HomeMy WebLinkAbout2005-05-17; City Council; 18121; Revise Disadvantaged Business Enterprise ProgramAB# 18,121 - TITLE: ADOPTING REVISIONS TO THE DISADVANTAGED
BUSINESS ENTERPRISE (DBE) PROGRAM FOR MTG. 5/17/05 OCTOBER 2004 THROUGH SEPTEMBER 2005
DEPT. ENG
RECOMMENDED ACTION:
D
CITY
CITY MGRa
Adopt Resolution No. 2005-1 57
Business Enterprise (DBE) Program as contained within City Council Policy Statement No. 67.
approving the revisions to the Caltrans model Disadvantaged
ITEM EXPLANATION:
The City of Carlsbad is required to revise its Disadvantaged Business Enterprise (DBE) Program in
order to continue receiving federal funds for design and/or construction of applicable projects. The
City is currently operating under the DBE Program approved by the City Council on February 4, 2003
attached to City Council Policy Statement No. 67.
The purpose of the DBE Program is to ensure a good faith effort is made to recruit and retain DBE
firms for work on federally funded (in whole or part) City projects. The intent of the DBE Program is
to set a “goal” for inclusion of the DBE firms on federally funded City projects based on a ratio of
available DBE firms to non dis-advantaged firms.
The revised Carlsbad DBE Program was reviewed by City staff and submitted to, and preliminarily
approved by, Caltrans in January 2005. Final approval by Caltrans will occur upon adoption of the
revised DBE Program. The revised program sets the inclusionary goal for Carlsbad at 15%. The
goal will be recalculated each year based on factors used in the present calculation combined with
updated DBE participation data as warranted.
The proposed revisions include the designation of a new DBE Liaison Officer and updating the list of
federally funded construction projects. City projects currently using federal funds include Rancho
Santa Fe Road Widening and Realignment Phase 1 and Phase 2, the Coastal Rail Trail, Seismic
retrofit of Carlsbad Blvd Bridge over the SDNR railroad tracks, and a portion of the Pavement
Management Program.
ENVIRONMENTAL REVIEW:
The revised DBE Program is not a “project” as defined by CEQA and therefore does not require
environmental review. Each federally funded project will complete all environmental reviews per
federal, state, and local requirements.
FISCAL IMPACT:
If a Caltrans approved program is not in place, the City could lose currently approved, and future
appropriations of, federal funds for City projects. The federal funding for four upcoming capital
projects totals over twenty six million dollars. Staff time to implement the revised DBE Program is
estimated to remain the same as past programs.
EXHIBITS:
1. Resolution No. 2005-1 57 approving the revisions to the Caltrans model
Disadvantaged Business Enterprise (DBE) Program as contained within City Council Policy
stab@?%#3?afi7@r the City of Carlsbad 2.
DEPARTMENT CONTACT: Steven Jantz, (760) 602-2738, siantQci.carlsbad.ca.us
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RESOLUTION NO. 2005-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE CALTRANS
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
AS CONTAINED WITHIN CITY COUNCIL POLICY STATEMENT
WHEREAS, the Federal Department of Transportation, under the Code of Federal
Regulations, Title 49; Part 23, requires each local government entity receiving Federal Transportation
Funds to implement a Disadvantaged Business Enterprise Program (“DBE Program”); and
WHEREAS, the DBE Program must be included in any local government contracts which are
wholly or partially funded with Federal Transportation Funds; and
WHEREAS, Caltrans has now been entrusted with local agency oversight responsibility for
DBE implementation for all federal transportation funded programs, wholly or in part; and
WHEREAS, the proposed revisions to the DBE Program include the designation of a new
DBE Liaison Officer and updating the list of federally funded construction projects; and
WHEREAS, approval of the attached revised DBE Program for October 2004 through
September 2005 will enable the City to receive federal funding for existing and future Capital
Projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
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That the above recitations are true and correct.
That the City Council of the City of Carlsbad, California authorizes the City Manager to
execute the revised DBE Program dated January 2005.
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3. That the City Council of the City of Carlsbad, California does hereby revise City
Council Policy Statement No. 67 by replacing the existing DBE Program with the
attached revised DBE Program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 17th day of May , 2005 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Lewis
ZLAUDE A. LEWl
MATT HALL, Mayor Pro-Tern
4TTEST ,/
YINET, City Clerk (SEAL)
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Disadvantaged Business Enterprise Program
DISADVANTAGED BUSINESS
ENTERPRISE (DBE) PROGRAM
FOR THE
CITY OF CARLSBAD
CALI FORN IA
JANUARY, 2005
This Program is in accordance with Title 49 of the Code of Federal Regulations
Part 26, and the Model DBE Program as provided in the Caltrans Local Assistance
Procedures Manual Chapter 9.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
EXHIBIT 2
Page 1 of 31 City of Carlsbad, CA cf
Disadvantaged Business Enterprise Program
City of Carlsbad, California
I Definitions of Terms
The terms used in this program have the meanings defined in 49 CFR $26.5.
II ObjectiveslPolicy Statement (§§26. I , 26.23)
The City of Carlsbad has established a Disadvantaged Business Enterprise (DBE) program in
accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The
City of Carlsbad has received Federal financial assistance from the DOT, and as a condition of
receiving this assistance, the City of Carlsbad will sign an assurance that it will comply with 49 CFR
Part 26.
It is the policy of the City of Carlsbad to ensure that DBEs, as defined in part 26, have an equal
opportunity to receive and participate in DOT-assisted contracts. It is also our policy:
0 To ensure nondiscrimination in the award and administration of DOT-assisted contracts;
To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;
To ensure that the DBE Program is narrowly tailored in accordance with applicable law;
0 To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
participate as DBEs;
0 To help remove barriers to the participation of DBEs in DOT-assisted contracts; and
0 To assist the development of firms that can compete successfully in the market place outside
the DBE Program.
Steven C. Jantz, Associate Engineer, has been delegated as the DBE Liaison Officer. In that
capacity, Steven C. Jantz is responsible for implementing all aspects of the DBE program.
Implementation of the DBE program is accorded the same priority as compliance with all other legal
obligations incurred by the City of Carlsbad in its financial assistance agreements with the California
Department of Transportation (Caltrans).
The City of Carlsbad has disseminated this policy statement to the City Council of the City of
Carlsbad and all the components of our organization. We have distributed this statement to DBE and
non-DBE business communities that perform work for us on DOT-assisted contracts by publishing
this statement in general circulation, minority-focused and trade association publications.
Page 2 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
111 Nondiscrimination (526.7)
The City of Carlsbad 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 its DBE program, the City of Carlsbad 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 with respect to
individuals of a particular race, color, sex, or national origin.
IV DBE Program Updates (s26.21)
The City of Carlsbad will continue to carry out this program until the City of Carlsbad has established
a new goal setting methodology or until significant changes to this DBE Program are adopted. The
City of Carlsbad will provide to Caltrans a proposed overall goal and goal setting methodology and
other program updates by June 1 of every year.
V Quotas (526.43)
The City of Carlsbad will not use quotas or set-asides in any way in the administration of this DBE
program.
VI DBE Liaison Officer (DBELO) (526.45)
The City of Carlsbad has designated the following individual as the Disadvanaged 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 that the City of Carlsbad complies with all provisions of 49 CFR Part 26. This is
available on the Internet at osdbuweb.dot.gov/main.cfm. The DBELO has direct, independent
access to the City Manager for the City of Carlsbad concerning DBE matters. The Planning and
Programs Division of the Public Works, Engineering Department, which consists of a Deputy City
Engineer, an Associate Engineer and four Engineering Technicians, will support the DBELO. It is the
Planning and Programs Division’s primary function to implement important programs such as the
DBE Program. In addition to the Planning and Programs staff, the support of the Public Works,
Engineering Department administrative staff is also available as needed. The organization chart
displaying applicable staff is shown as Exhibit “6” of this document.
Page 3 of 31 City of Carlsbad, CA
Disadvantaged Business Enterprise Program
The DBELO is responsible for developing, implementing and monitoring the DBE program,
in coordination other appropriate officials. Duties and responsibilities include the following:
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Gathers and reports statistical data and other information as required.
Reviews third party contracts and purchase requisitions for compliance with this program.
Works with all departments to set overall annual goals.
Ensures that bid notices and requests for proposals are available to DBEs in a timely manner.
Identifies contracts and procurements so that DBE goals are included in solicitations (both
race-neutral methods and contract specific goals) and monitors results.
Analyzes the City of Carlsbad’s progress toward goal attainment and identifies ways to
imp rove progress.
Participates in pre-bid meetings.
Advises the City Manager and City Council on DBE matters and achievement.
Chairs the DBE Advisory Committee.
Participates with the City Attorney’s Office and project director to determine contractor
compliance with good faith efforts.
Provides DBEs with information and assistance in preparing bids, obtaining bonding and
i nsu rance .
Plans and participates in DBE training seminars.
Provides outreach to DBEs and community organizations to advise them of opportunities.
VI1 Federal Financial Assistance Agreement Assurance (s26.13)
The City of Carlsbad will sign the following assurance, applicable to all FHWA-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 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.).
Page4 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
Vlll DBE Financial Institutions
It is the policy of the City of Carlsbad 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 DBE Liaison Officer. The
Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison
Officer.
IX Directory (526.31)
The City of Carlsbad will refer interested persons to the DBE directory available from the Caltrans
Disadvantaged Business Enterprise Program website at www.dot.ca.gov/hq/bep.
X Overconcentration ($26.33)
The City of Carlsbad has not identified any types of work in DOT-assisted contracts that have an
overconcentration of DBE participation. If in the future the City of Carlsbad identifies the need to
address overconcentration, measures for addressing overconcentration will be submitted to the
DLAE for approval.
XI Business Development Programs (526.35)
The City of Carlsbad does not have a business development or mentor-protege program. If the City
of Carlsbad identifies the need for such a program in the future, the rationale for adopting such a
program and a comprehensive description of it will be submitted to the DLAE for approval.
Page 5 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
XI1 Required Contract Clauses (ss26.13, 26.29)
Contract Assurance
The City of Carlsbad ensures that the following clause is placed in every DOT-assisted contract and
subcontract:
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.
Prompt Payment
The City of Carlsbad ensures that the following clauses or equivalent will be included in each DOT-
assisted prime contract:
Prompt Prowess Payment to Subcontractors
A prime contractor or subcontractor shall pay a 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 violation of Section 7108.5
shall subject the violating contractor or subcontractor to the penalties, sanction and other
remedies of that section. Federal regulation (49 CFR 26.29) requires that any delay or
postponement of payment over 30 days of receipt of each payment may take place only for
good cause and with the agency’s prior written approval. These requirements shall not be
construed to limit or impair any contractual, administrative or judicial remedies otherwise,
available to the prime contractor or subcontractor in the event of a dispute involving late
payment, or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime
contractors and subcontractors.
Page 6 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
Release of Retainaae
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 a subcontractor within 30 days
after receiving payment for work satisfactorily completed and accepted including incremental
acceptances of portions of the contract work by the agency. Federal regulation (49 CFR
26.29) requires that 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 this provision
shall subject the violating prime contractor to the penalties, sanctions, and other remedies
specified in Section 71 08.5 of the California Business Professions Code. These requirements
shall not be construed to limit or impair any contractual, administrative, or judicial remedies
otherwise, available to the prime contractor or subcontractor in the event of a dispute involving
late payment, or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime
contractors and subcontractors.
Xlll Monitoring and Enforcement Mechanisms (s26.37)
The City of Carlsbad will assign a Resident Engineer (RE) or Contract Manager to monitor and track
actual DBE participation through contractor and subcontractor reports of payments in accordance
with the following:
After Contract Award
After the contract award the City of Carlsbad will review the award documents for the portion of items
each DBE and first tier subcontractor will be performing and the dollar value of that work. With these
documents the REKontract Manager will be able to determine the work to be performed by the DBEs
or subcontractors listed.
Preconstruction Conference
A preconstruction conference will be scheduled between the RE and the contractor or their
representative to discuss the work each DBE subcontractor will perform.
Before work can begin on a subcontract, the City of Carlsbad will require the contractor to submit a
completed “Subcontracting Request,” Exhibit 16-B of the LAPM or equivalent. When the RE receives
the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The
RE will not approve the request when it identifies someone other than the DBE or first tier
subcontractor listed in the previously completed “Local Agency Bidder DBE Information,” Exhibit 15-
G. The “Subcontracting Request” will not be approved until any discrepancies are resolved. If an
issue cannot be resolved at that time, or there is some other concern, the RE will require the
contractor to eliminate the subcontractor in question before signing the subcontracting request. A
change in the DBE or first tier subcontractor may be addressed during a substitution process at a
later date.
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Disadvantaged Business Enterprise Program
Suppliers, vendors, or manufacturers listed on the “Local Agency Bidder DBE Information’’ will be
compared to those listed in the completed Exhibit 16-1 of the LAPM or equivalent. Differences must
be resolved by either making corrections or requesting a substitution.
Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). Local
agencies will require contractors to adhere to the provisions within Subletting and Subcontracting Fair
Practices Act (State Law) Sections 41 00-4144. FPA requires the contractor to list all subcontractors
in excess of one half of one percent (0.5%) of the contractor’s total bid or $10,000, whichever is
greater. The statute is designed to prevent bid shopping by contractors. The FPA explains that a
contractor may not substitute a subcontractor listed in the original bid except with the approval of the
awarding authority.
The RE will give the contractor a blank Exhibit 17-F, “Final Report Utilization of Disadvantaged
Business Enterprises, First Tier Subcontractors” and will explain to them that the document will be
required at the end of the project, for which payment can be withheld, in conformance with the
contract.
Construction Contract Monitorinq
The RE will ensure that the RE’S staff (inspectors) know what items of work each DBE is responsible
for performing. Inspectors will notify the RE immediately of apparent violations.
When a firm other than the listed DBE subcontractor is found performing the work, the RE will notify
the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor’s
response, the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary
investigation to identify any potential issues related to the DBE subcontractor performing a
commercially useful function. Any substantive issues will be fonvarded to the Caltrans Disadvantaged
Business Enterprise Program. If the contractor fails to adequately explain why there is a
discrepancy, payment for the work will be withheld and a letter will be sent to the contractor
referencing the applicable specification violation and the required withholding of payment.
If the contract requires the submittal of a monthly truck document, the contractor will be required to
submit documentation to the RE showing the owner’s name; California Highway Patrol CA number;
and the DBE certification number of the owner of the truck for each truck used during that month for
which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA
number in the daily diary or on a separate piece of paper for documentation. The numbers are
checked by inspectors regularly to confirm compliance.
Providing evidence of DBE payment is the responsibility of the contractor.
Page 8 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
Substitution
When a DBE substitution is requested, the REIContract Manager will request a letter from the
contractor explaining why substitution is needed. The REIContract Manager must review the letter to
be sure names and addresses are shown, dollar values are included, and reason for the request is
explained. If the REIContract Manager agrees to the substitution, the REIContract Manager will
notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written
objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair
Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor
must provide the required good faith effort to the REIContract Manager for local agency
consideration.
If there is any doubt in the REIContract Manager’s mind regarding the requested substitution, the
REIContract Manager may contact the DLAE for assistance and direction.
Record Keeping and Final Report Utilization of Disadvantaged Business Enterprises
The contractor shall maintain records showing the name and address of each first-tier subcontractor.
The records shall also show:
1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of
materials and DBE trucking company.
2. The date of payment and the total dollar figure paid to each of the firms.
3. The DBE prime contractor shall also show the date of work performed by their own forces along
with the corresponding dollar value of the work claimed toward DBE goals.
When a contract has been completed the contractor will provide a summary of the records stated
above. The DBE utilization information will be documented on Exhibit 17-F and will be submitted to
the DUE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to
the contractor’s completed Exhibit 15-G and, if applicable, to the completed Exhibit 16-B. The DBEs
shown on the completed Exhibit 17-F should be the same as those originally listed unless an
authorized substitution was allowed, or the contractor used more DBEs and they were added. The
dollar amount should reflect any changes made in planned work done by the DBE. The contractor will
be required to explain in writing why the names of the subcontractors, the work items or dollar figures
are different from what was originally shown on the completed Exhibit 15-G when:
There have been no changes made by the RE.
The contractor has not provided a sufficient explanation in the comments section of the
completed Exhibit 17-F.
The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in
the project records.
Page 9 of 31 City of Carlsbad, CA
Disadvantaged Business Enterprise Program
The City of Carlsbad’s Liaison Officer will keep track of the DBE certification status on the Internet at
www.dot.ca.gov/hq/bep and keep the RE informed of changes that affect the contract. The RE will
require the contractor to act in accordance with existing contractual commitments regardless of
decertification.
The DLAE will use the PS&E checklist to monitor the City of Carlsbad’s commitment to require
bidders list information to be submitted to the City of Carlsbad from the awarded prime and
subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders
list information is required to be submitted as stipulated in the special provisions.
The City of Carlsbad will bring to the attention of the DOT through the DLAE any false, fraudulent, or
dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to
the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action
under suspension and debarment or Program Fraud and Civil Penalties rules) provided in s26.109.
The City of Carlsbad also will consider similar action under our own legal authorities, including
responsibility determinations in future contracts.
XIV Overall Goals (s26.45)
Amount of Goal
The City of Carlsbad’s overall goal for the Federal fiscal year FY 2004-2005 is the following: 15% of
the Federal financial assistance in FHWA-assisted contracts. This overall goal is broken down into
8% race-conscious and 7% race-neutral components.
Methodology
See Exhibit 9-B, Annual Overall Goal Information for complete Methodology formulization.
Breakout of Estimated Race-Neutral and Race-Conscious Participation
See Exhibit 9-6, Annual Overall Goal Information for listing of procedures, which will be in effect
for all contracts or proposals financed in part or in whole with Federal funding.
Process
Starting with the Federal fiscal year 2003, the amount of overall goal, the method to calculate the
goal, and the breakout of estimated race-neutral and race-conscious participation will be required
annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted
contracts. Submittals will be to the Caltrans’ DLAE. An exception to this will be if FTA or FAA
recipients are required by FTA or FAA to submit the annual information to them or a designee by
another date. FHWA recipients will follow this process:
Page 10 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
Once the DLAE has responded with preliminary comments and the comments have been
incorporated into the draft overall goal information, the City of Carlsbad will publish a notice of the
proposed overall goal, informing the public that the proposed goal and its rationale are available for
inspection during normal business hours at the City of Carlsbad’s principal office for 30 days
following the date of the notice, and informing the public that the City of Carlsbad’s comments will be
accepted on the goals for 45 days following the date of the notice. Advertisements in newspapers,
minority focus media, trade publications, or websites will be the normal media to accomplish this
effort. The notice will include addresses to which comments may be sent and addresses (including
offices and websites) where the proposal may be reviewed.
The overall goal resubmission to the Caltrans DLAE, will include a summary of information and
comments received during this public participation process and the City of Carlsbad’s responses.
This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final
review so the City of Carlsbad may begin using the overall goal on October 1 of each year.
XV Contract Goals (926.51)
The City of Carlsbad will use contract goals to meet any portion of the overall goal the City of
Carlsbad does not project being able to meet by the use of race-neutral means. Contract goals are
established so that, over the period to which the overall goal applies, they will cumulatively result in
meeting any portion of the overall goal that is not projected to be met through the use of race-neutral
means.
Contract goals will be established only on those DOT-assisted contracts that have subcontracting
possibilities. Contract goals need not be established on every such contract, and the size of contract
goals will be adapted to the circumstances of each such contract (e.g., type and location of work,
availability of DBEs to perform the particular type of work). The contract work items will be compared
with eligible DBE contractors willing to work on the project. A determination will also be made to
decide which items are likely to be performed by the prime contractor and which ones are likely to be
performed by the subcontractor(s). The goal will then be incorporated into the contract documents.
Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract.
XVI Transit Vehicle Manufacturers (526.49)
If DOT-assisted contracts will include transit vehicle procurements, the City of Carlsbad will require
each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit
vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section
49. The City of Carlsbad will direct the transit vehicle manufacturer to the subject requirements
located on the Internet at http://osdbuweb.dot.gov/programs/dbe/dbe.htm.
Page 11 of 31 City of Carlsbad, CA
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XVll Good Faith Efforts (s26.53)
Information to be Submitted
The City of Carlsbad treats bidders’/offerors’ compliance with good faith effort requirements as a
matter of responsiveness. A responsive proposal is meeting all the requirements of the
advertisement and solicitation.
Each solicitation for which a contract goal has been established will require the bidderdofferors to
submit the following information to the Purchasing Officer, City of Carlsbad, 1635 Faraday Avenue,
Carlsbad, CA 92008 no later than 4:OO p.m. on or before the fourth day, not including Saturdays,
Sundays and legal holidays, following bid opening:
I. The names and addresses of known DBE firms that will participate in the contract;
2. A description of the work that each DBE will perform:
3. The dollar amount of the participation of each DBE firm participation: Written and signed
documentation of commitment to use a DBE subcontractor whose participation it submits to meet
a contract goal;
4. Written and signed confirmation from the DBE that it is participating in the contract as provided in
the prime contractor’s commitment; and
5. If the contract goal is not met, evidence of good faith efforts.
Demonstration of Good Faith Efforts
The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate
that it has done so either by meeting the contract goal or documenting good faith efforts.
The following City Staff are responsible for determining whether a biddedofferor who has not met the
contract goal has documented sufficient good faith efforts to be regarded as responsive: The City
DBE Officer, Steven C. Jantz, 1635 Faraday Avenue, Carlsbad, California, 92008, email address
siant@ci.carlsbad.ca.us, or the City Purchasing Officer, Lisa Hildabrand, 1635 Faraday Avenue,
Carlsbad, California, 92008, email address Ihild@ci.carlsbad.ca.us.
The City of Carlsbad will ensure that all information is complete and accurate and adequately
documents the bidder/offeror’s good faith efforts before a commitment to the performance of the
contract by the bidder/offeror is made.
Page 12 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
Administrative Reconsideration
Within 10 days of being informed by the City of Carlsbad that it is not responsive because it has not
documented sufficient good faith efforts, a biddedofferor may request administrative reconsideration.
Biddedofferors should make this request in writing to the following reconsideration official: the City
Manager, 1200 Carlsbad Village Drive, Carlsbad, California, 92008,The reconsideration official will
not have played any role in the original determination that the biddedofferor did not make document
sufficient good faith efforts.
As part of this reconsideration, the bidder/offeror will have the opportunity to provide written
documentation or argument concerning the issue of whether it met the goal or made adequate good
faith efforts to do so. The biddedofferor will have the opportunity to meet in person with the
reconsideration official to discuss the issue of whether it met the goal or made adequate good faith
efforts to do. The City of Carlsbad will send the biddedofferor a written decision on reconsideration,
explaining the basis for finding that the bidder did or did not meet the goal or make adequate good
faith efforts to do so. The result of the reconsideration process is not administratively appealable to
Caltrans, FHWA or the DOT.
Good Faith Efforts when a DBE is Replaced on a Contract
The City of Carlsbad will require a contractor to make good faith efforts to replace a DBE that is
terminated or has otherwise failed to complete its work on a contract with another certified DBE, to
the extent needed to meet the contract goal. The prime contractor is required to notify the RE
immediately of the DBE’s inability or unwillingness to perform and provide reasonable
documentation.
In this situation, the prime contractor will be required to obtain the City of Carlsbad’s prior approval of
the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good
faith efforts. If the contractor fails or refuses to comply in the time specified, the City of Carlsbad’s
contracting office will issue an order stopping all or part of paymenffwork until satisfactory action has
been taken. If the contractor still fails to comply, the contracting officer may issue a termination for
default proceeding.
XVlll Counting DBE Participation ($26.55)
The City of Carlsbad will count DBE participation toward overall and contract goals as provided in the
contract specifications for the prime contractor, subcontractor, joint venture partner with prime or
subcontractor, or vendor of material or supplies.
XIX Certification (§26.83(a))
The City of Carlsbad ensures that only DBE firms currently certified on the Caltrans’ directory will
participate as DBEs in our program.
Page 13 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
XX Information Collection and Reporting
Bidders List
The City of Carlsbad 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, DBEhon-DBE status, age, and annual gross receipts of firms.
Monitorinq Payments to DBEs
Prime contractors are required to maintain records and documents of payments to DBEs for three
years following the performance of the contract. These records will be made available for inspection
upon request by any authorized representative of the City of Carlsbad, Caltrans or FHWA. This
reporting requirement also extends to any certified DBE subcontractor.
Payments to DBE subcontractors will be reviewed by the City of Carlsbad to ensure that the actual
amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of
DBE participation.
Reporting to Caltrans
The City of Carlsbad’s - Final utilization of DBE participation will be reported to the DLAE using
Exhibit 17-F of the Caltrans’ LAPM.
Confidentiality
The City of Carlsbad 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: MAY 2 4 2005
Approved to Form
Ronald R. Ball, City Attorney
This Disadvantaged Business Enterprises Program is accepted by:
[Signature of DUE] Date:
Page 14 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
APPENDIX A TO PART 26 -- GUIDANCE CONCERNING GOOD FAITH EFFORTS
I. When, as a recipient, you establish a contract goal on a DOT-assisted contract, a
bidder must, in order to be responsible and/or responsive, make good faith efforts to
meet the goal. The bidder can meet this requirement in either of two ways. First, the
bidder can meet the goal, documenting commitments for participation by DBE firms
sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can
document adequate good faith efforts. This means that the bidder must show that it
took all necessary and reasonable steps to achieve a DBE goal or other requirement of
this part, which, by their scope, intensity, and appropriateness to the objective, could
reasonably be expected to obtain sufficient DBE participation, even if they were not
fu Ily successfu I.
II. In any situation in which you have established a contract goal, part 26 requires you to
use the good faith efforts mechanism of this part. As a recipient, it is up to you to make
a fair and reasonable judgment whether a bidder that did not meet the goal made
adequate good faith efforts. It is important for you to consider the quality, quantity, and
intensity of the different kinds of efforts that the bidder has made. The efforts
employed by the bidder should be those that one could reasonably expect a bidder to
take if the bidder were actively and aggressively trying to obtain DBE participation
sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith
efforts to meet the DBE contract requirements. We emphasize, however, that your
determination concerning the sufficiency of the firm's good faith efforts is a judgment
call: meeting quantitative formulas is not required.
Ill. The Department also strongly cautions you against requiring that a bidder meet a
contract goal (Le., obtain a specified amount of DBE participation) in order to be
awarded a contract, even though the bidder makes an adequate good faith efforts
showing. This rule specifically prohibits you from ignoring bona fide good faith efforts.
IV. The following is a list of types of actions which you should consider as part of the
bidder's good faith efforts to obtain DBE participation. It is not intended to be a
mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or
types of efforts may be relevant in appropriate cases.
A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid
meetings, advertising and/or written notices) the interest of all certified DBEs who
have the capability to perform the work of the contract. The bidder must solicit
this interest within sufficient time to allow the DBEs to respond to the solicitation.
The bidder must determine with certainty if the DBEs are interested by taking
appropriate steps to follow up initial solicitations.
B. Selecting portions of the work to be performed by DBEs in order to increase the
likelihood that the DBE goals will be achieved. This includes, where appropriate,
breaking out contract work items into economically feasible units to facilitate
DBE participation, even when the prime contractor might otherwise prefer to
perform these work items with its own forces.
Page 15 of 31 City of Carlsbad, CA
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C. Providing interested DBEs with adequate information about the plans,
specifications, and requirements of the contract in a timely manner to assist
them in responding to a solicitation.
D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility
to make a portion of the work available to DBE subcontractors and suppliers and
to select those portions of the work or material needs consistent with the
available DBE subcontractors and suppliers, so as to facilitate DBE participation.
Evidence of such negotiation includes the names, addresses, and telephone
numbers of DBEs that were considered; a description of the information provided
regarding the plans and specifications for the work selected for subcontracting;
and evidence as to why additional agreements could not be reached for DBEs to
perform the work.
(2) A bidder using good business judgment would consider a number of factors
in negotiating with subcontractors, including DBE subcontractors, and would take
a firm's price and capabilities as well as contract goals into consideration.
However, the fact that there may be some additional costs involved in finding
and using DBEs is not in itself sufficient reason for a bidder's failure to meet the
contract DBE goal, as long as such costs are reasonable. Also, the ability or
desire of a prime contractor to perform the work of a contract with its own
organization does not relieve the bidder of the responsibility to make good faith
efforts. Prime contractors are not, however, required to accept higher quotes
from DBEs if the price difference is excessive or unreasonable.
E. Not rejecting DBEs as being unqualified without sound reasons based on a
thorough investigation of their capabilities. The contractor's standing within its
industry, membership in specific groups, organizations, or associations and
political or social affiliations (for example union vs. non-union employee status)
are not legitimate causes for the rejection or non-solicitation of bids in the
contractor's efforts to meet the project goal.
Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or
insurance as required by the recipient or contractor.
F.
Page 16 of 31 City of Carlsbad, CA
Disadvantaged Business Enterprise Program
G. Making efforts to assist interested DBEs in obtaining necessary equipment,
supplies, materials, or related assistance or services.
H. Effectively using the services of available minority/women community
organizations; minorityhvomen contractors' groups; local, state, and Federal
minority/women business assistance offices; and other organizations as allowed
on a case-by-case basis to provide assistance in the recruitment and placement
of DBEs.
V. In determining whether a bidder has made good faith efforts, you may take into account the
performance of other bidders in meeting the contract. For example, when the apparent
successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise
the question of whether, with additional reasonable efforts, the apparent successful bidder
could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or
exceeds the average DBE participation obtained by other bidders, you may view this, in
conjunction with other factors, as evidence of the apparent successful bidder having made
good faith efforts.
Page 17 of31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
APPENDIX C
RESOLUTION OF THE CITY OF CARLSBAD REGARDING
NECESSITY OR EMERGENCY FOR SUBSEQUENT
SUBCONTRACTOR IDENTIFICATION
(REQUIRED BY PUBLIC CONTRACT CODE SECTION 4109
ENTITLED "Public Emergency Grounds For Change")
A. EXPLANATION OF PUBLIC NECESSITY OR EMERGENCY:
B. FACTS CONSTITUTING THE PUBLIC NECESSIN OR EMERGENCY:
C. FINDINGS:
D. RESOLUTION FOR SUBSEQUENT IDENTIFICATION OF SUBCONTRACTORS:
E. CERTIFICATE OF SECRETARY
I. MOTION MADE AND DATE
2. VOTING RESULTS
3. SIGNATURES:
(a) (Secretary)
(b) (Chairperson)
Page 18 of 31 City of Carlsbad, CA
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Page 19 of 31 City of Carlsbad, CA
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EXHIBIT 9-B
ANNUAL OVERALL GOAL INFORMATION
TO: CALTRANS DISTRICT I1
District Local Assistance Engineer
The amount of the overall goal, methodology, breakout of estimated race-neutral and race-conscious
participation, and any DBE program updates are presented herein in accordance with Title 49 of the
Code of Federal Regulations Part 26, and as described in the Local Assistance Procedures Manual.
The City of Carlsbad submits our annual overall goal information and an update to the District Local
Assistance Engineer for your review and comment. We propose an annual overall DBE goal of 15%
for the Federal Fiscal Year 2004/2005, beginning October 1, 2004 and ending September 30, 2005.
Methodology
The overall goal methodology is a two-step process as described in 49 CFR Part 26, Section 26.41.
This two-step process is intended to provide maximum flexibility, to ensure narrow program tailoring,
and provide meaningful, demonstrable evidence of availability, based upon each agency's relevant
market conditions .
Step 1 of the process is determining a base figure for the relative availability of DBEs that are ready,
willing and able to participate in the Federal-aid contracting program. For FY 2004/2005,
we narrowed our region to include San Diego County firms only when identifying certified DBE firms
per industrial classification.
Step 2 of the process requires that local agencies determine whether an up or down adjustment from
the base figure is needed. This determination is based upon examination of the local agency
Federal-aid contracting program, and knowledge of local contracting markets.
Step 1 : Calculation of the Base Figure to Establish Relative Availability of DBEs
The process of determining the base figure of relative availability of DBEs in the San Diego region is
intended to allow local jurisdictions and agencies to examine various sets of data relative to their
contracting program and processes, with a particular focus on procurement needs.
The base figure of relative availability is determined by using the City's local jurisdictions' or agencies'
geographic base, the California Unified Certification Program (CUCP) List of Certified DBEs, the
2001 Census Bureau's County Business Patterns (CBP), and the North American Industrial
Classification System (NAICS).
The availability of DBEs (taken from the CUCP List of Certified DBEs) and comparable CBP firms is
shown in Table 2.
Page 20 of 31 City of Carlsbad, CA
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290
TABLE 2
AVAILABILITY OF DBE FIRMS AND NON-DBE FIRMS
SAN DIEGO REGION, BASED ON FY 2003-2004 DATA
1
97
141
25
I %
1%
97
97
296
1%
1%
1 Yo
All Firms
(WE arid
non DBE)
Available in
San Diego
County
DBE Firms
Available in
San Diego
County
CENSUS County
Business Pattern
(GSP) NAICS
Codes
DESCRIPTION OF
INDUSTRIAL
CLA$SlFlCATlON
DOT - CUCP
NAICS CODES Estimated
Federal Dollars
Percent
Avaf lability
CONSTRUCTION
37
44
238110
2381 20
2357 10 Concrete & Cement
Reinforcing Bar Section
$508,850
I 1%
~~~
$21,000 Clearing & Grubbing
233499 49 23731 0
237310 Roadway Excavation $179,700
23593 74
237310 Erosion Control
Irrigation System
$854,840
74 20% ---I- 221 31
~~
23731 0
~ ~ ~~
Aggregate Base
Paving Asphalt
Minor Concrete Structure
74 $66,690
2341 1
23731 0 $123,000
2341 1 74
23731 0 $180,120
23551 0 74 I 1% 23731 0 Reinforced Concrete Pipe $1 9,670
23491 74 f-t- 17.7% Total Construction 160 $1,953,870
Page 21 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
To arrive at the base figure of relative availability of DBEs in the San Diego region, the number of
DBE firms was divided by the number of all comparable CBP firms available.
Number of Ready, Willing, and Able DBEs
(from the Caltrans List of Certified DBEs) = BASEFIGURE
Number of All Ready, Willing, and Able Firms
(from the Census Bureau’s County Business Patterns)
[ ($1,953,870) [ 160) ] 100 = BaseFigure $3,047,057 904
0.1 1349236 = BaseFigure
Base Figure = I1 %
Page 22 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
Construction
Step 2: Adjusting the Base Figure by Using Local Market Evidence
*$464,791.90 I *$148,291.19 I *31.9%
Upon establishing the base figure, the City of Carlsbad reviewed and assessed other known relevant
evidence to determine what additional adjustments were needed to narrowly tailor the base figure to
the City of Carlsbad's marketplace. Factor determining the City of Carlsbad's DBE participation that
can be expected, absent discrimination include:
1. Current Capacity of DBE firms measured by actual attainment of DBE participation
The volume of work that DBEs performed in City of Carlsbad's DOT-assisted contracting
program for Fiscal Year's 2001-02, 2002-03 and 2003-04. The City will consider the last three
fiscal year construction project as it relates to this year's construction project. Therefore, the
average is 9.3%
Fiscal
Year
2003-2004
2002-2003
2002-2003
2001 -2002
2001 -2002
No federal fun(
Construction I **$9,332,092.00 1 **$973,278.00 I **10.4% (Est) 1
I I I Professional Services 1 *$844,700.00 I *$149,300.00 1 *17.7%(Est)
I I ' J
j were spent on these components and professional service work is ongoing.
**Project on-going. Estimated DBE goal based on construction bid.
2. Projected DBE Participation for FY 2004-2005
The breakout of potential DBE participation on Federal DOT-assisted contracts is based on
the following projects:
Coastal Rail Trail Phase 1 Construction
Coastal Rail Trail Phase 1 Construction
Carlsbad Boulevard Bridge Retrofit
Rancho Santa Fe Road Mitigation Construction
Average 9.6%
3. Bidder's Data Base
8.2% DBE Participation
8.2% DBE Participation
8.3% DBE Participation
9.6% DBE Participation
The City of Carlsbad has not collected sufficient data to date for consideration in adjusting the
base figure, however, the City of Carlsbad will continue to capture information from all bidders
at the time of bid and/or proposal submission and will utilize such information in future goal-
setting analysis.
Page 23 of 31 City of Carlsbad, CA
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Disadvantaged Business Enterprise Program
4. 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.
5. Result of Goal Adjustment
11 YO Base Figure, 9.3 DBE Attainment, 9.6 Projections = 9.96%
Based on the actual DBE goals attained in FY 2001/2002 and the expected DBE goals for FY
2002/2003 and FY 2003/2004 the City of Carlsbad will retain their DBE Goal of 15% for FY
2004/2005. While the calculated Base Figure is low, the City completed one contract in
2001/2002 that far exceeded the contract goal and the overall City goal. The contracts
executed in FY 2002/2003 and 2003/2004 are expected to exceed the contract DBE goal and
be less than the overall goal of 15%. DBE goals for projects expected to be awarded in FY
2004/2005 are also calculated to be less than or equal to 15%. The City will consider
adjusting the overall goal next year if the contracts anticipated to be executed in FY 2004/2005
exceed the calculated project and overall goals.
6. Public Participation in Setting Annual Goal
In conformance with Public Participation Regulatory Requirements of 49 CFR Part 26.45 and
Chapter 9 of the Caltrans Local Assistance Procedures Manual (LAPM), this goal analysis will
be reviewed with minority, women, local business chambers, community organizations, and
other US DOT recipients. These entities are knowledgeable about the availability of
disadvantaged and non-disadvantaged businesses and the effects of discrimination on
contracting opportunities for DBE’s within the City’s marketplace.
Additionally, the City will publish a Public Notice in general circulation media; women/minority
focused media, announcing the City‘s proposed annual goal for FY 2004/2005 contract
assisted by US DOT. The notice will inform the public that the proposed goal and rationale
are available for inspection at the City of Carlsbad during normal business hours for 30 days
following the date of the Public Notice. The City of Carlsbad and Caltrans District 11 Local
Assistance will accept comments on the goals for 45 days from the date of the Public Notice.
The required public participation provisions will be fully satisfied prior to submitting the City’s
DBE Program and annual DBE Goal for final review and approval.
Breakout of Estimated Race-Neutral and Race-Conscious Participation
The City estimates that for the overall goal of 15%’ 10% of it will be obtained through
race-conscious participation and the remaining 5% of the goal will be met through race-
conscious participation that includes the following efforts by City staff:
0 Requirements that facilitate participation by DBE’s will be included in all bidding and
contract documents.
0 The DBE Liaison Officer will attend all pre-bid and pre-construction meetings to clarify
DBE goals.
Page 24 of 31 City of Carlsbad, CA
27
Disadvantaged Business Enterprise Program
0 A letter identifying the project DBE goal and clarifying achievement methods and
procedures will be included with notices announcing future City contracts sent to
“plan rooms”.
An in-depth work schedule for large contracts will be provided to make the contracts
more assessable to small businesses.
0
0 The largest of the City’s projects, the Rancho Santa Fe Road Project has been
unbundled into three smaller projects and will be bid separately which makes it more
accessible to smaller businesses.
e A letter will be attached to each bid package that has sub-contracting possibilities
mandating the inclusion of DBE’s in the bid proposal to meet or exceed the overall goal
requirement.
Page 25 of 31 City of Carlsbad, CA
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Page 28 of 31 City of Carlsbad, CA
Disadvantaged Business Enterprise Program
GUIDELINES FOR CIVIL RIGHTS COMPLIANCE REVIEWS OF LOCATION
PROCEDURES
GENERAL
In accordance with Title VI and Title Vlll of the Civil Rights Act of 1964 and 1968,
local agencies are required to follow certain location procedures on Federal-aid
highway projects. This guideline may be used to suggest areas for review.
1. As a result of the choice of highway locations or the procedures used in
arriving at the choice, has the Agency, State, or Federal Highway
Administration received any civil rights complaints? If so, what were the
complaints and what has been done to resolve them?
2.a. To what extent does the agency employ minority staff personnel in the
location program under review? Are these personnel involved in the
following:
Developing and comparing alternatives,
0 Assessing impacts, and
0 When used, operating through consultant contracts?
Are they involved in any other related areas? If not, what is being done to
recruit and hire minority personnel?
2.b. What training or education sessions are conducted to increase the skills of
minorities as well as non-minorities? Are promotional opportunities
available for minorities? Does the Agency fill professional as well as
nonprofessional positions with minorities? If not, what is being done to
rectify these situations?
3. Does the Agency choose consultant firms without discrimination on the
basis of race, sex, color, or national origin? Is there evidence that minority
consultant and consultants with minority staffs offered equal employment
opportunity? How many of these firms have contracts and what type are
they?
4. Does the process for preparation of Environmental Impact Statements, or
do the Environmental Impact Statements themselves, reflect any indication
of a violation of any of the provisions of Title VI or Title VIII? If so,
elaborate.
Page 29 of 31 City of Carlsbad, CA
3L
~~ ~~~ ~~~~
Disadvantaged Business Enterprise Program
LOCATION DETERMI NATION
When reviewing the process leading to location determination on a specific
project, the following questions are to be used:
1.a. To what extent has the agency or consultant compiled the following
information for use in the location determination?
1.b. The racial character of the portion of the area through which the alternate
locations pass, including the approximate number by race of persons and
families affected by each alternate (affected means all persons directly
displaced or located in areas directly adjoining the road.)
1.c. The social and economic character of the area through which alternates
pass, including levels of income, whether the area is commercial or
residential, and the approximate number of minority and non-minority
owners of businesses and residences in the area.
1.d. The racial character of the people employed in the area affected by each
alternate.
2. How was the racial and ethnic data used to identify possible problem
areas and adverse impacts, such as relocation difficulties or possible
changes in minority income capabilities, mobility, or community cohesion?
What efforts have been made to rectify these problem areas and minimize
the adverse impacts?
3. Will a minority area be bypassed or separated from contiguous areas by
an of the alternatives, and if so, what effect will this have on the minority
community? To what extent will it perpetuate patterns of segregation?
4. How will each of the alternates affect the use of various community
facilities and services such as hospital, libraries, shopping areas, fire
stations, police installations, schools, churches, parks and recreation
centers by minority groups in the area?
5. To what extent will each of the locations produce an adverse effect of
residential, commercial and industrial development existing or planned
within minority communities?
6. What attempt has the Agency made to satisfy minority community
planning goals and needs? To what extent were the goals and needs
determined utilizing input from the minority community?
7. Have the gradeline, safety considerations, cross-street treatment,
pedestrian overpasses, and other design features been established for
alternatives to the same degree in minority areas as in nonminority
areas?:
Page 30 of 31 City of Carlsbad, CA
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Page 31 of 31 City of Carlsbad, CA