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R-7547 /.~ --=-'!' e e 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. - 1 - .. e e 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 - 2 - e e Adopted and apprO~i~ ~ \ 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 ATTES-T1 - ~~ U!n5J ~ler-k - ----- . , . . ~. - - 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 '. e e 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. - 2 - _ e 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. -3- e e 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. - 4 - - e 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 - 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. - 5 - 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. -6- 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. -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 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." - 8 - - e 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 - 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. - 9 - e e 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 - 10 - e e 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. -11- e e 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. - 12 - . .. . e 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. -13- e e 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 - 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- 36,800 730,000 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 I [ i I I I I r WI Pavemen t =eCQnst::'Uc~on any of above :. ~.-m~ W.. ....... -~ I I W III 1 nev wcrk"-new roadway a.~~~tl W J Roadway appoac::h under 100 ft. w IRoadway appoa~~ ove: 100 ""- !:S~"!A.=l':D 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 -I !.. 1 RAB~ OF AC~PTABU: FROJ'E~ GOA.!.S I Dm: os. o s - a.2~ e/ 10 -...... ...EJ 8 a a 10 l2 :2 l3 12 14. 12 14. 14. lS l.S 16 l4' .t.5 16 18 18 20 1.2 .- -~ l! 15 , e e ATTACHMENT "e" .. 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