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HomeMy WebLinkAbout22 - DBE Program SubmittalCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Jamie Pollard 949 - 644 -3311 jpollard @city.newport- beach.ca.us SUBJECT: DBE SUBMITTAL RECOMMENDATION: 1. Approve the DBE Program for the City of Newport Beach for Federal Fiscal Year beginning October 1, 2006, and ending September 30, 2007. 2. Authorize the Public Works Director to submit the approved DBE Program to Caltrans staff. 3. Designate Bill Patapoff, City Engineer, as the City's DBE Liaison Officer. DISCUSSION: For the upcoming fiscal year, the City expects to receive approximately $1.25 million in Federal funding for capital improvement projects. In order to qualify for these funds, the City must update its Disadvantaged Business Enterprise (DBE) program. The City has historically complied with all DBE goals and requirements as specified by the U.S. Department of Transportation. The program has been in place since 1984 when it was then entitled the Minority Business Enterprise Program. DBEs are firms owned by qualified disadvantaged groups such as minorities and women. In California, Federal funds and regulations are administered through the California Department of Transportation ( Caltrans). On May 1, 2006, Caltrans adopted a new, race neutral policy. In place of project specific goals for DBEs, local agencies are required to determine an Annual Anticipated DBE Participation Level. The participation levels of all participating agencies are then forwarded to Caltrans to be used to set a statewide overall DBE goal to meet Federal requirements. As a component of the program, each local agency will be required to track and maintain a bidders list consisting of information about all DBE and non -DBE firms that bid or quote on contracts fully or partially funded with Federal funds. Caltrans will use this information to monitor DBE participation on all Federal -aid contracts. This policy will only apply to projects financed from Federal sources. DBE Submittal June 13, 2006 Page 2 The City's DBE participation level is estimated to be 8.8 percent for federally funded projects awarded between October 1, 2006, and September 30, 2007. The DBE participation level submitted for the current year is slightly higher than DBE goals submitted in recent years since business pattern data from the U.S. Census Bureau has been separated in greater detail by specialty or work groups. This participation level will be updated annually whenever Federal funds are anticipated. The attached Local Agency DBE Annual Submittal Form includes updated DBE participation level and methodology information and designation of the Public Works City Engineer as the City's DBE Liaison Officer. I Submitted ,C1,(Lvi S'teph/e I %t3aoum Manager \, Pudic , brks Director Attachments; Annual Anticipated DBE Participation Level and Methodology Document City of Newport Beach DBE Annual Submittal Form City of Newport Beach Local Agency DBE Annual Submittal Form TO: CALTRANS DISTRICT 12 District Local Assistance Engineer The amount of the Annual Anticipated DBE Participation Level ( AADPL) and methodology are presented herein in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan. The City of Newport Beach has established an AADPL of 8.8% for Federal Fiscal Year 2006/07, beginning on October 1, 2006 and ending on September 30, 2007. Methodology The methodology and calculation worksheet for FFY 2006/07 are included herewith as Attachment A. Disadvantaged Business Enterprise Liaison Officer (DBELO) Bill Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard, Newport Beach, CA 92663 (949) 644 -3321 (949) 644 -3318 fax bpatapoff(o)citv.newport- beach.ca.us Prompt Pav Federal regulation (49 CFR 26.29) requires one of three methods be used in federal -aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. (Attachment B is designation of the prompt payment provision option to be used by the City of Newport Beach.) Submitted by: June 1, 2006 (Signature of Local Agency Recipient's Date Chief Executive Officer) Homer Bludau, City Manager (949) 644 -3000 (Print Name of Local Agency Recipient's Phone Number Chief Executive Officer) Reviewed by Caltrans: (Signature of Caltrans District Local Assistance Engineer [DLAE]) Date Distribution: (I) Original —DLAE DBE Annual Submittal Fom (05 /01/06) (2) Copy -local agency after signing by DLAE Attachment A City of Newport Beach Annual Anticipated DBE Participation Level IFFY 2006 -07 Methodology Detail METHODOLOGY The City of Newport Beach declares its Annual Anticipated DBE Participation Level to be 8.8 percent for Federal Fiscal Year 2006 -07. The Annual Anticipated DBE Participation Level for the City of Newport Beach is determined through a two -step system as follows: Step 1: 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 of Newport Beach's Federal Fiscal Year 2006 -07 federally assisted contracting opportunities projected to be let, the City of Newport Beach followed one of the five prescribed Federal goal- setting methodologies in Caltrans Local Assistance Procedures Manual. This was accomplished by accessing the Caltrans' online DBE Directory of Certified Fit-ins and the 2003 U.S. Census Bureau County Business Patterns (CBP) Database. Comparisons were made by corresponding industry codes for the City of Newport Beach's market area (defined as Orange County) and by the anticipated work to be performed in FFY 2006107. To determine the relative availability of DBE's for each work category, the City of Newport Beach divided the numerator representing the ratio of ready, willing, and able DBE firms to bid, by the denominator representing all firms (DBE's and Non -DBEs) available to bid for each of the work categories. Application of this formula yielded the following baseline information. Numerator = Caltrans' DBE Directory of Certified Finns Denominator = Census Bureau's Business Pattern Database (CBP) Number of Ready, Willing, and Able DBEs Number of All Available Firms = BASE FIGURE (Including DBEs and Non -DBEs) The City of Newport Beach 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 calculation worksheet. 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. The Base Figure was further adjusted by weighting the relative availability of DBEs groups within the major work categories, giving more weight to the work categorieshridustries, in which the City expects to allocate its federally- assisted dollars. Calculations determining the base figure are included in the attached worksheet. Step 2: Ad%ustine the Base Figure Upon establishing the Base Figure, The City of Newport Beach assessed other evidence potentially impacting the relative availability of DBE's within the City of Newport Beach'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. d d J G O M R V •Q = ra z ;co Q Z 0 C R O V V U- G Q 3 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L 0 0 C 0 a0 N N DD (�1 O (O Oa V m (O Oa 00 'V N � N N oac t; o06 ooac (6 Joao t: 0 0 0 0 J 0 0 0 J 0 0 0 J 0 0 0 J 0 0 0 ui r� d vi v) d U� C? d ui r� d U� r? 7 o fD v� o �v� o �v� o �v� o �v v uo co v v uv O v v u) 0 v u� fD uo co N N N N N N r N N N N O a O to L L L N Lo L N lf) O1 O1 O1 O1 CD 3 3 3 (7 (7 (7 (7 (7 Co C0 (7 (7 N r N N N N L ( 0 0 0 o' 0 0 0 0 0 0 0( 0 0 0 0 N N 00 n (O V 00 V N 00 (7 O W m V (NO n fD N 0 N m O O 5300 O 000 O 000 0 u) O) - O V' 00 O O N O O O O O N O u) CO LO u) N It It 0 O O O O 0 CO O N 00 t- 6 ci ouici It to v gr: o ' O Cl) r 0 n V (7 N N (O O0 co 0) LO M� Cl) t-- N W •• (n (n (n to en en e» tH •• en en en tH (n en 69 (n (n fn . C C C C C L: m L: m O U m O U io O U 76 O U is O U .0 is C � C C C C O N O O N O N O N m U- O m LL O m LL 0 m LL 0 m lL 0 N FU y U . O i y U y U C O U p O (n O O j O fn p U 'O U M �F U m F m� m U 3 ?~ 3 3 3 �F'� �~ O d L L m d L m ` L = 2 p �0 1: EL O O EL (6 0 T -a�0 o o rn� o o 0) O 0 0) O 0 O c 00 t-- 00 N t� 00 N n 00 N t� co N t� 00 N N N N N N N N N N N N O O O to ( 2 S n ( N V V r ce ce ce ce C O C - O i0 O = Ta a = L 16 L N L a d • 0 L j K ea y d N d CD d 7 Q to N CD m l0 0 .0.. y O .0 N E - L y` N No. E E -) m 'm a rn rn City of Newport Beach DBE Annual Submittal Form (Attachment B) Prompt Payment of Withheld Funds to Subcontractors Federal regulation (49 CFR 26.29).requires one of the following three methods be used in federal -aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Please check the box of the method chosen by the local agency to ensure prompt and f dl payment of any retainage. ❑ No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and /or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors ❑ No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the eaming subcontractor in 30 -days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non - DBE subcontractors. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency.Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and /or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors. Distribution: (I)Original —DLAE DBE Annual Submittal Foma(05 /01/06) (2) Copy -local agency after signing by DLAE