HomeMy WebLinkAbout4483_CCv0001.pdf RESOLUTION NO. 4483
A RESOLUTION OF THE CITY OF REDLANDS ESTABLISHING
A DISADVANTAGE BUSINESS ENTERPRISE (DBE) PROGRAM AND
APPOINTING A DBE LIAISON OFFICER AND ESTABLISHING DBE GOALS
WHEREAS , 49CFR Part 23 heretofore requires a Dis-
advantage Business Enterprises (DBE) Program for recipients
of Department of Transportation funds; and
WHEREAS , the Federal Register states that all
sub-recipients of Department of Transportation funds must
prepare their awn DBE Program; and
WHEREAS , the City of Redlands intends to be a sub-
recipient of Department Transportation funds;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Redlands as follows:
1 . The City hereby adopts the DBE Program, which is
attached hereto and made a part of this resolution;
2 . The City Engineer, Ronald C. Mutter, is hereby ap-
pointed as the DBE Liaison Officer whose duties and
responsibilities are defined in the DBE Program;
3 . The following DBE goals are established for the
period of October 1 , 1988 to September 30 , 1989:
Disadvantage Business: 10%
APPROVED AND ADOPTED this 7th day of March, 1989 .
Mayor of the City of Redlands
ATTEST. '
City lerkL.1
I , Lorrie Poyzer , City Clerk of the City of Redlands , hereby
certify that the foregoing resolution was duly adopted by the
City Council at a regular meeting thereof held on the 7th day of
March , 1989 , by the following vote:
AYES : Councilmembers Wormser, DeMirjyn, Cunningham;
Mayor Beswick
NOES : None
ABSENT: None
Ci erk
Resolution No. 4483
Page two -
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
CITY OF REDLANDS
ENGINEERING SERVICES DEPARTMENT
30 CAJON STREET, P.O. BOX 3005
REDLANDS, CA 92373
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM
CITY OF REDLANDS
I . Policy Statement
It is the policy of the City of Redlands to utilize
Disadvantaged Business Enterprises (DBE) and firms as
defined in 49CFR Part 23 in all aspects of contracting
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 model 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 49CFR 23 to ensure that DBE and firms
have the maximum opportunity to compete for and perform
contracts .
F'
Mayor , City of Redlands
City Clerk
-2-
TT . Disadvantaged Business Enterprise (DBE) Liaison Officer
Ronald C. butter , City Engineer , is the DBE Liaison
Officer for this agency and shall report to the City
Manager . He will be assigned such staff as is necessary
to fully implement the provision of 49CFR Part 23 and.
such other DBE programs as may be required . The report-
ing structure and duties of support staff are shown on
Attachment A.
III . Duties of the 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:
o Develop and carry out technical assistance programs
for DBE' s .
o 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.
-3-
o Provide guidance to DBE ' s in overcoming barriers ,
such as inability to obtain banding or financing .
o Carry out information and communication programs on
contracting opportunities in a timely manner .
Programs shall be bilingual where appropriate .
o Investigate the services offered by banks owned and
controlled by Disadvantaged Business Enterprises .
o 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, Dame, address , telephone number ,
ethnic and/or sexual ownership, and type of work
performed by firm.
o 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 .
o Establish a DBE overall annual goal . The goal
shall be evaluated annually and adjusted as
necessary.
- 4 -
o Establish an appropriate individual project DBE
goal for each Federal Aid Project advertised .
o Perform good faith anal-lysis when the project goal
is not achieved .
o Maintain such documentation as is necessary to
verify performance of all activities included in
this program.
IV. Public Notification
1 . 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:
o The annual overall DBE goal .
o Notification that a description of how the
goal was set is available for public inspec-
tion for a period of 30 days .
5
o Notification that both U.S . DOT and this
agency will accept comments on the goal for 46
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 publicati.cn of overall
goal . 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 dis-
advantaged and majority contractor organizations
will receive direct mailing of this complete
prociram.
V. Establishment of Gaal
1 . The DBE goal will be established both annually
(overall) and on a per contract basis . The over--
all 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 .
-6-
2 . The overall DBE goal established with this initial
program is 10% and covers the period October 1 ,
1988 to September 30 , 1989 .
3 . Individual project goals will, be established based
on the following criteria:
o Attainment of established overall goals .
o Size of project .
o Opportunities for DBE ' s as subcontractors,
vendors , and suppliers .
o Minority population of geographic area in
which cork is to be perforrued .
o DBI" goals being utilized in the geographic
area by other State, Federal or local juris-
dictions .
o Availability of certified DBE' s .
o Past experience on projects similar to the
project being evaluated .
o Such other factors as may effect the utili-
zation of DBE' s .
-7-
Complete evaluation documentation will be retained for
each project .
4 . Projects which do not contain a specific goal will
contain the following provisions:
A. "Policy. It is the policy of the Department
of Transportation that disadvantaged business
enterprises as defined in 49CFR 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 49CFR Part 23 apply to this agreement.'
B. "DBE Obligation . ( i) The recipient or its
contractor agrees to ensure that disadvantaged
business enterprises as defined in 49CFR Part
23 have the maximum opportunity to participate
in the performance of contacts and subcon-
tracts 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 49CFR 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
ba::is of race , color, national origin, or sex
in t1je ai- and and performance of DCT-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 DEF, subcontractors and
suppliers, a. descripticn 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 .
-9-
DBE supportive service assistance centers will receive
notification of projects scheduled to be adverti"ed .
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 proiects With DBE Goal
Every project containing a DBE goal shall be evaluated
by the DBE Liaison Officer or his 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 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 the City Manager or his designee,
for final determination .
Competitors that fail to meet the 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
-lc-
Liaison Officer is to be immediately advised of any
circumstances 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 indicates 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 .
IX . Set-Asides
If determined necessary by the DBE Liaison Officer , DBE
Set-Asides will be considered as 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 Regulaticns .
-11-
XT . 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:
o Awards to DBE' s .
o Awards to majority contractors .
o Final project reports concerning LOBE
utilization .
o Such other data as is needed to fully evaluate
compliance with this program.
2 . The DBE Liaison. Officer shall submit report: to
Caltrans and/or to the appropriate U.S . DOT element
as required . These reports will include:
o Number and dollar value of contracts awarded .
o Number and dollar value of contracts and
subcontracts awarded to DBE' s .
o Description of general categories of contracts
awarded to DBE' s .
-12-
o The percentage of the dollar value of all
contracts awarded during the year which were
awarded to DBE' s .
o Indication as to the extent of which the
percentage met or exceeded the overall goal.
o Reports shall be broken down separatel1 by
ethnic grouping .
XII . Co_ Mji ints
Any complaints received by the Agency concerning this
program will be investigated by the City Manager . He
will endeavor to resolve said complaints within 90 Gays
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 .
Contractors will be directed to notify the Agency of any
complaints they may receive concerning this program.
-13-
ATTACHMENT A
Orjanizaticn Chart Duties
CITY MANAGER Insure that DBE Policy is
John Holmes implemented as adopted by City
Council .
Take appropriate action to
resolve disagreement .
LIAISON OFFICER See Section III of Policy .
Ronald C . Mutter
PUBLIC WORKS INSPECTOR Assist the Liaison Officer in
insuring contractor compliance
through receiving reports and
taking interviews, then making
field observations and keeping
records in daily diary of
contract activities .
ATTACHMENT B
The City of Redlands has set the following annual goals for
participation in projects receiving U.S . Dot Funds by DBE
contractors for the period October 1 , 1988 through September
30 , 1989 . DBE: 10% .
These goals are based on the following:
1 . Number and types of contracts to be awarded.
2 . Number and types of DBE contractors likely to be
available to compete for contracts .
3 . Other information you wish to use .
ATTACHMENT C
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISIONS
Annexed to Contract No . 22-9504-4230
SECTION 1 . SPECIFICATIONS AND PI1,11S
The work embraced herein shall be done in accordance
with the Standard Specifications dated January, 1988, and the
Standard Plans dated January, 1988, of the Department of
Transportation insofar as the same may apply and in
accordance with the following special provisions .
In case of conflict between the Standard Specifications
and these special provisions, the special provisions shall
take precedence over and be used in lieu of such conflicting
portions .
SECTION 2 . PROPOSAL REQUIREMENTS AND CONDITIONS
2-1 .01 GENERAL.--The bidder' s attention is directed to
the provisions in Section 2, "Proposal Requirements and Con-
ditions," of the Standard Specifications and these special
provisions for the requirements and conditions which he must
observe in the preparation of the proposal form and the
submission of the bid .
The United States Department of Transportation will not
consider for award any bid proposals submitted by any con-
tractor, and will not consent to subletting any portions of
the contract to any subcontractor , of a foreign country
during any period in which such foreign country is listed by
the United States Trade Representative as discriminating
against U.S. firms in conducting procurements for public
works projects . In addition, no product of any such listed
country shall be permanently incorporated into the project .
This special provision applies to the participation of
contractors, subcontractors and products of the following
countries which have been listed by the United States Trade
Representative:
JAPAN
For purpose of these special provisions:
(a) Any contractor or subcontractor who is a
citizen or national of a foreign country or is
controlled directly or indirectly by citizens of
nationals of a foreign country, shall be considered to
be a contractor or subcontractor also include any
partner in a Joint venture .
(b) Any product, of which 50 percent or more of
its cost is attributable to production or manufacturing
in a foreign country, shall be considered to be a
product of such foreign country.
The form of Bidder' s Bond mentioned in the last para-
graph in Section 2-1 .07 , "Proposal Guaranty," of the Standard
Specifications will be found following the signature page of
the proposal annexed hereto.
2-1 .02 DISADVANTAGED BUSINESS .--This project is subject
to Part 23 , Title 49 , Code of Federal Regulations entitled
"Participation By Minority Business Enterprise In Department
of Transportation Programs ." The Regulations in their
entirety are incorporated herein by this reference.
Bidders shall be fully informed respecting the re-
quirements of the Regulations and the Department' s Dis-
advantaged business (DBE) program developed pursuant to the
Regulations; particular attention is directed to the
following matters:
(a) A DBE must be a small business concern as
defined pursuant to Section 3 0£ U .S. Small Business Act
and relevant regulations promulgated pursuant thereto;
(b) A DBE may participate as a subcontractor ,
joint venture partner with a prime or subcontractor, or
vendor of material or supplies;
(c) A DBE joint venture partner must be respon-
sible for a clearly defined portion of the work to be
performed in addition to satisfying requirements for
ownership and control .
The DBE joint venturer must submit either Schedule B of
the Regulations or California Department of Trans-
portation Form CRSA, "Information for Determining Dis-
advantaged Business and Woman Owned Business Enterprise
Joint Venture Eligibility" ;
(d) A DBE must perform a commercially useful
function, i .e . , must be responsible for the execution of
a distinct element of the work and must carry out its
responsibility by actually performing, managing and
supervising the work;
(e) Credit for a DBE vendor of materials or
supplies is limited to 60 percent of the amount to be
paid to the vendor for the material unless the vendor
manufactures or substantially alters the goods;
(f) Credit for trucking by DBE' s will be as
follows:
(i) The amount to be paid when a DBE trucker
will perform the trucking with his/her own trucks,
tractors and employees.
(ii) One hundred percent of trucking costs
will be allowed for all trucking acquired through
certified DBE trucking brokers .
(g) A DBE must be a certified DBE on the date bids
for the project are opened before credit may be allowed
toward the DBE goal. The Department ' s DBE Directory
identifies DBE' s which have been certified . Other may
also qualify for certification but must be certified
before bid opening . The DBE directory may be obtained
from the Department of Transportation, Plans and Bid
Documents, Room 39, Sacramento, California 94274--0001
(Phone 916/445-3325) , or from the offices of the De-
partment of Transportation at Los Angeles, San
Francisco, and the District in which the work is
situated.
(h) Noncompliance by the Contractor with the
requirements of the regulations constitutes a breach of
this contract and may result in termination of the
contract or other appropriate remedy for such breach.
( i) Bidders are encouraged to utilize services
offered by banks owned and controlled by minorities or
women .
2-1 .03 DBE GOAL FOR THIS PROJECT.--The Department has
established the following goal for disadvantaged businesses
(DBE) participation for this project .
Disadvantaged business (DBE) Ten (10) percent
It is the bidder ' s responsibility to make a sufficient
portion of the work available to subcontractors and suppliers
and to select those portions of the work or material needs
consistent with the available DBE subcontractors and sup-
pliers, so as to assure meeting the goal for DBE partici-
pation.
The Department has contracted with the following or-
ganization to assist DBE' s in preparing bids for subcon-
tracting or supplying materials:
Cordoba Corporation
617 South Olive Street, Ste . 810
Los Angeles CA 90014
(213) 523-5535
Bidders may utilize the services of this organization to
contact interested DBE' s .
SECTION 3 . SUBMISSION OF DBE INFORMATION,
AWARD, AND EXECUTION OF CONTRACT
3-1 .01 GENERAL.--The bidder ' s attention is directed to
the provisions in Section 3 , "Award and Execution of Con-
tract," of the Standard Specifications and these special
provisions for the requirements and conditions concerning
submittal of DBE information award, and execution of
contract.
It is the bidder' s responsibility to meet the goal for
DBE participation or to provide information to establish
that, prior to bidding, the bidder made good faith efforts to
do so .
3-1 .01A DBE INFORMATION.--The apparent successful
bidder (low bidder) and the second low bidder shall submit
DBE information to the office at which bids were received so
the information is received by the Department no later than
close of business on the first Monday after the bid opening .
DBE information sent by certified mail and postmarked on or
before the Friday after the bid opening will be accepted even
if it is received after the first Monday of the week
following bid opening . Failure to submit the required DBE
information by the time specified will be grounds for finding
the bid or proposal nonresponsive . Other bidders need not
submit DBE information unless requested to do so by the
Department . When such request is made, the DBE information
of such bidder shall be submitted with 5 days , unless a later
time is authorized by the Department .
The bidders DBE information shall establish that the DBE
goal will be met or that a good faith effort to meet the goal
has been made.
Bidders are cautioned that even though their submittal
indicates they will meet the stated DBE goal, their submittal
should also include their good faith efforts information
along with their DBE goal information to project their eli-
gibility for award of the contract in the event the depart-
ment, in its review, finds that the goal has not been met .
The information to show that the DBE goal will be met
shall include the names of DBE ' s to be used, with a complete
description of work or supplies to be provided by each and
the dollar value of each such DBE transaction. (Note: DBE
subcontractors for signal and lighting items, if there are
such items of work , must have been named in the bid - See
section entitled "Subcontracting" of these special provi-
sions. )
The information necessary to establish the bidder ' s good
faith efforts to meet the DBE goal should include:
(1) The names and dates of advertisement of each
newspaper, trade paper , and minority-focus paper in
which a request for DBE participation for this project
was placed by the bidder .
(2) The names and dates of notices of all certi-
fied DBE' s solicited by direct mail for this project and
the dates and methods used for following up initial
solicitations to determine with certainty whether the
DBE' s were interested .
(3) The items of work for which the bidder re-
quested subbids or materials to be supplied by DBE' s ,
the information furnished interested DBE' s in the way of
plans , specifications and requirements for the work , and
any breakdown of items of work into economically
feasible units to facilitate DBE participation . Where
there are DBE' s available for doing portions of the work
normally performed by the bidder with his own forces,
the bidder will be expected to make portions of such
work available for DBE ' s to bid on.
(4) The names of DBE' s who submitted bids for any
of the work indicated in (3) above which were not
accepted, a summary of the bidder ' s discussions and/or
negotiations with them, the name of the subcontractor or
supplier that was selected for that portion of work , and
the reasons for the bidder' s choice . If the reason for
rejecting a DBE bid was price, give the price bid by the
rejected DBE and the price bid by the selected sub-
contractor or supplier. Since the utilization of
available DBE' s is expected, only significant price
differences will be considered as cause for rejecting
such DBE bids .
(5) Assistance that the bidder has extended to
DBE ' s identified in (4) above to remedy the deficiency
in their subbids .
(6) Any additional data to support a demonstration
of good faith effort, such as contracts with DBE
assistance agencies .
3-1 .01B AWARD OF CONTRACT.--The award of contract, if
it be awarded, will be to the lowest responsible bidder whose
proposal complies with all the requirements prescribed and
who has met the goal for DBE participation or has demon-
strated , to the satisfaction of the Department, good faith
effort to do so is a condition for being eligible for award
of contract.
k
SECTION 4 . BEGINNING OF WORK , TIME OF COMPLETION
AND LIQUIDATED DAMAGES
Attention is directed to the provisions in Section
8-1 .03 , "Beginning of Work ," in Section 8-1 .06 , "Time of
Completion," and in Section 8-1 .07 , "Liquidated Damages," of
the Standard Specifications and these special provisions .
The Contractor shall begin work within 15 days after the
contract has been approved by the Attorney General or the
attorney appointed and authorized to represent the Department
of Transportation .
Said work shall be diligently prosecuted to completion
before the expiration of
150 WORKING DAYS
beginning on the fifteenth calendar day after approval of the
contract .
The Contractor shall pay to the City of Redlands the sum
of $500 .00 per day, for each and every calendar day' s delay
in finishing the work in excess of the number of working days
prescribed above .
NOTICE OF DISADVANTAGED BUSINESS ENTERPRISES (DBE)
GOALS AND RIGHTS OF PUBLIC TO COMMENT
NOTICE IS HEREBY GIVEN to the public that:
1 . The City of Redlands has heretofore adopted major
project DBE overall goals consisting of utilizing dis-
advantaged business enterprises in all aspects of con-
tracting to the maximum extent feasible and committing
itself to substantially increase disadvantaged business
utilization . These goals further include insuring that
the City of Redlands , its contractors and subcontrac-
tors, which are recipients of Federal-Aid funds , agree
to provide disadvantaged business enterprises with the
maximum opportunity to participate in the performance of
contracts and subcontracts and a commitment by the City
of Redlands and all its contractors and subcontractors
to take all reasonable steps in accordance with 49 CFR
23 to insure that disadvantaged business enterprises
have the maximum opportunity to complete and perform
contracts .
2 . The City of Redlands has set the following annual goals
for participation in projects receiving U.S . DOT funds
by DBE contractors for the period of October 1, 1988
through September 30 , 1989 . DBE: 10% .
3 . The public may inspect the goals and a description of
how they were set at the Engineering Department in City
Hall of the City of Redlands, 30 Cajon Street, Redlands,
CA 92373 , for a period of 30 days from the date that
this notice is first published .
4 . The U.S. Department of Transportation and the City of
Redlands will accept comments on the said goals for 45
days from the date that this notice is first published
and said comments shall be considered to be for infor-
mational purposes only.
5 . In addition to the foregoing, interested minority and
majority contractor organizations , upon request, shall
receive a direct mailing of the complete program with a
request that they provide written comments to the City
of Redlands on this program.
3:
Lorrie oyzer , Ci lerk
€