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HomeMy WebLinkAbout11 - Disadvantaged Business Enterprise RequirementsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. i i April 12, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Jessica Etezady 949 - 644 -3335 jetezady @city.newport- beach.ca.us SUBJECT: ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR 2004 -2005 RECOMMENDATIONS: 1. Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2004, and ending September 30, 2005. 2. Authorize the Public Works Director to submit the approved DBE Program to Caltrans Staff. 3. Designate Jessica Etezady, Administrative Manager, as the City's DBE Liaison Officer. DISCUSSION: During the current fiscal year the City will receive approximately $1.25 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 February 18, 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. SUBJECT: ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS AND APPOINTMENT OF LIAISON OFFICER FOR FEDERAL FISCAL YEAR 2004 -2005 April 12, 2005 Page 2 The City's overall DBE goal established for Federally- funded projects is 21.6 percent for projects awarded between October 1, 2004, and September 30, 2005. This overall goal will be updated for each fiscal year when Federal funds are requested. In a typical contract this means 21.6 percent of the total contract amount will be subcontracted to certified DBE firms. The goal of 21.6 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. The DBE goal submitted for the current year is significantly higher than in years past. This is due to the nature of this year's Federally- funded project. In the past, the projects have typically been construction projects, and this year's project is a bridge retrofit design project, which has a higher percentage of available disadvantaged businesses. Council could choose to not approve the revised DBE program, however, under current regulations the City will lose its eligibility to receive Federal and State funds. Prepared bby_:_ Jgsi§ica Et&zady / Administrative Manager Submitted by: Stephen G. BaddmU Public Works Director Attachments: Overall DBE Goal and Methodology Document Public Notice — Daily Pilot Public Notice — La Opinion CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director February 15, 2005 Ms. Homa Nouri Local Assistance Department of Transportation, D- 12 3337 Michelson Drive Suite 380 Irvine, California 92612 -8894 Subject: City of Newport Beach FFY 2004 -05 DBE Goal Attention: Ms. Nouri, Local Assistance The City of Newport Beach (City) submits our annual overall goal information for your review and comment. The City proposes an annual overall DBE goal of 21.6% for the Federal Fiscal Year 2004/05 ending on September 30`h of this year. Methodology The City has chosen to use the Caltrans DBE directories and Census Bureau Data to determine its overall goal. Staff used the Census Bureau's County Business Pattern database to determine the number of businesses available by NAICS code. The Caltrans DBE directories were used to determine the number of all ready, willing, and able businesses in Orange County using NAISC codes. The relative availability of DBE's in our market was determined by dividing the number of available DBE's by the number of all businesses. Using this data, the City has established an overall DBE goal of 21.6 %. This year, the City's project is a bridge retrofit design project, which is the reason the goal is much higher than in years past. The spreadsheet used to establish the overall goal and a detailed description of the goal methodology used are attached for your review. Overall Annual Goal and Projection ofRace- Neutral and Race - Conscious Participation The Overall Annual (FFY 2004/05) DBE Goal for the City of Newport Beach's Federal assisted funds contract is 21.6 %. The goal is expressed as a percentage of all Federal - assisted funds that the City will expend in the FHWA- assisted contracts in the current fiscal year. 3300 Newport Boulevard Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 Fax: (949) 644 -3318 - www.city.newport- beach.ca.us This goal further serves to identify the relative availability of DBE's based on evidence of ready, willing, and able DBE's to all comparable firms, which are known to be available to compete for and perform on the City's DOT- assisted contracts. The goal reflects a determination of the level of DBE participation, which would be expected absent from the effects of discrimination. Public Participation and Facilitation In accordance with Public Participation Regulatory Requirements of 49 CFR Part 26 and the Caltrans Local Assistance Procedures Manual, this goal will be reviewed by minority, women, local business chambers, and community organizations within the City of Newport Beach's market area. The City of Newport Beach will also publish a Public Notice in general circulation media announcing the City's proposed goal. Such Notice will inform the public that the proposed goal and its rationale are available for inspection at the City's Public Works Department during normal business hours for 30 days following the date of the Notice and the City will accept comments on the goal for an additional 15 days. The required public participation provisions will be fully satisfied prior to submitting the City's goal to Caltrans for final review and approval. DBE Program Updates Due to personnel changes, please update your records to list Jessica Etezady as the City's DBE Officer. Sincerely, sica Ere y Administrative Manager 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 2004105 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 Catran's online DBE Directory of Certified Frims 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. Number of Ready, Willing, and Able DBE's A'umber of All Available Firms = BASE FIGURE Design Firms (NAISC - 541330): 57 DBE Firms 1052 Total Firms = 0.054 Environmental Engineering Firms (NAISC — 541618): 87 DBE Firms 148 Total Firms = 0.588 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: Design: 0.054 * 0.70 (70% of the project cost) = 0.038 or 3.8% Weighted Environmental Engineering: 588 * 0.30 (30% of the project cost) = 0.178 or 17.8% Weighted 3.8% +17.8% = 21.6% Total DBE Goal 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, so an adjustment based on prior rates would not be accurate. t d tt1 O 3 d Z k \\O U O O a 0 t d G m ti W O m no 0 v E a m co co M 0 � N 60 r co N A O co p O O O 6 a C W „ N m R ji CN ca O q r o co0 E co r- r- LO CO „ 00 0 0 N (O c9 co co w "[j Cli CC IT IT co ' m c N „ e3�e3 «n O co M — y M (o U 7 7 V d O IL` �v 0 r m c c w m c c O r Authorized to Publish Advertisements of all k,�us including public notices by Decree of the Superior Court of Orange 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: FEBRUARY 18,2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on FEBRUARY 18,2005 at Costa Mesa, California. Signature r RECEIVED FFR 9. a ). pc, Public Abrks !DCp ° City of Newport Be_... t File _-ANK NOM CROFKEW MBEACH 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, 2005. The City of Newport Beach's proposed Overall Annual Goal and its rationale 1 were 'developed in re- sponse to the U.S. Department of Trans- 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 business located at: City of Newport Beach Public works Depart -. ment, Building C 3300 Newport Boulevard Newport Beach, CA 92663 www.tity.newport- beach.ca.us Comments will 'be ac- cepted 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 or to the State of California 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 18th day of February. 2005. Published Newport Beach /Costa Mesa Daily Pilot February 18, 2005 F824 PROOF OF PUBLICATION (2015.5C.C.P.) La Opinion The Lending Spanish Language Daily Newepeper 700 S. Flower St. • Los Angeles, CA 90017 Tel:(213) 896 -2260 • Fax:(213) 896 -2238 vnvw.laopmion.com STATE 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 newpaper 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 28, 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 20fl—> I certify (or declare) under penalty of perjury that the foregoing is true and correct. D %at Los Angeles lifornia, this . day of .,200S ADV #017 Controlled Rev. 05/04 RECEIVED FILE Cap y MAR 0 5 2005 Public Works Department City of Newport Beach This space is for the County Clerk's filing Stamp Proof of publication: CUIDAD DE NEWPORT BEACH SIRVASE POR LA PRESENTED qua Is Cuidad de Newport Beach he establecido una Meta Anual Total pare Las Emprosas on Desventaia (Overall Annual Disadvantaged Business Enterprise Goal) aplicable a las oportunidades de contrdtos proyec- faces a set extendidas durante of periodb del f to de octubre de 2004, at triente de Septiembre de 2005. La Meta AnUal total propuesta por la Cuidad de Newport Beach y su razon fundamental tuaron des - arrolladas an repuesta a la Resolution Final del Nuevo. Programa de Empresas Desventaiazas del Departamento de Transpodaci6n do ros Estados Unkbs (49 CFR, Parte 26), y estan disponibles para su Inspecci6n por. los slguientes trointa (30) dies a panir de la publiweion de este anuncio, de 8 a.m, a 5 p.m., Hora del Peci ico, de lunes a viemes an nuestra oficina principal ubicada en: Cuidad de Newport Beach Public Works Department, Edlficio C 3300 Newport Boulevard Newport Beach, CA 92663 www.city.newport- beach.da.ua Se aceptaran comentarios sobre Las Metes por los siguientes cuarenta;y cinco (45) dial a parir de la publicaci6n qua aparece aqvf aniba o at Departa. mento de Transportackin del Estado de California (State of California Department of Transportation), District 12, 337 Michelson Drive, Suite 380, Irving, CA 92612 -8894, Attn: District Local Assistance En- gineer. Beach. California este deci- de2005. An Impremedia Company