HomeMy WebLinkAboutMINUTES - 11042008 - C.11 r\ 1
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TO: BOARD OF SUPERVISORS ?w'"""" -��
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FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR -(g -s
z Costa
DATE: November 4, 2008 s;M1-'__.='�` County
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SUBJECT: ADOPT Annual Anticipated Disadvantaged Business Enterprise (DBE)Participation Level
(AADPL) for U.S. Department of Transportation Federal Aviation Administration [FAA]
Funded Projects, Pacheco and Byron areas (Districts III and IV).
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ACKNOWLEDGE receipt of"Annual Anticipated Disadvantaged Business Enterprise(DBE)Participation Level
(AADPL) and Methodology Report for FAA Funded Contracts," dated July 2008, approved by Julia R. Bueren,
Public Works Director.
Based on the report,ADOPT an Annual Anticipated DBE Participation Level of 10.92%for Federally funded FAA
contracts administered by the County in Federal Fiscal Year (FFY) 2008/2009.
Continued on Attachment: El SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATIO F BOARD COMMITTEE
APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARD ON m11/C -PP7
APPROVED AS RECOMMENDED OTHER ❑
VO
.70F SUPERVISORS I hereb cern that this is a true and correct co of an action taken
UNANIMOUS (ABSENT 49"C-�) y py
AYES: NOES: and entered on the minutes of the Board of Supervisors on the date
ABSENT: ABSTAIN: shown.
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G:\Design\BOARD ORDERS\2008\DBE Prgm&Goal FAA FFY 08-09.doc ATTESTED: /y de1C,..-,, !G.*---
Orig.Div:Public Works(Design Division)
DAVID TWA,Clerk of the Board of Supervisors and County
Contact: M.Hollingsworth(313-2231) Administrator
cc: E.Kuevor,CAO
County Counsel
FAA,via PWD By , ,Deputy
K.Freitas,Buchanan Field Airport
` SUBJECT: ADOPT Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level
(AADPL) for U.S. Department of Transportation Federal Aviation Administration [FAA]
Funded Projects, Pacheco and Byron areas (Districts III and IV).
DATE: November 4, 2008
PAGE: 2 of 2
FISCAL IMPACT:
There is no impact on the General Fund. Adoption of an Annual Anticipated DBE Participation Level(AADPL)in
compliance with Federal Regulations is a pre-requisite to maintain eligibility;for Federal funding.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Federal regulations require notification of the proposed Annual Anticipated DBE Participation Level (AADPL)to
minority and women groups, trade organizations, and the general public. Notices of the proposed Annual
Anticipated DBE Participation Level(AADPL)and Methodology Reports' availability for comment were placed in
the Oakland Tribune, Contra Costa Times, and the Small Business Exchange, Notices were also sent directly to
minority and women groups,trade organizations,and special interest group representatives. The Annual Anticipated
DBE Participation Level and Methodology Report was available for review on the Internet,as well as in hard copy.
No comments were received during the requisite 45-day public comment period.
CONSEQUENCES OF NEGATIVE ACTION:
If the Board does not take the recommended actions,FAA will stop authorizing Federal funds earmarked for County
Airport improvement projects.
r
COUNTY OF CONTRA COSTA
ANNUAL ANTICIPATED DISADVANTAGED BUSINESS ENTERPRISE
PARTICIPATION LEVEL (AADPL) AND METHODOLOGY REPORT FOR FAA
FUNDED CONTRACTS
July 2008
In consideration of all the evidence described in this report as well as our knowledge of
our contracting market, we have determined that the appropriate overall Annual
Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) for
Federal Aviation Administration (FAA) assisted County projects for Federal Fiscal Year
(FFY) 2008/09 is 10.92%.
1. FAA-ASSISTED CONTRACTING PROGRAM FOR FFY 2008/09
The following represents County of Contra Costa's (County) projected FAA-assisted
contracts and expenditures by work category for FY 2008/09:
Work Item # Work Category Estimated Federal
(NAICS CODE #) Dollars
Consulting Services:
(See Attach.1)
1 Engineering/Construction $140,000
Management/Soils Consultant
(NAICS # 541330)
2 Right of Way Consultant $0
(NAICS # 531390)
3 Environmental Consultant $0
(NAICS # 541620)
Construction:
(See Attach. 2)
4 Contractors $1,009,560
(NAICS # 237310,237990)
5 Trucking $64,440
(NAICS #484220)
TOTAL $1,214,000
(See Attachments 1 and 2 for details upon which the above summary is based.)
2. GOAL— METHODOLOGY
Step 1: Determination of a Base Figure (49 CFR Section 26.45 (c))
The County utilized the following methodology in establishing the County's base figure of
relative DBE availability for FFY 2008/09;
• For the numerator — Certified DBE firms under the California Unified Certification
Program (CUCP) as listed on the Caltrans-maintained CUCP DBE directory website
http://www.dot.ca.gov/hq/bep/dbeguery.htm with NAICS'' Codes that include the types
of work anticipated and who reside in Contra Costa County and surrounding counties
that would bid work in Contra Costa County
Page 1 of 5
• For the denominator — All firms on Census Bureau website
http://www.census.gov/epcd/cqp/view/cbpview.htm with NAICS Codes that includes the
types of work anticipated who reside in Contra Costa County and surrounding counties
that would bid work in Contra Costa County
*NAICS is the North American Industry Classification System and has replaced the U.S.
Standard Industrial Classification (SIC) system. This classification system was developed
jointly by the U.S., Canada, and Mexico to provide new comparability in statistics about
business activity across North America
The County calculated the Base Figure for ready, willing, and able certified DBEs as follows:
1. DBE % by Work Category = #of DBEs on Caltrans website by applicable NAICS
of all Firms on Census Bureau website by applicable NAICS]
2. DBE $ by applicable NAICS = DBE % by applicable NAICS X $ by applicable NAICS
3. Total DBE $ = Sum of DBE $ by applicable NAICS
4. Overall Base Figure = Total DBE $ /Total Contract $
Using the above described calculations, the overall base figure is calculated to be 10.92%
using this formula. The table below tabulates the 10.92% Base Figure calculation.
Calculation of Base Figure:
WORK WORK EST. # OF DBEs .TOTAL # DBE % BY TOTAL
ITEM # CATEGORY FED. BY WORK OF FIRMS WORK DBE $
DOLLARS CAT. BY WORK CAT. Sum(Col.
(Col. C) (Col. E) CAT. Col. D=Col. D x Col. C)
(Col. F) E/Col:F
Consulting Services:
1 Engineering/Const. $140,000 101 2211 4.57% $6,398
Management/Soils
2 Right of Way $0 4 590 0.68% $0
3 Environmental $0 43 319 13.48% $0
Construction:
4 Contractors - $1,009,560 36 293 12.29% $124,075
general
5 Trucking $64,440 17 531 3.20% $2,062
Total Fed.: $1,214,000 Total DBE : $132,535
TOTAL BASE FIGURE: [($132,535/$1,214,000) * 100%=] 10.92%
Step 2: Adjustment of Base Figure (49 CFR Section 26.45 (d))
Page 2 of 5
After completing Step 1 of the 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 no adjustment in the Base Figure for an AADPL of
10.92%. Available evidence considered by us included the following:
(1) Current Capacity of DBEs Measured by Actual Utilization:
One potential indicator of the availability and capacity to perform of DBEs is the
volume of work actually performed by DBEs on the County's FAA-funded projects in
recent years. The figures for Fiscal Years 2002/03, 2003/04, 2004/05, 2005/06 and
year-to-date 2006/07 based on total dollars (both local and federal $) paid to DBEs are
set forth in the following tables:
FISCALYEAR
2003/04
Work Category $ Paid to $ Paid to DBE Firms % Paid to
Contractors/ DBE Firms
Consultants
Consultinq Services $341,309 $199,009 58.3%
Construction $716,000 $93,223 13.0%
FISCAL YEAR
2004/05
Work Category $ Paid to $ Paid to DBE Firms % Paid to
Contractors/ DBE Firms
Consultants
Consulting Services $203,274 $48,243 23.7%
Construction NA NA NA
FISCAL YEAR
2005/06
Work Category $ Paid to $ Paid to DBE Firms % Paid to
Contractors/ DBE Firms
Consultants
Consulting Services $196,703 $14,163 7.2%
Construction NA NA NA
FISCAL YEAR
2006/07
Work Category $ Paid to $ Paid to DBE Firms % Paid to
Contractors/ DBE Firms
Consultants
Consulting Services 1,251,167 55,843 4.5%
Construction NA NA NA
FISCAL YEAR
2007/08(yea r-to-date)
Page 3 of 5
n
Work Category $ Paid to $ Paid to DBE Firms % Paid to
Contractors/ DBE Firms
Consultants
Consulting Services $2,129,737 $21,813 1.24%
Construction NA NA NA
Totals $4,838,190 $432,294 8.94%
Since Fiscal Year 2003/04, the overall average DBE utilization (measured by the
percentage of dollars paid to DBEs) was 8.94%. While DBE consultants have performed a
significant 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 continue to utilize
DBE subcontractors, suppliers and truckers below their representation in the workplace. In
reviewing the prime contractors documentation prior to the implementation of the mandated
race-neutral program in May 2006 and review of the DBE database there does not appear to
be a lack of DBEs to solicit subbids and quotes for typical airport work. Therefore, setting .
anticipated participation level for FFY 08/09 at the base figure of 10.91%, which is higher
than past utilization, is appropriate.
(2) Disparity Studies:
The California State Department of Transportation had a disparity study prepared by
BBC Research and Consulting. This detailed (539+ page) report researched and analyzed
DBE's involvement in the design and construction of roads and freeways in California. The
types of businesses studied in this report are the same types of businesses that Contra
Costa County would utilize to design and construct federally funded airport construction
projects. Based upon our review of this study, there is no compelling reason to adjust our
AADPL base figure of 10.92%.
Step 3: Overall AADPL (49 CFR.Section 26.45(e))
In consideration of all the evidence described above, as well as our knowledge of our
contracting market, we have determined that the appropriate overall Annual Anticipated DBE
Participation Level (AADPL)for FAA-assisted County projects in fiscal year 2008/09 is 10.92%.
FINAL SUMMARY
% DBE
Proiect Items: Fed. $ Amount Fed. $ DBE (weighted avg.)(1)
1. Consulting Services $140,000 $6398 4.57%
II. Construction $1,074,000 $126,137 11.74%
Total $1,214,000 $132,535 10.92%
I. Consulting Services
Item Description Fed. $ Amount Fed. $ DBE % DBE
Engineering $140,000 $6398 4.57%
Environmental $0 $0 0%
Page 4of5
Right of Way $0 0%
Total $140,000 $6398 4.57%
II. Construction Contracts
Item Description Fed. $ Amount Fed. $ DBE % DBE
Contractor general $1,009,560 $124,075 12.29%
Trucking $64,440 2062 3.2%
Total $1,074,000 $126,137 11.74%
(1) Percentage of available DBEs is based on NAICS codes and is weighted relative to the total
federal dollars anticipated to be spent.
3. PUBLIC PARTICIPATION IN SETTING FINAL OVERALL ANNUAL ANTICIPATED DBE
PARTICIPATION LEVEL
In conformance with Public Participation Regulatory Requirements of 49 CFR Part 26.45
and Caltrans Local Assistance Procedures Manual (LAPM)-Chapter 9, minority, women, small
business enterprises, local business chambers, and community organizations will be directly
notified of the proposed goal, and the availability of this report for their review and comment
prior to final adoption by the County Board of Supervisors.
Ju ' R. Bueren
Public Works Director
MS:MLH:GH:kg
G:\Design\CT DBE Forms_Exhibits\FFY08-09\FAA\AADPL FAA Methodologyffy08-09.docAttachments
C: E.Kuevor,DBELO
FAA,Civil Rights
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