HomeMy WebLinkAboutRes-2020-178fi*,u
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
No.2o2o- lW
A RESOLUTION AUTHORIZING SIGNATURE ON THE DBE PLAN FOR BOWERS
F'IELD
WHEREAS, a Disadvantaged Business Enterprise (DBE) plan is mandated by the FAA; and
WHEREAS, Airport Director Benjamin West has produced the plan which is ready for
submittal; and
WHEREAS, Director West needs signature authority to sign the plan prior to submitting it.
Now, Therefore, Be it Resolved:
Kittitas County hereby authorizes Director Benjamin West to have signature authority to sign
the202L-2023 DBE Plan for Bowers Field.
Be it further Resolved:
That the Airport Director shall have ongoing signature authority for signing DBE Plans for
Bowers Field in the future without requiring specific board action.
DATED this 3'd day of November 2020, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright,sioner District I
Attest:
of the Board- Julie Kjorsvik
Commissioner District 2
Clerk of the Board- Mandy Buchholz
Brett th, Commissioner District 3rnn
c/)
49 CFR Part 26 Revised: February 12, 2019
49 CFR Part 26 Revised: February 12, 2019
POLICY STATEMENT
Section 26.1, 26.23 Objectives/Policy Statement
Kittitas County, owner of Bowers Field has established a Disadvantaged Business Enterprise
(DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT),
49 CFR Part 26. Kittitas County has received Federal financial assistance from the Department
of Transportation, and as a condition of receiving this assistance, Kittitas County has signed an
assurance that it will comply with 49 CFR Part 26.
It is the policy of Kittitas County to ensure that DBEs as defined in Part 26, have an equal
opportunity to receive and participate in DOT-assisted contracts. lt is also our policy:
1. To ensure nondiscrimination in the award and administration of DOT- assisted
contracts'
2. To create a level playing field on which DBEs can compete fairly for DOT-assisted
contracts'
3. To ensure that the DBE Program is narrowly tailored in accordance with applicable
law;
4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are
permitted to participate as DBEs;
5. To help remove barriers to the participation of DBEs in DOT assisted contracts;
6. To promote the use of DBEs in all types of federally-assisted contracts and
procurement activities;
7 . To assist the development of firms that can compete successfully in the market place
outside the DBE Program; and
8. To provide appropriate flexibility to recipients of Federal financial assistance in
establishing and providing opportunities for DBEs.
Benjamin West has been delegated as the DBE Liaison Officer. ln that capacity, Benjamin
West is responsible for implementing all aspects of the DBE program. lmplementation of the
DBE program is accorded the same priority as compliance with all other legal obligations
incurred by Kittitas County in its financial assistance agreements with the Department of
Transportation.
Kittitas County has disseminated this policy statement to Kittitas County and all of 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. The distribution
was accomplished by posting a link on Kittitas County's website.
Benjamin West, Director of Airport Operations
Kittitas County
Date
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49 CFR Part 26 Revised: February 12, 2019
SI.JBPART A - GEN REQUIREMENTS
Section 26.1 Objectives
The objectives are found in the policy statement on the first page of this program.
Section 26.3 Applicability
Kittitas County is the recipient of Federal airport funds authorized by 49 U.S.C. 47101, et seq
Section 26.5 Definitions
Kittitas County will use terms in this program that have the meaning defined in Section 26.5.
Section 26.7 Non-discrimination Requirements
Kittitas County will never exclude any person from participation in, deny any person the benefits
of, or othenryise 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.
ln administering its DBE program, Kittitas County 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 respect to
individuals of a particular race, color, sex, or national origin.
Section 26.11 Record Keeping Requirements
Reportinq to DOT: 26.11
We will report DBE participation to DOT/FAA as follows:
We will transmit to FAA annually on December 1, the "Uniform Report of DBE Awards or
Commitments and Payments" form, found in DOT 26.11. We will also report the DBE
contractor firm information either on the FAA DBE Contractor's Form or other similar format.
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49 CFR Part 26 Revised: February 12, 2019
Bidders List: 26.1 1(c)
Kittitas County will create and maintain a bidders list. The purpose of the list is to provide as
accurate data as possible about the universe of DBE and non-DBE contractors and
subcontractors who seek to work on our DOT-assisted contracts for use in helping to set our
overall goals. The bidders list will include the name, address, DBE and non-DBE status, age
of firm, and annual gross receipts of firms.
We will collect this information in the following ways: lnclusion of a Bidder's List in the project
bidding document. A copy of the proposed list is included in Attachment 3.
Section 26.13 Federal Financial Assistance Agreement
Kittitas County has signed the following assurances, applicable to all DOT-assisted contracts
and their administration:
Assurance: 26.13(a) - Each financial assistance agreement Kittitas County signs with a DOT
operating administration (or a primary recipient) will include the following assurance.
Kittitas County 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. Kittitas County shall take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in
the award and administration of DOT-assisted contracts. Kittitas County's DBE program,
as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in
this agreement. lmplementation 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 Kittitas
County of its failure to carry out its approved program, the Department may impose
sanctions as provided for under 49 CFR part26 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 etseq )
Contract Assurance'.26.13b - Kittitas County will ensure that the following clause is included in
each contract we sign with a contractor and each subcontract the prime contractor signs with a
subcontractor:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry 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 Kittitas
County deems appropriate, which may include, but is not limited to: (1) Withholding monthly
progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualif,Ting
the contractor from future bidding as non-responsible.
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49 CFR Part 26 Revised: February 12, 2019
SUBPART B - ADMINI IVE REQUIREMENTS
Section 26.21 DBE Program Updates
Kittitas County is required to have a DBE program meeting the requirements of this part as it
will receive grants for airport planning or development and will award prime contracts,
cumulative total value of which exceeds $250,000 in FAA funds in a federal fiscal year. We are
not eligible to receive DOT financial assistance unless DOT has approved our DBE program
and we are in compliance with it and this part. We will continue to carry out our program until
allfunds from DOT financialassistance have been expended. We do not have to submit regular
updates of our program, as long as we remain in compliance. However, we will submit
significant changes in the program for approval.
Section 26.23 Policy Statement
The Policy Statement is elaborated on the first page of this DBE Program
Section 26.25 DBE Liaison Officer (DBELO)
We have designated the following individual as our DBE Liaison Officer:
Benjamin West, Director of Airport Operations
411 North Ruby Street, Suite 1
Ellensburg, WA 98926
(s09) 312-2017
benjgm i n.west@co. kittitas.wa. us
ln that capacity, the DBELO is responsible for implementing all aspects of the DBE program
and ensuring that Kittitas County complies with all provision of 49 CFR Part26. The DBELO
has direct, independent access to the Port Commission Government concerning DBE program
matters. An organization chart displaying the DBELO's position in the organization is found in
Attachment 2 to this program.
The DBELO is responsible for developing, implementing and monitoring the DBE program, in
coordination with other appropriate officials. The DBELO has a staff of the Port's Attorney and
the Airport's Engineer of record to assist in the administration of the program. The duties and
responsibilities include the following:
1. Gathers and reports statistical data and other information as required by DOT.
2. Reviews third party contracts and purchase requisitions for compliance with this
program.
3. Works with all departments to set overall annual goals.
4. Ensures that bid notices and requests for proposals are available to DBEs in a timely
manner.
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49 CFR Part 26 Revised: February 12, 2019
5. ldentifies contracts and procurements so that DBE goals are included in solicitations
(both race-neutral methods and contract specific goals) and monitors results.
6. Analyzes Kittitas County's progress toward attainment and identifies ways to
improve progress.
7. Participates in pre-bid meetings.
8. Advises the CEO\governing body on DBE matters and achievement.
9. Chairs the DBE Advisory Committee.
10. Determine contractor compliance with good faith efforts.
11. Provides DBEs with information and assistance in preparing bids, obtaining bonding
and insurance.
12. Plans and participates in DBE training seminars.
13.Acts as liaison to the Uniform Certification Process.
14. Provides outreach to DBEs and community organizations to advise them of
opportunities.
15. Maintains the agency's updated directory on certified DBEs.
Section 26.27 DBE Financial lnstitutions
It is the policy of Kittitas County 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.
An effort to identify DBE financial institutions is included in the goal calculation included in
Attachment 5 found in the Washington State Minority & Women's Business Enterprises
directory. Similar efforts will be made whenever a new goal is set.
Section 26.29 Prompt Payment Mechanisms
Kittitas County requires that all subcontractors performing work on DOT-assisted contracts
shall be promptly paid for work performed pursuant to their agreements, in accordance with all
relevant federal, state, and local law
ln accordance with 49 CFR parl 26.29, Kittitas County established a contract clause
implementing this requirement and requires prime contractors to pay subcontractors for
satisfactory performance of their contracts no later than 30 days from the prime contractor's
receipt of each payment from Kittitas County.
Kittitas County ensures prompt and full payment of retainage from the prime contractor to the
subcontractor within 30 days after the subcontractor's work is satisfactorily completed.
Pursuant to part 49 CFR 26.29, Kittitas County will include the following clause in each DOT-
assisted prime contract:
a. From the total of the amount determined to be payable on a partial
payment, 10 percent of such total amount will be deducted and retained by
the Owner for protection of the Owner's interests. Unless otherwise
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49 CFR Part 26 Revised: February 12, 2019
instructed by the Owner, the amount retained by the Owner will be in effect
until the final payment is made except as follows:
(1) Contractor may request release of retainage on work that has been
partially accepted by the Owner in accordance with Section 50-14.
Contractor must provide a certified invoice to the RPR that supports the
value of retainage held by the Owner for partially accepted work.
(2) ln lieu of retainage, the Contractor may exercise at its option the
establishment of an escrow account per paragraph 90-08.
b. The Contractor is required to pay all subcontractors for satisfactory
performance of their contracts no later than 30 days after the Contractor has
received a partial payment. Contractor must provide the Owner evidence of
prompt and full payment of retainage held by the prime Contractor to the
subcontractor within 30 days after the subcontractor's work is satisfactorily
completed. A subcontractor's work is satisfactorily completed when all the
tasks called for in the subcontract have been accomplished and documented
as required by the Owner. \Mren the Owner has made an incremental
acceptance of a portion of a prime contract, the work of a subcontractor
covered by that acceptance is deemed to be satisfactorily completed.
c. When at least 95% of the work has been completed to the satisfaction of
the RPR, the RPR shall, at the Owner's discretion and with the consent of
the surety, prepare estimates of both the contract value and the cost of the
remaining work to be done. The Owner may retain an amount not less than
twice the contract value or estimated cost, whichever is greater, of the work
remaining to be done. The remainder, less all previous payments and
deductions, will then be certified for payment to the Contractor.
Section 26.31 Directory
Kittitas County uses the State of Washington DBE directory, maintained by the State
The directory lists the firm's name, address, phone number, and the type of work the firm has
been certified to perform as a DBE. ln addition, the directory lists each type of work forwhich
a firm is eligible to be certified by using the most specific NAICS code available to describe
each type of work.
The State of Washington revises the Directory daily. We make the Directory available as
follows: by listing the website where interested persons may access the Directory. The
Directory may be found in Attachment 4.
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49 CFR Part 26 Revised: February 12, 2019
Section 26.33 Over-concentration
Kittitas County has not identified that over-concentration exists in the types of work that DBEs
perform.
Section 26.35 Business Development Programs
Kittitas County has not established a business development program
Section 26.37 Monitoring and Enforcement Mechanisms
Kittitas County implements and carries out appropriate mechanisms to ensure compliance with
49 CFR Parl26 program requirements by all program participants, including prompt payment,
and describes and set forth these mechanisms in Kittitas County DBE program.
Kittitas County actively monitors participation by maintaining a running tally of actual DBE
attainments (e.9., payments actually made to DBE firms), including a means of comparing
these attainments to commitments.
Monitoring Payments to DBEs and Non-DBEs
Kittitas County undertakes ongoing monitoring of prime payments to subcontractors over
the course of any covered contract. Such monitoring activities will be accomplished
through the following method(s):
Making prime contractor payments accessible to subcontractors upon
request.
Use of an automated system that requires real time entry of payments to,
and receipts by, prime contractors and subcontractors and regularly
monitoring that system.
Kittitas County requires prime contractors to maintain records and documents of
payments to subcontractors, including DBEs, for a minimum of three (3) years unless
othenruise provided by applicable record retention requirements for Kittitas County
financial assistance agreement, whichever is longer. These records will be made
available for inspection upon request by any authorized representative of Kittitas
County or DOT. This reporting requirement extends to all subcontractors, both DBE and
non-DBE.
Kittitas County proactively reviews contract payments to subcontractors
including DBEs quarterly to ensure compliance. Payment reviews will evaluate
whether the actual amount paid to DBE subcontractors is equivalent to the
amounts reported to Kittitas County by the prime contractor.
a
a
a
B
49 CFR Part 26 Revised: February 12, 2019
Promot Pavme nt Disoute Resolution
Kittitas County will take the following steps to resolve disputes as to whether
work has been satisfactorily completed for purposes of $26.29.
. The steps include meetings between prime and subcontractors, with project
representatives and/or project manager as appropriate. lt is recommended
that any meeting forthe purpose of dispute resolution include individuals
authorized to bind each interested party, including Kittitas County
representative(s) with authority to take enforcement action.
Kittitas County has established, as part of its DBE program, the following mechanism(s) to
ensure prompt payment and return of retainage:
a Alternative dispute resolution (ADR)
o Kittitas County requires the prime contractor to submit a detailed
alternative dispute resolution plan for your approval prior to the issuance
of any notice to proceed.
Promot Pavme nt Complaints
Complaints by subcontractors regarding the prompt payment requirements are handled
according to the following procedure:
Subcontractors may contact the DBELO for coordination with the prime in
regards to payment discrepancies.
Kittitas County will assist to resolve prompt payment disputes in the event
that the DBELO is unable to resolve the complaint.
Pursuant to Sec. 157 of the FAA Reauthorization Act of 2018, all complaints
related to prompt payment will be reported in a format acceptable to the FAA,
including the nature and origin of the complaint and its resolution
Enforcement Actions for N oncom oliance of Particioants
Kittitas County will provide appropriate means to enforce the requirements of $26.29. These
means include:
ln accordance with the contract, assessing liquidated damages against the
prime contractor for each day beyond the required time period the prime
contractor fails to pay the gubcontractor.
Kittitas County may terminate the contract for failure to comply with the
agreement.
Kittitas County will actively implement the enforcement actions detailed above
a
a
a
a
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49 CFR Part 26 Revised: February 12, 2019
Monltorinq Contracts and Work Sites
Kittitas County reviews contracting records and engages in active monitoring of work sites to
ensure that work committed to DBEs at contract award or subsequently (e.9., as the result of
modification to the contract) is actually performed by the DBEs to which the work was
committed. Work site monitoring is performed by the Airport Consultant under Kittitas County,
who will maintain written certification that contracting records have been reviewed and work
sites have been monitored for this purpose.
Section 26.39 Fostering small business participation
Kittitas County has created a Small Business element to structure contracting requirements to
facilitate competition by small business concerns, taking all reasonable steps to eliminate
obstacles to their participation, including unnecessary and unjustified bundling of contract
requirements that may preclude small business participation in procurements as prime
contractors or subcontractors.
Kittitas County's small business element is incorporated as Attachment 10 to this DBE
Program. We will actively implement the program elements to foster small business
participation; doing so is a requirement of good faith implementation of our DBE program.
SUBPART C _ GOALS. GOOD FAITH EFFORTS. AND COUNTING
Section 26.43 Set-asides or Quotas
Kittitas County does not use quotas in any way in the administration of this DBE program
Section 26.45 Overall Goals
Kittitas County will establish an overall DBE goal covering a three-year federal fiscal year period
if we anticipate awarding DOT/FAA funded prime contracts the cumulative total value of which
exceeds $250,000 during any one or more of the reporting fiscal years within the three-year
goal period. ln accordance with Section 26.45(f) Kittitas County will submit its Overall Three-
year DBE Goal to FAA by October 1st as required by the established schedule below.
Airport Type
ruon-eiimary
(GAs, Relievers
and State DOTs)
Region
New england,
Northwest
Mountain, &
Southern
Date Due
(Goal Period)
October 1,2020
(2021t2022120231
Next Goal Due
(Goal Periqd)
August 1, 2023
(202412025120261
The DBE goals will be established in accordance with the 2-step process as specified in 49
CFR Part 26.45. lf Kittitas County does not anticipate awarding DOT/FAA funded prime
contracts the cumulative total value of which exceeds $250,000 during any of the years within
the three-year reporting period, we will not develop an overallgoal; however, this DBE Program
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49 CFR Part 26 Revised: February 12, 2019
will remain in effect and Kittitas County will seek to fulfill the objectives outlined in 49 CFR Part
26.1.
(c) Step 1. The first step is to determine the relative availability of DBEs in the market
area, "base figure". We will use DBE Directories and Census Bureau Data as a method
to determine our base figure. The second step is to adjust the "base figure" percentage
from Step 1 so that it reflects as accurately as possible the DBE participation the recipient
would expect in the absence of discrimination based on past participation, a disparity
study and/or information about barriers to entry to past competitiveness of DBEs on
Contracts.
lf we use a bidders list, we will do the following: Determine the number of DBEs that have bid
or quoted (successful and unsuccessful) on your DOT-assisted prime contracts or subcontracts
in the past three years. Determine the number of all businesses that have bid or quoted
(successful and unsuccessful) on prime or subcontracts in the same time period. Divide the
number of DBE bidders and quoters by the number of all businesses to derive a base figure for
the relative availability of DBEs in your market. When using this approach, we will establish a
mechanism (documented in our goalsubmission) to directly capture data on DBE and non-DBE
prime and subcontractors that submitted bids or quotes on our DOT-assisted contracts.
Any methodology we choose will be based on demonstrable evidence of local market conditions
and be designed to ultimately attain a goal that is rationally related to the relative availability of
DBEs in our market. We understand that the exclusive use of a list of prequalified contractors
or plan holders, or a bidders list that does not comply with the requirements of paragraph (c)(2)
of this section (above), is not an acceptable alternative means of determining the availability of
DBEs.
(d) Step 2. Once we have calculated a base figure, we will examine all of the evidence
available in our jurisdiction to determine what adjustment, if any, is needed to the base
figure to arrive at our overall goal. lf the evidence does not suggest an adjustment is
necessary, then no adjustment shall be made.
26.45 (gXt) ln establishing the overall goal, Kittitas County will provide for consultation and
publication This includes consultation with minority, women's and general contractor groups,
community organizations, and other officials or organizations which could be expected to have
information concerning the availability of disadvantaged and non-disadvantaged businesses,
the effects of discrimination on opportunities for DBEs, and Kittitas County efforts to establish
a level playing field for the participation of DBEs. The consultation will include a scheduled,
direct, interactive exchange (e.9., a face-to-face meeting, video conference, teleconference)
with as many interested stakeholders as possible focused on obtaining information relevant to
Kittitas County's goal setting process, and it will occur before we are required to submit our goal
methodology to the operating administration for review.pursuant to paragraph (f) of this section.
We will document in our goal submission the consultation process that we engaged in.
Notwithstanding paragraph (f)(a) of this section, we will not implement our proposed goal until
we have complied with this requirement.
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49 CFR Part 26 Revised: February 12, 2019
ln addition, Kittitas County will publish a notice announcing our proposed overall goal before
submission to the operating administration on October 1st. The notice will be posted on our
official internet web site and may be posted in any other sources (e.9., minority-focused media,
trade association publications). lf the proposed goal changes following review by the operating
administration, the revised goal will be posted on our official internet web site. We will inform
the public that the proposed overall goal and its rationale are available for inspection during
normal business hours at our principal office and that Kittitas County and DOT/FAA will accept
comments on the goals for 30 days from the date of the notice. Notice of the comment period
will include the addresses to which comments may be sent (including offices and websites)
where the proposal may be reviewed. The public comment period will not extend the
October 1't deadline.
Our Overall Three-Year DBE Goal submission to DOT/FAA will include a summary of
information and comments received, if any, during this public participation process and our
responses.
We will begin using our overall goal on October 1 of the reporting period, unless we have
received other instructions from DOT.
Section 26.45 (e) - Project Goals
lf permitted or required by the FAA Administrator we will express our overall goals as a
percentage of funds for a particular grant or project or group of grants and/or projects, including
entire projects. Like other overall goals, a project goal may be adjusted to reflect changed
circumstances, with the concurrence of the appropriate operating administration. A project goal
is an overall goal, and must meet all the substantive and procedural requirements of this section
pertaining to overall goals. A project goal covers the entire length of the project to which it
applies. The project goal should include a projection of the DBE participation anticipated to be
obtained during each fiscal year covered by the project goal. The funds for the project to which
the project goal pertains are separated from the base from which your regular overall goal,
applicable to contracts not part of the project covered by a project goal, is calculated.
lf we establish a goal on a project basis, we will begin using our goal by the time of the flrst
solicitation for a DOT-assisted contract for the project.
Section 26.45(f) - Prior Operating Administration Concurrent
Kittitas County understands that we are not required to obtain prior operating administration
concurrence with our overall goal. However, if the operating administration's review suggests
that our overall goal has not been correctly calculated or that our method for calculating goals
is inadequate, the operating administration may, after consulting with us, adjust our overall goal
or require that we do so. The adjusted overall goal is binding. ln evaluating the adequacy or
soundness of the methodology used to derive the overall goal, the U.S. DOT operating
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49 CFR Part 26 Revised: February 12, 2019
administration will be guided by the goal setting principles and best practices identified by the
Department in guidance issued pursuant to $ 26.9.
A description of the methodology to calculate the overall goal and the goal calculations can be
found in Attachment 5 to this program.
Section 26.47 Failure to meet overall goals.
Kittitas County will maintain an approved DBE Program and overall DBE goal, if applicable as
well as administer our DBE Program in good faith to be considered to be in compliance with
this part.
lf Kittitas County awards and commitments shown on our Uniform Report of Awards or
Commitments and Payments at the end of any fiscal year are less than the overall goal
applicable to that fiscal year, we will do the following in order to be regarded by the Department
as implementing your DBE Program in good faith:
(1) Analyze in detail the reasons for the difference between the overall goal and our
awards and commitments in that fiscal year;
(2) Establish specific steps and milestones to correct the problems we have identified in
our analysis and to enable us to meet fully your goal for the new fiscal year;
(3) Kittitas County will prepare, within 90 days of the end of the fiscal year, the analysis
and corrective actions developed under paragraph (cX1) and (2) of this section. We will
retain copy of analysis and corrective actions in records for a minimum of three years,
and will make it available to FAA upon request.
Section 26.51(a-c) Breakout of Estimated Race-Neutral & Race-Gonscious
Participation
(a) Kittitas County will meet the maximum feasible portion of its overall goal by using race-
neutral means of facilitating race-neutral DBE participation. Race-neutral DBE participation
includes any time a DBE wins a prime contract through customary competitive procurement
procedures or is awarded a subcontract on a prime contract that does not carry a DBE contract
goal.
Race-neutral means include, but are not limited to the following:
(1) Arranging solicitations, times for the presentation of bids, quantities, specifications,
and delivery schedules in ways that facilitate participation by DBEs and other small
businesses and by making contracts more accessible to small businesses, by means
such as those provided under 526.39 of this part.
(2) Providing assistance in overcoming limitations such as inability to obtain bonding or
financing (e.9., by such means as simplifying the bonding process, reducing bonding
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49 CFR Part 26 Revised: February 12, 2019
requirements, eliminating the impact of surety costs from bids, and providing services to
help DBEs, and other small businesses, obtain bonding and financing);
(3) Providing technical assistance and other services;
(4) Carrying out information and communications programs on contracting procedures
and specific contract opportunities (e.9., ensuring the inclusion of DBEs, and other small
businesses, on recipient mailing lists for bidders; ensuring the dissemination to bidders
on prime contracts of lists of potential subcontractors; provision of information in
languages other than English, where appropriate);
(5) lmplementing a supportive services program to develop and improve immediate and
longterm business management, record keeping, and financial and accounting
capability for DBEs and other small businesses;
(6) Providing services to help DBEs, and other small businesses, improve iong-term
development, increase opportunities to participate in a variety of kinds of work, handle
increasingly signifi cant projects, and achieve eventual self-sufficiency;
(7) Establishing a program to assist new, start-up firms, particularly in fields in which
DBE participation has historically been low;
(8) Ensuring distribution of your DBE directory, through print and electronic means, to
the widest feasible universe of potential prime contractors; and
(9) Assisting DBEs, and other small businesses, to develop their capability to utilize
emerging technology and conduct business through electronic media.
The breakout of estimated race-neutral and race-conscious participation can be found in
Attachment 5 to this program.
Section 26.51(d-g) Gontract Goals
Kittitas County will arrange solicitations, times for the presentation of bids, quantities,
specifications, and delivery schedules in ways that facilitate participation by DBEs and other
small businesses and by making contracts more accessible to small businesses, by means
such as those provided under S 26.39.
lf our approved projection under paragraph (c) of this section estimates that we can meet our
entire overall goal for a given year through race-neutral means, we will implement our program
without setting contract goals during that year, unless it becomes necessary in order meet our
overall goal.
We will establish contract goals only on those DOT-assisted contracts that have subcontracting
possibilities. We need not establish a contract goal on every such contract, and the size of
contract goals will be adapted to the circumstances of each such contract (e.9., type and
location of work, availability of DBEs to perform the particular type of work).
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49 CFR Part 26 Revised: February 12, 2019
We will express our contract goals as a percentage of the total amount of a DOT-assisted
contract.
Section 26.53 Good Faith Efforts Procedures
Demonstration of qood faith efforts (26.53(a) & (c))
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 Part26.
Benjamin West is responsible for determining whether a bidder/offeror who has not met the
contract goal has documented sufficient good faith efforts to be regarded as Responsive.
We will ensure that all information is complete and accurate and adequately documents the
bidder/offeror's good faith efforts before we commit to the performance of the contract by the
bidder/offeror.
lnformation to be submitted (26.53(b))
/FAA-assisted contracts for whi
established. we will uire the followinq.
(3)
Award of the contract will be conditioned on meeting the requirements of this section;
All bidders or offerors will be required to submit the following information to the
recipient, at the time provided in paragraph (b)(3) of this section:
(i) The names and addresses of DBE firms that will participate in the contract;
(ii) A description of the work that each DBE will perform. To count toward meeting a
goal, each DBE firm must be certified in a NAICS code applicable to the kind of work
the firm would perform on the contract;
(iii) The dollar amount of the participation of each DBE firm participating;
(iv) Written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet a contract goal; and
(v) Written confirmation from each listed DBE firm that it is participating in the contract
in the kind and amount of work provided in the prime contractor's commitment.
(vi) lf the contract goal is not met, evidence of good faith efforts (see Appendix A of
this part). The documentation of good faith efforts must include copies of each DBE
and non-DBE subcontractor quote submitted to the bidder when a non-DBE
subcontractor was selected over a DBE for work on the contract; and
We will require that the bidder/offeror present the information required by paragraph
(bX2) of this section:
(1)
(2)
Under sealed bid procedures, as a matter of responsiveness, or with initial proposals,
under contract negotiation procedures;
15
49 CFR Part 26 Revised: February 12, 2019
Admin istrative reconsideration (26.53(d))
Within 5 business days of being informed by Kittitas County that it is not responsive because it
has not documented sufficient good falth efforts, a bidder/offeror may request administrative
reconsideration. Bidder/offerors should make this request in writing to the following
reconsideration official :
Greg Zempel, Prosecutor Attorney
Kittitas County
411 North Ruby Street, Suite 1
Ellensburg, WA 98926
prosecutor@co. kittitas.wa. us
(509) 962-7520
The reconsideration official will not have played any role in the original determination that the
bidder/offeror did not 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
our reconsideration official to discuss the issue of whether it met the goal or made adequate
good faith efforts to do. We 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 the Department of Transportation.
Good Faith Efforts orocedures in situations when there are contract ooals (26.53(fl(o))
We will include in each prime contract a provision stating
The contractor shall utilize the specific DBEs listed to perform the work and supply the
materials for which each is listed unless the contractor obtains your written consent as
provided in this paragraph 26.53(f); and
That, unless our consent is provided under this paragraph 26.53(f), the contractor shall
not be entitled to any payment for work or material unless it is performed or supplied by
the listed DBE.
We will require the contractor that is awarded the contract to make available upon request a
copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an
agreement with DBEs to supply labor or materials require that the subcontract and all lower tier
subcontractors be performed in accordance with this part's provisions.
I6
49 CFR Part 26 Revised: February 12, 2019
ln this situation, we will require the prime contractor to obtain our prior approval of the substitute
DBE and to provide copies of new or amended subcontracts, or documentation of good faith
efforts.
We will require that a prime contractor not terminate a DBE subcontractor listed in response to
paragraph (bX2) of this section (or an approved substitute DBE firm) without our prior written
consent. This includes, but not limited to, instances in which a prime contractor seeks to
perform work originally designated for a DBE subcontractor with its own forces or those of an
affiliate, a non-DBE firm, or with another DBE firm.
We will provide such written consent only if we agree, for reasons stated in our concurrence
document, that the prime contractor has good cause to terminate the DBE firm. For purposes
of this paragraph, good cause includes the following circumstances:
(1) The listed DBE subcontractor fails or refuses to execute a written contract;
(2) The listed DBE subcontractor fails or refuses to perform the work of its subcontract
in a way consistent with normal industry standards. Provided however, that good
cause does not exist if the failure or refusal of the DBE subcontractor to perform its
work on the subcontract results from the bad faith or discriminatory action of the prime
contractor;
(3) The listed DBE subcontractor fails or refuses to meet the prime contractor's
reasonable, non-discriminatory bond requirements.
(4) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit
unworthiness;
(5) The listed DBE subcontractor is ineligible to work on public works projects because
of suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and
1,200 or applicable state law;
(6) We have determined that the listed DBE subcontractor is not a responsible
contractor;
(7) The listed DBE subcontractor voluntarily withdraws from the project and provides to
us written notice of its withdrawal;
(8) The listed DBE is ineligible to receive DBE credit for the type of work required;
(9) A DBE owner dies or becomes disabled with the result that the listed DBE contractor
is unable to complete its work on the contract;
(10) Other documented good cause that we have determined compels the termination of
the DBE subcontractor. Provided, that good cause does not exist if the prime
contractor seeks to terminate a DBE it relied upon to obtain the contract so that the
prime contractor can self-perform the work for which the DBE contractor was
engaged or so that the prime contractor can substitute another DBE or non-DBE
contractor after contract award.
Before transmitting to us its request to terminate and/or substitute a DBE subcontractor, the
prime contractor must give notice in writing to the DBE subcontractor, with a copy to us, of its
intent to request to terminate and/or substitute, and the reason for the request.
I1
49 CFR Part 26 Revised: February 12, 2019
The prime contractor must give the DBE five days to respond to the prime contractor's notice
and advise us and the contractor,of the reasons, if any, why it objects to the proposed
termination of its subcontract and why we should not approve the prime contractor's action. lf
required in a particular case as a matter of public necessity (e.9., safetV), we may provide a
response period shorter than five days.
ln addition to post-award terminations, the provisions of this section apply to pre-award
deletions of or substitutions for DBE firms put fonrvard by offerors in negotiated procurements.
Kittitas County will require a contractor to make good faith efforts to replace a DBE that is
terminated or has othenryise failed to complete its work on a contract with another certified DBE.
These good faith efforts shall be directed at finding another DBE to perform at least the same
amount of work under the contract as the DBE that was terminated, to the extent needed to
meet the contract goal that we established for the procurement. The good faith efforts shall be
documented by the contractor. lf we request documentation from the contractor under this
provision, the contractor shall submit the documentation to us within 7 days, which may be
extended for an additional 7 days if necessary at the request of the contractor, and the recipient
shall provide a written determination to the contractor stating whether or not good faith efforts
have been demonstrated.
We will include in each prime contractthe contract clause required by $ 26.13(b) stating that
failure by the contractor to carry out the requirements of this part is a material breach of the
contract and may result in the termination of the contract or such other remedies set forth in
that section that we deem appropriate if the prime contractor fails to comply with the
requirements of this section.
lf the contractor fails or refuses to comply in the time specified, our contracting office will issue
an order stopping all or part of paymenUwork until satisfactory action has been taken. lf the
contractor still fails to comply, the contracting officer may issue a termination for default
proceeding.
Bid Soe cification:
The requirements of 49 CFR Part. 26, Regulations of the U.S. Department of
Transportation, apply to this contract. lt is the policy of Kittitas County to practice
nondiscrimination based on race, color, sex, or national origin in the award or
performance of this contract. All firms qualifying under this solicitation are encouraged
to submit bids/proposals. Award of this contract will be conditioned upon satisfying the
requirements of this bid specification. These requirements apply to all bidders/offerors,
including those who qualify as a DBE. A DBE contract goal of 7.8 percent has been
established for this contract. The bidder/offeror shall make good faith efforts, as defined
in Appendix A, 49 CFR Part 26 (attachment 1), to meet the contract goal for DBE
participation in the performance of this contract.
1B
49 CFR Part 26 Revised: February 12, 2019
The bidder/offeror will be required to submit the following information: (1) the names and
addresses of DBE flrms that will participate in the contract; (2) a description of the work
that each DBE firm will perform. To count toward meeting a goal, each DBE firm must
be certified in a NAICS code applicable to the kind of work the firm would perform on the
contract; (3) the dollar amount of the participation of each DBE firm participating; (4)
Witten documentation of the bidder/offeror's commitment to use a DBE subcontractor
whose participation it submits to meet the contract goal; and (5) Written confirmation
from each listed DBE firm that it is participating in the contract in the kind and amount of
work provided in the prime contractor's commitment; (6) if the contract goal is not met,
evidence of good faith efforts.
Section 26.55 Counting DBE Participation
We will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55.
We will not count the participation of a DBE subcontract toward a contractor's final compliance
with its DBE obligations on a contract until the amount being counted has actually been paid to
the DBE.
lf the firm is not currently certified as a DBE in accordance with the standards of subpart D of
this part at the time of the execution of the contract, we will not count the firm's participation
toward any DBE goals, except as provided for in 26.870.
SUBPART D - CERTIFICATION STANDARDS
Section 26.61 -26.73 Certification Process
Kittitas County will use the certification standards of Subpart D of Part 26 to determine the
eligibility of firms to participate as DBEs in DOT-assisted contracts. To be certified as a DBE,
a firm must meet all certiflcation eligibility standards. We will make our certification decisions
based on the facts as a whole.
For information about the certification process or to apply for certification, firms should contact:
Sarah Erdmann
Assistant Director of Certification and Compliance OMWBE
360.664.9771
erdmanns@omwbe.wa. qov
Our certification application forms and documentation requirements are found in Attachment 8
to this program.
I9
49 CFR Part 26 Revised: February 12, 2019
SUBPART E - CERTIFICATION PROCEDURES
Section 26.81 Unified Certification Programs
Kittitas County is the member of a Unified Certification Program (UCP) administered by
Washington State. The UCP will meet all of the requirements of this section. A copy of the
application is included in Attachment 9.
SUBPART F - COMPLIANCE AND ENFORCEMENT
Section 26.109 lnformation, Confidentiality, Cooperation and intimidation or retaliation
We will safeguard from disclosure to third parties information that may reasonably be regarded
as confidential business information, consistent with Federal, state, and local law.
Notwithstanding any provision of Federal or state law, we will not release any information that
may reasonably be construed as confidential business information to any third party without the
written consent of the firm that submitted the information. This includes applications for DBE
certification and supporting information. However, we will transmit this information to DOT in
any certification appeal proceeding under S 26.89 of this part or to any other state to which the
individual's firm has applied for certification under S 26.85 of this part.
All participants in the Department's DBE program (including, but not limited to, recipients, DBE
firms and applicants for DBE certification, complainants and appellants, and contractors using
DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and
recipient compliance reviews, certification reviews, investigations, and other requests for
information. Failure to do so shall be a ground for appropriate action against the party involved
(e.9., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial
of certification or removal of eligibility and/or suspension and debarment; with respect to a
complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor
which uses DBE firms to meet goals, findings of non-responsibility for future contracts and/or
suspension and debarment).
Kittitas County, contractor, or any other participant in the program will not intimidate, threaten,
coerce, or discriminate against any individual or firm for the purpose of interfering with any right
or privilege secured by this part or because the individual or firm has made a complaint, testified,
assisted, or participated in any manner in an investigation, proceeding, or hearing under this
part. lf we violate this prohibition, we are in noncompliance with this part.
20
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENTS
Attachment 1 Regulations: 49 CFR Part 26 or website link
Attachment 2 Organizational Chart
Attachment 3 Bidder's List Collection Form
Attachment 4 DBE Directory or link to DBE Directory
Attachment 5 Overall Goal Calculations
Attachment 6 Demonstration of Good Faith Efforts or Good Faith Effort Plan - Forms 1 & 2
Attachment 7 DBE Monitoring and Enforcement Mechanisms
Attachment 8 DBE Certification Application Form
Attachment 9 State's UCP Agreement
Attachment 10 Small Business Element Program
2I
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 1
Regulations: 49 CFR Parl26, or link to website
https://unr v.ecfr.qov/cqi-bin/text-idx?tpl=/ecfrbrowse/Title49/49cfr26 main 02.tpl
t)
49 CFR Part 26
County
Commission
Member
ATTACHMENT 2
Orsanizational Ghart
County
Commission
Member
Public Works
Director
Administrative
Assistant
Revised: February 12, 2019
County
Commission
Member
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 3
Bidder's List Collection Form
Firm Name
Firm
Address/
Phone #
DBE or Non-
DBE Status
(verify via
State's UCP
Directoryl
Age of Firm Annual Gross Receipts
E Less than 1 year
E 1-- 3 years
E 4-7 years
E 8-10 years
E More than 1.0 years
E Less than S5o0K
tr Ss00K - $l million
E $1"-2 million
E S2-5 million
E Greaterthan 55 million
E Less than L year
E 1,- 3 years
E 4-7 years
E 8-L0 years
E More than 10 years
E Less than $500K
tr 5500K - $l million
E 51-2 million
E S2-5 million
E Greaterthan 55 million
E Less than 1, year
E 1- 3 years
E 4-7 years
E 8-1.0 years
E More than L0 Vears
E Less than $500K
tr Ss00K - Sl million
E $1-2 million
I S2-5 million
E Greaterthan 55 million
E Less than L year
E 1- 3 years
E 4-7 years
E 8-10 years
D More than L0 years
E Less than S500K
tr S500K - $1 million
E $1-2 million
E S2-5 million
D Greaterthan 55 million
E Less than 1 year
E L- 3 years
E 4-7 years
E 8-10 years
E More than L0 years
E Less than 5500K
tr S500K - $1" million
E S1-2 million
E S2-5 million
n Greaterthan 55 million
E Less than L year
E L- 3 years
E 4-7 years
E 8-10 years
E More than 10 years
n Less than S500K
tr Ss00K - Sl million
E S1-2 million
E S2-5 million
D Greater than 55 million
24
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 4
Washington DBE Directory or web link to DBE directory
httos://omwbe.d iversitvcom pl ia nce.com/
z3
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 6
Demonstration of Good Faith Efforts - Forms 1 & 2
FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION
The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following
manner (please check the appropriate space):
The bidder/offeror is committed to a minimum of % DBE utilization on this contract.
The bidder/offeror (if unable to meet the DBE goal of _o/o) is committed to a minimumof % DBE utilization on this contract and should submit documentation demonstrating good
faith efforts.
Name of bidderiofferor's firm
State Registration No.
By
(Signature)Title
zo
49 CFR Part 26
FORM 2: LETTER OF INTENT
Revised: February 12, 2019
Name of bidder/offeror's firm
Address:
City:State
Name of DBE firm
Address
City State Zip: _
Telephone
Description of work to be performed by DBE firm
The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above
The estimated dollar value of this work is $
Affirmation
The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar
value as stated above and that the firm is DBE certified to perform the specific trades.
Date:
(Signature)
(Title)
lf the bidder/offeror does not receive award of the prime contract, any and all representations in
this Letter of lntent and Affirmation shall be null and void.
Submit this page for each DBE subcontractor.
zip:
By
21
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 7
DBE Monitorinq and Enforcement Mechanisms
Kittitas County has available several remedies to enforce the DBE requirements contained in its
contracts, including, but not limited to, the following:
1. Breach of contract action, pursuant to the terms of the contract;
2. Breach of contract action, pursuant to Secretary's Executive Order Number E 1009.02];
ln addition, the Federal government has available several enforcement mechanisms that it may apply
to firms participating in the DBE problem, including, but not limited to, the following:
1. Suspension or debarment proceedings pursuant to 49 CFR Parl26
2. Enforcement action pursuant to 49 CFR Part 31
3. Prosecution pursuantto 1B USC 1001.
2B
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 8
DBE Certification Application Form
(New form October 2, 2014)
https://www.transportation.qov/sites/dot.qov/files/docs/New%20DBE%20Certification%2OApplication%
2011-18-2014.odt
29
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 9
State's UCP Agreement
https://omwbe.wa. qov/
30
49 CFR Part 26 Revised: February 12, 2019
ATTACHMENT 1O
Small Business Element
1. Objective/Strategies
Kittitas County will:
(1) Establishing a race-neutral small business set-aside for prime contracts under a stated
amount ($1 million).
(2) ln multi-year design-build contracts or other large contracts requiring bidders on the prime
contract to specify elements of the contract or specific subcontracts that are of a size that small
businesses, including DBEs, can reasonably perform.
(3) On prime contracts not having DBE contract goals, requiring the prime contractor to provide
subcontracting opportunities of a size that small businesses, including DBEs, can reasonably
perform, rather than self-performing all the work involved.
(4) ldentifying alternative acquisition strategies and structuring procurements to facilitate the
ability of consortia or joint ventures consisting of small businesses, including DBEs, to compete
for and perform prime contracts.
(5) To meet the portion of your overall goal you project to meet through race-neutral measures,
ensuring that a reasonable number of prime contracts are of a size that small businesses,
including DBEs, can reasonably perform.
2. Definition of Small Business
For purposes on this program, "small business" or "small business concern" will be defined as set forth
in 49 CFr 26.5, which as of March 2012 is:
"... a small business concern as defined pursuant to section 3 of the Small Business Act and
Small Business Administration regulations implementing it (13 CFR Part 121) lhat also does not
exceed the cap on average annualgross receipts specified in 26.65(b)."
3. Verification
Kittitas County will diligently attempt to minimize fraud and abuse in the Small Business Element of its
DBE program by verifying program eligibility of firms.
4. Monitoring/Record Keeping
Kittitas County will maintain and monitor the records for the Small Business Element and be able to
provide those records if requested.
5. lmplementation Timeline
lmplementation will occur within 6 months of FAA's approval
31
49 CFR Part 26 Revised: February 12, 2O1S
6. Assurance
Kittitas County will provide the following assurances
1. assurance that the program is authorized under state law;
2. assurance that certified DBEs that meet the size criteria established underthe program are
presumptively eligible to participate in the program;
3. assurance that there are no geographic preferences or limitations imposed on any federally
assisted procurement included in the program;
4. assurance that there are no limits on the number of contracts awarded to firms participating
in the program but that every effort will be made to avoid creating barriers to the use of
new, emerging, or untried businesses; and
5. assurance that aggressive steps will be taken to encourage those minority and women
owned firms that are eligible for DBE certification to become certified.
6. assurance that the program is open to small businesses regardless of their location (i.e.,
that there is no local or other geographic preference).
32
49 CFR ParL 26 Revised: Feb. 12,2079
ATTACHMENT 5
Section 26.45: Overall DBE Three-Year Goal Methodoloqv
Name of Recipient: Kittitas County, owner of Bowers Field
Goal Period: FY2021,FY2022,FY2023 - October 1,2021through September 30,2023
DOT-assisted contract amount: FY-2021 $ 0FY-2022 $ 350,000
FY-2023 $ 2,450,000
Total $ 2.800.000
Overall Three-Year Goal: 1 .9Yo, to be accomplished through 0% RC and 1.9% RN
(Note: the goal may be reflected as (1) an average of the three years; (2) three year Median; or
(3) weighted percentage)
Total dollar amount to be expended on DBE's 1.9%X $2,800,000 = $53,200
Describe the Number and Type of Contracts that the airport anticipates awarding
Contracts Fiscal Year #1
1. No Award Anticipated
Contracts Fiscal Year #2
1. Wetland mitigation for EA projects - Design
Contracts Fiscal Year #3
1. Wetland mitigation for EA projects - Construction and Land Acquisition
Market Area: Kittitas, King, Pierce, Yakima, and Chelan counties were used forthe NA/CS codes
utilized in these projects.
Step 1. 26.45(c) Actual relative availability of DBE's
The base figure for the relative availability was calculated as follows:
The data source or demonstrable evidence used to derive the numerator was
the Wash i ngton State O MWB E data base: http ://omwbe.wa. sov/d i rectorv-of-
certified-firms/
The data source or demonstrable evidence used to derive the denominator was the U.S. Census
Bureau Economic Census, 2017 County Business Patterns for Washington State:
http ://wmry. census. qov/eco n/cbp/index. htm I
The firms reviewed included engineering, drafting, and surveying services and firms to reflect the
scope of work for the fiscal year periods 2021 to 2023.
49 CFR Part 26
FiscalYear 2021
For FY-2027, We do not anticipate an award for FY-2021
FiscalYear 2022
For FY-2022,We anticipate an award of the following for FY-2022
FiscalYear 2023
For FY-2023, We anticipate the award of the following at Bowers Field
Revised: Feb. 12,2019
Contract Name Trade Description NAICS Description NAICS Trade ($)Census DBE
Directory
DBE (W
DBE ($)
(= Trade
$xDBE
%)
No Project
Anticipated
Total Contract
Total FY- 2021
Contract Name Trade Description NAICS Description NAlCS Trade ($)Census DBE
Directory
DBE (W
DBE ($)
(= Trade
$x DBE
%)
Wetland
Mitigation for EA
Projects - Design
Engineering Services Engineering Services 541330 $ I 75,000 864 l5 1.7%82,97s
Environmental Services Environmental Services i41620 $175,000 197 3l 15.7%i24,47s
Total Contract $350,000 1061 t6 4.3%
Total FY- 2021 $3s0,000 l06l +6 +.3%130,450
Contract Name Trade Description NAICS Desciption /v4/cs Trade ($)Census DBE
Directory
DBE (%)
DBE ($)
(= Trade
$x DBE
%)
Wetland
Mitigation for EA
Projects -
Construction and
Land Acquisition
Engineering Services Sngineering Services 14 1 330 $l 50,000 864 15 r.7%$2,550
HWY, Street, and
Bridee Construction
HWY, Street, and
Bridse Construction
137310 $2,250,000 9l 2 >-.2Vo $49,500
lffices of Real Estate
{ppraisers
Offices of Real Estate
Aooraisers
t31320 $s0,000 350 0 0%$0
Total Controct $2,450,000 1305 t7 13%$
Total FY- 2023 $2,450,000 1305 l7 l.3o/o $52,050
49 CFR Part 26 Revised: Feb. 12,2019
Base Figure = 1(Total FY-2021 DBE%)+(Total FY-2022 DBE%)+(Total FY-2023 DBE%)/[3 Years)
Base Figure = (0.0%+4.3o/o+1.3o/o)13 Years = 1.9To of allfirms ready, willing and able
The data source or demonstratable evidence used to derive the numerator was:
htto ://omwbe.wa. qov/oov/d irectory-of-certifi ed-firms/
The data source or demonstratable evidence used to derive the denominator was
http ://www. cen s u s. gov/ced s i/
Step 2. 26.a5(d): Adjustments to Step 1 base figure.
There is no historical DBE data to reference to make an adjustment to the Sfep 7 base figure;
therefore, the Airport is adopting,fs Sfep 1 base figure as its overall goal for this three-year goal
period.
Breakout of Estimated "Race and Gender Neutral" (RN) and "Race and Gender
Conscious" (RC) Participation. 26.51 (b) (1-9)
The recipient will meet the maximum feasible portion of its overall goal by using RN means of
facilitating DBE participation.
Examples
1. Arranging solicitations, times for the presentation of bids, quantities, specifications,
and delivery schedules in ways that facilitates DBE, and other small businesses,
participation;
2. Providing assisfance in overcoming limitations such as inability to obtain bonding or
financing;
3. Providing technicalassisfance and other seryrces;
4. Carrying out information and communications programs on contracting procedures
and specific contract opportunities;
5. lmplementing a supportive services program to develop and improve immediate and
long-term busrness management, record keeping, and financial and accounting
capability for DBE's and other small businesses;
6. Providing services to help DBE's and other small businesses improve long-term
development, increase opportunities to participate in a variety of kinds of work, handle
i ncreasing ly sig nifica nt projects, a nd ach ieve eventu al self-sufficiency;
7. Establishing a program fo assrsf new, start-up firms, pafticularly in fields in which DBE
pafticipation has historically been low;
8. Ensuring distribution of DBE directory, through print and electronic means, to the
widest feasible universe of potential prime contractors;
9. Assisf DBE's and other smallbusrnesses, to develop their capability to utilize emerging
technology and conducf busrness through electronic media; and
1 0. (ndu& dher ne neutnl masures as apprcpiate)
49 CFR Part 25 Revised: Feb. 12,2019
The recipient estimates that in meeting its overall goal 1.9%, it will obtain 1.9% from RN
participation and0o/o through RC measures
This breakout is based on
Kittitas County does not have a history of DBE participation or over-achievement of goals to
reference and expects to obtain its DBE participation through the use of DBE contract goals or a
consclous effort to obtain DBE participation. Therefore, we are applying the entire goal of 1.9
percent to race-neutral participation.
Kittitas County will adjust the estimated breakout of RN and RC DBE participation as needed to
reflect actual DBE participation (see Section 26.51(f)) and track and report RN and RC
participation separately. For reporting purposes, RN DBE participation includes, but is not
necessarily limited to, the following: DBE participation through a prime contract obtained through
customary competitive procurement procedures; DBE participation through a subcontract on a
prime contract that does not carry a DBE goal, DBE participation on a prime contract exceeding
a contract goal and DBE participation through a subcontract from a prime contractor that did not
consider a firm's DBE status in making the award.
PUBLIC PARTICIPATION
Gonsultation: Section 26.as(gX1 ).
Kittitas County submits its overall DBE three-year goalto DOT on October 1 as required by
fhe sef schedule.
ln establishing the overall goal, Kittitas County provided for consultation and publication. This
included consultation with minority, women's and general contractor groups, community
organizations, and other officials or organizations which could be expected to have information
concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of
discrimination on opportunities for DBEs, and Kittitas County's efforts to establish a level playing
field for the participation of DBEs. The consultation included a scheduled, direct, interactive
exchange teleconference with as many interested stakeholders as possible focused on obtaining
information relevant to Kittitas County's goal setting process, and it occurred before we were
required to submit our goal methodology to the operating administration for review pursuant to
paragraph (f) of this section. Notwithstanding paragraph (0(4) of this section, we will not
implement our proposed goal untilwe have complied with this requirement.
Kittitas County submits its overall DBE three-year goal to DOT on October 1 as required by the
set schedule.
Kittitas County consulted with the Washington State Office of Minority & Women's Business
Enterprises (OMWBE), without limiting consultation to these persons or groups, to obtain
information concerning the availability of disadvantaged and non-disadvantaged businesses, the
effects of discrimination on opportunities for DBEs, and Kittitas County efforts to establish a level
playing field for the participation of DBEs.
49 CFR Part 26 Revised: Feb. 12,2019
A notice will be published in the Daily Record 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 airport administration building for 30 days following the date of the notice. Kittitas County
and DOT will accept comments on the goals for 30 days from the date of the notice.
49 CFR Part 26 Revised: February 12, 2019
PUBLIC NOTICE
Kittitas County hereby announces its fiscal year 2021,2022, and 2023 goal of 1.9o/o for Disadvantaged
Business Enterprise (DBE) airport construction Contracts. A public telecom will be held on September
8, 2020 at 9am. lf you would like to participate please reach out to Samantha Peterson at
speterson@centurywest.com for meeting details. Please contact the Director of Airport Operations for a
copy of the DBE Plan and or Goal.
Comments on the DBE goal will be accepted for 30 days from the date of this publication and can be
sent to the following:
Benjamin West
Director of Airpoft Operations
Be nia m i n.West@ co. kittita s.wa. u s
(509) sl2-2017
AND
Federal Avi ation Ad m i n i strat ion Northwest Mou ntain Reg ional Office
Office of Civil Rights Staff
Attn: Sonia Cruz
2200 S 21dh Street
Des Moines, WA 98198
Contract Goals
Kittitas County will use contract goals to meet any portion of the overall goal that the
recipient does not project being able to meet using RN 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 recipient's overall goal that is not
projected to be met through the use of RN means.
Kittitas County will establish contract goals only on those DOT-assisted contracts that
have subcontracting possibilities. lt need not establish a contract goal on every such
contract, and the size of the contract goals will be adapted to the circumstances of each
such contract (e.9., type and location of work and availability of DBE's to perform the
particular type of work).
We will express our contract goals as a percentage of the Federal share of a DOT-
assisted contract.
6
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO.2020-
A RESOLUTION AUTHORIZING SIGNATURE ON THE DBE PLAN FOR BOWERS
FIELD
WHEREAS, a Disadvantaged Business Enterprise (DBE) plan is mandated by the p4,q; and
WHEREAS, Airport Director Benjamin West has produced the plan which is ready for
submittal; and
WHEREAS, Director West needs signature authority to sign the plan prior to submitting it.
Now, Therefore, Be it Resolved:
Kittitas County hereby authorizes Director Benjamin West to have signature authority to sign
the202I-2023 DBE Plan for Bowers Field.
Be it further Resolved:
That the Airport Director shall have ongoing signature authority for signing DBE Plans for
Bowers Field in the future without requiring specific board action.
DATED this 3'd day of November 2020, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Commissioner District I
Attest:
n Clerk of the Board- Julie Kjorsvik
Laura Osiadacz, Commissioner District 2
f Deputy Clerk of the Board- Mandy Buchholz
Brett Wachsmith, Commissioner District 3