Revised TAMC Contract Templates for Professional Services

1. APPROVE revised contract template for use in contracting for professional services; and
2. AUTHORIZE Executive Director to sign and file Exhibit 9-A and Exhibit 9-B for TAMC's Disadvantaged Business Enterprises Program.

TAMC has approved a template agreement for contracts that are intended to conform closely with revised Caltrans requirements. Specific changes are proposed to the existing standard contract template to comply with new Disadvantaged Business Enterprise (DBE) and Title VI requirements for contracts funded with federal funding.

Approving a revised contract template protects TAMC in the context of changing state and federal contracting rules. There is no direct financial impact from this action.

The US Department of Transportation's Disadvantaged Business Enterprise (DBE) program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally-assisted highway, transit, airport, and highway safety financial assistance transportation contracting markets nationwide. The primary remedial goal and objective of the DBE program is to level the playing field by providing small businesses owned and controlled by socially and economically disadvantaged individuals a fair opportunity to compete for federally funded transportation contracts.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives Federal funds or other Federal financial assistance.

For TAMC contracts utilizing federal funds, the contract template has been updated to include new required language pertaining to DBE and Title VI. Specifically:

• Paragraph 5: Prompt Payment: TAMC requires consultant to pay any subcontractors within fifteen (15) days after receiving each progress payment. (This requirement also shows up in paragraphs 6 and 23.)
• Paragraph 19: Statement of Compliance/Non-Discrimination: paragraph (e) adds Exhibit E: Title VI Exhibit for Federal Contracts

Highlighted sections in the contract template indicate areas for the project manager to edit based on the type of funding and project. This contract template is not used for construction contracts. Any contracts over the $50,000 threshold will continue to be brought to the Board on an individual basis for approval, and any contracts let under the Executive Director's $50,000 threshold for approval will be listed in the appropriate Board report. Staff recommends the Board approve this template for future contracts and authorize the Executive Director to sign and file Exhibit 9-A and Exhibit 9-B for TAMC's Disadvantaged Business Enterprises Program.