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HomeMy WebLinkAbout92-631 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-63 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, April 21, 1982, by Resolution No. 82-55, adopt a Minority Busines~ Program; and WHEREAS, said Program has been renamed as Disadvantaged Busines Enterprise Program; and WHEREAS, said adopted Program is required to be update. annually; and WHEREAS, said annual update, when approved by the proper Stat, and Federal agencies, will insure City eligibility for Federal funds NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cit, of Ukiah does hereby adopt the update of the City of Ukia Disadvantaged Business Enterprise Program, a copy of which i attached hereto, and directs the City Manager to transmit copies o the adopted Updated Program to the required State and Federa agencies for approval. PASSED AND ADOPTED this 3rd day of June 1992, by the following roll call vote: AYES-Councilmembers McMichael, Wattenburger, Sho.~ker, Schneiter NOES- None ABSENT- None C ty Clez B 'RES1 'Dt /j~ Mayor Henderson ~ol~en B. Hen~d~son Mayor CITY OF UKIAH DISADVANTAGED BUSINESS ENTERPRISE PROGRAM I. Policy 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. Th~s 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 funds, agree to ensure that minority/disadvantaged business enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, the City of Ukiah and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR 23 to ensure that minority/disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. R:PW9 DISADVANTAGED PROGRAM C~rles L Rough, City Manager II. Disadvantaged Business Enterprise (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 shown on Attachment A. III. Duties of the 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 consultation and cooperation with the functional unit involved. Provide assistance 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 full extent of services offered by banks owned and controlled by minorities or women. Ensure that, where 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 replace 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 project goals for minority/disadvantaged and female business enterprises. Maintain 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 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 project 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 conformance with the above criteria. Complete documentation of every project so evaluated will be retained. VI. Public Notification At the time of submittal of this program to the DOT, the C~ty of Ukiah will publish a notice in both minority and majority local media. Said publication shall: Announce the City of Ukiah's overall goals. Inform the public that the goals and a description of how they were set are available for public inspection for a period of 30 days. Inform the public that both the DOT and the City of Ukiah 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 informational purposes only. In addition to the foregoing, interested minority and majority contractor organizations will receive direct mailings of the complete program with a request that they provide written 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 which 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. VIII. DBE Notification Ail 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. Ail assistance centers funded by the U.S. Department of Commerce (M~nority 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 owned 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 situation in which regularly scheduled progress payments are not made to DBE subcontractors, vendors, or suppliers. XI. Set-Asides If determined necessary by the DBE Liaison Officer, the City of Ukiah will consider the 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. XIII. Records and Reports The DBE Liaison Officer shall maintain such records and provide such reports as are necessary to ensure full compliance with this policv. 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 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 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 to 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 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 said complaint. Contractors will be directed to notify the City of Ukiah of any complaints they may receive concerning this program. XVI. Overall DBE Goal Methodology Airport Sponsor: Name of Preparer: Goal Period: Overall DBE Goal: City of Ukiah, California Paul Ammendolia, Telephone No. (707) 463-6283 From: 7/1/91 Through: 6/30/92 10% * If the goal is less than 10%, attach required justification. Methodology for Establishing Overall Goal: Project Items Professional Services Construction Amount $ DBE $ 64,045 -0- 436,661 $64,162 TOTAL $500,706 $64,162 PROFESSIONAL SERVICES: Item Description Plan and Design Testing $ Amount $ DBE $54,055 -0- 9,990 -0- TOTAL $64,045 -0- The Federal share of all estimated contract costs shown is 90%. Land, in-house work, and other noncontractual costs are not in~uded in the goal-setting or reporting process. NOTE: Sponsors and their contractors may meet DBE goals by using the breakout in the methodology or by using any other breakout. CONSTRUCTION: Contract 1: Improvements and Signalization. Item Description 1. Clearing, grubbing and removal 2. 2,000 C.Y. earthwork 3. Catch basins 4. Catch basen gallery 5. Field drains 6. 18" storm drain 7. 24" storm drain 8. SDMH cover 9. Aggregate base 10. AC pavement Construction of. South State Street $23,636 $ -0- 33,795 -0- 7,500 -0- 600 0 3,600 -0- 11,088 -0- 33,456 -0- 1,000 -0- 45,144 -0- 95,381 -0- $ Amount $ DBE Item Description 11. PCC curb and gutter 12. PCC sidewalk 13. PCC pavement 14. PCC driveway 15. Tree planting 16. Erosion control 17. Traffic signal modification 18. 3-Phase traffic signal 19. Traffic stripes & markers 20. Chain link fence 21. Adjust valves to grade, etc. 22. Relocate sign 23. Relocate mailbox 24. Irrigation 25. Crack sealing 26. Roadside signs $ Amount 26,202 32,112 2,911 437 14,796 2,500 27,000 43,536 7,512 1,200 4,050 300 200 12,617 5,500 588 $ DBE 26,202 32,112 2,911 437 14,796 2,500 0 --0-- --0-- --0-- --0-- 0 --0-- --0-- --0-- --0-- Construction Total Plus Professional Services $436,661 64,045 $64,162 --0-- TOTALS $500,706 $64,162 Previous Year's Goals: DBE: 10% Previous Year's Accomplishment DBE: 12.8% EQUIPMENT Item Description $ Amount $ DBE None -0- -0- LAND Item Description $ Amount $ DBE None 0 -0- NONCONTRACTUAL Item Description None $ Amount $ DBE 0 --0-- Explanation for Not Achieving Previous Year's Goals (if applicable). NOT APPLICABLE ~xp]anation for Not Increasing Goal Above Previous Year's Accomplishments (if applicable). It would not be reasonable to attempt increase DBE goal percentages based upon last year's results because projects of this nature and size are not a yearly occurrence. Narrative description of Overall DBE Methodology In the past fifteen (15) years there have been only four (4) projects involving Federal financial participation. Last year's DBE participation was higher than the 10% goal, although the three (3) other projects had difficulty achieving the 10% goal. Mendocino County and the surrounding Counties in this geographical area have very few DBE contractors to draw from and because very few large projects involving Federal participating exist, it is a rare occurrence that DBE contractors are attracted to the area from further away than the immediate surrounding Counties. Last year's project involving Federal financial participating was a street improvement project involving a wide variety of sub-contractors. A DBE sub-contractor from Sonoma County as well as a DBE sub-contractor from Sacramento County participated in portions of the contract. Due to the wide variety of sub-contractors required for a project of this nature, DBE goals were reached, (even exceeded). One project involving Federal financial participation may begin this year at the City of Ukiah Municipal Airport. Taxi-way lighting is to be installed. Our Eningeer's estimate for this project is attached. Several DBE electrical sub-contractors are witin the immediate area, and the electrical portion of this contract is substantial enough to assume the 10% goal will be reached again this year. 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. ATTACHMENT A Mr. Bill R. Beard, City Engineer, as DBE Liaison Officer for the City of Ukiah, will use Mr. Robert A. Hunt, Civil Engineering Assistant, and any necessary members of the Engineering Department staff for the administration of the DBE program.