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Item 14 - DBE Annual Plan - - AGENDA REPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L Bowersox, City M2..mJ.~ . INITIATED BY: John D. Fitch, Assistant City Manage~'r\.\ ~ Mark S. Weston, Director of Enginee ' g segfces" . Kipp R. Hefner, Associate Civil Engineer K I DATE: September 26, 1995 SUBJECI': Disadvantaged Business Enterprises (DBE) Annual Plan ABSTRACI' This status report concerns the establishment of Disadvantaged Business Enterprises (DBE) annual goals in order to qualify for Federal Emergency Relief Funds for arterial repairs, ENVIRONMENTAL REVIEW Environmental review is not required for this item according to CEQA guidelines. - FISCAL IMPACI' There is no fiscal impact generated by this report. The fiscal impact of establishing a DBE goal would be to allow the City to apply for the Federal Emergency Relief Funds. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is reco=ended that the City Council adopt the preapproved DBE program and an annual DBE goal of 16% for the 1995-96 Fiscal Year in accordance with 49 CPR part 23. ACI'lON agenda \ dbe.sum - SEP 2 6 1995 ITEM 14 I 1 of 11 ~-- --.---- ._.~---........-~-- ! AGENDA REPORT CITY OF POW A Y This re~rt is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council. staff or public request it to be removed fr?~ ~e ~onsent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a shp Indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the City Council fROM: James L. Bowersox, City Man~ .0 INITIATED BY: John D. Fitch, Assistant City Manager/Assistant Executive~\i Director Mark S. Weston, Director of Engineering Services~j'~ Kipp R. Hefner, Associate Civil Engineer l"1t ,. DATE: September 26, 1995 SUBJECT: Disadvantaged Business Enterprises (DBE) Annual Plan BACKGROUND On July 25, 1995 staff contacted the California Department of Transportation (CalTrans) to determine if the City could qualify for Federal Emergency Relief Funds to repair several arterial streets in the City that are in need of repair. These emergency relief funds are administered by the Federal Highway Administration through CalTrans and were established to offer financial assistance to States, Counties, and local agencies for repair of highways, streets, and highway facilities damaged by last year's winter storms. City staff is presently working with CalTrans to obtain emergency relief funds for arterial repairs. fINDINGS The federal Highway Administration has determined that the City of Poway could possibly qualify for funds to repair various arterial streets within the City. One requirement in order to qualify for any emergency relief funds is that the applicant must adopt an annual Disadvantaged Business Enterprise (DBE) Goal and have a Disadvantaged Business Enterprises (DBE) Annual Plan (see Attachment 1) approved and on file at the local district office of CalTrans. DBE is a small business concern which is at least 51 percent owned and controlled by one or more socially and economically disadvantaged individuals. On all Federally funded projects a certain percentage of the work must be provided to disadvantaged business enterprises. This percentage is determined and adopted by local agencies through their annual plan. ACTION: SEP 2 6 1995 ITEM 14 , 2 of 11 - - - Disadvantaged Business Enterprises (DBE) Annual Plan City Counc. Meeting of September 26, 1995 Page 2 To date, the City of Poway has not adopted a DBE Goal. As there are no clear federa 1 standards for determi ni ng the DBE goals, nor a hi story of DBE participation in City contracts, staff would recommend adopting a DBE goal of 16%, consistent with the minimum recommended by CalTrans. In addition, staff recommends the City adopt the pre-approved DBE program as cited in LPP95-07 Attachment 4 (see Attachment 2). ENVIRON"ENTAL REVIEW Environmental review is not required for this item according to CEQA guidelines. FISCAL I"PACT There is no fi sca 1 impact generated by thi s report. The fi sca 1 impact of establishing a DBE goal would be to allow the City to apply for the Federal Emergency Relief Funds in order to repair various arterials through the City. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE -- None RECOMENDATION It is recommended that the City Council adopt the pre-approved DBE program and an annual DBE Goal of 16% for the 1995-96 Fiscal Year in accordance with 49 CFR Part 23, "Parti ci pat ion of Mi nority Business Enterpri ses and Department of Transportation Programs." ATTACHMENT 1: Disadvantaged Business Enterprises (DBE) Plan ATTACHMENT 2: Pre-approved DBE Program Cited in LPP95-07 Attachment 4 agenda\dbe - SEP 2 6 1995 ITEM 14 , 3 of 11 Exhihil D . Attachn .1 4 /)i."d\'.nt.~~d nu.in~.. Enlor ri.~ CUDE) I'r..~ram DISADVANTAGED BUSINESS ENTERPRISES (DEE) ANNUAL PLAN TO: CALTRANS DISTRICT _ District Local Assistance Engineer The Citv/CnuntvlRp.f1jon of requests approval of an annual DBE goal of % for the Federal Fiscal Year . beginning on and ending on It is anticipated that the following Federal-aid projects will be advertised during this Fiscal Year with preliminary DBE participation levels established as shown. Gncludes consultant preliminary engineering and construction contracts anticipated for award.) Estimated Contract DBE Fed Pro; No Jtem~ Cn~t Panicin:llinn Tvne of Work (1) S S (2) S S (3) S S (4) S S (5) S S Grand Total $ S DBE_ % ( ) This goal meets the 10% minimum Federal requirement ( ) Since this goal does not meet minimum 10% Federal requirement an exemption in accordance with Section 5 is requested. (Justification for approval is enclosed.) DBE Liaison Officer Dare Attachment 1 ITEM 14 Jf 11 SEP 2 6 1995 - - - /' - - LPP 9.5.07 Exhihit A RcenJ:inecrins:. Atlachm.nt .. DisadvantaS,!ed nu~inep l':nterpriu:~ (DnEl Jlroj:!rllm .lUJ,!" 1 - PRE.APPROVED DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM FOR LOCAL AGENCIES .. - (FHWA suppons the use of this standard program description in accordance with Code of Federal Regulations 49, Pan 23, Section 23.45 and other related sections) Attachment 2 SEP 2 6 1995 ITEM 14 I 5 of 11 - LI'T' lJS-07 Exhihit A Rccn::inccrin::. AII.eh, t 4 DisMd"antMCf'd Business Enlerpri mD E) I'r..~r.m JI..~... 2 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY/COUNTY OF: 1. PoIicv Sl.:ltcmcnt It is thc policy of the to utilize Disadvantaged Business Enterprises (DBEs) and firms as defined in 49 CFR Pan 23 in all aspects of contracting to the maximum extent feasihle. This policy which is fully described herein constitutes policy and commitment to substantially increase DBE Utilization in all program activities funded wholly or in pan by any U. S. Depanment of Transportation modal 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 49 CFR Pan 23 to ensure that DBE firms have the maximum opportunity to compete for and perform contracts. II. Di~advanta!!ed Bu~ine..'\~ Entemri~ fDBE) Lini~n Offi~r . is the DBE Liaison Officer for this agency and shall repon to the .He/She will be assigned such staff as is necessary to fully implement the provision of 49 CFR Pan 23 and such other DBE programs as may he required. The reporting structure and duties of suppon Staff are shown on Attachment _' m Dutie~ of the DRE Lini~nn Officer The DBE Liaison Officer shall develop, manage and implement the DBE Program on a day-to-day hasis. Typical duties include. but are not limited to the following activities: SEP 2 6 1995 ITEM 14 6 of 11 , - -" Exhihil A . A ttaehm.nl 4 Ili.advanlal!.d I\u.in... Ent.r ri.~. (ORE) I'r"~rllm J~.. J:t' ,:\ . Devclop and cart)' out technical a.~~islancc programs for DBEs . Arrangc solicitations. timc for thc presentation of hid. quantitics. specifications. and dcliwry schedules. so a.~ to facilitate thc panicipation of DBEs. Wherc such changcs arc found ncce....o;ary to incrc:l.<;C DBE utilization. thcy will he made in consultation and coopcr.llion with the functional unit involved. . Provide guidance to DBEs in overcoming harricrs. such as inability to obtain bonding or financing. . Carry out information and communication programs on contracting opponunities in a timely manncr. Programs shall be bilingual where appropriate. . Investigate the services offered by hanks owned and controlled by Disadvantagcd Busincss Enterprises. . DBEs cenified by Caluans will he utilized. Said listing is to be made available to all project bidders. Said listing will include the following information: Name. address. telephone number. ethnic and/or sexual ownership, and type of work performed by firm. . Prior to approval of the substitution of any DBE sub-contractor, the prime contractors will bc required to prove performance of good faith efforts to replace the DBE with another eligible DBE. . Establish a DBE overall annual goal. The goal shall he evaluated annually and adjusted as necessary. . Establish an appropriate individual project DBE goal for each Federal-aid project advertised. . Perform good faith analysis when the project goal is not achieved. . Maintain such documentation as is n"1'("SSary to verify performance of all activities included in this program. SEP 2 6 1995 ITEM 14 7 of 11 -,-----~-~- LPr 95-07 Exhihit A Recn::inecrinl:. Atlaehm~nt 4 Di.ad...nta~~d Ru.ine... EntnJ1ri.~. (DnE) I'rlJ~ram I'a~~ 4 IV. Ptlhlic Notification I. At the timc of submittal of this program to the Stale Department of Transportation. a notice in hath minority and majority local media will be published. Said publication shall includc: . The annual overall DBE goal. . Notification that a dcscription of how the goal was sct is availablc for public inspection for a period of 30 days. . Notification that hath U. S. DOT and this agency will acccpt comments on the goal for 45 days form the date of the notice. The notice shall advise intcfCS\cd parties that comments are for information purposes only. 2. This program will be reaff1Tllled by public notice annually at the time of publication of the overall goal. If substantial changes are made to this document, the entire document shall he subject notification noted in (1) above. 3. In addition to the forgoing, interested disadvantaged and majority contractor organizations will receive direct mailings of this complete program. V. E~tahli5hment of Gnal 1. The DBE goal 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 49 CFR Pan 23. Subparts (C) and (0) and take effect on October 1st of each year. 2. The overall DBE goal established with this initial program is _ % and covers the period October I, 19_ to September 30, 19_. 3. Individual project goals will be established based on the following criteria: . Attainment of established overall goals. . Size of project 8 of 11 SEP 2 6 1995 ITEM 14 - - LJ'J' 95-07 Exhihit A Recn\:inecrin\:. AII.chm~nl 4 IlisadVlOnt.~~d Rusin... Entupris.s (lIRE) "rfll!ram J'uj!t" ~ . Opponunilies for DBEs as subcontractors. vcndors. and suppliers. . Minority population of geographic area in which work is to be perfurmed. . DBE goals being utilized in the gcographic area hy other State. Feder.u or local jurisdictions. . Availability of certified DBEs. . 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 reUlined for each project "-. 4. Projects which do not contain a specific goal will contain the following provisions: A. ~. It is the policy of the Department of Transportation that disadvantaged business enterprises as defmed in 49 CFR Part 23 shall have the maximum opponunity to participate in the performance of contracts financed in whole or in part with Fedeml funds under this agreement Consequently. the DBE requirements of 49 CFR Part 23 apply 10 this agreement.. B. DBE Ohlil!ation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as dermed in 49 CFR Part 23 have the maximum opponunity \0 participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provide under this agreement In this regard. all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Pan 23 to ensure that disadvantaged business enterprises have the maximum opponunity \0 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.. of 11 SEP 2 6 1995 ITEM 14 ---_. Exhihit A . Allaehm.nt 4 Oi.ad'.nla~.d Ru.inua .:ntor ri.~ (ORE) I'r~ram I'a~. 6 VI. COnlr.lCI Procedure This program shall bc implcmentcd through tbc utilization of a contract special provision which will be provided/updated a.~ n.ecessary by Caltrans' Office of Local Programs. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a de.o;cription of the work each is 10 perform or material to be furnished. and the dollar value of each DBE suhactivity. VII. DRE Notific;llion ProjecL~ will be advertised in local newspapers and minority focus newspapers when possihle. The.o;e ads will include reference to DBE requirements and will indiCllte the DBE project goal. DBE supportive service assistance centers will receive notifICation of projects scheduled to be advertised. Such centers will be afforded the Opportunity to receive complimentary plans and i . specifications for projects within their geographical area of responsihility. , VITI. ~e]ection Criteria for Pmiect~ with DBE Gonl i Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or hislher designee to ascertain bidding contractors' efforts to llnain the DBE goal. 11Ie award of any project must be concurred with by the DBE Liaison Officer or hisIher designee before s:lid 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 or hislher designee, for fmal 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. 1be DBE Liaison Officer is to be immediately advised of any circumstance wherein contractor compliance with the DBE provision is questionable. The contractor shall submit a final report for each project which includes total pllyments to the prime contractor as well as any payments the prime contractor has made to DBE suhcontractors, vendors and suppliers. If the report indicates the prime contractor h:1s not achieved the project goal, project personnel shall attach an evalulltion, in narrative form, of the reasons for failure to attain the goal and any corrective action thllt was taken. 11 SEP 2 6 1995 ITEM 14 - - LPP 95-07 Exhihit A Reenj!ineerins:. Allarhmrnl 4 Ilisadv.nt.~.d lIusinr" J-:ntrrpris.. (IlIIE) I'rlt~ram I'U~I' 7 Primc contr.tClOrs will he l'ClJuireu to notify the Agency of any situation in which regularly schcuu\cu progrcs.~ payment~ arc not made 10 DBE suhcontrolctors. vcndors or supplicrs. IX. Count!"!! DRE PnnicinanlC; This agency. its contr.tctors. and suhcontractors shall count DBE participation in accordancc with the provisions of Scction 23.47. Title 49. of thc Code ofFcdcral Regulations. X. Rccord~ :md Rennn~ I. The DBE Liaison Officer shall maintain such records. and provide such reports. as are nccessary to ensure full compliancc with thi.~ policy. Such records and reports shall include. as a minimum. the following information: . Awards to DBEs . Awards to majorily contractors . Fmal 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 Caluans and/or to the appropriate U. S. DOT modal element as required. XI. Cnmnlaintt; Any complaints received by the Agency concerning this program will be investigated by : . He/She will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Officer. The appropriate DOT modal element and Caluans will be furnished a copy of the complaint and may be invited to participate in the investigation/resolution. The DOT modal element and Caltrans will receive a complete investigative repon 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. 11 of 11 SEP 2 6 1995 ITEM 14