HomeMy WebLinkAboutMINUTES - 08082006 - C.10 \ A �;nt)P TO: BOARD OF SUPERVISORS Co
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR na Costa
_ z
o�
DATE: August 8, 2006 `�s __g:= F County
'9 COVN'�
SUBJECT: ADOPT Annual Anticipated DBE Participation Level (AADPL) for U.S. Department of
Transportation Federal Aviation Administration [FAA] Funded Projects, Countywide.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ACKNOWLEDGE receipt of"Annual Anticipated DBE Participation Level(AADPL)and Methodology Report for
FAA Funded Contracts,"dated July 20016, approved by Maurice M. Shiu, Public Works Director.
Based on the report, ADOPT an Annual Anticipated DBE Participation Level of 6.5% of the Federal financial
assistance in FAA assisted contracts administered by the County in federal fiscal year(FFY) 2006/2007.
Continued on Attachment: ❑ SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OFO RD COMMITTEE
[PROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BO ON
6
APPROVED AS I COMMEN D Lul,� OTHER ❑
VO OF SUPERVISORS
UNANIMOUS(ABSENTS I hereby certify that this is a true and correct copy of an action taken
AYES: NOES- and entered on the minutes of the Board of Supervisors on the date
ABSENT- ABSTAIN: shown.
MLH:gh n 6 n,
G:\Design\BOARD ORDERS\2006\DBE Prgm&Goal FAA FFY 06-07(8-1-ATTESTED: `7- 0Q _ �/°� 4
06).doc JOHN""'E&, C16k of the Board Supervisors and County
Orig.Div:Public Works(Design Division) Administrator
Contact: M.Hollingsworth(313-2231)
cc: E.Kuevor.CAO
County Counsel
FAA,via PWD By �� Deputy
SUBJECT: ADOPT Annual Anticipated BE Participation Level (AADPL) for U.S. Department of
Transportation Federal Aviation Administration [FAA] Funded Projects, Countywide.
DATE: August 8, 2006
PAGE: 2 of 2
FISCAL IMPACT:
There is no impact on the General Fund. Adoption of an Annual Anticipated DBE Participation Level(AADPL)in
compliance with Federal Regulations are'a pre-requisite to maintain eligibility for Federal funding.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Federal regulations require notification of the proposed Annual Anticipated DBE Participation Level(AADPL)to
minority and women groups, trade organizations, and the general public. Notices of the proposed Annual
Anticipated DBE Participation Level(AADPL)and Methodology Reports' availability for comment were placed in
the Oakland Tribune, Contra Costa Times and the Small Business Exchange. Notices were also sent directly to
minority and women groups,trade organizations,and special interest group representatives. The Annual Anticipated
DBE Participation Level and Methodology Report was available for review on the Internet,as well as in hard copy.
No comments were received during the requisite 45-day public comment period.
CONSEQUENCES OF NEGATIVE ACTION:
If the Board does not take the recommended actions,FAA will stop authorizing Federal funds earmarked for County
Airport improvement projects.
1
COUNTY OF CONTRA COSTA
ANNUAL ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) AND
METHODOLOGIY REPORT FOR FAA FUNDED CONTRACTS
JULY 2006
1. FAA-ASSISTED CONTRACTING PROGRAM FOR IFFY 2006/07
I
The following represents County of Contra Costa's (County) projected FAA-assisted
contracts and expenditures by work category for FY 2006/07:
Work Item # Work Category Estimated Federal
(NAICS CODE#) Dollars
Consulting Services:
(See Attach.1)
1 Engineering/Const. $157,750
Man I gement/Soils Consultant
(NAICS# 541330)
2 Right of Way Consultant $0
(NAICS # 531390)
3 Environmental Consultant $0
(NAICS # 541620)
Construction:
(See Attach. 2)
4 Contractors (NAICS # $221,678
237310,237990) general
Contractors (NAICS # $364,945
5 238210) electrical
Contractors (NAICS# $254,123
6 2389 IO) fencing
7 Trucking (NAICS #484220) $44,250
TOTAL ' $1,042,746
(See Attachments 1 and 2 for details upon which the above summary is based.)
2. GOAL— METHODOLOGY
Step 1: Determination of a Base Figure (49 CFR Section 26.45 (c))
The County utilized the following methodology in establishing the County's base figure of
relative DBE availability for FFY 2006/07;
• For the numerator — Certified DBE firms under the California Unified Certification
Program (CUCP) as listed on the Caltrans-maintained CUCP DBE directory website
http://www.dot.ca.gov/hq/bep/dbeguery.htm with NAICS'` Codes that include the types
of work anticipated and who reside in Contra Costa County and surrounding counties
that would bid work in Contra Costa County
• For the denominator — All firms on Census Bureau website
http://www.census.qov/epcd/cap/view/cbpview.htm with NAICS Codes that includes the
types of work anticipated who reside in Contra Costa County and surrounding counties
that would bid work in Contra Costa County
Page 1 of 5
I
*NAICS is the North American Industry Classification System and has replaced the U.S.
Standard Industrial Classification (SIC) system. This classification system was developed
jointly by the U.S., Canada, and Mexico to provide new comparability in statistics about
business activity across North America
The County calculated the Base Figure for ready, willing, and able certified DBEs as follows:
1. DBE % by Work Category # of DBEs on Caltrans website by applicable NAICS
of all Firms on Census Bureau website by applicable NAICS]
2, DBE $ by applicable NAICS DBE % by applicable NAICS X $ by applicable NAICS
I
3. Total DBE $ = Sum of DBE $ by applicable NAICS
I
4. Overall Base Figure = Total DBE $/Total Contract $
Using the above described calculations, the overall base is calculated to be 65%
using this formula. The table below tabulates the 6.5% Base Figure calculation.
Calculation of Base Figure:
WORK WORK EST. # OF DBEs TOTAL # DBE % BY TOTAL
ITEM # CATEGORY FED. BY WORK OF FIRMS WORK DBE $
DOLLARS CAT. BY WORK CAT. Sum(Col.
(Col. C) (Col. E) CAT. Col. D=Col. D x Col. C)
(Col. F) E/Col. F
Consulting Services:
1 Engineering/Const. $157,750 378 2241 16.9% $26,660
Management/Soils
2 Right of Way $0 2 564 0.4% $0
3 Environmental $0 37 346 10.7% $0
Construction:
4 Contractors - $221,678 48 313 15.3% $33,917
general
5 Contractors - $364,945 21 1667 1.3% $4,744
electrical
6 Contractors - $254,123 5 688 0.7% $1,779
fencing
7 Trucking $44,250 14 589 2.4% $1,062
Total Fed.: $1,042,746 Total DBE : $68,162
TOTAL BASE FIGURE: [($68,1621$1,042,746)* 100%=] 6.5%
Step 2: Adjustment of Base Figure (49 CFR Section 26.45 (d))
After completing Step 1 of th, process, we then examined all of the available evidence in
our jurisdiction to determine what adjustment, if any, was needed to the Base Figure. As
Page 2 of 5
I
explained below, this process resulted in no adjustment in the Base Figure for an AADPL of
6.5%. Available evidence considered by us included the following:
(1) Current Capacity of DBEs Measured by Actual Utilization:
One potential indicator of the availability and capacity to perform of DBEs is the
volume of work actually performed by DBEs on the County's FAA-funded projects in
recent years. The figures for Fiscal Years 2001/02, 2002/03, 2003/04, 2004/05 and
year-to-date 2005/06 based on total dollars (both local and federal $) paid to DBEs are
set forth in the following itables:
I
FISCAL YEAR
2001102
Work Category $ Paid to Contractors( $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $,141,002 $89,496 63.5%
Construction $793,847 $107,093 13.5%
FISCALYEAR
2002103
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $160,024 $10,083 6.3%
Construction J NA NA NA
FISCAL YEAR
2003/04
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $341,309 $199,009 58.3%
Construction $7,16,000 $93,223 13.0%
FISCAL YEAR
2004/05
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $203,274 $48,243 23.7%
Construction ,NA NA NA
FISCAL YEAR
2005/06(year-to-
date)
Work Category $ Paid to'Contractorsl $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $196,703 $14,163 7.2%
Construction NA NA NA
Totals $2,552,159 $5619310 22% Avg.
Page 3 of 5
Since Fiscal Year 2001/02, the average DBE utilization (measured by the percentage of
dollars paid to DBEs) was 22% . While DBE consultants have performed a large percentage
of our professional services needs (primarily in construction management services), the
DBE contractors, suppliers and truckers have not performed the amount of work in
proportion to their representation. Prime contractors for the fifth consecutive year have
been demonstrating good faith efforts to satisfy our DBE contract requirements. In
reviewing the prime contractors documentation there does not appear to be a lack of DBEs
to solicit subbids and quotes for typical airport work. The lower anticipated participation
level for FFY 06/07 is due to the specialized work planned for the upcoming year and a lack
of qualified DBEs to perform such work. In future years, with more typical airport projects,
the participation level should be higher and more representative of the last five years.
Therefore, there is no compelling reason to adjust the AADPL.
(2) Disparity Studies:
Our research found only one current disparity study in the greater San Francisco Bay
area. We reviewed this disparity study prepared for Alameda County issued in October
2004 by Mason Tillman Associates. The 369 page report covered a wide range of business
types and small local emerging businesses. They did not discuss in detail nor analyze
DBEs as a group. Because of the varying standard used, it is difficult to extrapolate the
results to interpret for our needs.
Step 3: Overall AADPL (49 CFR Section 26.45(e))
In consideration of all the evidence described above, as well as our knowledge of our
contracting market, we have determined that the appropriate overall Annual Anticipated DBE
Participation Level (AADPL)for IAA-assisted County projects in fiscal year 2006/07 is 6.5%.
FINAL SUMMARY
% DBE
Project Items: Fed. $ Amount Fed. $ DBE(,weighted avg.)(1)
I. Consulting Services $157,750 $26,660 16.9%
II. Construction $884,996 $41,502 4.7%
6.5%
Total $1,042,746 $68,162 (weighted avg.)
I. Consulting Services
Item Description Fed. $ Amount Fed. $ DBE % DBE
Engineering $157,750 $26,660 16.9%
Environmental $0 $0 10.7%
Right of Way $0 $0 0.4%
Total $157,750 $26,660 16.9%
Page 4 of 5
II. Construction Contracts
Item Description Fed. $ Amount Fed. $ DBE % DBE
Contractor general $221,678 $33,917 15.3%
Contractor electrical 1 $364,945 $4,744 1.3%
Contractor fencing $254,123 $1,779 0.7%
Trucking $44,250 $1,062 2.4%
Total $884,996 $41,502 4.7%
(1) Percentage of available DBEs is based on NAICS codes and is weighted relative to the total
federal dollars anticipated to be Ispent.
3. PUBLIC PARTICIPATION IN SETTING FINAL OVERALL ANNUAL ANTICIPATED DBE
PARTICIPATION LEVEL
In conformance with Public Participation Regulatory Requirements of 49 CFR Part 26.45
and Caltrans Local Assistance Procedures Manual (LAPM)-Chapter 9, minority, women, small
business enterprises, local business chambers, and community organizations will be directly
notified of the proposed goal, and the availability of this report for their review and comment
prior to final adoption by the County Board of Supervisors.
a i e M. Shiu
Pub ' Works Director
MS:MLH:GH:
G:\Design\CT DBE Forms_Exhibits\FFY 06-07\FAA06-07\Draft AADPL FAA Methodologyffy06-07.doc
Attachments
C: E. Kuevor, DBELO
R.Andrade, FAA
Page 5 of 5
I
CONSULTANTS Attachment 1
PARTICIPATION
FFY 2006/07 FAA PROJECTS
ENGINEERING/CONST.
MANAGEMENTISOILS RIGHT OF WAY EVIRON.
PROJECT CONSULTANT CONSULTANT CONSULTANT TOTALS
AIP 2 Security pgra e ` $80,250 $80,250
AIP 17(Taxiway Elec.&Pavement Design) $77,500 $0 $0 $77,500
TOTAL ' $157,750 $0 $0 $157,750
NAICS DBE%(see report pg.2) 16.95/o 0.400% 10.7% NA
Est.DBE$Participation-Consultant
Services $26,660 $0 $0 $26,660
Final Est.Total DBE%Participation (DBE participation/Total)`100%= %DBE
($26,6601$157,750)'100%= 16,90%
[FHWA 04-05](06-07)DBEreportFAAatt1
Contractor/Truckers Participation Attachment 2
FFY 2006-07 FAA Projects
PROJECT Contractors Trucking Totals
General Electrical Fencing
AIP 12(Security Upgrade) $254,123 $254,123 $26,750 $534,995
i
AIP 17(Taxiway Elec.&Pavement Design) 1$221,678 $110,822 $17,500 $350,000
Total 1$221,678 $364,945 $254,123 $44,250 $884,995
1
NAICS DBE%(see report pg.2) 1 15.3% 1.3% 0.7% 2.4%
Est.DBE Participation in Construction $33,917 $4,744 $1,779 $1,062 $41,502
Final Est.Total DBE%Participation (DBE participation/Total)' 100%= %DBE
($41,502/$884,995)'100%= 4.69%
(06-07)DBEreportFAAatt2/FHWA Summary Sheet 1
. I