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HomeMy WebLinkAboutReso 2007-084 RESOLUTION NO. 2007-084 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE D1SADV ANT AGED 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 FHWA Programs; and WHEREAS, City staff has worked closely with Caltrans in 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 itselffor the federal fiscal year of2006/2007. 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 <~<;,~ \'t~~~ Ann Moore City Attorney Resolution No. 2007-084 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of April 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None C be @at- Cheryl Cox, M or ATTEST: __...--::::-<1 J. , (1. ~~~ n. .J Susan Bigelow, MMC, City erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-084 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of April 2007. Executed this 17th day of April 2007. .--~ ~Ll A, '1 * ~ ,Q) Susan Bigelow, MMC, City Cler J Resolution No. 2007-084 Page 3 DBE Program FY 06/07 STATE OF CALIFORNIA-BUSINESS, TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER. Governor Resolution No, 2007-084 p<lgiJi'ARTMENT OF TRANSPORTATION District 11, MS 132 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 CPR 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 Octoger I, 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 web site, www,dotca,govlholLocalProl!rams, 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 Resollltjon NO. ?007-0R4 -LocaT ASsistancfP'roc:e~ures Manual Page 5 EXHIBIT 9-B DBE Annual Submittal Form Exhibit 9-B Local Agency DBE Annual Submittal Form TO: CALTRANSDISTRlCT _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/County/R.egion 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 FEW A-assisted contracts is found in Attachment 2. -- Disadvan~-"ged 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 Prompt Pay See Attachment 4 for method use in federal-aid contracts. Submitted by: lI/ll./,,!' Date -:sv'^~ Gr" ~\'"" (Print Name of Local Agency Recipient's Chief Executive Officer) Reviewed by Caltrans: t"" :2,'1") bo-ee Phone Number ct Local Assistance Engineer [DLAE]) 1/ / Z3/0~ f Date Distnbunon: (I) Original-DLAE DEE Annual Submittal Form (05/01/06) (2) Copy-local agency after signi!1g by DLAE LPP 06-01 Page 9-35 May 1, 2006 Resolution No. 2007~084 Page 6 ~ ~ ft.. ~.. ~5~~ CllY OF CHULA 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 Technic;ian (N:\Enlrinecr\DESIGN\DBE.D\D6..o7 Prog\A. TTACHMENT 1.doc) ~ ~ Resolution No. 2007-084 Page 7 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 totaJ 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 Oc!ober J, 2006 to September 30, 2007, the City of Chula Vista expects to begin construction on'the Palomar Gateway Transit project along Palomar Street and portions of Industrial Bouievard. 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 ofraised 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 ST1-280 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% Proiect TF-347 Harborside Improvement $338,800 $25,749 7.60% Proiect Totals $2,338,800 $177,749 7.60% (N:\Engineer\DES1GN\DBE-D\06-07 Prog'Chula vista ATr2.doc) Page"} of2 Resolution No. 2007-084 Page 8 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 '. WlEngineerIDESIGNlDBE-DI06-Q7 Prog'Chula vista ATT2.doc) Page 2 of2 . Resolution No. 2007-084 Page 9 Dtu:riptiDn HI nWI Str..l" arid . CaI'lSU\.lC'tiDn OtMr H,. . Civil inur' Carll't ElllctrlclJConlfaC!lIra Sit. Pr. .rltiol'l CanDW:ta11l Or, Service. Surv.. Ind M, E 1"..1i S.Ni~ Tun Lib EtwitOI'lmlTTUI Consultln Servic:u unuc:..s.rvtce Consulti Service cu", -- 237310 237990 238210 238910 54'3040 &41370 ~4'330 5413801 541UO 561730 541690 I N01IIS: Pillomar G'l'WI Tra~ PrO"let on Pllomlr St/WIllt and Df"tiDI'IS 101 IndustTl,1 Boulllvlrr;l Chutll VIStiI Atlac:hmenl revi_ 2005f2007 AAO~L'" Annual Anti led DBE Partie! tlon Levell /i7T~(H'-1E'1jT (( EXRlillTUtiBn No. 2007-084 Loqa~~epn:y DBE Annual 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 andfull payment of any re tainage. D 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. hly violation of these provisions shall subject the violating cQntractor 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 avail~ble to th~.~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 subcontractor"This clause applies to both DBE and non-DBE subcontractors D 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. " IZJ 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 requrrement 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 paytnent 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 1\,,-..... '1 ..,nne Resolution No. 2007-084 Page 11 4r:-AU/J1.Mj S- . Exhibit l2-C RN RACE-NEUTRAL PS&E CERTIFICATION Local Agency Letterhead To: (Distrid LocalAssistance Engineer.'s name) District Local Assistance Engineer Caltrans, Office of Local Assistance (District Address) (Federal Nzimber) (ProjedDescription) Dear (Distrid 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, r 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 Departrnen~ of Transportation (Caltrans). . .. r understand Caitrans may not be performing a review of the contract pro"visions 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. J also understand if deficiencies are found in the subsequent review, the fonowing actions will be considered: (1) Where minor deficiencies are four: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 ofTitJe 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. (Signatllre, Title) (Local Agency) Professional Registration Number: Expiration Date: Attachment Ra,,-Neutnl PS&E CcrtifiOlltion (5-1-lJ6) EXHIBIT 12-G Bidder's List of Subcontractors (DUE ltnd Non.:.nDE) LOCRI AssistltllCC IJrocctlurcs MnnUlII BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON-DBE)- PART II The bidder shaUlist all subcontractors (both DBE and non-DB E) who provided a quote or bid btlt were tlot selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 ofthe Code of Federal Regulations. Photocopy this form for additional firms. Firm Nnmel Phonel Certified by Annual Addressl'. Fnx Cnltrnns ns Gross " Description ofPorlion of Work 10 be Performed City. State, ZIP a DBE? Receipts Name Phone. DYES 0< $1 million DNa O<Umillion Address /fYES Us, onE 11: U <SID million Fux U<SI5mil!ion City Slate ZIP AGe of firm (Yrs.) U>$15 million Name Phune DYES 0<11 million I fiNO. I 0 <$5 million . A rlJress I/YES list DOE II: i 0 <$10 lIIi.llion Fux I 0<$15 million . C/rySfaleZfP Age or Finn (Yrs.) U>$15million . . . Name Phone DYES 0< $1 million DNa 0< $5 million Address I/YES lis' OBE II: -'[3 < SID million Fox 0<$15 million Cfly Sidle ZIP Age or Finn (Yrs.) 0> SIS million Hamil PllOfle DYES o <~I million . nNO o <SS million AJd,.ell I/YES/ls, DOE 11: U<SIOmillion . , . FlU: U<SISmillion , City SltI,e ZTP ^ge: or Finn (Yrs.) D>SISmillion Distribution: Local Agency Pile: (Original) PRge 11-112 October 7, 20r LPP 05-01 "t:I~ ~ ~ (1) 0 t3s. o' ::; Z ? N o o -..J , o 00 ~ :),. '5 ~, ~. 'l: :", ~. _7/ IJ'