HomeMy WebLinkAbout1996-10-08; City Council; 13849; DISADVANTAGED BUSINESS ENTERPRISE PROGRAML
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0 CITY OF CARLSBAD -AGENDA BILL m
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM CITY ATT MTG. 10408/96
DEPT. ENG CITY MGI
RECOMMENDED ACTION:
Adopt Resolution No. 9 b -33 7 amending the Carlsbad Disadvantaged Busint
Program and designating the City Engineer as liaison.
ITEM EXPLANATION:
The City of Carlsbad is required to have a Disadvantaged Business Enterprise (DBI
place before it can advertise for any federally funded projects. Until recently, tt
Association of Governments (SANDAG) maintained this program for all of the cities
County. However, effective October 1, 1995, cities were required to adopt their (
programs.
The City of Carlsbad adopted its Disadvantaged Business Enterprise Program on Fek This program covered the period of October 1, 1905 through September 30, 1996.
The only substantive change in the proposed program is that reference to the specific
covers has been removed. This will allow the program to remain unchanged in the f
goal is modified. The goal will still be reviewed on an annual basis. The progr
pre-approved by the Federal Highway Administration and Caltrans.
As required by federal regulations, a public notice will be published when the City suk
The notice will announce the goal (15%) and inform the public that a description of
was set is available for review for a 30-day period. Comments will be accepted for a
and are for informational purposes only.
FISCAL IMPACT
To date, this program has been implemented utilizing existing staff. It is not an
additional staff will be required to implement this program during the 1996-97 fiscal yea
EXHIBITS:
1. Resolution No. 9 h -33 7 amending the Carlsbad Disadvantaged Busine
Program.
Annual Review of Overall Goal for Disadvantaged Business Enterprise Program
Amended Council Policy-Disadvantaged Business Enterprise Program.
2.
3.
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RESOLUTION NO. 96-337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
WHEREAS, the Federal Department of Transportation, under the Code
Regulations, Title 49, Part 23, requires each local government entity receivir
Transportation Funds to implement a Disadvantaged Business Enterprise Program; an
WHEREAS, the Disadvantaged Business Enterprise Program must be inch
local government contracts which are wholly or partially funded with Federal Tra
Funds and require the inclusion of Disadvantaged Business Enterprise Program provi:
contract; and
WHEREAS, the Carlsbad Disadvantaged Business Enterprise Program
approved by the Federal Department of Transportation; and
WHEREAS, by approving this resolution, the City of Carlsbad desires to use
federally approved Disadvantaged Business Enterprise Program for use on ar
transportation funded contracts that may require Disadvantaged Business Enterprise F
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, does hereby amend the Carlsbad Disadvantaged Business Enterprise
Section V.2. to read as follows:
2. The overall DBE goal established with this annual program
is 15%.
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BE IT FURTHER RESOLVED AND ADOPTED that this resolution shall becorr
on October 1, 1996.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 8th day of October , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnilz
NOES: None
ABSENT None
ATTEST
1
(SEAL)
Iyi 4. G& ALETHA L. RAUTENKRANZ, City Clerk’
0 0 - Exh-
Annual Review of Overall Goal
for
Disadvantaged Business Enterprise (DBE) Program
Proiection for 10/1/95 - 9/30/96:
The DBE Goal set for October 1,1995 through September 30,1996 was 15%.
Actual Particiuation for ION95 - 9/30/96;
One contract using federal hnds was awarded between October 1, 1995 and September 30, 1996 1
City of Carlsbad. The contract was for a feasibility study and the preliminary design of the Coastal
Trail. The actual participation of DBEs in that contract was 10.3%.
Proiection for 10/1/96 - 9/30/97:
It is projected that two contracts will be awarded by the City of Carlsbad between October 1, 1996
September 30, 1997. One contract would be for the final design and environmental review of the (1
Rail Trail project mentioned above. The other contract would be for a system known as ‘‘Quiche1
enables traflic signals to be programmed remotely. Since the Quicknet system is proprietary, a non,
“sole source” vendor must be used for that project.
According to information provided by Triaxial Management Services, Inc., the following list show:
categories and quantities of DBE firms that have indicated their current availability to perform WOI
may be required under the Coastal Rail Trail final design and environmental review contract.
DBE FIRM CATEGORY QUANTITY
Design 87 .. .. ... ... ... .. .... ... ... ... ... . .. ... .. . ... ... ......... .......... ... ... ... ... ... ......... ... ... ... ........................
Engineering 45
Environmental Engineer 28
Civil Engineer 35
Consultant 214
Analysis:
The minimum allowable percentage of participation by Disadvantaged Business Enterprises stated
specifications for the contract awarded for the Coastal Rail Trail feasibility and preliminary design 1
10%. Although the contractor initially established a goal of 15%, various circumstances caused thi
participation to be 10.3%. Based on this result, it is recommended that the minimum requirement 13
future contracts be increased to 15% in any specifications for contracts using federal funds issued 11
October 1, 1996 and September 30, 1997 with the exception of the Quicknet project.
Recommended Goal:
The recommended goal for October 1, 1996 through September 30, 1997 is 15%.
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Policy No. 59
Date issued
Effective Date 10 / 8 / 9 6
SupersedesNo. 59 dated 2,
101 8 19 6 CITY OF CARLSBAD
Cancellation Date COUNCIL POLICY STATEMENT
General Subject: CONTRACTING PROCEDURES
Specific Subject: Disadvantaged Business
Copies to:
PURPOSE
To establish a policy on the utilization of Disadvantaged Business Enterprises (DBEs) in t
City of Carlsbad as required on federally funded projects.
BACKGROUND
Enterprise Program
City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
Until recently, the San Diego Association of Governments (SANDAG) maintained this progra
for all of the cities in San Diego County.
required to adopt their own individual programs.
POLICY -- Disadvantaged Business Enterprise Program
1. Policy Statement
However, effective October 1, 1995, cities a
It is the policy of the City of Carlsbad (City) to utilize Disadvantaged Business Enterpri
(DBEs) and firms as defined in 49 CFR Part 23 in all aspects of contracting to tl
maximum extent feasible. This policy which is fully described herein constitutes poli
and commitment to substantially increase DBE Utilization in all program activities fundc
wholly or in part by any U.S. Department of Transportation modal element.
The City, its contractors and subcontractors, which are the recipients of Federal-a
funds, agree to ensure DBE firms have the maximum opportunity to participate in tt
performance of contracts and subcontracts. In this regard, the City and all of i
contractors and subcontractors will take all reasonable steps in accordance with 49 CF
Part 23 to ensure that DBE firms have the maximum opportunity to compete for ai perform contracts.
DisadvantaQed Business Enterprise (DBE) Liaison Officer
The City Engineer is the DBE Liaison Officer for the City. He/she will be assigned su
staff as is necessary to fully implement the provision of 49 CFR Part 23 and such 0th
DBE programs as may be required.
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111. Duties of the DBE Liaison Officer
The DBE Liaison Officer shall develop, manage, and implement the DBE Program on 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, specitcations, a delivery schedules, so as to facilitate the participation of DBEs. Where su changes are found necessary to increase DBE utilization, they will be made consultation and cooperation with the functional unit involved.
Provide guidance to DBEs in overcoming barriers, such as inability to obti bonding or financing.
Cany out information and communication programs on contracting opportunities
.
.
a timely manner. Programs shall be bilingual where appropriate.
. Investigate the services offered by banks owned and controlled by Disadvantagi Business Enterprises.
DBEs certified by Caltrans will be utilized. Said listing is to be made available to project bidders. Said listing will include the following information: Name, addre3 telephone numbers, ethnic and/or sexual ownership, and type of work performed firm.
.
. Prior to approval of the substitution of any DBE sub-contractor, the prin contractors will be required to prove performance of good faith efforts to replace tl
DBE with another eligible DBE.
Establish a DBE overall annual goal. The goals shall be evaluated annually ar adjusted as necessary.
Establish an appropriate individual project DBE goal for each Federal-aid proje
.
.
advertised.
.
.
Perform good faith analysis when the project goal is not achieved.
Maintain such documentation as is necessary to verify performance of all activiti included in this program.
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IV. Public Notification
1. At the time of submittal of this program to the State Department of Transportatior
notice in both minority and majority local media will be published. Said publicai shall include:
.
.
The annual overall DBE goal.
Notification that a description of how the goal was set is available for pu
inspection for a period of thirty (30) days.
Notification that both U.S. DOT and the City will accept comments on the ( .
for 45 days from the date of the notice. The notice sha\l advise intere? parties that comments are for information purposes only.
2. This program will be reaffirmed by public notice annually at the time of publica
of the overall goal. If substantial changes are made to this document, the er
document shall be subject to the notification noted in 1 above.
3. In addition to the foregoing, interested disadvantaged and majority contra organizations will receive direct mailings of this complete program.
V. Establishment of Goal
1. The DBE goal will be established both annually (overall) and on a per cont
basis. The overall goal will be based on planned contract activity for the con
year. The overall goal established will be subject to methodology and procedt
established in 49 CFR Part 23, Subparts (C) and (D) and take effect on October
of each year.
The overall DBEgoal established with this annual program is 15%.
Individual project goals will be established based on the following criteria:
.
. Size of project. .
.
.
. Availability of certified DBEs. .
.
2.
3.
Attainment of established overall goals.
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, Federa
local jurisdictions.
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.
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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 disadvantac
business enterprises as defined in 49 CFR Part 23 shall have the maximi
opportunity to participate in the performance of contracts financed in whole
in part with Federal funds under this agreement. Consequently, the D
requirements of 49 CFR Part 23 apply to this agreement."
B. "DBE Obligation. The recipient or its contractor agrees to ensure t disadvantaged business enterprises as defined in 49 CFR Part 23 have
maximum opportunity to participate in the performance of contracts i
subcontracts financed in whole or in part with Federal funds provided un
this agreement. In this regard, all recipients or contractors shall take
necessary and reasonable steps in accordance with 49 CFR Part 23 to ens
that disadvantaged business enterprises have the maximum opportunity
compete for and perform contracts. Recipients and their contractors shall
discriminate on the basis of race, color, national origin, or sex in the award i
performance of DOT-assisted contracts."
VI. Contract Procedure
This program shall be implemented through the utilization of a contract special provi:
which will be providedupdated as necessary by Caltrans' Office of Local Program
These procedures require bidders to submit the names of DBE subcontractors i
suppliers, a description of the work each is to perform or material to be furnished, and
dollar value of each DBE subactivity.
VII. DBE Notification
Projects will be advertised in local newspapers and minority focus newspapers w possible. These ads will include reference to DBE requirements and will indicate
DBE project goal.
DBE supportive service assistance centers will receive notification of projects schedi
to be advertised. Such centers will be afforded the opportunity to receive complimen
plans and specifications for projects within their geographical area of responsibility.
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VIII. Selection Criteria for Projects with DBE Goal
Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer
hidher designee to ascertain bidding contractors' efforts to attain the DBE goal. 1 award of any project must be concurred with by the DBE Liaison Officer or his/t
designee before said contract may be awarded. Should there be disagreement betwe functional units concerning contractors' efforts to attain contract goals for Dl participation, the matter shall be referred to the City Manager or hidher designee, for fi~ determination.
Competitors that fail to meet the DBE goal and fail to demonstrate sufficient reasonal
good faith effort shall be declared non-responsive and ineligible for award of the contra1
All contracts that contain a DBE goal, pursuant to this policy, will be monitored on
ongoing basis by project personnel during the course of construction. The DBE Liais
Officer is to be immediately advised of any circumstance wherein contractor complian
with the DBE provision is questionable. The contractor shall submit a final report each project which includes total payments to the prime contractor as well as a payments the prime contractor has made to DBE subcontractors, vendors, and supplie
If the report indicates the prime contractor has not achieved the project goal, projt personnel shall attach an evaluation, in narrative form, of the reasons for failure to att;
the goal and any corrective action that was taken.
Prime contractors will be required to notify the City of any situation in which regula
scheduled progress payments are not made to DBE subcontractors, vendors,
suppliers.
IX. Countinn DBE Participants
The City, its contractors, and subcontractors shall count DBE participation in accordan
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,
are necessary to ensure full compliance with this policy. Such records and repo
shall include, as a minimum, the following information:
. Awards to DBEs
. Awards to majority contractors . .
The DBE Liaison Officer shall submit reports to Caltrans and/or to the approprig
U.S. DOT modal element as required.
Final project reports concerning DBE utilization
Sqch other data as is needed to fully evaluate compliance with this program
2.
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XI. Complaints
Any complaints received by the City Concerning this program will be investigated by t city Manager bf hidher designee. Heishe will endeavor to resolve said complaints witt
ninety (90) days of receipt by the DBE Liaison Officer. The appropriate DOT rno( element and Caltrans will be furnished a copy of the complaint and may be invited
participate in the investigationhesolution. The DOT modal element and Caltrans k
receive a complete investigative report on the complaint and may be requested to con(
in the proposed disposition of said complaint.
Contractors will be directed to notify the City of any complaints they may recei
concerning this program.
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