Reso 2007-083
RESOLUTION NO. 2007-083
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA 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
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 ofChula 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 2005/2006.
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, 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
1\-U\ ",\\-\\~\,. ~i\~~\,
Ann Moore
City Attorney
Resolution No. 2007-083
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
QY..G
'f
Cheryl Cox, M or
ATTEST:
~Lu(~~
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. 2007-083 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.
-;:- ~dJ ~~d,~
Susan Bigelow, MMC, City Cler
Resolution No. 2007-083
Page 3
DBE Program FY 05/06
STATE Ot: CALIFORNIA ~ TRANSPORTATION AND HOUSING AGENCY
ARNOLD SCHWARZENEGGER, Governl
DE~RJiME~1:TO~,m~tlI$PORT A TION
DIS \h1fO[b'c~A:L :l(~SI~'rANCE
405 tAVio! Street
"'N DIEGO, CA i;j2110
JNE 1619) 278-3756
FAX (619) 220-5432
@_..
. .
. .
. .
Luis A. Labrada, P.E.
DBE Liaison Officer
1800 Maxwell Road
Chula Vista, CA 92071
t"Oi>1
Flex you. 'r1
Be energy e, ,Jt1
Jcrly 11, 2006
Dear Mr. Labrada:
Thank you for submitting the City of Chula Vista's Disadvantaged 8usiness Enterprise (DBE) Race Neutral
Implementation Agreement Exhibit 9-A and DBE Annual Submittal Exhibit 9-B Forms for the remainder of FY
2005/2006. Be advised that you will also need to submit Exhibit 9-B for FY06/07, along with your methodology for
calculating the Annual Anticipated DBE Participation Level (AADPLI, as soon as possible so that it can be incorporated
into the States AADLP for FY06/07.
The California Department of.Transpo,!ation, District 11, has approved your 2005-2006 DElE 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.,9ocuments 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-DI.
..e AADPL participation of 8.73% is accomplished by Race Neutral means. Your prompt payments option 3 .1e
City's prompt payment/retainage 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 180 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 61 9-220-5406.
Sincerely,
.JLy,;t. k~.. - -,
GARY VETTESE
District 11 Local Assistance Engineer
C: Carol D. Jeffries, DOT District 11
.Caltrans improves mobility across California.
, , . , ,
Local Assistance Procedures Manual
Resolution~o. .20R7-0~3 ~ 1
Pa2e 5 l...,nu...J~~ \..) i \-r~
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
CO.PV
Exhibit 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for
Local Agencies
DISADVANTAGED BUSINESS ENTERPRISE
RACE-NEUTRAL
IMPLEMENTATION AGREEMENT
FOR
LOCAL AGENCIES
LPP 06-01
Page 9-27
May 1, 2006
EXHIBIT 9-A
Disad~~l}lh~7il\lt~e Race-Neutral
Impl~aliion Agreement for Local Agencies
Local Assistance Procedures Manual
'JISADV 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 defmed in 49 CFR 9 26.5.
II OBJECTIVEIPOLICY 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 ~~ the DBE Program Plan) as it pertains to local agencies. The DBE
Program Plan is based on U.S. Df:partment o.~Transportation (DOT), 49 CPR, 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 DO~-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.
Page 9-28
May 1, 2006
LPP 06-01
Local Assistance Procedures Manual
Resolution No. 2007-083
Faile 7
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 pro~ng 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. 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 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 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.
LPP 06-01
Page 9-29
May 1, 2006
EXHIBIT 9-A
DiB4IllilJ\.lItii4a ~iIil!ilD'E.,u~rise Race- N eun-a!
Imp_Station Agreement for Local Agencies
Local Assistauce Procedures Manual
VI Quotas (~26.43)
RECIPIENT will not use quotas or set-asides in any way in the administration ef the local agency component of
!he DBE Program Plan.
vn 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 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
DEE 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 contr~cts and purchase requisitions for compliance with this program.
3. Works with all.pepartrnents 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.
S. Analyzes DBE participation and identifies ways to encourage participation through race-neutral means.
J. 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 DEEs and community organizations to fully advise them of contracting opportunities.
Page 9-30
May 1, 2006
LPP 06-01
kg~gltftf~~~8e20B"f-'Wr Manual
Page 9
EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
vm 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 CPR, 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 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 g26.13(a).]
IX DBE Financial Institutions (~26.27)
It is the policy of the RECIPIENT reinvestigate the full extent of services offered by [mancial institutions owned
and controlled by socially and economically disadvantaged individuals in the community to make reasonable
efforts to useThese 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.govlhqfbep.
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 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 g26.13(b). See Caltrans Sample Boiler Plate Contract
Documents on the Internet at www.dot.ca.govlhq/LocalPrograms under "Publications.'l
LPP 06-01
Page 9-31
May 1, 2006
EXHIBIT 9-A
Dis~~liil!Wi~';;:'Qlt1tQMise Race-Neutral
Impllugeniilion Agreement for Local Agencies
Local Assistance Procedures Manual
. PROMPT PAYMENT
Prompt Pro\?:ress Payment to Subcontractors
A prime contractor or subcontractor sh~ll 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
shaIl subj ect the violating contractor or subcontractor to the penalties, sanctions, and other remedies of
that Section. This requirement shaIl 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 foIlowing provisions [local agency equivalent
wiIl need Caltrans approval] in their federal-aid contracts to ensure prompt and full payment of retain age
[withheld funds] to subcontractors .~ compliance with 49 CPR 26.29.
1. No retainage will beheld by the agency from progress payments due to the prime contractor. Prime
contractors ~d 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 eventofa 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 9-32
May 1, 2006
LPP 06-01
ie~~~u1tJj.f~~efo~~5'8'f Manual
Page 11
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 tRe agepcy 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 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 REClPIENT will advertise, award and administer DOT -assisted contracts in accordance with the most
current published Local Assistance Procedures Manual (LAPM).
xv
Bidders List (~26.II)
The REClPlENT 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 Reporting to the DLAE
REClPIENT 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.
REClPIENT 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))
REClPIENT ensures that only DBE firms currently certified by the California Unified Certification Program will
participate as DBEs on DOT-assisted contracts.
LPP 06-01
Page 9-33
Mav 1. 2006
. , '
EXH':OUT !J!
Disa~\ ~.NRr.?sO!!JfJf~ilise Race-Neutral
ImpIFJl8Il.t on Agreement for Local Agencies
Local Assistance Procedures Manual
:vIII Confidentiality
RECIPIENT will safeguard from disclosure to third parties, informatiorf'that may reasonably be regarded as
confidential business information consistent with federal, state, and local laws,
r
Date: "1;v.-L "2." I '2Z>>t.
ncy Recipient's Chief
-St>\"'~ F G r'l~:
[print Name of Local Agency Recipient's Chief
Executive Officer]
Phone Number: bl'{ - .; ~ 7 - (, 0 Be
This California Department of Transportation's Disadvantaged Business Enterprise Program Plan Implementation
Agreement is accepted by:
~ ~~...
[ 19na~ ofDLAEl
Date: '7/a /0 c:
r (
~r~ L. Vdk-L
[Print N me ofDLAE]
'liistribution: (1) Original-DUE
(2) Copy-loc.1 .gency after signing by DLAE
DBE Race-neutral Implementation AgTCcmcnt for Local Agencies (05/01106)
Page 9-34
May 1, 2006
LPP 06-01
Resolution No. 2007-083
Page IJ
City of Cbula 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 (DB E) Program Plan.
The City/CountylRegion of Chula 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
September 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 Enterprise Liaison Officer CDBELO)
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(<i)ci.chula-vista.ca.us
Prompt Pav
See attachment 4 for method use in federal-aid contracts.
ature of Lo a Agency Recipient's Chief
Ex rive Offic
-sJ~" f. Gr'r4,...,
(Print Name of Local Agency Recipient's Chief
Executive Officer)
Reviewed by Caltrans:
~ ~ AlJb .
(Signa e of Caltrans District Local Assistance Engineer [DLAEJ)
-Sv~c 2-7, lPo (
Date
.\~ -,'11.(,.D"O~
Phone Number
7/If/OC
t Date
May 15, 2006
Page 9
Resolution No. 2007-083
Page 14
CllY OF
CHULA VlsrA
ATTACHMENT!
CITY OF CHULA VISTA
ORGANIZATIONAL CHART
(FY 05/06)
j;ck 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:\Eng;necrIDESIGNIDBE-DI05-06 ProglDBE RN-06IATTACHMENT l.doc)
-+-
-+-
-+-
Resolution No. 2007-083
Page 15
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 I.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 I, 2005 to September 30, 2006, the City of Chula Vista expects to
begin construction on a Hazard Elimination Project at Fourth Avenue & UK" Street. The scope
of work for this project incluiies the upgrade of traffic signal syst= by installing new traffic
signal standards, mast anns, pedestrian buttons with countdown indicators, left-turn signals, a
video detection 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 & UK"
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:\Engincer\DESIGN\DBE~D\OS-06 Prog\DBE R...~-o6\Chula vista ATI2revisc.doc)
Page 1 of1
Resolution No. 2007-083-
Page 16
CUCF
Description
Hi hwa Street & 8rid e Construction
Other He! & Civil.En ineerin Const
Electrical Contractors
Site Pre sTation Contractors
Draftin Services
Surve in and Map in
Testin Lab
Consuttin Service
NAlCSCOOES
237310
237990
238210
238910
541340
541370
5413801
541690
1
2341
23499
23531
23599
54134
54137
54138
541691
1
D8E Av~i1.bility
15%
4%
2%
9%
71%
14%
12%
10%
9%
Resolution No. 2007-083
EXIfl~e ~11
Local Agency DBE Annual Submittal Form
Local Assistance Procedures Manual
(Attachment) L./
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 andfllll 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 holdingretainage from subcontractors. Arly delay or
postponement of payment may take place only for good cause and with the agency's prior written approval.
/u,y 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 fonstrued 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
subcontractoJ.:. 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. /u,y 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.
~ 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. /u,y violation of these provisions shall subject the violating prime contractor to the
penalties, sanctions, and otherremedies 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.
Page 9-36
May 1,2006
LPP 06-01
117T flC-tlM EN T s:-
Resolution No. 2007-083
Page 18 Exhibit 12-C R.t~
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 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 Department of Transportation (Ca1trans).
I understand Caltrans may not be performing a review of the contract provisions at this time but that all
documents relating. to this project are subject to review by the Federal Highway Administration (F1fW A)
and/or t::altrans 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 fou~d, PS&E certification for future projects may be conditioned or
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 withdrawn.
>~~ 25;
~
?,...h p,,,~ ..cc..-.l.k.M..
(Signatllre, Title) .
Ct'~ ~t. Cc...,....t-.. U~
(Local Agency)
Professional Registration Number:
c 6056'1
Expiration Date:
12/0 '"
Attachment
Race-Neutral PS&E Certification (5-1~6)
Updated online: May Z, 2006
EXIlIUIT 1
nhh.ler's Lls~ . ~lIbcon(r:Jctors (DOE nntl Non-DDE)
Loclll Assislllllce 1'1"occdUfr
BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON-DBE)- PART II
The bidder shall list all subconlractors (both UBE and non-DBE) who provided a quote or bid but were nol selected 10 lJ3rlicinlllc :IS II subconfrndol" on this project. This is
required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name! . Phone! Certified by Annnal
Address! I?ax Caltrnns as Gross ., Description of Portio II of Work 10 be Performed
,
City. State, ZIP a DBE? Receinls
NOlFlt! Phallr! DYES 0<$1 million
DNO 0-<15 million
Acldren I/YES list DJJE If: D < $10 million
Fax -0 < $15 million -- -----------
CUy Stale ZIP Agll or Finn (Yrs;) 0> $15 million
NlIIne Plwnt! DYES 0<$1 million
DNO I 0<$5 million
A,IrI/'tI.r.r /ffES Ust DOE If: D<SIOmillion
FlU D<SJ5111illiulI
Cll)' Slol~ ZIP Age of Finn (Yrs.) I 0> $15 million
.
NOllie 1"IO/le DYES 0<$1 million
DNO .q < $5 million
AJJreu /fYES 1/" DOE 1/, ';E] <SIO millioll
Fax 0< $15 million .
CUy S(ale ZlP Age of Finn (YIS.) O>Sl5million
Nanlf! PIlolle DYES D < $1 million
DNO o < $5 million
Ar/J,.eu ljYESIi.rtDllEfI: 0< $10 miilioll
Fax 0<.$15 million
City St(de ZIP Age of Finn (Yrs.) -.D>S:15million
. ,.- "
Olslrlbulion: Locol Agency File (Original)
Page 12-112
October 7. 2005
LPP 05-01
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