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SR-205-002-01 (2) 2p:S _pp~"o/ b-G JAN 2 6 l~ ~ ... GS:SES:DA:CP:sm council Meeting: 1/21/88 January 26, 1988 Santa Monica, California TO: Mayor and City council FROM: city staff SUBJECT: Recommendation to Adopt a Resolution Approving a Revised Disadvantaged Business Enterprise (DBE) Program for the City of Santa Monica for certain Federally-Funded street and Road Public Works Projects. INTRODUCTION This report recommends that the city council adopt a resolution to approve a revised Disadvantaged Business Enterprise (DBE) program for the city of Santa Monica for certaln federally-funded street and road pUblic works projects and designate the City Engineer as the DBE Liaison Officer for the city. BACKGROUND Each year the city receives federal funds for various types of projects including street repairs, handicapped accessibility and traffic signal improvement proj ects. The Code of Federal Regulations No.49, part 23, requires that Disadvantaged Business Enterprises (DEE) be provided with the maximum opportunity to participate in federally funded proj ects. To meet this requirement, the federal regulations mandate that agencies receiving federal aid funds have a program that establishes acceptable goals for Disadvantaged Business participation in procurement activities and provide guidelines and support activities to assist the DBE community in achieving those goals. - 1 - lO--Gt ..tAN 26138Ei .......- Pursuant to these federal regulations, the city council adopted a Minority Business Enterprise Program on February 16, 1982 which applied to the receipt of financial assistance from various Federal agencies. DISCUSSION Caltrans, the agency responsible for administering u.s. Department of Transportation funded street and road projects, has conducted a review of the city of Santa Monica's DEE program and is recommending a few technical and administrative changes. The DBE program changes which have been proposed by Caltrans encompass two main elements: 1) the adoption of the standard caltrans-approved DEE program format; and 2) the designation of the city Engineer as the city's liaison officer. It should be noted that the Caltrans DBE program will continue to be a subset of the overall City WMBE program and that any federally-required procedures will be undertaken in coordination with the ongoing WMBE activities. The specific components of the standard Caltrans program format do not entail any substantive variation from the formal DEE program adopted by the city Council in 1982. In accordance with Caltrans guidelines, the DBE program will establish annual goals for DBE participation in Federal aid funded projects based on the minority population of the Southern California area and based on the type of work to be done. The annual goal for Santa Monica Federally Funded projects for fiscal year 1987/88 is 13% (see Attachment A). - 2 - In addition to the annual goals, individual project goals will be developed based on the size of the project and the availability of DBE firms with the aim of meeting the annual goals. Cal trans pUblishes its list of acceptable goals for 17 different work categories and project sizes. (see Attachment B.) Caltrans determines these percentages from data about the number and size of DBE owned vendors and contractors located in the area (County) where the project is occurring. The Liaison Officer shall be responsible for monitoring all federally-funded public works projects for compliance with the Caltrans approved DBE goals and requirements. In the event that the DBE goals and requirements of a project are not being met, the Liaison Officer shall have the authority to stop the project and suspend payments until an appropriate resolution is achieved. (See Attachment C.) BUDGET/FINANCIAL ANALYSIS There is no budget impact associated with the adoption of this program. RECOMMENDATION It is recommended that the City Council adopt the attached resolution containing the revised Disadvantaged Business Business Enterprise program for federally-funded street and road public works projects and appoint the city Engineer to be the Disadvantaged Business Enterprise Liaison Officer. Prepared by: stan Scholl, Director of General services Desi Alvarez, F.E., city Engineer Craig Perkins, Sr. Management Analyst - 3 - Attachment: Resolution for Adoption DBE Program Description Attachment A, List of acceptable Project Goals Attachment B, Santa Monica 1987/88 DBE Goals Worksheet Attachment c, The Reporting Structure ccdbe - 4 - RESOLUTION NO. (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING THE SANTA MONICA DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM WHEREAS, federal rules and regulations require the city of Santa Monica to adopt a Disadvantaged Business Enterprise Program in order to be eligible to receive federal financial assistance; and WHEREAS, the participation in federally assisted projects by disadvantaged businesses is encouraged by policies incorporated in the Santa Monica Disadvantaged Business Enterprise Program, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Santa Monica Disadvantaged Business Enterprise Program, attached hereto and incorporated by reference, is adopted. SECTION 2. The City Manager shall submit the Santa Monica Disadvantaged Business Enterprise Program to appropriate federal agencies for their approval. - 1 - SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in force and effect. APPROVED AS TO FORM: ~M. ROBERT M. MYERS CITY ATTORNEY ~ ccdber - 2 - Program Description for Local Agencies DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM (PHWA encourages the use of this standard program description in accordance with Code of Federal Regulations 49, Part 23, Section 23.45 and other related sections) Caltrans, Division of Local Streets and Roads, Rev. 9-17-87 DISADV~NTAGED BUSINESS ENTERPRISE (DBE) PROGRAM CITY/COUNTY OF: San.ta i-'bnJ.ca I~ Policy Statement It is the policy of the C~ty of Santa 1>'Dlllca to utilize Disadvantaged Business Enterprises (DBE) and firms as defined in 49CFR Part 23 in all 3spects 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, wh~ch 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 23 to ensure that DBE and firms have the maximum opportunity to compete for and perform contracts. - 2 - II. Disadvantaqed Business EnterprIse (DBE) Liaison Officer DeSl Alvarez r Clty EnolIleer IS the DBE LiaIson Officer for this agency and shall report to the Clty YffilaS& He/She 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 reporting 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 bidsr 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 bonding 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: Name, address, tele9hone number, ethnic and/or sexual ownership, type of work performed by firm. o prior to aoproval of the subst~tution of any DBE sub-contractor, the prime contractors will be required to prove performance of good faith efforts to replace the DB~ with another elig~ble 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 analysis when the project goal is not achieved. o Maintain such documentation as is necessary to verify performance of all activities included in this orogram. 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 3vailable for public inspection for a geriod of 30 days. - 5 - o Notlfication that both U.S. DOT and this agency will accept comments on the goal for 45 days from the date of the notice. The notice shall advise lnterested parties that comments are for information purposes only. 2. This program will be reaffirmed by public notice annually at the time of publication 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 disadvantaged and majority contractor 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 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 49CFR 23, Subparts (e) and (D) and take effect on October 1st of each year. 2. The overall DBE goal established with this initial program is 13% and cover~ the period October 1, 19EL to September 30, 19 88. -6- 3. Individual project goals will be established based on the following crlteria: o Attainment of established overall goals. o Size of project. o OpQortunities for DBE's as subcontractors, vendors, and suppliers. o Minority population of geographic area in which work is to be performed. o DBE goals being utilized in the geographic area by other State, Federal or local jurisdictions. o Availability of certified DBEls, o Past experience on projects similar to the project being evaluated. o Such other factors as may effect the utilization of DBE's Complete evaluation documentation will be retaIned for each project. -7- 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 49 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." B. DBE Obligation. (i) The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contacts 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 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete f~r and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and ~erformance of DOT-assisted contracts." - 8 - VI. Contract Procedure Th~s program shall be imolemented through the utilizat10n of a contract sgecial provision w~ich will be provided/updated as necessary by Caltrans' Division of Local Streets and Roads. These procedures require bidders to submit the names of DBE subcontractors and suppliers, a description 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 newspagers and m~nority focus newspapers when possible. These ads will include reference to DBE requirements and will indicate the DBE project goal. DBE supportive service assistance centers will receive notification ofprojects scheduled to be advertised. Such Centers, will be afforded the opportunity to receive complimentary plans and specifications for projects within their geographical ar~a of respo~5ibility_ - 9 - VIII. Selection Criteria for Projects wlth DBE Goal Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or his/her 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/her 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 C~tY~Enaqer or his/her 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 DaE goal, 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 immediately advised of any circumstances wherein contractor compliance with the DBE provision is questionable. The contractor shall submit a final reoort for each project which includes total payments to the prime contractor as well as any payments - 10 - the prime contractor has made to DBE subcontractors, vendors and suppliers. If the report indicates the prlme contractor has not achieved the project goal, 9roject 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 9ayments are not made to DEE subcontractors, vendors or suppliers. IX. Set-Asides If determined necessary by the DBE Liaison Officer, DBE Set-Asides will be consider as a tool to ach~eve annual overall goals. X. Counting DBE Participants ThlS Agency, its contractors, and ~ubcontractors shall count DBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulatlons. -11- XI. 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 DEE's. o Awards to majority contractors. o Final project reports concerning DBE utilization. o Such other data as is needed to fully evaluate compliance with this program. 2. The DaE Liaison Officer shall submit reports to Caltrans and/or to the appropriate 0.5. DOT element as required. These reports will include: o Number and dollar value of contracts awarded. o Number and dollar value of con~racts 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 DBEls. o Indicatlon as to the extent of which the percentage m(l or exceeded the overall goal. o Reports shall be broken down separately by ethnic grouping. XII. Comolaints . Any complaints received by the Agency concerning this program will be investigated by Des~ Alvarez He/She will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Offlcer. 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 prooosed disposition of said complaint. Contractors will be directed to notify the Agency of any complaints they may receive concerning this program. -13- ATT ACHM ENT "A" CITY OF SANTA MONICA DBE WORKSHEET FOR PROJECTS TO BE CONSTRUCTED IN 1987-88 WITH FAO F(..'T}iDS Description Es't. Project Cost % DBE req'd* $ DBE reqtd Traffic signal Upgrade $ Traffic Controllers Pico Boulevard re~urfacing Colorado Avenue reconstruc- tion Wilshire Boulevard land- scaping 650,000 108,000 230,000 12% -0- 16% 78,000 -0- 36,80C 730,000 18% 131,400 450,000 8% 36,OOC $2,168,000 $282,200 $282,200/$2,168,000 = 13% * Based on Caltrans range of acceptable project goals 12-11-87 (dbeproJ) ':'YP!: ~= WOF.}; ~MF::C S~Gm.:.S ':'R.A.TT== SIGAh:.s ~r:: .s =GN.n.l.S s':!t!:r: !.IGE'!':J;G !.Ah?SCAPDiG PA \'~!<!.::.;-. _ ~\j ROADWA~ CONS':Rt1~05 RQAjto.7.Y C~ZiS'!'Rr;C"l'=ON ROADiI~Y CONS~t1C:':'IOli ROADWAY CONS':'RU;::~OS' ROAD"AY ::ONS':R:r=!ON ROA!)W~Y C~S':'R~':'::OS ROADftAy C~S':'R:'~IO!i ^::lA.:n;;..y CONS'=itU::':rOS Ro.A:r..-AY ::ONS':"R:r===05 EF.=D~ CONS':.'R~:Ol:i E?=DG::: CONS':'Rtr::':ICW ATTACHMENT "B" !l~So::.=P':'!ON ::ec~o~lor replace=er.t OKLY VI Ba:~e an~ loops Iv i I ~y roadvork{~&lL~ds-ac=ess r~F)1 I I i I I I I v I BO C': hi< WOM W I NO C":'S:tJi. WORJ;. WI BC O~R WORK .... I i>ave:ae:lo; resu:'!at:~n9 e~ly, ::ao ~aC=.l.C:, CJ.Q-ot:ts or s::.::..n; . I I w/?vem~~t re6u:~a=~n~ I fa:::::Le, ~g-ol.:';B -=:.t! ! j ! I I I i I I ! I I I I I I =:ly, w:. ~ .=-:..~i.nq w /D:-a..:..n~e i ~eas w I~:.s, qu";-:'UlI r aceess raJl1?lI .~dewalk and w /Pavemer..':. =e.:.==a=i::ll~ an:! one o! above ;.. 'C.ems w l?avel:Ie."I': :esu:=-:ac::.nt; and ~ 0: mere o~ ~e &bove ~':ama w /?ilvemen1:; :-e=:lns-:=uc~or. Oh.-:.y j I i , a.:.:.q""...m..~ ":! j I \0' /1"avemen,,; =e=o::'s=-.le~or: w:. t..'l. L~Y 0: &bOve ;..";~ Will: ne", work-new ~ao.WilY .... / Roadway aF?Oa~~ ~~de: lOC ~~.. Y/Roa~way a?POa=~ ove= lOe ~~ =S~"tA.-=zt: C OR"tl\.A.C: COS:" S:.oo,OOO leas ~aIl sse,ooc mere ":h~ leal! ~an 51.00,000 mere -:hac 520,000- 1 I , I I , I r I I ; 520,000- S20,000- 1 eBB ";..'l.az: 5:5:,000 :r:c~e -=.1'1a:': leal ';han S150,000 mare ~~an Ie.. Ulill%::. 5200,000 more U:l.aI: 1 eas ':h&!:. S:.~C,OOC ::I=~e ':han lea!. ~'"la::. 530C,:):10 =ore ~a::. 1 ess -=.bar $30:,000 ::!or e t:la:. :ess ~~a::. 540C,:lQ: mel:;" e :ar: :'eas til.ar.! S50: ,ooe ! mO.!:"e ~an I l-ess ':h~, S50C,:lOO ~ I mere ~ I I :eas =.'la:: r 5200,:00 mC:"e ~an I ! less =.'lL-:.1 5.;0: , 00:- I ~o=- e ":llc, I . , I RAN~ 0:' ''''-~AB~''-1 PRC::;;-;~ -, DB~ ~ c e ,..--:;-- ~ 10 --- ~ '" . ~. e e e 10 :z --' :3 ~ ~ ......: 14. , .. --' 14 14 , ~ _oJ :.S: 16 14 , "- l6 :6 :e 20 1.2 . , :.s I I I ! r I I t I i I I I I I i , J I AiT ACHME NT net' THE REPORTING STRUCTURE CI7Y MANAGER . RESOLVES lNitF>- OEI:>AFTloIEN7:"i.. DtS::OUTtS R::GARDING lOSE) MAiTER~ LIAISON OFFICER -C fTY ENGINE=:R . ov~s::~ Trl:: DEVE_:)IOME/I.-:-, MANt.;,;EMEt-,- ANC IMIO;.!.....::...7.::i::)/.; o~ IrlE :r~:D6E) ~ROGFlA~ . Recommends ='IN:"U:; S E; PO-.l:i',AN C reques ts AtJL:S7ME'iTS I~ NE:ESSA~V LIAISON OFi="ICER DESIGNEE . RES"ONSIS_E FOR DAl~" ADMIN!S"iRt.7l0" o~ Pl:lOGrlAIll . DE~=UI:/MS GOOO FA~TI'" ANA~":"StS WJol~ DI:/OJE:- GOt..~ ARE N~ A:Hitv:::t . MON"i"OI'!.S c::lMP...lANC:E WITH IDBE)J:>ROGRAt.' ~ON7RACTORS,SUSCDNTRACTOR~ VENDORS.AND SUP?L1ERS ~