tables, chairs, rugs, storage cabinets and large material orders to spend the funds and meet the requirement of receiving the items by the end of the fiscal year.
Annually, an Open Purchase Order is established with Lakeshore Learning Materials to utilize for the aforementioned purchases with a cap of $25,000. Lakeshore is one of the largest retail supplier of educational materials and supplies and they have a storefront in San Bernardino, therefore the funds stay in the County. The cap has been reached for this fiscal year, requiring a request to extend the amount to $100,000, in order to purchase a variety of materials and supplies, as well as classroom furniture.
City Staff have researched costs for all major retailer of educational supplies including Discount School Supplies, S&S Worldwide, and Kaplan Early Learning Company. Lakeshore prices are aligned with other manufacturers, however the materials and supplies are consistently superior, the customer service is unrivaled, and CDE/CDSS contractors are provided free shipping.
Further, they are the only retailer for “Flex Space Furniture”, which is commercial grade, early education furniture, which is intended to be a large portion of the purchases.
Colton Municipal Code 3.08.080(c) requires that aggregate purchases exceeding $50,000 and less than $100,000 in a fiscal year be awarded by City Council pursuant to the non-public project informal bidding procedure. However, Section 3.08.140(C) of the City's purchasing ordinance permits the City to determine that a competitive bid process has already been completed if “a competitive bid procedure has been conducted by another public agency (e.g., through CMAS or GSA) and the price to the City is equal to or better than the price to that public agency.” San Bernardino City Unified School District and the San Bernardino County Superintendent of Schools have Bid agreements in place, which the City of Colton can piggyback for purchases with Lakeshore Learning Materials for the four ECE locations.
Staff request Council approve the additional expenditures in order to utilize the funds by the deadline.
FISCAL IMPACTS
Sufficient appropriations are available in the adopted FY2022-23 budget in Early Care & Education Fund School Age Instructional Supplies Account Number 206-7200-7202-2304-0000- 000 and Early Care & Education Fund State Preschool Instructional Supplies Account Number 206-7200-7203-2304-0000-000.
ALTERNATIVES
1. The City Council may provide alternative direction to staff.
ATTACHMENT
1. Lakeshore Benefits Letter - City of Colton
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Staff Report to the Mayor and City Council
Change Order - Lakeshore Learning Materials
June 20, 2023
2. City of Colton - Piggyback Letter using SBCUSD Bid No. 22-17
3. Bid No. 22-17 - Lakeshore Agreement
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Packet Pg. 1141 Attachment: Lakeshore Benefits Letter - City of Colton (4071 : Change Order - Lakeshore Learning Materials) May 19, 2023
City of Colton
Attn: Christopher M. Rymer
650 N La Cadena Dr.
Colton, CA 92324
RE: San Bernardino City Unified School District Bid No. 22-17 for Outdoor, Office, and Classroom Furniture
Dear Christopher M. Rymer and City of Colton Staff,
Lakeshore is pleased to invite the City of Colton to utilize our awarded bid with San Bernardino City Unified School District Bid No. 22-17 for Outdoor, Office, and Classroom Furniture, which permits piggybacking. Below is the information for this bid and attached is Lakeshore’s award notice and original bid submission for your records. Please be sure to reference the bid number on your purchase orders to receive the discount and freight terms.
Agency Name: San Bernardino City Unified School District Bid/Agreement Number & Name: Bid No. 22-17 for Outdoor, Office, and Classroom Furniture Terms: 6% Discount, no minimum purchase amount / Free Freight on all orders in the contiguous U.S., no minimum purchase amount Expiration Date: 1/4/2024
Please let me know if you have any questions. We appreciate the City of Colton’s s continued partnership with Lakeshore.
Sincerely,
Johanna Lopez
Bid Analyst
Lakeshore Learning Materials
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Packet Pg. 1226 Attachment: Bid No. 22-17 - Lakeshore Agreement (4071 : Change Order - Lakeshore Learning Materials) ITEM NO. 16
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE RESOLUTION AUTHORIZING THE ANNUAL
ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) FOR
FEDERAL FISCAL YEAR 2023/2024, RESOLUTION NO. R-58-23
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Resolution No. R-58-23 (Exhibit A) authorizing the Federal Fiscal Year 2023/2024 Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) of 14.3% and the methodology that is presented herein; and,
2. Authorize the City Manager or his Designee to execute the DBE Annual Submittal Forms.
BACKGROUND
In 1984, City Council first adopted the Disadvantaged Business Enterprise (DBE) Program as required by 49 CFR Part 26. The program defines disadvantaged businesses and percentage goals for federally funded or assisted public works contracts to be awarded each year. The California Department of Transportation (Caltrans) has been entrusted with local agency oversight responsibility for DBE implementation since 1999, and as such, has the responsibility of overseeing Colton’s DBE Program. The DBE Program is intended to remedy past and current discrimination against DBEs, ensure a level playing field, and foster equal opportunity in federal-aid contracts.
On June 29, 2012, California Department of Transportation (Caltrans) announced that the U.S.
Department of Transportation (US DOT) has informed Caltrans that the Disadvantaged Business Enterprise (DBE) program waiver granted on August 7, 2008, has been rescinded. That waiver 16 Packet Pg. 1227
Staff Report to the Mayor and City Council
DBE Participation Level - Federal Fiscal Year 2023/2024 June 20, 2023
allowed race-conscious (RC) contract goals to be limited to African Americans, Asian Pacific Americans, Native Americans, and Women. With rescission of the waiver, contract goals for federally funded projects authorized on and after July 1, 2012, must include all DBE groups (African Americans, Asian Pacific American, Native American, Women, Hispanic American, and Subcontinent Asian American and any other groups whose members are certified as socially and economically disadvantaged). This is referred to as the New RC DBE Program.
ISSUES/ANALYSIS
On May 19, 2009, the City Council approved the Race-Conscious Implementation Agreement with Caltrans. The City is now required to annually submit the AADPL calculation and methodology for Caltrans’ approval. The DBE methodology and calculation used to determine the AADPL together with the DBE implementation agreement, and the American with Disabilities Act (ADA) annual certification form are attach as exhibit to Resolution No. R-58-23.
Public Works staff identified three (3) federally-funded transportation projects that are expected to be awarded for engineering and construction phase during the 2023/2024 Federal Fiscal Year (October 1, 2023 to September 30, 2024). These projects are as follows:
1. La Cadena Drive (over Santa Ana River) Bridge Replacement Project ($20,236,258) –Construction Phase
2. Mt. Vernon Avenue (over UPRR) Bridge Widening Project ($17,479,676) – Construction Phase.
3. Safe Streets for All-SS4A ($90,000) – Preparation of road safety plan.
To calculate the New RC DBE, the total number of DBEs within each project’s market area from the Caltrans DBE database is compared to the total number of businesses (DBE and non-DBE) performing the same services based on information from the US Census Bureau database. The market areas vary by project and were selected by determining the location of the bidders for similar projects within the past several years. Using the projects’ race-conscious percentage, a weighted average was calculated to determine the City of Colton’s AADPL for Federal Fiscal Year 2023/2024. The results of the calculations are as follows:
AADPL = New Race-Conscious DBEs = 14.3 %
After the City Council approval, the Fiscal Year 2023/2024 AADPL and methodology will be submitted to Caltrans. The City will use every opportunity to implement good faith effort to meet the New RC DBE goal of 14.3% for projects with federal funding.
FISCAL IMPACTS
There is no fiscal impact associated with this recommendation. However if the DBE goal is not approved, the City may become ineligible for federal grants obtained to date and any future federal grant funding application. An approved DBE goal is also necessary for project authorization and reimbursement of any projects with federal funding.
ALTERNATIVES
16 Packet Pg. 1228
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1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Resolution FY 23-24 DBE
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RESOLUTION NO. R-58- 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
APPROVING THE ANNUAL ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) FOR FEDERAL FISCAL YEAR 2023/2024 AND AUTHORIZING THE
CITY MANAGER OR HIS/HER DESIGNEE TO SIGN THE DBE ANNUAL SUBMITTAL FORM ON BEHALF OF THE CITY OF COLTON.
WHEREAS, the City of Colton intends to apply for Federal-Aid projects related to transportation, streets, and roads; and
WHEREAS, to be eligible for such Federal-Aid projects, the Federal Highway Administration and the California Department of Transportation (Caltrans) requires agencies to implement Caltrans' New Race-Conscious Disadvantaged Business Enterprises (DBE) Program; and
WHEREAS, Exhibit 9A (DBE Implementation Agreement), Exhibit 9B (DBE Annual Submittal Form) and Exhibit 9C (ADA Annual Certification Form) as attached on this resolution are required Disadvantaged Business Enterprise (DBE) Annual Submittal Forms provided by Caltrans that meets their requirements and the City Council wishes to meet the requirements of the Federal and State authorities and promotes the inclusion of Disadvantaged Business Enterprises in said projects; and
WHEREAS, the City Council approved the attached Exhibits as the City of Colton’s Disadvantaged Business Enterprise (DBE) Annual Submittal Form for Federal Fiscal Year 2023/2024.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recital preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 The City Council City Council approves the Federal Fiscal Year 2023/2024 Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) and authorizes the City Manager or his designee to sign the Disadvantaged Business Enterprise (DBE) Annual Submittal Forms for Federal Fiscal Year 2023/2024 on behalf of the City of Colton.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2023. _______________________________
FRANK J. NAVARRO
Mayor
ATTEST:
___________________________
STEPHANIE VARGAS
Deputy City Clerk
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Packet Pg. 1231 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
Exhibit 9-A: DBE Implementation Agreement for Local Agencies
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) IMPLEMENTATION AGREEMENT For the City of ____Colton___________________, hereinafter referred to as “SUB-RECIPIENT.” I. Definition of Terms
The terms used in this agreement have the meanings defined in 49 CFR 26.5.
II. Objective/Policy Statement (49 CFR 26.1 and 26.23)
SUB-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, SUB-RECIPIENT will sign the California Department of Transportation Disadvantaged Business Enterprise Implementation Agreement (hereinafter referred to as Agreement). SUB-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 26 requirements.
It is the policy of SUB-RECIPIENT to ensure that DBEs, as defined in 49 CFR 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also SUBRECIPIENT’s policy:
• To ensure nondiscrimination in the award and administration of DOT-assisted contracts. • To create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts.
• To ensure that the DBE participation percentage is narrowly tailored, in accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBEs.
• To help remove barriers to the participation of DBEs in Federal-aid contracts. • To assist the development of firms that can compete successfully in the market place outside the DBE Program.
III. Nondiscrimination (49 CFR 26.7)
SUB-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 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, SUBRECIPIENT 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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Packet Pg. 1232 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
IV. Annual DBE Submittal Form (49 CFR 26.21)
SUB-RECIPIENT will provide to the Caltrans District Local Assistance Engineer (DLAE) a completed Local Agency DBE Annual Submittal Form (Exhibit 9-B), by June 30 of each year for the following Federal Fiscal Year (FFY). This form must include the name, phone number, email address of the designated Disadvantaged Business Enterprise Liaison Officer (DBELO), and the choice of Prompt Pay Provision to be used by SUB-RECIPIENT for the following FFY.
V. Race-Neutral Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR
26.51(a))
Caltrans expects SUB-RECIPIENT to meet the maximum feasible portion of Caltrans Overall Statewide Annual DBE Goal through race-neutral means of facilitating DBE participation. Raceneutral DBE participation includes when a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its DBE status in making the award (e.g., a prime contractor that uses a strict low-bid system to award subcontracts). Race-neutral means include, but are not limited to, the following:
1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate the participation of DBE and other small businesses (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces);
2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs and other small businesses obtain bonding and financing);
3. Providing technical assistance and other services;
4. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs and other small businesses on SUB-RECIPIENT mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of 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 types 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 historically been low;
8. Ensuring distribution of your DBE directory through print and electronic means to the widest feasible universe of potential prime contractors; and
16.a
Packet Pg. 1233 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
9. Assisting DBEs and other small businesses to develop their capability to utilize emerging technology and conduct business through electronic media.
VI. Race-Conscious Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR
26.51(d))
SUB-RECIPIENT must establish DBE contract goals to meet any portion of Caltrans Overall Statewide Annual DBE Goal that cannot be achieved through race-neutral means.
VII. Quotas (49 CFR 26.43)
SUB-RECIPIENT will not use quotas or set-asides in any way in the administration of the Local Agency component of the DBE Program Plan.
VIII. DBE Liaison Officer (DBELO) (49 CFR 26.25)
SUB-RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE Program Plan as it pertains to the SUB-RECIPIENT, and ensures that the SUB-RECIPIENT is fully and properly advised concerning DBE Program Plan matters. [Specify resources available to the DBELO; e.g., the DBELO has a staff of two professional employees assigned to the DBE program on a full-time basis and two support personnel who devote a portion of their time to the program.] The name, address, telephone number, email address, and an organization chart displaying the DBELO’s position in the organization are found in Attachment 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 SUB-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 DBE contract goals.
4. Ensures that 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 raceneutral 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.
A
16.a
Packet Pg. 1234 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
IX. Federal Financial Assistance Agreement Assurance (49 CFR 26.13) Each agreement SUB-RECIPIENT signs with Caltrans must include the following assurance:
The SUB-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 26. The SUB-RECIPIENT shall take all necessary and reasonable steps under 49 CFR 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The SUB-RECIPIENT’s DBE Program, as required by 49 CFR 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 SUB-RECIPIENT of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under 49 CFR 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.).
Each contract Sub-recipient signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following 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 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 the Sub-recipient deems appropriate.
X. DBE Financial Institutions (49 CFR 26.27)
SUB-RECIPIENT must 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.
XI. Directory (49 CFR 26.31)
SUB-RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program’s website.
XII. Required Contract Clauses (49 CFR 26.13 and 26.29) For the purpose of this section, contractor also means consultant, and subcontractor also includes subconsultant. For prompt payment, the following State regulations are referenced: the California Business and Professions Code (CBPC), California Public Contract Code (CPCC) and California Civil Code (CCC).
SUB-RECIPIENT ensures that the following clauses or equivalent will be included in each DOTassisted prime contract:
16.a
Packet Pg. 1235 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
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 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 SUBRECIPIENT deems appropriate.
NOTE: This language is to be used verbatim, as is stated in Exhibit 12-G: Required Federalaid Contract Language. See also 49 CRF 26.13(b).
B. Prompt Payment
Prompt Progress Payment to Subcontractors
The Local Agency shall require contractors and subcontractors to pay their subcontractors within seven (7) days for construction contracts, and within fifteen (15) days for consultant contracts, after receiving each progress payment. Any delay or postponement of payment may take place only for good cause and with the Local 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 CBPC and Section 10262 of the CPCC for construction contract, and Section 3321 of the CCC for consultant contract. 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 ensure prompt and full payment of retainage from the prime contractor to the subcontractor within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed and accepted. This shall be accompanied by including; 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 Local 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 Local 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 CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. 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.
16.a
Packet Pg. 1236 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
2. No retainage will be held by the Local Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Local 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 CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. 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.
3. The Local Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Local 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 seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Local Agency. Any delay or postponement of payment may take place only for good cause and with the Local 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 CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. 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.
Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. 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.
XIII. Local Assistance Procedures Manual (LAPM)
The SUB-RECIPIENT will advertise, award and administer Federal-aid contracts in accordance with the current Local Assistance Procedures Manual (LAPM) including Forms and Exhibits.
16.a
Packet Pg. 1237 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
XIV. Vehicle Manufacturers/Specialized Equipment (§26.49) If Federal-aid contracts will include vehicle/specialized equipment procurements, SUBRECIPIENT will require each vendor, as a condition of being authorized to bid or propose on vehicle/specialized equipment procurements, to certify that it has complied with the requirements of 49 CFR 26.69.
XV. Reporting to the DLAE
SUB-RECIPIENT will promptly submit a copy of the Consultant Proposal DBE Commitment (Exhibit 10-O1) at the time of award of the consultant contract.
SUB-RECIPIENT will promptly submit a copy of Consultant Contract DBE Information (Exhibit 10-O2) or the Local Agency Bidder DBE Commitment (Construction Contracts) (Exhibit 15-G) to the DLAE within 30 days after execution of consultant or construction contract.
SUB-RECIPIENT will promptly submit a copy of the Final Report-Utilization of DBE, First-Tier Subcontractors (Exhibit 17-F) of the LAPM, immediately upon completion of each consultant or construction contract.
XVI. Certification (§26.83(a))
SUB-RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program (CUCP) will participate as DBEs on Federal-aid contracts.
XVII. Confidentiality
SUB-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.
XVIII. Prompt Payment from the Local Agency to the Contractors (California Public Contract Code §20104.50)
The Local Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Local Agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the Local Agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
16.a
Packet Pg. 1238 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual Exhibit 9-A
DBE Implementation Agreement for Local Agencies
September 2020
By: _________________________________________ Date: _____________________________ (Signature)
__William R. Smith, City Manager_____________ Phone #: _(909) 370-5051_______________ (Print Name and Title)
ADMINISTERING AGENCY
(Authorized Governing Body Representative)
This California Department of Transportation’s Disadvantaged Business Enterprise Program Implementation Agreement is accepted by:
_________________________________________ Date: _____________________________ (Signature of DLAE)
_________________________________________
(Print Name of DLAE)
Distribution: (1) Original – DLAE
(2) Signed copy by the DLAE – Local Agency
16.a
Packet Pg. 1239 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Attachment A
CITY OF COL TON
PUBLIC WORKS/ ENGINEERING DIVISION
ORGANIZATIONAL CHART
'
\..
Project Manager
Vacant
Utilities Engineer
Jess Sotte, P £
DBELO:
Victor Ortiz, PE
Asst. PW Director/City Engineer.
160 S. 10th St., Colton, CA 92324
Tel. (909) 514-4210
[email protected]
PW/UTILITIES DIRECTOR
BRIAN DICKINSON
ASST. PW DIR./CITY ENGINEER
Victor Ortiz, PE - DBELO
Associate Engineer
Moises Pera1t9, EIT
'I
..I
..I
PW Inspector
Carlos Esquer
Engineering Assistant
Lodi Josef
16.a
Packet Pg. 1240 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form
4 January 2023
Exhibit 9-B: Local Agency DBE Annual Submittal Form
TO: CALTRANS DISTRICT 8
District Local Assistance Engineer
The information for Exhibit 9-B presented herein is in accordance with Title 49 of the Code of Federal Regulations (CFR), Part 26, and the State of California Department of Transportation (Caltrans) Disadvantaged Business Enterprise (DBE) Program Plan.
The City of ___Colton_________________________________________________________________ submits our annual 9-B information for the Federal Fiscal Year 2023 / 2024, beginning on October 1 and ending on September 30.
Disadvantaged Business Enterprise Liaison Officer (DBELO) Victor Ortiz, P.E.
Public Works Department
160 South 10th Street
Colton CA 92324
Tel. (909) 370-5065
Fax (909) 370-5072
Email [email protected]
Planned Race-neutral Measures
The City of Colton plans to implement for the upcoming Federal Fiscal Year 2023/2024 per 49 CFR 26.51 and Section V of the Caltrans DBE Program Implementation Agreement for Local Agencies by advertising all the projects with local and regional newspaper, and trade journals indicating the DBE requirement of the projects. The City also plans to hold mandatory pre-bid meetings when necessary to ensure compliance with all DBE requirements of the projects.
The City of Colton utilized the 2021 Census Bureau Data, CUCP DBE Directory, and all Federal Funded Projects expected to be completed for FY 2023/2024 to establish the AADPL for Federal Fiscal Year FY 2023/2024. We have established an AADPL of 14.3% for New Race-Conscious (RC) DBE (Please see attachment identifying the methodology used to determine the AADPL and calculations to determine the DBE Goal).
Prompt Pay
49 CFR 26.29(b) 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 provision the Local Agency will use.)
Prompt Pay Enforcement Mechanism
49 CFR 26.29(d) requires providing appropriate means to enforce prompt payment. These means may include appropriate penalties for failure to comply with the terms and conditions of the contract. The means may also provide that any delay or postponement of payment among the parties may take place only for good cause with the Local Agency’s prior written approval. Please briefly describe the monitoring and enforcement mechanisms in place to ensure that all subcontractors, including DBEs, are promptly paid.
The City's monitoring and enforcement mechanism is in- place to ensure that all subcontractors, including DBEs, are promptly paid include the following:
• Establish a contract clause that requires prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment from the agency. • Establish a contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes.
16.a
Packet Pg. 1241 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form
4 January 2023
• Establish a contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.
(Signature) (Date)
William R. Smith, City Manager (909) 3705051
(Print Name and Title) (Phone Number)
ADMINISTERING AGENCY
(Authorized Governing Body Representative)
(Signature of Caltrans District Local Assistance Engineer) (Date) Distribution: (1) Original – DLAE
(2) Signed copy by the DLAE – Local Agency
16.a
Packet Pg. 1242 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form
4 January 2023
(Attachment)
Prompt Payment of Withheld Funds to Subcontractors
Federal regulation (49 CFR 26.29(b)) 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.
A&E CON
Method 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 and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. 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.
A&E CON
Method 2: No retainage will be held by the agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in seven (7) days for construction contracts and fifteen (15) days for consultant contracts 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 and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. 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.
A&E CON
Method 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 seven (7) days for construction contracts and fifteen (15) days for consultant contracts 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 or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts.
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.
Xx
X
□
□□
□
16.a
Packet Pg. 1243 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Methodology
The process for establishing the Annual Anticipated DBE Participation Level (AADPL) was derived from data gathered from the U.S. Census Bureau - 2021 County Business Patterns (NAICS) and California Department of Transportation (Caltrans) Civil Rights Program. The data was gathered based upon four counties in which City of Colton lies and neighbors. These four counties include Los Angeles, Orange, Riverside, and San Bernardino, in the State of California.
The U.S. Census Bureau's Economic Census and the County Business Patterns contain all business and minority business data which are to be compiled as of the latest published version. For the purpose of calculating the City's overall DBE goal, we used these neighboring counties as the market area. Those jurisdictions and municipalities most closely reflect the same jurisdictions where businesses are located that typically participate in the bid process for DBE projects awarded by the City of Colton. Also, in researching the most reliable sources of data available to complete our calculations, it was discovered that the best data could be obtained for the jurisdictions and municipalities contained in these areas.
In order to establish the City of Colton's base figure reflecting the relative availability of DBEs in relation to all comparable firms available to participate in the City's DOT assisted and other federally funded contracts. The City elected to use the Directory of Certified Firms with Census Bureau Data methodology. The strategy used to determine DBE availability involved a multi-step process. First, we identified the major work types (North American Industrial Classification System - NAICS) for the contracts anticipated for award in the upcoming fiscal year. Second, using the United States Census Bureau's 2021 County' Business Patterns data, we identified the businesses located in the counties noted for which data was available and recorded the number of businesses found for each work type. This particular database was used because it contained the most recent information available for counting the number of businesses located in the jurisdiction for each work type. Then, using Caltrans' database of DBE firms, we queried DBE firms for the appropriate NAICS codes and license type. Using that list, we identified the DBE firms ready, willing and able to perform services in our market area. Projected DOT and Federally assisted contracts by work type and NAICS Code For FY 2023/2024, we took the dollar value of work related to each work type (from the chart of federal DBE projects anticipated for award for the fiscal year) and calculated the percentage of federal funds applicable to each work type. Then, using Caltrans' Directory of Certified firms, we determined the availability of DBE firms for each work type by dividing the number of DBEs in the directory by the number of firms found in the census bureau data for each work type. Using the same Caltrans directory, Disadvantage Business Enterprise (DBE) Male firms (African Americans, Asian Pacific American, Native American, Hispanic American, and Subcontinent Asian American and any other groups whose members are certified as socially and economically disadvantaged), and women owned firm were further set aside to calculate for the Race Neutral DBE. AADPL calculations for New Race Neutral DBEs are shown on the succeeding page.
16.a
Packet Pg. 1244 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Counties 237310 238210 541330 541370 541380
Highway Electrical Engineering Surveying Geo. Testing
Los Angeles 75 2178 1754 71 206
Orange 69 905 1235 48 149
Riverside 59 649 298 39 37
San Bernardino 47 453 237 29 38
Total Establishment 250 4185 3524 187 430
FY 2023-2024 Annual DBE Submittal
Establishment Located in Market Area
From U.S. Census 2020 County Business Patterns (NAICS)
16.a
Packet Pg. 1245 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year NAICS Code - Trade/Work
Working in MA Located in MA Working in MA Located in MA Working in MA Located in MA 237310 - Highway 60 13 162 29 222 42
238210 - Electrical 36 6 124 17 160 23
541330 - Engineering 138 16 306 27 444 43
541370 - Surveying 29 6 51 15 80 21
541380 - Lab. Testing 29 4 43 13 72 17
Total 292 45 686 101 978 146
FY 2023-2024 Annual DBE Submittal
DBE Female DBE Male All DBE Firms
From Caltrans DBE Website
16.a
Packet Pg. 1246 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year Projects 237310 238210 541330 #541370 #541380 Total
Highway & Bridges Electrical Engineering Surveying Geotech/Testing 1 La Cadena Bridge (Santa Ana River) Replacement $ 16,929,355.00 $ 450,000.00 $ 2,606,903.25 $ 130,000.00 $ 120,000.00 20,236,258.25 2 Mt. Vernon Bridge over UPRR Widening $14,681,892.50 $ 370,000.00 $ 2,257,783.88 $ 90,000.00 $ 80,000.00 17,479,676.38 3 Safety Streets For All (SS4A) Plan $ 90,000.00 90,000.00 Total $ 31,611,247.50 $ 820,000.00 $ 4,954,687.13 $ 220,000.00 $ 200,000.00 $ 37,805,934.63 Weighted % 0.836 0.022 0.131 0.006 0.005 1.00
FY 2023-2024 Annual DBE Submittal
NAICS Code
16.a
Packet Pg. 1247 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) (A) Total Establishment Located in
Market Area (from CBP table)
All Female DBE Firms Working in
Market Area (from CUCP
Female DBE Located in Market
Area
All Male DBE Firms Working in
Market Area (from CUCP
Male DBE Located in Market
Area
Total DBE Firms Working in
Market Area (from CUCP
(C) Total DBE Firms Located in
Market Area (from CUCP
(D) Weight
C C C C C
A A A A A
42 23 43 21 17
250 4185 3524 187 430
= (( ) + ) + ( ) + ( ) + ( ))x 100%
=
FY 2023-2024 Annual DBE Submittal
NAICS CODES
X 0.005 )) x
X D )) x 100%
100%
#541380
Geo. Testing
430
29 4
43 13
72 17
0.005
#541380
#541330 #541370
Engineering
#541330 #541370
X D
X 0.006
0.0007
)+(
)+(
Surveying
3524 187
138
21 X D )+(
X 0.131 )+(
0.0016 0.0002
29 16 6
306 51
0.131 0.006
27 15
444 80
43 #238210
160
X D )+(
42 23
0.836 0.022
=
14.3%
(( X )+(
0.1405 0.0001
0.836 X 0.022 )+(
#237310
Highway/Bridge
#238210
Electrical
#237310
29 AADPL = New RC DBE =
250 4185
60 36
13 6
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162
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17 124
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Packet Pg. 1248 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
January 2020
EXHIBIT 9-E SAMPLE EVALUATION OF GOOD FAITH EFFORTS
M e m o r a n d u m
To: PROJECT FILE Date: Month XX, XXXX
Federal-Aid Project Number:
Bid Opening Date: Month XX, XXXX
Bidder: [Contractor/Consultant Name]
Type of Work: [General Description of Work]
Bid Amount: [$ Award Amount]
From: [Name of Agency]
Subject: Evaluation of Good Faith Efforts
The [Name of Agency] established a Disadvantaged Business Enterprise (DBE) goal of XX percent for this contract. The bidder commits [count only qualifying DBE participation] XX percent DBE participation.
The [Name of Agency]’s evaluation of the apparent low bidder’s Good Faith Efforts is based on Section 9.9 of the Local Assistance Procedures Manual and Appendix A in Part 26 of Title 49 of the Code of Federal Regulations. The efforts of the bidder were reviewed by the [Name of Agency or department] from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts signed and submitted by [Name of Low Bidder].
The [Name of Agency] determined that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.
EVALUATION
A. Items of work the bidder made available to DBE firms [Describe the work and approximate dollar amount, as a percentage of total work, made available to DBEs by the Low Bidder. If the bidder did not make enough work available to meet the goal, the bidder definitely did not make adequate efforts to meet the goal. The amount of work made available relative to the goal is generally positively correlated with the adequacy of the bidder’s Good Faith Efforts.]
[Did the Low Bidder separate the work into economically feasible units to facilitate DBE participation?]
B. Solicitation effort documentation
[Document the number of DBEs originally contacted by the Low Bidder and the dates and number of follow-up solicitations and determine if sufficient time was allowed for the DBEs to respond.]
[Document if the Low Bidder solicited through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices, etc.) to all certified DBEs who have the capability to perform the work of the contract?] [Did the Low Bidder provide proof of the aforementioned items?]
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Packet Pg. 1249 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
January 2020
[How many of the DBEs solicited are capable of performing the work identified in A? Use the California Unified Certification Program online database at:
https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search C. Rejected DBE documentation
[How many DBE quotes were accepted or rejected by the Low Bidder? Why were the quotes rejected?]
[Was/were quote(s) rejected when it was only marginally higher and could have substantially increased the DBE commitment or even allow it to meet the DBE goal?] D. Publication effort made to advertise the projects to include DBE participation [What publications were used and when to request DBE participation for this the project? Did the Low Bidder provide copies of publications?]
E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
[Did the Low Bidder contact other organizations for outreach to encourage DBE participation on the contract?]
F. Efforts to provide information about the plans, specifications, and contract requirements
[Did the Low Bidder provide contract information to interested DBEs and were these listed in their Good Faith Efforts?]
G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or services
[Did the Low Bidder provide references to the DBEs and were these listed in the GFE?] H. Additional data to support a demonstration of Good Faith Effort [Was any more information provided by the Low Bidder to demonstrate a Good Faith Effort?] [Did the 2nd or 3rd low bidder meet the goal or get substantially more DBE commitment than the apparent low bidder? When an apparent low bidder fails to meet the goal and other bidders meet the goal, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent low bidder could have met the goal.] FINDING OF THE [NAME OF AGENCY]
The [Name of Agency] finds that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE contract goal for the reasons cited in this evaluation.
Submitted by: Approved by:
John Doe Jane Doe*
[Job Title] [Job Title]
*Must be approved by someone other than the reviewer.
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Packet Pg. 1250 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form
January 2021
Exhibit 9-C: Local Agency Americans with Disabilities Act (ADA) Annual Certification Form
Local Agency ADA Annual Certification Form
49 CFR 27: Nondiscrimination on the Basis of Disability in Programs or Activities
Receiving Federal Financial Assistance
Local Agency: _City of Colton_____________________________ State Fiscal Year (July 1-June 30): _FY 2023/2024_________________ I. Name of ADA / 504 Liaison Officer: __Brian Dickinson_____________________________ Telephone Number: (909) 370-6196
E-mail Address: [email protected]___________________________________ NOTE: Section 504 applies to federally funded programs and ADA applies to state and local government funded programs (Title II). An ADA Officer is only required if the agency has 50 or more employees.* II. ADA Grievance / Complaint Procedure Adopted?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021
If no, planned date of adoption:
NOTE: An ADA Officer is only required if the agency has 50 or more employees.* III. Self-evaluation completed?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021
If no, planned date of completion:
NOTE: All public entities receiving federal funds are required to complete a self-evaluation. Agencies are required to review and make modifications as needed to the self-evaluation to ensure there is non-discrimination on the basis of disability. Local agencies shall implement a system for periodically reviewing and updating self-evaluations and, if applicable, transition plans. As a best practice, it is recommended to review the self-evaluation every three years prior to submitting or adopting the four-year Transportation Improvement Program. * The Section 8.1000 in Title II, Technical Assistance Manual states, “How does a public entity determine whether it has 50 or more employees? Determining the number of employees will be based on a governmentwide total of employees, rather than by counting the number of employees of a subunit, department, or division of the local government. Part-time employees are included in the determination.” I
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Packet Pg. 1251 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form
January 2021
IV. Transition Plan completed?
Yes: X No: _______
If yes, date of completion/last updated: July 21, 2021
If no, planned date of completion:
NOTE: In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity with 50 or more employees are required to develop a transition plan.* The transition plan is the action plan developed from the results of the self-evaluation. As a best practice, it is recommended to update the transition plan every three to five years after completion of the recommended selfevaluation and to update the schedule of ADA compliant changes that will be accomplished.
V. Have your agency’s policies, procedures, and criteria for implementing ADA compliance improvements in maintenance and capital improvement programs been reviewed? Yes: X No:
Were deficiencies found?
Yes: X No:
If deficiencies were found, have the agency’s ADA plans been revised to correct those deficiencies? Yes: X No:
VI. Does the agency have procedures to obtain approval from the Division of State Architect (DSA) for design packages consistent with State law?
Yes: X No:
DSA website: https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/AccessibilityPlan-Review Reminder: State of California Government Code Sections 4450 - 4454 requires DSA to review and approve the plans and specifications to all buildings, structures, sidewalks, curbs and related facilities constructed in the state, using state, county or municipal funds, or the funds of any political subdivision of the state. These facilities shall be accessible to and usable by persons with disabilities. Please reference Section 9.3 of the Local Assistance Procedures Manual for submittal of design packages to DSA.
The DSA has limited their review to “Safe Routes to School” projects. For ATP Projects, the California Transportation Commission considers Safe Routes to School projects as those “that directly increase safety and convenience for public school students to walk and/or bike to school. Safe Routes to Schools infrastructure projects must be located within two miles of a public school or within the vicinity of a publicschool bus stop and the students must be the intended beneficiaries of the project.” VII. Are agency’s Standard Plans reviewed and updated on an ongoing basis for full ADA and California Accessibility compliance?
Yes: X No:
Date:
Signature
(ADA Liaison Officer)
Distribution: (1) Original - DLAE
I
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Packet Pg. 1252 Attachment: Exhibit A - Resolution FY 23-24 DBE (4098 : DBE Participation Level - Federal Fiscal Year 2023/2024) ITEM NO. 17
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR THE FY21-22 CDBG COLT-20-1-03K/0178 ALLEY REHAB PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion (NOC) for the FY 21-22 CDBG COLT -20-1-03K/0178 Alley Rehab Project with United Paving, Co.
BACKGROUND
On February 4, 2020, the City Council adopted Resolution No. R-08-20, approving the final prioritized list of CDBG projects for FY 20-21 including the CDBG COLT-19-1-03K/0160– Street Improvements, Alley Paving from 7th Street to La Cadena Drive between Hanna Street and “B” Street; Laurel Street to Hillcrest Avenue between Holly Avenue and Fairview Avenue, 2nd Street to 4th Street between “E” Street and “F” street; 4th Street to 5th Street between “K” Street and “L” Street; 4th Street to 5th Street between “M” Street and “N” Street.
As part of the City’s streets maintenance efforts, the list of alleys under this project was determined to be of higher priority for repair and replacement. Restoring function to these alleys provides better accessibility for services the City provides to its residents including trash pick-up and emergency services when needed. On January 14, 2022, Engineering Staff completed the design and specifications for the FY 21-22 CDBG-COLT-20-1-03K0178 Alley Rehab Project.
ISSUES/ANALYSIS
17 Packet Pg. 1253
Staff Report to the Mayor and City Council
Notice of Completion - Alley Rehab Project
June 20, 2023
On June 21, 2022, the City Council authorized to award a contract to United Paving Company for $340,443 to pave the selected alleys and make necessary street improvements to meet Americans with Disabilities Act (ADA) requirements at various locations throughout the City.
Alley Paving from 7th Street to La Cadena Drive between Hanna Street and “B” Street; Laurel Street to Hillcrest Avenue between Holly Avenue and Fairview Avenue, 2nd Street to 4th Street between “E” Street and “F” Street; 4th Street to 5th Street between “K” Street and “L” Street; 4th Street to 5th Street between “M” Street and “N” Street.
On November 02, 2022, the City issued a Notice to Proceed to United Paving Co. During construction, it was determined additional concrete work would be needed to meet ADA standard requirements. Due to industry wide price increases, it was additionally determined that there would be cost increases to the overall project.
On May 02, 2023, the City Council authorized Change Order No. 1 to reflect costs increases due to industry wide price increases on materials cost. The total amount for the revised scope of work identified was $23,231.20. Change Order No. 1 reflected a 6.8% increase in the total contract amount. This authorized Change Order revised the total contract amount to $363,674.20 for United Paving Co.
The project was completed in May of 2023 per contract documents and specifications and to the satisfaction of the Project Manager.
FISCAL IMPACTS
The total amount of construction for the Alley Rehab Project was $363,674.20. The project was funded in the following accounts and amounts with Community Development Block Grant (CDBG) Funds.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Notice of Completion
17 Packet Pg. 1254
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz P.E., M.A
3. The full address of the undersigned is City of Colton, 160 S. 10th Street, Colton, CA 92324-2897
4. The nature of the title of the undersigned is City of Colton City Engineer (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on May, 2023
8. The name of the original contractor, if any, for the work of improvement was United Paving Co.
The kind of work done or material furnished was Alley Asphalt Rehab.
9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: CDBG COLT-20-1-03K/0178 Alley Rehab Project
10. The street address of the said property is: 7
th Street to La Cadena Drive between Hanna Street and “B” Street; Laurel Street to Hillcrest Avenue between Holly Avenue and Fairview Avenue, 2nd Street to 4th Street between “E” Street and “F” Street; 4th Street to 5th Street between “K” Street and “L” Street; 4th Street to 5th Street between “M” Street and “N” Street in Colton, California, 92324.
11. Assessor’s Parcel No.(s): N/A
Dated: ______ ________________________________(Signature) Victor Ortiz, P.E., M.A Assistant PW Director/City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ___________________, California, this _____________ day of ______________________________. ____________________________________________________
(SIGNATURE)
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Packet Pg. 1255 Attachment: Notice of Completion (4070 : Notice of Completion - Alley Rehab Project) ITEM NO. 18
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE PURCHASE OF ELECTRIC METER LOCK RINGS FROM INNER-TITE IN THE AMOUNT OF $75,000.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the sole source purchase of Agbay meter lock rings from Inner-Tite, in the amount of $75,000, in accordance with Colton Municipal Code 3.08.140(b).
BACKGROUND
The Colton Public Works and Utility Services Department, Electric Substation Division, uses Inner-Tite meter lock rings for the several years, and in 2009 migrated to the “Agbay” keyed locking mechanism. “Agbay” is a premium security barrel lock patented by Inner-Tite. InnerTite has created an exclusive combination (key) used by CED.
A meter lock ring is a high-security locking mechanical device that protects the unauthorized removal of an electric meter. The Inner-Tite meter lock ring is manufactured from heavy-duty carbon steel, “Agbay” that is case hardened to resist cutting. CED’s use of the “Agbay” locking mechanism has expandable levels of security. CED is current level is 1 of 6.
ISSUES/ANALYSIS
As part of the on-going electric meter change out program, lock rings are an additional needed component to safely secure the meter from any potential tampering. Staff is requesting to 18 Packet Pg. 1256
Staff Report to the Mayor and City Council
Purchase - Inner-Tite
June 20, 2023
purchase a larger quantity of the meter lock rings to cover the annual purchase and to continue to advance on the backlog of lock ring replacements.
Colton Municipal Code, Title 3, Chapter 3.08.140, Section (b) allows for the competitive bidding requirement to be waived for non-public projects when there is no competitive market.
Specifically, Section (b) allows that the competitive bidding process may be waived, “[w]hen the City Council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.” Since Inner-Tite is the manufacturer of the Rhino meter lock rings and they hold the patent for the “Agbay” design, and as they do not sell their equipment through distributors, there is no competitive market and there is no competitive advantage to be gained by a public bidding process.
FISCAL IMPACTS
Sufficient appropriations for the purchase of the meter lock rings are available in the adopted FY22/23 Electric Utility, Meters, Capital Improvement Account Number 520-8000-8024-3890- 0107-000.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. 80003810 City of Colton CA 04.27.23
18 Packet Pg. 1257
Quote
110 INDUSTRIAL DR HOLDEN, MA, 01520
Phone : 508-829-6361 [email protected]
Quote No. 80003810
Date : 03/27/2023
Contact :
JASON PENUNURI
Phone : 909-370-6166
Email : [email protected]
Bill To 0092-000
CITY OF COLTON
FINANCE DEPARTMENT,
650 N. LA CADENA DRIVE
COLTON, CA, 92324, USA
Ship To 0092-001
CITY OF COLTON
ELECTRIC DEPT.,
150 SOUTH 10TH STREET
COLTON, CA, 92324,USA
Expiration Date Price Request Terms Carrier FOB
04/26/2023 1%15 Days Net 30 PREPAID Holden, MA
Sales Rep Currency Ship Method Tax Group
Northeast-Mid Atlantic (007000) USD PPD CA1
No. Qty UN Item Description
Lead Time
(Days) Unit Price Amount
1 2,850 EA V140-P45129-
0770H
METER LOCKING RING, RHINO HINGED, CARBON STEEL WITH
PERMANENT SEALING TAB, PRELOADED WITH AGBAY BARREL
LOCK, PRELOAD, STANDARD LENGTH, CARBON STEEL WITH
ANTI-ROTATION EARS AND INTERNAL WEATHER SEAL LEVEL 1
OF 2 FOR CITY OF COLTON
**BARREL LOCK MUST BE INSTALLED IN THE PRELOADED
POSITION**
PACKAGED: 50 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.
PRICING IS VALID FOR ORDERS OF 1,000 - 4,999 PIECES.
90 $24.1200 $68,742.0000
Subtotal: $68,742.000
CA1 - California 7.75%: $5,327.510
Total: $74,069.510
USD
THE LEAD TIME OF 90 DAYS QUOTED IS BASED ON MATERIALS AND PRODUCTION COMMITMENTS KNOWN AT THE TIME OF THIS QUOTE.
PRICES AND LEAD TIMES ARE SUBJECT TO CHANGE. MATERIAL WILL BE INVOICED AT THE UNIT PRICE IN EFFECT AT THE TIME OF SHIPMENT.
THANK YOU FOR THIS OPPORTUNITY TO QUOTE.
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Packet Pg. 1258 Attachment: 80003810 City of Colton CA 04.27.23 (4065 : Purchase - Inner-Tite)
TERMS & CONDITIONS OF SALE
MINIMUM ORDER: $300.00 Orders Under $300.00 Will Incur a Handling Charge of $30.00 PRICES:
All prices are subject to change without notice. All shipments will be invoiced at the price in effect on the shipment date. Prices apply only to standard packaging listed on price sheet. Non-standard quantities incur a charge of $20.00 per broken carton.
FREIGHT:
East of the Rocky Mountains - Shipments totaling $2500.00 or more for all INNER-TITE Locking Devices and Accessories will be shipped F.O.B. Holden, MA, freight prepaid and allowed to one destination East of the Rocky Mountains within the continental United States.
West of the Rocky Mountains - Shipments totaling $5000.00 or more for all INNER-TITE Locking Devices and Accessories will be shipped F.O.B. Holden, MA, freight prepaid and allowed to one destination West of the Rocky Mountains within the continental United States.
All shipments totaling less than $2500.00 for destinations East of the Rocky Mountains, and $5000.00 for destinations West of the Rocky Mountains, will be shipped F.O.B. Holden, MA, freight prepaid and added to the customer invoice.
Shipments will be made by the lowest rate common carrier or by other means determined by INNER-TITE. When special routing is specified, the additional cost for that routing is at the customer’s expense. In all cases, risk of loss shall pass to customer when the product leaves INNER-TITE’S Holden plant.
Note: All Carton Weights listed in this price list are approximations and may vary.
TERMS OF PAYMENT:
East of the Rocky Mountains - One percent (1%) discount for cash within 10 days after INNER-TITE invoice date; net on or before 30 days after INNER-TITE invoice date.
West of the Rocky Mountains - One percent (1%) discount for cash within 15 days after INNER-TITE invoice date; net on or before 30 days after INNER-TITE invoice date.
VISA, MasterCard and American Express are accepted.
TAX:
All prices are subject to the addition of state sales tax and other taxes, where applicable, in accordance with the laws under which the tax is imposed.
SHIPPING CLAIMS:
Claims for goods damaged in shipment should be directed to the carrier by the customer. INNER-TITE will assist in processing claims against the carrier but is not liable for goods damaged in shipping.
RETURNS:
INNER-TITE products may be returned for partial credit subject to the following conditions:
1. A written Return Material Authorization must be issued by the INNER-TITE Customer Service Department before product will be approved for return.
2. Only product shipped within the past 12 months can be returned.
3. Only product in the original packaging and in unused condition can be returned.
4. Product that has been discontinued or subsequently modified by INNER-TITE cannot be returned.
5. After inspection and acceptance of the authorized returned products, the original purchase price less a 25% restocking charge will be credited to the customer account.
6. All return shipments are to be made prepaid; collect shipments may be rejected or result in a further deduction to the credit due.
DISCLAIMER OF WARRANTIES:
EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ELSEWHERE IN WRITING AND SIGNED BY THE
PARTIES HERETO, IF ANY, INNER-TITE DISCLAIMS ALL WARRANTIES HEREUNDER, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMIT OF LIABILITY:
In no event shall either party be liable for special, indirect, incidental or consequential damages, or any damages related to the loss of business or profits, goodwill, and all other damages or losses, even if the other party shall have been advised of the possibility of such damages. In no event shall INNER-TITE’S liability hereunder, whether based in contract, tort or otherwise (i) exceed the purchase price paid by customer for the specific goods which gave rise to the claim, or (ii) extend beyond one (1) year after the date of shipment of the applicable goods to the customer, regardless of when the claim arose or was discovered.INNER-TITE will not be liable for any claims if the goods (i) have been improperly used, operated and/or installed, (ii) the goods have been subjected to unusual physical stress, including but not limited to chemical stress and corrosion, and (iii) proper use, operation and/or installation have been interfered with by third party products, applications or configurations.
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Packet Pg. 1259 Attachment: 80003810 City of Colton CA 04.27.23 (4065 : Purchase - Inner-Tite)