R-7547
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RESOLUTION NO. 7547(CCS)
(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.
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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:
~~
ROBERT M. MYERS
CITY ATTORNEY
~
ccdber
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Adopted and apprO~i~
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I hereby certify that
was duly adopted by the C
Resolution No. 7547 (CCS)
the City of Santa Monica
at a meeting thereof held on January 26, 1988 by the following
Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
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Program Description
for
Local Agencies
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
(FHWA 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
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DISADV~NTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM
CITY/COUNTY OF: Santa ~nlca
I. Policy Statement
It is the policy of the
Clty of Santa IYbnica
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 ~gency, its contractors and subcontractors, which are
the recipients of Federa~-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.
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II. Oisadvantaged Business Enterprise (DBE) Liaison Officer
DeSl Alvarez Cl tv Enqllleer
is the OBE Liaison Officer for this agency and shall
report to the City ~~qer 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 A.ttachment 1\
III. Duties of the DBE Liaison Officer
The DEE 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
DBEfs. Where such changes are found necessary to
increase DBE utilization, they will be made in
consultation and cooperation with the functional
unit involved.
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o Provide guidance to OBE'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 DBB'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, telephone number,
ethnic and/or sexual ownership, type of work
gerformed by firm.
o ?rior to a?proval 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.
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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 program.
IV. Public Notification
1. At the time of submittal of this program to the State
Department of Transportation, a notice in both
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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 ~vailable for public inspection for a period
of 30 days.
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o Noti~ation that both O.S. OOT~d this
agency will accept comments on the goal for 45
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 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 ee) and CO) and take effect on October 1st
of each year.
2. The overall DBE goal established with this initial program
is ..13 % and covers the period October l, 19 e7 to September
30, 19 88.
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3.
IndiVid~ project goals will be e~bliShed 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
wor~ is to be performed.
o DBE goals being utilized in the geographic area by
other State, Federal or local jurisdictions.
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 utilization of
DBE's
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 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 fer and perform contracts. Recipients and
their contractors shall not discriminate on the basis
of race, color, national origin, or sex in the award
and gerformance of DOT-assisted contracts."
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VI. Contract Procedure
This program shall be imolemented through the utilization
of a contract special provision which will be
provided/updated as necessary by Caltransl Division of
Local Streets and Roads. These 9rocedures require bidders
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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 newspapers and minority
focus newspa?ers when possible. These ads will include
reference to nBE 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 area of responsibility.
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VIII. Selection Criteria for Projects with DBE Goal
Every project containing a nBE 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 Clty Manager
or his/her designee, for final determination.
Comoetitors 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
gersonnel during the course of construction. The DBE
Liaison Officer is to be immediately advised of any
circumstances wherein contractor compliance with the DEE
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
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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
9ayments are not made to DaE 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 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 Regulations.
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XI. Records and Reports
1. The DBE Liaison Officer shall maintain such records,
and provide such re9orts, 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.
Q Final project reports concerning DBE utilization.
o Such other data as is needed to fully evaluate
compliance with this program.
2. The DBE 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 DSE's.
o Description of general categories of contracts awarded
to DBE's.
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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 separately by ethnic
grouping.
XII. Complaints
Any complaints received by the Agency concerning this
program
will be investigated by DeS1. Alvarez
He/She will endeavor to resolve said complaints within 90
days 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
~ro?osed disposition of said complaint.
Contractors will be directed to notify the Agency of any
complaints they may receive concerning this program.
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ATTACHMENT HAil
CITY OF SANTA MONICA
DBE WORKSHEET FOR PROJECTS TO BE CONSTRUCTED IN 1987-88
WITH FAU FUNDS
Description
Est. Project
Cost
% DEE
req'd*
$ DBE
rea'd
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Traffic Signal Upgrade $
Traffic Controllers
pico Boulevard re~urfacing
Colorado Avenue reconstruc-
tion
Wilshire Boulevard land-
scaping
650,000
108,000
230,000
12%
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16%
78,000
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36,800
730,000
18%
131,400
450,000
a%
36,000
$2,168,000 $282,200
$282,200/$2,168,000 - 13%
* Based on Caltrans range of acceptable project goals
12-11-'87
( dbeprOJ )
TYP~ OF WORK
TRAFFIC SIGNALS
':RAT!"!': S IGN'A:.S
':'RA::!': S IGNA!.S
S-::R~ LIGRT'!lOG
LANDSCAPDlG
?A~"'.EN":' ~G
ROADWAY CONSTRt),.;:;"lOS
ROADWAY COBSTRUCTIOB
ROADirI"AY CONS'rRtlC'l'IOJI
ROADiiAY CONST.ROC':.'ION
ROADh"AY CONSTRUCTION
ROADWAY CONS':'RCC!IOE'
R CADlI'AY CONS:'RtrC':."!OE'
ROADWAY CONS':RUC''!'IOB
RQADri"AY CONS1'RUC':'::ON
BR:DGI: CONS~~~~.rO!i
BR=nGZ CONSTRUC'TIOJl'
e ATTACHMENT "B" e
m:SCRIP'l'IC>>l'
CoI1U"cllar :epJ.ac8Ilent ONLY
WI Hardware me! loop.
WI Any roadvork(1alands-accesa ramp)
W I so O:'bl;~ WOiU
W I NO O':'HD. WORlC
WI 50 ~ woru:.
WI Pavement resurf.aeinq only, no
~ab:1C, cag-ou~ or s:ipinq
w
IPavement r.su:-facing enly, W1 th
fabric, c1iq-outJI and atti~1n9
w I~unaqe i tezu
w /cur~a, qutters, aidewalk and
aeeeaa ramp..
w
IPavemer.t reaurfacing and one a:!
above l. 'I:ems
w
/Pave:ll8f1t resurfac:J.ng and t'Wl:) or
:zzore a: the ~ve i -:ama
W /Pavement :econst:uctior. OL"I.Y
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WI Pavemen t =eCQnst::'Uc~on
any of above :. ~.-m~
W.. .......
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W III 1 nev wcrk"-new roadway a.~~~tl
W J Roadway appoac::h under 100 ft.
w
IRoadway appoa~~ ove: 100
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CONTRAc:'
COS':'
5100,000
lea l5 than
550,000
mare than
1 e.. than
SlOO,OOO
mere than
520 .000-
S20,OOO..
520,000.
1 e.. than
51.50,000
mere ~aIl
lea. tilan
S150,000
more ~an
l~a than
5200,000
Illore than
leas ~an
S100,000
mere than
leaa -;.'lan
S300,000
::ore than
less tilan
S300,OOO
more ~a.,
leal! than
5400,000
more -;h.ar.
less than
S500,000 I
mare t..'1an,
l.eas -:han j
5500,000
more tb.m:1 I
less than
5200,000
more ':han
lea. -:har..!
5400,000 I
mere than
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RAB~ OF AC~PTABU:
FROJ'E~ GOA.!.S
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12
14.
12
14.
14.
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16
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18
18
20
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ATTACHMENT "e"
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THE REPORTING STRUCTURE
CJTY MANAGER
. RESOLVES INTER- DEPARTMENTAL DISPUTES
REGARDING (DeE) MA7TERS
LIAISON OFFiCER-CITY ENGINEER
. OVERSE~ THE OEVEL.OPMENi. MANAG~MEN'i
ANt lMP~MENT:..~ION OF Tr-lE C:TY(OSE)
PROGRAM
. Recommends =-INAi. (0 e E) PO~C"':'tAN 0
r~guests_AOJUSTMENTS IF NECESSAR'r'
LIAISON OFFICER DESIGNEE
. RESPONSIB....E FOR DAI:'..:r AOMlN1SiRAT10N
OF PROGRAM
. PERFORMS GOOD fl;.TiJoi ANA~':'SlS WHEN
;IROJEC- GO~ ARE NQi ACHIEVEt
. MONITORS COMPLIANCE WItH (DBE};lROGRA.M
CONTRACTORS.SUSCONTRACTOR~
.YENDORS~AND SUPPLIERS