HomeMy WebLinkAbout2006-09-26; City Council; 18738; Disadvantaged Business Enterprise Program1
CITY OF CARLSBAD - AGENDA BILL
AB# 18,738
MTG. 9/26/06
DEPT. ENG
ADOPTION OF THE CITY OF CARLSBAD
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
DEPT. HEAT^^?
CITY ATTY. ^^5
CITY MGR. ^HTsO
RECOMMENDED ACTION:
Adopt Resolution No. 2006-281 approving the City of Carlsbad Disadvantaged Business
Enterprise (DBE) Program as contained within City Council Policy Statement No. 67 and authorizing
the City Manager to execute the DBE Race-Neutral Implementation Agreement for Local Agencies
Exhibit 9-A.
Adopt Resolution No. 2006-282 authorizing the Public Works Director as signature
authority for the City of Carlsbad DBE Annual Submittal Form" Exhibit 9-B.
ITEM EXPLANATION:
The City of Carlsbad is required to adopt a Disadvantaged Business Enterprise (DBE) Program in
order to continue receiving federal funds for design and/or construction of applicable projects.
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 disadvantaged firms. The City s DBE program sets the inclusionary goal 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 forms required of the DBE Program contain two parts. The City is required to adopt the
"DBE Race-Neutral Implementation Agreement for Local Agencies" (Exhibit 9-A) to formally
acknowledge the local agencies' commitment to implement Caltrans DBE Program Plan.
The Implementation Agreement formalizes the responsibilities of both Caltrans and the City to ensure
compliance with all elements of Title 49, Part 26 of the CFR entitled "Participation by Disadvantaged
Business Enterprises in Department of Transportation Financial Assistance Programs." Ad9ption of
the Implementation Agreement is necessary to ensure the City complies with the DBE requirements
so federal funds can be used to design and construct transportation projects. The Implementation
Agreement is attached to City Council Policy Statement No. 67. The Implementation Agreement
needs to be approved once and will stay in effect until such time the federal government requires
revisions in order to comply with applicable federal law as they relate to DBE program requirements.
The second part of the DBE Program is the submittal of the "DBE Annual Submittal Form"
(Exhibit 9-B). Form 9-B provides information for the upcoming Federal Fiscal Year which includes the
local agency's Annual Anticipated DBE Participation Level (AADPL), the methodology for establishing
the AADPL, identification of the DBE Liaison Officer (DBELO), ana prompt pay provisions to be used
in federally-funded contracts. Form 9-B also identifies the projects which will be utilizing federal
funds. Form 9-B is required to be submitted annually so Caltrans can authorize federal funds for the
appropriate projects. The City's Form 9-B reflects those projects which were included and approved
as part of the adoption of the annual Operating and Capital Improvement Program.
As part of the City Council's action, staff is recommending the Council authorize the City Manager
execute the DBE Race-Neutral Implementation Agreement for Local Agencies Exhibit 9-A and attach
to Council Policy 67. Due to the administrative nature of Form 9-B, staff also recommends the Council
authorize the Public Works Director as signature authority for the City of Carlsbad DBE Annual
Submittal Form Exhibit 9-B. The revised Carlsbad DBE Program was reviewed by City of Carlsbad
staff and submitted to and preliminarily approved by Caltrans in July 2006.
FOR CITY CLERKS USE ONL Y.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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ENVIRONMENTAL IMPACT:
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 cost for the seven projects projected to use
federal funds in FY 06-07 is estimated at $9,275,000. Staff time to implement the revised DBE
Program is estimated to remain the same as past programs.
EXHIBITS:
1. Resolution No. 2006-281 approving the City of Carlsbad Disadvantaged Business
Enterprise (DBE) Program as contained within City Council Policy Statement No. 67 and
authorizing the City Manager to execute the DBE Race-Neutral Implementation Agreement for
Local Agencies" Exhibit 9-A.
2. Adopt Resolution No. 2006-282 authorizing the Public Works Director as signature
authority for the City of Carlsbad DBE Annual Submittal Form" Exhibit 9-B.
3. Disadvantaged Business Enterprise (DBE) Program for the City of Carlsbad, California, dated
July 2006.
DEPARTMENT CONTACT: Steve Jantz, (760) 602-2738, siant@ci.carlsbad.ca.us
1
RESOLUTION NO. 2006-281
2
A RESOLUTION APPROVING THE CITY OF CARLSBAD,
3 CALIFORNIA, DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM AS CONTAINED WITHIN CITY COUNCIL POLICY
4 STATEMENT NO. 67 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE DBE RACE-NEUTRAL IMPLEMENTATION
5 AGREEMENT FOR LOCAL AGENCIES EXHIBIT 9-A.
6 WHEREAS, the Federal Department of Transportation, under the Code of Federal
7 Regulations, Title 49; Part 23, requires each local government entity receiving Federal
8 Transportation funds to implement a Disadvantaged Business Enterprise Program
g ("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
12
for DBE implementation for all federal transportation funded programs, wholly or in part; and
13 WHEREAS, Caltrans is requiring the City of Carlsbad to adopt the DBE Race-Neutral
14 Implementation Agreement for Local Agencies Exhibit 9-A to ensure compliance with all elements
15 of Title 49, Part 26 of the CFR entitled "Participation by Disadvantaged Business Enterprises in
16 Department of Transportation Financial Assistance Programs."
17 WHEREAS, adoption of the DBE Race-Neutral Implementation Agreement for Local
1 s Agencies Exhibit 9-A will enable the City to receive federal funding for existing and future Capital
1 g Projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:21
1. That the above recitations are true and correct.
22
2. That the City Council of the City of Carlsbad, California does hereby adopt the
23 DBE Race-Neutral Implementation Agreement for Local Agencies Exhibit 9-A dated July 2006 and
24 replace the existing DBE Program in City Council Policy Statement No. 67.
OC 3. That the City Council of the City of Carlsbad, California authorizes the
26 City Manager to execute the DBE Race-Neutral Implementation Agreement for Local Agencies
27 Exhibit 9-A dated July 2006.
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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:
ft$E M. WOOD, City Clerk
H
1
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.
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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-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
DISADVANTAGED BUSINESS
ENTERPRISE (DBE) PROGRAM
RACE NEUTRAL
IMPLEMENTATION AGREEMENT
FOR THE
CITY OF CARLSBAD
CALIFORNIA
JULY 2006
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Local Assistance Procedures Manual EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL
IMPLEMENTATION AGREEMENT
For the City of Carlsbad, hereinafter referred to as "RECIPIENT."
I Definition of Terms
The terms used in this agreement have the meanings defined in 49 CFR § 26.5.
II OBJECTIVE/POLICY STATEMENT (§26/1. 26/23)
The RECIPIENT intends to receive federal financial assistance from the U. S. Department of
Transportation (DOT) through the California Department of Transportation (Caltrans), and as a
condition of receiving this assistance, the RECIPIENT will sign the California Department of
Transportation's Disadvantaged Business Enterprise Implementation Agreement (hereinafter
referred to as Agreement). The RECIPIENT agrees to implement the State of California,
Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan
(hereinafter referred to as the DBE Program Plan) as it pertains to local agencies. The DBE
Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR, Part 26
requirements.
It is the policy of the RECIPIENT to ensure that DBEs, as defined in Part 26, have an equal
opportunity to receive and participate in DOT-assisted contracts. It is also their policy:
• To ensure nondiscrimination in the award and administration of DOT-assisted contracts.
• To create a level playing field on which DBE's can compete fairly for DOT-assisted contracts.
• To ensure their annual overall DBE participation percentage is narrowly tailored, in accordance
with applicable law.
• To ensure only firms that fully meet 49 CFR, Part 26 eligibility standards are permitted to
participate as DBEs.
• To help remove barriers to the participation of DBEs in DOT-assisted contracts.
• To assist the development of firms that can compete successfully in the market place outside
the DBE Program.
Ill Nondiscrimination (§26.7)
RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or
otherwise discriminate against anyone in connection with the award and performance of any
contract covered by 49 CFR, Part 26 on the basis of race, color, sex, or national origin. In
administering the local agency components of the DBE Program Plan, the RECIPIENT will not,
directly, or through contractual or other arrangements, use criteria or methods of administration
that have the effect of defeating or substantially impairing accomplishment of the objectives of the
DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
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Local Assistance Procedures Manual EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
IV Annual DBE Submittal Form (§26.21)
The RECIPIENT will provide to the Caltrans' District Local Assistance Engineer (DLAE) a
completed DBE Annual Submittal Form by June 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 to facilitate DBE and other small
business participation.
2. Providing assistance to DBE and small businesses in overcoming limitations such as inability
to obtain bonding or financing (e.g., by such means as simplifying the bonding process,
reducing bonding requirements, and providing services to help DBEs and other small
businesses obtain bonding and financing).
3. Providing technical assistance and other services to DBE and small businesses.
4. Providing information and communication programs on contracting procedures and specific
contract opportunities (e.g., ensuring the inclusion of DBEs 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.
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Local Assistance Procedures Manual EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
VI Quotas (§26.43)
RECIPIENT will not use quotas or set-asides in any way in the administration of the local agency
component of the DBE Program Plan.
VII DBE Liaison Officer (DBELO) (§26.25)
RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing
the DBE Program Plan, as it pertains to the RECIPIENT, and ensures the RECIPIENT is fully and
properly advised concerning DBE Program Plan matters. 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, a Senior Engineer, an Associate Engineer and three 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 name, address, telephone number, electronic mail address, and an organization chart
displaying the DBELO's position in the organization are found in Attachment 9-B 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 DBE Program Plan in coordination with other appropriate officials. Duties and
responsibilities include the following:
1. Gathers and reports statistical data and other information as required.
2. Reviews third party contracts and purchase requisitions for compliance with this program.
3. Works with all departments to determine projected Annual Anticipated DBE Participation
Level.
4. Ensures bid notices and requests for proposals are made available to DBEs in a timely
manner.
5. Analyzes DBE participation and identifies ways to encourage participation through race-
neutral means.
6. Participates in pre-bid meetings.
7. Advises the CEO/governing body on DBE matters and DBE race-neutral issues.
8. Provides DBEs with information and recommends sources to assist in preparing bids,
obtaining bonding and insurance.
9. Plans and participates in DBE training seminars.
10. Provides outreach to DBEs and community organizations to fully advise them of contracting
opportunities.
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Local Assistance Procedures Manual EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
VIII Federal Financial Assistance Agreement Assurance (§26.13)
RECIPIENT will sign the following assurance, applicable to and to be included in all DOT-assisted
contracts and their administration, as part of the program supplement agreement for each project.
The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of any DOT-assisted contract, or in the administration of its DBE Program, or the
requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps
under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of DOT-
assisted contracts. The recipient's DBE Program, as required by 49 CFR, Part 26 and as
approved by DOT, is incorporated by reference in this agreement. Implementation 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§26.13(a).]
IX DBE Financial Institutions (§26.27)
It is the policy of the RECIPIENT to investigate the full extent of services offered by financial
institutions owned and controlled by socially and economically disadvantaged individuals in the
community to make reasonable efforts to use these institutions, and to encourage prime
contractors on DOT-assisted contracts to make use of these institutions.
Information on the availability of such institutions can be obtained from the DBELO. The Caltrans'
Disadvantaged Business Enterprise Program may offer assistance to the DBELO.
X Directory (§26.31)
RECIPIENT will refer interested persons to the Unified Certification Program DBE directory
available from the Caltrans Disadvantaged Business Enterprise Program's website at
www.dot.ca.gov/hq/bep.
XI Required Contract Clauses (§§26.13,26.29)
RECIPIENT ensures 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.
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Local Assistance Procedures Manual EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
B. PROMPT PAYMENT
Prompt Progress Payment to Subcontractors
A prime contractor or subcontractor shall pay to any subcontractor not later than 10-days of
receipt of each progress payment, in accordance with the provision in Section 7108.5 of the
California Business and Professions Code concerning prompt payment to subcontractors.
The 10-days is applicable unless a longer period is agreed to in writing. Any delay or
postponement of payment over 30-days may take place only for good cause and with the
agency's prior written approval. Any violation of Section 7108.5 shall subject the violating
contractor or subcontractor to the penalties, sanctions, and other remedies of that Section.
This requirement shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the contractor or subcontractor in the event of a
dispute involving late payment or nonpayment by the contractor, deficient subcontractor
performance, and/or noncompliance by a subcontractor. This clause applies to both DBE
and non-DBE subcontractors.
Prompt Payment of Withheld Funds to Subcontractors
The local agency shall include either (1), (2), or (3) of the following provisions [local agency
equivalent will need Caltrans approval] in their federal-aid contracts to ensure prompt and
full payment of retainage [withheld funds] to subcontractors in compliance with 49 CFR
26.29.
1. No retainage will be held by the agency from progress payments due to the prime
contractor. Prime contractors and subcontractors are prohibited from holding retainage
from subcontractors. Any delay or postponement of payment may take place only for good
cause and with the agency's prior written approval. Any violation of these provisions shall
subject the violating contractor or subcontractor to the penalties, sanctions, and other
remedies specified in Section 7108.5 of the California Business and Professions Code. This
requirement shall not be construed to limit or impair any contractual, administrative, or
judicial remedies, otherwise available to the contractor or subcontractor in the event of a
dispute involving late payment or nonpayment by the contractor, deficient subcontractor
performance, and/or noncompliance by a subcontractor. This clause applies to both DBE
and non-DBE subcontractors.
2. No retainage will be held by the agency from progress payments due the prime
contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid
in full to the earning subcontractor in 30-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.
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Local Assistance Procedures Manual EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
3. The agency shall hold retainage from the prime contractor and shall make prompt and
regular incremental acceptances of portions, as determined by the agency of the contract
work and pay retainage to the prime contractor based on these acceptances. The prime
contractor or subcontractor shall return all monies withheld in retention from all
subcontractors within 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.
XIV Local Assistance Procedures Manual
The RECIPIENT will advertise, award and administer DOT-assisted contracts in accordance with
the most current published Local Assistance Procedures Manual (LAPM).
XV Bidders List (§26.11)
The RECIPIENT will create and maintain a bidders list, consisting of information about all DBE and
non-DBE firms that bid or quote on its DOT-assisted contracts. The bidders list will include the
name, address, DBE/non-DBE status, age, and annual gross receipts of the firms.
XVI Reporting to the DLAE
RECIPIENT will promptly submit a copy of the Local Agency Bidder-DBE Information (Exhibit 15-G
or Exhibit 10-O of the LAPM) to the DLAE at the time of execution of consultant or construction
contract award.
RECIPIENT will promptly submit a copy of the Final Utilization of DBE participation to the DLAE
using Exhibit 17-F of the LAPM immediately upon completion of the contract for each consultant or
construction contract.
XVII Certification (§26.83(a))
RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification
Program will participate as DBEs on DOT-assisted contracts.
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Local Assistance Procedures Manual EXHIBIT 9-A
Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
XVIII Confidentiality
RECIPIENT will safeguard from disclosure to third parties, information that may reasonably be
regarded as confidential business information consistent with federal, state, and local laws.
Date:
Raymond R. Patchett - City Manager
Phone Number: (760) 434-2821
This California Department of Transportation's Disadvantaged Business Enterprise Program Plan
Implementation Agreement is accepted by:
Date:
[Signature of DLAE]
[Print Name of DLAE]
Distribution: (1) Original -DLAE DBE Race-neutral Implementation Agreement for Local Agencies (05/01/06)
(2) Copy-local agency after signing by DLAE
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Disadvantaged Business Enterprise Race-Neutral
Implementation Agreement for Local Agencies
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Local Assistance Procedures Manual EXHIBIT 9-B
DBE Annual Submittal Form
Exhibit 9-B Local Agency DBE Annual Submittal Form
TO: 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
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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
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