/disadvantaged business enterprise~ have the maximum opportunity to compete for and perform contracts. R:PW9 DISADVANTAGED PROGtLa/~ . Charles L. Rough, Jr. City Hanager II. Disadvantaged Business Ent~rprise (DBE) Liaison Officer Mr. Bill R. Beard, City Engineer, is the DBE Liaison Officer for the City of Ukiah and shall report to the City Manager. Mr. Beard will be assigned such staff as is necessary to implement fully 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 sho~n on Attachment A. III. Duties of the Liaison Officer The DBE Liaison Officer shall develop, manase, 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 DBEes. ~rhere such changes are found necessary to increase DBE utilization, they will be made in consultation and cooperation with the functional unit involved. Provide assistance to DBE'a 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 full extent of services offered by banks ovned and controlled by minorities or women. Ensure that, ~here possible, the · City utilizes said banks. Utilize a listing of DBE*s certified by the State of California. Said listing to be made available to all bidders on City projects. Such listing shall include, at a minimum, the following information: Name, address, telephone number, ethnic and/or sexual ownership~ type of work performed by firm. Approve any removal and/or substitution of a DBE during contract performance. Prior to approval of substitution and/or removal of a DBE, prime contractors will be required to prove performance of good faith efforts to r~place the DBE with another eligible DBE. Establish overall project goals for both minority/disadvantaged and female business enterprises. Goals shall be evaluated on June 30 of each year and adjusted as necessary. Establish individual proJ.ect goals' ~or minority/disadvantaged and female business enterprises. AIl projects with an estimated cost of $100,000 or more will be evaluated for the appropriateness of goals. ffaintain such documentation as is necessary to verify the City of Ukiah~s performance of the above activities. IV. Establishment of Overall City of Ukiah Goal The City will establish an overall goal for its use of DBE's. This goal will be updated annually as of June 30, of each year. The City of Ukiah's overall goal and the methodology used to determine the goal for the fiscal year beginning July 1, 1991 is shown on Attachment B. V, Contract Coals All projects with an estimated value of $100,000 or more receiving DOT funds will be evaluated for the appropriateness of DBE goals. Projects will be evaluated and goals established, utilizing the following criteria: Size of project. Opportunities for DBE's as subcontractors, vendors, suppliers. Minority population of county in which work is to be performed. Existing DBE goals utilized in the pro.iect 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~s. Each project 'will be evaluated in ~onformance with the above criteria. Complete documentation of every project so evaluated viii be retained. Contracts which do not contain specific goals viii contain the following provisions: .. (1) "Policy. It is the policy' of the City of Ukiah that minority/disadvantaged business enterprises as defined in ~9 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." (2) "DBE Obligation. (i) The recipient or its contractor agrees to ensure that minority/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 provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with the 49 CFR Part 23 to ensure that minority/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." DBE use on projects without, goals will be reported to the Liaison Officer and will be included in City of Ilkiah reports to Caltrans and to the appropriate DOT ehment. DBE use on such projects will be counted toward attainment of the overall City goal. VI. Public Notification At the time of submittal of this program to the DOT, the City of Ukiah will publish a notice in both minority and majority local media. Said publication shall: · Announce the City of Ukiah's overall goals. Info~ the public that the goals and a description of hov they were sec are available for public inspection for a period of 30 days. In£orm the public that both the DOT and the City of Ukiah will accept comments on the goals for 45 days from the dace of the notice. The notice shall advise interested parties that comments are for informational purposes only. In addition to the foregoing, interested minority and majority contractor organizations viii receive direct mailings of the complete program with a request that they provide vritten comments to the City of Ukiah on the program. VII. Contract Procedure This plan shall be implemented through the utilization of a contract special provision vhich is attached hereto. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the work to be performed by each and/or material to be furnished, and the dollar value of each DBE subcontract. VlII.DBE Notification All DBE's on the State of California certified DBE listing will receive appropriate notification of projects scheduled to be advertised. DBE assistance centers will also receive notification. All assistance centers funded by the U.S. Department of Commerce (Minority Business Development Administration) and designated as State Plan Rooms will receive complimentary plans and specifications for projects within their geographical area of responsibility. IX. Minority and Female Owned Banks The City of Ukiah will encourage all contractors to use the services of banks o~-ned and controlled by minorities or females. This encouragement will be disseminated during pre-bid and pre-construction conferences (if scheduled) and in contract specifications. X. Selection Criteria for Contracts with DBE Goals Every contract containing DBE goals' shall be evaluated by the DBE Liaison Officer or his designee to ascertain bidding contractor's 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 designee before said · contract may be awarded. Should there be disagreement between City of Ukiah 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 the DBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible for award of the contract. Any contracts that contain DBE goals, 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 advised immediately of any circumstances wherein contractor compliance with the DBE provision is questionable. The contractor shall submit a final report which includes total payments to the prime contractor as well as payments the prime contractor has made to DBE subcontractors, vendors, and suppliers for each project with DBE goals. 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 a statement of any corrective action taken. Prime contractors will be required to notify City of Ukiah personnel of any ~ituation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors, or ~uppliers. Set-Asides If deter~ined necessary by the DBE Liaison Officer, the City of Ukiah will consider ~he use of DBE set-asides as a tool to achieve the overall City goal. .. XII. Counting DBE Participants The City of Ukiah, 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. llII.Records and Report~ 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 follovin~ information: Procedures which have been adopted to comply with this DBE policy. Awards to majority contractors. Final project reports concerning DBE utilization. Such other data as is needed to evaluate fully City of Ukiah compliance with this program. The DBE Liaison Officer shall submit reports to Caltrans and to DOT elements as required. These reports viii include: Number and dollar value of contracts awarded to the DBE's. Description of general categories of contracts awarded to DBE's. The percentage of the dollar value of all contracts awarded during the quarter which were awarded to DBE's. Indication as to the extent the percentage met or exceeded the .. overall City goal. Reports shall be broken down separately by ethnic grouping and sex. XIV. DBE Listing The City of Ukiah will utilize a listing of firms certified to be Disadvantaged Businesses by the State of California in accordance with the DOT Order. This listing viii be developed and maintained in accordance with Sections 23, 51, 23.53~ 23.55, and 23.87 of 49 CFR. This listing shall be made available Lo prospective contractors at no charge. Contractors will be permitted to rely upon the authenticity of firms listed in this directory. A contractor desiring to use a DBE not included in the State of California certified listing will be allowed to do so, but will be required to provide the appropriate certification from the DBE before such participstion is counted towards award of the project. XV. Complaints Any complaints received by the City of Ukiah concerning this program will be investigated by the City, The City will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Officer. The appropriate DOT element will be furnished a copy of the complaint and invited to participate in the investigation/resolution. The DOT element will receive a complete investigative report on the complaint and will be requested to concur in the proposed disposition of.~aid complaint, .. Contractors will be directed to notify the City of Ukiah of any complaints they may receive concerning this program. ATTACHNENT A Hr. Bill R. Beard, City Engineer, as DBE Liaison Officer for the City of Ukiah, ~ill use Mr. Robert A. Hunt, Civil Engineering Assistant, and any necessary members of the Engineering Department staff for the administration of the DBE program. ATTACHMENT B METHODOLOGY FOR ESTABLISHING GOAL AND OVERALL GOAL FOR CITY OF UKIAH DISADVANTAGED BUSINESS PROGRAM The population mix in Mendocino County, as determined by the. 1990 Census, is as follows: Categor~ Number of Residents Caucasian 67,775 Hispanic 8,248 Indian, Eskimo Aleut 2,900 Other 74 Asian, Pacific Islander 866 Black 482 Percent of County Total 84.3 10.3 3.6' 0.1 1.1 0.6 TOTAL 80,345 100.0 Approximately 137 formal contracts have been .awarded by the City Council during the past 13 years. The prime, contractors for these projects included one 1001 Female-o~rned firm, and one Asian owned firm. Three projects were awarded to a locally based contractor with a Spanish Surname. Ten percent of one project funded by the Employment Development Agency (EDA) was subcontracted to a DBE. The prime contractor for the EDA pro3ect had difficulty meeting the ten percent subcontractor requirement. The DBE employed vas from the greater San Francisco Bay area. XllI.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: Procedures which have been adopted to comply with this DBE policy. Awards to majority contractors. Final project reports concerning DBE utilization. Such other data as is needed to evaluate fully City of Ukiah compliance with this program. The DBE Liaison Officer shall submit reports to Caltrans and to DOT elements as required. These reports will include: Number and dollar value of contracts awarded to the DBE's. Description of general categories of contracts awarded to DBE's. The percentage of the dollar value of all contracts awarded during the quarter which were awarded to DBEts. Indication as to the extent the percentage met or exceeded the .. overall City goal. Reports shall be broken down separately by ethnic grouping and sex. XIV. DBE Listing The City of Ukiah will utilize a listing of firms certified to be Disadvantaged Businesses by the State of California in accordance with the DOT Order. This listing will be developed and maintained in accordance with Sections 23, 51, 23.53, 23.55, and 23.87 of 49 CFR. This listing shall be made available Lo prospective contractors at no charge. Contractors will be permitted to rely upon the authenticity of firms listed in this directory. A contractor desiring to use a DBE not included in the State of California certified listing will be allowed to do so, but will be required to proVide the appropriate certification from the DBE before such participation is counted towards award of the project. XV. Complaints Any complaints received by the City of Ukiah concerning this program viii be investigated by the City. The City will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Officer. The appropriate DOT element will be furnished a copy of the complaint and invited to participate in the investigation/resolution. The DOT element viii receive a complete investigative report on the complaint and will be requested to concur in the proposed disposition of ~aid complaint. Contractors ~ill be directed to notify the City of Uktah of any complaints they may receive concerning this program. In general, the volume of construction projects in the Mendocino County area is not sufficient to attract DBE firms to establ'ish themselves here or even to bid for any portion of the work. Based upon the above, the City'of Ukiah has determined the following goal for the Ukiah DBE Program: Overall Goal for Disadvantaged Participation: ' 10~ The above established goal shall remain in effect until June 30, and shall thereafter be updated annually by or before June 30 of each year. R:PW9 DISADVANTAGED PROGRAM