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HomeMy WebLinkAbout12 - Disadvantaged Business Enterprise RequirementsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 September 27, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Bill Patapoff 949 - 644 -3321 b patapoff@ city. newport-beach.ca.us SUBJECT: ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR 2005 -2006 RECOMMENDATIONS: 1. Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2005, and ending September 30, 2006. 2. Authorize the Public Works Director to submit the approved DBE Program to Caltrans Staff. DISCUSSION: During the current fiscal year the City will receive approximately $1.08 million of Federal funding for capital improvement projects. In order to qualify for these funds, the City must adopt a revised Disadvantaged Business Enterprise (DBE) program for projects utilizing these Federal funds. The City has historically complied with all DBE goals and requirements. The program has been in place since 1984 when it was then entitled the Minority Business Enterprise Program. Recent U.S. Department of Transportation regulations require local agencies to submit a revised DBE Program and update the goals of the program annually. As a component of the program, contractors retained by the City to construct improvements fully or partially funded with Federal funds must indicate to the City what portion of the contract will be performed by DBE's (firms owned by disadvantaged groups such as minorities, women, etc.). This policy will not apply to City financed projects. Staff has prepared an Overall DBE Goal and Methodology document, attached for your approval. A public notice stating the City's Overall DBE Goal and Methodology was published one time in the Daily Pilot on August 8, 2005 and one time online on the La Opinion website (see attached notices). There were no comments received from the public during the 45 -day review period. The City's overall DBE goal established for Federally- funded projects is 6.2 percent for projects awarded between October 1, 2005, and September 30, 2006. This overall goal will be updated for each fiscal year when Federal funds are requested. In a typical SUBJECT: ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS AND APPOINTMENT OF LIAISON OFFICER FOR FEDERAL FISCAL YEAR 2005 -2006 September 27, 2005 Page 2 contract this means 6.2 percent of the total contract amount will be subcontracted to certified DBE firms. The goal of 6.2 percent is based on guidelines established by Caltrans. The updated DBE goal and methodology and DBE Program Policy are included as an attachment. These documents have been reviewed and approved by Caltrans Staff. .. . y-. Submitte t 500 Bill Patapoff V. City Engineer Pupl,-�'Works Directa Attachments: Overall DBE Goal and Methodology Document Public Notice — Daily Pilot Public Notice — La Opinion Goal Methodology Detail City of Newport Beach, DBE Program 2004/05 Step I: Determination of a Base Figure To establish the City of Newport Beach's base figure of the relative availability of DBE's to all comparable firms (DBE's and Non - DBE's) available to bid or propose on the City's Federal Fiscal Year 2005 -06 DOT - assisted contracting opportunities projected to be let, the City followed one of the five prescribed Federal goal - setting methodologies in the Caltrans Local Assistance Procedures Manual. This was accomplished by accessing the Caltran's online DBE Directory of Certified Firms and the 2002 U.S. Census Bureau County Business Patterns (CBP) Database. Comparisons were made by corresponding area codes within the City's market area and by the specified industries and types of businesses identified in the attached spreadsheet. Numerator = Caltran's DBE Directory of Certified Firms Denominator = Census Bureau's Business Pattern Database (CBP) The City has made a concerted effort to ensure the scope of businesses included in the numerator was as close as possible to the scope included in the denominator. For corresponding detail see attached spreadsheet. The identified market area represents where the majority of contractors and subcontractors the City does business with are established, and where the substantial majority of the City's contracting dollars will be spent. To determine the relative availability of DBE's for each work category, the City divided the numerator representing the ratio of ready, willing, and able DBE firms to bid, by the denominator representing all firms (DBE and Non -DBE) available to bid for each of the work categories. Application of this formula yielded the following baseline information. NumberofReadv. Willing, and Able DBE's Number of All Available Firms = BASE FIGURE Heavy Construction (NAISC — 23411 / Industry Code - 234): 19 DBE Firms 293 Total Firms = 0.065 Concrete Contractors (NAISC — 23411 / Industry Code - 23571): 19 DBE Firms 292 Total Firms = 0.065 Other Special Trades (NAISC — 23411 / Industry Code - 23590): 19 DBE Firms 597 Total Firms = 0.032 The Base Figures were further adjusted by weighting the relative availability of DBE groups within the major categories, giving more weight to the work categories in which the City will spend its DOT - assisted dollars. The figure resulting from this weighted calculation is as follows: Heavy Construction: 0.065 * 0.77 (77% of the project cost) = 0.050 or 5.0% Weighted Concrete Contractors: 0.065 * 0.15 (15% of the project cost) = 0.010 or 1.0% Weighted Other Special Trades: 0.032 * 0.08 (8% of the project cost) = 0.002 or 0.2% Weighted 5.0% + 1.0% + 0.2% = 6.2% TotdDBE God Step 2: Adjusting the Base Figure Upon establishing the Base Figure, the City assessed other evidence potentially impacting the relative availability of DBE's within the City's market area, in accordance with prescribed narrow tailoring provisions set forth under 49 CFR Part 26 DBE Goal Adjustment provisions. None of the evidence reviewed was deemed sufficient to justify an adjustment to the Base Figure. Furthermore, the project receiving DOT - assisted funds in the current year is very different from the types of contracts let in the past few years, so an adjustment based on prior rates would not be accurate. 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N N N O O O c O 0 O O O O O O 0 O O f O 0 O 0 (O = 0 d O N f0 = M O >^ O l0 :B m M y 0 C d C = N O L M ' v N d Ir p _O N _O E d E > L E d g o STATE OF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSINQ A001CY A IA S h C DEPARTMENT OF TRANSPORTATION DISTRICT 12 3337 MICHSLSON DRIVE SUITE 380 IRVINE, CA 92612 -8894 PHONE (949) 756 -7805 FAX (949) 724 -2592 Ms. Jessica Etezady August 16, 2005 DBE Liaison Officer City of Newport Beach 3300 Newport Blvd Newport beach, CA 92658 -8915 Subject: Disadvantaged Business Enterprise (DBE) Program Submittal Fiscal Year 2005106 Dear Ms. Etezady: 0 Flex yourpotivri Be energy efficient! In accordance with the 49 Code of Federal Regulations part 26, this letter serves as confirmation that CALTRANS Local Assistance received and reviewed your proposed overall annual DBE goal. The City's overall annual DBE goal and goal setting meets the DBE requirements. The next step towards approval is to begin the Public Participation process. As a reminder, you are required to advertise your overall annual DBE goal for a minimum of one day in a general -media circulation paper and one day in a minority or focused media circulation paper. Your program must be available for review for 30 days and an additional 15 days is required for public comments. Airy public conlnleiits received ill our office will be fonvorded to the DBE Liaison Officer. The final DBE program must be adopted by City - Council priorto Ca'ltrans approval. If you require any further assistance, please contact Homa Nouri at: Phone: 949 - 724 -2410 Fax: 949 - 724 -2592 Email: homa_nouri @dot.ca.gov Sincerely Alan William, Chief Local Assistance Branch District 12 'Caltrans improves mobility across Califomia' RECm _ -- 'ED Public Works " , ^r..- -nt City of Newpc_ w -Cn Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Omnge County. California. Number A-6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: AUGUST 8,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on AUGUST 8,2005 at Costa Mesa, California. Signature POBUCNOTNE CITY Of NERM BEACH NOTICE IS HEREBY GIVEN that the City of Newport Beach -has established an Overall Annual Disadvantaged Business Enterprise Goal applicable to contracting opportunities scheduled to be awarded through September 30, 2006. The City of Newport Beach's proposed Overall Annual Goal and its rationale were developed in re- sponse to the U.S. Department of Trans- RECEIVED AUG 1 2 7005 Public Works Department City of Newport Beach portation's New Disad- vantaged Business En- terprise 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 Department. Building C 3300 Newport Boulevard Newport Beach, CA 92663 www.city- newport. beach.ca.us . Comments will be accepted on the Goal for forty -five (45) days) from the date of this Notice. Comments may; be forwarded to the City! of Newport Beach at the: above stated address orl to the State of California I Department of Trans -' portation, District 12, 3337 Michelson Drive, Suite 380, Irvine. CA: 92612 -8894, .Attention: District Local Assistance Engineer. Dated at Newport' Beach, California,' this 8th day of August. 2005. Published Newport Beach /Costa Mesa Daily Pilot August 8 2005 M99f Aug. 24. 2UU9 1: WM No, 3316 P. 1 I u��l i)II ^Llil41�•• � t.� �i'r; i Ir x,43 . : Fi•3tf.A�i.•i'i1:;i�tl��fi :•!�i r• ., 1p il..,� ,: r • .0 y:,7 c +,' I,e •. I h ,& Stir, l,Nh; :� , PROOF OF PUBLICATION (201 5.5C. C. P.) �M� Th. L..dlna BpeniPh L.ngu.o. D.IIY N.w.p.p.r 700 S. Flower St. - Los Angeles, CA 90017 Tsl:(213) 898 -2280 • Fax:(213) 898.2238 V/WW.leddnlen.dam STAVE OF CALIFORNIA I am a Citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above - entitle matter. I am the principal clerk of the printer of La Opini6n a newspaper of general circulation, printed and published daily in the city of Los Angeles, County of Los Angeles, and which newpape; has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of .July 26, 1969, Case Number: 950176; that the notice, of which the annexed is a printed copy, has been published in each regular and not in any supplement thereof on the following dates, to -wit: all in the year 20 bit I certify (or declare) under penalty of perjury that the foregoing Is true and correct. D e at Los Ange s, California, this _ day of l 1 ES1. , 20 �— ADV #017 Controlled Rev. 05104 This space is for the County Clerk's filing Stamp Proof of publication; `e CUIOAC Mr NCWPO.RT BEACH > :: sl6ar, PCR LA PRFBaNTE,"q is Guided "do. 'Nevipo:t Basch esleolamdo um F(wW,Anuei Total gone Lot Empracsa Oabfui lolodae (Overall Annuai Disadvantaged Suarneaa Enterpdea Golf) aoNoeblE 'e )a. oponunidedas 6e commits pmysatadis wear o>tendidele durama at pedodo del 110 de Ociu'o.e de 2005, el triema de Sepdembra de 3008, La Mete Anual total pragpaad. por te.Culdad de Newport bsech y su w n fundamental tvaran dasanoliades 'en.rapuesic a la" Pasoucldn Flnel dal Nueva Pro, "pima de Emprssas Desvo WjaZAS do) Dapana- memo do Tranaperaol6n do Its Eetados Vnidoe (49 'CFA, Pena 211), "yy astan dieponibles Pere su in ; cldn por log sigulentae Imima (30) dies s psr8r da la • " publicaoldn do "is anunclo, de 8 a.m. a 5 pm., Hone del PaolOco,"da funs e-Ne(nis ea Malta oilcma pdnolpal ubtcadaen: ... :.':CuW&d dGMewpart lssisdW' is ` i�.A tq, At Works gtepartmsnt, 7300 NowFurt 150YtaYSdd ::. :: NowP� Beach) CA 02863:::::.: .' :.'r,ti, Y!W W.otty:riowp0rl•beach.6o,Si1. � :,; ::.: .. so §cepiran coinardayioa-aobre Lee mans pD�ice 6lguiemas.6ua18nW tine 4461 "Oleo a part, de is publtoaddn qua apereoa agol ariba o al Dapaie•. mamo do Treneporadl8n del Eatedd do Of,Dmia " ((State of Cafilonmla Depedment of TmnspGftticnb "Dletrtd 12 -„337 Mlaheleon OMe; Sulle 980; bone, CA 02612 -8894, Ann; Dieted Local Aaeisen011 En= `glneaL . . Fecheda "ed �Newpdrt "9eAClir Cnl6otaie:este "die de" meve de Auguato de 2005..r .�. An Impramedle Company