HomeMy WebLinkAbout1/17/2001 - STAFF REPORTS (11) DATE: January 17, 2001
TO: City Council
FROM: City Engineer
APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR FHWA
FUNDED PROJECTS IN FEDERAL FISCAL YEAR 2000/2001
RECOMMENDATION:
That the City Council approve the City of Palm Springs' Disadvantaged Business
Enterprise Program for FHWA funded projects in Federal Fiscal Year 2000/2001
and authorize the City Manager to execute the Program.
SUMMARY:
New Federal regulations were issued in 1999 regarding Disadvantaged Business
Enterprises (DBE's). These revised regulations replaced the previously used DBE
regulations, found in 49 Code of Federal Regulations (CFR) Part 23, with those
now found in 49 CFR Part 26. The most significant changes to the DBE
regulations required that each recipient of Federal aid independently determine its
DBE Annual Overall Goal and distribute its Overall Goal and Program for public
review, and have the Overall Goal and Program approved by their respective
Boards or Councils. Previously, recipients were allowed to set their Overall Goals
at a statutory rate of 10%.
BACKGROUND:
The California Department of Transportation (Caltrans) has been delegated
oversight responsibility for DBE implementation throughout the state for all public
works projects receiving Federal Highway Administration (FHWA) funds. On
September 9, 1999, Caltrans issued direction to all local agencies of new Federal
regulations issued by the U. S. Department of Transportation that would change
the process by which they determine their annual DBE Programs. As FHWA's
representative for DBE affairs in California, Caltrans had prepared a DBE Model
Program for local agency use. However, that Program was not officially approved
by FHWA until July 2000.
Staff attended a training seminar for the new DBE Program implementation,
facilitated by Caltrans on August 10, 2000, and proceeded with preparation of the
City's DBE Annual Overall Goal and Program for Federal Fiscal Year 2000/2001.
Subsequently, staff determined a DBE Annual Overall Goal of 16%, following
guidelines provided by Caltrans, and the draft Goal and Program were forwarded
to Caltrans for review by the October 1, 2000, deadline. Caltrans provided minor
comments to staff on October 31, 2000, and gave preliminary approval of the draft
Goal and Program on November 7, 2000.
Pursuant to the DBE Federal regulations, a Public Notice was published in the
Desert Sun on November 16, 2000, providing for a 30-day review and concurrent
45-day public comment period. There were no public comments received
regarding the City's proposed DBE Overall Annual Goal and Program for Federal
Fiscal Year 2000/2001. The DBE Program is available for review in the Office of
the City Clerk. In
DAVID J. BARAKIAN
City Engineer -�
APPROVE` D .�-2 ��• -
City Manager
i
ATTACHMENTS:
1. Resolution
1*200
CITY OF PALM SPRINGS
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN, that the City of Palm Springs has established an Overall Annual
Disadvantaged Business Enterprise Goal of sixteen percent(16%),applicable to U.S. Department
of Transportation contracting opportunities scheduled to be awarded during the period of January
1, 2001, through September 30, 2001. The City of Palm Springs' proposed Overall Annual Goal
and its rationale were developed in response to U.S. Department of Transportation's New
Disadvantaged Business Enterprise Program Final Rule (49 CFR Part 26) and are available for
inspection for thirty(30)days following the date of this Notice, from 8:00 A.M. to 5:00 P.M., Pacific
Standard Time, Monday through Friday at our principal place of business located at:
City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
www.ci.palm-springs.ca.us
Comments will be accepted on the Goal for forty-five (45) days from the date of this Notice.
Comments can be forwarded to the City of Palm Springs, at the above stated address or to the
California Department of Transportation, District Local Assistance Engineer (DLAE), Mr. Louis
Flores, at 464 W. 4`h Street, MS1030, San Bernardino, CA 92401.
Dated at Palm Springs, California, this 16`h day of November, 2000.
Patricia A. Sanders
City Clerk
cc mtg - 01/17/01
P J ,
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
the Comity aforesaid;I am over the age of eighteen
years,and not a party to or interested in the NosSse CITY OF PALM SPRINGS
above-entitled matter.I am the clerk of a PUBLIC NOTICE
principal NOTICE IS HEREBY GIVEN that the City of Palm
printer of the,DESERT SUN PUBLISHING Springs has established an Overall Annual Disad-
vantaged Business Enterprise Goal of sixteen per-
COMPANY a newspaper of general circulation, cent (16%), applicable,to U.S. Department of
Transportation contracting opportunities ached-
printed and published in the city of Palm Springs, uled to be awarded during the period of January
1,2001 through September 30,2001.The Qty of
County of Riverside,and which newspaper has been Palm Springs proposed Overall Annual Goal Dis-
adjud is-
adjudged a newspaper of general circulation b the advantaged Business Enterprise Pill Final
1 gg Y Rule (49 GEE Part 26) and are available for in-
Superior Court of the County of Riverside,State of spection for thirty (30 days following the date of
this Notice from 8'0 A M. to 5:00 P.M., Pacific
California under the date of March 24,1988.Case Standard time, Monday through Friday at our
Number 191236;that the notice,of which the principal place
CRy ofsaaim SPlated at
Office of the City Clerk
annexed is a printed copy(set in type not smaller 3200 E Tangwt:canyon Way
than non oriel,has been published in each regular Palm Springs, CA 92263
1 P g www.a.palm-spnngs.ca us
and entire ISSUC Of sold newspaper and nOf In any Comments will be accepted on the Goal for forty-
4ve (45) days from the date of this Notice. Com-
supplement thereof on the following dates,to wit: ments can be forwarded to the City of Palm
Springs, at the above stated address or to the
California Department of Transportation, District
November 16th Loral Assistance Engineer ULAE). Mr. Louis
Flores, at 464 W. 4th Street MS1030, San Ber-
__________---__________- ________________ ____________------ nardino, CA 92401
" Proof at Palm,Springs,California,this 16th day of
'lovember, 2000.
,'atricia A Sanders
"---_---------------_____--------_---------------_------ City Clerk
PUB: November 16, 2000 _ -All in the year 2000
1 certify(or declare)under penalty of perjury that the
foregoing is true and correct.
16th
Dated at Palm Springs,California this--------------day
November
of-------------------- 2000
----------------------------------------------------------------
Signature
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f2117I Get E fG�
CITY OF PALM SPRINGS
ENGINEERING DEPARTMENT
FEDERAL FISCAL YEAR 2000/2001
DISADVANTAGED BUSINESS ENTERPRISE
(DBE) PROGRAM
OF PALM S
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RPORAS Eo
cgLrFORA`P
DAVID J. BARAKIAN, P.E., CITY ENGINEER
MARCUS L. FULLER, P.E., DBE LIAISON OFFICER
CITY OF PALM SPRINGS
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
I. Definitions of Terns
The terms used in this program have the meanings defined in 49 CFR §26.5.
H. Objectives /Policy Statement (§§26.1, 26.23)
The City of Palm Springs has established a Disadvantaged Business Enterprise (DBE) program in
accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The
City of Palm Springs has received Federal financial assistance from the DOT, and as a condition of
receiving this assistance,the City of Palm Springs will sign an assurance that it will comply with 49 CFR
Part 26.
It is the policy of the City of Palm Springs to ensure that DBEs, as defined in part 26, have an equal
opportunity to receive and participate in DOT-assisted contracts. It is also our policy:
To ensure nondiscrimination in the award and administration of DOT-assisted contracts;
To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts;
To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
participate as DBEs;
To help remove barriers to the participation of DBE's in DOT-assisted contracts; and
To assist the development of firms that can compete successfully in the market place outside
the DBE Program.
Marcus L. Fuller, Associate Civil Engineer, has been delegated as the DBE Liaison Officer. In that
capacity, Mr. Fuller is responsible for implementing all aspects of the DBE program. Implementation
of the DBE program is accorded the same priority as compliancewith all other legal obligations incurred
by the City of Palm Springs in its financial assistance agreements with the California Department of
Transportation (Caltrans).
The City of Palm Springs has disseminated this policy statement to the City Council of the City of Palm
Springs and all the components of our organization. We have distributed this statement to DBE and
non-DBE business communities that perform work for us on DOT-assisted contracts by publishing this
statement in general circulation, minority-focused and trade association publications.
III. Nondiscrimination (§26.7)
The City of Palm Springs will never exclude any person from participation in, deny any person the
benefits of, or otherwise discriminate against anyone in connection with the award and performance
of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin.
In administering its DBE program, the City of Palm Springs will not, directly or through contractual or
other arrangements, use criteria or methods of administration that have the effect of defeating or
substantially impairing accomplishment of the objectives of the DBE program with respectto individuals
of a particular race, color, sex, or national origin.
IV. DBE Program Updates (§26.21)
The City of Palm Springs will continue to carry out this program until the City of Palm Springs has
established a new goal setting methodology or until significant changes to this DBE Program are
adopted. The City of Palm Springs will provide to Caltrans a proposed overall goal and goal setting
methodology and other program updates by June 1 of every year.
V. Quotas (§26.43)
The City of Palm Springs will not use quotas or set asides in any way in the administration of this DBE
program.
Page 2 of 20
VI. DBE Liaison Officer(DBELO) (§26.45)
The City of Palm Springs has designated the following individual as the DBE Liaison Officer(DBELO):
Marcus L. Fuller, Associate Civil Engineer
3200 E. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263-2743
(760) 323-8253, extension 8744
marcusf@cj.palm-spdngs.ca.us
In that capacity,Mr.Fuller is responsible for implementing all aspects of the DBE program and ensuring
that the City of Palm Springs complies with all provisions of 49 CFR Part 26. This is available on the
Internet atosdbuweb.dot.gov/main.cfm. Mr. Fuller has direct,independent access to the City Engineer
of the City of Palm Springs concerning DBE program matters. Mr. Fuller has a staff of four(4)support
personnel who devote a portion oftheirtime to the DBE Program. An organization chart displaying the
DBELO's position in the organization is found in Attachment A to this program.
The DBELO is responsible for developing, implementing and monitoring the DBE program, in
coordination other appropriate officials. Duties and responsibilities include the following:
Gathers and reports statistical data and other information as required.
Reviews third party contracts and purchase requisitions for compliance with this program.
Works with all departments to set overall annual goals.
Ensures that bid notices and requests for proposals are available to DBE's in a timely manner.
Identifies contracts and procurements so that DBE goals are included in solicitations(both race-
neutral methods and contract specific goals) and monitors results.
Analyzes the City of Palm Springs' progress toward goal attainment and identifies ways to
improve progress.
Participates in pre-bid meetings.
Advises the CEO/goveming body on DBE matters and achievement.
Chairs the DBE Advisory Committee.
Participates with the legal counsel and project director to determine contractor compliance with
good faith efforts.
Provides DBE's with information and assistance in preparing bids, obtaining bonding and
insurance.
Plans and participates in DBE training seminars.
Provides outreach to DBE's and community organizations to advise them of opportunities.
VII. Federal Financial Assistance Agreement Assurance (§26.13)
The City of Palm Springs will sign the following assurance, applicable to all FHWA-assisted contracts
and their administration as part of the program supplement agreement for each project:
The recipient shall not discriminate on the basis of race, color, national origin,or sex in
the award and performance of any DOT-assisted contract or in the administration of its
DBE Program or the requirements of 49 CFR part 26. The recipient shall take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in
the award and administration of DOT-assisted contracts. The recipient's DBE Program,
as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference
in this agreement. Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement. Upon notification
to the recipient of its failure to carry out its approved program, the Department may
impose sanctions as provided for under part 26 and may, in appropriate cases, refer
the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
Page 3 of 20
VIII. DBE Financial Institutions
It is the policy of the City of Palm Springs to investigate the full extent of services offered by financial
institutions owned and controlled by socially and economically disadvantaged individuals in the
community, to make reasonable efforts to use these institutions, and to encourage prime contractors
on DOT-assisted contracts to make use of these institutions.
Information on the availability of such institutions can be obtained from the DBE Liaison Officer. The
Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer.
IX. Directory (§26.31)
The City of Palm Springs will refer interested persons to the DBE directory available from the Caltrans
Disadvantaged Business Enterprise Program website at www.dot.ca.gov/hq/bep.
X. Overconcentration (§26.33)
The City of Palm Springs has not identified any types of work in DOT-assisted contracts that have a
overconcentration of DBE participation. If in the future the City of Palm Springs identifies the need to
address overconcentration,measures for addressing overconcentration will be submitted to the DLAE
for approval.
XI. Business Development Programs (§26.35)
The City of Palm Springs does not have a business development or mentor-prot6g6 program. If the
City of Palm Springs identifies the need for such a program in the future,the rationale for adopting such
a program and a comprehensive description of it will be submitted to the DLAE for approval.
XII. Required Contract Clauses (§§26.13, 26.29)
Contract Assurance
The City of Palm Springs ensures that the following clause is placed in every DOT-assisted contract
and subcontract:
The contractor or subcontractor shall not discriminate on the basis of race,color, national origin, or sex
in the performance of this contract. The contractor shall cant'out applicable requirements of 49 CFR
part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry
out these requirements is a material breach of this contract,which may result in the termination of this
contract or such other remedy as recipient deems appropriate.
Prompt Payment
The City of Palm Springs ensures that the following clauses or equivalent will be included in each DOT-
assisted prime contract:
Satisfactory Performance
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 10 days from the receipt of each payment the prime contractor
receives from the City of Palm Springs. Any delay or postponement of payment from the above
referenced time frame may occur only fo good cause following written approval of the City of Palm
Springs. This clause applies to both DBE and non-DBE subcontractors.
Release of Retainaqe
The prime contractor agrees further to release retainage payments to each subcontractor within 30
days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment
from the above referenced time frame may occur only for good cause following written approval of the
City of Palm Springs. This clause applies to both DBE and non-DBE subcontractors.
Page 4 of 20
XIII. Monitoring and Enforcement Mechanisms (§26.37)
The City of Palm Springs will assign a Resident Engineer(RE) or Contract Manager to monitor and
track actual DBE participation through contractorand subcontractor reports of payments in accordance
with the following:
After Contract Award
After the contract award the City of Palm Springs will review the award documents for the portion of
items each DBE and first tier subcontractor will be performing and the dollar value of that work. With
these documents the RE/Contract Manager will be able to determine the work to be performed by the
DBE's or subcontractors listed.
Preconstruction Conference
A preconstruction conference will be scheduled between the RE and the contractor or their
representative to discuss the work each DBE subcontractor will perform.
Before work can begin on a subcontract,the City of Palm Springs will require the contractor to submit
a completed"Subcontracting Request,"Exhibit 16-B of the LAPM or equivalent. When the RE receives
the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The RE
will not approve the request when it identifies someone other than the DBE or first tier subcontractor
listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The
"Subcontracting Request"will not be approved until any discrepancies are resolved. If an issue cannot
be resolved at that time, or there is some other concern,the RE will require the contractor to eliminate
the subcontractor in question before signing the subcontracting request. A change in the DBE or first
tier subcontractor may be addressed during a substitution process at a later date.
Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be
compared to those listed in the completed Exhibit 16-1 of the LAPM or equivalent. Differences must
be resolved by either making corrections or requesting a substitution.
Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act(FPA). The City
of Palm Springs will require contractors to adhere to the provisions within Subletting and Subcontracting
Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all
subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or$10,000,
whichever is greater. The statute is designed to prevent bid shopping by contractors. The FPA
explains that a contractor may not substitute a subcontractor listed in the original bid except with the
approval of the awarding authority.
The RE will give the contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged
Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be
required at the end of the project,forwhich payment can be withheld,in conformance with the contract.
Construction Contract Monitorinq
The RE will ensure that the RE's staff(inspectors) know what items of work each DBE is responsible
for performing. Inspectors will notify the RE immediately of apparent violations.
When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify
the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's
response, the RE will take appropriate action:
1. The DBE Liaison Officer will perform a preliminary investigation to identify any potential
issues related to the DBE subcontractor performing a commercially useful function.
2. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business
Enterprise Program. If the contractorfails to adequately explain why there is a discrepancy,
payment for the work will be withheld and a letter will be sent to the contractor referencing
the applicable specification violation and the required withholding of payment.
If the contract requires the submittal of a monthly truck document, the contractor will be required to
submit documentation to the RE showing the owner's name;California Highway Patrol CA number;and
the DBE certification number of the owner of the truck for each truck used during that month for which
Page 5 of 20
DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in
the daily diary or on a separate piece of paper for documentation. The numbers will be checked by
inspectors regularly to confirm compliance.
Providing evidence of DBE payment is the responsibility of the contractor.
Substitution
When a DBE substitution is requested, the RE/Contract Manager will request a letter from the
contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to
be sure names and addresses are shown, dollar values are included, and the reason for the request
is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will
notify, in writing,the DBE subcontractor regarding the proposed substitution and procedure forwritten
objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair
Practices Act. If the contractor is not meeting the DBE contract goal with this substitution, the
contractor must provide the required good faith effort to the RE/Contract Manager for local agency
consideration.
If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution, the
RE/Contract Manager may contact the DLAE for assistance and direction.
Record Keepinq and Final Report Utilization of Disadvantaqed Business Enterprises
The contractor shall maintain records showing the name and address of each first-tier subcontractor.
The records shall also show:
The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of
materials and DBE trucking company.
The date of payment and the total dollar figure paid to each of the firms.
The DBE prime contractor shall also show the date of work performed by their own forces along with
the corresponding dollar value of the work claimed toward DBE goals.
When a contract has been completed the contractor will provide a summary of the records stated
above. The DBE utilization information will be documented on Exhibit 17-F and will be submitted to the
DLAE attached to the Report of Expenditures.The RE will compare the completed Exhibit 17-F to the
contractor's completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-B. The DBE's
shown on the completed Exhibit 17-F should be the same as those originally listed unless an
authorized substitution was allowed, or the contractor used more DBE's and they were added. The
dollar amount should reflect any changes made in planned work done by the DBE. The contractor will
be required to explain in writing why the names of the subcontractors, the work items or dollar figures
are different from what was originally shown on the completed Exhibit 15-G when:
There have been no changes made by the RE.
The contractor has not provided a sufficient explanation in the comments section of the completed
Exhibit 17-F.
The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the
project records.
The DBE Liaison Officer will keep track of the DBE certification status on the Internet at
www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will
require the contractor to act in accordance with existing contractual commitments regardless of
decertification.
The DLAE will use the PS&E checklist to monitor the City of Palm Springs' commitment to require
bidders list information to be submitted to the City of Palm Springs from the awarded prime and
subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders
list information is required to be submitted as stipulated in the special provisions.
The City of Palm Springs will bring to the attention of the DOT through the DLAE any false,fraudulent,
or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to
the Department of Justice for criminal prosecution, referral to the DOT Inspector General,action under
suspension and debarment or Program Fraud and Civil Penalties rules)provided in§26.109. The City
Page 6 of 20
of Palm Springs also will consider similar action under its own legal authorities, including responsibility
determinations in future contracts.
XIV. Overall Goals (§26.45)
Amount of Goal
The City of Palm Springs'overall goal for the Federal fiscal year FY 2000/2001 is the following: 16%
of the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into
11% race-conscious and 5% race-neutral components.
Methodoloqy
The Methodology for calculating the Federal fiscal year FY 2000/2001 overall goal is found in
Attachment B to this program.
Breakout of Estimated Race-Neutral and Race-Conscious Participation
The breakout of race-neutral and race-conscious participation in the Federal fiscal year FY 2000/2001
overall goal is found in Attachment B to this program.
Process
Starting with the Federal fiscal year 2002,the amount of overall goal,the method to calculate the goal,
and the breakout of estimated race-neutral and race-conscious participation will be submitted annually
by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted contracts.
Submittals will be to the Caltrans' DLAE. The City of Palm Springs will follow this process:
Once the DLAE has responded with preliminary comments and the comments have been incorporated
into the draft overall goal information, the City of Palm Springs will publish a notice of the proposed
overall goal, informing the public that the proposed goal and its rationale are available for inspection
during normal business hours at the City of Palm Springs'principal office for30 days following the date
of the notice, and informing the public that comments will be accepted on the goals for 45 days
following the date of the notice by the City of Palm Springs. Advertisements in newspapers, minority
focus media, trade publications, and websites will be the normal media to accomplish this effort. The
notice will include addresses to which comments may be sent and addresses (including offices and
websites)where the proposal may be reviewed.
The overall goal resubmission to the Caltrans DLAE, will include a summary of information and
comments received during this public participation process and the City of Palm Springs' responses.
This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final
review so the City of Palm Springs may begin using the overall goal on October 1 of each year.
Provisions for"Design-Build" projects are found in Attachment C to this program.
XV. Contract Goals (§26.51)
The City of Palm Springs will use contract goals to meet any portion of the overall goal it does not
expect being able to meet by the use of race-neutral means. Contract goals are established so that,
over the period to which the overall goal applies, they will cumulatively result in meeting any portion of
the overall goal that is not expected to be met through the use of race-neutral means.
Contract goals will be established only on those DOT-assisted contracts that have subcontracting
possibilities. Contract goals need not be established on every such contract, and the size of contract
goals will be adapted to the circumstances of each such contract (e.g., type and location of work,
availability of DBE's to perform the particular type of work). The contract work items will be compared
with eligible DBE contractors willing to work on the project. A determination will also be made to decide
which items are likely to be performed by the prime contractor and which ones are likely to be
performed by the subcontractor(s). The goal will then be incorporated into the contract documents.
Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract.
Page 7 of 20
XVI. Transit Vehicle Manufacturers (§26.49)
If DOT-assisted contracts will include transit vehicle procurements,the City of Palm Springs will require
each transit vehicle manufacturer,as a condition of being authorized to bid or propose on transit vehicle
procurements,to certify that it has complied with the requirements of 49 CFR Part 26,Section 49. The
City of Palm Springs will direct the transit vehicle manufacturer to the subject requirements located on
the Internet at http://osdbuweb.dot.gov/programs/dbe/dbe.htm.
XVII. Good Faith Efforts (§26.53)
Information to be Submitted
The City of Palm Springs treats bidders'/offerors' compliance with good faith effort requirements as a
matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement
and solicitation.
Each solicitation for which a contract goal has been established will require the bidders/offerors to
submit the following information to the City of Palm Springs with, and as a part of,the Bid Documents
due by the date and time specified for bid opening:
The names and addresses of known DBE firms that will participate in the contract;
A description of the work that each DBE will perform;
The dollar amount of the participation of each DBE firm participation;
Written and signed documentation of commitment to use a DBE subcontractorwhose participation
it submits to meet a contract goal;
Written and signed confirmation from the DBE that it is participating in the contract as provided in
the prime contractor's commitment; and
If the contract goal is not met, evidence of good faith efforts.
Demonstration of Good Faith Efforts
The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate
that it has done so either by meeting the contract goal or documenting good faith efforts. Examples
of good faith efforts are found in Appendix A to part 26 which is found in Attachment D to this
program.
The DBELO is responsible for determining whether bidder/offerorwho has not met the contract goal
has documented sufficient good faith efforts to be regarded as responsive.
The City of Palm Springs will ensure that all information is complete and accurate and adequately
documents the bidder/offeror's good faith efforts before a commitment to the performance of the
contract by the bidder/offeror is made.
Administrative Reconsideration
Within 10 days of being informed by the City of Palm Springs that it is not responsive because it has
not documented sufficient good faith efforts, a bidder/offeror may request administrative
reconsideration. Bidder/offerors should make this request in writing to the following reconsideration
official:
David J. Barakian, City Engineer
3200 E. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92263-2743
(760) 323-8253, extension 8732
davidb@ci.palm-springs.ca.us
The reconsideration official will not have played any role in the original determination that the
bidder/offeror did not make or document sufficient good faith efforts.
As part of this reconsideration, the bidder/offeror will have the opportunity to provide written
documentation or argument concerning the issue of whether it met the goal or made adequate good
faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the
Page 8 of 20
reconsideration official to discuss the issue of whether it met the goal or made adequate good faith
efforts to do. The City of Palm Springs will send the bidder/offeror a written decision on
reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make
adequate good faith efforts to do so. The result of the reconsideration process is not administratively
appealable to Caltrans, FHWA or the DOT.
Good Faith Efforts when a DBE is Replaced on a Contract
The City of Palm Springs will require a contractor to make good faith efforts to replace a DBE that is
terminated or has otherwise failed to complete its work on a contract with another certified DBE,to the
extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately
of the DBE's inability or unwillingness to perform and provide reasonable documentation.
In this situation, the prime contractor will be required to obtain the City of Palm Springs'prior approval
of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of
good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Palm
Springs' contracting office will issue an order stopping all or part of payment/work until satisfactory
action has been taken. If the contractor still fails to comply, the contracting officer may issue a
termination for default proceeding.
XVIII. Counting DBE Participation (§26.55)
The City of Palm Springs will count DBE participation toward overall and contract goals as provided in
the contract specifications for the prime contractor, subcontractor,joint venture partner with prime or
subcontractor, or vendor of material or supplies.
XIX. Certification (§26.83(a))
The City of Palm Springs ensures that only DBE firms currently certified on the Caltrans' directory will
participate as DBE's in our program.
XX. Information Collection and Reporting
Bidders List
The City of Palm Springs will create and maintain a bidders list,consisting of information about all DBE
and non-DBE firms that bid or quote on its DOT-assisted contracts. The bidders list will include the
name, address, DBE/non-DBE status, age, and annual gross receipts of firms.
Monitorinq Payments to DBE's
Prime contractors are required to maintain records and documents of payments to DBE's for three
years following the performance of the contract. These records will be made available for inspection
upon request by any authorized representative of the City of Palm Springs, Caltrans, FHWA, or DOT.
This reporting requirement also extends to any certified DBE subcontractor.
Payments to DBE subcontractors will be reviewed by the City of Palm Springs to ensure that the actual
amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of
DBE participation.
Reportinq to Caltrans
The City of Palm Springs will report the final utilization of DBE participation to the DLAE using Exhibit
17-F of the Caltrans' LAPM.
Confidentiality
The City of Palm Springs will safeguard from disclosure to third parties information thatmay reasonably
be regarded as confidential business information, consistent with Federal, state, and local laws.
Page 9 of 20
Submitted by:
CITY OF PALM SPRINGS
Da
David H. Ready, City ger
City of Palm Springs
Accepted by:
CALIFORNIA DEPARTMENT OF TRANSPORTATION
Dated: ��-Wz
c
Gattfads District 08
District Local Assistance Engineer
APPROVED AS TO FORM
Attorney
Date 11 D l __ AP
�RGl1fE® BY THE CITY COUNCIL
75
Page 10 of 90
CITY COUNCIL
CITY MANAGER
O
CITY ENGINEER z�
Q3 N D
m D 0
o ASSOCIATE CIVIL ENGINEER / DBE LIAISON ENGINEERING FIELD SUPERVISOR zZ
OFFICER 0-1
o =DD
ASSISTANT ENGINEER PUBLIC WORKS INSPECTOR
ENGINEERING TECHNICIANENGINEERING FIELD TECHNICIANI
ATTACHMENT B
OVERALL ANNUAL DBE GOAL AND METHODOLOGY
I. DOT-ASSISTED CONTRACTING PROGRAM FOR FFY 2000101
The following represents the City of Palm Springs'projected FHWA funded contracts and expenditures
by work category and corresponding NACIS Code for FFY 2000/01:
STPL 5282 (013); City Project 99-14—Gene Autry Trail Sidewalk and Bikeway Project
TEA Grant, 88.53% Federal Participation
Type of Work: Concrete Construction—SIC 1611, NAICS 2357
[Preliminary Engineering previously authorized and obligated — not included in total]
Construction/Construction Engineering to be authorized
Construction Estimate: $300,000; Federal—$266,000
CML 6164(010); City Project 99-21 — 1999/2000 PM-10 Paving Projects
CMAQ/TEA 21 PM10 Project, 88.53% Federal Participation
Type of Work: Highway& Street Construction—SIC 1611, NAICS 23411
[Preliminary Engineering previously authorized and obligated — not included in total]
Construction/Construction Engineering to be authorized
Construction Estimate: $300,000; Federal—$266,000
STPLER 5282 (014); City Project 2000-01 —Gene Autry Trail/Ramon Road Median Landscaping
TEA Grant; 79% Federal Participation
Type of Work: Landscaping—SIC 0781, NAICS 44422 and 56173
[Preliminary Engineering previously authorized and obligated — not included in total]
Construction/Construction Engineering to be authorized
Construction Estimate: $550,000; Federal—$435,000
STPLG 5282 (010); City Project 2000-05—Tahquitz Canyon Way Traffic Signal Interconnect
STP Grant; 100% Federal Participation
Type of Work: Electrical—SIC 1611, NAICS 2353
[Preliminary Engineering previously authorized and obligated — not included in total]
Construction/Construction Engineering to be authorized
Construction Estimate: $600,000; Federal—$600,000
STPL 5282 (016); City Project 2000-10— Indian Canyon Drive Widening, south of Garnet
STP Grant; 88.53% Federal Participation
Type of work: Highway & Street Construction
Preliminary Engineering, Construction/Construction Engineering to be authorized
Engineering Estimate: $20,000; Federal—$18,000
Construction Estimate: $180,000; Federal—$160,000
Summarized in the following Table:
Estimated % of Federal
Work Category SIC Category NAICS Category Federal Dollar Funding by Work
Value Category
Highway&Street 1611 23411 $426,000.00 24.41%
Construction
Electrical 1611 2353 $600,000.00 34.38%
Concrete 1611 2357 $266,000.00 15.24%
Landscaping 0781 44422/56173 $435,000.00 24.93%
Civil Engineering Consulting 8711 54133 $18,000.00 1.04%
Totaltl- $1,745,000.00 100.00%
Paoe 12 of 20
II. GOAL METHODOLOGY
Step 1: Determination of a Base Figure
To establish the City of Palm Springs' Base Figure of the relative availability of DBE's in relation to all
comparable firms available forthe City's FFY 2000/01 DOT-assisted contracting program,the City has
elected to utilize the Caltrans DBE Directory of certified firms(filtered to represent only DBE firms within
the City's relevant market area of Los Angeles, Orange,San Bernardino, Riverside, Imperial and San
Diego Counties) for calculating the numerator and the County Census Bureau Data within the same
geographical market area to calculate the denominator, as follows:
For the numerator. Caltrans' DBE Directory
For the denominator: Census Bureau's Business Pattern Database (CBP)
Or, Number of Readv. Willinq and Able DBE's
Number of All Ready, Willing and Able Firms
Numerator(Caltrans DBE's within Market Area)
Note: Information was obtained using the Caltrans DBE Calcert file, extracting DBE firms by
Work Category Code (WCC), and filtering for firms located within the market area.
For Highway& Street Construction; Work Type NAICS 23411 (WCC 2201): 17 DBE's
For Electrical; Work Type NAICS 23531 (WCC 8602): 19 DBE's
For Concrete; Work Type NAICS 23571 (WCC 4010): 25 DBE's
For Landscaping; Work Type NAICS 56173 & 44422 (WCC 0620): 8 DBE's
For Civil Engineering Consulting; Work Type NAICS 54133 (WCC 8720): 82 DBE's
Denominator(Firms within Market Area)
Note: Information was obtained by extracting the U.S. Census Bureau's Business Pattern Database
for firms by NAICS work type for each County within the market area, summarized in the following
Table:
NAICS Work Type Code
County 23411 23531 23571 44422 54133 56173
Riverside 60 330 181 60 168 393
Las Angeles 118 1520 359 180 1464 958
San 51 303 136 38 185 210
Bernardino
Orange 74 681 236 71 1009 658
San Diego 98 557 245 83 849 728
Imperial 3 17 8 19 10 29
Totals 404 3408 1165 451 3685 2976
Base Figure = (0.2441) (DBE's in NAICS 23411) = (0.2441)(17) = 0.1037
CBP's in NAICS 23411 (404)
+ (0.3438)(DBE's in NAICS 2353) + (0.3438)(19) = 0.0019
CBP's in NAICS 2353 (3408)
+ (0.1524)(DBE's in NAICS 2357) + (0.1524)(25) = 0.0033
CBP's in NAICS 2357 (1165)
+ (0.2493)(DBE's in NAICS 44422) + (0.2493)(8) = 0.0006
CBP's in NAICS 44422 (3427)
Page 13 of 20
+ (0.0104)(DBE's in NAICS 54133) + (0.0104)(82) = 0.0002
CBP's in NAICS 54133 (3685)
Base Figure = (0.1037) + (0.0019) + (0.0033) + (0.0006) + (0.0002) = 0.1097 = 11%
Step 2: Adjusting the Base Figure
Upon establishing the Base Figure, the City reviewed and assessed other known relevant evidence
to determine what additional adjustments,if any,were needed to narrowly tailor the Base Figure to the
City's marketplace. Factors considered in determining the City's DBE participation that can be
expected, absent discrimination, included the following:
A. Current Capacity of DBE's Measured by Actual Attainments
The volume of work that DBE's performed in the City's DOT-assisted contracting program for Fiscal
Years 1998/1999 and 1999/2000 based on actual DBE utilization paid report summaries,summarized
in the following Table:
Project
STPLE 5282 STPLG 5282 STPLZ 5282 STPLG 5282 STPLG 5282
Fiscal Year (004) (008) (007) (008) (�) Average Dae
�C' PP of d Cilq Project city Project City Project CM1y Proles[ Participation
38 96-43 95-27 96-29
1998/99 , 10.01% � 3 ' ' 12.12% 8.92% 10.35%
1999/00 22.00% 17.63% ` ` , ` 19.82%
For Fiscal Year 1998/99, the following represented the City's FHWA funded contracts and
expenditures by Work category and and corresponding NACIS Code:
STPLG 5282 (006); City Project 95-38—Mid Valley Parkway Phase 1 Landscaping
TEA Grant, 88.53% Federal Participation
Type of Work: Landscaping—SIC 0781, NAICS 44422 and 56173
Construction Total: $249,633.00; Federal—$221,000.00
STPLG 5282(008); City Project 95-27—Gene Autry Trail/Tachevah Drive Traffic Signal
STP Grant, 100.00% Federal Participation
Type of Work: Electrical—SIC 1611, NAICS 2353
Construction Total: $125,933.29; Federal—$125,933.29
STPLG 5282 (009); City Project 96-29—Sunrise Way/ Racquet Club Drive Traffic Signal
STP Grant; 100.00% Federal Participation
Type of work: Electrical
Construction Total: $137,000.00; Federal—$137,000.00
Summarized in the following Table:
Estimated DBE Goal
Work Category SIC Category NAICS Category Federal Dollar Value Attainment
Electrical 1611 2353 $262,933.29 10.52°/o*
Landscaping 0781 44422/56173 $221,000.00 10.01%
10.35%
Average �% .' i
*Average DBE Goa Attainment for bot rederal projects,
Pane 14 of 20
For Fiscal Year 1999/00,the following represented the City's FHWA funded contracts and expenditures
by Work category and and corresponding NACIS Code:
STPLE 5282 (004); City Project 93-49 & 93-50— Heritage Trail Sidewalk/Bikeway Project
TEA Grant; 82.25% & 88.53% Federal Participation
Type of Work: Concrete Construction—SIC 1611, NAICS 2357
Construction Total: $873,781.00; Federal—$733,756.00
STPLZ 5282 (007); City Project 96-43—Indian Avenue Overhead Seismic Retrofit
STP Grant; 100.00% Federal Participation
Type of work: Highway &Street Construction
Construction Total: $212,898.00; Federal—$212,898.00
Summarized in the following Table:
Estimated DBE Goal
Work Category SIC Category NAICS Category Federal Dollar Attainment
Value
Highway&Street 1611 23411 $212,898.00 17.63%
Constriction
Concrete 1611 2357 $733,756.00 22.00%
.' i�i . e
u
Average �y'°.. �" ;:. � ��..;: .�� .....! 19.82/u
B. Resultant Goal Adjustment
The average DBE Goal attained through the two-year Fiscal Period 1998 - 2000 was 14.14%, an
increase of 41.4%over the stated 10.00%annual goal. This factor resulted in an upward adjustment
of the Base Figure from 11%to 16%for DBE participation in the City of Palm Springs' DOT-assisted
contracts projected to be expended in Fiscal Year 2000/01.
III. UTILIZATION OF RACE-NEUTRAL AND RACE-CONSCIOUS METHODS
The City maintained a DBE Program Overall (Race-Conscious) Goal of 10.00% for Fiscal Years
1998/99 and 1999/00, showing that on average,the City was successful in obtaining its Overall(Race-
Conscious)Goal and a Race-Neutral Goal of 0.35%for Fiscal Year 1998/99 and 9.82%for Fiscal Year
1999/00, or an average Race-Neutral Goal of 5.09% for the two-year Fiscal Period 1998-2000.
Of the overall annual 16%goal for DBE participation,the City of Palm Springs expects meeting 5%of
the goal utilizing race-neutral methods.
Page 15 of 20
ATTACHMENT C
PROVISIONS FOR "DESIGN-BUILD" PROJECTS
The following are hereby incorporated into the City of Palm Springs' Disadvantaged Business
Enterprise (DBE) Program:
II. Objectives/Policy Statement (§§26.1, 26.23)
At the end of the first paragraph, add the following:
The City of Palm Springs recognizes that certain modifications are necessary to adapt
the program for use in connection with `Design-Build"projects, and has therefore
established certain procedures applicable to Design-Build DBE contracts under the
DBE Program. Public Contract Code Section 4109 requires subcontractors to be
identified by the prime contractor for the subletting or subcontracting of any portion of
the work in excess of one-half of 1 percent of the prime contractors total bid.
Exceptions are only in the cases of public emergency or necessity, and then only after
a finding reduced to writing as a public record of the awarding authority setting forth the
facts constituting the emergencyornecessity. The written public record of the awarding
authority/Agency as to either emergency or necessity is attached hereto. (See
Example).
XIII. Monitoring and Enforcement Mechanisms (§26.37)
At the end of the first paragraph below"After Contract Award", add the following paragraph:
After Design-Build Contract Award
As described in the Section entitled"GOOD FAITH EFFORTS"below, each proposer
for a City of Palm Springs design-build contract will be required to submit a DBE
Performance Plan as part of responsive proposal. Following award of a design-build
contract and during both the design and construction portions of the project,the design-
build contractor will be required to submit documentation, in the form of progress
reports described below, to show that the design-build contractor is meeting the
contract goal forthe project, orif the goal is not being met the design-build contractor
must submit satisfactory evidence that it has made good faith efforts, in accordance
with that Section, to meet the goal. Evidence of good faith efforts, as described in 49
CFR Part 26 Section 26.5349 and found in Attachment D to this program, will be
monitored by the Agency throughout the duration of the design-build project.
At the end of the first paragraph below "Preconstruction Conference", add the following
sentence:
The contractor will promptly provide the City of Palm Springs with the information
required by the form entitled "Local Agency DBE Information"upon selection of any
DBE or other subcontractor not previously identified by the design-build contractor.
During the course of the contract,differences must be explained and resolved by either
making corrections or requesting a substitution.
At the end of the fourth paragraph be low"Constru ction Contract Monitoring", add the following
paragraph:
The contractor will provide DBE Progress Reports to the City of Palm Springs with each
invoice and will provide an annual report on or before August 1 of each year of the
design-build contract. Each report must also include a narrative summary stating
whetherthe contractoris on target with respect to the DBE goal set forth in the design-
build contract, whetherthe goal has been exceeded(stating the amount of the excess),
or whether the contractor is behind target(stating the amount of the deficit).
Page 16 of 20
XVII. Good Faith Efforts (§26.53)
At the end of the third paragraph below"Information to be Submitted', add the following items:
7. DBE Performance Plan containing a detailed description of the design-build
contractor's planned methodology for achieving the DBE goal stated in the
contract,including a description of the good faith efforts the design-build contractor
intends to undertake to achieve that goal.
8. A design-build proposal must also include an affidavit that the proposer will either
attain the DBE goals for the design-build contract or will exercise good faith efforts
to do so.
At the end of the first paragraph below "Demonstration of Good Faith Efforts", add the
following sentence:
If it is a design-build contract, each contractor proposing will be required to submit a
DBE Performance Plan as part of a responsive proposal and good faith efforts.
Pane 17 of 90
EXAMPLE OF PUBLIC EMERGENCY OR NECESSITY FINDING
RESOLUTION OF THE CITY OF REGARDING NECESSITY
OR EMERGENCY FOR SUBSEQUENT SUBCONTRACTOR
IDENTIFICATION AND SELECTION FOR DESIGN-BUILD CONTRACTS
(REQUIRED BY PUBLIC CONTRACT CODE SECTION 4109
ENTITLED "Public Emergency Grounds For Change")
A. EXPLANATION OF PUBLIC NECESSITY OR EMERGENCY;
B. FACTS CONSTITUTING THE PUBLIC NECESSITY OR EMERGENCY;
C. FINDINGS;
D. RESOLUTION FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS;
E. ADOPTION OF PROCEDURE TO BE USED BY DESIGN-BUILD CONTRACTOR FOR
SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS;
F. CERTIFICATE OF CITY CLERK
1. MOTION MADE AND DATE
2. VOTING RESULTS
3. SIGNATURES:
(a) (City Clerk)
(b) (City Manager)
Pane 18 of 20
ATTACHMENT D
APPENDIX A TO PART 26 -- GUIDANCE CONCERNING GOOD FAITH EFFORTS
I. When,as a recipient,you establish a contract goal on a DOT-assisted contract,a bidder must,
in order to be responsible and/or responsive, make good faith efforts to meet the goal. The
bidder can meet this requirement in either of two ways. First, the bidder can meet the goal,
documenting commitments for participation by DBE firms sufficient for this purpose. Second,
even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This
means that the bidder must show that it took all necessary and reasonable steps to achieve a
DBE goal or other requirement of this partwhich,by their scope,intensity,and appropriateness
to the objective, could reasonably be expected to obtain sufficient DBE participation, even if
they were not fully successful.
II. In any situation in which you have established a contract goal, part 26 requires you to use the
good faith efforts mechanism of this part. As a recipient, it is up to you to make a fair and
reasonable judgment whether a bidder that did not meet the goal made adequate good faith
efforts. It is important for you to consider the quality, quantity, and intensity of the different
kinds of efforts that the bidder has made. The efforts employed by the bidder should be those
that one could reasonably expect a bidder to take if the bidder were actively and aggressively
trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma
efforts are not good faith efforts to meet the DBE contract requirements. We emphasize,
however, that your determination concerning the sufficiency of the firm's good faith efforts is
a judgment call: meeting quantitative formulas is not required.
III. The Department also strongly cautions you against requiring that a bidder meet a contract goal
(i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even
though the bidder makes an adequate good faith efforts showing. This rule specifically
prohibits you from ignoring bona fide good faith efforts.
IV. The following is a list of types of actions which you should consider as part of the bidders good
faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is
it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in
appropriate cases.
A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid
meetings,advertising and/orwritten notices)the interest of all certified DBE'swho have
the capability to perform the work of the contract. The bidder must solicit this interest
within sufficient time to allow the DBE's to respond to the solicitation. The bidder must
determine with certainty if the DBE's are interested by taking appropriate steps to follow
up initial solicitations.
B. Selecting portions of the work to be performed by DBE's in order to increase the
likelihood that the DBE goals will be achieved. This includes, where appropriate,
breaking out contract work items into economically feasible units to facilitate DBE
participation, even when the prime contractor might otherwise prefer to perform these
work items with its own forces.
C. Providing interested DBE's with adequate information about the plans, specifications,
and requirements of the contract in a timely manner to assist them in responding to a
solicitation.
D. (1) Negotiating in good faith with interested DBE's. It is the bidders responsibility to
make a portion of the work available to DBE subcontractors and suppliers and to select
those portions of the work or material needs consistent with the available DBE
subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such
negotiation includes the names,addresses,and telephone numbers of DBE's thatwere
considered; a description of the information provided regarding the plans and
specifications for the work selected for subcontracting; and evidence as to why
additional agreements could not be reached for DBE's to perform the work.
(2) A bidder using good business judgment would consider a number of factors in
negotiating with subcontractors, including DBE subcontractors,and would take a firm's
Page 19 of 20
price and capabilities as well as contract goals into consideration. However, the fact
that there may be some additional costs involved in finding and using DBE's is not in
itself sufficient reason for a bidders failure to meet the contract DBE goal, as long as
such costs are reasonable. Also, the ability or desire of a prime contractor to perform
the work of a contract with its own organization does not relieve the bidder of the
responsibility to make good faith efforts. Prime contractors are not, however, required
to accept higher quotes from DBE's if the price difference is excessive or unreasonable.
E. Not rejecting DBE's as being unqualified without sound reasons based on a thorough
investigation of their capabilities. The contractors standing within its industry,
membership in specific groups, organizations, or associations and political or social
affiliations(for example union vs.non-union employee status)are not legitimate causes
for the rejection or non-solicitation of bids in the contractors efforts to meet the project
goal.
F. Making efforts to assist interested DBE's in obtaining bonding, lines of credit, or
insurance as required by the recipient or contractor.
G. Making efforts to assist interested DBE's in obtaining necessary equipment, supplies,
materials, or related assistance or services.
H. Effectively using the services of available minority/women community organizations;
minority/women contractors'groups;local,state,and Federal minority/women business
assistance offices; and other organizations as allowed on a case-by-case basis to
provide assistance in the recruitment and placement of DBE's.
V. In determining whether a bidder has made good faith efforts, you may take into account the
performance of other bidders in meeting the contract. For example, when the apparent
successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise
the question of whether, with additional reasonable efforts, the apparent successful bidder
could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or
exceeds the average DBE participation obtained by other bidders, you may view this, in
conjunction with other factors, as evidence of the apparent successful bidder having made
good faith efforts.
Paae 20 of ?0
RESOLUTION NO.19975
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS,CALIFORNIA,APPROVING THE CITY OF PALM
SPRINGS' DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM FOR FHWA FUNDED PROJECTS IN FEDERAL
FISCAL YEAR 2000/2001 AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PROGRAM
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, approving
the City of Palm Springs' Disadvantaged Business Enterprise Program for FHWA funded projects
in Federal Fiscal Year 2000/2001 and authorizing the City Manager to execute the Program.
ADOPTED this 171' day of January, 2001,
AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By _
City Clerk City Manager
REVIEWED&APPROVED TO AS FORM
I