R-076-18 Approving the Annual Anticipated DBE Participation Level AADPL for Federal FY 18-19 and Authorizing the City Manager to Sign the DBE Annual Submittal Form on Behalf of the City of Colton

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Local Assistance Procedures Manual EXHIBIT 9-B Local Agency DBE Annual Submittal Form 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, 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 2018/2019 beginning on October I. 2018 and ending on September 30 2019. Disadvantaged Business Enterprise Liaison Officer (DBELO) Victor Ortiz, P.E. Public Works Department 160 South 10" Street Colton CA 92324 Tel. (909) 370-5065 Fax (909) 370-5072 Email vortiz@coltonca.gov Planned Race -Neutral Measures The City of Colton is planning to advertise 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 2016 Census Bureau Data, CUCP DBE Directory, and all Federal Funded Projects expected to be completed for FY 2018/2019 to establish the AADPL for Federal Fiscal Year FY 2018/2019. We have established an AADPL of 11.2% 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 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.) 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. • 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. Page 9-1 LPP 14-01 July 9, 2014