Diversity, and Inclusion John R. Kasich, Jerry Wray, Ohio Governor - - PowerPoint PPT Presentation

John R. Kasich, Jerry Wray, Ohio Governor ODOT Director

Division of Opportunity, Diversity, and Inclusion

Learning Objectives

• Goal Setting
• New PN 013 Process
• Subcontract (C-92) Process
• Project Monitoring
• Good Faith Efforts
• Title VI/Nondiscrimination Program
• ADA/504 Program

Goal Setting

Goal Setting

• All DBE and EDGE projects are evaluated by the

ODOT Goal Setting Committee to determine the potential and appropriateness of a goal

• All federally funded projects will be evaluated for

goal regardless of size

• The $500,000 minimum is no longer in effect

New PN 013 Process

New PN 013 Process

• ODOT’s LPA Program is transitioning to a new

bidding (PN013) process for LPA projects

• There will be test projects for the new process in the

1st Quarter of 2017, Federal Fiscal Year, and the new process will be effective in the 2nd Quarter of 2017, October 1, 2016.

New PN 013 Process

At bid submittal:

• Prime Contractors are required to submit a DBE

Utilization Plan

• DBE Utilization Plan identifies the DBE firms the

Prime Contractor plans to use in order to achieve the DBE goal on the project

New PN 013 Process

Within five days of the Letting Date:

• Apparent Low Bidder is required to submit a DBE

Affirmation Form that memorializes the agreement between the Prime Contractor and the DBE Firm

New PN 013 Process

• If

they are unable to retain sufficient DBE participation at bid, the Apparent Low Bidder will be required to submit its Good Faith Efforts made before bidding along with the DBE Affirmations, if any, within the five day period

• If GFEs are accepted, the contract will be awarded
• If GFEs are not accepted, the bid will be rejected

New PN 013 Process

New PN 013 Process

New PN 013 Process

• Once received from the Prime Contractor, the

DBE Affirmation Forms are reviewed and approved by ODOT Central Office

• The DBE Affirmation Forms are considered a

commitment to ODOT by the Prime Contractor to use the DBE firms listed

• Once approved, ODOT will notify the Prime

Contractor and the respective LPA

• f

the approved DBE Plan for the project

New PN 013 Process

Once a Project DBE Plan is approved, the Prime Contractor and its approved subcontractor DBE firms are expected to follow the approved DBE Plan Any changes to a project’s DBE Plan must be approved in advance by ODOT’s Central Office

Subcontract and Sublet Process

Subcontract and Sublet Process

• After DBE Plan approval and before the start of

work on the project, the Prime Contractor is required to submit the sublets and the DBE subcontract agreements and/or purchase orders to their respective ODOT District Contractor Compliance Officer (CCO).

• The subcontract agreements and/or purchase
• rders for DBE Firms are to be reviewed by the

LPA before sending to ODOT’s CCO for approval. All subcontract and sublet documents must match the DBE Utilization Plan and Affirmations.

Project Monitoring

Project Monitoring

The LPA is still required to monitor the goal throughout the life of the project The LPA is still required to monitor DBE performance and ensure CUF by DBE contractors ODOT’s District Contract Compliance Officers will provide guidance and assistance when requested by the LPA

Good Faith Efforts

Good Faith Efforts

Good Faith Efforts Guidance can be found at the following link: http://www.dot.state.oh.us/Divisions/ODI/SDB E/Pages/Resources.aspx

Good Faith Efforts

• Goal Waivers are NO LONGER Permitted.
• If the DBE goal on a project is not met, the

Prime Contractor will be required to submit its GFEs utilizing the GFE Template also located on the Resources webpage

• Once

submitted, ODOT will send the documentation to the respective LPA for its review and recommendation

Good Faith Efforts

• ODOT’s Central Office will then make a final

determination as to whether GFEs were sufficient.

• If GFEs were not sufficient, then a written

reprimand or sanctions may be imposed depending on the circumstances.

Title VI/Nondiscrimination Program

Title VI/Nondiscrimination Program

LPA Title VI/Nondiscrimination Program Responsibilities:

• Develop a process/policy to ensure compliance with Title VI
• Designate a contact person for the Title VI Program
• Develop a procedure to process Title VI complaints
• Develop a public involvement process that ensures everyone can

participate in and benefit from publicly-funded projects, including minority, low-income and limited English proficient individuals/communities

• Ensure Title VI training is received by those administering publicly-

funded projects

ADA/504 Program

ADA/504 Program

ODOT Updates:

• Asset Inventory Project
• Updating ADA/504 Self-Evaluation and Transition Plan
• ODOT dedicated $2 million in its FY ‘17 budget for Facilities

Deficiency Correction

ADA/504 Program

LPA ADA/504 Program Responsibilities:

• Webinar Series with LTAP kick-off September 27, 2016 at 10am.
• Overview of LPA responsibilities under the ADA including:
• Deficiency correction of facilities accessible to the public
• Roadways
• Intersections
• Sidewalks
• Traffic control devices
• Reporting Requirements

Questions

Version 1.0 … Last updated 11/9/2016 2:29 PM