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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 1lUlII '"C ?;;l ~ (]) '" (]) 0 - 2" 'D ~ o. =' Z !" IV 0 0 -..-J , 0 00 W ."11 ~ f\ :J:c ~ i: -) l\',