CC Resolution No. 06-033
RESOLUTION NO. 06-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A DISADV ANT AGED BUSINESS ENTERPRISES PROGRAM FOR
FEDERALLY FUNDED PROJECTS AND EST ABLlSHING A DISADV ANT AGED
BUSINESS ENTERPRISE P ARTICIP A TION GOAL OF 18.8% FOR THE
FEDERAL FISCAL YEAR 2005-06
WHEREAS, on November I, 2005, the City of Cupertino adopted Resolution No. 05-
182, Approving a Notice of Intent to Adopt a Disadvantaged Business Enterprises Program for
Federally funded projects; and
WHEREAS, the DBE Program is described in Exhibit "A" and made a part hereof by
reference; and
WHEREAS, all notices required for public notification and comment were published in
accordance with requirements of the law; and
WHEREAS, no public comments were received,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino
hereby adopts the Disadvantaged Business Enterprises Program and establishes a DBE
participation goal of 18.8% for the Federal fiscal year 2005-06.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of February 2006, by the following vote:
Vote
Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Wang, Kwok, Mahoney, Sandoval
None
None
None
ATTEST:
APPROVED:
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Mayor, City of Cupertino .
Exhibit A
City Hall
t0300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX (408) 777-3333
CUPERJINO
ANNUAL OVERALL GOAL INFORMATION
TO: CALTRANS DISTRICT 4
Art Duffy, Local Assistance Engineer, DBE Program
P.O. Box 23660
Oakland, CA 94623-0660
The amount of overall goal, methodology, breakout of estimated race-neutral and race-conscious
participation, and any DBE program updates are presented herein in accordance with Title 49 of
the Code of Federal Regulations, Part 26, and as described in the Local Assistance Procedures
Manual.
The City of Cupertino submits our annual overall goal information (and any needed updates of
our DBE program) for your review and comment. We propose an annual overall DBE goal of
18.8% for the Federal Fiscal Year 2005/2006 beginning on October 1.2005. and endinl! on
September 30. 2006.
Methodology
The City will have three Federal-aid projects programmed for fiscal year 2005-2006. The
projects are the Wolfe, Stelling, McClellan, Stevens Canyon Roads, and Tantau Avenue
Pavement Rehabilitation Project, the Stevens Creek Boulevard at SR 85 NB On-Ramp In-
Pavement Crosswalk Lights and Electric Ped In Crosswalk Sign, and the Collins Elementary
Installation of Advance School Flashing Beacons and In-Roadway Warning Lighting System
Project. A major component of the funding for the first project is the Federal Surface
Transportation Program (STP) for Local Streets and Road Rehabilitation. A major part of
funding for the second project is in the form of Federal Hazard Elimination Safety (HES) funds.
The State Office of Traffic Safety is providing funds with a federal component for equipment for
the third project.
Staff evaluated the projects, involving rehabilitation and maintenance of federal-aid urban (F AU)
arterial roads in the City, and elimination of traffic hazards on an arterial/freeway connection and
in a City school zone, in order to determine the types of work involved and the availability of
Disadvantaged Business Enterprise (DBE) contractors performing those types of work in the
Cupertino market area, taken as the nine San Francisco Bay Area counties (Alameda, Contra
Costa, Marin, Sonoma, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma).
To determine the availability ofDBE contractors, the staff referred to the to the U.S. Census
Bureau's North American Industry Classification System (NAICS) database to acquire the
NAICS codes for the types of work involved in the assumed project. With those codes, staff
entered the Census Bureau's business database to find the total number of contractors in the
Cupertino market area performing the types of work involved. Using the same codes, staff
entered Caltrans' Certified DBE database to find the total number ofDBE contractors
performing the types of work involved in the same market area.
The number ofDBE contractors available to perform each type of work was divided by the total
number of contractors available to perform same type of work to yield the percentage of each
type of work that would be an appropriate DBE goal. The DBE percentage of each type of work
was then multiplied by the estimated amount of the total funding of the assumed project that type
of work would receive. The sum of those products was divided by the total assumed project
funding to arrive at a composite DBE percentage of the total project, taken as the base DBE goal
figure.
An adjustment to the base figure based on historical DBE participation in recent Cupertino
Federal-aid projects was deleted per Caltrans' comment, so that the base figure is the final
overall goal.
Breakout of Estimated Race-Neutral and Race-Conscious Participation
The City of Cupertino's overall goal is 18.8%. The overall goal is segregated into 18.8%
race-conscious and 0% race-neutral components.
The methodology and proposed goal have been reviewed by Caltrans, and this goal information
reflects Caltrans' comments.
DBE Program Updates
1. Adoption of method to be used in federal-aid contracts to ensure prompt and full payment
of any retainage kept by the prime contractor or subcontractor to any subcontractor, per
49 CFR 26.29 and Chapter 9 of California DOT LAPM.
On November 1,2005, the Cupertino City Council adopted method number 3:
Hold retainage from prime contractors and provide for prompt and regular incremental
acceptance of portions of the prime contract, pay retainage to prime contractors based
on these acceptances, and require a contract clause obligating the prime contractor to
pay all retainage owed to the subcontractor for satisfactory completion of the accepted
work within 30 days after your payment to the prime contractor.
2. Appointment ofDBE Liaison Officer.
On November 1,2005, City Council authorized the City Manager to appoint the City's
DBE Liaison Officer.
OIS
Glenn Goepfert.
Assistant Director of Public Works
9/9/05
Date
RESULTANT GOAL
Ste 1:
Base Fi ure
Ste 2:
Historical DBE Partici ation
18.8%
5.7%*
*No modification of the Base Fi ure with the Historical DBE Partici ation is made.
Resultant Goal
18.8%