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HomeMy WebLinkAboutReso 160-1984 RESOLUTION NO. 16~1-F~4 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ADOPTING THE CITY OF SOUTH SAN FRANCISCO DISADVANTAGED BUSINESS ENTERPRISE PROGRAM WHEREAS, the City Council of the City of South San Francisco by its Resolution No. 104-81, adopted a Minority Business Program; and WHEREAS, it is now necessary, due to a change in Federal regulations, to amend said program and re-entitle it the "City of South San Francisco Dis- advantaged Business Enterprise Program"; and WHEREAS, it is essential to adopt a Disadvantaged Business Enterprise Program in order for the City to receive Federal funding of necessary street improvement projects; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Adoption. The City of South San Francisco Disadvantaged Business Enterprise Program, a copy of which is attached hereto as Exhibit "1", and incorporated herein by reference, as though set forth verbatim, is hereby adopted. 2. Signature. The Mayor is authorized to sign the Policy Statement appearing in said program, on behalf of the City, and the City Clerk attest his signature thereto. 3. Repealer. City of South San Francisco Resolution No. 104-81 is hereby repealed. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meetin§ held on the lOth day of October , 1984, by the fol 1 owing vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None -2- EXHIBIT "1" TO RESOLUTION NO. 160-84 CITY OF SOUTH SAN FRANCISCO DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. Pol icy Statement It is the policy of the City of South San Francisco (City) to utilize Disadvantaged Business Enterprises in all aspects of Federal Aid Transportation contracting to the maximum extent feasible. This policy is fully described in the City of South San Francisco Disadvantaged Business Enterprise Program which constitutes City policy and a commitment to substantially increase Disadvantaged Business and Women's Business Utilization. This policy includes any program ,or facility funded wholly or 'in part by any U.S. Department of Transportation modal element, through the California Department of Transportation (CalTrans). As used herein, the term "Disadvantaged Business EnterpriSe" (DBE) shall also include Women's Business Enterprise (WBE) unless cited separately. The City, its contractors and subcontractors, which are the recipients of Federal-aid funds, agree to ensure that disadvantaged business enterprises have the maximum opportunity to participate in the perfor- mance of contracts and subcontracts. In this regard, the City and all of its contractors and subcontractors will take all reasonable steps in accordance with 49CFR23 to ensure that disadvantaged business enterpri- ses have the maximum opportunity to compete for and perform contracts. · ATTESTED BY: i~rk ~ay6r ~ /Date /84 II III Disadvantaged Business Enterprises (DBE) Liaison Officer Mr. Robert S. Yee, Director of Public Services, is the DBE Liaison Officer for the City. Mr. Yee will assign such staff as is necessary to fully implement the provision of 49CFR Part 23 and such other DBE programs as may be required. 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: - Develop and carry out technical assistance programs for DBE's. - Arrange solicitations, time for the presentation of bids, quan- tities, specifications, and delivery schedules, so as to facili- Page i of 5 IV tare the participation of DBE's. Where such changes are found necessary to increase DBE utilization, they will be made in con- sultation and cooperation with the functional unit involved. Carry out 'information and communication programs on contracting opportunities in a' timely manner. Investigate the full extent of services offered by banks 'owned and controlled by disadvantaged individuals or women. Ensure that, where possible, City utilizes said banks. Utilize a listing of DBE's certified by the California Department of Transportation (CalTrans), Said listing to be made available to all bidders on City projects. Such listing shall include,, at a minimum, the following information: Name, address, telephone number, ethnic 'and/or sexual ownership, type of work performed by fi rm. Approve any removal and/or substitution of a Disadvantaged Business Enterprise during contract performance. Prior to approval of substitution and/or removal of DBE, prime contract6rs will. be required to prove performance of good faith efforts to replace the DBE with another eligible DBE. Establish overal1 City goals for both Disadvantaged and Women's Business Enterprises. Goals shall be evaluated on September 30 of each year and adjusted as necessary. Establish individual project goals for Disadvantaged and Women's Business Enterprises. All projects will be evaluated for the appropriateness of goal s. Maintain such documentation as is necessary to verify City perfor- mance of the above activities. Establishment of Overal 1 City Goal The City will establish an overall goal for its use of DBE's. This goal will be updated annually as of September 30, of each year. The City's overall goal and methodology used to determine the goal for the fiscal year beginning October 1, 1983, is shown on Attachment "A". Contract Goal s All projects receiving U.S. DOT funds will be evaluated for the appropriateness of DBE/WBE goals. Projects will be evaluated and goals established, utilizing the following criteria: - Size of project - Opportunities for DBE's as subcontractors, vendors, suppliers. - Minority population of county in which work is to be performed. Page 2 of 5 VI VII VIII IX Existing DBE goals being utilized in the project area by other State, Federal or local jurisdictions. ~ Availability of DBE's. Past experience on projects similar to the project being evaluated. - Such other factors as may affect the utilization on DBE's. Each project will be evaluated in conformance with the above criteria. Complete documentation will be retained of every pr°ject~so evaluated. Public Notification At the time of submittal of this program to the U.S. Department of Transportation, City will publish a notice in both minority and majority local media. Said publication shall: Announce the City overall ~goal s. · 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 City will accept comments on the goals for 45 days from the date of notice. The notice shall advise interested parties that comments are for informational purposes only. Contract Procedure This plan shall be implemented through the utilization of contract spe- ci'al provisions, samples of which are attached. These procedures 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 subcontract. DBE Notification Designated State Plan Rooms will receive complimentary plans and speci- fications for projects within their geographical area of respon- sibility. All contractors bidding on City projects will receive copies of the certified DBE list for use in requesting subcontractors for 1 abor and materi al s. Disadvantaged Individual and Female Owned Banks City will encourage all contractors to use the services of banks owned and controlled by disadvantaged individuals or females. This encoura- gement will be disseminated during pre-bid and pre-construction con- ferences (if scheduled) and the contract specifications. Page 3 of 5 XI .XII XIII Selection Criteria for Contracts Every contract shall be evaluated by the DBE liaison Officer or his/her designee to ascertain bidding contractors' efforts to attain the DBE goals. The award of any project must be concurred with by the DBE Liaison Officer or his/her designee before said contract may be awarded. Competitors that fail to meet the DBE goals and fail to demonstrate sufficient reasonable efforts shall not be eligible to be awarded the contract. · All contracts, 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 provisions is questionable. The contractor shall submit a final report for each project which includes total payments to the prime contractor as well as payments the prime contractor has made to DBE subcontractor, vendors and suppliers. If the report indicates the prime contractor has not achieved the pro- ject goals, project personnel shall~ attach an evaluation, i'n 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 DBE subcontractors, vendors or suppliers. Set-Asides If determi~ned necessary by the DBE Liaison Officer, City may consider the use of DBE. set-asides as a tool to achieve the'overall City goal~ Counting DBE Participants City, 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. 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- - Procedures which have been adopted to comply with this DBE policy. - Awards to DBE's. - Awards to majority contractors. - Final project reports concerning DBE utilization. Page 4 of 5 XIV XV Such other data as is needed to fully evaluate City compliance with this program. The DBE Liaison Officer shall submit DBE data to CalTrans and reports to U.S. DOT elements as required. These reports will include: - Number and dollar value of contracts awarded to DBE's. - Description of general categories of contracts awarded to DBE's. .The percentage of the dollar value of all contracts awarded during the quarter which'were awarded to DBE's. Indication as to the extent of which the percentage met or exceeded the overall City goal. Reports shall be broken down separately by ethnic grouping and sex. DBE Li sting City will utilize a listing of firms certified by CalT'rans to be Disadvantaged Businesses in accordance with the DOT Order. This listing shall be made available to prospective contractors at no charge. Contractors will be permitted to rely upon the authenticity of firms listed in this directory. A contractor desiring to use a DBE not included in the CalTrans certified listing will be allowed to do so, but will be required to provide the specified information from the DBE to be certified by CalTrans before such participation is counted towards award of the project. 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 90 days of receipt by the DBE Liaison Officer. The appropriate DOT element will be furnished a copy of the complaint and invited to participate in the investigation/resolution. The DOT ele-- ment will receive a complete investigative report on the complaint and will '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. Page 5 of 5 CITY OF SOUTH SAN FRANCISCO SPECIAL PROVISIONS Section 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the Standard Specifications dated January 1981, the Standard Plans dated January, 1981, and the Standard Specifications for Welding Structural Steel dated January 1981, of the Department of Transportation insofar .as the same my apply and in accordance with the following special provisions. ,. In case of conflict between the Standard Specifications or the Standard Specifications for Welding Structural Steel and these special provisions, these special provisions shall take precedence over and be used in lieu of such conflicting portions. DEFINITIONS AND TERMS · As used herein, unless the context otherwise requires, the following terms have the following meaning: Department of Transportation. The City Council of the City of South San Francisco, State of California. Director of Transportation.. The City Council of the City of South San Francisco, State of California. Engineer. The CityEngineer of the City of South San Francisco, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory. The established laboratory of the Materials and research Department of the Department of Transportation of the State of California or laboratorieS authorized by the Engineer to test materials and work. involved in the contract. · ' State. The City of South San Francisco. Transportation Building~ Sacramento. City Hall, City of South San Francisco, State of California. State Highway Engineer. The City Engineer of the. City of South san FranCisco, State of California. Standard Specifications. Means the 1981 edition of the Standard. . Specification§ of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to the City or its corresponding agency, office or officer acting under this contract. · (P~rA: 5 is ~.vised. ) " (Use in Peaera~--1 Projec~ with DB and ~3E goals,) (Delete Para. 22 if SSP ~e_n-42 is used.) (Paras.-5 and'f6 - delet~ if no signal or lighti~~ work.) "Federal . -- . . -'--- Gen-40- . : .. 5-1. SUBCO~-NTRACTING.--Attention is directe~ to the provi'~ sions in .~e_ction R--1.01, "Subcontracting,' of tke ~tan~ard. Speci- fications,, Sectio~ 2, 'Proposal Requirements and C~nditions," Section 3,, "Submission of DB and WBE Information, ~ward, an~ · Execution ~)f Contract," elsewhere in these-special provisions these spe~_ial provisions. - . . . The rec~_uirement in .the .third paragraph of s~id ~ectior~ 8~i. Oi : :.2 that the ~%3ntractor shall perform with his-ow~ or'~anization :-' '" .-~ contract w~r/Drk amounting to not less '.than 50 percerat of the "- ' '- ...-' original c~-ontract ~rice is not changed by the Fede-ra]. Aid.- - :- . requiremer~rt in Section 6-1.05 of these special pr~isions"t'hat -- the Contractor perform not less than 30 percent, of the original - contract work with his own'organization. " -· ~: The DB ~nd WBE information furnished, under Sec%_~on 3-1.0lA, "DB and W5.~ Information,' of these special provisions is in addition ~o the subcontractor information-r.equire~ to be furnished ~]nder said Section 8-1 . . In accordance with the Federal MBE regulations ~Section. 23.45(f)(2) Part 23, Title 49 CFR]; .. 1. ~o substitut, ion of a DB or WBE subcontra~tor shall be made at any time without the writte~ consent of the Department~ and : . 2. If a DB or WBE subcontractor is unable ~ perform successfully and is to be replaced , .' the contra~or will be required to make good faith efforts to replac~ ~he original DB and WBE subcontractor with anothe.r DB or WB~ subcontractor. 3 4b The "Subletting and Subcontracting Fair Practi~s Act"'~ (Government Code Section 4100-4113, i,~clusive] applies to the items of signals and lighting and requires subcon~actors, if. used for such work, to be listed in the prime contractor's proposal; prohibits the substitution of subcontractors, except as therein authorized; and provides for penalties for wiolations of ---the Act. Bidders are cautioned that this' listing ~equirement is in addition to the requirement to provide a list c,~ DB and' subcontractors after the opening of.the, proposals. Each bidder -' .shall, with respect to the items-of 'signals and l~.~hting,.l'isk in ~ his Proposal: - .- - SPECIAL PROVISIONS 2-1.02 DISADVANTAGED BUSINESS,--This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation By Minor~'ty 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 imple'menting Section 105(f) of the 1982 Surface Transportation Act, are set for'th in Section 6-1.O4, of these special provisions, and the Regulations in their entirety are incorporated herein 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 su~ontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; (c)' A DB or WBE joint ven'ture partner mu~st be. responsible 'for a clearly defined portion of the work to b~ performed in addition to satisfying requirements for ownership and control. The DB or WBE joint venturer must submit "Schedule B" Form CR5A, "Information for Determining Disadvantaged Business and Woman Owned Business Enterprose Joint Venture Eligibility"; (d) A DB or WBE must~ perform a commercially 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; (e) Credit for a DB or WBE vendor of materials or supplies is limited to 20 percent of the amou~k to be paid to the vendor for the material unless the vendor ~anufactures or substantially alters the goods; · -2- .. ~ . . Gen-40 . -" ' ' '11-30-83 .. · . ·. . 1. The name and the location of the place of. business of each subcontractor who .will perform work or.'labor pS render ~ervices to the prime', contractor ·in.or about the construction of the work or '..improvement , - or a subcontractor liCense-~,, b~ the State of California ~ who, under Subcontract to the. prime contractor, spec'ially-fabricates and installs a Portion of.~the ~ork or i~provement aCcording· to 'detailed draw~.ngs.-.contained in the p~ans'and Specifications,' in an'amOunt in excess, of. one-half of one percent of'the ·prime. contractor:s total bid. 2. The portion 'of the.work whi'c~~ {~ill be. done {~Y each' such Subcontractor. Only one subcontractor shall be listed for' · · each such portion. ?' .... '-' - ~ ' '; A sheet for listing the-subcontractors, as requi_red by the Subletting and Subcontract'ing Fair Practices Act, is included in . the proposal. '- ' 'i... ' .- 5a 5b oO (f) A DB or WBE must be certified before credit may be allowed toward the DB or WBE goal. The CaItrans DB and WBE Directory identifies DBs and WBEs which have been certified and others which may qualify for certification.. THe DB and WBE directory .is available from the City/County. (g) Noncompliance by the Contractor with the require--. ments of the regulations constitutes a breach of this contract. and may result in termination of the contract or other appropriate remedy for such breach." · (h) 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 Department has establisked goals of percent for disadvantaged businesses (DB) participation and percent for woman owned business enterprises (WBE) participation. 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. SECTION 3. SUBMISSION OF DB AND WBE ]~NFORMATION, AWARD, AND EXECUTION OF CONTRACT 3-1.01 GENERAL.--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. 3-1.01A DB and WBE INFORMATION.--The apparent successful bidder (low bidder) shall submit DB and WBE information to the office at which bids were received no later than 2 p.m. On Friday of the week following bid opening, unless a later time is authorized hy the Department. 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 he submitted within 5 days, 6nless a later time is authorized by the Department. The information shall include: (1) 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; See Form for "Bidder DB/WBE information" in bidder invitation- (Note DB and WBE subcontractors for signal and lighting items, if there are such Stems of work, mus~ have been named in the bid - See section entitled _ ,,Subcontracting'' of ~these Special Provisions.) *(2) A "Disadvantaged Business and Woman owned Business EnterPrise Questionnaire" (Schedule A) for ca'ch DB and WBE not already certified; · *{3) Either a Schedule B or California Department of ~ "Information for Determining Transportation from CR5A, Disadvantaged Business and Woman owned Business Enterprise. Joint'Venture Eligibility"~for each DB and WBM joint 'venturer. *'Note: C'Opies of forms, are available from City/County' at bidders' request. Bidders whose submittal in (1) above indicates the)~ will meet the stated DB and WBE goals needs not submit any further DB and WBE information, unless the Department in its review finds that the goal has not been met, in which case additional in'for~tion will be requested by the Department. The additional, information may be requested to clarify claimed DB and WBE participation, add DB and WBE participation, or demonstrate that a good faith effort was.made to meet the DB and WBE goals. Such information shall be submitted by' the bidder within 5 working days of verbal or written ~equest, unless a later time is authorized .by the City/County. · It is the bidder's responsibility to meet the goals for DB and WBE participation or to provide information to establish good --- faith efforts to do so. Such information should inelmde the following: (4) The names and dates of advertisement o~ each newspaper, trade paper, and minority-focus paper ~n which a request for DB and WBE participation for. this pro~ect was placed by the bidder; (5) The names and dates of notices of all ee~.tified DBs and WBEs solicited by direct mail for this pmojeet:- (6) The items of work for which the bidder ~equested subbids or materials to be supplied by DBs and WBEs; (7) The names of DBs a~d WBEs who submitte~ bids for any of the work indicated in (6) above which were not accepted, the name of the subcontractor of supplier that was selected for that portion of work, and the reasons for the bidder's choice. (If the reason was price, g~ve the price bid by the rejected DB or WBE and the price bid by the selected subcontractor or supplier); (8) Assistance that the bidder has extende~ ~o DBs and WBEs identified in (7) above to remedy the deficiency in their subbids. (9) Any additional data to support a demonstration o£ goodfaith effort, such as contacts with DB and WB~ assistance agencies. .~ 3-1.01B AWARD OF CONTRACT.--The award of contract~ if ~t --- be awarded, will be to the lowest responsible bidder proposal complies with all the requirements prescribed a~ who ~as met'the goals for DB and WBE participation or has demonstrated, to the satisfaction of the Department, goo~ faith effort to do so~ Meeting the goals for DB and WBE participation or demonStrat.ing, to the satisfaction of Department, good faith efforts to do so is a condition f~ being eligible for award of contract. ATTACHMENT "A" CITY OF SOUTH SAN FRANCISCO OVERALL DBE/WBE GOALS FOR YEAR BEGINNING OCTOBER 1, 1984 DBE Participation Goal- 10% WBE Participation Goal: 1%