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HomeMy WebLinkAbout85-107 - ResolutionsRESOLUTION NO. 85-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A POLICY STATEMENT AND COMMITMENT FOR AN ACTIVE DISADVANTAGED/WOMEN BUSINESS ENTERISES (DBE/WBE) PROGRAM WHEREAS, Federal regulations require recipients of Federal Highway Act (HFWA) funds to have an approved Disadvantaged/Women Business Enterprise (DBE/WBE) Program; and WHEREAS, each local agency who administers FHWA projects must prepare a DBE/WBE Program for approval by the State of California/Department of Transportation (CalTrans); and WHEREAS, annual overall goals for Disadvantaged Businesses (DBE) and Women-Owned Businesses must be established, documented and updated annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cueamonga, as follows: SECTION 1: It is hereby found and determined pursuant to Code of Federal Regulations 49 CRF, Part 23 and the definitions contained therein that the City adopt the Policy Statement and Commitment for an active Disadvantaged/Women Business Enterprise (DBE/WHE) Program as set forth in Exhibit "1" attached hereto and made a part of this Resolution. SECTION 2: This Resolution shall supercede Resolution No 81-139 which established a Minority Business Enterprise Policy and Program. SECTION 3: The City Clerk is hereby directed to mail a copy hereof and a copy of Exhibit "1" to the State of California, Department of Transportation, District 08 for approval; said approval shall make effective and allow implementation of the City of Raneho Cucamonga's Disadvantaged/Women Business Enterprise (DBW/WBE) Program. PASSED, APPROVED, and ADOPTED this 3rd day of April, 1985. A YES: Wright, Buquet, Mikels, Dahl NOES: None ABSENT: King ATTEST: Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Raneho Cucamonga, at a regular meeting of said City Council held on the 3rd day of April, 1985. Executed this 4th day of April, 1985 at Ranthe Cucamonga, California. lesoiution ~o. :55-L07 ['age 2 EX}IIBIT '1' CITY OF RAI)~) CUCARD~GA DISADVANTAGES BUSINESS PROliAR (0BE) AMO WOIIEN-OtIIED BUSINESS ENTERPRISE (dIE) I. POLICY STATEMENT It is the policy of the City of Rancho Cucamonga to utilize Disadvantaged Business Enterprises in all aspects of contracting to the ~ maximum extent feasible. This policy is fully described in the City's Disadvantaged Business Program which constitutes City policy and a conmnitment to substantially increase Disadvantaged Business and Woman-Owned Business Utilization. This policy includes any program or facility funded wholly or in part by any U.S. Department of Transportation modal element, through CalTrans. The City, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ensure that disadvantaged busine enterprises have the maximum opportunity to participate in the performance of contracts and subcontracts. In this regard, the City and all of its contractors and subcontractors will take all reasonable steps in accordance with 49 CFR 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. dON D. MIKELS, I~AYOR Resolution No. 85-[~j7 Page 3 II. Disadvantaged Business Enterprises (DBE) and Women-owned Business Enterprise {WBE) Liaison Officer Lloyd B. Hubbs, City Engineer, is the D/WBE Liaison Officer for the City and shall report to the Director of Conmnunity Development. Mr. Hubbs, will be assigned such staff as is necessary to fully implement the provision of 49 CFR Part 23 and such other D/WBE programs as may be required. The reporting structure and duties of support staff are shown on Attachment A. III. Duties of the D/WBE Liaison Officer The D/WBE Liaison Officer shall develop, manage and implement the D/WBE Program on a day-to-day basis. The Liaison Officer shall: * Develop and carry out technical assistance programs for D/WBE's. Arrange solicitations, time for the presentation of bids, quantities, specifications, and delivery schedules, so as to facilitate the participation of D/WBE's. Where such changes are found necessary to increase D/WBE utilization, they will be made in consultation and cooperation with the functional unit involved. Provide guidance to D/WBE's in overcoming Oartiers, such as inability to obtain bonding or financing. Carry out information and con~nunication programs on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. Resolution No. 85-107 Page 4 Investigate the services offered by banks owned and controlled by Disadvantaged business and Women Business Enterprises. Ensure that, where feasible, the City utilizes said banks. Utilize a listing of D/WBE's certified by CalTrans. Said listing to be made available to all bidders on City projects. Such listing will include the following information: Name, address, telephone number, ethnic and/or sexual ownership, type of work performed by firm. Approve any removal and/or substitution of a Disadvantaged or Women Business Enterprise during contract performance. Prior to approval of substitution and/or removal of D/WBE, prime contractors will be required to prove performance of good faith efforts to replace the D/WBE with another eligible D/WBE. Establish overall goals for both disadvantaged and woman-owned business enterprises. Goals shall be evaluated on October 1, of each year and adjusted as necessary. Establish individual project goals for disadvantaged and woman- owned business enterprises. All projects will be evaluated for the appropriateness of goals. Maintain such documentation as is necessary to verify the City's performance of the above activities. Resolution No. 85-107 Page 5 IV. Establishment of Overall D/WBE Goal The City will establish an overall goal for its use of D/WBE's. This goal will be updated annually as of October 1 of each year. The City's overall goal and the methodology used to determine the goal for the fiscal year beginning October 1, 1984, is shown on Attachment B. Contract Goals All projects receiving U.S. DOT funds will be evaluated for the appropriateness of D/WBE goals. Projects will be evaluated and goals established, utilizing the following criteria: * Size of project. * Opportunities for D/WBE's as subcontractors, vendors, suppliers. Disadvantaged population of county in which work is to be performed. Existing/D/WBE goals being utilized in the project area by other State, Federal or local jurisdictions. * Availability of D/WBE's. Past experience on projects similar to the project being evaluated. * Such other factors as may effect the utilization of D/WBE's. Resolution No. 85-107 Page 6 Each project will be evaluated in conformance with the above criteria. Complete documentation will be retained of every project so evaluated. Contracts which do not contain specific goals will contain the following provision. "Policy. It is policy of the City of Rancho Cucamonga 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 D/WBE requirements of 4g CFR Part 23 apply to this agreement." "D/WBE 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 t~ performance of contracts 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 for and perform contracts. Recipients and theircontractors shall not discriminate on the basis of race. color, national origin, or sex in the award and performance of DOT-assisted contracts." Resolution No. 85-1G7 Page 7 D/WBE use on projects without goats will be reported to the Liaison Officer and will be included in the City's reports to CalTrans and to the appropriate DOT element. D/WBE use on such projects will be counted toward attainment of the overall goal. VI. Public Notification At the time of submittal of this program to the U.S. Department of Transportation, the City will publish a notice in both disadvantaged and majority local media. Said publication shall: * Announce the City's overall goals. Inform the public that the goals and a description of how they were set, are available for public inspection for a period of 30 days. Inform the public that both U.S. DOT and the City will accept comments on the goals for 45 days from the date of the notice. The notice shall advise interested parties that comments are for informational purposes only. In addition to the foregoing, interested disadvantaged and majority contractor orgalnizations will receive direct mailings of this complete program with a reques~ that they provide written conm~ents to the City on this program. Resolution No. 85-107 Page 8 VII. Contract Procedure This plan shall be implemented through the utilization of a contract special provision which is attached hereto as Attachment "C". These procedures require bidders to submit the names of D/WBE subcontractors and suppliers, a description of the work each is to perform or material to be furnished, and the dollar value of each D/WBE subcontract. VIII. D/WBE Notification Projects will be advertised in local newspapers and minority focus newspapers when possible. These ads will include reference to D/WBE requirements and will indicate DBE and WBE goals set by the City. D/WBE assistance centers will receive notification of projects scheduled to be advertised. Assistance Centers, Minority Business Development Centers and Program Management Centers will receive complimentary plans and specifications for projects within their geographical area responsibility. IX. Disadvantages and Woman Owned Banks The City of Rancho Cucamonga will encourage all contractors to use the services of banks owned and controlled by minorities or women. This encouragement will be disseminated during pre-bid and Pre-construction conferences (if scheduled) and the contract specifications. Selection Criteria for Contracts with D/WBE Goals Every contract containing D/WBE goals shall be evaluated by the D/WBE Liaison Officer to his/her designee to ascertain bidding contractor's Resolution No. 85-[07 Page 9 efforts to attain the D/WBE goals. The award of any project with D/WBE goals must be concurred with by the D/WBE Liaison Officer or his/her designee before said contract may be awarded. Should there be disagreement between the City's functional units concerning contractor's efforts to attain contract goals for D/WBE participation, the matter shall be referred to the Liaison Officer or his/her designee, for final determination. Competitors that fail to meet the D/WBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. Any contracts that contain D/WBE goals, pursuant to this policy, will be monitored on an ongoing basis by project personnel during the course of construction. The D/WBE Liaison Officer is to be in~nediately advised of any circumstances wherein contractor compliance with the D/WBE provision is questionable. The contractor shall submit a final report for each project with D/WBE goals which includes total payments to the prime contractor as well as payments the prime contractor has made to D/WBE subcontractors, vendors and suppliers. If the report indicates the prime contractor has not achieved the project goals, project personnel shall attach an evaluation, in narrative form, of the reasons for failure to attain the goals and any corrective action that was taken. Prime contractors will be required to notify City personnel of any situation in which regularly scheduled progress payments are not made to D/WBE subcontractors, vendors or suppliers. Resolution No. 85-107 Page 10 XI. Set-Asides If determined necessary by the D/WBE Liaison Officer, the City, will consider the use of D/WBE set-asides as a tool to achieve the overall City goal. XII. Countinq D/WBE Participants The City, its contractors, and subcontractors shall count D/WBE participation in accordance with the provisions of Section 23.47, Title 49, of the Code of Federal Regulations. XIII. Records and Reports The D/WBE 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: * Awards to D/WBE's. * Awards to majority contractors. * Final project reports concerning D/WBE utilization. Such other data as is needed to fully evaluate the City's compliance with this program. ResoLution No. 85-LO7 Page [ L The D/WBE Liaison Officer shall submit reports to CalTrans and to U.S. DOT elements as required. These reports will include: * Number and dollar value of contracts awarded. Number and dollar value of contracts and subcontracts awarded to D/WBE's. Description of general categories of contracts awarded to D/WBE's. The percentage of the dollar value of all contracts awarded during the quarter which were awarded to D/WBE's. Indication as to the extent of which the percentage met Or exceeded the overall City goals. XIV. * Reports sex. D/WEE Listing shall be broken down separately by ethnic grouping and The City of Rancho Cucamonga will utilize a listing of firms certified by CalTrans to be Disadvantaged Businesses in accordance with the DOT Order. This listing will be developed and maintained in accordance with Sections 23.51, 23.53, 23.55, and 23.87 of 4g CFR. This listing shall be made available to Propsective contractors at no charge. Resolution No. 85-107 Page 12 Contractors will be permitted to rely upon the authenticity of firms listed in this Directory. XV. Complaints Any complaints received by the City concerning this program will be investigated by the City. The City will endeavor to resolve said complaints within gO days of receipt of the D/WBE 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 proposed disposition of said complaint. Contractors will be directed to notify the City of any complaints they may receive concerning this program. Resolution No. 85-i07 Page 13 Organization Chart CITY )tAttAGER Mr. Lauren Wasse~nan I COI~I~UNITY DEVELOPMENT DIRECTOR Mr. Jack Lam ATTACHMENT "A" Duties Insure that the D/WBE is implemented as adopted by the City Council. LIAISON OFFICER Mr. Lloyd B. Hubbs City Engineer ! I PUBLIC WORKS ENG., iStaff Delegation! [ Duties per Section III of Policy Statement SENIOR CIVIL ENG.* SENIOR CIVIL ENG.* SENIOR CIVIL ENG* TP~AFFIC LAND DEVELOPMENT DESIGN [ m I * Duties to assist the Liaison Officer in insuring contractor compliance through receiving reports and taking interviews and making field observations and keeping records of contract acitivities. Resolution No. 85-107 Page 14 ATTACHMENT "8" The City of Rancho Cucamonga has set the following annual goals for participation in projects receiving U.S. DOT Funds by DBE and WBE contractors for the period of October 1, 1984 through September 30, 1985. DBE: 10%, WBE: 1%. Listed project for Fiscal Year 1984-85: ARCHIBALD AVENUE FEDEP~AL AID URBAN (FAU) Participation: Total Project Estimate: $1,020,064.00 10 percent Disadvantaged Business Enterprise $ 102,006.40 1 percent Women-Owned Business Enterprise $ 10,200.64 Resolution No, 85-107 Page 15 ATTACHMENT C SI~ECIAJ- PROVISIONS 2-1.02 DISADVANTAGED BUSINESS. This Project is subject to Part 23, Title 4g, Code of Federal Regulations entitled "Participation By Minority Business Enterprise In Department of Transportation Programs." Portions of the Regulations, including portions of Subpart D which defines Disadvantaged business (DB) and includes other provisions implen~nting Section i05(f) of the 1982 Surface Transportation Act, are set forth in Section 6-1.04, of these special provisions, and the Regulations in their entirety are incorporated heroin by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged Business {DB) and Woman owned Business Enterprise {WBE) programs developed pursuant to the Regulations; particular attention is directed to the following matters: {a) A DB or WBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; {b) A DB or WBE may participate as a subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; {c) A DB or WBE Joint venture partner must be responsible for a clearly defined portion of the work to be performed in addition to satisfying requirements for ownership and control. The DB or WBE joint venturer must submit either Schedule B of the Regulations or California Department of Transportation Form CRSA, "Information for Determining Disadvantaged Business and Woman Owned Business Enterprise Joint Venture Eligibility',; (d) A DB or WBE must perform a conm~ercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; {el Credit for a DB or WBE vendor of materials or supplies is limited to 20 percent of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods; {f) Credit for trucking by DBs and WBEs will be the amount to be paid when the DB or WBE trucker will perform the trucking with his/her own trucks, tractors and employees or when a DB or WBE trucking broker has signed agreements with DB or WBE truckers assuring that the trucking will be perforn~mcl by DB and WBE truckers, respectively. Credit for trucking by DBS and WBEs will be limited to 20 percent of the amount paid in all other cases. (g) A DE or WEE must be a certified DE or WBE on the date bids for the project are opened before credit may be allowed toward the DB or WBE goal. The Department's DB and WBE Directory identifies DBs and WBEs which have been certified. Others may also qualify for certification but must be certified before bid opening. The DB and WBE directory may be obtained. Resolution No. 85-107 Page 16 (h) Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for such breach. {i) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. 2-1.03 DB and WBE GOALS FOR THIS PROJECT, The City has established the following goals for disadvantaged businesses {DB) participation and for woman owned business enterprises (WBE} participation for this project: Disadvantaged business (DB) __percent Woman owned business enterprises {WBE) __ percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DB and WBE subcontractors and suppliers, so as to assure meeting the goals for DB and WBE participation. SECTIOR 3. SIJBMISSIOR QF DE AND ~E II~OMATIOR, AWARD, AMD EXECUTION (IF COMTRACT 3-i.01 GENERAJ.. The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning submittal of DB and WBE information, award, and execution of contract, It is the bidder's responsibility to meet the goals for DB and WBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so, as outlined in Appendix A "Guidance Concerning Good Faith Efforts" set forth in Section 6-1.04, "Participation by Minority Business Enterprises in Subcontracting," elsewher~ in these special provisions. It is agreed that the bidder's security furnished under the provisions of Section 2-1.07, "Proposal Guaranty," of the Standard Specifications shall also be security for the bidder's compliance with the DB and WBE information requirements in Section 3-1.01A, "DB and WBE information," herein. It is further agreed that if the bidder fails to submit the required DB and WBE information by the times specified in said Section 3-1.01A, such failure shall be deemed to be a failure to execute the contract and shall be just cuase for the forfeiture of the security of the bidder. 3-1.01A DB and WBE INFOR~4ATION. The apparent successful bidder (low bidder (low bidder) and the second low bidder shall submit DB and WBE information to the office at which bids were received no later that following bid opening. Other bidders need not submit DB and WBE information unless requested to do so by the Department, When such request is made, the DB and WBE information of such bidder shall be submitted within 5 days, unless a later time is authorized by the Department. The bidders DB and WBE information shall establish that the DB and WBE goals will be met or that a good faith effort to meed the goals has been made. Resolution No, 85-107 Page Bidders are cautioned that even though their submittal indicates they will meet the stated DB and WBE goals, their submittal should also include their good faith efforts information along with their DB and WBE goal information to protect their eligibility for award of the contract in the event the Department, in its review, finds that the goal has not been met. The information to show that the DB and WBE goals will be met shall include the names of DBs and WBEs to be used with a complete description of work or supplies to be provided by each and the dollar value of each such DB and WBE transaction. (Note: DB and WBE subcontractors for signal and lighting items, if there are such items of work, must have been named in the bid - See section entitled "Subcontracting" of these special provisions}. The information necessary to establish the bidder's good faith efforts to meet the DB and WIlE goals should include: (1) The names and dates of advertisement of each newspaper, trade paper, and minority-focus paper in which a request for DB and WBE participation for this project was placed by the bidder; (2) The names and dates of notices of all certified DBs and ~Es solicited by direct mail for this project and the dates and methods used for following up initi al solicitations to determine with certainty whether the DBs or WBEs were interested. (3) The items of work for which the bidder requested subbids or materials to be supplied by DBs and WBEs, the information furnished interested DBs and WBEs, the plans, specifications and requirements for the work, and any break down of items of work into economically feasible units to facilitate DB or WBE participation. Where there are DBs or WBEs available for doing portions of work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for DBs or WBEs to bid on. (4) The names of DBs and WBEs who submitted bids for any of the work indicated in (3) above which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting a DB or WBE bid was price, give the price bid by subcontractor or supplier. Since the utilization of available DB's & WBEs is expected, only significant price differences will be considered as cause for rejecting such DB or WBE bids. (5) Assistance that the bidder has extended to DBs and WBEs identified in (4) above to remedy the deficiency in their subbids. (6) Any additional data to support a demonstration of good faith effort, such as contacts with DB and WBE assistance agencies. 3-1.01B AWARD OF CONTRACI'. The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goals for DB and WBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goals for DB and WBE participation or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for award of contract.