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Home My WebLink About2006-09-26; City Council; Resolution 2006-2821 2 RESOLUTION NO. 2006-282 o A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR AS SIGNATURE AUTHORITY FOR THE CITY OF CARLSBAD 4 DBE ANNUAL SUBMITTAL FORM EXHIBIT 9-B. 5 WHEREAS, the Federal Department of Transportation, under the Code of Federal 6 Regulations, Title 49; Part 23, requires each local government entity receiving Federal 7 Transportation funds to implement a Disadvantaged Business Enterprise Program 8 ("DBE Program"); and 9 WHEREAS, Caltrans has now been entrusted with local agency oversight responsibility 10 fOr DBE implementation for all federal transportation funded programs, wholly or in part; and 11 WHEREAS, the City is required to prepare and submit the DBE Annual Submittal Form 12 Exhibit 9-B by July 1 of each year identifying the methodology used to determine the annual DBE ^ goal and those projects which will be utilizing federal funds for the design and construction of ' transportation projects; 15 WHEREAS, due to the administrative nature of the DBE Annual Submittal Form Exhibit "1 fi 9-B, it is more efficient to designate authority to the Public Works Director as signatory to the DBE Annual Submittal Form Exhibit 9-B. 18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 19 California, as follows: 20 1. That the above recitations are true and correct. 21 2. That the City Council of the City of Carlsbad, California authorizes signature 22 authority to the Public Works Director for the City of Carlsbad DBE Annual Submittal Form 23 Exhibit 9-B. 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of September , 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: 0»««IIII,,, E M. WOOD, City Cle Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form Exhibit 9-B Local Agency DBE Annual Submittal Form TO: CALTRANS DISTRICT 11 District Local 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 of Carlsbad, submits our AADPL information. We have established an AADPL of 15 % for the Federal Fiscal Year 2006/2007, beginning on October 1, 2006, and ending on September 30, 2007. Methodology The overall participation availability methodology is a two-step process as described in 49 CFR Part 26, Section 26.45. This two-step process is intended to provide evidence of the availability of ready, willing and able DBE's that meet the criteria to participate on DOT assisted contracts based upon each agency's relevant market conditions. Stepl Step 2 A tabular list of all NAICS Codes applicable to typical Street Road, construction was created. Each NAICS code provides the number of available certified DBE and the number of CBP Business listed in a separate column. Calculation of the DBE percentage (base figure) by dividing the total number of available certified DBE's by the total number of CBP business listed in 2003. See attachment Exhibit Projected DBE Participation for FY 2006-2007 The breakout of potential DBE participation on Federal DOT-assisted contracts is based on the following projects: Coastal Rail Trail Phase II Construction Carlsbad Boulevard Bridge over RR Retrofit Carlsbad Boulevard Bridge over RR Concrete Barrier Carlsbad Boulevard Bridge over Encinas Creek Carlsbad Boulevard Bridge at Encina Power Plant Rancho Santa Fe Road Mitigation Construction Bridge Preventative Maintenance Program Average 14.1% 15.8% DBE Participation 15.8% DBE Participation 13.1% DBE Participation 13.1% DBE Participation 13.1% DBE Participation 13.8% DBE Participation 0.2% DBE Participation LPP 06-01 Page 1 of 6 July 1,2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form Disparity Study The City of Carlsbad is not aware of any current disparity studies within the City's jurisdiction for consideration in the goal-setting analysis and/or adjustment. Breakout of Anticipated Annual DBE Participation Level • The City estimates the overall AADPL of 15% will be met through race-neutral participation. Disadvantaged Business Enterprise Liaison Officer (DBELO) The City of Carlsbad has designated the following individual as the Disadvantaged Business Enterprise Liaison Officer (DBELO): Steven C. Jantz, Associate Engineer, City of Carlsbad, Public Works Department, Engineering Division, 1635 Faraday Avenue Carlsbad, California, 92008. Phone Number (760) 602-2738, Fax Number (760) 602-8562, e-mail address, siant@ci.carlsbad.ca.us. The DBELO is responsible for implementing all aspects of the DBE program and ensuring the City of Carlsbad complies with all provisions of 49 CFR Part 26. Prompt Pay Federal regulation (49 CFR 26.29) requires one of 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. Attached is a listing of the three methods. On the attachment, please designate which prompt payment provisions the local agency will use.) Submitte^ by: Glenn Pruim - Public Works Director Date (760) 602-2730 Phone Number Reviewed by Caltrans: (Signature of Caltrans District Local Assistance Engineer [DLAE]) Date Distribution: (1) Original -DLAE DBE Annual Submittal Form (05/01/06) (2) Copy-local agency after signing by DLAE Page 2 of 6 LPP 06-01 July 1,2006 prj Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form (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 retainage. n 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 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. 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. LPP 06-01 Page 3 of 6 July 1, 2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form EXHIBIT A CITY OF CARLSBAD FY 2006-2007 DOT-ASSISTED PROJECTS ESTIMATED DBE PARTICIPATION FOR FUTURE PROJECTS COASTAL RAIL TRAIL CONSTRUCTION (Phase II) Description Clearing & Grubbing Grading Erosion Control Irrigation System Aggregate Base Paving Asphalt Minor Concrete Structure Reinforcing Concrete Pipe UCP NAICS 237310 CENSUS NAICS 23711 23891 23899 23731 DBEs 132 All Firms 835 Availability 15.8% Project Cost $2,788,417.50 Bid Item Amount $192,500 $520,712 $125,812 $144,375 $61,875 $215,187 $1,507,330 $20,625 $2,788,417 DBE Contract Amount $30,415 $82,273 $19,878 $22,811 $9,776 $34,000 $238,158 $3,258 $440,570 DBE Goal fc l£ '' iSJ? 15.8% CARLSBAD BOULEVARD SEISMIC RETROFIT CONSTRUCTION Description Grading Erosion Control Reinforcing Concrete Pipe UCP NAICS 237310 CENSUS NAICS 23711 23891 23731 DBEs 132 Alt Firms 835 Availability 15.8% Project Cost $1,000,000.00 Bid Item. Amount $662,600 $5,000 $13,720 $681,320 DBE Contract Amount $104,690 $790 $2,168 $107,648 DBE Goal Li 15.8% CARLSBAD BOULEVARD BRIDGE OVER RR CONCRETE BARRIER REPAIR Description Professional Services (PE & CE) Construction UCP NAICS 541330 237310 CENSUS NAICS 541330 23731 PBEs 231 AH Firms 1763 Availability 13.1% Project Cost $191,000 Bid Item Amount $41,000 $150,000 $191,000 DBE Contract Amount $5,370 $19,650 $25,020 DBE Goal W^^^^^m 13.1% CARLSBAD BOULEVARD BRIDGE OVER ENCINAS CREEK Description Professional Services (PE & CE) Construction UCP NAICS 541330 237310 CENSC/S'* NAICS 541330 23731 DBEs 231 All Firms 1763 >f ' Availability 13.1% Project Cost $2,219,250 Bid Item Amount $ 538,000 $1,681,250 $2,219,250 DBE Contract Amount $70,478 $220,244 $290,722 DBE Goal 13.1% RANCHO SANTA FE ROAD WETLAND MITIGATION CONSTRUCTION Description Grading Landscape and Irrigation System UCP NAICS 237310 CENSUS NAICS 23411 23593 DBEs 49 All Firms 355 Availability 13.8% Project Cost $2,000,000 Bid Item DBE Contract DBE Amount Amount Goal $1,345,000 $655,000 $2,000,000 $185,610 $90,390 $276,000 m 13.8% LPP 06-01 Page 4 of 6 July 1,2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form CARLSBAD BOULEVARD BRIDGE AT ENCINA POWER PLANT Description* - Professional Services (PE & CE) Construction NAILS' 541330 237310 ;"flt 541330 23731 pT ;i k t"1 ^DIK^t 231 - AlVnhs • 1763 ^aWKV 13.1% ''ProjactC^si $1,300,000 Professional Services (PE & CE) )*$$* 541690 BRIDGE F 541690 ; r-£^-' $ 420,000 $880,000 $1,300,000 DBE Contract Amount $55,020 $115,280 $170,300 DBE Goal 13.1%1 >REVENTATIVE MAINTENANCE PROGRAMm 5 :<Apyiir* J*fctrf*4* ^ 382 .15% -*»1 * :v*ffti P f oJc^Jt C0$t •»• $100,000 " Amount , $95,000 DBE Contract Amo'utrt - $0.00 DBE Goal 0.15% TOTAL ALL PROJECTS $9,274.987 $1,310.982 14.1% LPP 06-01 Page 5 of 6 July 1, 2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form LPP 06-01 Page 6 of 6 July 1,2006 a.t DBE ORGANIZATIONAL CHART EXHIBIT "B" CITY OF CARLSBAD PUBLIC WORKS DIVISION ENGINEERING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA. 92008 CITY COUNCIL CITY MANAGER RAYPATCHETT (760) 434-2821 rpatc@ci. carlsbad. ca.us PUBLIC WORKS DIRECTOR GLENN PRUIM (760) 602-2730 gpruiOci. carlsbad. ca. us CITY ENGINEER SKIPHAMMANN (760) 602-2407 shammQci. carlsbad. ca. us DEPUTY CITY ENGINEER DAVID MAUSER (760) 602-2739 dhaus@ci. carlsbad. ca. us ASSOCIATE ENGINEER STEVEN JANTZ (760) 602-2738 sjan t@ci. carlsbad. ca. us ~I | 2 2