Loading...
HomeMy WebLinkAboutMINUTES - 10122004 - C1 TO: BOARD OF SUPERVISORS _ Contra FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR. Costa DATE: October 12, 2004 Y. County SUBJECT: APPROVE Revised County Disadvantaged Business Enterprise (DBE)Program and ADOPT Goals for U.S. Department of Transportation(Federal Highway Administration [FHWA] and Federal Aviation Administration FAA Funded Pro'ects, Count ide. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE the Revised County DBE Program and AUTHORIZE the County Administrator to sign the program on behalf of the County, as required for federally funded highway and airport projects administered by the County. ACKNOWLEDGE receipt of "Annual DBE Goal and Methodology Report for FAA Funded Contracts" and "Annual DBE Goal and Methodology Report for FHWA Funded Contracts,"dated September 2004,approved by Maurice M. Shiu,Public Works Director. Based on these reports,ADOPT an overall DBE goal of 14.3%of the Federal financial assistance in FHW A assisted contracts and 13.4%of the Federal financial assistance in FAA assisted contracts administered by the County in federal fiscal year(FFY) 2004/2005. Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF D COMMITTEE [Ii-APPROVE OTHER SIGNATURE( ) ACTION OF B ON 0aUM 12, APPROVED AS RECOMMENDED OTHER �] VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) Thereby certify that this is a true and correct cagy of an action taken AYES NOES. and entered on the minutes of the Board of Supervisors on the date ABSENT: ABSTAIN: shown. MLH:sr G:\GrpDatalDesign\BOARD ORDERS\2004\ ATTESTED: OC'T'OBER 12, 2004 Revise Co DBE Prgm&Goal(10-32-04).doc JOHN SWEETEN,Clerk of the Board of Supervisors and County Orig.Div.Public Works(Design Division) Administrator Contact: M.Hollingsworth(313-2231) cc: E.Kuevor,CAC) County Counsel Caltrans,via PWD By _ t� ,Deputy FAA,via PWD SUBJECT: APPROVE Revised County Disadvantaged Business Enterprise (DBE)Program and ADOPT Goals for U.S. Department of Transportation(Federal Highway Administration [FHWA] and Federal Aviation Administration [FAA] Funded Projects, Countywide. DATE: October 12, 2004 PAGE: 2 of 2 FISCAL.IMPACT: There is no impact on the General Fund. Adoption of a DBE program and annual DBE goals in compliance with Federal Regulations are a pre-requisite to maintain eligibility for Federal funding. REASONS FOR RECOMMENDATIONS AND BACKGROUND: On January 23, 2001, the Board approved a new County DBE program in compliance with U.S. Department of Transportation (USDOT) DBE regulations. Subsequently, USDOT has clarified prompt pay requirements and required that all federal aid recipients revise their DBE programs to ensure compliance. This revised DBE program included assurances in Section XII of the program that comply with these prompt pay requirements. Federal regulations require notification of the proposed annual DBE goals to minority and women groups, trade organizations, and the general public. Notices of the proposed Annual DBE Goal and Methodology Reports' availability for comment were placed in the San Francisco Chronicle,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 DBE Goal and Methodology Reports were available for review on the Internet, as well as in hard copy. No comments were received during the requisite 45-day public comment period. During this review period, questions arose about a lag in DBE certification renewals being recognized on the Internet website. Because the DBE certifications were checked back in May 2004,a preliminary check in August found several DBE firms'certifications were indeed reinstated. This prompted a complete DBE certification update of all firms in September. This resulted in adjustments to final proposed DBE goals. The annual goals for FHWA funded work changed minimally—0.1%, 14.3%from 14.4%and for FAA.funded work changed+1.7%, 13.4%from 11.7%. CONSEQUENCES OF NEGATIVE ACTION: If the Board does not take the recommended actions, FHWA (through Caltrans) and FAA will stop authorizing Federal funds earmarked for County road,bridge, and airport rehabilitation and improvement projects. COUNTY OF CONTRA COSTA ANNUAL DBE GOAL AND METHODOLOGY REPORT FOR FHWA FUNDED CONTRACTS September 2004 1. FHWA-ASSISTED CONTRACTING PROGRAM FOR FFY 2004/05 The following represents County of Contra Costa's (County) projected FHWA-assisted (USDOT funded) contracts and expenditures by work category for FY 2004/05: Werk Item # Work Category Estimated Federal %Fed. Funding By Dollars Work Category Consulting Services: (Attach.l) 1 Structural Engr. $225,000 23.38% 2 Soils/Foundation $103,000 10.70% 3 Environmental $34,400 3.57% 4 Right of Way $100,000 10.39% Construction: (Attach. 2) 5 Prime Contractor $275,310 28.61% 6 Subcontractor $147,295 15.31% 7 Supplier/Mfr. $77,395 8.04% TOTAL $962,400 100,00% (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 elected to utilize the following methodology in establishing the County's base figure of relative DBE availability for FFY 21304/05: • For the numerator -- Certified DBE firms on County Public Works department's Bidder List and Consultants List by Work Category • For the denominator -- All firms on County Public Works Department's Bidder List and Consultants List by Work Category The County's list of firms used for this study was comprised of 1) a Bidders list composed of all firms who bid or quoted on County's DOT-assisted construction bids from 2002 to 2003 identified on prime contractors' bid proposals and good faith effort documentation (Attachment 3), and 2) all firms who are on the County Public Works Department's Consultant Master List maintained by the Design Division (Attachment 4). The County calculated the Base Figure for ready, willing, and able certified DBEs as follows: Y_ % of Fed. $ by Work Category #of DBEs on CountylDept. lists by,Work Category #of all Firms on County/Dept. lists by Work Cat( Base Figure Page 1 of 5 The base figure is calculated to be 16.18% using this formula. The table below tabulates the 16.18% Base Figure calculation. Calculation of Base Figure: WORK WORK EST. % FED. #OF TOTAL# BASE ITEM # CATEGORY FED. FUNDING DBEs BY OF FIRMS FIGURE DOLLARS BY WORK WORK BY WORK CALL. (Col. C) CAT. GAT. CAT. (Col. (Col. D) (Col. E) (Col. F) G=Col. D x [Col. E/Col. F]) Consulting Services: 1 Struct. Engr. $225,000 23.38% 6 49 2.86% 2 Soils/Foundation $103,000 10.70% 4 37 1.16% 3 Environmental $34,400 3.57% 24 120 0.71% 4 Right of Way $100,000 10.39% 1 10 1.04% Construction: 5 Prime Contractor $257,310 28.61% 4 37 3.09% 6 Subcontractor $147,295 15.31% 16 90 2.72% 7 Supplier/Mfr. $77,395 8.04% 12 21 4.60% TOTAL BASE FIGURE: 16.18% Step 2: Adjustment of Base Figure (49 CFR Section 26.45 (d)) After completing Step 1 of the goal-setting 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 explained below, this process resulted in a 1.54% decrease in the Base Figure for a proposed DBE goal of 14.3% (14.34% rounded). Available evidence considered by us included the following: (1) Availability and Capacity to Perform of DBE Suppliers/Manufacturers: Supplier vs. Manufacturer: The calculations above for"Supplier/Mfr." do not differentiate between supplier (DBE credit=60% of dollar value) and manufacturer (DBE credit=100% of dollar value). All DBEs on our bidder's list are suppliers and not manufacturers. The Base Figure, which is 100% of the estimated material cost, should be adjusted to reflect this fact. Therefore the DBE goal should be decreased 1.84% (40% * 4.59%= -1.84%). (2) 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 FHWA-funded projects in recent years. The figures for Fiscal Years 2000/01, 2001/02, 2002/03 and year-to-date 2003104 based on dollars paid to OBEs are set forth in the following tables: Page 2 of 5 FISCAL.YEAR 2000/01 Work Category $ Paid to $ Paid to DBE Firms %Paid to Contractors DBE Firms Consulting Services ; $334,979 $80,058 23.9% Construction i $3,405,845 $163,620 4.8% FISCAL YEAR 2001102 Work Category $ Paid to $ Paid to DBE Firms % Paid to Contractors DBE Firms Consulting Services $305,340 $127,664 41.8% Construction $108,554 $6188 5.7% FISCAL.YEAR 2002/03 Work Category $ Paid to $ Paid to DBE Firms % Paid to Contractors DBE Firms Consulting Services $2101,029 $83,789 39.9% Construction $1,168,000 $6188 4.1% FISCAL YEAR 2003104{year-to- date Work Category $ Paid to $ Paid to ME Firms % Paid to Contractors DBE Firms Consulting Services $99,778 $9047 9.1°Ire Construction $365,660 $15,100 4.1% Totals $5,998,185 $532:,966 8.9% Since Fiscal Year 2000101, the average DBE utilization (measured by the percentage of dollars paid to DBEs) was 8.9% (14.25% discounting the one large construction project in 2000/01). 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 fourth 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. The DBEs either submit higher bids or chose not to bid. Based on this historical information, there is no compelling reason to reason to adjust the goal. (3) Disparity Studies. We tried to locate current, relevant disparity studies conducted within our jurisdiction but did not find any. Therefore, no adjustment to the Base Figure was made on that basis. Page 3 of 5 Step 3: Overall DBE Coal (49 CFF(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 DBE goal for FHWA- assisted County projects in fiscal year 2004/05 is 14.3%. FINAL SUMMARY Proioct Items: Amount DBE % DBE 1. Consulting Services $462,400 $55,566 12.02% 11, Construction $500,000 $82,485 16.50% Total $962,400 $138,051 14.3% 1. Consulting Services Item Description $Amount $ DBE % DBE Structural Engineering $225,000 $27,551 12.24% Soils/Foundation $103,000 $11,135 10.81% Environmental $34,400 $6,880 20.0010 Right of Wa 1100,000 $10,000 10.00% Total $462,400 $55,566 12.02% 11. Construction Contracts Item Description $ Amount $DBE % DBE Prime Contractor $275,310 $29,763 10.08% Subcontractor $147,295 $26,186 17.78% Slier/Manufacturer $77,395 $26,536 34..29% Total $500,000 $82,485 16.50% 3. UTILIZATION OF RACE-NEUTRAL AND RACE-CONSCIOUS METHODS The County projects meeting a portion of the goal, 2%, by utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of CBEs and other small businesses. The 2% goal is further supported by the fact that 14.9% of the firms on the County's Consultant list (Attach. 4) are certified DBE firms. There is a reasonable chance that these DBE firms will secure prime consultant services contracts with the County. Page 4 of 5 It is anticipated that the remaining portion of the goal, 12.3%, will be accomplished through race-conscious measures, which includes establishing specific goals on contracts with subcontracting possibilities, when needed, to meet the County's overall annual DBE goal. 4. PUBLIC PARTICIPATION IN SETTING FINAL OVERALL ANNUAL ©BE GOALS In conformance with Public Participation Regulatory Requirements of 49 CFR Part 26.45 and Caltrans Local Assistance Procedures Manual (LAPM)-Chapter 9, minority, women, local business chambers, and community organizations will be directly notified of the proposed goal, and the availability of this report for their review and comment prior to final adoption by the County Board of Supervisors. i ,,,,,,M�aurice . ` Public Works director fvls:MLH G:\GrpData\Design\CT DBE Forms_Exhibits\FFY04-05\FHWA FFY 04-05\FinalFHWA DBE Goals&Methodologyffy04-05.doc Attachments C: E.Kuevorr,DBELO A.Duffy,Caltrans Page 5 of 5 May 26,2004 CONSULTANTS Attachment 1 PARTICIPATION FFY 2004105 FHWA PROJECTS (Fed.$,except as noted)) STR. CONST, RICHT OF PROJECT iFsd.% DESIGN SOILS €VIRON1PERMITS MGMT. SURVEY WAY OTHER SecuredSecured NA Secured Bethel Island Bridge 80% _ FFY00-01 FFY00-01 Nearing completion ! FFY 2006 FFY99-00 $100,000 NA Canal Road Bridge 8010 Inhouse $32,000 NA inhouse FFY2006+ NA Inhouse NA inhouse INA Irorrhorse Trail Pod.O.C.` 188.50% NA(local$) $) NA(1-cal $} NA(local$) NA(local$) NA NA(local$) Orwood Bridge Replacement _ 80°l0 225,000 75,000 X34,40-- FFV 2006+ NA INhouse >FFY 04-05 4 to TOTAL CONSULTAN Bidder's List DOE%(See Att. 4) M2% 13.5% 19.2% 4.7°l0 5.6°Io 1{1.0°la 8.3% Est USE Participation 19,8°h $22,950 $13.905 $6,805 $0� ; $0 $10,000 $0 Est.DOE Total Fed,$ — �� Participation $53,480 •Only the construction contract is federally funded. lFHWA 04.05j(04-05)DBEreportFHWAattt,xis May 26,21304 Contractor Participation Estimates Attachment 2 FFY 2004-05 FHWA Projects (Fed. $) Page I PROJECT Prue Contractor Subcontractor Supplier Trucking Iron horse Trail D.C. $275,310. $147.295 $77,395; $ TOTALS $275,310 Bidder's List DBE° per Attachment 3j 10.8% 19.6% 57.1%1 52.4% before adjustment $29,7331 _ $28,8701 Est.DBE Participation in Construction base figure) j .�.�... # _ -� $44+193 � $0 Adjustments* $0 — _ $0 $17$77 — $0 Final Est.Participation in Construction(Fed.$) $29,733 $26,870 $26,516) $ Final Est, Total DBE% Participation (($29,733+$28,870+$26,516)!$500,000}"°100%= 17.02% " Adjustments to mase calculations Supplier vs Manufacturer:The calculations above for"Supplier."do not differentiate between supplier(DBE credit=613%of dollar value) and a manufacturer(DBE credit=100%of dollar value). All DBEs on our bidder's list are suppliers and not manufacturers. The Base Figure ($44.193),which is 100%of the estimated material cost,should be adjusted to reflect this fact. Therefore the DBE participation should be decreased 40%(-40%*$44,193=.-$17,677). (04-05)DBEreportFHWAatt2pagel.xislFHWA Summary Sheet 1 May 26,2004 Contractor Participation Estimates Attachment 2 FFY 2004-05 FHWA Project* IRON HORSE TRAIL O.C. Estimated Total Project Cost $ 3,500,000 Total Federal f=unds $ 500,000 Contract Costs Estimated Contract Cost $ 2,573,243 Federal Share(Fixed$) $ 500,000 Local Share $ 2,073,243 TYPE OF WORK Work Performed Federal Share By(Cat.) (Approx. Total Fed. $ Type of Work SIC Code Contract Cost 19.4%) Local Share by Cat. Construct Piles P $ 231,600 $ 45,002 $ 186,598 Mobilzation P $ 50,000 $ 9,715 $ 40,285 Structural Concrete P 1622 $ 236,086 $ 45,873 "0,213 Prime Cont. Structural Steel P 1791 $ 899,195 $ 17.4,720 $ 724,475 $ 275,310 Chain Link Railing__ S $ 40,000 $ 7,772 $ 32,228 Demolition S 1795 $ 21,651 $ 4.207 $ 17,444 Drill Pile Holes S 1629 $ 85,600 $ 16,633 $ 68,967 Embankment/Backfill S 1611 $ 16,000 $ 3,109 $ 12,891 Joint Seals S $ 4,200 $ 816 $ 3,384 Landscaping S $ 20,000 $ 3 886 _$ 16,114 Li htln S $ 55,000 $ 10 687 $ 44,313 Minor Concrete S $ 72,800 $ 14,146 _$ 58,654 Paint Steel S $ 20,000 $ 3,886 $ 16,114 Pavia S 1611 $ 12,100 $ 2,351 $ 9,749 Reinforcing Steel S $ 234,291 $ 45,524_ $ _188,767 Signs S $ 5,000 $ 972 $ 4,028 Striping S 1721 $ 4,410 $ 857 $ 3,553 Traffic Control S 7389 $ 20,000 $ 3,N6 $ 16,114 Tubular Railing S $ 72,000 $ 13,990 $ 58,010 Subcontractor Utilities S $ 75,000 $ 14,573 $ 60,427 $ 147,295 Subtotal $ 2,174,933 MATERIALS(Purchased by Prime Contractor*) Materials SIC Code Contract Cost Federal Share Local Share Concrete PCC M 3273 $ 151,960 $ 29,527 $ 122,433 Materials Structural Steel M $ 246,350 $ 47,868 $ 198,482 $ 77,395 Subtotal $ 398,310 Total Est. Const. Contract $ 2,573,243 $ 500,000 $2,073,243 *Only construction project for FFY 04-05 Assumptions used in adjusting project costs to separate out material costs where applicable. 1. Concrete construction is 1/2 to 1/3 materials 2. Reinforcing steel is only separated out for major structures 3. Only materials purchased by prime contractor are eligible for DBE supplier credit. A DBE subcontractor would count 100%of their material purchase towards DBE goal. It is an extraordinary instance when a non-DBE subcontractor's material purchases are claimed by the prime contractor towards meeting the DBE goal. (04-05)DB E reportFH W Aatt2page2.xis ironhorse Trail O.C. September 2004 2002-2003 Federal Aid Project Bidders Attachment 3 FYY`04-05 FHWAIFAA DBE Goal Report Prime/Bub/Supplier/ No. Bidder's Names Trucker Work Description Last Bid 1 A.J.Vasconi DBE Prime Contractor Structures 2003 2 Bleyco Incorp. DBE Prime Contractor Electrical 2003 3 J.A.Gonsalves&Son Construction Co. DBE Prime Contractor Exc./Paving 2002 4 Vargas&Esquivel Const.,Inc. DBE Prime Contractor exc/paving 2002 5 ABEL Construction DBE Subcontractor grinding 2003 6 AC Dike Co. DBE Subcontractor AC Dike 2002 7 Bay Line Construction DBE Subcontractor sawcutting 2002 8 Cal Safety, Inc. DBE Subcontractor construction area signs 2003 9 Diaz Corporation DBE Subcontractor striping 2003 10 Harding Construction DBE Subcontractor minor concrete 2003 11 Jonas&Associates DBE Subcontractor painting 2002 12 Lane Safety Co., Inc. DBE Subcontractor traffic control 2003 13 MS Environmental Solutions DBC Subcontractor erosion control 2003 14 Nitta Construction, Inc. DBE Subcontractor erosion control 2002 15 Oliveira Fence,Inc. DBE Subcontractor fence 2003 16 Schotka Construction Inc. DBE Subcontractor construction area signs 2003 17 Statewide Safety&Signs, Inc. DBE Subcontractor construction area signs 2003 18 Superior Coring and Cutting,Inc. DBE Subcontractor concrete coring 2002 19 Superior Hydroseeding DBE Subcontractor hydroseeding 2003 20 Vargas&Esquivel Const., Inc. DBE Subcontractor exc/paving 2003 21 Aamigo Company, Inc. DBE Supplier pipe 2002 22 ACCRA DBE Supplier signage 2003 23 B&B Diversified Materials DBE Supplier electrical 2003 24 CCP DBE Supplier misc.materials 2003 25 Contractors Construction Products DBE Supplier drainage materials 2003 26 Flight Light, Inc. DBE Supplier electrical 2003 27 Kus'tum Steel Fabricators DBE Supplier Structural Steel 2002 28 Motheriode Concrete Construction DBE Supplier Precast 2003 29 Omega Pacific Electrical DBE Supplier electrical 2003 30 (Ontiveros Construction DBE Supplier Precast 2003 31 Triumph Geo-Synthetics,Inc. DBE Supplier geo textiles 2003 32 W. C. Goolsby DBE Supplier liquid asphalt 2003 33 Chavez Trucking DBE Trucker trucking 2003 34 CJC Trucking DBE Trucker trucking 2003 35 Cobra Trucking DBE Trucker trucking 2002 36 Dellafosse Trucking,Inc. DBE Trucker trucking 2002 37 JTC Jackson Trucking DBE Trucker trucking 2003 38 Martini Trucking DBE Trucker trucking 2002 39 Mattos Equipment Transport DBE Trucker trucking 2003 40 Monroe Trucking DBE Trucker trucking 2003 41 Paul E.Vaz Trucking DBE Trucker trucking 2003 42 Tating Trucking DBE Trucker trucking 2002 43 Tess!Trucking DBE Trucker trucking 2002 44 Williams Trucking DBE Trucker trucking 2003 45 Albay Construction Prime Contractor Structures 2002 46 Amelco Electric, Inc. Prime Contractor electrical 2003 47 Argonaut Constructors Prime Contractor exc/paving 2002 48 Barri Electrical Co. Inc. Prime Contractor electrical 2003 49 Bay Cities Paving&Grading Prime Contractor Exc./Paving 2003 50 Bruce Carone Grading&Paving,Inc. Prime Contractor exc./paving 2002 51 Cal Electric,Inc. Prime Contractor electrical 2003 52 George Bianchi Cosntruction Inc, Prime Contractor Structures 2003 53 Ghilotti Brothers Construction, Inc. Prime Contractor grading and paving 2003 FFY'04-05 Common Folder Final(04-05)DEEreportFHWA FAAattIxis 1 of 4 September 2004 2002-2003 Federal Aid Project Bidders Attachment 3 FYY'04-05 FHWA/FAA DBE Goal Report Prima/Sub/Supplier/ No. Bidder's Names Trucker Work description Last Bid 54 Ghilotti Construction Company Inc. Prime Contractor Grading,paving&Structures 2003 55 Granite Construction Co. Prime Contractor Grading,paving&Structures 2003 56 Hess Concrete Construction Prime Contractor Exc./Paving 2002 57 Lucas Concrete, Inc. Prime Contractor concrete 2002 58 Magglora&Ghilotti Inc. Prime Contractor Structures 2003 59 McGuire&Hester Prime Contractor Exc./Paving 2002 60 MCK Services, Inc. Prime Contractor exc/paving 2002 61 North Bay Construction, Inc. Prime Contractor Structures 2003 62 O.C.Jones and Sons, Inc. Prime Contractor Grading and Paving 2003 63 Redgwick Construction Company Prime Contractor paving and grading 2003 64 Rosendin Electric, Inc. Prime Contractor electrical 2003 65 Royal Electric Co. Prime Contractor electrical 2003 66 Sposeto Engineering,Inc. Prime Contractor exc/paving 2002 67 St. Francis Electric Prime Contractor Electrical 2003 68 Steiny and Company,Inc. Prime Contractor electrical 2003 69 Stone Engineering Contractors Prime Contractor Structures 2003 70 Taber Construction Prime Contractor Structures 2003 71 Top Grade Construction,Inc. Prime Contractor Structures 2003 72 Underground Construction Co., Inc. Prime Contractor trenchingiconduits 2003 73 Valentine Corporation Prime Contractor Structures 2003 74 Vanguard Construction Prime Contractor exc/paving 2002 75 Viking Construction Prime Contractor Structures 2003 76 W. Bradley Electrical, Inc. Prime Contractor electrical 2003 77 W. R.Forde Associates Prime Contractor grading and paving 2003 78 AAA Fence Company,Inc. Subcontractor Fence 2002 79 Abbott Construction Subcontractor Structure concrete 2003 80 ACL Construction Subcontractor concrete barrier 2003 81 American Civil Constructors Subcontractor erosion control 2003 82 Amillo Steel Subcontractor Rebar 2002 83 Anrak Corp. Subcontractor grinding 2003 84 APCO Subcontractor AC Dike 2002 85 Bay Cities Paving&Grading Subcontractor Paving 2003 86 Bobble Mack Grinding(Penhali) Subcontractor grinding 2003 87 Bruce Enterprises Subcontractor signs and striping 2003 88 California Rebar Subcontractor Rebar 2003 89 Central Striping Service Subcontractor striping 2002 90 Chrisp Co. Subcontractor Striping 2003 91 Concrete Structures Subcontractor Shotcrete 2002 92 Construction Survey Subcontractor survey staking 2002 93 Continental Electric Subcontractor electrical 2003 94 CTM Construction Subcontractor concrete barrier 2003 95 CWS Subcontractor Demolition 2002 96 D&L Concrete Pumping Subcontractor concrete pumping 2003 97 Design interlocking Pavers Subcontractor concrete pavers 2003 98 Diablo Grinding, Inc. Subcontractor grinding 2003 99 Ecco Engineering&Construction Co. Subcontractor electrical 2003 100 European Paver Subcontractor concrete pavers 2003 101 Far West Safety Subcontractor construction area signs 2003 102 Golden State Traffic Services Subcontractor Traffic Control 2003 103 Griffin Soil Company(GSC) Subcontractor base stabilization 2002 104 H.Maxlee Subcontractor concrete barrier 2003 105 Harris-Salinas Subcontractor Rebar 2002 106 Herzer Landscape Subcontractor landscaping/pavers 2003 FFY'04-05 Common Foider Final{04-05)DBEreportFHWA FAAatt3xts 2 of 4 September 2004 2002-2003 Federal Aid Project Bidders Attachment 3 FYY'04-05 FHWA/FAA DBE Goal Report Primo/Sub/Supplier! No. Bidder's Names Trucker 'Work Description Last Bid 107 Jeffco Subcontractor Painting 2003 108 Rent's Oil Service, Inc. Subcontractor Oil and PRF 2003 109 Lean Engineering Subcontractor Materials Testing 2003 110 M. Brown Electric Subcontractor electrical 2002 111 M, Burngarner Inc. Subcontractor guard railing 2003 112 M.B.1 Subcontractor Guard Rail 2003 113 M.F. Maher Company, Inc. Subcontractor minor concrete 2003 114 Malcolm Chilling Subcontractor Drilling 2002 115 MBI Subcontractor guard rail 2003 116 MCE Corp. Subcontractor Paving 2003 117 MCK Services, Inc. Subcontractor paving 2002 118 Metal Set Subcontractor Structural Steel 2002 119 Metamorphosis Subcontractor erosion control 2003 120 Mission City Rebar Subcontractor rebar 2003 121 Nichols Concrete Sawing Subcontractor sawcutting 2003 122 Notch American Fence Subcontractor fence 2003 123 Northern California Crck Sealing Subcontractor crack seal 2002 124 Nothern California Fence Co. Subcontractor Fence 2003 125 Pack Bay Subcontractor boring 2003 126 Pacific coast Drilling Subcontractor drilling 2003 127 Pagni Construction Subcontractor crack seal 2003 128 PCN Construction Subcontractor guard railing 2003 129 Power System Testing Subcontractor Electrical Testing 2003 130 Redwood Subcontractor Painting 2002 131 Retaining Walls Co. North Subcontractor cribwalls 2002 132 Riley Striping Subcontractor striping 2003 133 RMT Landscape Construction, Inc. Subcontractor landscaping 2003 134_Royal.Electric Subcontractor electrical 2002 135 Rubberized Crackfiller Subcontractor crack seal 2002 136 Sierra Pacific Earth Retention Subcontractor cribwalls 2002 137 Sllverado Subcontractor demolition 2003 138 Solt Enterprises Subcontractor Demo/C&G 2003 139 Spirit Road Oils Subcontractor PRF 2003 140 St. Francis Electric Subcontractor electrical 2002 141 Stone Engineering Contractors Subcontractor minor concrete 2003 142 Strange and Chalmbers Subcontractor minor concrete 2003 143 Striping Graphics Subcontractor striping 2002 144 Tennyson Electric Subcontractor electrical 2002 145 United Rentals Highway Technology Subcontractor CAS&Traffic Control 2003 146 Upgrade Construction&Drilling- Subcontractor Drilling 2003 147 Vellicitti&Pelliclotti Subcontractor Grading and paving 2003 148 Vickers Sawcutting Subcontractor concrete coring 2002 149 West Coast Subcontractor Drilling 2002 150 Western Stabilizaation Subcontractor base stabilization 2002 151 Womack Striping Subcontractor striping 2002 152 Antioch Rock and Readimix Supplier PCC 2003 153 County Quarry Supplier Asphalt Concrete 2003 154 Hansen Aggregates Supplier AB 2003 155 Lawson Rock and Oil Supplier liquid asphalt 2003 156 United Rentals Supplier signs 2003 157 United Rentals Supplier signs 2002 158 R&S Trucking, Inc. Trucker trucking 2003 159 Royal Trucking Trucker trucking 2003 FFY'04-05 Common Folder F1ne1(04-05)06EreportFHWA FAAstt3.x1s 3 of 4 September 2004 2002-2003 Federal Aid Project Bidders attachment 3 FYY'04-05 FH WA/FAA DBE Goal Report Prime/Sub/Supplier/ No. Bidder's Dames 'trucker Werk Description Last Sid 160 S&S Trucking Trucker trucking 2003 161 Von Euw and Nunes Trucker trucking 2003 Prime/Sub/Supplier/Trucker Summary Total# Extension DBE°Ids dbeprime 4 4/37x 100%= 10.8% dbesub 16 16/90x 100%= 17.8% dbesup 12 12/21x 100%= 57.1% dbetrucker 12 12/21x100°!c= 57.1% Non-DBE Primes/Total#of Primes 33/37 - Non-DBE Subs/Total#of Subs 74/90 - Total# of suppliers(assume 21 total, 3 sup. per project,7 projects,excluding paving and rock sup. ) 21 - Total#of truckers(7 projects,assume 3 truckers were solicited per project) 21 - FFY'04-05 Common Fo#der FinaS(04-05)DBEreportFHWA FAAattlxis 4 of 4 �'' to i to c,< � csesc� wm i a as a , na � na3aaaba t { I Ci Gf Yi4> a C1 t7 i. 04 mIL _ 444 'n lm1j. Z _�'; � i"'� i • I C7� o. I� ��1 K� i � ��� ! S 6S n a'� .Z�3 �'�� m l7CIfC9 fili 1 � , � Will'! r8"; � 'a '}� #7' 3 :;a• a ' � _ ia a 'ir x!1 x x X 1 ix {k 1 'ix x� x X x m f � � gim 0 =d ml m III •' ,X f10 m i X x x mm m�iw x Xm ; m a rri ;v:v, ,m I lm' m m m nim 'm m;m m m o i I I I X ix x i jx; x_ �. x Ix lJ i 7LF I _ I I 1 i i : I tom, XIX X 'X X I + ' �x IX _Jm R' n ro a ion �i 57 G): G'�61 Rpm m m m Rti m m m,m m o o a a a CS'P la a C71C�t7 C7 C7 t7 CS't7 7t7 t7 A ire ml n'�mr R �t f 5"�" �' �"z a'o � � b I m b� b rnXsw 0 CS 10109 �' Ia. mmzCC is m{ppyySS C3 Z Z 6 yZt i -r„ 'ti�' (Jj C7 pp', mi{ I— rn N 0 Ct � �, Mir) � .[b ni� Z. �'.CS yi n 3 CJ m F.i t�'V R .� f' m C?C C3�• Stt I" a Z Z !» �T'c Cl 7J L$ k° W y C7 N az prr m US 2. ic�nS° z O �'x P�( or aj--uc6 z " ` Lnm a� en I o y 1 �Zlou s � v �QQii '� y� xyc S Z B• b C5 ffl i Z i g "" 3 "s fi C fi U) z m t3'' IfmN; W w r !Z 11 Z'— oi I 1 m IS1 Z C7 b C11 1 cn ZI i51 1 r ISI in I �N 8 mor m it ISI j i it i � i � I N N+*.'Ns pNp�Y�y in yN��"p+N N.�ppN ��yy 1111: ,,yyNIO1' 1411I-8 fblt0 , I� � WN� 11 �IWd�6D PP W ry�y�pj O6tJtS®W I W ifr�1�. � �n '� m�m�n �� s, P `m m i�?;�.IF . omet elll- �. F .F I iSy m x 'x x x x m ''. I i I � x x x m i x l W xix x x Tco x' x X: x a r N i X m x x m x XI Im. 3 O I I x m r me e rrI _ _ .0 fit m o r CD w X w x)J. x x iX,Xlx 1 x x w!i3 Iw I w j 3 a s w m ( I m� �m � x Im ED xl x Ix x x I j xl I I ' � i fx �xT x x x ! a a A x x w x ! x� ' I i m. I x e I i i ' I x x y { Ch m unj i w m o Q) w: z rn m t .m m I V � m m 1 In� x x x b a a a n,r r IBM iZ m m G &j . a I �U, = 1114. ! r u I� { ' n j6 jy �' z m Gni PEA zo Itt j i I n I .C� irn Im t Fi N W 'W i�N WiCt h] 5pp t g_rixsPVT; mznm• of o Lim, i Ixxx X x x x x x Cyt{ xx i x' �x �x ixl I m A I ix j1 x x x im ;xi I x w I S 1 1 I xi x x x X 4 x x rrn m x m m x x xi x�x xIY I ; I ; fft xi t I C" I i ,X :x l IX j m m ou cn m j x ix Hx m xlx m mi x E m ! I` t s a MTV I f it EtfJ Jrn a saa 1 to �q 63 ?l • ml tFig ';'� is a � Pi G3 i rn�' G m m 55 �y , ? R y ! 1® tYm1142) . Z 05 1 j cb I ' wfa:...'N N N ?t1 N �iVtJ N N h3��AT N N t N N 1�•^ w� Nwr naww, w a .41 ..a w'ww row w w w.tw w ca naw oil X Xi x, fx: x , m x x mi � r C ! 1 Ix} Ixj i ( �! ,x i ( X x > i ! 1, x i ! :m X X x x I x C �-- x( # x x X X Xfx � X 'm + I X 1 , aan Ix � I 1 � a �• 1 xl X 71 7 7 nn� xl x !x.�..�x m x �41 E I X X XI I � ' 'ix xI ix r � i � � �� v•x >n ml `�7yss� n a e � �o `tA �� � m(/ � �'�� � m I.r a pRp2 $ ''jl� `�1 `0�� = z�kt3flt� � ! ''•'�� I. � mg qsm f1 � m2 = m2m' �(nm mm io 11 IsIn II. y9I m. l1I4 • m C>:'0n'® .I `� m,_ Cx m m { I ;WAN W: NNW W W V W I N1W�W W W N:W W W W W W ry� 6 7 = � C'1 C! O � _ � 8 = !�I 4�1 = m ' � 1 I ! I x x ! ix' _ w m I � I I I I I s m ml i I x x x m x i m I x I co 14 w mI Ill _ l a m Tj m fn x 02 m m jximl X X m X fix ' I 'I m x x1 XIc mi m m. m m m m--p Xi i m I I ! I I - x: 'm ml jxj X x x x CD o gn I m m i ! i ! I W , T LI i ai Q, �ixx �x m : x x x xlxl x Das X im x ' I in Im 1 o e+ w ,fq fCT Ggg�y s'�Ir r ' m4 'a 9 _m _ I ` x I x x � ami I dam, t xixl x f 1 0 z m bo vt my v 3 xx mi 4 re off. y i A :Mmm Iw' rn y 3 1 r �! 1 � x x'I 1 kYx+> r r i x % x Ix � is COUNTY OF CONTRA COSTA ANNUAL DBE GOAL AND METHODOLOGY REPORT FOR FAA FUNDED CONTRACTS September 2004 1. FAA-ASSISTED CONTRACTING PROGRAM FOR FFY 2004105 The following represents County of Contra Costa's (County) projected FAA-assisted (USDOT funded) contracts and expenditures by work category for FY 2004105: Work Item# Work Category Estimated Federal %Fed. Funding By Dollars Work Category Consulting. Services: (Attach. 1) 1 Civil Design $40,000 3.52% 2 Airport Design $205,000 18.06% 3 Environmental $75,000 6.61% 4 Construction $85,000 7.49% Management 5 Other $165,900 14.61% Construction: (Attach. 2) 5 Prime Contractor $251,775 22.18% 6 Subcontractor $228,600 20.14% 7 Supplier/Mfr. $83,925 7.39% TOTAL $1,135,200 100.00% 2. GOAL—METHODOLOGY Step 1: Determination of a Base Figure (49 CFR Section 26.45 (c)) The County elected to utilize the following methodology in establishing the County's base figure of relative DBE availability for FFY 2004/05: • For the numerator — Certified DBE firms on County Public Works Department's Bidder List and Consultants List by Work Category • For the denominator — All firms on County Public Works Department's Bidder List and Consultants List by Work Category The County's list of firms used for this study was comprised of 1) a Bidders list composed of all firms who bid or quoted on County's DOT-assisted construction bids from 2002 to 2003 identified on prime contractors' bid proposals and good faith effort documentation (Attachment 3), and 2) all firms who are on the County Public Works Department's Consultant Master List maintained by the Design Division (Attachment 4). The County calculated the Base Figure for ready, willing, and able certified DBEs as follows: Z % of Fed. $ by Work Category#of DBEs on County/Dept. lists by Work Category j = #of all Firms on County/Dept. lists by Work Catego Base Figure Page 1 of 5 The base figure is calculated to be 16.61% using this formula. The table below tabulates the 16.61% Base Figure calculation. Calculation of Base Figure: WORK WORK EST. % FED. #OF TOTAL# BASE ITEM # CATEGORY FED. FUNDING DBEs BY OF FIRMS FIGURE DOLLARS BY WORK WORK BY WORK CALC. (Col. C) CAT. CAT. CAT. Col. D x (Col. D) (Col. E) (Col. F) (Col. E/Col. F) Consulting Services (Attachment 1): 1 Civil Design $40,000 3.52% 5 47 0.37% 2 Airport Design $205,000 18.06% 2 13 2.78% 3 Environmental $75,000 6.61% 24 120 1.32% 4 Construction $85,000 7.49% 4 42 0.71% Management 5 Other $165,900 14.61% 6 60 1.46% Construction (Attach. 2) 5 Prime Contractor $251,775 22.18% 4 37 2.40% 6 Subcontractor $228,600 20.14% 16 90 3.58% 7 Supplier/Mfr. $83,925 7.39% 12 21 4.22% TOTAL BASE FIGURE: 16.85% Step 2: Adjustment of Base Figure (49 CFR Section 26.45(d)) After completing Step 1 of the goal-setting 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 explained below, this process resulted in a 3.49% decrease in the Base Figure for a proposed DBE goal of 13.4% (13.36% rounded). Available evidence considered by us included the following: (1) Availability and Capacity of DBEs to perform: Supplier vs. Manufacturer: The calculations above for "Supplier/Mfr." do not differentiate between supplier (DBE credit=60% of dollar value) and manufacturer (DBE credit=100% of dollar value). All DBEs on our bidder's list are suppliers and not manufacturers. The Base Figure, which is 100% of the estimated material cost, should be adjusted to reflect this fact. Therefore the DBE goal should be decreased 1.69% (-40% *4.22%= -1.69%). DBE prime contractor availability for upcoming construction project: Three of our four DBE prime contractors are grading and paving contractors. The fourth DBE prime contractor is an electrical contractor. It is unlikely that the three grading and paving DBE contractors will bid as the prime on the upcoming airport security project. The project is a $627,000 airport security project that will be bid by large electrical contractors. Therefore, the anticipated contribution towards meeting the overall goal by DBE prime grading and paving contractors should be discounted. Therefore the goal should be decreased 1.80% [-(3 paving prime contractors/37 total prime contractors) x 22.18%]. Page 2 of 5 (2) 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 2000/01, 2001/02, 2002/03 and 2003/04(year- to-date for 2003/04) based on dollars paid to DBEs are set forth in the following tables: FISCAL YEAR 2000/01 Work Category $ Paid to $ Paid to DBE Firms % Paid to ! Contractors DBE Firms Consulting Services $5,620 $0 0% Construction NA NA NA FISCAL YEAR 2001/02 Work Category $ Paid to $ Paid to DBE Firms % Paid to Contractors DBE Firms Consultin Services $141,002 $89,496 63.5% Construction $793,847 $107,093 13.5% FISCAL YEAR 2002/03 Work Category $ Paid to $ Paid to DBE Firms % Paid to Contractors DBE Firms I Consulting Services $160,024 $10,083 6.3% Construction NA NA NA FISCAL YEAR 2003/04 (year-to- date Work Category $ Paid to $ Paid to DBE Firms % Paid to Contractors DBE Firms Consulting_Services $341,309 $199,0109 58.3% Construction $716,000 $93,223 13.0% Totals $ 2,157,802 $498,904 23.1% Since Fiscal Year 2000/01, the overall average DBE utilization (measured by the percentage of dollars paid to DBEs) was 23.1 %. This participation level is heavily influenced by the utilization of a DBE prime consultant for construction management services on two construction contracts. Therefore, no adjustment to the Base Figure was made on this basis. (3) Disparity Studies: We tried to locate current, relevant disparity studies conducted within our jurisdiction but did not find any. Therefore, no adjustment to the Base Figure was made on that basis. Page 3 of 5 Step 3: Overall DBE Goat (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 DBE goal for FAA-assisted County projects in federal fiscal year 20104105 is 13.4%. FINAL SUMMARY Proiect Items: Amount DBE % DBE 1. Consulting Services $570,900 $75,480 13.22% 11. Construction $564,300 $76.220 13.51% Total $1,135,200 $151,700 13.4% I. Consulting Services Item Description $ Amount $ DBE % DBE Civil Design $40,000 $4,256 10.64% Airport Design $205,000 $31,538 15.38% Environmental $75,000 $15,001 20.00% Construction Management $85,000 $8,095 9.52% Other $165,900 $16,590 10.00% Total $570,900 $75,480 13.22% II. Construction Contracts Item Description $ Amount $ DBE % DBE Prime Contractor $251,775 $6,805 2.70% Subcontractor $228,600 $40,640 17.78% Sup-plie 183,925 $28,775 34.29% Total $564,300 $76,220 13.51% 3. UTILIZATION OF RACE-NEUTRAL AND RACE-CONSCIOUS METHODS The County projects meeting a portion of the goal, 2%, by utilizing race-neutral methods, including making efforts to assure that bidding and contract requirements facilitate participation by DBEs and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance, and other support services to facilitate consideration of DBEs and other small businesses. The 2% goal is further supported by the fact that 14.9% of the firms on the County's Consultant list are certified DBE firms. There is a reasonable chance that one or more of these DBE firms will secure prime consultant services contracts with the County. Page 4 of 5 It is anticipated that the remaining portion of the goal, 11.4%, will be accomplished through race-conscious measures, which includes establishing specific goals on contracts with subcontracting possibilities, when needed, to meet the County's overall annual DBE goal. 4. PUBLIC PARTICIPATION IN BETTING; FINAL OVERALL ANNUAL DBE GOALS In conformance with Public Participation Regulatory Requirements of 49 CFR Part 26.45 and Caltrans Local Assistance Procedures Manual (LAPM)-Chapter 9, minority, women, 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, el -aurice . iu staCounty rks Director MS:MLH G:\GrpData\Design\CT DBE Forms—Exhibits\FFY04-05\FAA FFY 04-05\Final FAA DBE Goals&Methodologyffy04-05.doc Attachments C: E.Kuevor,DBELO R.Andrade,FAA Page 5 of 5 May 26,2004 CONSULTANTS Attachment 1 PARTICIPATION PPY 2004-05 PAA PROJECTS (PED. $) Airport EVIRON/PCONST. PROJECT Civil Design Design SOILS i ERMITS MGMT. SURVEY OTHER i Buchanan Meld Airporttai!aster Flan $40,000.00 ---52-66,000.00 N 75,000.00 A NA 165,9oo.oa Buc- -rield ecuraty Upgrades----- -A--WA— NA NA 85, a.aa NA <FFY 04---05 —�'aT 3TAl-_ 40,000.00 205, 0.00 o.a0 75,000.00 85,000.00 a,00 165,900.00 TOTAL N ULTAhIT _` 570,900 — udder's List OBF% -- 10.0% 7.7% 13.5% 1 19.2x-4.7% 1.1% 8.-NO— Est.DBE i�arttctatton--- 4,aoa1 b,785 a $14,4UU Ji6,V95 0 13,770 List.DBE Total Fed.$Participation $51,950 i - -- - DBE%Participation 9.1% [FAA 04-05)(04-05)DBEreportFAAattl.xis May 26,2004 Contractor Participation Estimates Attachment 2 FFY 2004-05 FAA Projects (i=ed. $) PROJECT prime Contractor Subcontractor Supplier Trucking Buchanan Field Security -- Upgrades(Attach.2,page 2) j $251,7751 $ 228,600 $ 83,925 $ TOTALS $251,775: $ 228,6001 $ 83,926! Bidder's List DBE%per - Attachment 3) 10.9%{ 19.6°I°! 57.1% 52.4% Est.DBE Participation in Construction(base figure) before adjustments $27,2191 $ 44,806 $ 47,921 $0 Adjustments* -$20,414; $0 -$19,168 $ Final Est.Participation in Construction(l=ed.$) $6,805 $44,806 $28,753 $0 Final Est. Total DBE's Participation (($6805+44806+28,753)/$564,300)*100/°- 14.24% *Adjustments to base calculations Supplier vs.Manufacturer:The calculations above for"Supplier."do not differentiate between supplier(DBE credit=60%of dollar value) and a manufacturer(DBE credit=100%of dollar value). All DBEs on our bidder's list are suppliers and not manufacturers. The Base Figure ($47,921),which is 100%of the estimated material cost,should be adjusted to reflect this fact. Therefore the DBE participation should be decreased 40%(-40%*$47,921 =.-$19,168). contractors. It is unlikely they will bid as the prime on the upcoming airport security project. The project is a$627,000 airport security project that will be bid by large electrical contractors.Only our one DBE electrical contractor will be interested in bidding this project. Therefore,the anticipated contribution($27,219)by a DBE prime contractor should be decreased accordingly.[(-3 DBE prime/37 total primes)X$251,775= $20,414] (04-05)DBEreportFAAatt2pagel.xis/FAA Constr. Summary 1 June 11,2004 Contractor Participation Estimates Attachment 2 FFY 2004-05 FAA Project* Buchanan Field Security Upgrades Estimated Total Const.Contract Cost $ 627,000 Total Federal Funds(90%) $ 564,300 TYPE OF WORK Work Performed By(Gat.) Federal Share Total Fed.$ Type of Work SIC Code Contract Cost Arox.90% Local Share by Cat. Access Control System P $ 148,500 $ 133,650 $ 14,850 CCTV System P $ 101,250 $ 91,125 $ 10,125 Prime Cont. I.D. Card System/TraininE P $ 30,000 $ 27,000 $ 3,000 $ 224,775 lFencing S $ 92,000 $ 82,800 $ 9,200 Subcontractor Access Gates S $ 162,000 $ 145,800 $ 16,200 $ 228,600 Subtotal $ 533,750 MATERIALS(Purchased by Prime Contractor*) Materials SIG Code I Contract Cost Federal Share Local Share Misc. Electronic Equip. M $ 93,250 $ 83,9251 $ 9,325 Materials M $ 83,925 Subtotal $ 93,250 Total Est. Const.Contract $ 627,000 $ 564,300 $ 62,700 Only construction project for FFY 04-05 Assumptions used in adjusting project costs to separate out material costs where applicable. Only materials purchased by prime contractor are eligible for DBE supplier credit. A DBE subcontractor would count 100% of their material purchase towards DBE goal. It is an extraordinary instance when a non-DBE subcontractor's material purchases are claimed by the prime contractor towards meeting the DBE goal. (04-05)D BEreportFAAatt2pag e2.xis September 2004 2002-2003 Federal Aid Project Bidders Attachment 3 FYY'04-05 FHWAIFAA DBE Goal Report Prime/Sub/Supplier/ No. Bidder's Names Trucker Work Description Last Bid 1 A.J.Vasconi DBE Prime Contractor Structures 2003 2 Bieyco Incorp. DBE Prime Contractor Electrical 2003 3 J.A. Gonsalves&Son Construction Co. DBE Prime Contractor Exc./Paving 2002 4 Vargas&Esquivel Const., Inc. DBE Prime Contractor exc/paving 2002 5 ABSL Construction DBE Subcontractor grinding 2003 6 AC Dike Co. DBE Subcontractor AC Dike 2002 7 Bay Line Construction DBE Subcontractor sawcutting 2002 8 Cal Safety, Inc. DBE Subcontractor construction area signs 2003 9 Diaz Corporation DBE Subcontractor striping 2003 10 Harding Construction DBE Subcontractor minor concrete 2003 11 Jonas&.Associates DBE Subcontractor painting 2002 12 Lane Safety Co., Inc. DBE Subcontractor traffic control 2003 13 MS Environmental Solutions DBE Subcontractor erosion control 2003 14 Nitta Construction, Inc. DBE Subcontractor erosion control 2002 15 Oliveira Fence, Inc. DBE Subcontractor fence .2003 16 Schotka Construction Inc. DBE Subcontractor construction area signs 2003 17 Statewide Safety&Signs, Inc. DBE Subcontractor construction area signs 2003 18 Superior Coring and Cutting, Inc. DBE Subcontractor concrete coring 2002 19 Superior Hydroseeding DBE Subcontractor hydroseeding 2003 20 Vargas&Esquivel Const., Inc. DBE Subcontractor exclpaving 2003 21 Aamigo Company, Inc. DBE Supplier pipe 2002 22 ACCRA DBE Supplier signage 2003 23 B&B Diversified Materials DBE Supplier electrical 2003 24 CCP DBE Supplier misc. materials 2003 25 Contractors Construction Products DBE Supplier drainage materials 2003 26 Flight Light, Inc. DBE Supplier electrical 2003 27 Kus'tum Steel Fabricators DBE Supplier Structural Steel 2002 28 Mvtherlode Concrete Construction DBE Supplier Precast 2003 29 Omega Pacific Electrical DBE Supplier electrical 2003 30 Ontiveros Construction DBE Supplier Precast 2003 31 Triumph Geo-Synthetics, Inc. DBE Supplier geo textiles 2003 32 W. C. Goolsby DBE Supplier liquid asphalt 2003 33 Chavez Trucking DBE Trucker trucking 2003 34 CJC Trucking DBE Trucker trucking 2003 35 Cobra Trucking DBE Trucker trucking 2002 36 Dellafosse Trucking, Inc. DBE Trucker trucking 2002 37 JTC Jackson Trucking DBE Trucker trucking 2003 38 Martini Trucking DBE Trucker trucking 2002 39 Mattos Equipment Transport DBE Trucker trucking 2003 40 Monroe Trucking DBE Trucker trucking 2003 41 Paul E.Vaz Trucking DBE Trucker trucking 2003 42 Tating Trucking DBE Trucker trucking 2002 43 Tess!Trucking DBE Trucker trucking 2002 44 Williams Trucking DBE Trucker trucking 2003 45 Albay Construction Prime Contractor Structures 2002 46 Amelco Electric,Inc. Prime Contractor electrical 2003 47 Argonaut Constructors Prime Contractor exc1paving 2002 48 Bard Electrical Co. Inc. Prime Contractor electrical 2003 49 Bay Cities Paving&Grading Prime Contractor Exc./Paving 2003 50 Bruce Carone Grading&Paving, Inc. Prime Contractor exc./paving 2002 51 Cal Electric, Inc. Prime Contractor electrical 2003 52 George Bianchi Cosntructlon Inc. Prime Contractor Structures 2003 53 Ghilotti Brothers Construction, Inc. Prime Contractor grading and paving 2003 FFY'04=05 Common Folder Flnal(04-05)DSErepor4,FHWA FAAatt3.xis 1 of 4 September 2004 2002-2003 Federal Aid Project Bidders Attachment 3 FYY'04-05 FHWA/FAA DBE Goal Report Prime/Sub/Supplier/ No. Bidder's Names Trucker Work Description Last Bid 54 Ghilotti Construction Company Inc. Prime Contractor Grading,paving&Structures 2003 55 Granite Construction Co. Prime Contractor Grading,paving&Structures 2003 56 Hess Concrete Construction Prime Contractor Exc./Paving 2002 57 Lucas Concrete, Inc. Prime Contractor concrete 2002 58 Maggiore&Ghilotti Inc. Prime Contractor Structures 2003 59 McGuire&Hester Prime Contractor Exc./Paving 2002 60 MCK Services, Inc. Prime Contractor exc/paving 2002 61 North Bay Construction, Inc. Prime Contractor Structures 2003 62 O.C. Jones and Sons, Inc. Prime Contractor Grading and Paving 2003 63 Redgwick Construction Company Prime Contractor paving and grading 2003 64 Rosendin Electric, Inc. Prime Contractor electrical 2003 65 Royal Electric Co. Prime Contractor electrical 2003 66 Sposeto Engineering, Inc. Prime Contractor exc/paving 2002 67 St. Francis Electric Prime Contractor Electrical 2003 68 Steiny and Company, Inc. Prime Contractor electrical 2003 69 Stone Engineering Contractors Prime Contractor Structures 2003 70 Taber Construction Prime Contractor Structures 2003 71 Top Grade Construction, Inc. Prime Contractor Structures 2003 72 Underground Construction Co., Inc. Prime Contractor trenching/conduits 2003 73 Valentine Corporation Prime Contractor Structures 2003 74 Vanguard Construction Prime Contractor exc/paving 2002 75 Viking Construction Prime Contractor Structures 2003 76 W. Bradley Electrical, Inc. Prime Contractor electrical 2003 77 W. R. Fords Associates Prime Contractor grading and paving 2003 78 AAA Fence Company, Inc. Subcontractor Fence 2002 79 Abbott Construction Subcontractor Structure concrete 2003 80 ACL Construction Subcontractor concrete barrier 2003 81 American Civil Constructors Subcontractor erosion control 2003 82 Amillo Steel Subcontractor Rebar 2002 83 Anrak Corp. Subcontractor grinding 2003 84 APCO Subcontractor AC Dike 2002 85 Bay Cities Paving&Grading Subcontractor Paving 2003 86 Bobbie Mack Grinding(Penhall) Subcontractor grinding 2003 87 Bruce Enterprises Subcontractor signs and striping 2003 88 California Rebar Subcontractor Rebar 2003 89 Central Striping Service Subcontractor striping 2002 90 Chrisp Co. Subcontractor Striping 2003 91 Concrete Structures Subcontractor Shotcrete 2002 92 Construction Survey Subcontractor survey staking 2002 93 Continental Electric Subcontractor electrical 2003 94 CTM Construction Subcontractor concrete barrier 2003 95 CWS Subcontractor Demolition 2002 96 D&L Concrete Pumping Subcontractor concrete pumping 2003 97 Design Interlocking Pavers Subcontractor concrete pavers 2003 98 Diablo Grinding,Inc. Subcontractor grinding 2003 99 Ecco Engineering&Construction Co. Subcontractor electrical 2003 100 European Paver Subcontractor concrete pavers 2003 101 Far West Safety Subcontractor construction area signs 2003 102 Golden State Trak Services Subcontractor Traffic Control 2003 103 Griffin Soil Company(GSC) Subcontractor base stabilization 2002 104 H. Maxlee Subcontractor concrete barrier 2003 105 Harris-Salinas Subcontractor Rebar 2002 106 Hereer Landscape Subcontractor landscapinglpavers 2003 FFY'04-05 Common Folder Fine 1(04-05)08 EreportFHWA FAAatt3.xls 2 of 4 September 2004 2002-2003 Federal Aid Project Bidders Attachment 3 FYY'04-05 FHWA/FAA DBE Goal Report Prime/Sub/Supplier/ No. Bidder"s Names Trucker Work Description Last Bid 107 Jeffco Subcontractor Painting 2003 108 Kent's Oil Service, Inc. Subcontractor Oil and PRF 2003 109 Lean Engineering Subcontractor Materials Testing 2003 110 M. Brown Electric Subcontractor electrical 2002 111 M. Bumgarner Inc. Subcontractor guard railing 2003 112 M.B.1 Subcontractor Guard Rail 2003 113 M.F. Maher Company, Inc. Subcontractor minor concrete 2003 114 Malcolm Drilling Subcontractor Drilling 2002 115 MBI Subcontractor guard rail 2003 116 MCE Corp. Subcontractor Paving 2003 117 MCK Services, Inc. Subcontractor paving 2002 118 Metal Set Subcontractor Structural Steel 2002 119 Metamorphosis Subcontractor erosion control 2003 120 Mission City Rebar Subcontractor rebar 2003 121 Nichols Concrete Sawing Subcontractor sawcutting 2003 122 North American Fence Subcontractor fence 2003 123 Northern California Crck Sealing Subcontractor crack seal 2002 124 Nothern California Fence Co. Subcontractor Fence 2003 125 Pacific Bay Subcontractor boring 2003 126 Pacific coast Drilling Subcontractor drilling 2003 127 Pagni Construction Subcontractor crack seal 2003 128 PCN Construction. Subcontractor guard railing 2003 129 Power System Testing Subcontractor Electrical Testing 2003 130 Redwood Subcontractor Painting 2002 131 Retaining Walls Co. North Subcontractor cribwalls 2002 132 Riley Striping Subcontractor striping 2003 133 RMT Landscape Construction, Inc. Subcontractor landscaping 2003 134 Royal Electric Subcontractor electrical 2002 135 Rubberized Crackfiller Subcontractor crack seal 2002 136 Sierra Pacific Earth Retention Subcontractor cribwalls 2002 137 Silverado Subcontractor demolition 2003 138 Soil Enterprises Subcontractor Demo/C&G 2003 139 Spirit Road Oils Subcontractor PRF 2003 140 St. Francis Electric Subcontractor electrical 2002 141 Stone Engineering Contractors Subcontractor minor concrete 2003 142 Strange and Chalmbers Subcontractor minor concrete 2003 143 Striping Graphics Subcontractor striping 2002 144 Tennyson Electric Subcontractor electrical 2002 145 United Rentals Highway Technology Subcontractor CAS&Traffic Control 2003 146 Upgrade Construction&Drilling- Subcontractor Drilling 2003 147 Vellicitti&Peliiclotti Subcontractor Grading and paving 2003 148 Vickers Sawcuttiing Subcontractor concrete coring 2002 149 West Coast Subcontractor Drilling 2002 150 Western Stabilizaation Subcontractor base stabilization 2002 151 Womack Striping Subcontractor striping 2002 152 Antioch Rock and Readimix Supplier PCC 2003 153 County Quarry Supplier' Asphalt Concrete 2003 154 Hansen Aggregates Supplier AB 2003 155 Lawson mock and Oil Supplier liquid asphalt 2003 156 United Rentals Supplier signs 2003 157 United Rentals Supplier signs 2002 158 R&S Trucking, Inc. Trucker trucking 2003 155 Royal Trucking Trucker trucking 2003 FFY'04-05 Common Folder Rnai(04-05)Di3EreportFHWA FAAaft1xis 3 of 4 September 2004 2002+2003 Federal Aid Project Bidders Attachment 3 FYY'04-05 FHWAIFAA DGE Goal Report Prime/Sub/Supplierl No. Bidder's Names Trucker Work Description Last Bid 160 S&S Tracking Trucker trucking 2403 161 Von Euw and Nunes Trucker trucking 2003 Prime/Sub/Supplier/Trucker Summary Total# Extension DBE Ws dbeprime 4 4/37x 160%= 10.8% dbesub 16 16/90x 100%= 17.8% dbesup 12 12/21x 100%= 57.1% dbetrucker 12 12/21x100%= 57.1% Non-DBE Primes/Total#of Primes 33/37 - Non-DBE Subs/Total#of Subs 74/90 Total# of suppliers(assume 21 total, 3 sup. per project, 7 projects, excluding paving and rack sup. ) 21 Total#of truckers(7 projects,assume 3 truckers were solicited per project) 21 - FFY'04-05 Common Folder Final(04-05)DBEreportFHWA FAAatt3.xls 4 of 4 zt?00000 C7 CY CY! C7 C)mm iL m bD b > D 7>b> 5s> y D D bt N ,�lymc� mf f-fmath ' S ; �' clv� y v .173 co + ��;� � �� m��diQaLp7Q. 1 m =2 w I� �i �� iy 8'N n51 ami rr `�ym o a ' E7.� m w w �'�co ma tyg m mzc 7kD ,�7 Z 6f s. .L•W a, y Xqs� m d 'Sr J p —i j 7J 0 Vf�i Q`7 $ iryo m < iii. �b su�ii� Fol i in yA f't y m ' .2' dt �s3 {� 9 [a5 t5 }r.z 0. fY�'-moi 3 a Iii N FR ��� IC7m Fi jtStr �t o ,�y�y�+.�i p 4 Gy ? T$ I -i C 81. (fi ,g m C dt m s 33La m I a l { I t , u ; ff N N NSA N N N I N W N N N N W N 1NIN N I N NDN N N�1 WWiV.eWW NWWmW � WWWWWW WW W ttWt ryW WW1W{WW WWW NNNW WS-7+yW vV WN T�q ig T T Tip 3 m 01 Vte 0 U r u 3 m I x x m a i ro a x x x x jx X i X { x " ix x I � el m m ;r mr Ch 0 LA co x� Im m w : i m ix x x-9 m a ,� a a m x y `" o $ ! { Imfi t I I mx x x mm m10 chea m x�"Ixmm m m mi m I r 3 �m mm mm m U,. mo.... mmmx�"x X x JJ �m m m 1 m ml m ml o x I i •x a m iXiXj X tx � XI ,X• i 9 w ! I { 1 I ! I I I es d 1 t i I I ! ! I q I x x x� ix x x I x x x X m o m h 3 re a a _.. c�c�G7�nn Irn , mmm� nfm�;rn�nmaornc ©©vaaooa Asa ,00nr�r,nc,c�c�lbri ro inlrn mm c ro O s�m s�11m b-�vs�y x�t7t7 C5 ; a p p,,.;(y i;} CS.�—;;1°j !•u m t j G> > Z z! ml-ca-�-+@ us, tS x ,> n� �Isij m .bre m_ �m y a130 ,� }, pa, � + aen - IE� $ � N!p'�yy� ��N � >!< v mmn �i w ails z11s 14°xC7 �� N a !Z5 i t a L', I• m Ll.. tm rn m rz P! y ¢,m 3 53Y' I � � I I i I i �010 I � x x iXx x x x x x x x x m I I I I x l m` x x ix x m x x x x o I I I ?Q. TT7'0 K C •x i � � xix �x x I 'm� '' I ''! «a T o •x I N t'� "u, N ;U 3 I m a! m n H xxx x X mca I I ! ( I x x x x X x X CD j It I X j x x CID m 1 rmi EL m e` ca m ! c m ! m :Xfx x ; i x m m x x x m ! i k i b E� n S n A r Ck OQ gFmd ��iA�'f7, i }RtS�ijybc•.b fi ' b� r Illz i0 ref}}ff �I�0.r�i 1�2m � m�� s2m � z -t�c(t}�tIt�y7 ����� � a ro x [ roSGS 1�I imt {r bf i a Z m l` .z Ic diG,C��t�o m Ic� �°° r"�� yyiy .m1rn } > I ( {{{jfjfr `I�n; m ' y� if�iis �� boy _ T.� yq� m I XI ZSA"-C 1 SA }Y' flf ��git Z L`J - IN f1°7 Lei S tb a` y; C�Siis }{ 3 i �7 rc " � !�'r' C) u,r: ,S''oi.-F•�p}; I'" !•b i ISS ! iMISM l (I1 W m Xy' 7 (( 1 i Fn rn _ ,hj yam, If1l r +� i(y QQ z N c ?N. `1J('j 'G1 { I'- I 1~t1. ! Z( M z - ?} .� ITS m CS1 � I 1 1 Zj j 2 Pny j di.�iL� j 2 7�, 0 53 Gf mi"� ! I (z m1 1 t j f ii ! °I ' r m• I b �' I� OIG?iNppi I��IlSG 3y O!+� 6 ����Nqj®p�N l6�pNp Cl�y�y IC5 LS N N• �d NpNy'��j�G ppN CJ�m+p�O O��ypp Np+ tC N���pNj�{[�p�I�bNy�U" Na ©�O N'N W I W 7N:N I W ;N I - W W W W#.Erb t iN W d W d W... i W W 4��Rt W W 4J W W W W W 20 C'f V (af W 6 YLS fO Oil W W m I i I pl t5 j b�c�: o. iglu fin; • o moxs mss m mm 41 x X X x x m �x x x Fa r 1 � G moc f G j v 7 r X X x � flit{{ N 6 'fl C1 m� ch a CO x� rn ( v i Im a m y x x 1 � I m i x x m m m xim xx m I li j ! nm i j I xl j i I r I i ,Y I i i I F i I m m I � I mM: i m j L n 3 m a a " fJts rocroroavva -aro aaaaro a:v 000 Uz a2z z �mw 9 ,2 C_5 31�J ,tY't7�In u5b� t3fir�� �� � � r .*-n � � b � ci _i 33 rs; In�n (')"-y Jf CS c ;`at 9i iY7 C7 N -i � _ 1, 4.`a t7.y to ink 3 5 LC71 M szl� m �I �' =7 0 ai gg Cam 4b�`Ir� {) it7�• � � �' I? ai 21 rr Yj v�mc$nc78� '2m �°p` c_ m"p m kTs � q � g � C ,„ �' �iUt6i52.Zarn jZ o OX Z In��' G7 tb ! n -100 0�0�8 �-I�0 ri ! I I . I i i I 1 1d3m x! ! i � {i 1 to ED m A� rn <$ x UUIX X I % fix a pa o a I m ED co� m �r X xx... XXxx �...x. U3 x M CID1 i X x Xmm � ' i rn rn '� p �n 1 I , I x Ix 1 LM a I I ; I i I i x co ! m l m X x x x x x ! i m ! x: x l i 11 rn m I b 3 n n T " :E:E:E 'm m ,T`Ir✓ xza r°' ) y rj ro vmc�it<flc nG� -+ � iN H '3$Iccm 'my m` mzi3 "'� (� RO�IrI j �2�WIC��. � � � m ���J1 d5 b Y I d f�771 m -2 a Yg - .b l(STI I i'+' 7 '{!1 (b 11+9�i m 3 > irr f" I Ci i t'S C'i fH ,2i 06 f� ',�5® +l n yQ �m` rrs �° � 6vi -��'��i �G �' �re-a• �ro �'! ' 7�e6"� a`�;� _ ml _ m im_m Cf a j I I W-+NWWV WNWWWW WWNWWWW 6 I WIWWW W—WW' WWNW W d v`mo m m1 g m m on7 �i 5' ' , ' �� �'S' �' "i�'S'� e rL I cs i m n ty y C 1 f m i i rem �m i f I rn T n x 1 ml m e i I i I ma m m xl mx m x � imxl x''e ; F m 07 p x x' Im to m o m m m m m m rn fl i I i I I I x m ml 0 if i I , rr i I m 1 Ix mI x, I i ro I I m 3i d {I m n a 3 A 1"sil N z 51D �n3 �f r- 1 En I � � i1 � ! 11 { 4i � li ' j I , { I I r•, w I;: x{x� x cm LV fn z ! 1 � 1 I i m I1lii ! Irif m � � { Ix ! I "i im� I ii ! ' I I ! 1i I i 1 ( 1 m 511 i xl 1 2 4x� 1 1 I � " ,-r I 11 i C Ili I � i 11 I1 i Ili � ! 1ii � i bill I � r� H R .7 L October 1, 2004 ((This Program is in accordance with Title 49 of the Code of Federal Regulations Part 26)) DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM County of Contra Costa I Definitions of Terms The terms used in this program have the meanings defined in 49 CFR §26.5. iI Objectives/Policy Statement (§§26.1, 26.23) The County of Contra Costa has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The County of Contra Costa has received Federal financial assistance from the DOT, and as a condition of receiving this assistance, the County of Contra Costa will sign an assurance that it will comply with 49 CFR Part 26. It is the policy of the County of Contra Costa to ensure that DBEs, as defined in 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 law; To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT-assisted contracts; and To assist the development of firms that can compete successfully in the market place outside the DBE Program. The Affirmative Action Officer has been delegated as the DBE Liaison Officer (DBELO). In that capacity, the .Affirmative Action Officer 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 County of Contra Costa in its financial assistance agreements with the California Department of Transportation(Caltrans). County of Contra Costa will disseminated this policy statement to the Contra Costa County Board of Supervisors and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts by publishing this statement in general circulation, minority-focused and trade association publications. Page 1 of 12 October 1, 2004 III Nondiscrimination (§26.7) The County of Contra Costa will never 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 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the County of Contra Costa 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) County of Contra Costa will continue to carry out this program until the County of Contra Costa has established a new goal setting methodology or until significant changes to this DBE Program are adopted. County of Contra Costa will provide to Caltrans a proposed overall goal and goal setting methodology and other program updates by June 1 of every year. V Quotas (§26.43) County of Contra Costa will not use quotas or set asides in any way in the administration of this DBE program. VI DBE Liaison Officer(DBELO) (§26.45) County of Contra Costa has designated the following individual as the DBE Liaison Officer: Emma Kuevor, Affirmative Action Officer, 651 Pine Street, 10th Floor, Martinez, CA 94553- 1229, (925) 313-1045, ekuev@cao.cccounty.us. In that capacity, Affirmative Action Officer is responsible for implementing all aspects of the DBE program and ensuring that the County of Contra Costa complies with all provisions of 49 CFR Part 26. This is available on the Internet at osdbuweb.dot.gov/main.cfin. The Affirmative Action Officer has direct, independent access to the County Administrator concerning DBE program matters. The DBELO has a staff of 1 professional employee assigned to the DBE program on a fall-time basis and four collateral duty support personnel who devote a portion of their time to the program. An organization chart displaying the DBELO's position in the organization is found in Attachment 1 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with 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. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. 6. Analyzes County of Contra Costa's 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. Page 2 of 12 October 1, 2004 10. Participates with the legal counsel and project director to determine 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 opportunities. VII Federal Financial Assistance Agreement Assurance (§26.13) The County of Contra Costa 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 recipient 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 recipient 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 recipient's 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 recipient 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 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 County of Contra Crista 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 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 Directory (§26.31) County of Contra Costa 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 Overconcentration (§26.33) County of Contra Costa has not identified any types of work in DOT-assisted contracts that have an overconcentration of DBE participation. If in the future County of Contra Costa identifies the need to address overconcentration, measures for addressing overconcentration will be submitted to the Caltrans District Local Assistance Engineer (DLAE) [Caltrans is FHWA's primary recipient for administering the local agency program in California.] and/or FAA (as applicable) for approval. Page 3 of 12 October 1, 2004 XI Business Development Programs (§26.35) County of Contra Costa does not have a business development or mentor-protege program. If the County of Contra Costa 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 and/or FAA(as applicable) for approval. XII Required Contract Clauses (§§26.13, 26..29) Contract Assurance County of Contra Costa 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 carry out applicable requirements of 49 CFR. part 26 in the award and 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 County of Contra Costa ensures that the following clauses or equivalent will be included in each DOT-assisted prime contract: Prompt Progress PgMent to Subcontractors A prime contractor or subcontractor shall pay a subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless, a longer period is agreed to in writing. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over 30 days of receipt of each payment may take place only for good cause and with the agency's prior written approval. These requirements shall not be construed to limit or impair any contractual, 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 - prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-:DBE prime contractors and subcontractors. Page 4 of 12 October 1,2004 Proms Payment of Funds Withheld to Subcontractors The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the 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 25.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prune contractor or subcontractor to the penalties, sanctions, and the other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise, available to the prime contractor or subcontractor or subcontractor in the event of a dispute involving late payment, or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors. XIII Monitoring and Enforcement Mechanisms (§25.37) The County of Contra Costa 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 County of Contra Costa 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. Preconstruction Conference A preconstruction conference will be scheduled between the RE and the contractor or their representative to discuss the work each DBE subcontractor will perform. Before work can begin on a subcontract, the local agency will require the contractor to submit a completed "Subcontracting Request," Exhibit 16-B of the 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 the LAPM or equivalent. The "Subcontracting Request" will not be approved until any 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. Page 5 of 12 October 1, 2004 Suppliers, vendors, or manufacturers listed on the "Local Agency Bidder DBE Information" will be compared to those listed in the completed "Notice of Materials to be Used", Exhibit 16-I of the 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 FPA explains that a contractor may not substitute a subcontractor listed in the original bid except with the approval of the awarding authority. The RE will give the contractor a blank Exhibit 17-F of the LAPM, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" 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. 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 is 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 truck 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 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. Page 6 of 12 October 1, 2004 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, 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 or FAA for assistance and direction. Record Keetin_g and Final Report Utilization of Disadvantaged Business Enterprises 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 the LAPM, "Final Report Utilization of Disadvantaged Business Enterprises, First Tier Subcontractors" and will be submitted to the DLAE attached to the Report of Expenditures. The RE will compare the completed Exhibit 17-F to the contractor's completed "Local Agency Bidder DBE Information," Exhibit 15-G of the LAPM or equivalent, and, if applicable, to the completed "Subcontracting Request,", Exhibit 16-B of the LAPM. The DBEs shown on the completed Exhibit 17-F should he 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 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. The explanation will be attached to the completed Exhibit 17-F for submittal to the RE. The RE will file this in the project records. The local agency's 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. Page 7 of 12 October 1, 2004 The DLAE will use the PS&E checklist to monitor the County of Contra Costa's commitment to require bidders list information to be submitted to the County of Contra Costa 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. County of Contra Costa 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. County of Contra Costa also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. XIV Overall Goals (§26.45) Amount of Goal County of Contra Costa's overall goal for the Federal fiscal year (FFY) 2004/2005 are the following: 14.4% (12.4%race conscious, 2.0% race neutral) of the Federal financial assistance in FHWA-assisted contracts and 13.2% (11.2% race conscious, 2.0% race neutral) of the Federal financial assistance in FAA-assisted contracts. MethodolgM To determine the relative availability of DBEs for construction contract work, the County of Contra Costa used the bidder's list composed of all contractors, subcontractors, suppliers, and truckers who bid or quoted on DOT-assisted contracts in 2002 and 2003. Firms on the bidder's list presently certified by Caltrans as DBEs were identified and used in the calculation for the base figure. The base figure for consultant (professional services) contract work was calculated in a similar manner from the existing list of potential consultants and those firms on the list presently certified by Caltrans as DBEs. The DOT-assisted projects for FFY 2004/2405 were separated into estimated costs for professional services, prime contractor work, subcontractor work, trucking, and materials. The relative percentage of DBE firms on the bidders list for each type of work or activity were applied to the above estimates to determine our initial overall DBE goals. The initial goals were adjusted to account for the scarcity of DBEs in several areas of material suppliers to arrive at the final overall DBE goal. Breakout of Estimated Race-Neutral and Race-Conscious Participation Contra Costa County determined the race-neutral component by totaling the anticipated amount of work to be performed by DBE prime contractors and consultants. The race-conscious component was comprised of the remaining work to be performed by DBE subcontractors, sub- consultants, suppliers, and truckers. Page 8 of 12 October 1,2004 Process In subsequent years, 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 County of Contra Costa 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 County of Contra Costa's principal office for 30 days following the date of the notice, and informing the public that County of Contra Costa comments will be accepted on the goals for 45 days following the date of the notice. Advertisements in newspapers, minority focus media, trade publications, and websites will be the normal media to accomplish this effort. The notice will include addresses to which comments may be sent and addresses (including offices and websites) 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 County of Contra Costa's 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 County of Contra Costa may begin using the overall goal on October 1 of each year. XV Contract Goals (§26.51) The County of Contra Costa will use contract goals to meet any portion of the overall goal the County of Contra Costa 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. Page 9 of 12 October 1,2004 XVI Transit Vehicle Manufacturers (§26.49) If DOT-assisted contracts will include transit vehicle procurements, the County of Contra Costa 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 County of Contra Costa will direct the transit vehicle manufacturer to the subject requirements located on the Internet at http://osdbuweb.dot.gov/prograins/dbe/dbe.htm. XVII Good Faith Efforts (§26.53) Information to be Submitted The County of Contra Costa 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 Public Works Department, 255 Glacier Drive, Martinez, CA 945534825, no later than 4:30 p.m. on or before the second day, not including Saturdays, Sundays and legal holidays, following bid opening: 1. The names and addresses of known DBE firms that will participate in the contract; 2. A description of the work that each DBE will perform: 3. The dollar amount of the participation of each DBE firm participation 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. 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 found in Attachment 2 of this program. The following personnel are responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive: DBELO. The County of Contra Costa 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. Page 10 of 12 October 1, 2004 Administrative Reconsideration Within 10 days of being informed by the County of Contra Costa that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offerer may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: Contra Costa County, County Administrator, 651 Fine Street, I I`h Floor, Martinez, CA 94553-1229, (925) 313-1085, nyee@eao.cccounty.us. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not make or 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 goal or made adequate good faith efforts to do. The County of Contra Costa 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 appealable to Caltrans,FHWA, FAA, or the DOT. Good Faith Efforts when a DBE is Replaced on a Contract The County of Contra Costa 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 or Contract Manager 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 County of Contra Costa 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 County of Contra Costa 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. XV111 Counting DBE Participation (§26.55) The County of Contra Costa 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. XIX Certification (§26.83(a)) The County of Contra Costa ensures that only DBE firms currently certified on the Caltrans' directory will participate as DBEs in our program. Page I I of 12 October 1, 2004 XX Information Collection and Reporting Bidders List The County of Contra Costa will create and maintain 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, age, and annual gross receipts of firms. Monitoring Payments to DBEs Prime contractors are required to maintain records and documents of payments to DBEs for threw years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the County of Contra Costa, Caltrans, FAA or FHWA. This reporting requirement also extends to any certified DBE subcontractor. Payments to DBE subcontractors will be reviewed by the County of Centra Costa to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. ReporinR to Caltrans The County of Contra Costa will report final utilization of DBE participation to the DLAE and FAA (as applicable) using "Final Report Utilization of Disadvantaged Business Enterprises (DBE),First Tier Subcontractors,"Exhibit 17-F of the Caltrans' LAPM. Confidentialit The County of Contra Costa will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and ocal s. � So weeten, County Administrator Date. OCTOBER 12, 2004 This Disadvantaged Business Enterprises Program is accepted by: [Signature of DLAE] Date: GAGrpData\Desip\CT DBE Forms_Exhibits\FFY04-05\Revised DBE progFFY04.doc Page 12 of 12 r�.tra CO a nn b 11 a C t7 to e + N N ad :X yv' �w OCJ° plc d a o p a:: m _ SSe l e= D i �x 0 N IS m1 • � t L vj Wd N � ryryry � �llJ CONTRA COSTA COUNTY ATTACHMENT 2 APPENDIX A TO PART 26--GUIDANCE CONCERNING GOOD 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 car. 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. Il. 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 were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pLo forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call: meeting quantitative formulas is not required. M. 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. I'V. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DISE participation. It is not intended to be a mandatory checklist,nor is it intended to be exclusive or exhaustive. Other factors or types 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 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 a timely manner to assist them in responding to a solicitation. CONTRA COSTA COUNTY ATT.ACIIMENT 2 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 in 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 gond 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 reason's 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 the contractor's efforts to meet the project goal. F. Maldng efforts to .assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. 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 organizations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations 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 apparent successful bidder fails to meet the goal, but meets or exceeds 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. GAGrpDatatt?esigMCT DBE Forms_ExhibitsiFFY04-051Revised DBE progFFY04.doc