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HomeMy WebLinkAbout14A-06 ` • • RESOLUTION NO. 14-06tit A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS BILLS ESTABLISHING DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION GOAL OF NINE PERCENT FOR WORK PERFORMED ON FEDERALLY FUNDED TRANSPORTATION PROJECT FOR PERIOD OF OCTOBER 1,2005 TO SEPTEMBER 30,2006 WHEREAS Federal law and the DBE Program requires the Town to establish goals for participation on an annual basis; and WHEREAS on March 9, 2006, the City Council considered the goals in public meeting, and received and considered testimony an comment from all interested person; and WHEREAS a continue goal of nine percent of appropriate in the community and for the level of work expected during the coming year. NOW,THEREFORE,BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Disadvantaged Business Enterprise goal for work performed on federally funded transportation project for the period of October 1, 2005 to September 30,2006, shall be nine percent. PASSED AND ADOPTED this 94 day of/l "64., , 2006. B Y• Mayor - ATTEST: Ci lerk • •" ,4.r.plac.na-c- co(2,-r TOWN OF LOS ALTOS HILLS LOS ALTOS HILLS CALIFORNIA OVERALL ANNUAL DBE GOAL FOR FEDERAL FISCAL YEAR 2005/2006 Submitted in conformance with Title 49 Code of the Code of Federal Regulations Part 26 Caltrans Local Assistance Procedures Manual and Caltrans Local Programs Procedures IP • Town of Los Altos Hills Overall Annual DBE Goal 05/DB Page 1 TOWN OF LOS ALTOS HILLS DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM OVERALL ANNUAL DBE GOAL AND METHODOLOGY FOR FEDERAL FISCAL YEAR (FFY) 2005/06 L DOT-ASSISTED CONTRACTING PROGRAM FOR FFY 2005/06 Table 1 below represents one of the DOT-assisted projects the Town of Los Altos Bulls considered in the overall goal-setting process for FFY 2005/06. Only one project has subcontracting opportunities and is anticipated to be awarded and/or expended within the fiscal year: Table 1 Project Name Estimated Federal Funding Page Mill Road Rehabilitation $131,000.00 Total $131,000.00 Table 2 below provides a summary of the corresponding subspecialty work grouped into two primary categories and identifies the Estimated Federal Dollar Share and the Percent of Federal Funding of each primary work category utilizing Caltrans'Work Category Codes(WCC), comparable 2002 Census Business Patterns database and North American Industry Classification System(NAICS)Work Codes. Table 2 • PRIMARY WORK NAICS ESTIMATED % OF CATEGORY CATEGORY FEDERAL FEDERAL DESCRIPTION DOLLAR FUNDING BY SHARE CATEGORY CONSTRUCTION: Rehabilition of the pavement 234110 $104,800.00 80% PROFESSIONAL SERVICES: Engineering 541330 $26,200.00 20% TOTAL $131,000.00 100% • • Town of Los Altos Hills Overall Annual DBE Goal 05105 Page 2 IL GOAL-SETTING PROCESS: Step 1:Determination of a Base Figure for the Overall Annual Goal(26.45) To begin the goal-setting process, the Town of Los Altos Dills determined the Base Figure for the relative availability of DBEs, by following one of the five examples of approaches set forth in 26.45 of the regulations. The following data sources were immediately available to the Town of Los Altos Hills: For the numerator: The Town of Los Altos Hills utilized the Unified Certification Program-2002 Certified DBE Firms to determine the number of ready,willing and able DBEs in the Town of Los Altos Kills'market area (further defined as San Mateo, San Francisco, and Santa Clara Counties). For the denominator: The Town of Los Altos Hills utilized the 2002 U.S. Census Bureau County Business Patterns (CBP) Database to determine the number of ready, willing and able businesses available in the Town of Los Altos Hills'market area(further defined as San Mateo, San Francisco, and Santa Clara Counties). The Town of Los Altos Hills made a concerted effort to ensure that: a) The scope of businesses included in the numerator is as close as possible to the scope included in the denominator. b) The NAICs codes included in the denominator is as close as possible to the scope included in the numerator. This was accomplished by utilizing the conversion table of NAICs work codes provided by 2002 U.S. Census Bureau County Business Patterns (CBP)Database. c) The geographic base included in the numerator is as close as possible to the U.S. Census Bureau County Business Patterns Database. This was accomplished by determining the corresponding zip codes for each county, within Town of Los Altos Hills'market area. The Base Figure was further adjusted by weighting the relative availability of DBEs within each primary work category, giving more weight to the work category the Town is projected to spend more DOT- assisted dollars on. The Base Figure resulting from this weighted calculation is as follows: • • Town of Los Altos Frlls Overall Annual DBE Goal 05/06 Page 3 Base Figure= 80% (DBEs in 234110, 237310*) + 20%(DBEs in 541330) CBPs in NAICS 234110,235710** CBPs in NAICS 541330 Base Figure= 0.80 (80)+0.20(67) 865 883 Base Figure= 0.80(0.0925)+0.20(0.0759) • Base Figure=0.0740+0.0152=0.0892 Base Figure= (0.0892) 100= 8.92=9%*** * For detailed listing of all Caltrans Work Categories grouped in each major category, refer to Exhibit A.. ** For detailed listing of all NAICS Work Codes grouped in each major category, refer to Exhibit B. ***. .Rounded to the nearest whole number. Step 2: Adjusting the Base Figure Upon establishing the Base Figure, the Town of Los Altos Hills reviewed and assessed other known relevant evidence potentially impacting the relatilve availability of DBEs within the Town of Los Altos Hells'market, and confirmed that such evidence is in accordance with prescribed narrow tailoring provisions set forth under 49 CFR Part 26. A. City's Bidders List While a Bidders List would serve as quantifiable evidence of DBEs demonstrated interest and capacity, the Town has recently initiated the process of collecting pertinent information to create a Bidders List database;therefore, there is not sufficient data to date to merit consideration for an adjustment. However, the Town of Los Altos Kills will continue to capture such information from all the bidders at the time bid/proposal submission and will utilize such information in future goal-setting analysis. 13. Disparity Studies The Town of Los Altos Hills is not aware of any current disparity studies within the Town of Los Altos Hills'jurisdiction for consideration in the goal - setting analysis and/or adjustment. • • Town of Los Altos Wills Overall Animal DBE Goal for FFY 2005/D6 Page 4 Resultant Base Figure Based on the Town of Los Altos Hills' review and consideration of the above factors, particularly in the absence of the availability of historical DBE attainments, evidence considered does not support an adjustment to the Base Figure at this time. In conclusion, after careful consideration of the above-named evidence/and other relevant factors, the Overall Annual DBE Goal for the Town of Los Altos Bills for FFY 2005/06 is 9%. BEL OVERALL ANNUAL GOAL AND PROJECTION OF RACE-NEUTRAL AND RACE-CONSCIOUS PARTICIPATION: The Overall Annual2QQ5/0 DBE Goal for the Town of Los Altos (FFY � Hills' DOT-assisted contracts is 9%. The Overall Goal is expressed as a percentage of all DOT-assisted funds that the Town of Los Altos Hills will expend in FHWA assisted contracts in the forthcoming fiscal year. This goal further serves to identify the relative availability of DBEs based on evidence of ready,willing, and able DBEs to all comparable firms, which are known to be available to compete for and perform on the Town of Los Altos Bills'DOT-assisted contracts. The Overall Annual Goal reflects a determination of the level of DBE participation, which would be expected absent the effects of discrimination. Althoughthe Town of Los Altos - Hills'race neutral efforts are anticipate to increase,p given the Town's DBE participation attainments on similar types of projects, the Town will continue to utilize race-conscious numeric goal-setting to affirmative drive the bidders'DBE participation commitments toward meeting the Town's Overall Annual DBE Goal Therefore, in light of these considerations, the Town of Los Altos Bills projects that the proposed Overall Annual DBE Goal of 9%for FFY 2005/06 will be achieved through the use of numeric goals (race-conscious participation). The Town of Los Altos Hills will, however, continue to make efforts to employ race-neutral measures whenever possible to ensure that bidding and contract requirements facilitate participation by DBEs and other small businesses in conformance with new regulatory requirements. IV. PUBLIC PARTICIPATION AND FACILITATION • In conformance with Public Participation Regulatory Requirements of 49 CFR Part 26 and Caltrans Local Assistance Procedures Manual (LAPM), this goal analysis will be reviewed with minority, women, local business chambers, and community organizations within the Town of Los Altos Bills' geographic market area. 4110 • Town of Los Altos Hills Overall Annual DBE Goal for FFY 2005/06 Page 5(Revised) Prompt Payment & Retainage Federal regulation Title 49 Code of Federal Regulation(CFR)Part 2629 used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to any subcontractor. The Town of Los Altos Kills is to include method number 3 in their federal-aid contracts to ensure prompt and full payment of retainage(withheld funds)to subcontractors in compliance with the Title 49 Code of Federal Regulations (CFR)Part 26.29, and Local Program Procedure 04-05 (LPP 04-05) . The Town of Los Altos Hills shall hold retainage from prime contractors and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal regulation (49 CFR 26.29)requires that any delay or postponement of payment over 30 days may place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specifies in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractural, 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 prim contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. Additionally, the Town of Los Altos Hills will publish a Public Notice in general circulation media announcing the Town of Los Altos Kills'proposed Overall Annual Goal for the FFY 2005/06 DOT- assisted contracts. Such Notice will inform the public that the proposed goal and its rationale is available for inspection at the Town of Los Altos Hills'principal office during normal business hours for 30 days following the date of the Public Notice and that the Town of Los Altos Hills will accept comment on the goal analysis for 45 days from the date of the Public Notice. The required public participation provisions will be fully satisfied prior to submitting the Town of Los Altos Hills' Overall Annual DBE to Caltrans for final reviews and approval. • • Town of Los Altos Hills Overall Annual DBE Goal 05/06 EDIT A Page 6 TOWN OF LOS ALTOS HEELS DBE GOAL ANALYSIS FOR FFY 2005/2006 ;r----77 _ ..n.ren,n-:{rr_:r..,.:,K:si,"rK::s:: t:,r_rn,^o.+rr:{_,c rraca.•r:.avm:sr::rtn.,;ct nss:-::nrrrrfrr {:.,..ra.,..nrf...,..:.,rr::arrrlu:+.crrrr.a:. >rJrrF:Sac...... #OF ESTABLISHED DBE FIRMS IN SAN MATEO,AND SANTA CLARA R A AND SAN FRANCISCO COUNTIES: CONSTRUCTION: COUNTIES 2.::�•r- `2 s::"":+:`-� ":�a=}-'.:::r'�w' : .'"•'ti.;�<': ';,: '`'?r=i•:�k;{",;-�A,g9:�:;jy:-sa=t-':: sc:>:..:..,;�-, ;�^."^•:xtr-•,3�;;�.y�uu;:� ,•,c:.v.,y{. .,n._• -*-. `A �• t, . ':y 0.6,5, ,:cy, v n;}- 2ti.;yh?{._wr-•`�;�Nav ,,,F,r 9{ o�?+2rnN,.-..,-'^^"2,. *: ::;$: :C43E •g•:?46::.:�w:::"•x.: ,n.• '�' V; : • • • Town of Los Altos FEN Overall DBE Goal 05/06 EXBIBIT B Pass 7 }vo.-w$vit'S{t. ,�.'n„C-.,mv.- 'TI 'may .i_ti..�.;• -.:•ti,.i:¢",�r..:5 .( ;",�,"'"-.cii'. z�,n'`:°",.t:�";S..A::w;,kn ePnii3.r.i�'• -.. •ioK!d:.•o in• .dr:- n)i: 3?a cxis�:rirar:7toia�3rfirir�_-:rh:•M�c'tica+. -ai't?J�N,.iati:.:�::aa:�$l #OF ESTABLISHED FIRMS IN SAN MATEO,AND SANTA CLARA AND SAN FRANCISCO COUNTIES 1: CONSTRUCTION: Major Construction Services: Santa San Category: San Mateo Clara Francisco Total NAICS CODE NAICS DESCRIPTION 234110 Highway&Street Construction 15 32 10 234990 All Other Heavy Construction 14 27 11 235210 Paint Traffic Stripe&Marling 173 180 154 235710 Concrete Contractors 56 90 27 235930 Excavation Contractors 27 43 6 .. ,.::.,,. :.mow,..:-. :� ::v,-� ;;:i: - i :;.,•.,,k„ ..,...,,�.:. 285 372 208 -.,�.,,> ,�:,� N=�;� ��;��mow;:.--�. ,N,�. + 8.65 PROFESSIONAL SERVICES: 541330 Engineering&Construction Management 295 325 263 - :,aw . ' ' M ...•.... : ,..'a 295 325 263 883 ”:_;fir k,�•"�,:<i;::,,w:,..:. .:.::..;�:, �. 1:DATA SOURCE:U.S. Census Bureau: County Business Patterns,NAICS Work Category Codes • • TOWN OF LOS ALTOS HILLS LOS ATOS HILLS CALIFORNIA DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Submitted in conformance with Title 49 Code of the Code of Federal Regulations Part 26 Caltrans Local Assistance Procedures Manual and Caltrans Local Programs Procedures ATTACHMENT A • • DISADVANTAGED BUSINESS ENTERPRISE PROGRAM TOWN OF LOS ALTOS BILLS I. Definitions of Terms The terms used in this Program have the meanings defined in Title 49 CFR§26.5. II. Objectives/Policy Statement (§§26.1, 26.23) The Town of Los Altos Hills has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation(DOT), 49 CFR Part 26; "Participation by Disadvantaged Business Enterprise Regulations in Department of Transportation Financial Assistance Programs". The Town of Los Altos Hills receives Federal financial assistance from the DOT, and as a condition of receiving this assistance, the Town of Los Altos Hills will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the Town of Altos Hills to ensure that DBEs, as defined in CFR Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: . • To ensure nondiscrimination in the award and administration of DOT-assisted contracts; • To create a level playing field on which DBEs can compete fairly for DOT- assisted contracts; • To ensure that the DBE Program is narrowly tailored in accordance with applicable laws; • To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; • To help remove barriers impacting the participation of DBEs in DOT-assisted contracts; and • To assist in the development of DBEs firms to enable them to compete successfully in the market place outside the DBE Program. The Director of Public Works has been delegated as the DBE Liaison Officer for the Town of Los Altos Hills. In this capacity, the Director of Public Works is responsible for implementing all aspects of the DBE Program. Implementation of the DBE Program is accorded the same priority as compliance with all other legal obligations incurred by the Town of Los Altos Hills in its financial assistance agreements with the California Department of Transportation(Caltrans). The Town of Los Altos Hills has disseminated this policy statement to the Town of Los Altos Hills City Council and all the components of our organization. We have distributed Town of Los Altos Hills Disadvantaged Business Enterprise Program Pagel of 20 • • this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts. III. Nondiscrimination (§26.7) The Town of Los Altos Hills will not 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 Title 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE Program, the Town of Los Altos Hills 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 with respect to individuals of a particular race, color, sex, or national origin. IV. DBE Program Updates (§26.21) The Town of Los Altos Hills will continue to carry out this Program until we have established a new goal setting methodology or until significant changes to this DBE Program are adopted. The Town of Los Altos Hills will provide to Caltrans a proposed overall annual goal and goal setting methodology and other program updates by June 1 of every year. V. Quotas (§26.43) The Town of Los Altos Hills will not use quotas or set-asides in any way in the administration of this DBE Program. VI. DBE Liaison Officer(DBELO) (§26.45) The Town of Los Altos Hills has designated the following individual as the DBE Liaison Officer: Director of Public Works Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 (650) 941-7222 In this capacity, the Director of Public Works is responsible for implementing all aspects of the DBE Program and ensuring that the Town of Altos Hills complies with all provisions of Title 49 CFR Part 26; "Participation by Disadvantaged Business Enterprise Regulation in Department of Transportation Financial Assistance Programs". This is available on the Internet at osdbuweb.dotgov/main.cfin. The Director of Public Works has direct, independent access to the City Manager concerning DBE Program matters. Town of Los Altos Hills Disadvantaged Business Enterprise Program Page2 of 20 • • • An organization chart displaying the DBELO's position in the organization is found in Exhibit A to this Program. The DBE Liaison Officer is responsible for developing, implementing and monitoring the DBE Program, in coordination 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 set overall annual goals for DBE participation in DOT-assisted contracts. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements to ensure DBE goals are included in solicitations when warranted (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes the Town of Los Altos Hills' progress toward goal attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the CEO/governing body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10.Determines contractor compliance with good faith efforts. 11.Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12.Plans and participates in DBE training seminars. 13.Provides outreach to DBEs and community organizations to advise them of DOT contracting opportunities. VII. Federal Financial Assistance Agreement Assurance (§26.13) The Town of Los Altos Hills will sign the following assurance, applicable to all DOT- assisted contracts and their administration as part of the program supplement agreement for each project: The Town of Los Altos Hills 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 Town of Los Altos Hills 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 Town of Los Altos Hills' 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 Town of Los Altos Hills 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 Town of Los Altos Hills Disadvantaged Business Enterprise Program Page3 of 20 • • U. S. C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). VIII. DBE Financial Institutions It is the policy of the Town of Los Altos Hills 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 g tY� 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 DBE Liaison Officer. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBE Liaison Officer. IX. DBE Directory (§26.31) The Town of Los Altos Hills will refer interested persons to the DBE directory available from the Caltrans Disadvantaged Business Enterprise Program website at www.dot ca.gov/hq/bep. X Over-concentration (§26.33) _ The Town of Los Altos Hills has not identified any types of work in DOT-assisted contracts that have an over-concentration of DBE participation. If in the future, the Town of Los Altos Hills identifies the need to address over-concentration, measures for addressing over-concentration will be submitted to the DLAE for approval. X. Business Development Programs (§26.35) The Town of Los Altos Hills does not have a business development or Mentor-Protégé Program. If the Town of Los Altos Hills identifies the need for such a program in the future, the rationale for adopting such a program and a comprehensive.description of it will be submitted to the DLAE for approval. XII. Required Contract Clauses (§§26.13,26.29) Contract Assurance The Town of Los Altos Hills ensures that the following clause is placed in every DOT- assisted contract and subcontract: "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 cavy out applicable requirements of 49 CFR Part 26 in the award and Town of Los Altos Hills Disadvantaged Business Enterprise Program Page4 of 20 • • 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". Prompt Payment The Town of Los Altos Hills ensures that the following clauses or equivalent will be included in each DOT-assisted prime contract: Satisfactory Performance The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the Town of Los Altos Hills. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Town of Los Altos Hills. This clause applies to both DBE and non-DBE subcontractors. Release of Retainage The Town of Los Altos Hills.shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions of the contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractors for satisfactory completion of the accepted work within 30 days after receipt of the retainage. This clause must require the prompt release of retainage payment from the prime contractor to the subcontractor within a specified number of days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Town of Los Altos Hills. This clause applies to both DBE and non-DBE subcontractors. Ongoing Compliance Monitoring It is the responsibility of the prime contractor to provide evidence of all subcontractor payments in accordance with the above stated Prompt Payment Provisions. The prime contractor shall provide access to such records at the request of the Town of Los Altos Hills. The Town of Los Altos Hills.will conduct periodic reviews as necessary to ensure full compliance. Town of Los Altos Hills Disadvantaged Business Enterprise Program Pages of 20 • Monitoringand Enforcement Mechanisms XIII 026.3' The Town of Los Altos Hills will assign a Resident Engineer (RE) or Contract Manager to monitor and track actual DBE participation through contractor and subcontractor reports of payments in accordance with the following: After Contract Award After the contract award, the Town of Los Altos Hills will review the award documents for the portion of items each DBE and first tier subcontractor will be performing and the dollar value of that work. With these documents the RE/Contract Manager will be able to determine the work to be performed by the DBEs or subcontractors listed. Pre-construction Conference A pre-construction conference will be scheduled between the RE and the prime contractor or their representative to discuss the work DBE subcontractors will perform. Before work can begin on a subcontract, the Town of Los Altos Hills will require the contractor to submit a completed "Subcontracting Request," Exhibit 16-B of Caltrans' Local Assistance Program Manual (LAPM) or equivalent. When the RE receives the completed form it will be checked for agreement of the first tier subcontractors and DBEs. The RE will not approve the request when it identifies someone other than the DBE or first tier subcontractor listed in the previously completed "Local Agency Bidder • DBE Information," Exhibit 15-G of Caltrans' LAPM. The "Subcontracting Request"will not be approved until all discrepancies are resolved. If an issue cannot be resolved at that time, or there is some other concern, the RE will require the contractor to eliminate the subcontractor in question before signing the subcontracting request. A change in the DBE or first tier subcontractor may be addressed during a substitution process at a later date. Suppliers, vendors, or manufacturers listed on the "Bidder DBE Information" will be compared to those listed in the completed Exhibit 16-1 of Caltrans' LAPM or equivalent. Differences must be resolved by either making corrections or requesting a substitution. Substitutions will be subject to the Subletting and Subcontracting Fair Practices Act (FPA). Local agencies will require contractors to adhere to the provisions within . Subletting and Subcontracting Fair Practices Act (State Law) Sections 4100-4144. FPA requires the contractor to list all subcontractors in excess of one half of one percent (0.5%) of the contractor's total bid or $10,000, whichever is greater. The statute is designed to prevent bid shopping by contractors. The RE will give the contractor a blank "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors", Exhibit 17-F of Caltrans' LAPM, and will explain to them that the document will be required at the end of the project, for which payment can be withheld,in conformance with the contract. Town of Los Altos Hills Disadvantaged Business Enterprise Program Page6 of 20 IP • Construction Contract Monitoring The RE will ensure that the RE's staff(inspectors) know what items of work each DBE is responsible for performing. Inspectors will notify the RE immediately of apparent violations. When a firm other than the listed DBE subcontractor is found performing the work,the RE will notify the contractor of the apparent discrepancy and potential loss of payment. Based on the contractor's response,the RE will take appropriate action: The DBE Liaison Officer will perform a preliminary investigation to identify any potential issues related to the DBE subcontractor performing a commercially useful function. Any substantive issues will be forwarded to the Caltrans Disadvantaged Business Enterprise Program. If the contractor fails to adequately explain why there if a discrepancy, payment for the work will be withheld and a letter will be sent to the contractor referencing the applicable specification violation and the required withholding of payment. If the contract requires the submittal of a monthly tracking document, the contractor will be required to submit documentation to the RE showing the owner's name; California Highway Patrol CA number, and the DBE certification number of the owner of the truck and for each truck used during that month for which DBE participation will be claimed. The trucks will be listed by California Highway Patrol CA number in the daily diary or on a separate piece of paper for documentation. The numbers are checked by inspectors regularly to confirm compliance. Providing evidence of DBE payment is the responsibility of the contractor. • Substitution When a DBE substitution is requested, the RE/Contract Manager will request a letter from the contractor explaining why substitution is needed. The RE/Contract Manager must review the letter to be sure names and addresses are shown, dollar values are included, and reason for the request is explained. If the RE/Contract Manager agrees.to the substitution and with concurrence of the substitution of the DBE Liaison Officer, the RE/Contract Manager will notify, in writing, the DBE subcontractor regarding the proposed substitution and procedure for written objection from the DBE subcontractor in accordance with the Subletting and Subcontracting Fair Practices Act. If the contractor is not meeting the contract goal with this substitution, the contractor must provide the required good faith effort to the RE/Contract Manager for local agency consideration. If there is any doubt in the RE/Contract Manager's mind regarding the requested substitution, the RE/Contract Manager may contact the DLAE for assistance and direction. Record Keeping and Final Report Utilization of Disadvantaged Business Enterprises Town of Los Altos Hills Disadvantaged Business Enterprise Program Page7 of 20 i ! The contractor shall maintain records showing the name and address of each first-tier subcontractor. The records shall also show: 1. The name and business address, regardless of tier, of every DBE subcontractor, DBE vendor of materials and DBE trucking company. 2. The date of payment and the total dollar figure paid to each of the firms. 3. The DBE prime contractor shall also show the date of work performed by their own forces along with the corresponding dollar value of the work claimed toward DBE goals. When a contract has been completed the contractor will provide a summary of the records stated above. The DBE utilization information will be documented on Exhibit 17-F of Caltrans' LAPM and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 15-G of Caltrans' LAPM and, if applicable,to the completed Exhibit 16-B of Caltrans' LAPM. The DBEs shown on the completed Exhibit 17-F of Caltrans' should be the same as those originally listed unless an authorized substitution was allowed, or the contractor used more DBEs and they were added. The dollar amount should reflect any changes made in planned work done by the DBE. The contractor will be required to explain in writing why the names of the subcontractors, the work items or dollar figures are different from what was originally shown on the completed Exhibit 15-G of Caltrans' LAPM when: • There have been no changes made by the RE. • The contractor has not provided a sufficient explanation in the comments section of the completed Exhibit 17-F of Caltrans' LAPM. The explanation will be attached to the completed Exhibit 17-F for submittal. The RE will file this in the project records. The Town of Los Altos Hills' DBE Liaison Officer will keep track of the DBE certification status on the Internet at www.dot.ca.gov./hq/bep and keep the RE informed of changes that affect the contract. The RE will require the contractor to act in accordance with existing contractual commitments regardless of decertification. The DLAE will use the PS&E checklist to monitor Town of Los Altos Hills' commitment to require bidders list information to be submitted to the Town of Los Altos Hills from the awarded prime and subcontractors as a means to develop a bidders list. This monitoring will only take place if the bidders list information is required to be submitted as stipulated in the special provisions. The Town of Los Altos Hills will bring to the attention of the DOT through the DLAE any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. The Town of Los Altos Town of Los Altos Hills Disadvantaged Business Enterprise Program Pages of 20 • similar action under our own legal authorities, including Hills also will consider s g responsibility determinations in future contracts. XIV. Overall Goal (§26.45) Amount of Goal The Town of Los Altos Hills' Overall Annual Goal for the Federal fiscal year(FFY) 2005/2006 is the following: 9% of the Federal financial assistance in DOT-assisted contracts. This overall goal is broken down into 9%race-conscious and 0% race-neutral components. Methodology Projecting Federal Assisted Contract Awards/Expenditures for Federal Fiscal Year In conjunction with the preparation and adoption of the budget for each fiscal year, the DBE Liaison Officer, in consultation with the appropriate divisions and departments responsible for contracting activities, will conduct a thorough analysis of the projected number, types of work by industry disciplines and dollar amounts of contracting opportunities that will be funded, in whole or in part, by DOT federal financial assistance for that year. STEP 1: Establishing a Base Figure Once the Town of Los Altos Hills defines its DOT-assisted contracting program and relevant market areas for the fiscal year, the Town of Los Altos Hills will establish a Base Figure following one of the methodologies outlined in Title 49 CFR Part 26 and Caltrans' Local Assistance Procedures Manual. For federal fiscal year 2005/2006, to determine the Base Figure of relative availability of DBEs, the Town of Los Altos Hills embraced a methodology, which included a calculation and an analysis of the ratio of all available (ready, willing and able) established DBE firms as compared to all available established firms within Town of Los Altos Hills' market area. This was accomplished by utilizing the Caltrans on-line Bulletin Board System(BBS) DBE Directory of Certified Finns as its numerator and the. 2002 U.S. Census Bureau County Business Patterns (CBP) Database as its denominator. Comparisons were made by corresponding zip codes within Town of Los Altos Hills' market area and by the following specified industries: Categories: Highway& Street Construction and Engineering Services The Town of Los Altos Hills further weighted the resultant figure based on the amount of DOT-federal assistance the Town of Los Altos Hills is projected to award and/or expend on various industries in establishing the Base Figure. Town of Los Altos Hills Disadvantaged Business Enterprise Program Page9 of 20 • STEP 2: Adjusting the Base Figure As a mandatory second step, the Town of Los Altos Hills will survey other relevant market data to consider adjusting the Base Figure established. Indicators that Town of Los Altos Hills may determine to be relevant to its market, may include, but not be limited to: 1. Demonstrated evidence of DBE capacity to perform work in the Town of Los Altos Hills' federally assisted and non-federally assisted contracting program; 2. The number, types and dollar value of contracting opportunities projected to financed with federal funds and to be awarded during the federal fiscal year. 3. The Town of Los Altos Hills' Bidders List. 4. Other recipients' goal results in similar contracting opportunities and markets, and the reasons for the level of those results. 5. The methods used by the Town of Los Altos Hills to increase DBE participation in federally assisted contracts. 6. The demographics and business activity of the geographical area in which the Town of Los Altos Hills will solicit bids or proposals. 7. The data from statistical disparities of DBEs obtain financing, bonding and insurance requirements. 8. The data on employment and self-employment, education and training programs, to the extent the Town of Los Altos Hills can relate it to the opportunities for DBEs to perform in the Town of Los Altos Hills' DBE Program. Breakout.of Estimated Race-Neutral and Race-Conscious Participation The Town of Los Altos Hills shall achieve the overall annual goals for DBE participation through a combination of race-neutral and race-conscious measures including the use of contract-specific goals as needed to meet its overall annual DBE goal. Race Neutral Measures The Town of Los Altos Hills intends to use race-neutral measures to the extent feasible to achieve its overall annual goal. The Town of Los Altos Hill will use the following measures as appropriate to facilitate DBE and other small business participation in the Town of Los Altos Hills' contracting program: (a) Configuring large contracts into smaller contracts when feasible, which would make contracts more accessible cost, delay or risk to the Town of Los Altos Hills; (b) Encouraging contractors to consider subcontractors for components of the work for which there is a known supply of ready, willing, and able subcontractors, including DBE subcontractors, in preparing their bids; (c) Assisting in overcoming limitations in bonding and financing; Town of Los Altos Hills Disadvantaged Business Enterprise Program Page 10 of 20 • • (d) Providing technical assistance in orienting small businesses to public contracting procedures, use of the Internet, and facilitating introductions to the Town of Los Altos Hills' and other U.S. DOT recipients' contracting activities; and (e) Providing outreach and communications programs on contract procedures and contract opportunities to ensure the inclusion of DBEs and other small businesses. Race-Conscious Measures Goals (section 26.51) The Town of Los Altos Hills will annually consider various factors to project levels of DBE participation to be met through race-conscious measures and will use race- conscious measures such as contract-specific goals to meet that portion of the overall goal which is not likely to be met utilizing race-neutral measures. The Town of Los Altos Hills shall monitor and adjust the estimated utilization of race-neutral and race-conscious measures as required in accordance with regulatory guidelines. Process Starting with the Federal fiscal year 2007, the amount of overall goal, the method to calculate the goal, and the .breakout of estimated race-neutral and race-conscious participation will be required annually by June 1 in advance of the Federal fiscal year beginning October 1 for FHWA-assisted contracts. Submittals will be to the Caltrans' DLAE. An exception to this will be if FTA or FAA recipients are required by FTA or FAA to submit the annual information to them or a designee by another date. FHWA recipients will follow this process: Once the DLAE has responded with preliminary comments and the comments have been incorporated into the draft overall goal information, the Town of Los Altos Hills will publish a notice of the proposed overall goal, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the Town of Los Altos Hills' principal office for 30 days following the date of the notice, and informing the public that the Town of Los Altos Hills comments will be accepted on the goals for 45 days following the date of the notice. The notice must be published in general circulation media and available minority-focused media and trade association publications. [Per 49 CFR, Part 26, Section 26.45 (g) (2)1, and websites will be the model program to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (mcassingham@losaltoshills.ca.gov) where the proposal may be reviewed. The overall goal resubmission to the Caltrans DLAE, will include a summary of information and comments received during this public participation process and the Town of Los Altos Hills Disadvantaged Business Enterprise Program Pagel 1 of 20 • • Town of Los Altos Hills' responses. This will be due by September 1 to the Caltrans DLAE. The DLAE will have a month to make a final review so the Town of Los Altos Hills may begin using the overall goal on October 1 of each year. XV. Contract Goals (§26.51) The Town of Los Altos Hills will use contract goals to meet any portion of the overall goal the Town of Los Altos Hills does not project being able to meet by the use of race- neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the overall goal that is not projected to be met through the use of race-neutral means. Contract goals will be established only on those DOT-assisted contracts that have _ subcontracting possibilities. Contract goals need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The contract work items will be compared with eligible DBE contractors willing to work on the project. A determination will also be made to decide which items are likely to be performed by the prime contractor and which ones are likely to be performed by the subcontractor(s). The goal will then be incorporated into the contract documents. Contract goals will be expressed as a percentage of the total amount of a DOT-assisted contract. XVI. Transit Vehicle Manufacturers (§26.49) If Dot-assisted contracts will include transit vehicle procurements, the Town of Los Altos Hills will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26, Section 49. The Town of Los Altos Hills will direct the transit vehicle manufacturer to the subject requirements located on the Internet at http://osdbuweb.dot.gov/program s/dbe/dbe.him. XVII. Good Faith Efforts (§26.53) Information to Submitted The Town of Los Altos Hills treats bidders/offerors compliance with good faith effort requirements as a matter of responsiveness. A responsive proposal is meeting all the requirements of the advertisement and solicitation. Each solicitation for which a contract goal has been established will require the bidders/offerors to submit the following information to: Town of Los Altos Hills, Public Works Department, 26379 Fremont Road, Los Altos Hills, CA 94022, no later than 4:00 p.m. on or before the fourth day, not including Saturdays, Sundays and legal holidays, after the bid opening: Town of Los Altos Hills Disadvantaged Business Enterprise Program Pagel2 of 20 • • • The names and addresses of known DBE firms that will participate in the contract; • A description of the work that each DBE will perform: • The dollar amount of the participation of each DBE firm participation • Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; • Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and • If the contract goal is not met, evidence of good faith efforts. Demonstration of Good Faith Efforts The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26,which is attached.. The following person is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to regarded as responsive: Director of Public Works. The Town of Los Altos Hills will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before a commitment to the performance of the contract by the bidder/offeror is made. Administrative Reconsideration Within 10 days of being informed by the Town of Los Altos Hills that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following Reconsideration Official: Ms.Maureen Cassingham, City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills.CA 94022 e-mail: mcassingham@losaltoshills.ca.gov The Reconsideration Official will not have played any role in the original determination that the bidder/offeror did not make document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the Reconsideration Official to discuss the issue of whether it met the Town of Los Altos Hills Disadvantaged Business Enterprise Program Page 13 of 20 • goal or made adequate good faith efforts to do. The Town of Los Altos Hills will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively able to appeal Caltrans FHWA or the DOT. Good Faith Efforts when a DBE is replaced on a Contract The Town of Los Altos Hills will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE, to the extent needed to meet the contract goal. The prime contractor is required to notify the RE immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the prime contractor will be required to obtain the Town of Los Altos Hills' prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the Town of Los Altos Hills' contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. XVIII. Counting DBE Participation (§26.55) The Town of Los Altos Hills will count DBE participation toward overall and contract goals as provided in the contract specifications for the prime contractor, subcontractor, joint venture partner with prime or subcontractor, or vendor of material or supplies. See Caftans' Sample Boiler Plate Contract Documents previously mentioned. Also, refer to XIII: "After Contract Award " XIX. Certification (§26.83(a)) The Town of Los Altos Hills ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. XX. Information Collection and Reporting Bidders List The Town of Los Altos Hills will create 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, and age of firm, type of work provided by firm and annual gross receipts of firms. Town of Los Altos Hills Disadvantaged Business Enterprise Program Pagel4 of 20 • • The Town of Los Altos Hills has incorporated a Bidders List form, identified as Exhibit B, into the Town of Los Altos Hills' solicitation documents, which requires that bidders/offerors provide all required information. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for three years following the performance of the contract. Any authorized representative of the Town of Los Altos Hills, Caltrans or FHWA will make these records available for inspection upon request. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the Town of Los Altos Hills to ensure that the actual amount paid to DBE subcontractor equals or exceeds the dollar amounts stated in the schedule of DBE participation. Reporting to Caltrans The Town of Los Altos Hills will report final utilization of DBE participation to the DLAE using Exhibit 17-F of the Caltrans' LAPM. Confidentiality The Town of Los Altos Hills 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: Maureen Cassingham Town of Los Altos Hills This Disadvantaged Business Enterprise Program is accepted by: Date: Signature of DLAE • Town of Los Altos Hills Disadvantaged Business Enterprise Program Pagel5 of 20 • APPENDIX A TO PART 26 GUIDANCE CONCERNING FOOD FAITH EFFORTS I. When, as a recipient,you establish a contract goal on a DOT-assisted contract, a bidder must, in order to be responsible and/or responsive, make good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this Part, which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. II. In any situation in which you have established a contract goal,part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, it is up to you to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder was actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency the firm's good faith efforts is a judgment call: meeting quantitative formulas is not required. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. • The following is a list of types of actions, which you should consider as part of bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or type of efforts may be relevant in appropriate cases. A. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine Town of Los Altos Hills Disadvantaged Business Enterprise Program Page16 of 20 I • with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in timely manner to assist them in responding to a solicitation. D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non- union employee status) are not legitimate causes for the rejection or non- solicitation of bids in contractor's efforts to meet the project goal. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. Town of Los Altos Hills Disadvantaged Business Enterprise Program Pagel? of 20 • • G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minority/women community organisations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices, and other organisations as allowed on a case-by case basis to provide assistance in the recruitment and placement of DBEs. V. In determining whether a bidder has made good faith efforts, you may take into account the performance of other bidders in meeting the contract. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent successful bidder could have met the goal. If the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. Town of Los Altos Hills Disadvantaged Business Enterprise Program Pagel8 of 20 s4110 .. EDIT A TOWN OF LOS ALTOS HILLS DBE PROGRAM ORGANIZATIONAL CHART TOWN OF LOS ALTOS HILLS CITY COUNCIL . • Maureen Cassingham City Manager Reconsideration Official Henry Louie Director of Public Works DBE Liasison Officer Richard Chen Associate Civil Engineer DBE Support Staff Town of Los Altos Hills Disadvantaged Business Enterprise Program Page 19 of 20 EXHIBIT B TOWN OF LOS ALTOS HILLS BIDDERS LIST All bidders/proposers are required to provide the following information for all DBE and non-DBE contractors, who provided a proposal, bid, quote, or where contacted by the proposed prime. This information in also required from the proposed prime contractor, and must be submitted with their bid/proposal. The Town of Los Altos Hills will use this information to maintain and update a Bidders List to assist in the overall annual goal DBE goal setting process. To the extent permitted by law. All information submitted will be held in strict confidence and will not be shared without you consent. Firm Name: Phone: Address: Fax: Contact Person: No. of years in business _ Is the firm currently certified as a DBE under 49 DFR Part 26? YES NO Type of work/services/materials provided by firm? What were your firm's Gross Annual receipts for last year? Less than$1 Million Less than $5 Million Less than $10 Million Less than $15 Million More than $15 Million This form can be duplicated if necessary to report all bidders(DBEs an non-DBEs)information Town of Los Altos Hills Disadvantaged Business Enterprise Program Page20 of 20