Loading...
HomeMy WebLinkAbout96-008v ~ r gal s ~ ~ f., a `-~ x~ .w ~ a. t j~ ~ .S ~5 ~ ~, v k, ':~`~'~ .. ~~~~ti~~lufi~~it ~'~~~. 96-08 RESOLUTION ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE (DBE} PROGRAM FOR ROAD PROJECTS INVOLVING FEDERAL FUNDING WI-IEREAS, in compliance with Section I003(b) of the Federal-Aid Highway Act of 1991, the County of Butte must have a current Disadvantaged Business Enterprise (DBE) Program for road projects involving Federal Funds; and WHEREAS, the County of Butte adopted the current DBE Program on December 14, 1993; and WHEREAS, it is necessary to designate the Public Works Givil Engineering Supervisor as the DBE Liaison Officer and to include other minor amendments to conform to present program guidelines; NOW, ~I'1IERF,FORE, BE I"f RESOLVED that the Butte County Board of Supervisors hereby approves the Butte County Department of Public Works Disadvantaged Business Enterprise Program for road projects involving Federal funding and authorizes the Chair to sign. PASSED AND ADOPTED by the Butte County Board of Supervisors this 23rd day of January , 1996, by the following: AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair McLaughlin NOES: None ABSF,NT: None NO"I' VO"I'INU: None ~~ ~ 1 ED MCLAUGHLIN, hair Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clcrk of the Board BY t DISADVANTAGED BUSINESS ENTERPRISE (DBE} PROGRAM. COUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS I. Policy Statement It is the policy of the Butte County Department of Public Works 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 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 £'art 23 to ensure that DBE firms have the maximum opportunity to compete for and perform contracts. ~ ~ /~~ 1 ~.~, y vt ~ ED MCLAUGH ,Chair Butte County Board of Supervisors II. Disadvantaged Business Enterprise (DBE} Liaison Officer The Public Works Civil Engineering Supervisor is the DBE Liaison Officer for this agency and shall report to the Director of Public Works. He/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 (~ffieer shall develop, manage and implement the DBE Program on a day- to-day basis. "Typical duties include, but are not limited to the following activities: • Develop and carry out technical assistance programs for DBEs. • Arrange solicitations, time for the presentation of bids, quantities, specifications and delivery schedules so as, to facilitate the participation of DBEs. Where such changes are found necessary to increase DBE utilization, they will be made in consultation and cooperation with the functional unit involved. Provide guidance to DBEs in overcoming barriers, such as inability to obtain bonding or financing. • Carry our information and communication programs on contracting opportunities in a timely manner. Programs shall be bilingual where appropriate. • Investigate the services offered by banks owned and controlled by Disadvantaged Business F,nterprises. • Unless noted elsewhere herein the listing on DBEs certified by Caltrans will be utilized. Said listing is to be made available to all project bidders. Such listing will include the fallowing information: Name, address, telephone number, ethnic and/or sexual ownership, and type of work performed by firm. • Prior to approval 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. • Establish a DBE overall annual goal. The goal shall be evaluated annually and adjusted as necessary. 2 Establish an appropriate individual project DBE goal for each Federal-aid project advertised. Perform good faith analysis when the project goal is not achieved. 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: • The annual overall DBE goal. • Notification that a description of how the goal was set is available for public inspection for a period of 30 days. 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 (l) 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 "f,he DBF goal will be established both annually (overall) and on a per contract basis. 'I~he overall goal will be based an 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 ©and (D) and take effect on October 1st of each year. 2. The overall DBE goal established with this initial program is 1 Q% and covers the period October 1, 1995 to September 30, 1996. 3. Individual project goals will be established based on the following criteria: 3 • Attainment of established overall goals. • Size of project. • Opportunities for DBEs as subcontractors, vendors, and suppliers. • Minority population of geographic area in which work is to be performed. • DBE goals being utilized in the geographic area by other State, Federal or local jurisdictians. • Availability of certified DBEs. • fast experience on projects similar to the project being evaluated. • Such other factors as may effect the utilisation of DBF,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 ~9 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 disad~-~antaged business enterprises as defined in 49 CFR Part 23 have the maximum apportimity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. [n 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. 4 VI. Contract Procedure "hhis program shall be implemented through the utilization of a contract special provision which will be provided/updated as necessary by Caltrans' Office of Local Programs. `fhese procedures require bidders to submit the names of DBE subcontractors and suppliers, a description of the ~~ork each is to perform or material to be furnished, and the dollar value of each DBF, 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 his/her designee to ascertain bidding contractors' el-forts 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 concet•ning contractors' efforts to attain contract goals for DBE participation, the matter shall be referred to the Director of Public Works or hislher designee, for final determination. Competitors that fail to meet the DBE goal or fail to demonstrate sufficient reasonable good faith efforts shall be declared non-responsive and ineligible for award of the contract. A11 contracts that contain a DBE goal, pursuant to this policy, will be monitored on a 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. 5 IX. Counting USE Participants This agency, its contractors, and subcontractors shall count DBE participation in accordance with the provisions of Section 23.47, "Title 49, of the Cade of Federal Regulations. X. Retards and Reports The DBE Liaison Officer shall maintain such records, and provide such reports, as are necessary to ensure future compliance with this policy. Such records and reports shall include, as a minimum, the following information: • Award to DBEs. • Awards to majority contractors. • Final project reports concerning DBE utilization. • Sueh other data as is needed to fully evahiate compliance with this program. 2. The DBE Liaison Officer shall submit reports to Caltrans andlor to the appropriate. U.S. DOT modal element as required. XL Complaints Any complaints received by the Agency concerning this program will be investigated by the Public Works Civil Engineering Supervisor. He/She will endeavor to resolve said complaints within 90 days of receipt by the DBE Liaison Officer. The appropriate DQT modal element and Caltrans will be furnished a copy of the complaint and may be invited to participate in the investigation/resolution, The DOT modal 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. 6