DBE Program Information Presentation Caltrans Division of Local Assistance

What is the Purpose of this Meeting? To provide information to local agencies concerning: the transition and implementation of a Race Conscious DBE program race conscious measures applied only to under-utilized DBEs.

Where Were from 5/1/06 to 3/3/09: Race Neutral Program No Contract goals No Good Faith Efforts Employing Race Neutral Measures only

Summary of Events th Circuit Court Decision Established new standards to justify use of goals Recipients must first determine if discrimination exists before applying contract goals Therefore Caltrans: Held DBE Public forums Implemented a wholly Race Neutral Program Conducted a Disparity Study

Summary of Events (cont.) Disparity Study Findings Disparity found in four of the six groups African Americans Asian Pacific Native Americans Women At or near parity for Hispanic and Subcontinent Asian Males

Summary of Events (cont.) Requested Waiver from US Department of Transportation has been approved 49 CFR Part 26.45(h) does not allow for placing race or gender specific contract goals 49 CFR Part does allow for a waiver as long as the waiver allows the recipient to achieve the objectives of the DBE program Objective: To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts

Summary of Events (cont.) FHWA approved DBE Goal for Federal Fiscal Year 2009 on February 25, 2009: 6.75% Race Neutral; 6.75% Race Conscious Contract Goals limited to Underutilized DBEs (UDBEs): African American, Native American, Asian Pacific American, and Women All DBE participation (including Hispanic and Sub Continent Asian participation) is counted towards the Race Neutral portion of the overall DBE Goal

Where are we now…….. Letter from Caltrans Director Kempton to Construction Community Letter from Denix Anbiah, Division Chief, Caltrans Division of Local Assistance to Local Agencies

Posted on the DLA website  Letters (Kempton, Anbiah)  Boilerplate Specs (estimated available March 27)  DBE Forms (including LAPM, Exhibit 9A: DBE Implementation Agreement)  Frequently Asked Questions  Guidance (Good Faith Effort, Calculating Annual Anticipated DBE Percentage Levels)  See “Announcements” on the Local Assistance website:

Local Agencies How will the approved Race Conscious DBE program affect local agencies’ federally funded transportation contracts? Will local agencies have a transition period? What actions must local agencies take? Is there any training available?

Affect on local agency contracts Overall Statewide DBE Goal & Methodology has both Race Conscious and Race Neutral components Continue to Implement Race Neutral measures Reinstate contract goals (Race Conscious measures) Reinstate Good Faith Efforts: In meeting Contract Goal In substitutions during contract administration Contract goals and Good Faith Efforts will be limited to UDBEs only

Local Agency Transition Period Local Agencies have until June 2, 2009 to adopt the Race Conscious DBE Implementation Agreement Strongly encourage local agencies to adopt the Race Conscious DBE Implementation Agreement, to the greatest extent possible, in 60 days. After June 2, 2009, no contracts will be awarded without contract goals.

Actions to take to Transition Action to take NOW: Review any work that you have and determine the UDBE availability and calculate contract goals for contracts you plan to award after June 2, 2009 Action to take NOW: Download the LAPM Exhibit 9A: DBE Implementation Agreement and get it adopted by your local agency Any Requests for Authorizations to Proceed may be submitted with Race Conscious requirements while your Race Conscious DBE Implementation Agreement is in process of adoption.

Annual Submittals (Exhibit 9B) The 2009 Annual Submittals (LAPM Exhibit 9B) will not have to be resubmitted The 2010 Annual Submittals are due June 1, 2009 and should reflect a Race Conscious DBE Program. Guidance for Calculating AADPLs with UDBEs is posted on the Local Assistance website

DBE Training UC Berkeley will be providing DBE Program Training during the month of April Training will be provided in each of the Caltrans Districts District Training Coordinators will be notifying local agencies of the schedule when finalized by UC Berkeley

Caltrans and local agencies’ goal Meet or exceed the Overall Statewide DBE Goal Utilize DBEs Report DBE/UDBE Commitments and Utilization Employ Race Neutral Measures

Questions?

You are representing your agency at this meeting. Please share this information with all relevant parties at your agency. Thank You