NEVADA UCP MEMBER ORGANIZATIONS Carson Area Metropolitan Planning Organization Clark County Department of Aviation, McCarran International Airport Nevada Department of Transportation Regional Transportation Commission of Southern Nevada Regional Transportation Commission of Washoe County Reno-Tahoe Airport Authority Nevada Unified Certification Program (NUCP) Disadvantaged Business Enterprise (DBE) Airport Concessions Disadvantaged Business Enterprise (ACDBE) MEETING MINUTES Tuesday, February 25, 2014 10:00 a.m. Physical Location: Regional Transportation Commission of Southern Nevada Conference Room 127 600 S. Grand Central Parkway Las Vegas, NV 89106 Conference Call: Phone Number: (567) 314-6002 Passcode: 34897 The following is a summary of the Minutes taken from the NUCP meeting and is not a detailed verbatim transcription of the Minutes. I. ACTIVATE CONFERENCE CALL RECORDER II. Call to Order Roll Call Meeting was called to order by Ms Munoz at 10:04 a.m. Members Present: Chairperson, Debbie Munoz, Regional Transportation Commission of Washoe County, Vice Chair, Reno-Tahoe Airport Authority Secretary, Amy Shaw, Clark County Department of Aviation Catherine Smith Clark County Department of Aviation Charles CJ Cheatham, Regional Transportation Commission of Southern Nevada Dan Doenges Carson Area Metropolitan Planning Organization Dana Olivera, Nevada Department of Transportation Gingi Robinson Nevada Department of Transportation Lois O Neil Reno-Tahoe airport Authority Pat Torvinen Nevada Department of Transportation Tonita Mack, Regional Transportation Commission of Southern Nevada Yvonne Schuman Nevada Department of Transportation February 25, 2014 Meeting Minutes Page 1 of 9
Others Present: Angela Arriola Arriola Consulting and Inspections LLC Cindy Olivares ACC via telephone Kevin Resler Federal Highway via telephone Joan Woods ACC via telephone Shonda Decker A Affordable Striping and Sealing III. Approval of Minutes of the January 28, 2014 meeting (For Possible Action) Yvonne Schuman requested corrections to: Page 3, Section VI. a., 2 nd to the last bullet Page 4, Section VI. ii., first bullet; Page 5, Section VII. b, first bullet Page 6, Section VII. b. first bullet at the top of the page Tonita Mack Catherine Smith Approve minutes as amended IV. Approval of Agenda (For Possible Action) Pat Torvinen requested corrections to VI. b. as follows: Correct A Affordable Stripping and Sealing to A Affordable Striping and Sealing Correct Bingham Consulting to Bigham Consulting Yvonne Schuman Lois O Neil Approve the agenda as amended V. Public Comment (Opening Period) Ms Munoz stated that any applicants interested in speaking so do so now. No public comments VI. New Business a. McCarran International Airport Certification Review: February 25, 2014 Meeting Minutes Page 2 of 9
i. Arriola Consulting and Inspections LLC (DBE) Henderson, NV (For Possible Action) Ms. Munoz introduced this item and Cindy Olivares presented the certification material. Arriola Consulting and Inspections LLC provides office administrative, administrative management and general management consulting services. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trades. Lois O Neil Dan Doenges Approve DBE Certification for Arriola Consulting and Inspections LLC. ii. Brazen Architecture, Inc. (DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Cindy Olivares presented the certification material. Brazen Architecture, Inc. provides design, architectural and space planning services. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trade. Yvonne Schuman Tonita Mack Approve DBE Certification for Brazen Architecture, Inc. iii. Chieti Coffee, LLC (ACDBE and DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Joan Woods presented the certification material. Chieti Coffee is a coffee roaster; owns/operates a coffee shop, bakery and deli; and provides catering services. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trade. Comments/Questions: Yvonne Schuman expressed concern of certifying this applicant as a DBE because there are no consistent contracts under which this firm can be used such as using federal funds to pay for coffee. February 25, 2014 Meeting Minutes Page 3 of 9
There are multiple sections in the regulations which state that the firm must be a service provider that can perform on highway construction contracts, and referenced 26.43, 26.45 and 26.71, 26.83. Throughout Part 26, there are many references to DBEs and DOT-assisted contracts. The numbers and types of firms certified as DBEs hurts NDOT in their reporting as they base their participation on the total number of certified DBE firms. Many firms cannot be used on NDOT projects so certification of those types of firms skews their numbers and they are questioned on why their participation is so low. Kevin Resler commented that the decision of whether to certify the applicant as an ACDBE and DBE is up to the UCP. The only issue for the UCP is to determine whether the firm qualifies as a DBE. The UCP can deny an applicant if there will never be an opportunity for the applicant to ever work on contracts, but at the same time it is a tricky argument to make. Joan Woods stated that there are several firms that are certified as both ACDBE and DBE such as insurance companies. There are many firms who provide services to the airport and on DOT-assistant projects. Cindy Olivares cautioned that when an applicant requests certification as an ACDBE and/or DBE, the UCP needs a reason to deny the applicant. When reviewing certifications, the UCP should not make a judgment call of what the members think the company can or cannot do. The SBA size standards contain many categories of work that we would never use and should therefore use caution in making such determinations. Yvonne Schuman then stated that she doesn t understand what is being presented. The initial investment to start the firm is $600,000, but the equipment is valued at $18,000 so she would like to know what the rest of the money was used for. Did the applicant transfer money to the company to reduce her personal net worth? Joan Woods stated that the applicant is not close to the personal net worth cap. She further explained that in addition to purchasing equipment, there were extensive costs in building out the roasting area, bakery, coffee shop and deli which is located in a strip mall, and other costs such as classes that were taken at the Cordon Bleu. Cindy Olivares stated that she sent an e-mail to Mark Pentino and Sam Brooks of the DOT requesting guidance on applicants who seek both ACDBE and DBE certification. Kevin Resler stated that he will also seek guidance from the FHWA. Yvonne Schuman recommended that Chiete Coffee s certification be tabled to the March meeting and additional information be provided on the money used to start up the company. February 25, 2014 Meeting Minutes Page 4 of 9
Yvonne Schuman Table the ACDBE and DBE Certification for Chieti Coffee, LLC to the March meeting. iv. Elmore Janitorial and Maintenance LLC (DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Cindy Olivares presented the certification material. Elmore Janitorial and Maintenance LLC provides janitorial services for commercial offices, buildings and construction sites. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trade. Yvonne Schuman Approve DBE Certification for Elmore Janitorial and Maintenance LLC v. People s Transit, LTD (ACDBE and DBE) Romulus, MI (For Possible Action) Ms. Munoz introduced this item and Joan Woods presented the certification material. People s Transit, LTD is a firm based in Romulus, MI, is certified by the Michigan DOT. The applicant provides sedan shuttle, charter, paratransit and transit services; and, general ground transportation services. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trades. Tonita Mack Dan Doenges Approve DBE Certification for People s Transit, Ltd. vi. SEBNIC Investment Corporation (DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Joan Woods presented the certification material. February 25, 2014 Meeting Minutes Page 5 of 9
SEBNIC Investment Corporation provides Business Service Center services including mail/postal center, shipping and receiving, internet, copying/printing and convention services. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trades. Comments/Questions: Yvonne Schuman stated that she had the same concern with this applicant as she has with Chieti Coffee relative to DOT-assisted contracts and recommended that the certification decision be tabled to the March meeting pending the DOT s response to Cindy s question. There is no line item on a bid for the services this applicant offers. Amy Shaw commented that although certain services may not be identified as a line item on a bid, they can be included in administrative fees. stated that there is a potential for contractors to use copying and printing services. She inquired of why the casinos are using NDOT s website to find DBE certified firms. Dana Olivera stated there is a link between professional services and DOT-assisted contracts. Firms such as janitorial services participate on NDOT projects and are counted toward the goal, and professional services are considered in goal setting. NDOT received many requests for a list of DBE firms when City Center was being built. Debbie Munoz CAMPO, McCarran, RTC Washoe Co., RTC Southern NV, Reno-Tahoe NDOT 5 Ayes / 1 Abstention Approve DBE Certification for SEBNIC Investment Corporation b. Nevada Department of Transportation Certification Review: i. A Affordable Striping and Sealing (DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Gingi Robinson presented the certification material. A Affordable Striping and Sealing provides asphalt maintenance, seal coating, asphalt striping, sign installation and road marking services. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trades. Catherine Smith Lois O Neil February 25, 2014 Meeting Minutes Page 6 of 9
Approve DBE Certification for A Affordable Striping and Sealing ii. Richardson Construction (DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Gingi Robinson presented the certification material. Richardson Construction provides general contracting services vertical construction, building construction, horizontal construction, underground utilities and steel fabrication. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trades. Comments/Questions: Catherine Smith stated that on Page 3, Section C of the application, the applicant indicates that it is co-located with JV Ventures, Left of Center Art Gallery and Palmetto Construction. Page 2 of the site visit indicates that the applicant shares personnel with another company but doesn t indicate who that company is. Do they share personnel with one of the three firms they are co-located with? In addition, on Page 4, Section 3 of the application, there was no value listed for the initial investment to acquire ownership interest in the firm. On Page 2 of the Personal Financial Statement, the applicant listed property tax paid on six properties but did not list the six properties as real estate owned. Yvonne stated that the omission of ownership information was an oversight that she was unaware of. The applicant did provide an extensive list of property he owns in an attachment to the application. Gingi Robinson responded that there are other businesses located in the complex and the art gallery is located on the first floor. Yvonne added that Louis Richardson owns the commercial building and that the applicant firm may share a receptionist. Amy Shaw stated that Richardson Construction had been previously certified by McCarran Airport, and in 2001 the firm was decertified for exceeding the personal net worth. Gingi Robinson stated that the applicant s personal net worth is close to the cap so she will monitor the applicant closely. Yvonne stated that Mr. Richardson has renounced any ownership in JV Ventures. However, she was unaware that that firm was previously certified since that information was not disclosed on the application. Catherine Smith February 25, 2014 Meeting Minutes Page 7 of 9
Approve DBE Certification for Richardson Construction, Inc. iii. Gladstone Industries Corporation (DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Pat Torvinen presented the certification material. Gladstone Industries Corporation manufactures custom architectural metals, lighting, staircase railings, gates, fences and artwork. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trades. Comments/Questions: Catherine Smith stated Page 2 of the on-site states that Vicki spends 20% of her time in the business and Dimitri spends 2% of his time in the business. However the responses provided on Page 3 of the on-site seems to indicate that Dimitri spends more than 2% of his time on the business as he is responsible for estimating, oversees production, researches equipment needs and provides technical expertise in the manufacturing process. Yvonne Schuman responded that the 2% must be a typo as he spends 50% of his time in the office and 50% in the field. Catherine Smith Debbie Munoz Approve DBE Certification for Gladstone Industries Corporation iv. Mystery Lake Engineering, Inc. (DBE) Las Vegas, NV (For Possible Action) Ms. Munoz introduced this item and Pat Torvinen presented the certification material. Mystery Lake Engineering, Inc. is a professional consulting civil engineering firm. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trade. Catherine Smith Approve DBE Certification for Mystery Lake Engineering, Inc. February 25, 2014 Meeting Minutes Page 8 of 9
v. Bigham Consulting LLC (DBE) Reno, NV (For Possible Action) Ms. Munoz introduced this item and Pat Torvinen presented the certification material. Bigham Consulting LLC is provides outsource business development, marketing and project coordination services. The applicant meets the eligibility standards of 49 CFR, Part 26. The disadvantaged owner does not exceed the personal net worth cap and the firm s gross receipts do not exceed the size standards for the applicable trades. Tonita Mack Lois O Neil Approve DBE Certification for Bigham Consulting LLC VII. Other Issues/Discussions a. SBE Program Update Discussion to carry forward this issue to the workshop which will start upon conclusion of this meeting. VIII. Public Comment (Concluding Period) congratulated Pat Torvinen and wished her well in her new position; other members offered their congratulations. Pat stated that she is not leaving NDOT but will be moving to another division and expressed her appreciation to the board members. IX. Next Meeting: March 25, 2014 10:00 a.m. Location at RTC room number TBD X. Adjournment: Meeting adjourned at 11:30 a.m. February 25, 2014 Meeting Minutes Page 9 of 9