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HomeMy WebLinkAboutReso 2000-476 RESOLUTION NO. 2000-476 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001, FOR CITY OF CHULA VISTA PROJECTS, UTILIZING FEDERAL HIGHWAY ADMINISTRATION FUNDiNG WHEREAS, all local agencies receiving federally-assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program; and WHEREAS, the Disadvantaged Business Enterprise Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept Disadvantaged Business Enterprise Program for the period of October 1, 2000 through September 30, 2001, for City of Chula Vista projects utilizing Federal Highway Administration funding as set forth in Attachment A, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by Resolution 2000-476 -- Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of December, 2000, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Horton Pa~tty~Mayor ATTEST: Susan Bigelow, City C~rr~c STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2000-476 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of December, 2000. Executed this 19th day of December, 2000. Susan Bigelow, City Clerk ATTACHMENT A City of Chula Vista RE000-476 CHY OF CHULA VISTA DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26~ Page I December 12, 2000 City of Chula Vista DRAFT DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO I. Definitions of Terms The terms used in this program-have the meanings defined in 49 CFR §26.5. II. Objectives/Policy Statement (§§26.1, 26.23) The City of Chula Vista has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Chula Vista has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the City of Chula Vista will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the City of Chula Vista to ensure that DBEs, as defined in part 26, have an equal opporttmity to receive and participate in DOT-assisted contracts. It is also our policy: To ensure nondiscrimination in the award and administration of DOT-assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT- assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT-assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. Ben Herrera, Assistant Engineer II has been delegated as the DBE Liaison 'Officer. In that capacity, Ben Herrera is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Chula Vista in its fmaneial assistance agreements with the Callfomia Department of Transportation (Caltrans). The City of Chula Vista has disseminated this policy statement to the Chula Vista City Council and all 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 Page 2 December 12, 2000 City of Chula Vista contracts by publishing this statement in general circulation, minority-focused and trade association publications. IIL Nondiscrimination (§26.7) The City of Chula Vista will never exclude any person from participation in, deny any person the benefits of, or otherwise 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. In administering its DBE program, the City of Chula Vista 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. IV. DBE Program Updates (§26.21) The City of Chula Vista will continue to carry out this program until the City of Chula Vista has established a new goal setting methodology or until significant changes to this DBE Program are adopted. The City of Chula Vista will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V. Quotas (§26.43) The City of Chula Vista will not use quotas or set aside in any way in the administration of this DBE program. VI. DBE Liaison Officer (DBELO) (§26.45) The City of Chula Vista has designated the following individual as the DBE Liaison Officer: Ben Herrera, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 585-5602, bherrera~ci.chula-vista. ca.us. In that capacity, Ben Herrera is responsible for implementing all aspects of the DBE program and ensuring that the City of Chula Vista complies with all provisions of 49 CFR Part 26. This is available on the'Internet at osdbuweb.dot.gov/main.cfm. Ben Herrera has direct, independent access to the Director of Public of Works, John P. Lippitt, concerning DBE program matters. Ben Herr.era will have available t~om the City such administrative and legal assistance as required. The organization chart displaying the DBELO's position in the organization is found in Attachment 1 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination other appropriate officials. Duties and responsibilities include the following: Page 3 December 12, 2000 City of Chula Vista 1. Gathers and reports statistical data and other information as required. 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. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes City of Chula Vista's progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the City Manager and City Council on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Participates with the legal counsel and project director to determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insttrm~ce. 12. Plans and participates in DBE training seminars. 13. Provides outreach to DBEs and community organizations to advise them of opporttmities. VII. Federal Financia! Assistance Agreement Assurance (§26.13) The City of Chula Vista will sign the following assurance, applicable to all FHWA- assisted contracts and their administration as part of the program supplement agreement for each project: The recipient 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. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrim'mation in the award and administration of DOT-assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation 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 the recipient of its failure to carry out its approved program, the Department r~ay impose sanctions as provided for under part 26 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 et seq.). VIII. DBE Financial Institutions - It is the policy of the City of Chula Vista 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 Page 4 December 12, 2000 City of Chula Vista institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions. Information on the availability of such institutions can be,obtained from the DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX. Directory (§26.31) The City of Chula Vista will refer interested persons to the DBE directory available from the Cultruns Disadvantaged Business Enterprise Program website at www.dot.ca.gov/hq/bep. X. Overconcentration (§26.33) The City of Chula Vista has not identified any types of work in DOT-assisted contracts that have a overconcentration of DBE participation. If in the future the City of Chula Vista identifies the need to address overconcenlration, measures for addressing overconcentration will be submitted to the DLAE for approval. XI. Business Development Programs (§26.35) The City of Chula Vista does not have a business development or mentor-prot~g6 program. If the City of Chula Vista identifies the need for such a progran: in the future, the rationale for adopting such a program and a comprehensive description of it will be submitted to the DLAE for approval. XII. Required Contract Clauses (§§26.13, 26.29) Contract Assurance The City of Chula Vista ensures that the following clause is placed in every DOT-assisted contract and subcontract: The contractor 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 recipient deems appropriate. Prompt Payment The City of Chula Vista ensures that the following clauses or eqnivalent will be included in each DOT-assisted prime contract: Page 5 December 12, 2000 City of Chula Vista Satisfactory Perfom~ance_ The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of Chula Vista. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Chula Vista. This clause applies to both DBE and non-DBE subcontractors' Release of Retainage The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Chula Vista. This clause applies to both DBE and non-DBE subcontractors. XIII. Monitoring and Enforcement Mechanisms (§26.37) The City of Chula Vista will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subconk-actor reports of payments in accordance with the following: After Contract Award After the contract award the City of Chula Vista will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Pre-constmction Conference A pre-constmction conference will be scheduled between the RE and the contractor or their representative to discuss the work DBE subcontractors will perform. Before work can begin on a subcontract, the local agency will require the cbntractor to submit a completed "Subcontracting Request," Exhibit 16-B of the LAPM or equivalent. When the RE receives the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder DBE Information," Exhibit 15-G. The "Subcontracting Request" will not be approved until any discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Page 6 December 12, 2000 City of Chula Vista Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-I of the LAPM or equivalent. Either making corrections or requesting a substitution must resolve differences. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). Local agencies will require contractors to adhere to the provisions within Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17-F, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will explain to them that the document will be required at the end of the project, for which payment can be withheld, in conformance with the contract. Construction Contract Monitoring The RE will ensure that the RE's staff (inspectors) knows what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there is a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withlaolding of payment. If the contract requires the submittal of a monthly track document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number; and the DBE certification number of the owner of the truck for each truck used during that month .for which DBE participation will be cla'rmed. The hueks will be listed by California Highway Patrol CA number in the dally diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confn'rn compliance. = Page 7 December 12, 2000 City of Chula Vista Providing evidence of DBE payment is the responsibility of the contractor. Substitution When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees to the substitution, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If them is any doubt in the RE/Contract Manager's mind regarding the requested substitution, the E/Contract Manager may contact the DLAE for assistance and direction. Record Keeping and Final Report Utilization of Disadvantaged Business Enterprises The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17-F and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17:F to the contractor's completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-B. The DBEs shown on the compldted Exhibit 17-F should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit 15- G when: · Them have been no changes made by the RE. The contractor has not provided a sufficient explanation in the comments section of the completed E.xhibit 17-F. Page 8 December 12, 2000 City of Chula Vista The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the project records. The local agency's Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the PS&E checklist to monitor the City of Chula Vista's commitment to require bidders list information to be submitted to the City of Chula Vista from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The City of Chnla Vista will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarmerit or Program Fraud and Civil Penalties rules) provided in §26.109. The City of Chula Vista also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV. Overall Goals (§26.45) Amount of Goal The City of Chula Vista's overall goal for the Federal fiscal year FY 2000/2001 is the following: 8.4% of the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into 6% race-conscious and 2.4% race-neutral components. Methodology The methodology followed in setting the overall goal is enclosed as Attachment 2. Process Starting with the Federal fiscal year 2002, the amount of overall goal, the method to calculate the goal, and the breakout of estimated race-neutral and race-c6nscious participation will be required annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FTA or FAA recipients are required by FTA or FAA to submit the annual information to them or a designee by another date. FHWA recipients will follow this process: Once the DLAE has responded with preliminary comments and the comments have been · - incorporated into the draft overall goal information, the City of Chula Vista will publi~ a Page 9 December 12, 2000 City of Chula Vista notice 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 City of Chula Vista's principal office for 30 days following the date of the notice, and informing the public that the City of Chula Vista comments will be accepted on the goals for 45 days following the date of the notice. Advertisements in newspapers, minority focus media, trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and the City of Chula Vista's responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so the City of Chula Vista may begin using the overall goal on October 1 of each year. XV. Contract Goals (§26.51) The City of Chula Vista will use contract goals to meet any portion of the overall goal. The City of Chula Vista does not project being able to meet by the use of race-neutral 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 overall goal that is not projected to be met through the use of race-neutral means. Contract goals will be established only on those DOT-assisted contracts that have subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract. XVI. Transit Vehicle Manufacturers (§26.49) If DOT-assisted contracts will include transit vehicle procarements, the City of Chula Vista will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. The City of Chula Vista will direct the transit vehicle manufacturer to the subject requirements located on the Interact at http://osdbuweb.dot.gov/programs/dbe/dbe.htm. XVII. Good Faith Efforts (§26.53) Information to be Submitted Page 10 December 12, 2000 City of Chula Vista The City of Chula Vista treats bidders'/offerors' compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform: 3. The dollar amount ofthe participation ofeach DBE firm participation 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts 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. The following personnel are 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: Ben Herrera, Project Design and Management. The City of Chula Vista will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. Administrative Reconsideration Within 10 days of being informed by the City of Chula Vista that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: John P. Lippitt, Director of Public Works. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make 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 oppommity to meet in person with the reconsideration official to discuss the issue of whether it met Page 11 December 12, 2000 City of Chula Vista the goal or made adequate good faith efforts to do. The City of Chula Vista 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 Caltrans, FHWA or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The City of Chula Vista will re. quire a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE irnmediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain the City of Chula Vista prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Chula Vista contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. XVIII. Counting DBE Participation (§26.55) The City of Chula Vista will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. XIX. Certification (§26.83(a)) The City of Chula Vista ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. XX. Information Collection and Reporting Bidders List The City of Chula Vista will create and maintain a bidders list, consisting of infqrmation about all DBE and non-DBE finns that bid or quote on its DOT-assisted contracts. The bidders list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms. Monitorin~ Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. Any authorized representative Page December 12, 2000 City of Chula Vista of the City of Chula Vista, Caltrans or FHW A will make these records available for inspection upon request. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the City of Chula Vista to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule ofDBE participation. Reporting to Caltrans The City of Chula Vista - Final utilization of DBE participation will be reported to the DLAE using Exhibit l7-F of the Caltrans' LAPM. Confidentiality The City of Chula Vista will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local laws. - John P. Lippitt, Director of Public Works Date: This Disadvantaged Business Enterprises Program is accepted by: Gary L. Vettese, P.E., District Local Assistance Engineer Date: Bvh c: \ben \dbe\dbeprogram.doc @ Page 13 December 12, 2000