HomeMy WebLinkAboutMINUTES - 04042006 - C.1 i
TO: BOARD OF SUPERVISORS
Contra
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR g, - _, �s
Costa
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DATE: April 4, 2006 °o;.;:- •�' County
A OUNT
SUBJECT: ADOPT Goals for U.S. Department of Transportation Federal Highway Administration [FHWA]
Funded Projects, Countywide.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ACKNOWLEDGE receipt of"Annual DBE Goal and Methodology Report for FHWA Funded Contracts,"dated
March 2006, approved by Maurice M. Shiu, Public Works Director.
Based on the report, ADOPT an overall DBE goal of 9.6% of the Federal financial assistance in FHWA assisted
contracts administered by the County in federal fiscal year(FFY) 2005/2006.
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Continued on Attachment: (� SIGNATURE:
[q4E OMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF O D COMMITTEE
PPROVE ❑ OTHER
SIGNATURE(S): p
ACTION OF BO D N fID 1 m
APPROVED AS OM �/M NDED [j' OTHER ❑
VOTE OF SUPERVISORS
✓ UNANIMOUS(ABSENT I hereby certify that this is a true and correct copy of an action taken
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AYES: NOES: and entered on the minutes of the Board of Supervisors on the date
ABSENT: ABSTAIN: shown.
MGrpD
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G:\GrpData\Design\BOARD ORDERS\2006\ ATTESTED:
Co DBE Prgm&Goal(4-4-06).doc JOHN CULLEN,Clerk of the Board of Supervisors and County
Orig.Div:Public Works(Design Division) Administrator
Contact: M.Hollingsworth(313-2231)
M;; E.Kuevor,CAO
County Counsel
Caltrans,via PWD By o , Deputy .
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SUBJECT: ADOPT Goals for U.S. Department of Transportation Federal Highway Administration [FHWA]
Funded Projects, Countywide.
DATE: April 4, 2006
PAGE: 2 of 2
FISCAL IMPACT:
There is no impact on the General Fund. Adoption of annual DBE goal in compliance with Federal Regulations are
a pre-requisite to maintain eligibility for Federal funding.
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
Federal regulations require notification of the proposed annual DBE goal 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 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 DBE Goal 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,FHWA(through Caltrans)will stop authorizing Federal funds
earmarked for County road and bridge improvement projects.
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COUNTY OF CONTRA COSTA
ANNUAL DBE GOAL AND METHODOLOGY
REPORT FOR FHWA FUNDED CONTRACTS
March 2006
1. FHWA-ASSISTED CONTRACTING PROGRAM FOR FFY 2005/06
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The following represents County of Contra Costa's (County) projected FHWA-assisted
(USDOT funded) contracts and expenditures by work category for FY 2005/06:
Work Item # Work Category Estimated Federal
(NAICS CODE #) Dollars
Consulting Services:
(See Attach.1)
1 Engineering/Const. $116,000
Management/Soils Consultant
(NAICS # 541330)
2 Right of Way Consultant $80,000
(NAICS # 531390)
3 Environmental Consultant $56,000
(NAICS # 541620)
Construction:
(See Attach. 2)
4 Contractors (NAICS # $475,000
237310,237990)
5 Trucking (NAICS #484220) $25,000
TOTAL $752,000
(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 2005/06;
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• 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/dbe query.htm with NAICS Codes that include the types
of work anticipated and who reside in Contra Costa County and surrounding counties
that would bid work in Contra Costa County
• For the denominator — All firms on Census Bureau website
http://www.census.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
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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 NAICd
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 9.6%
using this formula. The table below tabulates the 9.6% 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. $116,000 399 2382 16.8% $19,488
Management/Soils
2 Right of Way $80,000 2 566 0.35% $280
3 Environmental $56,000 37 346 10.7% $5,992
Construction:
4 Contractors $475,000 38 403 9.4% $44,650
5 Trucking2$ 5,000 40 589 6.8% $1,700
Total Fed.: $752,000 Total DBE : $72,110
TOTAL BASE FIGURE: [($72,110/$752,000) * 100%=] 9.6%
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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 no adjustment in the Base Figure for a
proposed DBE goal of 9.6%. 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 FHWA-funded projects in
recent years. The figures for Fiscal Years 2000/01, 2001/02, 2002/03, 2003/04 and
year-to-date 2004/05 based on total dollars (both local and federal $) paid to DBEs are
set forth in the following tables:
Page 2 of 5
FISCAL YEAR
2000/01
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $334,979 $80,058 23.9%
Construction $3,405,845 $163,620 4.8 %
FISCALYEAR
2001/02
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $305,340 $127,664 41.8%
Construction $108,554 $6188 5.7%
FISCAL YEAR
2002/03
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
I Consultants DBE Firms
Consulting Services $210,029 $83,789 39.9%
Construction $1,168,000 $6188 0.5%
FISCAL YEAR
2003/04
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $77,900 $11,939 15.3%
Construction $486,074 $9,473 2.0%
FISCAL YEAR
2004/05(year-to-
date)
Work Category $ Paid to Contractors/ $ Paid to DBE Firms % Paid to
Consultants DBE Firms
Consulting Services $154,676 $80,000 51.7%
Construction $0 $0 0%
Totals $6,251,397 $568,919 9.1% Avg.
Since Fiscal Year 2000/01, the average DBE utilization (measured by the percentage of
dollars paid to DBEs) was 9.1%. While DBE consultants have performed a large
percentage of our professional services needs (primarily in construction management
services), the DBE contractors, suppliers and truckers have not performed the amount of
work in proportion to their representation. Prime contractors for the fifth consecutive year
have been demonstrating good faith efforts to satisfy our DBE contract requirements. In
reviewing the prime contractors documentation there does not appear to be a lack of DBEs
to solicit subbids and quotes. 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.
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(2) Disparity Studies:
Our research found only one current disparity study in the greater San Francisco Bay
area. We reviewed this disparity study prepared for Alameda County issued in October
2004 by Mason Tillman Associates. The 369 page report covered a wide range of business
types and small local emerging businesses. They did not discuss in detail nor analyze
DBEs as a group. Because of the varying standard used to identify minority and women
owned businesses it is impossible to extrapolate the results for use in making any
adjustments to our base figure. Therefore, no adjustment to the Base Figure was made on
that basis.
Step 3: Overall DBE Goal (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 FHWA-
assisted County projects in fiscal year 2005/06 is 9.6%.
FINAL SUMMARY
Proiect Items: Fed. $ Amount Fed. $ DBE % DBE
I. Consulting Services $252,000 $25,760 10.2%
II. Construction $500,000 $46,350 9.3%
Total $752,000 $72,110 9.6%
I. Consulting Services
Item Description Fed. $ Amount Fed. $ DBE % DBE
Engineering $116,000 $19,488 16.8%
Environmental $56,000 $5,992 10.7%
Right of Way $80,000 280 0.35%
Total $252,000 $25,760 10.2%
II. Construction Contracts
Item Description Fed. $ Amount Fed. $ DBE % DBE
Contractor $475,000 $44,650 9.4%
Trucking $25,000 $1,700 6.8%
Total $500,000 $46,350 9.3%
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
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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.
It is anticipated that the remaining portion of the goal, 7.6%, 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 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.
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gri M. Shiu
Publi&Works Director
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MS:MLH:GH:
G:\GrpData\Design\CT DBE Forms_Exhibits\FFY05-06\FHWA FFY05-06\Final FHWA DBE Goals&Methodologyffy05-06.doc
Attachments
C: E. Kuevor,DBELO
A. Duffy,Caltrans
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Contractor/Truckers Participation Attachment
FFY 2005-06 FHWA Projects
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PROJECT Contractors Trucking Totals
$25,000
Iron horse Trail O.C. $475,000 ($4,655,000) ($245,000) $500,000 ($4,900,000)
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NAICS DBE % (see report pg.2) 9.4% 6.8% NA
Est. DBE Participation in
Construction $44,650 ($437,570) $1700 ($16,660) $46,350 ($454,230)
Final Est.Total DBE%
Participation (DBE participation/Total) * 100%= %DBE
($46,350/$500,000) *100%= 9.30%
* Amounts shown are Federal $ with total project $,
federal $ and local $ match, shown in parenthesis.
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(05-06)D BE repo rtFHWAatt2/FHWA Summary $heet
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CONSULTANTS Attachment i
PARTICIPATION
FFY 2005/06 FHWA PROJECTS`
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ENGINEERINGICONS
� RIGHT OF WAY EVIRON.
PROJECT MANAGE MENTISOILS CONSULTANT CONSULTANT TOTALS
dethel Islandbridge
Marsh Creek Bridge $116,000($145,000) NA $56,000($70,000) $172,000($215,000)
TOTAL 6, 8 0, 00 $56,000 0,0 00 3 ,000)
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NAICS DBE°°(see reportpg.2) 16.8% 0.35% 10.7°° NA
Est.DBE$Participation-
Consultant Services $19,488($24,360) $280($350) $5992($7490) $25,760($32,200)
Final Est.Total DBE%
Participation (DBEpaparticipation/Total) 100%— %DBE
($25,760/$252,000)
*100%= 10.20%
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Amounts shown are Federal$with total project$,federal$
and local$match,shown in parenthesis.
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[FHWA 04-05](05-06)DBEreportFHWAatt1