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HomeMy WebLinkAbout09 APPROVAL DBE GOAL FY 2006-07 07-17-06AGENDA REPORT MEETING DATE: JULY 17, 2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERAll ANNUAL DBE GOAL OF NINE AND 75/100 PERCENT (9.75%) FOR FEDERAL FISCAL YEAR 2006-2007 SUMMARY The City's annual Disadvantaged Business Enterprise (DBE) Program has been prepared and identifies an Overall Annual DBE Goal of nine and 75/100 percent (9.75%) for Federal Fiscal Year 2006-2007. The required public participation process has been completed and the final DBE Program is ready for City Council approval. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 06-86 approving the Disadvantaged Business Enterprise (DBE) Program and Overall Annual DBE Goal of nine and 75/100 percent (9.75%) for Federal Fiscal Year 2006-2007. FISCAL IMPACT City Council adoption of Resolution No. 06-86 will ensure the City's continued receipt of federal funding for various Capital Improvement Projects that are partially funded through the United States Department of Transportation. BACKGROUND The attached Disadvantaged Business Enterprise (DBE) Program and Overall Annual DBE Goal for Federal Fiscal Year 2006-2007 addresses critical components and elements of the Federal Department of Transportation regulations. The City of Tustin's Overall Annual DBE Goal for Federal Fiscal Year 2006-2007 is nine and 75/100 percent (9.75%). Upon approval, it will be annually calculated to maintain relevancy to local market conditions and factors impacting DBE availability. The Draft DBE Program was submitted to Caltrans on May 31, 2006 and that agency has determined that it complies with Federal DBE Program requirements. Approval of Disadvantaged Business Enterprise (DBE) Program and Overall Annual DBE Goal of Nine and 75/100 Percent (9.75%) for Federal Fiscal Year 2006-2007 July 17, 2006 Page 2 The final Disadvantaged Business Enterprise (DBE) Program is now ready for City Council approval. Tim D. Serlet Director of Public Works/City Engineer Dana R. Kasdan Engineering Services Manager Attachment: Resolution No. 06-86 Caltrans Confirmation Letter Annual DBE Goal Program S:\City Councilltems12006 Councilltems'Approvai of DBE FY 2006-2007 & Reso 06-56.doc RESOLUTION NO. 06-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND OVERALL ANNUAL GOAL OF NINE AND 75/100 PERCENT (9.75%) FOR FEDERAL FISCAL YEAR 2006-2007, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CAL TRANS) WHEREAS, the City of Tustin is required to develop and submit a Disadvantaged Business Enterprise (DBE) Program and Overall Annual Goal for DBE participation for United States Department of Transportation (DOT) assisted contracts, as a condition of federal financial assistance, pursuant to Title 49 Code of Federal Regulations (CFR) Part 26; Participation by Disadvantaged Business Enterprises (DBE) in DOT Programs; and WHEREAS, in accordance with DBE regulations, the City of Tustin has developed a DBE Program and Overall Annual DBE Goal of nine and 75/100 percent (9.75%) for Federal Fiscal Year 2006-2007; and WHEREAS, City Council adoption is required to ensure compliance with Department of Transportation federal funding requirements, provisions and financial responsibilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that the DBE Program and Overall Annual Goal for Federal Fiscal Year 2006-2007 are hereby approved. AND BE IT FURTHER RESOLVED that the City Engineer acting as the City's DBE Liaison Officer is hereby authorized to execute the Disadvantaged Business Enterprise (DBE) Program and Overall Annual Goal for Federal Fiscal Year 2006-2007, and submission to the California Department of Transportation (Caltrans) on behalf of the City for funding authority approval. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 17th day of July 2006. Doug Davert, Mayor ATTEST: City Clerk -----Original Message----- From: Homa Nouri [mailto:homa_nouri@dotca.gov] Sent: Friday, June 30, 20062: 18 PM To: jwhitman@cityofalisoviejo.com; mpulone@cityofalisoviejo.com; gjohnson@anaheim.net; rmaguire@anaheim.net; warrens@ci.brea.ca.us; johnh@ci.brea.ca.us; jbiery@buenapark.com; nhenein@buenapark.com; bmorris@ci.costa- mesa. ca. us; em u noz@ci.costa-mesa.ca.us; PNaghavi@ci.costa-mesa.ca.us; ddancs@ci.cypress.ca.us, Ipierce@danapointorg; msinacori@danapointorg; mark.lewis@fountainvalley.org; Bill.Ault@fountainvalley org; suem@ci.fullerton.ca.us; Don H@ci.fullerton.ca.us; keithj@ch.ci.garden-grove.ca.us; wem@ch.ci.garden-grove.ca.us; dwebb@surfcity-hb.org; pemery@surfcity-hb.org; bstachelski@surfcity-hb.org; mbryant@ci.irvine.ca.us; mcarroll@ci.irvine.ca.us; kberg@Ci.irvine.ca.us; smay@lagunabeachcity.net; dweiske@lagunabeachcity.net; krosenfield@ci.laguna-hills.ca. us; kmontgomery@ci.laguna-niguel.ca.us; dreilly@lagunawoodscity.org; denn isn@bvengineering.com; Ikeane@lagunawoodscity.org; bwood ings@ci.lake-forestca.us; md ickens@ci.lake- forestca.us; jeffs@lahabracity.com; chafikm@lahabracity.com; ismilen@cityofiapalma.org; Ijackson@ci.los- alamitos. ca. us; snowell@ci.los-alamitos.ca. us; landerson@cityofmissionviejo.org; sland@cityofmissionviejo.org; bpatapof@city.newport-beach.ca.us; sbadu m@city . newport-beach. ca. us; herb. nakasone@rdmd.ocgov.com; mehrdad .soltani@rdmd.ocgov com; Ignacio.ochoa@rdmd.ocgov.com; jeannette. grieco@rdmd.ocgov.com; kmortazavi@octa.net; ypierre@octa.net; hthomas@octa.net; djohnson@octa.net; alin@octa.net; ksingh@octa.net; jbergener@octa.net; rhoh n baum@cityoforange.org; gfarber@cityoforange.org; thopkins@placentia.org; wsiecke@placentia.org; twheeler@cityofrsm.org; cameronw@san-clemente.org; hindiyeha@san-clemente.org; WH u ber@SanJuanCapistrano.org; NAbbaszadeh@SanJuanCapistrano.org; jross@ci.santa-ana.ca.us; galvarez@ci.santa-ana.ca.us; tsutaria@ci.santa-ana.ca.us; mvukojevic@ci.seal-beach.ca.us; wgzimmerman@wgze.com; cjacobs@ci.stanton.ca.us; bdoss@ci.stanton.ca.us; bwoollettjr@aol.com; lowe@sjhtca.com; brown@sjhtca.com; Serlet, Tim; Kasdan, Dana; wrepke@villapark.org; marwany@ci.westminster.ca.us; cjohansen@yorba-linda.org; mstowell@yorba-Iinda.org; Nasser Abbaszadeh Subject: Disadvantaged Business Enterprise (DBE) Program Submittal Fiscal Year 2006/07 Dear CEO, Public Works Director, City Engineer, This letter serves as confirmation that CAL TRANS Local Assistance received and reviewed The Disadvantaged Business Enterprise (DBE) program for Federal fiscal Year 2006/2007. Your program and proposed annual DBE goal meets the requirements and is approved in accordance with the 49 Code of Federal Regulations part 26. If you require any further assistance, please contact Homa Nouri at: Phone; 949-724-2410 Fax: 949-724-2592 Email: homa_nouri@dotca.gov Sincerely, Alan Williams Ph.D., PE., SE District 12 Local Assistance Engineer 949-756-7805 Exhibit 9B: Local Agency DBE Annual Submittal Form ",."",, , ",~,' ~..~.,..""""",_"'_~'"__""""~O_>"""',"'""",'^""""_,,,,,,,,_-,,"""'._.=_""'''',,..,,,,, r---. ~., ' t, ,f. i 'J , ..r ' .- f r"r . :) i L. ;1~r1 . .....'" "~'''''''"'''-.''~'''''''';'''''~-'''''''-'..''' TO: CALTRANS DISTRICT 12 District Local Assistance Engineer - Mr. Alan Williams , :1 ,,~-~ 1 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, Part 26, and the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan. City of Tustin submits our AADPL information. We have established an AADPL of 9.75% for the Federal Fiscal Year 2006-2007, beginning on October 1, 2006, and ending on September 30, 2007. Methodoloav Refer to the attached AADPL Methodology Enclosure. Disadvantaaed Business Enterprise Liaison Officer IDBELOI for FFY 2006-2007 Mr. Tim D. Serlel Director of Public Works / City Engineer 300 Centennial Way, Tustin, CA 92780 Phone: (714) 573-3150; Fax: (714) 734-8991; E-mail: tserlettliltustinca.ora Prompt Pav: Please refer to attachment for City's prompt payment provision. Submitted by: / , .., './ .~~"",,',~./ ',r , ~."- .1; -...; (Signature) (Date) . Tim D. Serlet Director of Public Works / City Engineer Phone Number: (714) 573-3150 Reviewed by Caltrans: (Signature of Caltrans District Local Assistance Engineer [DLAE]) (Date) Distribution: Original - DLAE DBE Annual Submittal Form (05/01/06) Copy - Local Agency after signing by DLAE (Attachment) PromDt Payment 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. D D ~ 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. 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-ays 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. 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 good 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 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. CITY OF TUSTIN Annual Anticipated DDE Participation Level (AADPli) Methodology FFY 2006-2007 Submitted in fulfillment of: Section 1101 of the Transportation Equity Actfor the 21st Century 49 Code of Federal Regulations Part 26 and Ca/trans Local Assistance Procedures Manual . This analysis is prepared exclusively for the City of Tustin, it is non-transferable and is not to be duplicated · CITY OF TUSTIN ANNUAL ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) METHODOLOGY FOR FEDERAL FISCAL YEAR 2006-2007 (Covering the period of October 1, 2006 through September 30, 2007) I. INTRODUCTION On May 1,2006, the City of Tustin implemented a wholly race-neutral Disadvantaged Business Enterprise (DBE) program in accordance with directives issued by the California Department of Transportation (CaltranslDepartment). The directive was issued as a result of a recent decision from the Ninth Circuit Court of Appeals and guidelines promulgated by the Federal Highway Administration (FHW A) in response to that decision. The decision mandated that evidence of discrimination in the transportation contracting industry must be documented in order to implement a DBE race-conscious program. After careful analysis, the Department and FHW A concluded that the Department lacked sufficient evidence to satisfy the strict scrutiny and newly established evidentiary standards established by the Ninth Circuit to request a waiver from US DOT to continue its use of race-conscious measures to meet the State's Overall DBE Goal. Hence, ).- Effective May 1, 2006, the Department and its subrecipients (Local Agencies) of DOT- assisted funding may no longer advertise and award contracts with Federal-aid funds containing Race-Conscious DBE goals. ).- Local Agencies are required to submit a "Disadvantaged Business Enterprise Race- Neutral Agreement (Exhibit 9-A)" in accordance with Section 9.6 of Chapter 9 of the Caltrans Local Assistance Procedures Manual (LAPM) by June 1,2006. ).- Local Agencies are required to submit an "Annual Anticipated DBE Participation Level" (AADPL) by June 1, 2006 for its Federal Fiscal Year 2006-2007 Federal-aid contracts, including following the Step I and Step II prescribed methodology. ).- Effective May 1, 2006, all Federal-Aid procurements shall contain Race-Neutral DBE contract language (refer to "Sample Notice to Contractors and Special Provisions" and "Sample Proposal and Contract" available for download from Caltrans' Division of Local Assistance website at htto://www.dot.ca.govlhq/LocaIPrograms/sam boil/sam boil.htm ).- Effective May 1,2006, Local Agencies will be required to determine "DBE Availability Advisory Percentages" for individual Federal-aid contracts, to assist potential bidders/proposers in ascertaining a reasonable level of participation on any given Federal-aid contract. Additionally, Local Agencies will be required to include the "DBE Availability Advisories" and appropriate DBE Race-Neutral specifications in the PS&E documents. City of Tustin AADPL Methodology FFY 2006-2007 Page 2 of7 jo- Local Agencies will be required to collect and report participation and utilization by DBEs on Federal-aid contracts (no change). jo- Local Agencies are required to actively participate in both Department's statewide availability study and disparity study anticipated to commence late May 2006 and completed by May 2007 to fulfill the requirements of the law as identified by the Ninth Court of Appeals ruling. In response to these policy directives, the City of Tustin hereby sets forth its AADPL methodology for FFY 2006-2007. II. DOT-ASSISTED CONTRACTING PROGRAM FOR FFY 2006-2007 Table 1 serves to identify the City of Tustin's DOT-assisted contracting program for FFY 2006- 2007 considered in preparing its Annual Anticipated DBE Participation Level (AADPL) in accordance with Chapter 9, Section 9.7 of the Local Assistance Procedures Manual (LAPM). The Jamboree Road/Irvine Blvd. AC Pavement Rehabilitation project was considered in the federally prescribed AADPL analysis based on DOT-assisted funding and the anticipated award date. This project has viable contracting and subcontracting possibilities, a required criterion for AADPL consideration. Table 1 Jamboree Road / Irvine Blvd. AC Pavement Rehabilitation $2,929,300.00 $1,464,650.00 $0.00 $0.00 TOT AL S2,929,300.00 SI,464,650.00 SO.OO SO.OO Table :2 provides a summary of work grouped into one primary category: Construction Services, utilizing the CVCP 2002 North American Industry Classification System (NAICS) work categories and 2003 Census Business Patterns NAICS. Table:2 also serves to identify the estimated Federal Dollar Share and the Percent of Federal Funding as follows: City of Tustin AADPL Methodology FFY 2006-2007 Page3 of7 Table 2 CONTRACT TYPE CUCP DATABASE' PRIMARY 2003 NAICS CENSlIS DATA' ESTIMATED FEDEIUL DOLLAR SHARE (~) OF FEDERAL FUNDING Construction Services TOTAL 237310 237310 $1,464,650.00 $1,464,650.00 100% 100% III. AADPL - METHODOLOGY Step 1: Determination of a Base Figure (26.45/ To establish the City of Tustin's Base Figure of the relative availability of DBEs to all comparable firms (DBEs and Non-DBEs) available to bid or propose on the City of Tustin's FFY 2006-2007 DOT-assisted contracting opportunities projected to be solicited, the City of Tustin followed one of the five prescribed federal methodologies to determine availability. This was accomplished by accessing the California Unified Certification Program (CUCP) DBE Database of Certified Firms and the 2003 U.S. Census Bureau County Business Patterns (CBP) Database. Comparisons were made by corresponding zip codes within the City of Tustin's market area (defined as Orange County) and by the specified industries and types of businesses identified in Table 2. The City's local market area represents where the substantial majority of the City's dollars are expended and/or where the substantial majority of contractors bids or quotes are received. The City of Tustin made a concerted effort to ensure that the scope of businesses included in the numerator was as close as possible to the scope included in the denominator. For corresponding detail of all work category classifications grouped, refer to Attachments I and II. q For the numerator: California UCP DBE Database of Certified Firms q For the denominator: 2003 U.S. Census Bureau's Business Pattern Database (CBP) To determine the relative availability of DBEs, the City of Tustin divided the numerator representing the ratio of ready, willing and able DBE firms within the City's defined market area, by the denominator representing all firms (DBEs and Non-DBEs) available by each work category within the defined market area. Application of this formula yielded the following baseline information: , Refer to Attachments I and II for corresponding detail of all work trades grouped under the primary NAICS Codes. 2 26.45 represents Title 49 CFR Part 26 regulatory reference. City of Tustin AADPL Methodology FFY 2006~2007 Page 4 of7 Number of Ready, Willing, and Able DBEs Number of All Available Firms (Including DBEs and Non-DBEs) = BASE FIGURE The Base Figure was further adjusted by weighting the relative availability of DBEs grouped within the major work trades, giving more weight to the work trades/industries in which the City projects to spend more DOT-assisted dollars. The Base Figure resulting from this weighted calculation is as follows: Step I: Base Figure (weighted by type of work to be peiformed and corresponding contracting dollars) Construction Services Base Figure = [100 % (DBEs in NAICS 237310*) ] (CUCP in NAICS 237310**) Base Figure = [ 1.0 illQJ. ] 1,578 Base Figure = [ 1.0 (.0862) ] Base Figure = (.0862) 100 = 8.62 = 9% ... * For additIOnal NAfCS Codes from the California Unified DBE Directory, refer to Attachment I. ** For additional NAfCS Codes, refer to Attachment If. *** Rounded to the nearest whole number Table 3 serves to identify the City of Tustin's "DBE Availability Advisory Percentage" calculated by project below: Table 3 PRO.JECT 'U:COMMENIlEIl IlBE AVAILABILITY AIlVISORY ')ERCENTAGE BY PRO.JECT Jamboree Road / Irvine Blvd. AC Pavement Rehabilitation 9% The individual DBE Availability Advisory Percentage will be inserted in the respective solicitation documents under Section 2-1.03 of the standard boilerplate specifications. City of Tustin AADPL Methodology FFY 2006-2007 Page 5 01'7 Step 2: Adjusting the Base Figure Upon establishing the Base Figure, the City of Tustin reviewed and assessed other known evidence potentially impacting the relative availability of DBEs within the City of Tustin's market area, in accordance with prescribed narrow tailoring provisions set forth under 49 CFR Part 26.45 Step II DBE Goal Adjustment guidelines. Evidence considered in making an adjustment to the Base Figure included the City of Tustin's Past DBE Goal Attainments on Similar Type Projects, Bidders List, Disparity Studies and Other Relevant Evidence within the City of Tustin's jurisdiction. A summary of these considerations follows: A. Past DBE Goal Attainments on Similar Type Projects The following table reflects the demonstrated capacity of DBEs (measured by actual historical DBE participation attainments) on DOT-assisted contracts awarded by the City of Tustin within the last three fiscal years: Table 4 DHF: DBF: GOAL DBF: GOAL PRO,IECT CONTRACT COMMITMENT .\TTAINMF:NT GOAL I~~~~ Jamboree Road Rehabilitation (from 1350' to 2750' North of 13% 13% 4% Tustin Ranch Road) Jamboree Road Rehabilitation (1- 11% 11.82% 10.5% 5 Freewav to Irvine Blvd) Bryan Avenue Rehabilitation 11% 11.82% 10.5% (Newport Ave. to Redhill Ave.) Bryan A venue Rehabilitation (Between Redhill A venue and 11% 11.82% 10.5% Browning Ave.) Main Street Rehabilitation 10.5% (Between Stoneglass and SR-55 11% 11.82% Median Freeway) Irvine/Prospect Rehabilitation 12% 12% 18% Project No. 7160 & 7161 Walnut Avenue Rehabilitation (from Browning Avenue to 9% 18% 18% Myford Road) Tustin Ranch Road Pavement Project in Progress- Rehabilitation Walnut Ave to 10% 13.61% Contract Not Bryan Ave. Complete City of Tustin AADPL Methodology FFY 200n-2007 Page 6 of? The City of Tustin considered past attainments as tangible evidence of DBE availability beyond availability identified in the Step I calculation, which strictly utilized the 2003 U.S. Census information and CUCP DBE database. Nine (9) projects are listed in table 4 above, however, only seven (7) of the nine were considered in this analysis. The Jamboree Road Median Barrier project (shaded) is dissimilar in scope to the Federally-Assisted project the City anticipates releasing in FFY 2006-2007. The Tustin Ranch Road Pavement Rehabilitation Walnut Ave to BI:van Ave project is currently in progress, therefore, no attainment data is available at this time. Based on the historical attainments of the seven (7) closed out projects, the City's past participation percentages range from 4% to 18%, with a Median Past Participation of 10.5%, as reflected in the table above. The Step One Base Figure (9%) was added to the median (10.5%) and divided by two (2) to calculate the average. The Adjusted Base Figure resulting from the application of this formula follows: Step I Base Figure (9%) + Median Past Participation (10.5%) = ADJUSTED BASE FIGURE 2 Formula Step I Base Figure Median Past Participation 9% + 10.5 % 19.5 % + 2 - 9.75% Adjusted Base Figure = 9.750/0 The formula resulted in an upward adjustment to the Base Figure from 9% to 9.75%. B. City of Tustin's Bidders List The City of Tustin's Bidders List was considered in adjusting the base figure. The City has collected Bidders list data for one (I) project; however, the single project alone is not sufficient enough to make an adjustment to the adjusted Base Figure. The City of Tustin will continue to capture such information from all bidders at the time of bid/proposal submission and will utilize such information in future AADPL analysis. C. Evidence from Disparity Studies The City of Tustin is not aware of any current disparity studies within the City of Tustin's jurisdiction and/or market area to consider in adjusting the Step I Base Figure. However, the City of Tustin will actively participate in the California Department of Transportation's availability/disparity study and apply results of such in future DOT -assisted contracts when completed. City of Tustin AADPL MtOthodology FFY 2006-2007 Page 7 of7 D. Other Relevant Evidence The City of Tustin is not aware of any additional relevant data; including anecdotal evidence over and above those factors considered that would sufficiently merit an adjustment to the Base Figure at this time. However, the City will continue to explore and consider all available evidence that could have a potential impact on the AADPL process. Overall Resultant AADP L Adjustment Based on the City of Tustin's review and consideration of the above factors, an upward adjustment from the 9% Base Figure of DBE availability was made to 9.75% as determined by the calculation above (Refer to A). As such. the City of Tustin has determined its AADPL to be 9.75% for FFY 2006-2007. The AADPL is expressed as a percentage of all DOT-assisted funds that the City will expend in the forthcoming fiscal year. IV. RACE-NEUTRAL MEASURES The City of Tustin will implement race-neutral measures to meet its overall AADPL objectives, including but not limited to: :;.. Arranging solicitations. times for the presentation of bids. quantities. specifications. and delivery schedules in ways that facilitate DBE and other small business participation. ;.. 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. Jo- Providing information and communications programs on contracting procedures and specific contract opportunities. V. PUBLIC PARTICIPATION Public Participation is not a required component in determining an AADPL; however, the City of Tustin will exercise discretion in facilitating the public participation process.