HomeMy WebLinkAbout2007/04/17 Item 5
CITY COUNCIL
AGENDA STATEMENT
:sVj~ CITY OF
- CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
4/17/07, Item~
RESOLUTION ACCEPTING THE DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF
OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006 FOR
PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE
FEDERAL HIGHWAY ADMINISTRATION FUNDS
RESOLUTION ACCEPTING THE DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF
OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007 FOR
PROJECTS OF THE CITY OF CHULA VISTA THAT UTILIZE
FEDERAL HIGHWAY ADMINISTRATION FUNDS
DIRECTOR OF GENERAL S~ICES '~;}J.J-.
INTERIM CITY MANAGER f!
4/STHS VOTE: YES D NO [g]
BACKGROUND
All local agencies receiving federally assisted funds from the Federal Highway Administration are
required to submit a Disadvantaged Business Enterprise Program. 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.
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
Council approve the resolutions accepting the Disadvantaged Business Enterprise (DBE)
Program for the period of October I, 2005 through September 30, 2006 and for the period of
October 1, 2006 through September 30, 2007 for City of Chula Vista projects utilizing Federal
Highway Administration funding.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION
General
On September 21, 2004 City Council approved Resolution No. 2004-301 accepting the
Disadvantaged Business Enterprise Program for the period of October 1, 2004 through
September 30, 2005. The goals for the program have been revised and some modifications were
made to the pro gram itself.
The Disadvantaged Business Enterprise (DBE) Program is a Federal program operating under
the guidance of the United States Department of Transportation (DOT). A new Federal
regulation, Title 49 Code of Federal Regulations, Part 26 (49 CFR 26) that governs the DBE
Program became effective March 4, 1999; since then, the City of Chula Vista has complied every
year with the DOT's regulations. Caltrans has been entrusted with local agency oversight
responsibility for DBE implementation and shall administer the Federal aid highway funds from
Federal Highway Administration (FHW A) programs. City staff has worked closely with Caltrans
in preparing this program.
The overall goal of the DBE Program is to ensure that contractor/consultant businesses owned
and controlled by minorities, women and other socially and economically disadvantaged persons
have the opportunity to bid and work on projects funded by FHW A.
It is the policy of the City of Chula Vista to ensure that DBEs have an equal opportunity to
receive and participate on DOT-funded projects. It is the goal of the DBE Program to
accomplish the following:
1. Ensure non-discrimination in the award and administration of DOT assisted contracts.
2. Create a level playing field on which DBEs can compete fairly with DOT -assisted
contracts.
3. Ensure that their annual overall DBE Participation percentage is narrowly tailored, in
accordance with applicable law.
4. Ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted
to participate as DBEs.
5. Help remove barriers to the participation ofDBEs in DOT assisted contracts.
6. Assist the development of firms that can compete successfully in the market place
outside the DBE Program.
City ofChula Vista DBE Program Annual Anticipation DBE Participation Level (AADPL)
As part of the DBE Program, the City of Chula Vista is required to calculate the Annual
Anticipation DBE Participation Level (AADPL) in DOT assisted contracts. The AADPL is
defmed as a percentage of DBE participation on all Federal aid highway funds expended on
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FHW A assisted contracts in the upcoming fiscal year. The City of Chula Vista's AADPL for
2005/2006 was calculated to be 8.73% and for 2006/2007 was calculated to be 7.60%.
The AADPL is a two-step process as described in 49 CFR, Part 26, Section 26.45. Step 1 is to
determine a base figure percentage. The base figure was determined by researching the
availability of DBEs that are ready, willing and able DBEs in San Diego County from our DBE
directory. Using the Census Bureau's County Business Pattern (CBP) database, determine the
number of all ready, willing and able businesses available in San Diego County that perform
work in the same Standard Industrial Classification (SIC) codes. Divide the number ofDBEs by
the number of all businesses to derive a base figure for the relative availability of DBEs in San
Diego County. Once a base percentage figure was determined, Step 2 consisted of adjusting the
overall goal either up or down based on the availability of DBEs in the local market.
Citv of Chula Vista DBE Program Updates
Updates to the DBE program include:
. Item VI: Luis A. Labrada, Associate Civil Engineer has replaced Sandra Hernandez,
Associate Engineer as the DBE Liaison Officer of the City of Chula Vista.
· Jack Griffin, Director of General Services has replaced Cliff Swanson, Director of
Engineering as the person authorized to approve the Program.
The City of Chula Vista has published a Public Notice, announcing the City of Chula Vista's
proposed DBE Program and the overall annual goal for the federal FY 2006/2007 contracts
assisted by FHW A funds in general circulation media including minority focused media, local
trade papers and the Star News. The DBE Program, its proposed goals and the rational for the
goals were available for inspection for thirty (30) days and the City accepted comments on the
proposed goals for forty-five (45) days from the date of the Public Notice. During the Public
Notice period, no comments were made regarding the DBE Program. A Public Notice was not
posted for fiscal years 2005/2006 due to no projects constructed in that fiscal year.
Title 49 CFR 26 requires the local agencies' governing body approve the DBE Program before
funds for Federal-assisted projects can be utilized.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(I) is not applicable to this decision.
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FISCAL IMPACT
The costs of managing and maintaining the DBE program will become part of the costs of
Federal Highway projects and will be included in reimbursements from FHW A programs. Thus,
there is no overall fiscal impact to the City for this program other than the initial staff costs to
prepare this policy and to update it each year.
ATTACHMENTS
DBE Program FY 05/06
DBE Program FY 06/07
Prepared by: Luis A. Labrada, Associate Civil Engineer, General Services
M:IGeneral ServiceslGS AdministrationlCouncil AgendaIDBEIDBErev3.doc
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DBE Program FY 05/06
5-5
STATE 01; CALIFORNIA ..fl.S\E$. TRANSPORTATION AND HOUSING AGENCY
ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 11 LOCAL ASSISTANCE
4050 Taylor Street
"'N DIEGO, CA l;l2110
JNE (619) 278-3756
FAX (6191 220-5432
~'
:".-" - .
...'
Luis A, Labrada, P,E,
DBE Liaison Officer
1 BOO Maxwell Road
Chula Vista, CA 92071
f;/Cw>1
Flex your power!
Be energy efficient!
July 11, 2006
Dear Mr, labrada:
Thank you for submitting the City of Chula Vista's Disadvantaged Business Enterprise (DBE) Race Neutral
Implementation Agreement Exhibit 9-A and DBE Annual Submittal Exhibit 9-B Forms for the remainder of FY
200512006, Be advised that you will also need to submit Exhibit 9-B for FY06107, along with your methodology for
calculating the Annual Anticipated DBE Participation Level (AADPL), as soon as possible so that it can be incorporated
into the States AADlP for FY06107,
The California Department of. Transport_ation, District 11, has approved your 2005-2006 DBE Race Neutral
Implementation Agreement Exhibit 9-A and the DBE Annual Submittal Exhibit 9-B for Federal Fiscal-Year 2005-2006,
A copy of the signed .90cuments is included with this letter, Please notify all Project Managers and Resident Engineers
to comply with local Assistance procedures relating to the Consultant Selection Process (Exhibit 101 and 10J), as well
as the Plans Specifications, and Estimate (PS&E) Checklist requirements (see Exhibit 12-D),
. e AADPL participation of 8.73% is accomplished by Race Neutral means, Your prompt payments option 3 for the
City's prompt paymentlretainage clause will remain in affect during the 2005-2006 fiscal year for all participants using
Federal Highway Administration funds. If you choose to change this option please submit your request with the 2006-
2007 Annual Submittal Form,
Local Agencies are still required to submit, Exhibit 15-G to the Local Program coordinator with the construction project
award documents, and Exhibit 17 F and 17-0 should be submitted with the final report of expenditure within 1 BO days
of project completion,
If Consultant Contracts are used on a project seeking Federal reimbursement, Exhibits10-0 needs to be submitted to
the District Local Assistance Engineer upon award of the consultant contract (note, this is a new requirement).
If you have any questions, please contact Carol D, Jeffries, DBE Coordinator of my staff at 619-220-5406,
Sincerely,
~;t. J;A... -,
GARY VETTESE
District 11 Local Assistance Engineer
C: Carol D. Jeffries, DOT District 11
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Local Assistance Procedures Manual
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L- _ iJ.-'~'~ ' 1 \ ir<
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
COpy
Exhibit 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for
Local Agencies
DISADVANTAGED BUSINESS ENTERPRlSE
RACE-NEUTRAL
IMPLEMENTATION AGREEMENT
FOR
LOCAL AGENCIES
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Page 9-27
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EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Local Assistance Procedures Manual
')ISADV ANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION
AGREEMENT
For the City/County of
to as "RECIPIENT."
City of Chula Vista
, hereinafter referred
I DefInition of Terms
The terms used in this agreement have the meanings defined in 49 CFR 9 26.5.
II OBJECTIVEIPOUCY STATEMENT (~26/1. 26/23)
The RECIPIENT intends to receive federal fmancial assistance from the U. S. Department of Transportation
(DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this
assistance, the RECIPIENT will sign the California Department of Transportation's Disadvantaged Business
Enterprise Implementation Agreement (hereinafter referred to as Agreement). The RECIPIENT agrees to
implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DB E)
Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE
Program Plan is based on U.S. Depart:ffient of Transportation (DOT), 49 CFR, Part 26 requirements.
It is the policy of the RECIPIENT to ensure that DBEs, as defmed in Part 26, have an equal opportunity to receive
and participate in D01=-assisted contracts. It is also their policy:
. To ensure nondiscrimination in the award and administration of DOT-assisted contracts.
. To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts.
To ensure that their annual overall DBE participation percentage 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 ofDBEs in DOT-assisted contracts.
. To assist the development of firms that can compete successfully in the market place outside the DBE
Program.
III Nondiscrimination (~26.7)
RECIPIENT 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 the local agency components of the
DBE Program Plan, the RECIPIENT 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
obj eclives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
Page 9-28
May 1, 2006
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Local Assistance Procedures Manual
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
IV Annual DBE Submittal Form (~26.21)
The RECIPIENT will provide to the Caltrans' District Local AsSistance Engineer (DLAE) a completed DBE
Annual Submittal Form by June 1 of each year for the following Federal Fiscal Year (FFY). This form includes
an Annual Anticipated DBE Participation Level (AADPL), methodology for establishing the AADPL, the name,
phone number, and electronic mailing address of the designated DBELO, and the choice of Prompt Pay Provision
to be used by the RECIPIENT for the following FFY.
V Race-Neutral Means of Meeting the Annual DBE Goal (~26.51)
RECIPIENT will assist Caltrans to achieve its Overall Statewide DBE Goal by race neutral means that may
include, but are not limited to the following:
1. Advertising solicitations, scheduling bidding periods and opening times, and packaging quantities,
specifications, and delivery schedules in ways that facilitate DBE and other small business participation.
2. Providing assistance to DBE and small businesses in overcoming limitations such as inability to obtain
bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding
requirements, and provi~g services to help DBEs and other small businesses obtain bonding and
fmancing).
3. Providing technical assistance and other services to DBE and small businesses.
4. Providmg information and communication programs on contracting procedures and specific contract
opportunities (e.g., ensuring the inclusion ofDBEs and other small businesses on recipient mailing lists of
bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors
including DBE' s and small businesses; providing the information in languages other than English, where
appropriate).
5. Implementing a supportive services program to develop and improve immediate and long-term business
management, record keeping, and fmancial and accounting capability for DBEs and other small businesses.
6. Providing services to help DBEs and other small businesses improve long-term development, increase
opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and
achieve eventual self-sufficiency.
7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has
been historically low.
8. Assisting DBEs and other small businesses to develop their capability to utilize emerging technology and
conduct business through electronic media.
9. Implementing or developing a mentor-protege program.
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EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Local Assistance Procedures Manual
VI Quotas (~26.43)
RECIPIENT will not use quotas or set.asides in any way in the administration of the local agency component of
the DBE Program Plan.
VII DBE Liaison Officer (DBELO) (~26.25)
RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE
Program Plan, as it pertains to the RECIPIENT, and ensures that the RECIPIENT is fully and properly advised
concerning DBE Program Plan matters. There will three City staff dedicated to the implementation ofthe DBELO
program. The name, address, telephone number, electronic mail address, and an organization chart displaying the
DBELO's position in the organization are found in Attachment _1_ to this Agreement. This information will
be updated annually and included on the DBE Annual Submittal Form.
The DBELO is responsible for developing, implementing, and monitoring the RECIPIENT's requirements of the
DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the
following:
1.
2.
3.
4.
5.
Gathers and reports statistical data and other information as required.
Reviews third party contracts and purchase requisitions for compliance with this program.
Works with a1I9epartments to determine projected Annual Anticipated DBE Participation Level.
Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner.
Analyzes DBE participation and identifies ways to encourage participation through race.neutral means.
Participates in pre-bid meetings.
Advises the CEO/governing body on DBE matters and DBE race-neutral issues.
Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding
and insurance.
.,.
7.
8.
9.
10.
Plans and participates in DBE training seminars.
Provides outreach to DEEs and community organizations to fully advise them of contracting opportunities.
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May 1,2006
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Local Assistance Procednres Mannal
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-N eutra!
Implementation Agreement for Local Agencies
VIII Federal Financial Assistance Agreement Assurance (~26.13)
RECIPIENT will sign the following assurance, applicable to and to be included in all DOT -assisted contracts and
their administration, as part of the program supplement agreement for each proj ect.
The recipient shall not discriminate on the basis ofrace, 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 CPR, Part 26 to ensure
nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE Program, as
required by 49 CPR, 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 may 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.). [Note - this language is to be used verbatim, as it is stated in ~26.13(a).]
IX DBE Financial Institutions (~26.27)
It is the policy of the RECIPIENT 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.
Information on the availability of such institutions can be obtained from the DBELO. The Caltrans'
Disadvantaged Business Enterprise Program may offer assistance to the DBELO.
X Directory (~26.31)
RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the
Caltrans Disadvantaged Business Enterprise Program's website at www.dot.ca.govlhqlbep.
XI Required Contract Clauses (~~26.13, 26.29)
RECIPIENT ensures that the following clauses or equivalent will be included in each DOT -assisted prime
contract:
A. CONTRACT ASSURANCE
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 CPR, 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.
[Note - This language is to be used verbatim, as is stated in ~26.13(b). See Caltrans Sample Boiler Plate Contract
Documents on the Internet at www.dot.ca.govlhq/LocalPrograms under "Publications.'l
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EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Local Assistance Procedures Manual
. PROlVIPT PAYMENT
Prompt Proeress Payment to Subcontractors
A prime contractor or subcontractor shall pay to any subcontractor not later than 10-days of receipt of
each progress payment, in accordance with theprovision in Section 7108.5 of the California Business and
Professions Code concerning prompt payment to subcontractors. The 10-days is applicable unless a
longer period is agreed to in writing. Any delay or postponement of payment over 30-days may take
place only for good cause and with the agency's prior written approvaL Any violation of Section 7108.5
shall subj ect the violating contractor or subcontractor to the penalties, sanctions, and other remedies of
that Section. This requirement shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or
noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Prompt Payment of Withheld Funds to Subcontractors
The local agency shall include either (1), (2), or (3) of the following provisions [local agency equivalent
will need Caltrans approval] in their federal-aid contracts to ensure prompt and full payment of retain age
[withheld funds] to subcontractors in compliance with 49 CFR 26.29.
1. No retainage will be-held by the agency from progress payments due to the prime contractor. Prime
contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or
postponement of payment may take place only for good cause and with the agency's prior written
approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the
penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and
Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of
a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance,
and/or noncompliance by a subcontractor. This clause applies to both DEE and non-DBE subcontractors_
2. No retainage will be held by the agency from progress payments due the prime contractor. Any
retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning
subcontractor in 30-ays after the subcontractor's work is satisfactorily completed. Any delay or
postponement of payment may take place only for good cause and with the agency's prior written
approvaL Any violation of these provisions shall subject the violating contractor or subcontractor to the
penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions
Code. This requirement shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or
noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
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May 1, 2006
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Local Assistance Procedures Manual
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
3. The agency shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the agency of the contract work and pay retainage
to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all
monies withheld in retention from all subcontractors within 30-days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work
by the agency. Any delay or postponement of payment may take place only for good cause and with the
agency's prior written approval. Any violation of these provisions shall subject the violating prime
contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California
Business Professions Code. This requirement shall not be construed to limit or impair any contractual,
administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of:
a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance;
and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
XIV Local Assistance Procedures Manual
The RECIPIENT will advertise, a ward and administer DOT -assisted contracts in accordance with the most
current published Local Assistance Procedures Manual (LAPM).
xv Bidders List (~26.1l)
The RECIPIENT will create and maintain a bidders list, consisting of information about all DBE and non-DBE
firms that bid or quote on its DOT-assisted contracts. The bidders list will include the narne, address, DBE/non-
DBE status, age, and annual gross receipts of the firms.
XVI Reporting to the DLAE
RECIPIENT will promptly submit a copy of the Local Agency Bidder-DBE Information (Exhibit 15-G or Exhibit
10-0 of the LAPM) to the DLAE at the time of execution of consultant or construction contract award.
RECIPIENT will promptly submit a copy of the Final Utilization ofDBE participation to the DLAE using
Exhibit 17-F of the LAPM immediately upon completion of the contract for each consultant or construction
contract.
xvn Certification (~26.83(a))
RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program will
participate as DBEs on DOT-assisted contracts.
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EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Local Assistance Procedures Manual
:vITI Confidentiality
RECIPIENT will safeguard from disclosure to third parties, information'that may reasonably be regarded as
confidential business information consistent with federal, state, and local laws,
Date: ~V~'- "2." I '2i.X'(.,
ncy Recipient's Chief
-:5",\...^ F (,";I~:"
[print Name of Local Agency Recipient's Chief
Executive Officer]
Phone Number: !.l It - " ,7 - (, 0 ag
This California Department of Transportation's Disadvantaged Business Enterprise Program Plan Implementation
Agreement is accepted by:
~~1Ilb
[lgna e ofDLAE]-
Date:
7/(( foe
f {
(;,.rrr L. VdktL
[Print N me ofDLAE]
"istribution: (1) Original-DLAE
(2) Copy-local agency afl:o- signing by DLAE
DBE Race-neutral Implementation Agreement for Local Agencies (05/01106)
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Mav 1. 2006
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City of Chula Vista
Exhibit 9-B Local Agency DBE Annual Submittal Form
TO: CALTRANS DISTRICT 11
District Local Assistance Engineer
The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented
herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of California,
Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan.
The City/CountyfRegion of Chnla Vista
submits our AADPL information. We have established an AADPL of 8.73
~/~ beginning on Mav 1. 2006 , and ending on
.
% for the Federal Fiscal Year
SeDtember 30. 2006
Methodology
The methodology and Overall Goal for the Federal Fiscal Year on FHW A-assisted contracts is found in
Attachments 2.
Disadvantaged Business Enterorise Liaison Officer IDBELO)
Luis A. Labradao-P.E., Associate Civil Engineer; phone: 619-397-6120; fax: (619) 397-6250;
1800 Maxwell Road, Chula Vista, CA 91911, Email: llabrad~ci.chula-vista.ca.us
Prompt Pav
See attachment 4 for method use in federal-aid contracts.
"SV-L 2-7,2.00 ,
Date
b l~ -,'11 - r, 01)13
Phone Number
7/11/0'
I Date
May 15, ~006
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CllY OF
CHULA VISTA
ATTACHMENT 1
CITY OF CHULA VISTA
ORGANIZATIONAL CHART
(FY 05/06)
Jack Griffin, Director of General Services
Matt Little, Deputy Director
Roberto Yano, Senior Civil Engineer
---.
---+
Luis A. Labrada, DBE Liaison Officer, Associate Civil Engineer
Greg Tscherch, EEO Officer
Associate Civil Engineer
Poten San Pedro, Labor Compliance Officer
Engineering Technician
(N:\EngineerIDESIGNIDBE-DI05-06 ProglDBE RN-06\ATT~&1T I.doc)
---.
---.
ATTACHMENT 2
DISADVANTAGED BUSINESS PROGRAM (DBE)
FOR U.S. DOT FUNDED PROJECTS
FOR THE CITY OF CHULA VISTA
GOALS AND METHODOLOGY
FY: 05/06
1. The number of available and willing DBE's in the San Diego area was obtained by using
CALTRANS' California Uniform Certification Program (UCP) database and the total number
of available and willing firms l.ocated in the San Diego County area that was obtained from the
2002 Census Bureau's County Business Pattern Database.
2. Overall Goal
For the period of October 1, 2005 to September 30, 2006, the City of Chula Vista expects to
begin construction on a Hazard Elimination Project at Fourth Avenue & "K" Street. The scope
of work for this project includes the upgrade of traffic signal system by installing new traffic
signal standards, mast arms, pedestrian buttons with countdown indicators, left-turn signals, a
video defection system, and battery backup power source. In addition, reconstruct the
appurtenant sidewalks and pedestrian ramps to comply with current ADA requirements.
The federal project number is STPLH 5203 (021). Based on the availability ofDBE's for each
type of work (Shown on Attachment 3) for this project, a percentage ofDBE participation was
calculated for this project. The DBE Participation Rate for this project is 8.73%. See the Table
below.
Project Project Name Projected DBE Project
No. Amount Award Goals
Fourth Avenue & "K"
TF-341 Street Traffic Signal $265,000 $23,142 8.73%
Installation
Totals $265,000 $23,142 8.73%
3. The entire goal of (8.73%) is to be accomplished through race-neutral measures, which
includes the established Annual Anticipated DBE Participation Level, for the City of Chula
Vista.
(N:\EnginecrIDES!GNlDBE.D\05-o6 ProgIDBE RN--06\Chula vista Aol'E'f"",..doc)
Page 1 oA- I
Hi hway Street & Brid e Construction
Other Heavy & Civil-En ineering Canst
Electrical Contractors
Site Pre aration Contractors
Draftin Services
Surveyin and Mappin
T estin Lab
Consultin Service
237310
237990
238210
238910
541340
541370
5413801
5415901
I
2341
23499
23531
23599
54134
54137
54138
541591
1
5-18
EXHlBIT 9-B
Local Agency DBE Annua! Submittal Furm
Local Assistance Procedures Manual
(Attachment) If
Prompt Payment of Withheld Funds to Subcontractors
Federal regUlation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to
ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor.
Please check the box of the method chosen by the local agency to ensure prompt andfull payment of any
retainage.
o No retainage will be held by the agency from progress payments due to the prime contractor. Prime
contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or
postponement of payment may take place only for good cause and with the agency's pnor written approval.
Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties,
sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code.
This requirement shall not be ,onstrued to limit or impair any contractual, administrative, or judicial
remedies, otherwise available to the.~ontractor or subcontractor in the event of a dispute involving late
payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a
subcontractqr. This clause applies to both DBE and non-DBE subcontractors
o No retainage will be held by the agency from progress payments due the prime contractor. Any retainage
kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30-
days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may
take place only for good cause and with the'agency's prior written approval. Any violation of these
provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies
specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be
construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the
contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause
applies to both DBE and non-DBE subcontractors.
o The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental
acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime
contractor based on these acceptances. The prime contractor or subcontractor shall return all monies
withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily
completed and accepted including incremental acceptances of portions of the contract work by the agency.
Any delay or postponement of payment may take place only for good cause and with the agency's prior
written approvaL Any violation of these provisions shall subject the violating prime contractor to the
penalties, sanctions, and other remedies specified in Section 7 I 08.5 of the California Business Professions
Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial
remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late
payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a
subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Page 9-36
May 1,2006
5-19
LPP 06-<l1
/i1f AC.JI.M E1tJ T s:-
Exhibit l2-C Rc"\!
RACE-NEUTRAL PS&E CERTIFICATION
Local Agency Letterhead
To: (District Local Assistance Engineer's name)
District Local Assistance Engineer
Caltrans, Office of Local Assistance
(Di$trict Address)
(Federal Number)
(Project Description)
Dear (District Local Assistance Engineer's /lame):
With submission of the attached PS&E RACE-NEUTRAL DBE Contract Provisions, and an Addendum if
applicable, for the above subject project, I hereby certify that the contract documents, at the time of award,
contained the Race-neutral DBE contract provisions provided by the Division of Local Assistance,
California Department of Transportation (Caltrans).
I understand Caltrans may not be performing a review of the contract provisions at this time but thai all
documents relating- to this project are subject to review by the Federal Highway Administration (FHW A)
andlor ealtrans in order to verify the inclusion of the Race-neutral DBE contract provisions. I also
understand if deficiencies are found in the subsequent review, the following actions will be considered:
(1) Where.minor deficiencies are foulld, PS&E certification for future projects may be conditioned or not
accepted until the deficiencies ar~ corrected.
(2) Where deficiencies are of such magnitude as to create doubt that the policies and objectives ofTitIe 23
of the United States Code (or other applicable federal and State laws) will not be accomplished by the
project, federal funding may be withdrawn.
>/~c-:;
~
~ P,~<.J-".. ..t:c.-.I.r.-_
(Signature, Title) .
. C./~ at Cc.....A.-.. UilJ-t....
(Local Agency)
Professional Registration Number:
C 6056cr
Expiration Date:
12/0 "
Attachment
Race-Neutral PS&E Certification (5-1.Q6]
5-20
l'r_.I_.._..1 __11__. 1\"......, .,nn.r::
EXIIIIlIT 1: '
niddcr's List Of Subconfractors (DUE and Non-DUE)
LUCill .tlt.:I:lI:>>UI"~'" ... . "............. ~y ..
BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON-DBE)- PART 11
The bidder shaUlist all subcontractors (both DBE and non-OBE) who provided a quole or bid but were not selected to oarticiuatc as R suhcontractor on this project. This is
required for compliance with Title 49, Section 26 nfthe Code of Federal Regulations. Photocopy Ihis form for additional firms.
Firm Name! Phonel Certified by Annual
Addressl . Fax Caltrans as Gross i Description of Portion of Work to be Performed
City. State, ZIP a DBE? Recei II ts
Name Pilollt: DYES 0< $1 million
DNO 0< $5 million
Address !IrES /I" DOE /I, O<SIOmillion
Fax D <Sl5million
Clly Stale ZIP Age of Finn (Yrs;) U>Sl5million
Name PllolI/: DYES .I=~:
fiNO 0 < $5 million
AlMan !IrES /ist DOE /I, D<$IOmillion
Fax -[)<SISlIlilliun
'tt'IY Slale ZIP Age afFirm (Yrs.) 0> $15 million
N I
~
Nallle Pllone DYES O<,SI million
nNO ,0 < $5 million .
Addreu !IrES list DOE /I: ,lD<SIOmillion
Fax U<$15million
City Slale ZIP Age of Fim!. (Yrs.) 0> $15 million
os~
PJlOtla DYES
N'll/ItJ < I mil Ion
DNO . U <$5 million
tl,JJ,.,lSS IjYES list DnE II: 0<$10 million
Fax U<Sl5million
CUy Slale ZIP Age of Firm (Yr.s.) 0> $15 million
<
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lI'\
Dhilrlblllion: Local Agency File (Original)
rage 12-112
Octoher 7, 2005
Lrr 05-01
DBE Program FY 06/07
5-22
STATE OF CALIFORNIA-llUSINESS. TRANSPORTATION AND HOUSING AGENCY
ARNOLD SCHWARZENEGGER. Governor
DEPARTMENT OF TRANSPORTATION
District 11, MS132
4050 Taylor Street
San Diego, CA 92110
PHONE (619) 278-3756
FAX (619) 220-5432
.
Flex your power!
Be energy efficient!
November 24, 2006
John Griffin
Director of General Services
1800 Maxwell Road
Chula Vista, CA 91911
Dear Mr. Griffm:
Our office has received your final adopted Annual Anticipated DBE Participation Level (AADPL) Exhibit 9-B
with attached methodology for FY 2006/2007. Reviews have been completed and the contents and elements
of the annual overall goal information, meets the requirements of Title 49 CFR Part 26. Your final DBE
annual overall goal information is hereby approved for the City of Chula Vista.
Your agency's submittal calculates the Annual Anticipated DBE Participation Level (AADPL) of7.60% using
race neutral measures for FHW A DOt assisted contracts. Your payment option choice is number 3, covering
the period Octob.er 1, 2006 through September 30, 2007.
You are reminded that the appropriate 49 CFR part 26 DBE Caltrans boilerplate specifications must be
included in the federal contract documents. Please notify all Project Managers and Resident Engineers to
comply with the Local Assistance procedure relating to Consultant Selection Process Exhibit (lO-L and 10-J),
as well as the Plans, Specifications, and Estimate (PS&E) Checklist requirements (see Exhibit 12-D).
Local Agencies are still required to submit Exhibit 15-G to the Local Program coordinator with the project
award documents. Exhibits 17-F and 17-0 should be submitted with the final reports of expenditure within
180 days ofproject completion.
If Consultant Contracts are used on a project seeing Federal reimbursement, Exhibit 10-0 needs to be
submitted to the District Local Assistance Engineer upon award of the consultant contract (Note; this is a new
requirement).
Further information regarding the DBE program-including the Local Procedure Policy can be found at the
Local Programs website. www.dot.ca.govlhq/LocalPrograms.
If you have any questions, please contact Carol D. Jeffries, DBE Coordinator of my staff at (619) 220-5406.
I would like to thank you and your staff for your diligence and effort in getting this program to the approval
stage.
Sincerely,
~
Erwin Gojuangco
District Local Assistance Engineer
C: Carol Jeffries, DBE Coordinator
C: Luis Labrada, DBELO-Chula Vista
5-23
Local Assistance Procedures Manual
EXHIBIT 9-B
DBE Annual Submittal Form
Exhibit 9-B Local Agency DBE Annual Submittal Form
TO: CAlTRANS DISTRICT _11_
District Local AssistanceEngineer
The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented
herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of California,
Department of Transportation Disadvantaged Business Enterprise (DBE) Progr~ Plan.
The City/County/Region of Chula Vista
submits our AADPL information. We have established an AADPL of_7 .60 ~ % for the Federal Fiscal
Year 06 /_07--,:; beginning on_October I, 2006 - . and ending on_September
30, 2007 ' .
Methodology
The methodology and Overall Goal for the federal fiscal year on FHW A-assisted contracts is found in
Attachment 2.
Disadvantaged Business Enterprise Liaison Officer (DBELO)
Luis A. Labrada, P.E., Associate Civil Engineer, phone: 619-397-6120; fax: (619) 397-6250; 1800 Maxwell
Road, Chula Vista, CA 91911, Email: llabrada@ci.chula-vista.ca.us
. .
Promot Pav
See Attachment 4 for method use in federal-aid contracts.
Submitted by:
al Agency Recipient's Chief
er)
'":Sv\" '" G;, <<;......
(Print Name of Local Agency Recipient's Chief
Executive Officer) .
Reviewed by Caltrans:
11/1'-/" "
Date
to", :>, "11 bo-ee
Phone Number
ct Local Assistance Engineer [DLAE])
1/ / U/Oh
f Date
Distnbution: (1) Origin.I-DLA.E DBE Annu.1 Submittal Form (05/01/06)
(2) Copy~locat agency after signi!1g by DLAf
5-24
Page 9-35
1\,K",,, 1 .,nn~
Tun n.:: (\1
~u~.
-'.'
~.
~-=-=~~
CllY OF.
(HULA VISTA
ATTACHMENT 1
CITY OF CHULAVISTA
ORGANIZATIONAL CHART
(FY 06/07)
Jack Griffin, Director of General Services
Matt Little, Deputy Director
Roberto Yano, Senior Civil Engineer
--..
~
Luis A. Labrada, DBE Liaison Officer, Associate Civil Engineer
(
Greg Tscherch, EEO Officer
Associate Civil Engineer
Poten San Pedro, Labor Compliance Officer
Engineering Technician
5-25
--..
--..
ATTACHMENT 2
DISADVANTAGED BUSINESS PROGRAM (DBE)
FOR U.S. DOT FUNDED'PROJECTS
FOR THE CITY OF CHULA VISTA
AADPL
FY: 06/07
1. The number of available and willing DBE's in the San Diego area was obtained by using
CALTRANS' California Uniform Certification Program (UCP) database and the total number
of available and willing firms located in the San Diego County area that was obtained from the
2004 Census Bureau's County Business Pattern Database.
2. Overall Goal
For the period of October I, 2006 to September 30, 2007, the City of Chula Vista expects to
begin construction ono the Palomar Gateway Transit project along Palomar Street and portions
of Industrial Bouievardo The scope of work for this project includes the beautification of the
Palomar Street Corridor adjacent to the interstate freeway 5 and portions of Industrial
Boulevard. The scope of work, but not limited to installation of raised median, street widening,
sidewalk replacement, landscaping, traffic signal modification, and streetlights relocation. In
addition, reconstruct the appurtenant sidewalks and pedestrian ramps to comply with current
ADA requirements. In addition, The City of Chula Vista expects to begin construction on the
Harborside Improvement Project along Colorado Avenue and Naples Street, east of Industrial
Boulevard. The scope of work of work for this project includes installing pedestrian facilities
and upgrading pedestrian facilities at the trolley track crossing, enhance school crosswalk,
construct sidewalk gap closure and curb extensions.
The federal project number for the Palomar Gateway Project is STL-280 and for the Harborside
Improvement Project is TF-347. Based on the availability of DBE's for each type of work
(Shown on Attachment 3) for this project, a percentage ofDBE participation was calculated for
this project. The DBE Participation Rate for this project is 7.60%. See the Table below.
Project Project Name Projected DBE Project
No. Amount Award Goals
STL-280 Palomar Gateway Transit $2,000,000 $152,000 7.60%
Project
TF-347 Harborside Improvement $338,800 $25,749 7.60%
Project
Totals $2,338,800 $177,749 7.60%
. 5-26
(N:lEngineer\DESIGN\DBE-DI06-07 Prog'Chula vista A m.do<:)
Page" 1 of 2
3. The entire goal of 7.60% is to be accomplished through race-neutral measures, which includes
the established Annual Anticipated DBE Participation Level, for the City of Chula Vista.
. AADPL: Annual Anticipation DBE Participation Level
(N:\EnginmIDESIGNlDBE-Dl06-07 Prog'Chula vista ATI2.d~c) 27
Page 2 of2
Cescrlcnlon
Hll'lwa SD'lIlt II Brid I Cllnstl'\lctlon
DUll' H.. II Civil En inl' " Canst
E1'ctriclICllntnc:tarlJ
Sitlt Pr. a,atianCllntl'1ctcrS
Orahin SltvielS
S "" anclM. in
Enlnllri" SlrviclI
Tun Lab
EnIli'a"~I'Tt1ICcll'l!uIti" Slrvicas
Landsc'ISlrvi~
CaNlultl" S.tviCII
Natas:
l"llomlr GIU'''''I T"ran!it Pra'lct an Pal(lml' S~t and (Irtionlll' Industrial Boullvllrd
Olula VIsta Altachmel'lt rr.ri_ :roOen.007
MOPL: Annual Andcltlatlld CBe ~rtlcl IltlO" Levell
5-28
A7TA(f-/l-l€7:'T i/
EXHIBIT 9-B .
Local Agency DBE Annua] Submittal Form
Local Assistance Procedures Manual
(Attachment)
Prompt Payment of Withheld Funds to' Subcontractors
Federal regulation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to
ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor.
Please check the box of the method chosen by the local agency to ensure prompt andjUll payment of any
retainage.
o No retainage will be held by the agency from progress payments due to the prime contractor. Prime
contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or
postponement of payment may take place only for good cause and with the agency's prior written approval.
Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties,
sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code.
This requirement shall not be qonstrued to limit or impair any contractual, administrative, or judicial
remedies, otherwise available to the.~ontractor or subcontractor in the event of a dispute involving late
payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a
subcontractor3his clause applies to both DBE and non-DBE subcontractors
o No retainage will be held by the agency from progress payments due the prime contractor. Any retainage
kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30-
days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may
take place only for good cause and with the agency's prior written approval. Any violation of these
provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies
specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be
construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the
contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause
applies to both DBE and non-DBE subcontractors. "
o The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental
acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime
contractor based on these acceptances. The prime contractor or subcontractor shall return all monies
withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily
completed and accepted including incremental acceptances of portions of the contract work by the agency.
Any delay or postponement of payment may take place only for good cause and with the agency's prior
written approval. Any violation of these provisions shall subject the violating prime contractor to the
penalties, sanctions, and other remedies specified in Section 71'08.5 of the California Business Professions
Code. This requiTement shall not be construed to limit or impair any contractual, administrative, or judicial
remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late
payment or nonpayment by the contractor; deficient subcontractor perforniance and/or noncompliance by a
subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Page 9-36
'i-,?Q
4-rJAU/"1f'tJj S-
Exhibit 12-C Rt'<
RACE-NEUTRAL PS&E CERTIFICATION
Local Agency Letterhead
To:
(District Local Assistance Engineer':; name)
District Local Assistance Engineer
Caltrans, Office of Local Assistance
(Di:;trict Address)
"(Federal Number)
(Project Description )
".
Dear (District Local Assistance Engineer's name):
With submission of the attached PS&E RACE-NEUTRAL DBE Contract Provisions, and an Addendum if
applicable, for the above subject project, I hereby certify that the contract documents, at the time of award,
contained the Race-neutral DBE contract provisions provided by the Division of Local Assistance, "
California Departmen! of Transportation (Caltrans).
I understand C~lirans may .~ot be performing a review of the contract pro';;sions at this time but that" all
documents relating to this project are subject to review by the Federal Highway Administration (FHWA) "
and/or Caltrans in order to verify the inclusion of the Race-neutral DBE contract provisions. I also
understand if deficiencies are found in the subsequent review, the following actions will be considered:
(I) Where minor deficiencies are fou,!d, PS&E certification for future projects may be conditioned or not
accepted until the deficiencies ar~ corrected.
(2) Where deficiencies are of such magnitude as to create doubt that the policies and objectives of Title 23
of the United States Code (or other applicable federal and State laws) will not be accomplished by the
project, federal funding may be \vithdrawn.
(Signature, Title)
(Local Agency)
Professional Registration Number:
Expiration Date:
Attachment
Race.Neulr.l1 PS&E Certitication (5-1.()6)
5-30
EXHlDIT 12-G
Bidder's List of Subeontra~tors (DBE IIl1d Non'DBE)
Locnl Assistlmce l)l"occtlurcs IVl111lUl11
BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON-DB E)- PART II
The bidder .hallli.t all subcontractors (both ODE and non-DBE) who provided a quote or bid bnt were not .elected to participate as n .ubeontrnclor on this projeet.
required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy tbl. form for additional firm..
Thi. is
Firm Nnme/ Phone/ Certified by Annunl
Address/. Fax Cnltrnns .s Gross ; Description of Portion of Work to be Performed
City, Stnte, ZIP . OnE? Rcceipts
Name PlIO/Ie. DYES 0<$1 million
DNO o <: $5 million
AJdrcu 1/ YES list D/JE II: 0< SID million
Fax 0<$15 mil!ion ,
ell)' Sla/~ ZIP Ag~ of Finn (Yu.) 0:> SI5 million
NOllie PIIO'I~ DYES o <SI million
DNO' o <: $5 million
ArMreu If YES /is' DDE II: o <: S 10 mi,lIion
en Fax 0<: S15million .
C/rj StaIr: ZIP Age of Finn (YIS.) 0:> $15 million .
c..>
~ .
Nat!.#: PlUJ/fe DYES o <SI million
DNO ,q<Umillion
Ad,lress IjYES lid DBE N: 'G<SlOmillion
Fnx I 0 <SI5 million
CIIY Slale lIP Age of Finn (Yrs.) D>Sl5m'iIIion
Name PlIO/III DYES o <SI million
I FiNO 0<$5 million
AJ,/n:ss /fYES IIs1 DBE II: 0< $10 million . .
FlU: ~O < 115 million ,
City Sin's ZIP ^cc of Finn (Yn.) 0> $15 million
. .
Distribution: Local Agency File (OriCinal)
~
,
~
~.
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~
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IT'
Page 12-112
October 7, 2005
LPP 05-01
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE
DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM FOR THE PERIOD OF OCTOBER I, 2005,
THROUGH SEPTEMBER 30, 2006, FOR PROJECTS OF
THE CITY OF CHULA VISTA THAT UTILIZE
FEDERAL HIGHWAY ADMINISTRATION FUNDS
WHEREAS, the Disadvantaged Business Enterprise (DBE) 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 (FHW A); and,
WHEREAS, every year, effective March 4, 1999, all local agencies receiving
Federally-assisted funds from the FHW A are required to submit a DBE Program per Title
49 Code of Federal Regulations, Part 26 (49 CFR 26); and
WHEREAS, Caltrans has been entrusted with local agency oversight
responsibility for DBE implementation and shall administer the Federal-aid highway
funds from FHW A Programs; and
WHEREAS, City staff has worked closely with Caltrans III preparing this
program; and
WHEREAS, it is the policy of the City of Chula Vista to ensure that DBEs have
an equal opportunity to receive and participate on DOT-funded projects; and
WHEREAS, the goals for the program have been revised and some modifications
were made to the DBE Program itself for the federal fiscal year of 200512006.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby accept the Disadvantaged Business Enterprise Program for the
period of October 1, 2005, through September 30, 2006, for the City of Chula Vista
projects utilizing Federal Highway Administration funding in the form set forth in
Exhibit "A."
BE IT FURTHER RESOLVED that staff is hereby authorized to implement the
DBE Program for federal fiscal year 2005/2006.
Presented by
Approved as to form by
~~~\~~
Ann Moore
City Attorney
Jack Griffin
Director of General Services
J:\Attomey\RESO\FINANCE\Accept DBE Program for '05-'06_04-17-07.doc
5-32
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE
DISADVANTAGED BUSINESS ENTERPRISE
PROGRAM FOR THE PERIOD OF OCTOBER 1,2006,
THROUGH SEPTEMBER 30,2007, FOR PROJECTS OF
THE CITY OF CHULA VISTA THAT UTILIZE
FEDERAL HIGHWAY ADMINISTRATION FUNDS
WHEREAS, the Disadvantaged Business Enterprise (DBE) 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 (FHW A); and,
WHEREAS, every year, effective March 4, 1999, all local agencies receiving
Federally-assisted funds from the FHW A are required to submit a DBE Program per Title
49 Code of Federal Regulations, Part 26 (49 CFR 26); and
WHEREAS, Caltrans has been entrusted with local agency oversight
responsibility for DBE implementation and shall administer the Federal-aid highway
funds from FHW A Programs; and
WHEREAS, City staff has worked closely with Caltrans m prepanng this
program; and
WHEREAS, it is the policy of the City of Chula Vista to ensure that DBEs have
an equal opportunity to receive and participate on DOT-funded projects; and
WHEREAS, the goals for the program have been revised and some modifications
were made to the DBE Program itself for the federal fiscal year of 2006/2007.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby accept the Disadvantaged Business Enterprise Program for the
period of October I, 2006, through September 30, 2007, for the City of Chula Vista
projects utilizing Federal Highway Administration funding in the form set forth in
Exhibit "A."
BE IT FURTHER RESOLVED that staff is hereby authorized to implement the
DBE Program for federal fiscal year 2006/2007.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
Ann Moore
City Attorney
J:\Attomey\RESO\FlNANCE\Accept DBE Program for '06.'07_04-17-07
5-33