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HomeMy WebLinkAbout09-177Resorution RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING AND ADOPTING THE METHODOLOGY FOR THE ANNUAL ANTICIPATED DISADVANTAGED BUSINESS ENTERPRISE (DBE} PARTICIPATION LEVEL (AADPL) OF 13% FOR FEDERAL FISCAL YEAR (FFY} 2Q09110 WHEREAS, as a condition of receiving Federal Highway Administration (FHWA) transportation funding, the County of Butte must adopt a Disadvantaged Business Enterprise (DBE) Program in compliance with Title A~9 CFR 25, "Participation by Disadvantaged Business Enterprises in U.S. Department of Transportation Programs," and WHEREAS, the State of California's Department of Transportation (Caltrans) is the State agency authorized by the FHWA to oversee implementation of these regulations; and WHEREAS., pursuant to Caitrans' Division of Local Assistance March 4, 2009, Disadvantaged Business Enterprise (DBE) Program directives, as a condition of receiving federal financial assistance on DOT-assisted contracts, the County of Butte was required to transition to Caltrans' newly adopted Race Conscious DBE Program by submitting both a new Exhibit 9-A "Disadvantaged Business Enterprise Implementation Agreement for the County of Butte," adopting Caltrans' new DBE Program Plan, and an Exhibit 9-B, submitting adopted methodology for an Annual Anticipated DBE Participation Level (AADPL) for FFY 2009/10 beginning on October 1, 2009 and ending on September 30, 2010, based upon determination of race-conscious and race-neutral AADPL components; and WHEREAS, the County of Butte Board of Supervisors authorized approval and adoption of said Exhibit 9-A "Disadvantaged Business Enterprise Implementation Agreement for the County of Butte" at the regular Board of Supervisors' meeting of May S, 2009, by Resolution No. 09-071; and WHEREAS, the County of Butte requested and received an extension beyond the August 1, 2009 deadline established for submittal of said Exhibit 9-B, pending development and adoption of methodology for determining an Annual Anticipated DBE Participation Level {AADPL) for FFY 2009110 based on Caltrans' new race consciouslrace-neutral DBE Program components; and WHEREAS, Board of Supervisors adoption is required to ensure compliance with Department of Transportation federal funding requirements, provisions and financial responsibilities. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of .Butte, State of California, hereby authorizes the approval and adoption of the methodology for the Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) of thirteen percent {13%} for FFY 2009/10, and authorizes the Director of Public Works to execute and submit Exhibit 9-B to Caltrans, on behalf of the County of Butte, including required designation of adopted race-neutral DBE program measures, federal-aid contract "Prompt Payment Provisions," and methods for monitoring and enforcing prompt payment to subcontractors. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 8th day of December, 2009, by the following vote: ,A'yLiS• Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: NOrie ABSENT: None NOT VOTING: None _ ~~ Bill Connelly, Chair, Butte County Board of Supervisors ATTEST: Scott Tandy, er~m 'ef Adminuistrative Officer and Clerk t1n Bo d By: ~L Cler eputy o~p ~~~r o~ ~ ~UTTF 0 0 w g ~ClC WC~~ Department J. Michael. Crump, Director Shawn H. O'Brien, Assistant Director Exhibit 9-B Local Agency DBE Annual Submittal Farm T0: CALTRANS DISTRICT 03 District Local Assistance Engineer - Mr. Ben 7. Bramer 7 County Center Drive Oroville, CA 95965 (530)538-7681 Fax (530) 538-7171 The amount of the Annual Anticipated DBE Participation Level (AADPL) and methodology are presented herein, in accordance with Title 49 of the Code of Federal Regulations {CFR), Part 26, and the State of California, Department of Transportation Disadvantaged Business Enterprise {DBE) Program Plan. The County of Butte submits our AADPL information. We have established an AADPL of 13% (5% Race Neutral; 8% Race Conscious} for the Federal Fiscal Year 2009 /10, beginning on October 1, 2009 and ending on September 30, 2010. Methodolo~v (Refer to the attached AADPL Methodology Enclosure.) Disadvanta ed Business Ente rise Liaison Officer BELO Mr. Paul Lundbam, Senior Civil Engineer 7 County Center Drive, Oroville, CA 95965 Phone: {530) 538-7681 Fax: {530) 538-7171 E-mail: Iundbom buttecaun .com Planned Race-Neutral Measures The County of Butte plans to implement the fallowing Race-Neutral measures to comply with 49 CFR Part 26.51 and Section V of the California Department of Transportation Race-Conscious DBE Program Implementation Agreement for Local Agencies. ~ Arranging solicitations, times far the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate DBE, and other small businesses, participation {e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces); Public Works Providing technical assistance and other services; • Carrying out informational and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate}; • Providing services to help DBEs, and other small businesses, improve long-term development, increase opportunities to participate in a variety of types of work, handle increasingly significant projects, and achieve eventual self-suffciency. Also, the County will refer its DBE & Small Business Contracting Community to the District's Mentor Protege Program/Calmentor Program; Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low; • Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media Prompt Pax Federal regulation (49 CFR 26.29) requires one of three established methods be used in federal-aid contracts to ensure prompt and full payment of any retainage, kept by the prime contractor or subcontractor, to a subcontractor. Attached is a listing of the three different predetermined prompt payment provisions for these methods with the prompt payment provision (Option #3) designated by the County to be used on future federal-aid contracts indicated. 49 CFR Part 26.29(4) further requires providing appropriate means to enforce prompt payment, These means may include appropriate penalties far failure to comply with the terms and conditions of the contract. The means may also provide that any delay or postponement of payment among the parties may take place only far good cause, with the local agency's prior written approval. Below are the monitoring and enforcement mechanisms the County currently has in place to ensure that all subcontractors, including DBEs, are promptly paid. Prompt Payment Monitoring and Enforcement: Mechanism No.1 During the course of the construction contract, compliance is monitored and documented by the County Public Works Department Construction Management Team to determine employers' monthly labor, job classification, materials, and workmanship compliance provided for the contract. Through review and management of labor compliance documentation, the County knows who was paid for specific services provided during the course of construction. At the completion of the construction contract, the contractor is required to submit a DBE utilization form which is reviewed and approved prior to final release of project retention to the contractor and project closeout documentation. Mechanism No. 2 The County Pubic Works Department alerts contractors to their responsibilities included in the designated Prompt Payment Provision (Option #3) by placing the language in project bid documents. Mechanism No. 3 The County Public Works Department Construction Management Team also takes prompt action when notified of subs not getting paid. (Signature ) (Print Name and Title) ADMINISTERING AGENCY (Authorized Governing Bady Representative) {Signature of Caltrans District Local Assistance Engineer jDLAE]) Distribution: (1) Original - DLAE (2) Signed copy by the DLAE -Local Agency Date Phone Number Date DBE Annual Submittal Form (07131/9) (Attachment} Prom t Pa meat of Withheld Funds to Subcontractors Federal regulation (49 CFR 26.29) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Please check the box of the method chosen by the local agency to ensure prompt and full payment of any retainage. ^ Method 1: No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. ^ Method 2: No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. ® Method 3: 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 all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for goad cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. .,. ~, _ o r r- { r <!- f ~ i ,. ~ E 1 : 1 E ~ i i T ....._. .,.~_. _... ......_. .__.._..'~ _..l .__.~. __,.._ _~._..._ .: ~j fJ _ _ x~ r~ u ~~A~n t~ . ~~_~ f .ae c~. E .~ i ~ ~~ ~. E ! t ~. ' f ~ - ~ l 1' t __.~ j ._._f _-r~ i~~ _. ~_ j~,~rt~1.C1 ~ _..i3 ~ s~. LJ _~ . ~, ~._..._r' ~~i 7,' ~1~. _~ ~- ..~ ~~ r F_ j ~ ~ ~~ :~ ~ :~ ~ eahocl ~.~ . ~o ~~- _~ _. o~~ FF : ( ~,a~9~~ 0 Submitted in fulfillment of Section 1101 of the Transportation Equity Act for the 21Sr Century 49 Code of Federal Regulations Part .2b and Caltrans Local Assistance Procedures Manual *Tlus analysis is prepared exclusively far the County of Butte; it is non-transferable and is. not to be duplicated.* COUNTY OF BUTTE .ANNUAL ANTICIPATED DBE PARTICIPATION LEVEL {AADPL) METHODOLOGY FOR FEDERAL FISCAL YEAR 200911.0 (Covering the period of October 1, 2009 through September 30, 2010) I. INTRODUCTION The County of Butte (County) herein sets forth its Annual Anticipated DBE Participation Level (AADPL} and corresponding methodology for Federal Fiscal Year (FFY) 2009110. The AADPL submitted for consideration includes Race-Neutral and Race-Conscious projections on how the County anticipates achieving its AADPL. The Race-Conscious component of the County's DBE program is limited to the four (4} Underutilized Disadvantaged Business Enterprise {UDBE} groups {African American, Asian Pacific, Native American and Women}, in conformance with Title 49 CFR Part 2~ and directives and guidance issued by the California Department of Transportation (Caltrans) dated March 4, 2009. II. DOT~ASSISTED CONTRACTING PROGRAM FOR FFY 2009110 Table I serves to identify the County's DOT-assisted contracting program for FFY 2009110 considered in preparing its Annual Anticipated DBE Participation Level (AADPL). The Bridge Reconstruction on Midway Road over Butte Creek Project scopes of work include: Design Engineering & Environmental services. The Bridge Reconstructian an Oregon Gulch Road over Morris Ravine Project scopes of work include: Design Engineering & Environmental services. The Lincoln Blvd Project scopes of work includes: Asphalt Paving, Clearing & Grubbing, Concrete, .Electrical, Excavation, Landscape and Striping work. The Golden Hills & Helen Wilcox Elementary Schools Neighborhood Pedestrian 1'mprovements Project scope of work includes: Asphalt Paving, Clearing & Grubbing, Concrete, Electrical, Excavation, Fence Installation and ,Striping work. These projects have viable subcontracting possibilities, a required criterion for AADPL consideration, and are anticipated to be awarded within FFY 2009110. County of Butte AADP>/ Methodology for FFY 2009/10 Pale 2 of l l Table 1 ~1 ~1 1 ~ I 1 1 1 1 1 E 1 1 ~ Bridge Reconstruction on Midway Road over Butte $550,000.00 $0.00 $987,000.00 $0.00 i Creek {Design Services} Bridge Reconstruction on _.___..._._.._- 4regon Gulch Road over Morris Ravine (Design $150,000.00 $0.00 $1.33,004.00 $0.00 Services) _ ' Lincoln Blvd {Median Improvements} $1,085,000.00 $975,000.00 $0.00 $0.00 Golden Hills & Helen ~ C Wilcox Elementary Schools Neighborhood Pedestrian Improvements $915,000.00 $294,000.00 $0.00 $0.00 (SRTS grant for sidewalk on the south side of Monte Vista Ave.) ! ~ II III li 111 II 1111 II 1 Table 2 provides a summary of the categories of work scopes of the defined Contracts/Projects identified in Table 1 by various North American Industry Classification System (NAILS) work codes for purposes of weighing the categories of work based on their estimated dollar value and the corresponding relative availability of DBEs in contrast to all firms available in the following "Base Figure'° analysis. Table 2 ~~ ! • ~~ ~ ~ Power and Communication Line and Related Structures Construction 237130 0.39% Highway, Street, and Bridge Canstructlan 237310 15.50% Poured Concrete Foundation and Structure Contractors 238110 4.07% Structural Steel and Precast Concrete Contractors 238120 4.07% Masonry Contractors 238140 9.07% County of Butte AADPI, Methodology for FFY 2009110 Page 3 of 11 Other Foundation, Structure, and Buildin Exterior Contractors 238190 4.07% Electrical Contractors 23$210 0.39% Other Building Finishin Contractors 238390 7.60% Site Pre aration Contractors 238910 1.0.88% All Other Specialty Trade Contractors 238990 20.08% Architectural Services 541310 10.25% Engineerin Services 541330 12.11% Testing Laboratories 541380 l..$6% Environmental Consultin Services 541520 1..86% Landsca ing Services ~ 561730 2.80% 100% (100% of Federal $} III. AADPL -METHODOLOGY Step 1: Determination of a Base Figure (26.45) To establish the County's Base Figure of the relative availability of DBEs to all comparable firms (DBEs and Non-DBEs) available to bid or propose on the County's FFY 2049110 DOT- assisted contracting opportunities projected to be solicited, the County followed one of the five prescribed federal methodologies to determine relative availability. This was accomplished by accessing the California Unified Certification Program (CUCP) DBE Database of Certified Firms and the 2007 U.S. Census Bureau County Br~siness Patterns (CBP) Database sorted by corresponding zip codes within the County's market area (defined as Butte, Colusa, Glenn, Placer, Sacramento, Shasta, Solano and Yuba County) for each of the specific subcontracting possibilities by NA7CS Code. The County's local market area represents where the substantial majority of the County's dollars are intended to be expended and/or where the substantial majority of the County's bids or quotes are received for similar types of work. The County made a concerted effort to ensure that the type of businesses included in the numerator was as close as possible to the types of businesses included in the denominator. For corresponding detail of all work category classifications grouped, refer to Attachments I and II. b For the numerator: California UCP DBE Database of Certified Firms b For the denominator: 2007 U.S. Census Bureau Business Pa#ern Database (CBP) To determine the relative availability of DBEs, the County divided the numerator representing the ratio of ready, willing and able DBE firms by NAILS within the County's defined market area, by the denominator representing all firms (DBEs and Non-DBEs) available by each work category within the defined market area. The County further refined its analysis by applying weight to each individual work category relative to its estimated contracting dollar share. ~ 26.45 zepresents Title 49 CFR Part 26 regulatory goal setting methodology reference. County of Butte AADPL Methodology far FFY 2009110 Page 4 of 11 The AADPL Base Figure resulting from Phis weighted calculation is as follows: Number of Ready, Willing, and Able DSEs Number of All Available Firms (Including DBEs and Non-DBEs) X Weight X 100 =AADPL SASE FIGURE Step 1: AADPL Base Figure (weighted by type of work to be performed (NAICS Categories) and estimated corresponding contracting dollars) Base Figure = 00.39% BEs in NAICS 237130 (CBPs in NAICS 237130) Base Figure = .0039 2 J 54 Base Figure = .0039 (.0370} Base Figure= .0401 Base Figure =x4.07% BEs in NAICS 2381 IO l (CBPs in NAICS 238110) Base Figure = .0407 30 246 Base Figure = .0407 (.1220) Base Figure = 15.5% (DBEs in NAICS,„ 237310)1 (CBPs, in NAICS 23731} J Base Figure = ~ .1550 34 J 116 Base Figure = .1550 (.2931) Base Figure = .0454 Base Figure =x4.07% BEs in NAICS 235120 l (CBPs in NAICS 23$120), Base Figure = .0407 32 47 Base Figure = .0407 (.6809) Base Figure= .0050 ~ Base Figure= A277 County of Butte AADPL Methodology for FFY 2009110 Page 5 of 11 {Continued) ~ ~ ~ • - ~ ~ ~ ~ • r Base Figure = 4.07% DBEs in NAICS 23$140 ~ Base Figure = 4,07% (DBEs in NAICS 23,8190) (CBPs in NAICS 238140} {CBP s in NAICS 238190) J J r Base Figure = I .0407 3 J Base Figure 4 1 .0407 5 169 J 44 Base Figure = .0447 (,0178) Base Figure = A407 (. 1136) Base Figure= .0007 Base Figure= ,0045 i ~ ~ i = ~ ~ ~ ~ Base Figure = ~ 039% (DBEs in NAICS 238210) ~ Base Figure = x7.60% (DBEs in NAICS 238390} {CBPs in NAICS 238210) l (CBPs in NAICS 238390) Base Figure = ~ .0039 11 J Base Figure = I .0760 1 650 ` 6S Base Figure = A039 {.0I69} Base Figure = .0760 {.0154) Base Figure = .0001 Base Figure = .0012 i ~ ~ ~ 1 R ~ I ~ ~1 Base Figure = ~ 10.88% (DBEs in NAICS ?38910)1 Base Figure = 20.08% (DBEs in NAICS 238990) (CBPs in NAICS 238910) J (CBPs in NAICS 238990) Base Figure = I .1088 39 ~ Base Figure = .2008 39 l 296 368 Base Figure = .1088 {.131$) Base Figure = .2008 (.1060} Base Figure= .0143 Base Figure = .0213 County of Butte AADPI. Methodology for FFY 2009110 Page 6 of 11 (Continued) Base Figure = ~ 10.25% (DBEs in NAICS 541310) (CBPs in NAICS 541310) Base Figure = 1025 3 194 Base Figure = .I025 {.0155) Base Figure = .0016 Base Figure = 11.$6% DBBs in NAICS S4I380 J `r (CBPPs in NAICS 541380) Base Figure = I .O I86 5 J 62 Base Figure = .0186 (.0806} Base Figure = .0015 Base Figure = ~ 2.80% (DBEs in NAICS 561730) (CB1Ps in NAICS 561730} Base Figure = .0280 6 J L 727 Base Figure = .0280 (.0083) Base Fi.~ure = .0002 Base Figure = C 12.11 % (DBEs in NAICS 541330} J l (CBPs in NAICS 541330) J Base Figure = .1211 31 54$~ Base Figure = .1211 (.0566) Base Figure = .0069 Base Figure = ~ 1.86% (DBEs in NAICS 541620) (CBPs in NAICS 541620} Base Figure = .0186 28 128 Base Figure = .0186 (.2188) Base Figure = .004! Base FigurE _ .0001 + .0454 + .0050 + .0277 + .0007 + .0046 + .0001 + .4012 + .0143 + .0213 + .0016 + .0069 +-.0015 + .0041 + .0002 Base Figure= (.1347) 100 = 13.47 =1.3%* ~` Rounded to the nearest whole number County of Butte AADPL Methodology for FFY 2009/10 Paee 7 of 11 Based on this analysis, the County determined its AADPL to be 13% for FFY 2009110. The AADPL is expressed as a percentage of all DOT-assisted fiu~ds that the County anticipates to expend in FFY 2009110. The AADPL further serves to identify the relative availability of DBEs based on evidence of ready, willing, and able DBEs to all comparable firms, which are known to be available to compete for and perform on the Cown.ty's DOT-assisted contracts. The AADPL reflects a determination of the level of DBE participation which would be expected absent the effects of discrimination. RACE-CONSCIOUS PROJECTION To determine the Race-Conscious component projection of its AADPL, the County refined the numerator to exclusively represent the ratio of ready, willing and able UDBE firms {African American, Asian Pacif c American, Native American and Women awned firms} by NA1CS within the County's def ned market area and divided this number by the denominator representing all firms {DBEs and Non-DBEs} available by each work category within the defined market area. The County further refined its Race-Conscious projection anysis by applying weight to each work category relative to its estimated dollar share of the ProjecdContract. For corresponding detail of all defined work category classifications, refer to Attachments I-RC and Attachment II. County of Butte AADPI, Methodology for FFY 2009/10 Page 8 of 11 (Continued) e ~ e ~ ~ ~ , - ~ t ~ I Base Figure = 4.07% DBEs in NAILS 238140 ~ Base Figure = 4.07% (UDBEs in NAILS 238190) ~ (CBPs in NAILS 238140) {CBPs in NAILS 238190 Base Figure = .0407 2 ~ Base Figure = .4407 4 169 ` 44 J Base Figure = .0407 (.Ol 18) Base Figure = .0407 (.0909} Base Figure= .0005 Base Figure= .003'7 i i 1 j ~ ~ ~ ~ - I - , - o Base Figure _ ~ 0.39/o BEs in NAILS 2382101 Base Figure = x7.60% {UDBEs in NAILS 238390) 1 (CBPs in NAILS 238210) J l {CBPs in NAILS 238390) J Base Figure = ~ .0039 $ ~ Base Figure = ~ .0760 1 650 JJ 65 Base Figure = .0039 (.0123) Base Figure = .0760 (.0154) Base Figure = .0000 Base Figure = .0012 ~ ~ i ~ 1 i ~ ~ '' I Base Figure = ~ 10.88% {UDBEs in NAILS 238910 Base Figure = 20.0$% BEs in NAILS 238990 C (CBPs in NAILS 238910) (CBPs in NAILS 238990 Base Figure = ~ .1088 27 ~ Base Figure = .200$ 20 ~ 296 368 Base Figure = .1088 {.0912) Base Figure = .2008 (.0453} Base Figure= .0099 Base Figure = .0109 County of Butte AADI'I, Methodology for FFY 2009110 Page 9 of 11 (Continued) Base Figure = 10.25% BEs in NAICS 541310 J (CB1Ps in NAICS 541310} Base Figure = ~ 1025 3 J 194 Base Figure = .1025 (.0154) Base Figure = .0014 Base Figure = ~ 1.86% DBEs in NAICS 541380 J r (CBPPs in NAICS 541380) Base Figure = I .OI86 4 J 62 Base Figure = .0186 {.0645) Base Figure = .0012 Base Figure = ~ 2.80% UDBEs in NAICS 561730 J (CB1Ps in NAICS 561730) Base Figure = .0280 3 J 727 Base Figure = .0280 (.0041) Base Figure = .0001 Base Figure = ~ I2. I 1 % (UDBEs in NAICS 541330) {CBPs in NAICS 541330) Base Figure = . i 2I 1 24 54$ Base Figure = .1211 (.0437) Base Figure = .0053 Base Figure = ~ 1.86% (UDBEs in NAICS 541620) (CBPPs m NAICS 541620) Base Figure = ~ 0186 25 J 128 Base Figure = .0186 {.1953) Base Figure = .0036 Base Figure = .0001 + .0267 + .0026 + .0156 + .0005 + .0037 + .0000 + .001 Z + .4099 + .0109 + .0016 + .0053 + .0012 + .0036 + .0001 Race-Conscious Projection = (.0830} X00 = 8.30 = 8%* * Rounded to the nearest whole number County of Butte AADPL Methodology for FFY 2009110 Page 10 of 11 RACE NEUTRAL PROJECTION To determine the Race-Neutral component projection of its AADPL, the County subtracted the established AADPL Base Figure (13%) by the Race-Conscious Projection (8%). The Race- Neutral projection determined based on the application of this formula follows: AADPL Ease Figure (Y3 %) -Race-Conscious Projection (8%) =Race Neutral {%) Projection Formula AADPL base Figure 13 Race-Conscious Component Projection S % 5% _ '-;^sn`et kY_ :~, :.":..: ~.-i=iiA ~~ 3~~,(~ ~Y~'~: j3= Fs'~: ,' RACE NEUTRAL ~ RACE-CONSCIOUS PROJECTIONS Accordingly, the County projects to meet $% of the 13% AADPL for FFY 2009110 utilizing Race-Conscious measures, including establishing and utilizing contract specific UDBE numeric goals, as necessary to achieve the AADPL. 5% of the 13% AADPL is projected to be achieved utilizing Race-Neutral methods in accordance with Title 49 CFR Part 26.51. The application of Race-Conscious goals on the County's DOT-assisted contracts will continue to be used only to the extent necessary to achieve the County's AADPL. Should the initial contract's actual DBE commitments exceed projections, adjustments will be made accordingly. IV. RACE-NEUTRAL IMPLEMENTATION MEASURES In accordance with Title 49 CFR Part 26.51, the County understands it must meet the maximum feasible portion of its AADPL by utilizing Race-Neutral means of facilitating DBE participation. Therefore, the County plans to implement the following Race-Neutral measures for FFY 2009110: Arranging solicitations, times for the presentation of bids, quantities, specif cations, and delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces}; • Providing technical assistance and other services; • Carrying out information and communication programs on contracting procedures and specific contract opportunities {e.g., ensuring the inclusion of DBEs, and other small County of Butte A,ADPL Methodology for FFY 2009110 Page 11 of 11 businesses, on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of infarrnation in languages other than English, where appropriate); Providing services to help DBEs, and other small businesses, improve long-term development, increase opportunities to participate in a variety of types of work, handle increasingly significant projects, and achieve eventual self-sufficiency. Also, the County will refer its DBE & Small Business Contracting Community to the District's Mentor Protege Program/Cahnentor Program; Establishing a program to assist new, start-up firms, particularly in f ells in which DBE participation has historically been low; • Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and • Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media. zW W m V a W H H L3~ Z U Q m Q N N~ I.f.. 0 N N J a z a v J W W J a~ w J N t•~'! C`~J iNY C~! Yf ~ T M ~ M M u? 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