HomeMy WebLinkAboutReso - CC - 031-1997RESOLUTION NO. 31-97
APPROVING ADOPTION OF STATE DISADVANTAGED BUSINESS
ENTERPRISE PROGRAMS AND GOALS
RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council
does hereby FIND, ORDER and DETERMINE AS FOLLOWS:
goals.
1. The public interest and convenience require the adoption of the above programs and
2. The Mayor be, and is hereby authorized to execute the policy statement of such
programs and goals.
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 7 th day
of APR'TL , 1997, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE'
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CITY OF BURLINGAME
I. Policy Statement
It is the policy of the City of Burlingame to utilize Disadvantaged Business Enterprises
(DBE) and firms as defined in 49 CFR 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 Agency, its contractors and subcontractors, which are the recipients of Federal -aid
funds, agree to ensure DBE funis 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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ROSALIE M. O'MAHONY
/J, • lj '
Mayor
City of Burlingame
IL DBE Liaison Officer
DENISE DALY, (415) 696-7206, is the DBE Liaison Officer for this Agency and shall
report to the DIRECTOR OF PUBLIC WORKS. She will be assigned such staff as is
necessary to fully implement the provision of 49 CFR Part 23 and such other DBE programs
as may be required.
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 bids, 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.
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 DBE's.
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, telephone number, ethnic and/or
sexual ownership, type of work performed by firm.
o Prior to approval of the substitution of any DBE subcontractor, 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.
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.
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o Maintain such documentation as is necessary to verify performance of all activities
included in this program.
IV. Public Notification
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 available for public
inspection for a period of 30 days.
o Notification 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
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 49 CFR Part 23, Subparts (C) and (D) and take effect on April 30 of each year.
2. The overall DBE goal established with this initial program is 10% and covers the
period from May 1, 1997 to April 30, 1998.
3. Individual project goals will be established based on the following criteria:
o Attainment of established overall goals.
o Size of project.
0 Opportunities 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 in which work is to be
performed.
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.
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. 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 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 their contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award
and performance of DOT -assisted contracts."
VI. Contracts Procedure
This program shall be implemented through the utilization of a contract special provision
which 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 materials to be furnished, and the
dollar value of each DBE subactivity.
VII. DBE Notification
Projects will be advertised in local newspapers and minority 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 of projects 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.
VIII. Selection Criteria for Projects with DBE Goal
Every project containing a DBE goal shall be evaluated by the DBE Liaison Officer or 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 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 CITY MANAGER, or his 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 DBE 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 report for each
project which includes total payments to the prime contractor as well as any payments 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 payments are not made to DBE subcontractors, vendors or suppliers.
IX. Set -Asides
If determined necessary by the DBE Liaison Officer, DBE Set -Asides will be considered as
a tool to achieve annual overall goals.
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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.
XI. Records and Reports
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 DBE'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 DBE Liaison Officer shall submit reports to Caltrans and/or to the appropriate
U.S. DOT element as required. These reports will include:
o Number and dollar value of contracts awarded.
o Number and dollar value of contracts and subcontracts awarded to DBE's.
o Description of general categories of contracts awarded to DBE's.
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 the
City. It 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 proposed disposition of said complaint.
Contractors will be directed to notify the Agency of any complaints they may receive
concerning this program.