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Home My WebLink AboutState of California Department of Transportation (Caltrans) 2016-01-19 (CROSS REF FROM GRANTS)STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION — C/k� DISTRICT 1, P. O. BOX 3700 EUREKA, CA 95502 -3700 PHONE (707) 445 -6399 FAX (707) 441 -2048 TTY 711 January 19, 2016 Sage Sangiacomo City Manager City of Ukiah 300 Seminary Drive Ukiah, CA 95482 -5400 ,gcoT Y OF v4/9 RECEIVED ti JAN 2 2 2016 CITY MGR. G�CLERK DEPT. EDMUND G. BROWN Jr. Governor Flex your power! Be energy efficient! Dear Mr. Sangiacomo: We have completed our review of the City of Ukiah Exhibit 9 -B Local Agency Disadvantaged Business Enterprise (DBE) Annual Submittal Form on January 19, 2016 in conformance with your agency's DBE Implementation Agreement. This review consisted of evaluating the Exhibit 9 -B for compliance with the requirements of Title 49 of the Code of Federal Regulations, Part 26, as described in the California Department of Transportation Local Assistance Procedures Manual Chapter 9. Finding no issues, we hereby approve the City of Ukiah Exhibit 9 -B for Federal Fiscal Year (FFY) 2015/2016. This letter transmits a copy of the approved Exhibit 9 -B for your agency's use. Please contact me at the telephone number listed above if you have any questions or require further information. We appreciate the work your agency has performed in implementing this important program, and look forward to working with you on projects within your jurisdiction. Sincerely, SUZANNE THEISS District Local Assistance Engineer c: Richard Seanor, Deputy Director of Public Works ST /jc "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" • Interim Exhibit 9 -B Local Agency DBE Annual Submittal Form TO: CALTRANS DISTRICT 1 District Local Assistance Engineer The information for exhibit 9 -B presented herein, in accordance with Title 49 of the Code of Federal Regulations (CFR), Part 26, and the State of California Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan. The City of Ukiah submits our annual 9 -B information for the Federal Fiscal Year 2015/2016, beginning on October 1, 2015 and ending on September 30, 2016. Disadvantaged Business Enterprise Liaison Officer (DBELO) Richard J. Seanor, Deputy Director of Public Works, City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482 -5400, phone: 707 - 463 -6296, fax: 707 - 463 -6204, email: rseanor @cityofukiah.com Planned Race - Neutral Measures The City will take affirmative steps to use as many of the race - neutral means of achieving DBE participation identified at 49 CFR 26.51(b) as possible to meet the overall goal and to demonstrate that it is administering the program in good faith. Specifically, plans and specifications for all City Department of Public Works projects are sent to the following ten builders exchanges: Builders Exchange of Sacramento, Contra Costa Builders Exchange, Dodge Data & Analytics, Humboldt Builders Exchange, Marin Builders Association, North Coast Builders Exchange, Placer County Contractors Association, Sacramento Builders Exchange, San Francisco Builders Exchange, and Shasta Builders Exchange. The City publically advertises all Public Works projects in the Ukiah Daily Journal. Plans and specifications are posted on the City website (which is tied to ebidboard) for maximum exposure to contractors and DBE's. At mandatory pre -bid meetings, staff stresses the importance of DBE participation and Good Faith Efforts for applicable projects. In addition, the City's race - neutral program will use methods such as unbundling of contracts, providing technical assistance, and other methods. 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 provision the local agency will use.) Prompt Pay Enforcement Mechanism 49 CFR Part 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. The City, at its discretion, may randomly require the prime contractor to produce records to verify said prime contractor has made prompt payments to subcontractors. Failure to make prompt payments to subcontractors or failure to provide such records upon reasonable request by the City may trigger penalties in amounts deemed appropriate by the City. City of Ukiah DBE Annual Submittal Form Federal Fiscal Year 2015 -2016 Page 1 of 3 Sa Sangi omo, City Manager A MINIS ERING AGENCY (Authorized Governing Body Representative) Phone Number: 707 - 463 -6217 Date / 9 (Signat, of Caltrans District Local Assistance Engineer [DLAE]) Dat Distribution: (1) Original - DLAE (2) Signed copy by the DLAE — Local Agency DBE Annual Submittal Form (07/01/10) City of Ukiah DBE Annual Submittal Form Federal Fiscal Year 2015 -2016 Page 2 of 3 (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. ❑ 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. 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. ❑ Method 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. ® 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 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 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. City of Ukiah DBE Annual Submittal Form Federal Fiscal Year 2015 -2016 Page 3 of 3