HomeMy WebLinkAbout2008/03/11 Item 4
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
3/11/08, Item ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE DISADV ANT AGED BUSINESS
ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1,
2007 THROUGH SEPTEMBER 30, 2008 FOR PROJECTS OF THE
CITY OF CHULA VISTA THAT UTILIZE FEDERAL HIGHWAY
ADMINISTRATION FUNDS
DIRECTOR OF ENGINEERING AND GENERAL SERVICE~
CITY MANAGER ~
ASSIST ANT CITY M R"?I
4/STHS VOTE: YES 0 NO ~
SUMMARY
All local agencies receiving federally assisted funds from the Federal Highway Administration are
required to submit a Disadvantaged Business Enterprise (DBE) Program. The 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.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
l506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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DISCUSSION
General
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 ofChula 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 Ca1trans
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.
Citv 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
defined as a percentage of DBE participation on all Federal aid highway funds expended on
FHW A assisted contracts in the upcoming fiscal year. The City of Chula Vista's AADPL for
fiscal year 2007/2008 was calculated to be 7.75%.
The AADPL is a two-step process as described in 49 CFR, Part 26, Section 26.45. Step I is to
determine a base figure percentage. The base figure was determined by researching the
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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.
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 2007/2008 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.
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
I 8704.2(a)(1) is not applicable to this decision.
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 07/08
Prepared by: Luis A. Labrada, Associate Civil Engineer, Engineering and General Services
M:IGeneral ServiceslGS AdministrationlCouncil AgendaIDBEI2008IDBE AI13.doc
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Local Assistance Procednres Manual
EXHIBIT A
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Exhibit 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for
Local Agencies
DISADV ANT AGED BUSINESS ENTERPRISE
RACE-NEUTRAL
IMPLEMENT A nON AGREEMENT
FOR
LOCAL AGENCIES
CITY OF CHULA VISTA
2007-2008
(October I-September 30)
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Page 9-27
May 1, 2006
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Local Assistance Procedures Manual
DISADV ANT AGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENT A TION
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 ~ 26.5.
II OBJECTlVEIPOLICY STATEMENT (~26/1. 26/23)
The RECIPIENT intends to receive federal financial 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 (DBE)
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. Department of Transportation (DOT), 49 CFR, Part 26 requirements.
It is the policy of the RECIPIENT to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive
and participate in DOT -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
objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
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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 I 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:
I. 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 providing services to help DBEs and other small businesses obtain bonding and
financing).
3. Providing technical assistance and other services to DBE and small businesses.
4. Providing 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 oflists 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 financial 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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Page 9-29
May 1, 2006
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 of the
OBELO's program. The name, address, telephone number, electronic mail address, and an organization chart
displaying the OBELO's position in the organization are found in Attachment _1_ to this Agreement. This
information will be updated annually and included on the OBE Annual Submittal Form.
The OBELO is responsible for developing, implementing, and monitoring the RECIPIENT's requirements of the
OBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the
following:
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 determine projected Annual Anticipated DBE Participation Level.
4. Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner.
5. Analyzes DBE participation and identifies ways to encourage participation through race-neutral means.
6. Participates in pre-bid meetings.
7. Advises the CEO/governing body on DBE matters and DBE race-neutral issues.
8. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding
and insurance.
9. Plans and participates in DBE training seminars.
10. Provides outreach to DBEs and community organizations to fully advise them of contracting opportunities.
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July 30, 2007
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Local Assistance Procednres Mannal
EXIllBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
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 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
nondiscrimination 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 ofthis 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. 100 I 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 S26.l3(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 CIauses (~~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 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.
[Note - This language is to be used verbatim, as is stated in S26.13(b). See Caltrans Sample Boiler Plate Contract
Documents on the Internet at www.dot.ca.govlhq/LocaIPrograms under "Publications."]
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May 1, 2006
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Local Assistance Procedures Manual
B. PROMPT PAYMENT
Prompt Proe:ress 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 the provision 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 subject 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 (I), (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 retainage
[withheld funds] to subcontractors in compliance with 49 CFR 26.29.
I. 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 DBE 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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July 30, 2007
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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 3D-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 ofthese provisions shall subject the violating prime
contractor to the penalties, sanctions, and otherremedies specified in Section 7108.5 ofthe 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, award and administer DOT -assisted contracts in accordance with the most
current published Local Assistance Procedures Manual (LAPM).
XV Bidders List (~26.11)
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 name, address, DBE/non-
DBE status, age, and annual gross receipts of the firms.
XVI Reportiug to the DLAE
RECIPIENT will promptly submit a copy of the Local Agency Bidder-DBE Information (Exhibit l5-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.
XVII 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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May 1, 2006
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
Local Assistance Procedures Manual
XVIII 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:
[Signature of Local Agency Recipient's Chief
Executive Officer]
Phone Number:
[Print Name of Local Agency Recipient's Chief
Executi ve Officer]
This California Department of Transportation's Disadvantaged Business Enterprise Program Plan Implementation
Agreement is accepted by:
Date:
[Signature ofDLAE]
[Plint Name ofDLAE]
Distribution: (I) Original-DLAE
(2) Copy~]ocal agency afler signing by DLAE
DBE Race-neutral Implementation Agreement for Local Agencies (05/01/06)
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July 30, 2007
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Local Assistance Procedures Manual
EXHIBIT 9-B
DBE Annual Submittal Form
Exhibit 9-B Local Agency DBE Annual Submittal Form
TO: CALTRANSDISTRICT _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/Region of Chula Vista
submits our AADPL information. We have established an AADPL of
Year 07/_08_, beginning on _October I, 2007
30,2008
7.75 % for the Federal Fiscal
, and ending on _September
Methodology
The methodology and Overall Annual Anticipation DBE Participation Level (AADPL) for the federal fiscal
year on FHW A-assisted contracts is found in Attachment 2.
Disadvantaged Business Enterprise Liaison Officer rDBELO)
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
PromDt Pav
See Attachment 4 for method use in federal-aid contracts.
Submitted by:
(Signature of Local Agency Recipient's Chief
Executive Officer)
Date
Phone Number
(Print Name of Local Agency Recipient's Chief
Executive Officer)
Reviewed by Caltrans:
(Signature of Caltrans District Local Assistance Engineer [DLAE])
Date
Distribution: (1) Original-DLAE DBE Annual Submittal Form (05/01l06)
(2) Copy-local agency after signing by DLAE
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May 1, 2006
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EXHIBIT 9-B
Local Agency 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 and full payment of any
retain age.
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.
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 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 71 08.5 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.
~ 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.
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LPP 06-01
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF
OCTOBER I, 2007 THROUGH SEPTEMBER 30, 2008 FOR
PROJECTS OF THE CITY OF CHULA VISTA THAT USE
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 administers the Federal-aid highway funds from FHW A 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 itself for the federal fiscal year of 2007/2008.
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, 2007 through September 30, 2008 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 2007/2008.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
~\ll<;::~ ~~\).~.
Ann Moore
City Attorney
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