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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 tf U D D O CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES n a D D Page 2 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. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of September , 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: 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. 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of September , 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: 0»««IIII,,, E M. WOOD, City Cle Local Assistance Procedures Manual EXHIBIT 9-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 LPP 06-01 Page 1-9 July 1,2006 -, 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. LPP 06-01 Page 2- 9 July 1,2006 q 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. LPP 06-01 Page 3- 9 July 1,2006 ft 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. Page 4- 9 LPP 06-01 July 1, 2006 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. LPP 06-01 Page 5- 9 July 1,2006 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. Page 6- 9 LPP 06-01 July 1,2006 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. LPP 06-01 Page 7- 9 July 1,2006 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 Page 8- 9 LPP 06-01 July 1,2006 Local Assistance Procedures Manual EXHIBIT 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies LPP 06-01 Page 9- 9 July 1,2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form Exhibit 9-B Local Agency DBE Annual Submittal Form TO: CALTRANS DISTRICT 11 District Local Assistance Engineer The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented herein, in accordance with Title 49 of the Code of Federal Regulations, Part 26, and the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan. The City of Carlsbad, submits our AADPL information. We have established an AADPL of 15 % for the Federal Fiscal Year 2006/2007, beginning on October 1, 2006, and ending on September 30, 2007. Methodology The overall participation availability methodology is a two-step process as described in 49 CFR Part 26, Section 26.45. This two-step process is intended to provide evidence of the availability of ready, willing and able DBE's that meet the criteria to participate on DOT assisted contracts based upon each agency's relevant market conditions. Stepl Step 2 A tabular list of all NAICS Codes applicable to typical Street Road, construction was created. Each NAICS code provides the number of available certified DBE and the number of CBP Business listed in a separate column. Calculation of the DBE percentage (base figure) by dividing the total number of available certified DBE's by the total number of CBP business listed in 2003. See attachment Exhibit Projected DBE Participation for FY 2006-2007 The breakout of potential DBE participation on Federal DOT-assisted contracts is based on the following projects: Coastal Rail Trail Phase II Construction Carlsbad Boulevard Bridge over RR Retrofit Carlsbad Boulevard Bridge over RR Concrete Barrier Carlsbad Boulevard Bridge over Encinas Creek Carlsbad Boulevard Bridge at Encina Power Plant Rancho Santa Fe Road Mitigation Construction Bridge Preventative Maintenance Program Average 14.1% 15.8% DBE Participation 15.8% DBE Participation 13.1% DBE Participation 13.1% DBE Participation 13.1% DBE Participation 13.8% DBE Participation 0.2% DBE Participation LPP 06-01 Page 1 of 6 July 1,2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form Disparity Study The City of Carlsbad is not aware of any current disparity studies within the City's jurisdiction for consideration in the goal-setting analysis and/or adjustment. Breakout of Anticipated Annual DBE Participation Level • The City estimates the overall AADPL of 15% will be met through race-neutral participation. Disadvantaged Business Enterprise Liaison Officer (DBELO) The City of Carlsbad has designated the following individual as the Disadvantaged Business Enterprise Liaison Officer (DBELO): Steven C. Jantz, Associate Engineer, City of Carlsbad, Public Works Department, Engineering Division, 1635 Faraday Avenue Carlsbad, California, 92008. Phone Number (760) 602-2738, Fax Number (760) 602-8562, e-mail address, siant@ci.carlsbad.ca.us. The DBELO is responsible for implementing all aspects of the DBE program and ensuring the City of Carlsbad complies with all provisions of 49 CFR Part 26. Prompt Pay Federal regulation (49 CFR 26.29) requires one of three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage, kept by the prime contractor or subcontractor, to a subcontractor. Attached is a listing of the three methods. On the attachment, please designate which prompt payment provisions the local agency will use.) Submitte^ by: Glenn Pruim - Public Works Director Date (760) 602-2730 Phone Number Reviewed by Caltrans: (Signature of Caltrans District Local Assistance Engineer [DLAE]) Date Distribution: (1) Original -DLAE DBE Annual Submittal Form (05/01/06) (2) Copy-local agency after signing by DLAE Page 2 of 6 LPP 06-01 July 1,2006 prj Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form (Attachment) Prompt Payment of Withheld Funds to Subcontractors Federal regulation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Please check the box of the method chosen by the local agency to ensure prompt and full payment of any retainage. n No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors D No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30-days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. £<] The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. LPP 06-01 Page 3 of 6 July 1, 2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form EXHIBIT A CITY OF CARLSBAD FY 2006-2007 DOT-ASSISTED PROJECTS ESTIMATED DBE PARTICIPATION FOR FUTURE PROJECTS COASTAL RAIL TRAIL CONSTRUCTION (Phase II) Description Clearing & Grubbing Grading Erosion Control Irrigation System Aggregate Base Paving Asphalt Minor Concrete Structure Reinforcing Concrete Pipe UCP NAICS 237310 CENSUS NAICS 23711 23891 23899 23731 DBEs 132 All Firms 835 Availability 15.8% Project Cost $2,788,417.50 Bid Item Amount $192,500 $520,712 $125,812 $144,375 $61,875 $215,187 $1,507,330 $20,625 $2,788,417 DBE Contract Amount $30,415 $82,273 $19,878 $22,811 $9,776 $34,000 $238,158 $3,258 $440,570 DBE Goal fc l£ '' iSJ? 15.8% CARLSBAD BOULEVARD SEISMIC RETROFIT CONSTRUCTION Description Grading Erosion Control Reinforcing Concrete Pipe UCP NAICS 237310 CENSUS NAICS 23711 23891 23731 DBEs 132 Alt Firms 835 Availability 15.8% Project Cost $1,000,000.00 Bid Item. Amount $662,600 $5,000 $13,720 $681,320 DBE Contract Amount $104,690 $790 $2,168 $107,648 DBE Goal Li 15.8% CARLSBAD BOULEVARD BRIDGE OVER RR CONCRETE BARRIER REPAIR Description Professional Services (PE & CE) Construction UCP NAICS 541330 237310 CENSUS NAICS 541330 23731 PBEs 231 AH Firms 1763 Availability 13.1% Project Cost $191,000 Bid Item Amount $41,000 $150,000 $191,000 DBE Contract Amount $5,370 $19,650 $25,020 DBE Goal W^^^^^m 13.1% CARLSBAD BOULEVARD BRIDGE OVER ENCINAS CREEK Description Professional Services (PE & CE) Construction UCP NAICS 541330 237310 CENSC/S'* NAICS 541330 23731 DBEs 231 All Firms 1763 >f ' Availability 13.1% Project Cost $2,219,250 Bid Item Amount $ 538,000 $1,681,250 $2,219,250 DBE Contract Amount $70,478 $220,244 $290,722 DBE Goal 13.1% RANCHO SANTA FE ROAD WETLAND MITIGATION CONSTRUCTION Description Grading Landscape and Irrigation System UCP NAICS 237310 CENSUS NAICS 23411 23593 DBEs 49 All Firms 355 Availability 13.8% Project Cost $2,000,000 Bid Item DBE Contract DBE Amount Amount Goal $1,345,000 $655,000 $2,000,000 $185,610 $90,390 $276,000 m 13.8% LPP 06-01 Page 4 of 6 July 1,2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form CARLSBAD BOULEVARD BRIDGE AT ENCINA POWER PLANT Description* - Professional Services (PE & CE) Construction NAILS' 541330 237310 ;"flt 541330 23731 pT ;i k t"1 ^DIK^t 231 - AlVnhs • 1763 ^aWKV 13.1% ''ProjactC^si $1,300,000 Professional Services (PE & CE) )*$$* 541690 BRIDGE F 541690 ; r-£^-' $ 420,000 $880,000 $1,300,000 DBE Contract Amount $55,020 $115,280 $170,300 DBE Goal 13.1%1 >REVENTATIVE MAINTENANCE PROGRAMm 5 :<Apyiir* J*fctrf*4* ^ 382 .15% -*»1 * :v*ffti P f oJc^Jt C0$t •»• $100,000 " Amount , $95,000 DBE Contract Amo'utrt - $0.00 DBE Goal 0.15% TOTAL ALL PROJECTS $9,274.987 $1,310.982 14.1% LPP 06-01 Page 5 of 6 July 1, 2006 Local Assistance Procedures Manual EXHIBIT 9-B DBE Annual Submittal Form LPP 06-01 Page 6 of 6 July 1,2006 a.t DBE ORGANIZATIONAL CHART EXHIBIT "B" CITY OF CARLSBAD PUBLIC WORKS DIVISION ENGINEERING DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA. 92008 CITY COUNCIL CITY MANAGER RAYPATCHETT (760) 434-2821 rpatc@ci. carlsbad. ca.us PUBLIC WORKS DIRECTOR GLENN PRUIM (760) 602-2730 gpruiOci. carlsbad. ca. us CITY ENGINEER SKIPHAMMANN (760) 602-2407 shammQci. carlsbad. ca. us DEPUTY CITY ENGINEER DAVID MAUSER (760) 602-2739 dhaus@ci. carlsbad. ca. us ASSOCIATE ENGINEER STEVEN JANTZ (760) 602-2738 sjan t@ci. carlsbad. ca. us ~I | 2 2