title vi goals &accomplishments report ffy · 2020. 1. 23. · ocr annual work plan and...

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Title VI Goals & Accomplishments Report FFY

October 1, 2015 – September 30, 2016

Oregon Department of Transportation

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Table of Contents

2015-2016 Annual Accomplishments

Part 1 --- Program Summary

Organization and Staffing

Monitoring & Review Process

Program Accomplishments

Information Sharing

Sub-recipient Title VI and AAR Reviews

Sub-recipient list (August 2016)

Goals for 2015-2016 Reporting Year

Part 2 ---- Appendices:

Authorities – Appendix E

Program Area Reports

Organization Chart

Complaint Process

Title VI Rights

Complaint Form

Assurances

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Introduction

The Oregon Department of Transportation (ODOT) is a recipient of Federal financial

assistance. All recipients are required to comply with various nondiscrimination laws

and regulations, including Title VI of the Civil Rights Act of 1964. Title VI of the Civil

Rights Act of 1964 forbids discrimination against anyone in the United States because

of race, color, or national origin by any agency that receives Federal funds.

Subsequently, related authorities have expanded Title VI protections to include gender,

age, and disability.

ODOT expects every manager, supervisor, employee, and sub-recipient of Federal-aid

funds administered by ODOT to be aware of and apply the intent of Title VI of the Civil

Rights Act of 1964 and related authorities in performing assigned duties.

The Federal Highway Administration (FHWA) requires recipients of Federal-aid highway

funds to prepare an update report to clarify accomplishments, roles, responsibilities and

procedures established to ensure compliance with Title VI of the Civil Rights Act of

1964; 23CFR 200.9(b) (10). The following report focuses on 2015-2016 compliance

performance within each special emphasis program area. It further provides an update

and status of the ODOT Title VI Program for the period.

Title VI Program Summary

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The Oregon Department of Transportation (ODOT) Title VI Program is led by the Title

VI/EJ/ADA Program Manager. The Title VI Program Manager reports to the ODOT

Office of Civil Rights (OCR) Manager with a direct report to the ODOT Director. This

organization structure is in compliance with 23 CFR 200.9 (b). See attached

organization chart.

Contact with the ODOT Title VI/EJ/ADA Program Manager can be made at:

Oregon Department of Transportation

Office of Civil Rights

355 Capitol St NE MS-31

Salem, OR 9730-3871

(503) 986-4350

[email protected]

The ODOT OCR is comprised of the Title VI/EJ/ADA program, Disadvantaged Business

Enterprise Program (DBE), the Emerging Small Business Program (ESB), and the

External EEO and Workforce Development Program, Transit and Contractor

Compliance. OCR is located within the ODOT Office of the Director. The Title

VI/EJ/ADA Program Manager is a full time position that works in pursuant to 23 CFR

200.9(b) (1) for the agency.

Civil Rights Manager: (Angela Ramos, OCR Manager)

Works collaboratively with federal and state authorities in communicating Title VI

program requirements.

Works closely with ODOT’s Title VI Program Manager to implement the

Department’s Title VI work plan

Advises Title VI Program Manager of Title VI related problems

Communicates with the Title VI Program staff regarding project development

where Title VI issues may arise.

Reviews Directives to disseminate to staff as appropriate.

Civil Rights Organization & Staffing

mailto:[email protected]

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Title VI/EJ/ADA Manager Program Manager: (Rebecca Williams)

Coordinate Title VI Program development and implementation with affected

program areas.

Provide Title VI technical assistance to program areas, Metropolitan Planning

Organizations (MPO), Local Public Agencies (LPA’s), subrecipients of Federal

funds through ODOT, Section Coordinators and program area managers.

Work with program area subject matter experts (SMEs) to conduct Title VI

compliance reviews of program area activities, receive expert program guidance

and gather statistical data.

Conduct Title VI compliance reviews of sub-recipients such as MPOs, LPA’s,

Universities and contractors.

Review ODOT program areas to correct identified Title VI problems, including

discriminatory practices or policies.

Conduct Title VI training for section coordinators and program area staff.

Reporting

o Annual Accomplishment Report

o Annual Title VI Program Plan updates

Title VI complaint investigation and resolution

Collecting statistical data

Policy directives include Title VI requirements

o Establish procedures to Administer corrective action plan resolving

deficiency status

Develop Title VI information for communication to the public and provide in

languages other than English.

Review ODOT program manuals, contracts, and policy documents to determine

whether Title VI is appropriately addressed.

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Civil Rights Programs Coordinator:

Assists the Title VI/EJ/ADA Manager and the Intermodal Manager with

implementation of nondiscrimination programs within Civil Rights.

Provides training support and outreach to ODOT staff and ODOT Stakeholder

Groups.

Assists with data coordination and analysis, tracking of concerns and requests

from Stakeholder groups.

Principal contact for ADA Transition Plan outreach and support to Title

VI/EJ/ADA Manager.

Civil Rights Field Coordinators: (Regions 1-5)

Serve as the liaison between the Office of Civil Rights and regional Planning and

development, Construction, and Maintenance and Operations staff.

Integrate OCR programs into the project delivery process.

Provide technical advice, monitors compliance and provides OCR program

assistance and support.

Monitors OCR program delivery to local agency programs that receive funding

through DOT.

Provide assistance and guidance to regional programs pertaining to planning,

monitoring, and training, evaluation, reporting of DBE, ESB, EEO, Title VI, and

Workforce development.

Assists with gathering information on investigations and complaints as

appropriate.

Presents Title VI, EJ, ADA and LEP information as appropriate as part of training

and outreach.

Program Area Subject Matter Expert Team (SMEs) Identified Role:

Participate in conducting Title VI Compliance reviews in special program areas.

Determine the focus area to be reviewed and explain how the focus area is

identified.

Revise where necessary, policies and procedures with assistance of Title

VI/EJ/ADA Program Manager and Special Program Area Manager to include

Title VI requirements.

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Collaborate with program areas officials to develop program area summaries for

OCR Annual Work Plan and Accomplishment Report submission to FHWA.

Identified SME’s will be involved in Conducting research, data collection and

analysis

Work with Title VI/EJ/ADA Program Manager to summarize major findings

(trends, patterns, and metrics) that drive public involvement decisions and

determine whether programs have disproportionately high and adverse effects on

minority populations and low-income populations.

Identified SME’s will work with Title VI/EJ/ADA Program Manager to conduct staff

training on Title VI and related statutes for compliance purposes and to ensure

an understanding of the relationship between the program goals and civil rights

responsibilities.

In preparation for the 2015-2016 Annual Accomplishment Report each federally

identified special program area received a survey to complete which identifies areas for

the program’s Title VI compliance and performance. Identified special program areas

include; Planning, Environmental, Project Development (Design), and Right of Way,

Construction, Research, Maintenance, Safety and Education. The Title VI Coordinator

reviewed each submitted questionnaire for Title VI compliance (See program area

reports in Appendices).

Each program area is charged with developing tools and procedures for their respective

discipline. The Title VI/EJ/ADA Program Manager continues to build on the work that

has taken place in the Office of Civil Rights to educate and collaborate with program

area staff and SME’s to bring the law and intent of Title VI to the forefront in every day

practices within special programs.

The OCR is required to conduct a Title VI review all programs within ODOT to ensure

that Title VI of the Civil Rights Act is followed within the agency. The “Special Emphasis

Programs” at ODOT are required to submit a survey questionnaire to assess whether or

not the Act is in fact part of everyday processes of Public Involvement, Data Collection,

Research, Education, Training in the Disadvantaged Business Enterprise (DBE)

Program, Safety, Right of Way, Construction, Contracting, Design, Planning and

Environmental programs. Beyond the questionnaire the OCR staff meets with the

Title VI Monitoring and Review Process

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program staff to discuss needs for training, guidance and best practices for outreach

and data analysis.

Currently OCR is utilizing a desk audit method of review for internal ODOT programs. In

FFY 2017 the Title VI/EJ/ADA Manager will be receiving training in conducting formal

internal Title VI reviews and plans to formally review three programs within the 2016-

2017 funding cycle.

The OCR is required to conduct external sub recipient reviews for Title VI compliance.

During the reporting period, a formal comprehensive review was conducted of two Local

Public Agencies (LPA’s), the counties of Linn and Clackamas. The review of the sub-

recipient is initiated in a four-step process; Initiation Letter, Survey Questionnaire,

Scorecard, and Final Report. During the review process MPO’s, LPA’s, and other

identified subrecipients are evaluated to ensure that they are following Title VI of the

Civil Rights Act of 1964, (42 USC 2000d to 2000-4), The Civil Rights Restoration

Act of 1987, (Pub. L. No. 100-259), 23 CFR 200 and 49 CFR 21, Federal-Aid

Highway Act of 1973, (23 USC 324), Executive Order 13166 and other related Acts

and Orders related to Title VI. Elements of the review include scope and methodology,

organization and staffing, plans and documents, data analysis, policies and procedures,

complaint process, training, public outreach and environmental justice. The review

always includes a section on ADA Title II Transition Plans. While the reviews are Title VI

in nature, the OCR feels that it is important to include ADA laws and requirements. The

OCR will assist with any available resources in ensuring that the subrecipient is

compliant with ADA Title II Transition Plans. However, a current Plan is not required to

be in compliance with the Title VI Review. A summary review of the counties of Linn

and Clackamas are provided in this report.

There may be areas of compliance indicated in Title VI Reviews where the documentation submitted from OCR to the sub recipient is written as “Meets All Expectations” where the comments state that an update or more work is needed. This may appear contradictory, however due to guidance from the Federal Highway Administration, the Local Agency Guidelines (LAG) Manual will be updated in late 2016 to require all ODOT subrecipients that receive Federal Funds to complete a Title VI Plan for ODOTs approval. The Title VI Plans will be due to ODOT tri-annually, including an LEP Plan. It will no longer be compliant to sign off on ODOTs assurances or use ODOTs OCR Title VI Plan verbatim. The Annual Accomplishments Report (AAR) will now be required to be submitted to ODOTs OCR on a yearly basis. It will no longer be compliant to keep an AAR on file without submitting it for acknowledgement by ODOT. In fairness to ODOTs subrecipients, until the LAG Manual is updated, those following the older version of the LAG Manual and meeting the stated requirements within it, will be found compliant. A training template to assist MPO’s, LPA’s and other subrecipients with this process has been submitted to FHWA for review. Once the template is approved, OCR has plans to inform all subrecipients to the change in policy.

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It should be noted that a review of the City of Corvallis was begun. However, due to an emergency with the City of Corvallis Title VI Coordinator, the review has been postponed until November 2016.

Linn County Road Department (LRCD) Review Date: August 30, 2016

The following documents and policies were reviewed and discussed:

LRCD County website

Survey Response Questions document

Training information

Title VI Complaint Process documents

ADA Complaint Process documents

Language Access Policy

Title VI Plan

Contract documents

Project documents

DBE information

Project outreach documents

LCRD Special Provisions for Highway Construction document

Recommendations:

Continue to work towards an ADA Title II Transition Plan,

Begin the process of updating the Title VI Plan to meet future LAG Manual

requirements once approved by FHWA, with all required elements as well as a

yearly AAR and,

Make changes to the website to include the complaint process, complaint form,

and ensure accessibility on the counties website.

Conclusion:

The LCRD meets basic requirements of the review for Title VI Compliance, yet, there is work to

be done to bring the LCRD up to the proposed standards of compliance with future changes to

the LAG Manual. There are few projects that come out of the county that will draw on the Title

VI and ADA regulations of compliance. However, the Title VI and ADA laws must be followed to

ensure that Federal funding to LCRD continues and the spirit and intent of these laws are met.

Therefore, The LCRD will need to update its Title VI Implementation Plan along with an LEP

Plan as outlined by policy. A Yearly Annual Accomplishment’s Report will need to be submitted.

The ADA Title II Transition Plan is not a requirement of Title VI review but an important piece of

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being compliant with current laws. ODOT encourages its subrecipients to be in compliance with

all nondiscrimination laws; keeping this in mind, the Title VI Coordinator for ODOT’s OCR will

always ask to see the agencies ADA Title II Transition Plan. The OCR will of course assist with

any available resources that LCRD may need in working towards these goals.

The review guidelines stipulate that subrecipients have 90 days to come in to compliance with

Federal and State regulations when found to be in noncompliance. The OCR finds the LCRD is

compliant at this time with Title VI. However, new procedures will be taking place in 2016 and

2017 where subrecipients will need to show that the agency has their own Title VI and LEP Plan

as well as reporting annually to the OCR through the AAR process.

Linn County “Meets All Expectations” in the following categories: Program Management, Public

Involvement, Data Collection, Complaint Procedure, Training, Publications and Guidance.

Linn County “Needs Improvement” in the following category: Transportation, Decision Making

and Planning.

Specifically: Linn County Roads Department will need to begin work on their Title VI

Implementation Plan with LEP Plan and Yearly AAR Reports submitted to OCR and, continued

work towards a compliant ADA Title II Transition Plan.

Currently, Linn County Roads Department is in compliance with Title VI regulations.

Clackamas County Review Date August 29, 2016:

The following documents and policies were reviewed and discussed:

Clackamas County website

Survey Response Questions document

Title VI complaint process

Training strategy

ADA Complaint Process

Title II ADA Transition Plan

Language Access Policy

Public Outreach

Data Analysis

Translation resources

Recommendations:

Continue to work towards compliance with an ADA Title II Transition Plan,

Begin the work of updating the county Title VI Plan and LEP Plan to meet future LAG Manual standards, once approved by FHWA and,

Make corrections to the Complaint Process and ensure accessibility on the county website.

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Conclusion: Clackamas County DTD has done some solid work on increasing Public Involvement

and in identifying LEP, Title VI and EJ populations within their jurisdiction. The outreach

that has taken place at Oregon Food Bank in order to reach low income and LEP

populations is very creative and shows the genuine desire to reach those who would not

otherwise be included in the transportation decision making process. The additional

resource to staff of telephonic interpretation services will help to ensure that LEP

individuals are included in the transportation projects within the city. Additionally, the

work that has been accomplished towards equity, diversity and inclusion and the

movement to build that framework is a valuable resource to employees and county

stakeholders.

As recommended, the county should look at continuing to move forward with their work

towards a compliant ADA Title II Transition Plan. The updated Title VI Plan and

complaint process will be priorities for completion and submission to OCR, as well

continuing yearly Annual Accomplishment Reports (AAR). The counties complaint

process will need to be updated to include the verbiage that is included in ODOT’s

complaint process, identifying the step of forwarding all complaints to ODOT who in

turn forwards them to FHWA for final outcome. The exact language is included in the

Title VI Plan and the complaint process on OCRs website.

Clackamas County “Exceeds All Expectations” in the following categories: Program

Management and, Public Involvement.

Clackamas County “Meets All Expectations” in the following categories: Transportation,

Decision Making and Planning, Data Collection, Complaint Procedures, Training,

Accomplishments, & Publications and Guidance.

Specifically: Clackamas County DTD needs to begin updating its Title VI Implementation Plan

with LEP Plan and Yearly AAR Reports submitted to OCR to meet future LAG Manual

requirements once approved by FHW A and, continued work towards a compliant ADA Title II

Transition Plan.

Currently, Clackamas County DTD is in compliance with Title VI regulations.

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Training

Nondiscrimination Programs Training, Outreach and Education

In the 2015 – 2016 reporting year the ODOT SME’s and OCR staff provided and

participated in the following trainings, meetings and workshops related to the Non-

Discrimination Programs within ODOT:

January

Title VI/EJ Presentation to ODOT staff

Governors Environmental Justice Task Force Meeting

February

Transportation Disadvantaged in Oregon

March

FHWA Virtual Symposium Webinar

Plain Language

DMV – Review Complaint Process

Teleconference Training with FDOT

April

Clackamas County review of Title VI & ADA Requirements

Nevada Department of Transportation review of Title VI & ADA Requirements

May

ADA Training for Facilities and DMV

Environmental Justice Road Map webinar


June


Improving Deliver of Local Transportation Projects

EJ Screen webinar

Accomplishments

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July

DMV Management Team presentation

DBE Conference Bringing the Gap between Regulatory Compliance and Meaningful

Implementation

August

Reporting Mechanisms for Title VI/EJ

AskODOT staff meeting presentation

ODOT Presentation for Portland based staff on Nondiscrimination Programs

September

Title VI Work Group Title VI & Nondiscrimination presentation

ODOT Diversity Conference


October

ODOT Fall Forum

Oregon Public Transportation Conference

City of Forest Grove Title VI Training conference call

ODOT/OCR Training Planned for 2017

The OCR is working with Florida Department of Transportation (FDOT) on implementing

“best practices” for Title VI Program Management. The types of training that FDOT is

willing to provide are as follows:

Peer to Peer tracking and data

Complaint investigation

Internal and external Title VI program reviews

ODOT staff and subrecipients training on Title VI “best practices” and Title VI

Plans

ODOT Environmental Program is working with FHWA to bring Environmental Justice

training to the Environmental Program staff and other interested parties. The topics for

training are as follows:

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Availability of EJ Resources/Tools

Defining/explaining fundamental principles of EJ

Identifying impacts/impact analysis

Level of effort/documentation

Public Involvement

Case Studies

The OCR Title VI/EJ/ADA Manager is planning to work with Local Agencies, MPO’s and

other subrecipients to provide training on completing Title VI Plans and Annual

Accomplishments Reports. A Title VI Template and other resources will be available on

OCR’s website for subrecipients to review as a guideline. (See: Title VI Plans.)

Information Sharing:

OCR Field Coordinators

ODOT OCR PROGRAMS TRAINING (OUTREACH)

ODOT OCR Field Coordinators delivered training to ODOT Project Manager Staff, Local Agency staff as well as Contractors (Primes and Subcontractors) in various locations around the state. Topics covered included OCR Vision, mission and objectives; DBE and ESB programs, Title VI Compliance; Equal Employment Opportunity, and OJT/Apprenticeship Programs.

ODOT DBE DISPARITY STUDY PUBLIC MEETINGS (OUTREACH)

ODOT OCR staff participated in public meetings in all five (5) ODOT Regions in 2016 to provide internal and external stakeholders with information about the ODOT Disadvantaged Business Enterprise Disparity Study.

CONNECT 2 OREGON (OUTREACH)

ODOT OCR partnered with State, Federal and regional government entities along with private sector firms and non-profit organizations, to help Oregon small businesses achieve greater contracting success at the Connect 2 Oregon 2016 event, which was held in multiple locations around the state. The day’s events featured industry focused training, and a reverse vendor exhibitor fair, where small business owners had the opportunity to meet face-to-face with organizations who could utilize their products or services.

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OREGON YOUTH CHALLENGE CAREER FAIR (OUTREACH)

The Oregon National Guard Youth Challenge Program (OYCP) is an alternative, residential high school which has a graduating class every 6 months. ODOT OCR regularly participates at their twice yearly Career Fairs to share and explain apprenticeship opportunities to the cadets.

GRANTS PASS HIGH SCHOOL CAREER DAY (OUTREACH)

ODOT OCR participated as an exhibitor at the October 14, 2015 Grants Pass High School Career Day which drew up to 1,700 students and staff.

UMPQUA COMMUNITY COLLEGE CAREER AFTER COLLEGE (OUTREACH)

ODOT OCR participated as an exhibitor at the Career After College event held November 4, 2015 at the Umpqua Community College campus in Roseburg, which served over 300 students and alumni.

GOVERNMENT CONTRACT ASSISTANCE PROGRAM (OUTREACH)

ODOT OCR partnered with GCAP for a “Meet the Buyers” event on November 4, 2015 in Redmond, and again on June 23, 2016 for “Contracting Basics” training in Klamath Falls.

HIDDEN VALLEY SCHOOL (OUTREACH)

ODOT OCR spent a day at the Hidden Valley School in Grants Pass on December 9, 2015 sharing apprenticeship information with each Career class, reaching 175 high school students.

ASHLAND HIGH SCHOOL CAREER DAY (OUTREACH)

ODOT OCR participated as an exhibitor at the February 24, 2016 Ashland High School Career Day, which served over 1,100 high school students. ANNUAL ODOT/CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION TERO MEETING (OUTREACH) Annual meeting between ODOT OCR and the Confederated Tribes of the Umatilla Indian Reservation to discuss federally funded projects that will be subject to TERO, workforce, apprenticeship and training, held in Mission, Oregon on March 1, 2016.

JOSEPHINE COUNTY MIDDLE SCHOOL CAREER FAIR (OUTREACH)

ODOT OCR participated in this first annual event in Grants Pass on March 8, 2016 by sharing apprenticeship/internship and business opportunity information with over 600 middle school students.

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CAREERS IN GEAR (OUTREACH)

ODOT OCR participated at this March 10, 2016 event at the Medford High School with over 900 students by sharing apprenticeship information.

DOUGLAS COUNTY CAREER EXPO (OUTREACH)

ODOT OCR participated as an exhibitor at the March 16, 2016 event held at the Douglas County Fairgrounds in Roseburg. The morning session was attended by 7th through 12th grade students, and the afternoon was open to the job seeking public.

CONFEDERATED TRIBES OF WARM SPRINGS CAREER FAIR (OUTREACH)

ODOT OCR provided pre-apprenticeship and apprenticeship outreach at this April 1, 2016 event which served 200 community members.

LINN BENTON COMMUNITY COLLEGE CAREER FAIR (OUTREACH)

ODOT OCR participated as an exhibitor the Linn-Benton Community College Career Fair on April 20, 2016 in Albany. Information was shared on Disadvantaged Business Enterprises, small contracting and apprenticeship.

GOLD BEACH HIGH SCHOOL CAREER/COLLEGE FAIR (OUTREACH)

ODOT OCR provided pre-apprenticeship and apprenticeship opportunities to 7th through 12th grade students from multiple schools at this event held at the Gold Beach High School on April 20, 2016.

CONSTRUCTION CAREER DAYS – SALEM, OREGON (OUTREACH)

ODOT OCR participated in the Salem, Oregon Regional Construction Career Days (CCD) Event on May 10, 2016. This event drew 421 students from schools located within 100 miles of the event. 100% of the students participated in hands-on activities related to the construction and heavy highway construction trades.

2016 Construction Career Days by the numbers:

33% Minority representation

26% Female representation

19 School Districts

24 Schools represented

18 Pieces of Heavy Equipment

55 Exhibitors

WOMEN IN TRADES CAREER FAIR (OUTREACH)

ODOT partnered and participated for the 23rd year as an exhibitor at the 2016 Women in Trades Career Fair in Portland on May 14, 2016. The fair incorporates a

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Construction Career Day component by focusing on a highway construction theme. This fair is a highly visible event designed to encourage young girls and women to consider careers in the construction trades.

2016 Women in Trades Career Fair by the numbers:

812 Women and their families attended the fair

27 School groups attended

27 People toured the Fair as VIP’s

90 Volunteers contributed 377 hours

37 Hands-on workshops

72 Exhibitors

LEGISLATIVE COMMISSION ON INDIAN SERVICES SPRING GATHERING AND TRAINING (OUTREACH)

The Legislative Commission on Indian Services (LCIS) was created by statute in 1975 to improve services to Indians in Oregon. ODOT OCR participated at the 2016 Spring Gathering and Training Event held on May 19, 2016 in Florence.

ODOT-CONFEDERATED TRIBES OF WARM SPRINGS MEETINGS (OUTREACH)

ODOT OCR and Region 4 staff met with representatives from the Confederated Tribes of Warm Springs on May 31, 2016 and August 17, 2016 to discuss potential solutions for tribal member employment.

EXLPORING THE TRADES CAMP (OUTREACH)

ODOT OCR gave a presentation on apprenticeship the Exploring the Trades Camp sponsored by the Phoenix Charter School, on July 20, 2016 in Roseburg.

MINORITY ENTERPRISE DEVELOPMENT (MED) WEEK (OUTREACH)

Each year, ODOT sponsors the MED Week Workshops and awards luncheon for the Portland Metropolitan region. ODOT OCR attended MED Week, September 13, 14, and 16, 2016, along with advocacy groups, government partners and the local business community to celebrate local minority businesses and the contributions they make to the local economy.

Small Business & DBE Programs Manager’s Outreach and Training:

ODOT Civil Rights Virtual Symposium

NW Regional Certification Drive

TSCM Public Works Class presentations

Philippine Chamber of Commerce Networking Night

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BestHQ B2B event

ACEC ODOT Conference – Mapping Oregon’s Future

OAME MWESB Summit

OAME's 28th Annual Entrepreneurship Trade Show & Luncheon

C2O Roadshow – multiple cities and dates

Sweet Home Business Summit

The Blue Book GC showcase

WorkForce and Business Equity Review

A&E Determination Process Improvement

Burnside Rehab Project

RDI Met and Greet Event

OAME Youth Entrepreneur event

Public Improvement Contracts Leadership team

NAMC General Meeting

MED Week – Annual networking event and awards banquet

Diversity Forum

Heritage month breakfast

A&E Contracting Improvements Close Out and Celebration

Metro Area Title VI Workgroup: Title VI Program staff took part in ongoing meetings

with the Portland Metro Area Title VI Workgroup. This workgroup includes Civil Rights

Staff from:

City of Gresham

Portland Metro

Multnomah County

City of Portland

City of Salem

TriMet

Clackamas County

Washington County

Cherriots

Lane Transit District

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Presentations are rotated between Title VI staff and outside guests in order to share

“best practices” and support each other in the important work that is being done at each

MPO and LPA. The work-group networks, identifies needs, shares tools and technical

information to better implement their respective Title VI plans and other non-

discrimination components of their programs.

Governor’s Environmental Justice Task Force: Title VI staff serves as ODOT

agency representatives to the Environmental Justice Task Force (EJTF). The team

reports annually to the EJTF, to ensure that all persons affected by decisions of state

agencies have a voice in the decision making process.

A focus of the Task Force during this reporting period included state appointed Task

Force representatives to bring the message of EJ to the forefront of the Human

Resources Departments within each agency. The goals established aimed at staff

working with their Human Resources and Agency Managers and Supervisors to identify

“key” personnel that due to the nature of their work, require in the very least, basic

knowledge of EJ. The work will require positions identified to have EJ elements within

their position descriptions and evaluations. Management in “key areas” will be required

to include EJ training for their staff.

The Title VI Coordinator at ODOT has identified the OCR as the first “key area” to have

required EJ elements within job descriptions and evaluations. Training on EJ has been

provided to OCR staff as a beginning step and at least (1) position has been reviewed

and updated to include EJ language. An automated training through ilearn is in the

exploratory stage. Future training goals will include required civil rights training for

ODOT staff through the state’s training system.

The OCR staff has begun to meet with Transportation Project Leaders and ODOT

Communications Staff to begin a project designed to bring Public Participation to the

forefront in the minds of staff who work with Title VI and EJ communities. Specifically,

the work group will ensure that there is a centralized and consistent tool on ODOT’s

website where staff that need Public Outreach tools, will have access to consistent

documents and resources. This will enable the OCR office to have the most current and

accurate information for the Annual Accomplishments Report and for Title VI Program

Reviews.

Title VI Plans:

Title VI plans are being developed at the MPO and local government agency level.

ODOT’s Title VI Program is providing on-going support and guidance to these

organizations as they develop and finalize their plans. Once Title VI Plans are

reviewed, approval letters are sent to the agency concurring with the plans. When the

need arises to request updates or changes to the Title VI Plans, a plan of assistance

with a deadline for submission is given in writing to the MPO or LPA. Annual

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Accomplishment Reports (AAR) is reviewed for updates, possible complaint reporting

and to ensure that all elements of an AAR area addressed.

The OCR expects to have training in early fall of 2016 on the new requirements from

ODOT that all subrecipients of Federal funds will need to have a current Title VI Plan

and submit an Annual Accomplishments Report to ODOTs OCR yearly. A template

example and other resources will be available on the OCR website upon FHWA

approval of the template.

Title VI Plans and Annual Accomplishments Reports Reviewed:

Clackamas County Title VI Plan

Linn County Title VI Plan

City of Corvallis Title VI Plan

AAMPO Title VI Plan and Annual Accomplishments Report

City of Gresham Title VI Plan

Lane County Public Works Title VI Plan

MRMPO Annual Accomplishments Report

RVMPO Annual Accomplishments Report

METRO Annual Accomplishments Report

Marion County Annual Accomplishments Report

ODOT Subrecipients:

Oregon Department of Transportation FHWA - CFDA 20.205 - Federal Distribution to Subrecipients

Fiscal Year 2016

CFDA SUBRECIPIENT

FEDERAL SHARE

20.205 BEND METROPOLITAN PLANNING ORG.

151,363.27

20.205 BICYCLE TRANSPORTATION ALLIANCE

44,080.46

20.205 CITY OF ASHLAND

30,140.30

20.205 CITY OF CORVALLIS

871,845.32

20.205 CITY OF EUGENE

836,957.95

20.205 CITY OF GRESHAM

1,603,787.16

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20.205 CITY OF HILLSBORO

2,446.87

20.205 CITY OF LAKE OSWEGO

107,489.74

20.205 CITY OF MEDFORD

697,056.63

20.205 CITY OF MILWAUKIE

42,902.60

20.205 CITY OF NEWBERG

903.20

20.205 CITY OF NORTH PLAINS

565.40

20.205 CITY OF PORTLAND

2,141,763.00

20.205 CITY OF SALEM

3,612,784.78

20.205 CITY OF TIGARD

14,137.86

20.205 CLACKAMAS COUNTY

615,924.47

20.205 CLATSOP COUNTY

1,541.86

20.205 COMMUNITY CONNECTION OF NE OR

19,758.00

20.205 COMMUTE OPTIONS FOR CENTRAL OREGON

338,326.33

20.205 CORVALLIS SCHOOL DISTRICT 509J

65,757.14

20.205 COWLITZ-WAHKIAKUM COUNCIL

1,420.19

20.205 DESCHUTES COUNTY

693.74

20.205 JACKSON COUNTY 89.04

20.205 JEFFERSON COUNTY

9,605.47

20.205 JOSEPHINE COUNTY

15,856.19

20.205 LANE COUNCIL OF GOVERNMENTS

722,618.47

20.205 LANE COUNTY

445,144.72

20.205 LANE TRANSIT DISTRICT

172,198.06

20.205 LINN COUNTY

1,768,416.70

20.205 MARION COUNTY

3,252,570.92

20.205 METRO

4,608,322.30

20.205 MID-COLUMBIA ECONOMIC DEVELOPMENT

13,188.00

20.205 MID-WILLAMETTE VALLEY COUNCIL

735,430.39

20.205 MULTNOMAH COUNTY

207,661.63

20.205 OAKLAND SCHOOL DISTRICT 1

- 22 -

14,469.43

20.205 OREGON CASCADES WEST COUNCIL

404,339.10

20.205 OREGON STATE UNIVERSITY

234,319.48

20.205 ROGUE VALLEY COUNCIL OF GOVERNMENTS

543,606.96

20.205 ROGUE VALLEY TRANSPORTATION DISTRICT

151,829.65

20.205 SALEM AREA MASS TRANSIT DISTRICT

322,704.00

20.205 SOUTHERN OREGON UNIVERSITY

65,995.33

20.205 SUNSET EMPIRE TRANSPORTATION DISTRICT

87,691.00

20.205 TILLAMOOK COUNTY

18,436.00

20.205 UNION COUNTY

17,894.00

20.205 UNIVERSITY OF OREGON

40,833.86

20.205 UNIVERSITY OF PORTLAND

172,039.21

20.205 WALLA WALLA VALLEY METROPOLITAN

19,538.32

20.205 WASHINGTON COUNTY

165,698.69

20.205 YAMHILL COUNTY

20,061.35

25,432,204.54

- 23 -

Goals for the 2015-2016 Accomplishments Cycle

Continue to work towards implementing EJ practices in to the Human Resources

and training components within ODOT.

Continue to collaborate with Planning (TDD) to develop consistent methodology

for data analysis and Title VI Plans within the ODOT Regions, MPO’s and LPA’s

(including mapping).

Establish protocol for Public Participation in relation to Title VI, LEP, EJ and ADA

so that there is consistency and a “best practices” for ODOT staff to follow.

Review (1) MPO and (2) LPA’s within the next cycle.

Continue to enhance the “best practices” area on the OCR Non-Discriminations

Programs website for MPO’s and LPA’s and other subrecipients to utilize when

working on Title VI and ADA Plans.

Continue outreach and training for program staff and sub-recipients to assist with

a better understanding of the Title VI and ADA complaint processes.

Begin the process for formal reviews of the “Special Program Areas” within

ODOT with the assistance of management and supervisors to ensure

cooperation and understanding of requirements. Work with SME’s and Field

Coordinators to conduct reviews.

Continue to work with Field Coordinators to establish meeting dates and training

that they can attend and conduct, keeping them informed of current concern and

complaint processes for Title VI and ADA.

Continue the work at ODOT towards a seamless complaint protocol that includes

all Non-Discrimination components both internal and external in nature.

Refine the Title VI Plan Example Template.

- 24 -

Appendices:

Authorities: Appendix E

Title VI of the Civil Rights Act of 1964, (42 USC 2000d to 2000-4): Title VI of

the 1964 Civil Rights Act provides that no person in the United States shall, on

the grounds of race, color, or national origin (including Limited English

Proficiency), be excluded from participation in, be denied the benefits of, or be

otherwise subjected to discrimination under any program or activity receiving

Federal financial assistance.

The Civil Rights Restoration Act of 1987, (Pub. L. No. 100-259): The Civil

Rights Restoration Act of 1987 broadens the scope of Title VI by expanding the

definitions of terms “programs or activities” to include all programs or activities of

Federal- Aid recipients, sub-recipients, and contractors.

23 CFR 200 and 49 CFR 21: 23 CFR 200 and 49 CFR 21 are USDOT and FHWA

issued administrative regulations from USDOT and FHWA that specify requirements for

state DOTs to implement Title VI policies and procedures at the state and local levels.

Federal-Aid Highway Act of 1973, (23 USC 324): The Federal-aid Highway Act of

1973 provides that no person on the basis of sex, be excluded from participation in, be

denied the benefits of, or be subjected to discrimination under any program or activity

receiving Federal assistance.

Age Discrimination Act of 1975, (42 USC 6101): The Age Discrimination Act of 1975

provides that no person in the United States shall, on the basis age, be excluded from

participation in, be denied the benefits of, or be subjected to discrimination under any

program or activity receiving Federal assistance.

Americans with Disabilities Act of 1990, (Pub. L. No. 101-336): The Americans with

Disabilities Act of 1990 provides that no qualified individual with a disability shall, by

reason of such disability, be excluded from the participation in, be denied the benefits

of, or be subjected to discrimination by a department, agency, special purpose district,

or other instrumentality of a state or a local government.

Section 504 of the Rehabilitation Act of 1973: Section 504 of the Rehabilitation Act of

1973 provides that no qualified handicapped person, shall, solely by reason of his/her

handicap, be excluded from participation in, be denied the benefits of, or be subjected

to discrimination under any program or activity receiving Federal assistance.

Executive Order 12898: Executive Order 12898 establishes Federal requirements to

address Environmental Justice in minority populations and low income populations.

Executive Order 13166: Executive Order 13166 establishes requirements to

improvement access to services for persons with limited English proficiency (LEP).

- 25 -

SME Implementation:

In order to foster collaboration within ODOT’s program areas, the Title

VI team works with an interdisciplinary group of subject matter experts

(SMEs). For each program area, the SME works in concert with the

Title VI Coordinator to implement the program throughout the Agency.

These program area experts help to compile data for the Annual

Accomplishments Report, invite the Title VI team to relevant

management meetings and identify training needs. The SME’s also

collaborate with Field Coordinators to present civil rights information at

LPA meetings, Planning Program meetings and other gatherings where

establishing an understanding of the civil rights programs, and how

they affect transportation programs is beneficial to the group.

- 26 -

Planning (23 CFR Part 450)

Program Area Reports

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Project Selection and Design (23 United State Code 109 (h) & 23 CFR Part 625)

Provided below are the certifications associated with the full population of

Federally Funded Architectural & Engineering Consultant Contracts which were

entered into in Federal Fiscal Year 2016 (October 1, 2015 through September 30,

2016); and the certifications associated with the subpopulation of only those

having design related services included.

1. Were any consultant contracts awarded during the last year and what efforts were made to utilize women and minority owned firms? How many consulting firms have design contracts? How many are currently held by minority firms and women owned firms? In the requested reporting period of 2016 (Oct 1, 2015 through Sept 30, 2016), ODOT had the following contract awards for consultant services procured through its normal solicitation process:

Firm Name Number of Contracts Certifications

RICK WILLIAMS CONSULTING 1 CORNELIEUS CONSULTANTS INC 1 TRAIL BLAZERS FOUNDATION 1 MARIANNE ZARKIN 1 WALKER DILORETO YOUNIE INC PC 1 CASCADIA ASSOCIATES LLC 1 ESB

RICHARD MARK FENTON 1 SCJ ALLIANCE 1 ROP CONSULTING INC 1 ESB

BLUESTREAM PROFESSIONAL SERVICES LLC 1 KEVIN L CREW 1 WILLIAM E ADAMS MAI 2 DONNERBERG ENTERPRISES LLC 1 ANNE E PULIS 5 CARDNO INC 1 KELLER ASSOCIATES INC 1 CAPRI ARCHITECTURE LLC 1 ESB

JARVIS APPRAISAL COMPANY 1 WBE

BERGERABAM INC 1 LEAHY & CO LLC 1 ESB

OREGON TRANSPORTATION PROFESSIONALS 2

- 47 -

BECON LLC 1 ESB

SANDOW ENGINEERING LLC 2 DBE; ESB; WBE

MAY & ASSOCIATES INC 2 ABN ENGINEERING LLC 8 DBE; MBE

PRECISION APPROACH ENGINEERING 2 CENTURY WEST ENGINEERING CORP 4 SLR INTERNATIONAL CORP 1 STEVEN M N PLOWMAN 1 ESB

COGITO LLC 1 DBE; ESB; WBE

WILLIAM P OTT 1 CLAIRE CAMERON PATTERSON 2 MOORE IACOFANO GOLTSMAN INC 3 APPLIED GEOTECHNICAL ENGINEERING & GEOLO 1 ESB

NELSON NYGAARD CONSULTING ASSOCIATES 1 WILSON SURVEYING INC 1 DKS ASSOCIATES INC 12 ESA 1 T Y LIN INTERNATIONAL 2 ANGELO PLANNING GROUP INC 4 DBE; WBE

CRANDALL ARAMBULA PC 1 CHUCK LEWIS APPRAISALS INC 1 HARPER HOUF PETERSON RIGHELLIS 4 I E ENGINEERING INC 1 SYSTEMS WEST ENGINEERS INC 1 KITTELSON & ASSOCIATES 9 DAY APPRAISAL COMPANY INC 2 ESB

PBS ENGINEERING & ENVIRONMENTAL 1 KENNA D GILLESPIE MAI 1 RICHARD P HERMAN 2 OTAK ENGINEERING INC 5 SERA ARCHITECTS INC 1 DAVID EVANS & ASSOCIATES INC 13 ANDERSON PERRY & ASSOCIATES INC 1 WESTECH ENGINEERING INC 1 OBEC CONSULTING ENGINEERS 9 GEODESIGN INC 1 AMEC FOSTER WHEELER ENVIRONMENT & 1 ENVIROISSUES 1 DBE; WBE

PARAMETRIX INC 3 KPFF CONSULTING ENGINEERS 2 SHANNON & WILSON INC 2

- 48 -

MACKENZIE ENGINEERING INC 2 MASON BRUCE & GIRARD INC 3 DUNCAN & BROWN LLC 2 ENGINEERED MONITORING SOLUTIONS 3 ROGERS ENGINEERING INC 2 ESB

MURRAY SMITH & ASSOC 2 ALTA TRANSPORTATION CONSULTING INC 1 QUINCY ENGINEERING INC 7 BRAINERD APPRAISALS INC 1

COGAN OWENS COGAN 2 DBE; ESB; WBE

BURGESS & NIPLE LIMITED 1 PARSONS BRINCKERHOFF INC 4 GEOSYNTEC CONSULTANTS 1 CH2M HILL INC 6 WILLIAM E ADAMS 1 SIEGEL PLANNING SERVICES LLC 1 LILLY REAL ESTATE INC 1 JOHN R WOODEN MAI 2 ARVIDSON & ASSOCIATES INC 1 BRANCH ENGINEERING INC 1 HDR ENGINEERING INC 7 WISS-JANNEY ELSNER ASSOCIATES 4 GEODETIC ANALYSIS LLC 1 WHPACIFIC INC 7 STJ INC 3 ESB

CAMBRIDGE SYSTEMATICS INC 2 TRANSCORE HOLDINGS INC 1 CONNELL PC ASSOCIATES INC 1 HUNTER-DAVISSON INC 1

Number of Firms with Design Contracts 91 Total Number of Contracts 211 Number of Women Owned Firms with Design Contracts 6 Total Contracts Awarded to Women Owned Firms 11 Number of Minority Owned Firms with Design Contracts 1 Total Contracts Awarded to Minority Owned Firms 8

- 49 -

2. What efforts were made to increase minority and female participation in obtaining consulting contracts? The ODOT Procurement Office (OPO) partners with the ODOT Office of Civil Rights (OCR) in activities related to outreach. OPO has formed a work group to address procurement policy and procedures related to increasing opportunities and inclusive practices in procurement. 3. Summarize all activities undertaken during the reporting period which provide for assurances of the Title VI compliance by contractors (i.e., are Title VI requirements included in all contracts and consultant agreements; were reviews made to ensure contractors and consultants are adhering to the Title VI requirements?) OPO ensures that non-discrimination contract and agreement provisions and specifications are a standard part of ODOT's contract document templates.

Environment (23 CFR Part 771)

Title VI of the Civil Rights Act (1964) and Executive Order 12898 require federal

agencies to identify and address, as appropriate, disproportionately high and adverse

health or environmental effects of federal programs, policies, and activities on minority

and/or low income populations (collectively “EJ populations”). In addition, Executive

Order 13166 requires that federal agencies take reasonable steps to ensure meaningful

access by limited English proficient persons (“LEP persons”) to the information,

programs, services, and activities that federal agencies provide. EO 13166 reaffirms the

obligation to eliminate limited English proficiency as an artificial barrier to full and

meaningful participation in federally-assisted programs and activities.

USDOT Order 5610.2(a) sets forth steps to prevent disproportionately high and adverse

effects to minority or low-income populations through Title VI analyses and

environmental justice analyses conducted as part of Federal transportation planning

and NEPA provisions. It also describes the specific measures to be taken to address

instances of disproportionately high and adverse effects and sets forth relevant

definitions. The USDOT is committed to the principles of EJ, which include:

To avoid, minimize, or mitigate disproportionately high and adverse human

health and environmental effects, including social and economic effects, on

minority populations and low-income populations.

To ensure the full and fair participation by all potentially affected communities in

the transportation decision-making process.

To prevent the denial of, reduction in, or significant delay in the receipt of benefits

by minority and low-income populations.

- 50 -

GES NEPA program: Reports from ODOT Regions

Title VI Report with information for Region 1:

Environmental (i.e. this is a combined response from our RECs and myself).

Four Region 1 projects are included this year: Outer Powell Transportation

Safety Project; OR 213 (SE 82nd Avenue): King Rd. to Mt. Scott Creek Bridge

ADA Ramps; SE 82nd Avenue at SE Duke Street Safety Improvement Project;

and Burnside Street: Willamette River Bridge Painting and Rehabilitation Project.

There is also a combined response to Q 4b, regarding the potential need for

training. For our group, there are questions about how this should be presented

in environmental analysis, especially if much of the outreach is being performed

by non-environmental staff members (Community Affairs staff, or Consultant

staff); and how much information is needed, particularly for the projects classified

as PCEs/CEs.

1. Environmental Justice (Low Income and/or Minority)

a) Public Engagement Strategies for EJ Populations: For projects that identified

potential EJ populations, please provide the project names and for each project

describe how environmental justice community leaders and/or members were

engaged and/or otherwise invited to participate during the NEPA process.

Region 1 Environmental

1. Outer Powell Transportation Safety Project (OPTSP) - Portland, OR

Members of the public, including environmental justice groups, were engaged

during the environmental review, and earlier, through public outreach events for

this project in East Portland. Driving tours of the project area were conducted,

including a specific tour for representatives from Organizing People/Activating

Leaders (OPAL), a local non-profit organization dedicated to promoting

environmental justice and civil rights. Subsequent to the project tour, additional

meetings were held with the OPAL representatives to discuss the project.

Meetings were also held with local business leaders from the Russian, Latino,

Vietnamese, and Chinese communities to inform them of the project and the

environmental review process. Several on-site “community walks” were held to

tour the project area, including separate walks for members of each of the most

prevalent population groups in the project area: Chinese, Vietnamese,

Hispanic/Latino, and Russian/Ukrainian. On each of these walks, members of the

community were invited to participate, and through the help of community-

leaders who volunteered as interpreters, language translation was provided for

each walk.

2. OR 213 (SE 82nd Avenue): SE Lindy to Mt. Scott Creek Bridge Phase 1 - SE

King Road to Mt. Scott Creek Bridge ADA Ramps, Portland, OR

- 51 -

For this project, a Public Involvement Plan (identified as a Communications Plan)

has been prepared to address public engagement on the project. Engagement is

on-going. To date, two minority population groups have been identified in the

project area: Hispanic/Latino and Russian. These groups are potentially present

in large enough numbers to suggest the need to provide written material about

the project in Spanish and Russian. An initial fact sheet on the project , prepared

in English, notes that information on the project will be available in Spanish and

Russian to assure that these groups are informed. Information has been mailed

to nearby residences and businesses in the project area as well, and this mailing

notes the availability of project materials in both of these languages. An online

project website has been created and includes messages in both Spanish and

Russian informing these populations of the availability of translated materials for

the project.

3. SE 82nd Avenue at SE Duke Street Safety Improvement Project, Portland, OR

Through review of Census data and, in particular, the use of demographic

information provided by the local elementary school, this project has identified a

large population of Hispanic/Latino, Vietnamese, and Russian individuals in the

project area. As a result of this information, on all materials printed in English for

the project (and on all project e-mail as well), text was provided in Spanish,

Vietnamese and Russian stating that additional information is available in these

languages. This material included a flyer sent to local businesses, and project

fact sheet ‘take-home’ information distributed to local elementary school

students. Additionally, an e-mail message sent to parents of the local students

resulted in the use of a Spanish translator at a “Parent Night” event at the

elementary school.

4. SE Burnside Street: Willamette River Bridge Painting and Rehabilitation

Project, Portland, OR

This project identified the potential for the presence of homeless persons (many

of whom would qualify as low-income individuals) to congregate beneath, or

near, the bridge in downtown Portland. No residences are located near the

project area, therefore, minority populations are not present in great numbers,

however, diverse races are among the homeless population identified near the

bridge. A local non-profit organization, NightStrike, provides services to the

homeless community and one of their regular dispersal sites is within the project

area. A Public Involvement Plan and an Equity Plan have been prepared for the

project, both of which address homeless populations and identify public service

organizations in the project area. Outreach was targeted to NightStrike to assure

continued operations in the project area and to reach homeless individuals with

information about the project.

- 52 -

b) EJ Community Input: For each project that developed EJ-specific outreach

methods, please describe EJ-specific interests that were identified, and EJ-

specific minimization or mitigation measures that were considered or

incorporated into the project.


During outreach and other public engagement activities the primary overall

concern expressed by each of the environmental justice groups was the current

lack of sidewalks along Outer Powell Blvd in the project area. Two other issues

mentioned frequently by members of environmental justice population groups

were the need for more crosswalks within the project corridor (particularly near

transit stops), and the desire for better street lighting, for both vehicular travel on

the highway and for pedestrian and bicycle travel away from the road.

The provision of sidewalks is a key element of the proposed improvements, and

public engagement emphasized the need for the project. Crosswalks were

planned to be included with the proposed improvements. As a result of public

engagement, including the input from the environmental justice groups, additional

locations for sidewalks were added to the project, including some with Rapid

Flashing Beacons where a specific location warranted them.

Street lighting was also part of the proposed improvements, however, in

response to concerns about non-roadway lighting from environmental justice

groups and others, the provision of additional area-lighting along the sidewalk is

being considered.


King Road to Mt. Scott Creek Bridge ADA Ramps

The first phase of paving has been completed and no specific concerns

expressed by environmental justice populations have been identified. Outreach

will continue though completion of sidewalk ramps and final paving in the project

area.

3. SE 82nd Avenue at SE Duke Street Safety Improvement Project

Construction for this project was completed in July 2016. Specific issues or

concerns from environmental justice populations were not identified, and

therefore, no special measures to address environmental justice concerns were

identified. For all outreach, the primary comments were complaints about

construction schedule delays, and a perceived lack of progress in completing the

work. The principle cause of delay for the project resulted from the need to

address the unexpected discovery of four underground oil tanks in the project

area.

- 53 -


Project

Specific input from low –income persons in the project area has not been

received. Targeted outreach to the NightStrike organization, which provides

services to homeless individuals (many of whom would likely qualify as low-

income), resulted in identifying an issue with the organization’s operations in the

project area. The proposed construction staging plan would have displaced

NightStrike from a site now being used to serve the needs of homeless

individuals. As a result of Night Strike’s concerns, an effort was made to find

another location that could be used, however, a suitable site could not be found.

Therefore, changes were made in the timing of project staging to allow the

NightStrike operations to remain in place and continue services to homeless

persons at their present location.

c) EJ Best Practices: Please describe any outreach or analysis methods that

you think were particularly effective.

In Region 1, public outreach is conducted by ODOT staff in Community Affairs

and/or consultant staff that specialize in Public Involvement. Because R1

Environmental Coordinators and Project Managers are not directly involved with

all forms of engagement, it is difficult to evaluate specific techniques being used,

other than to say that, generally, all approaches appear to be effective. In

general, the use of a variety of methods to engage different segments of the

population should be considered for all project areas where low-income and

minority populations may be present.

For one project that has been completed, the SE 82nd Avenue at SE Duke Street

Safety Improvement Project, it was noted that the primary forms of outreach that

were successful included direct outreach to the local elementary school, and the

use of door-to-door flyers to provide project information.

d) EJ Lessons Learned: Please describe any outreach or analysis methods

that you think were ineffective and would recommend not replicating.


Not aware of any methods of public outreach that have been considered

ineffective.

2. Title VI

a) Describe any methods (including project name) that were used to identify

or track participation for Title VI reporting purposes (i.e., public meeting

forms identifying ethnicity, or other identification or tracking methods

used).

- 54 -



A technical discipline report was prepared to consider potential impacts on

environmental justice groups in the project area. Within the Affected

Environment section of this report, information was provided on the presence of

three population groups covered under Title VI regulations: seniors, women, and

disabled individuals. Census data regarding the age of population groups, at the

block level, was the primary data source used to identify the senior citizen

population. Additionally, two public outreach events were attended substantially

by senior citizens: an event held at the Powell Plaza retirement community, and

an event held for immigrant seniors at the Immigrant and Refugee Community

Organization (IRCO) Africa House, a local community facility.

Information on the local population gender was obtained primarily from block-

level Census data. That data identified a nearly even split among males and

females in the project area, therefore, input provided by women was not tracked

separately from other public input.

The American Community Survey (ACS) data for census block groups was used

to identify the disabled population within the project area. Because large

numbers of disabled persons were not identified within the area, no specific

outreach was provided for this group. A member of the Community Advisory

Group assembled for the project did have a disability and offered views that

helped the project team understand considerations for those members of the

public.





Project

For these three projects, no specific outreach to Title VI populations was

identified; however, general public outreach likely included members of the public

within Title VI groups.

3. Limited English Proficiency (LEP)

Executive Order 13166 requires agencies to work to ensure effective public

participation and access to information is achieved through the NEPA process.

Therefore, each Federal agency shall, “wherever practicable and appropriate,

translate crucial [vital] public documents, notices, and hearings, relating to

human health or the environment for limited English speaking populations.” In

addition, each agency should work to “ensure that public documents, notices,

and hearings relating to human health or the environment are concise,

understandable, and readily accessible to the public.

- 55 -

a) Please list any projects in which LEP persons were specifically identified.

Please describe how (the methods used) LEP persons were identified.



LEP individuals were identified using ACS 5-year estimates for census block

groups in the project area. Additionally, interviews with business and community

leaders helped verify the presence of high concentrations of four specific groups

within the project area: Vietnamese, Chinese, Hispanic/Latino and

Russian/Ukrainian.



One of the results of direct outreach to the local elementary school in the project

area was the discovery that the school has a large population of Spanish-,

Vietnamese- and Russian-speaking students. Identification of these students

suggested that many local homes could include LEP family members.


Although the presence of LEP individuals was not specifically noted for this

project, Census information indicated high numbers of individuals in two

language groups, Spanish and Russian, are present in the area.

b) Translation Services: What translation or interpreter services were used for

each applicable project with identified LEP persons during the reporting

period?


Translation and interpretation was provided for each of the four groups in the

area (Vietnamese, Chinese, Hispanic/Latino and Russian/Ukrainian).

Community leaders were solicited to help with targeted outreach events. Written

materials provided at public meetings were available in each of the four primary

languages identified in the area. The project’s website also includes a link that

allows visitors to be able to translate materials found on the site into a variety of

languages for non-English speaking population groups.



Because non-English speaking groups were identified for students, information

sent home with students was provided in the appropriate languages, in addition

to English.

- 56 -


A Spanish translator attended a Parent Night event at the local elementary

school.

i) How were the language translation/interpretation needs determined?


The need for translation or interpretation services was determined by the type of

event and the likelihood of non-English speaking citizens to attend (i.e., events

for specific targeted groups).



Because non-English speaking groups were identified for students, information

sent home with students was provided in the appropriate languages, in addition

to English.


The need for translation on this project was determined by high population

numbers in the Census data.

ii) Please describe documents that were provided in languages other than

English, including the languages.


Based on the presence of groups identified through outreach and census data,

four languages were identified for translation: Vietnamese, Chinese,

Hispanic/Latino, and Russian/Ukrainian. The main products for the project that

were translated into these four languages included a Project Fact Sheet

describing the proposed improvements, media releases to announce up-coming

public events, and a project video (over-dubbed into the four languages).

Additionally, the project website featured a link to a translation application

allowing the entire site to be translated into any of 90 different languages.



Two fact sheets describing the project’s need, benefits, schedule and contact

information included Spanish and Russian translation.


Fact sheets on the project were distributed in Spanish, Vietnamese and Russian.

- 57 -

c) Reducing Barriers: Identify any efforts made in consideration of reducing

potential language obstacles where LEP populations were documented.


The use of translation services at targeted events, meetings, and for some

written materials was the main method followed to avoid language barriers.

Community leaders representing specific, non-English-speaking groups also

assisted in communicating with LEP populations. The website application noted

above also provided an effective means for avoiding language barriers.



A website is being developed for the project and will likely include messages in

Spanish and Russian to facilitate use by LEP individuals in the project area.


Electronic information in the form of e-mail messages included text in Spanish,

Vietnamese and Russian. The project website online also includes text in these

languages, as well as a link to the fact sheets that have been translated into

these languages.

4. Training, Technical Assistance, and/or Professional Development

a) List any nondiscrimination Title VI, EJ, and/or LEP workshops, training, or

peer exchanges attended by Environmental staff in your Region (this also

applies to GES, separately).


b) Attended: “Up, Up, and Away: A Discussion About Sustainable Land Use,

Sprawl and Environmental Justice,” presented by the Oregon Law Center.

Session at the Oregon Chapter of the American Planning Association; Portland,

Oregon; October 16, 2015. Also, please identify if you or your Region

(Environmental Unit) feel like you do, or do not, have adequate access to

technical resources, including adequate training, for Title VI, EJ, and LEP.


Access to technical resources is sufficient and much information is available

online. Specific Region training presenting current techniques, approaches and

analysis for environmental justice has not been provided recently. As such, staff

members feel that adequate training for the most recent guidance has not been

available. In particular, there are questions about the public outreach process,

both how to collect and record this information, and what the appropriate level of

effort should be to present this information. Particular interest in direction on the

level of effort needed for projects where there may be little or no impacts on

- 58 -

these groups (PCE and CE projects), as well as for larger documents (EAs and

EISs), has been expressed.

5. Guidance and/or Policy Development

a) Are you aware of any guidance or policy (FHWA, ODOT Regions or

Headquarters/GES, ODOT-OCR, US-OCR, EPA, etc.) that has been

developed within the reporting period (October 1, 2015 through September

30, 2016? If so, please list and describe.


The NCHRP issued a report on EJ and Tolling in June 2016.

FHWA issued a Fact Sheet on Climate Change Impacts on EJ Populations in

June 2016.

Region 2 responses to Title VI/EJ Questions:

1-3: None of the projects I have worked on in Region 2 have addressed EJ, or

Title VI populations in great detail at this point. There are three projects of mine

that will address these populations in detail, but maybe not within this FFY. The

projects are:

13188 OR22: CORRIDOR

SAFETY

IMPROVEMENTS

18854 OR18: FORT HILL ROAD

TO AR FORD

ROAD

16223 OR569: RIVER RD -

COBURG RD

DEVELOPMENT


a) List any nondiscrimination Title VI, EJ, and/or LEP workshops, training, or



Response: Informal training at various REC meetings. The most recent EJ

training topic at a REC meeting was at the June, 2014 meeting.

b) Also, please identify if you or your Region (Environmental Unit) feel like

you do, or do not, have adequate access to technical resources, including

adequate training, for Title VI, EJ, and LEP.

- 59 -

Response: my understanding is that GES is developing EJ/Title VI training for

RECs. I feel that such training is warranted. With this training, I feel that I will

have adequate training and access to technical resources (i.e. Susan White).






Response: FHWA updated their Reference Guide in 2015. Also in 2015, GES

removed the draft NEPA Guidance (Volume I and Volume II) from the ODOT

GES website, which included EJ guidance. Rod provided a list of resources

external to ODOT (see attached email). Also, GES updated the PCE Approval /

CE Closeout guidance, which includes a short explanation of EJ requirements.

Region 3 Response to Survey Questions:


a) Public Engagement Strategies for EJ Populations: For projects that identified

potential EJ populations, please provide the project names and for each project

describe how environmental justice community leaders and/or members were

engaged and/or otherwise invited to participate during the NEPA process. –

Table Rock Road: Biddle Road to I-5 Project identified potential for low income

and minority populations by review of US Census data. A relatively small

number of properties were directly impacted by the proposed project. Potentially

affected communities, residents, etc. were engaged through direct contact when

potentially affected properties were identified. A public meeting was held to

review the proposed improvements..

b) EJ Community Input: For each project that developed EJ-specific outreach

methods, please describe EJ-specific interests that were identified, and EJ-

specific minimization or mitigation measures that were considered or

incorporated into the project. No EJ-specific outreach was developed for the

Table Rock Road: Biddle Road to I-5 project.

Region 4 Survey Reponses to Survey Questions:


a) Public Engagement Strategies for EJ Populations: For projects that

identified potential EJ populations, please provide the project names and

for each project describe how environmental justice community leaders

http://www.fhwa.dot.gov/environment/environmental_justice/publications/reference_guide_2015/section00.cfm

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and/or members were engaged and/or otherwise invited to participate

during the NEPA process.

Region 4 did not have any projects that identified potential EJ populations that

required specific engagement/participation in the NEPA process.


b) List any nondiscrimination Title VI, EJ, and/or LEP workshops, training, or



None in the past reporting year.

c) Also, please identify if you or your Region (Environmental Unit) feel like



Region 4 feels that there is a need for more in-depth training/guidance relating to

Title VI, EJ, and LEP. Any previous training has been a “broad brush stroke” of

the topic (e.g. EPAEJScreen rollout, etc….). It would be advantageous to have a

workshop that gets into the details of different scenarios, impacts, consultation,

etc… and the requirements/outcomes that can be expected.






Region 4 is not aware of any.

Region 5 Responses to Survey Questions:


a) Public Engagement Strategies for EJ Populations: For projects that

identified potential EJ populations, please provide the project names and

for each project describe how environmental justice community leaders

and/or members were engaged and/or otherwise invited to participate

during the NEPA process.

Region 5 did not have any projects with identified potential EJ populations.

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a) Please list any projects in which LEP persons were specifically identified.

Please describe how (the methods used) LEP persons were identified.

Region 5 did not have any projects with LEP persons specifically identified

within the project limits.

Region 5 did not have any projects with LEP persons specifically identified within

the project limits.


b) List any nondiscrimination Title VI, EJ, and/or LEP workshops, training, or peer

exchanges attended by Environmental staff in your Region (this also applies to

GES, separately).

None in 2016.

c) Also, please identify if you or your Region (Environmental Unit) feel like



We would like to have an additional training offered for Title VI, EJ, and LEP

compliance






No.

Education and Training Program

Outreach & Diversity:

1. During the reporting period what efforts were made to encourage participation by

minorities and women in National Highway Institute’s (NHI) education and training

programs?

Classes are listed on the NHI site as open for enrollment. Oregon advertises to the

targeted audience for the training. Internally, the information is distributed to a diverse

audience of people who are involved in planning, drafting, designing, engineering,

environmental or construction employees. Externally, it is advertised to Local

Government personnel, American Council of Engineering Companies of Oregon and

Oregon Advocates Office for Minority, Women and Emerging Small Businesses. A

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Consultant Subscription e-mail list is used to notify people of general policy changes and

training opportunities. This list includes the e-mails for small businesses that ODOT has

contracts with. Many of these businesses are owned by minorities and women. As

people contact Training about being placed on a notification list for scheduled event

information, their e-mail information is placed on the Consultant Subscription e-mail list.

The training is also advertised on the State of Oregon's Department Of Transportation

website.

a. List any NHI sponsored or co-sponsored NHI programs.

Applying Section 4(f): Putting Policy into Practice

Two-Dimensional Hydraulic Modeling of Rivers at Highway Encroachments

Utility Coordinaton for Highway Projects

Fracture Critical Inspection Techniques for Steel Bridges

Introduction to Highway Hydraulics

b. How many were State participants?

Out of 146 participants in 5 NHI courses, 85 were state employees (58%).

c. How many were minorities and women?

Total 51 (35%) ODOT: 27 Others: 24

d. Were there any Title VI or Environmental Justice Trainings offered? No.

1. If training was offered; please list the titles and dates of the training.

Training Staff:

2. Please identify the agency’s personnel who are responsible for training according to title,

ethnicity and gender.

Title Ethnicity Gender

SBSB Branch and Project Delivery Services Manager White Female

SBSB BPDS Senior Training Consultant White Female

Rights-of-Way (49 CFR Part 24 & 23 CFR Part 710)

Processes Selection process for:

Fee appraiser ODOT has a list of approved appraisers qualified to write eminent domain valuations. A

request for proposals conforming to OPO policies is publicized when a project requires a

fee appraiser to assist with valuation of right of way. Selection is based on ability;

capacity, timelines, and price; small and minority business are given priority whenever

possible. A mentor program was created to help appraisers, especially minority and

small businesses, to gain the experience and expertise to be included on the approved

appraiser list.

Fee negotiator

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A notice conforming to OPO policies is publicized when a project requires a consultant to

assist with acquisition of right of way. Selection is based on ability; capacity, timelines,

and price; small and minority business are given priority whenever possible.

Fee title search ODOT uses established title companies to provide a preliminary title report and a

subsequent title policy when required.

Fee property management ODOT does not hire property management companies. The right of way unit includes a

property management section, which primarily sells surplus property and manages

leases on state property.

Identification process for:

Identification of persons not lawfully present in the United States (as relates to relocation benefits available) All persons receiving relocation benefits of any kind must complete and sign a

“Certification of Legal Residency” form that indicates whether or not they are legal

residents of the United States.

Property valuation process:

Appraisal process The appraisal process for valuing property required for a project (acquired under the

threat of eminent domain) is clearly and heavily prescribed in the state and federal laws

and regulations. A 15-day letter is sent; the property is visited; and an appraisal report is

written that clearly states the fair market value of the property to be acquired. It is then

sent through the senior right of way agent (region right of way project manager) to the

review appraiser.

Appraisal Review process Once the appraisal report is received, the review appraiser scrutinizes the report for

correct mathematical calculations, proper comparables, and valid methodology. Once

this is verified, the review and the appraisal report go to the Chief Appraiser, who sets

just compensation (the amount the owner/tenant will be offered).

Providing opportunity to property owner to accompany appraiser during property inspection All appraisers must provide the property owner an opportunity to accompany them when

touring the subject property. The “15 day notice” gives the owner a 15-day notice of

when the appraiser will be at the property and asks the owner to let the appraiser know if

he/she wishes to accompany the appraiser. No appraisal is approved without this letter

being evidenced therein.

Bona Fide negotiation process:

Include written offer and consideration of counteroffer The written “Terms of State’s Offer” is made based on the approved, reviewed appraisal.

The agent negotiates in good faith and provides project information, an acquisition

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summary, map, and other documents depending on the situation (such as a request for

a partial reconveyance, operating agreement request, certified death certificate request

and the like). All counteroffers are considered in the region, and if necessary discussed

with the State Right of Way Operation Manager. All offers are made consistent with

federal and state laws, regulations, and policies, in conjunction with the Oregon

Department of Justice.

Relocation process:

Development of relocation housing payments There is a prescribed formula for computing relocation housing payments. This study is

typically prepared by a region right of way agent, reviewed by the region senior right of

way agent, and approved by the state relocation reviewer at HQ. The calculation is

consistent with all laws and requirements, and is consistently used for all owners and

tenants.

Mortgage differential payments This relocation benefit is available to owner occupants who have a current mortgage on

their dwelling. If they choose to have a mortgage on the replacement dwelling, and the

interest rate is higher on the new mortgage, they will receive a differential benefit. There

is a calculator in our software that figures that benefit amount. It takes into account the

balance, interest rate, term remaining, and other details. All displacees are treated

equally concerning right of way acquisition, including relocation benefit calculations.

Appeal process Any owner or tenant involved with property that is being acquired under the threat of

eminent domain can appeal the relocation benefits offered – either the amount, or their

eligibility. They receive a benefit summary with the offer packet. This informs them of

their eligibility for relocation benefits, if any, and which benefits they might qualify for. It

also always indicates they have the right to appeal.

Property management process:

Define how the STA prioritizes the physical maintenance of residential structures still occupied by the former owners/tenants Residential structures are purchased when they are in the area to be used for highway

purposes. These structures are demolished or moved – that is, the right of way needs to

be cleared for the project construction. Every now and then owners/tenants are allowed

to temporarily remain in the structure short-term, and the structure will be maintained in

the same condition as it was when acquired.

Right of way is acquired according to all federal and state laws, rules and regulations.

Minority and small businesses are given priority for services needed to be contracted

out. The mandatory requirements for all valuations, acquisitions, and relocations are

strictly prescribed, and these requirements are followed equally for all owners and

tenants.

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Research (23 CFR Part 420)

How many research projects are currently underway?

The Research Section had thirty-eight State Planning and Research (SPR) projects underway during the report period. Thirty-five of these were contracted with universities, one with an outside consultant. Two were researched within ODOT.

2. Provide a list of universities and/or consultants currently conducting research Projects.

Oregon State University (18 projects), Portland State University (7 projects), Montana State University (2 projects), Iowa State University (1 project), Auburn University (1 project), Northern Arizona University (1 project), University of Washington (1 project), University of Washington/Oregon State University (combined project – 1), Portland State University/Oregon State University (combined - 1 project),Texas A&M Transportation Institute (2 projects), SLR International Corporation (1 project), and Oregon Department of Transportation (2 projects). (See attached for more details)

3. Summarize actions taken to encourage universities to utilize minority and female students to participate on highway research projects.

Contract agreements require the contracting party to comply with federal and state civil rights statutes, rules and regulations. There were 17 female faculty and Project Investigators, 18 male minority Project Investigators, 2 female minority Project Investigators, 34 female students, 20 male minority students, and 11 female minority students. (See attached for details.)

4. Summarize actions taken to increase minority-owned consultants in obtaining research projects.

One private consultant (SLR International Corporation) was utilized on Federally funded research projects during the current fiscal year.

5. List any significant actions planned for the ensuing year.

The Research Section maintains a tracking system for minority and female student involvement in projects contracted with universities. The Research Section is updating the Research Procedures manual and will reexamine our selection and award processes to insure compliance with Title VI

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Administration: Summary of Division Affirmative Action Parity

For the 2015-2017 Affirmative Action Plan, ODOT focused on three agency goals:

1. People with Disabilities: Increasing the number of people with disabilities in

administrator positions (salary range 24-31+), professional positions (this

includes computer analyst, program coordinator, Right of Way coordinator,

etc.) and skilled crafts positions (this includes Highway maintenance,

mechanics, carpenter, plumber, etc.) (EEO A, B, G).

2. Women: Increasing the number of women in administrator positions (salary

range 24-31+) and skilled crafts positions (this includes Highway maintenance,

mechanics, carpenter, plumber, etc.) (EEO A, G).

3. Under-represented minorities: Increasing the number of historically under-

represented minorities in professional positions (this includes computer analyst,

program coordinator, Right of Way coordinator, etc.) and skilled crafts positions

(this includes Highway maintenance, mechanics, carpenter, plumber, etc.) (EEO

B, G).

Affirmative Action parity goals are set for the state of Oregon as one employer. Each EEO category is further broken down and given parity goals for each under-represented group.

The tables in this report highlight ODOT’s current workforce strengths and areas of under-representation by division. The division parity and representation data is as of June 30, 2016.

EEO CATEGORY: Category assigned by the Equal Employment Opportunity Commission.

PARITY #: This parity number is provided to all agencies by the State of Oregon’s Department of Administrative Services.

No OF EMPLOYEES - PARITY: Total number of employees above or below parity as of June 30, 2014

CURRENT %: this is the current percentage as of June 30, 2016 of the workforce (current group count / current total).

CURRENT GROUP COUNT: Number of under-represented employees in that EEO Category, in that division.

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CURRENT TOTAL: Total number of employees in that EEO Category, in that division.

No OF EMPLOYEES - PARITY: Total number of employees above or below parity as of June 30, 2016.

Under-represented areas help us identify areas of emphasis and goals for divisions and hiring managers to consider in their recruitment, hiring, retention, and promotion opportunities.

Parity by EEO Category by Division

IMPORTANT NOTES:

Some divisions do not employ staff in some of the EEO categories in permanent full time positions. For instance, the Motor Carrier Transportation Division does not have currently employees in the EEO G category of Skilled Crafts. Therefore the category is not listed in the tables below.

ODOT’s workforce is fluid and changes daily. Depending on when a report is ran, the number of employees may change slightly.

The numbers below compare the workforce within each Division at two different data points: as of June 30, 2014 and as of June 30, 2016. This enables us to determine what changes have occurred over this period of time.

The numbers in red signify the number needed to achieve parity based on the parity number set forth by the State of Oregon.

Central Services Division

EEO Category Parity %

No of

Employees –

Parity as of

6/30/2014

Current %

6/30/16

Current

Group Count

6/30/16

Current Total

6/30/16

No of

Employees -

Parity as of

6/30/2016

FEMALE

EEO A: Officials

39.8% -6 17.65% 6 34 -8

EEO B: Professionals

41.2% 9 44.41% 131 295 9

EEO C: Technicians

43.6% -4 23.53% 4 17 -3

EEO F: Clerical

70.3% 10 92.00% 46 50 11

EEO G: Skilled Crafts

18.4% -2 0.00% 0 10 -2

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No of

Employees –

Parity as of

6/30/2014

Current %

6/30/16

Current

Group Count

6/30/16

Current Total

6/30/16

No of

Employees -

Parity as of

6/30/2016

EEO H: Maintenance

37.8% -2 0.00% 0 6 -2

MINORITY

EEO A: Officials

12.9% -2 8.82% 3 34 -1


10.8% -5 11.19% 33 295 1

EEO C: Technicians

9.0% -1 5.88% 1 17 -1

EEO F: Clerical

9.7% 3 14.00% 7 50 2


8.5% 1 20.00% 2 10 1

EEO H: Maintenance

11.6% -1 0.00% 0 6 -1

PEOPLE WITH

DISABILITIES

EEO A: Officials

6.0% 0 0.00% 0 34 -2


6.0% 4 7.12% 21 295 3

EEO C: Technicians

6.0% 1 11.76% 2 17 1

EEO F: Clerical

6.0% -2 2.00% 1 50 -2


6.0% 0 10.00% 1 10 0

EEO H: Maintenance

6.0% 0 0.00% 0 6 0

Over the fiscal year ending on June 30, 2016, Central Services’ efforts in the area of Affirmative Action were as follows:

Women: The Central Services Division did not achieve the overall organizational goals of increasing the number of women in administrator and skilled craft positions. For its Divisional goal, it made a slight improvement in the Technicians positions.

Minorities: The Central Services Division achieved the organizational goal of increasing the number of minorities in Professional positions. It remained above

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parity in the Skilled Crafts category. Although not an organizational goal, it made a slight improvement in the Administrator positions.

People with Disabilities: Overall, it experienced a decrease in the representation of this protected class. The slight decrease affected two of the three target areas (Officials and Professionals). Central Services is continuing its efforts to promote employment of women, and People with Disabilities and employees in underrepresented areas.

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Driver and Motor Vehicles Services Division (DMV)

Over the fiscal year ending on June 30, 2016, the DMV’s efforts in the area of Affirmative Action were as follows:

The DMV led the entire Department of Transportation in our organizational goals of achieving and exceeding parity for women and minorities.


No of Employees – Parity as of 6/30/2014

Current % 6/30/16

Current Group Count 6/30/16

Current Total 6/30/16

No of Employees - Parity as of 6/30/2016

FEMALE

EEO A: Officials

39.8% 14 69.09% 38 55 16


41.2% 16 61.11% 55 90 18

EEO C: Technicians

43.6% 63 66.89% 198 296 69

EEO F: Clerical 70.3% 28 79.52% 264 332 31

EEO H: Maintenance

37.8% 0 0.00% 0 1 0

MINORITY

EEO A: Officials

12.9% 2 18.18% 10 55 3


10.8% 2 15.56% 14 90 4

EEO C: Technicians

9.0% 51 30.07% 89 296 62

EEO F: Clerical 9.7% 22 20.78% 69 332 37

EEO H: Maintenance

11.6% 0 0.00% 0 1 0

PEOPLE WITH DISABILITIES

EEO A: Officials

6.0% -2 3.64% 2 55 -1


6.0% 0 3.33% 3 90 -2

EEO C: Technicians

6.0% -5 3.72% 11 296 -7

EEO F: Clerical 6.0% 22 11.45% 38 332 18

EEO H: Maintenance

6.0% 0 0.00% 0 1 0

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Women: the DMV continues to be at or above parity in all areas for women. The DMV does not utilize the Skilled Craft category.

Minorities: the DMV continues to be at or above parity in all areas for minorities. There was an increase in the case of the Technicians and Clerical categories, which were not target area but still an increase in the overall representation of diverse staff.

People with Disabilities: The Division did experience a slight decrease in the number of people with disabilities. In terms of Divisional goals, it made a slight improvement in the Officials category and decreased slightly in the Technicians group.

The DMV is continuing its efforts to promote employment of people with disabilities in under-represented areas.

Motor Carrier Transportation Division (MCTD)

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Over the fiscal year ending on June 30, 2016, the MCTD’s efforts in the area of Affirmative Action were as follows:

Women: the MCTD is above parity in the Officials category. There was no virtual change in the representation of women. The MCTD does not utilize staff in the Skilled Craft category.

Minorities: the MCTD did not achieve the organizational goal with respect to the employment of this under-represented group in the Professional category. The MCTD does not utilize staff in the Skilled Craft category.

People with Disabilities: The MCTD remained above parity in the Officials category. The MCTD does not utilize staff in the Skilled Craft category.



Current % 6/30/16




FEMALE

EEO A: Officials

39.8% 4 52.38% 11 21 3


41.2% 3 43.53% 37 85 2

EEO C: Technicians

43.6% 3 41.18% 56 136 -3

EEO F: Clerical 70.3% 5 83.33% 25 30 4

MINORITY

EEO A: Officials

12.9% -3 0.00% 0 21 -3


10.8% -1 9.41% 8 85 -1

EEO C: Technicians

9.0% 3 15.44% 21 136 9

EEO F: Clerical 9.7% 0 10.00% 3 30 0


EEO A: Officials

6.0% 2 14.29% 3 21 2


6.0% 2 10.59% 9 85 4

EEO C: Technicians

6.0% 3 7.35% 10 136 2

EEO F: Clerical 6.0% 3 16.67% 5 30 3

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Transportation Safety Division

Over the fiscal year ending on June 30, 2016, the Safety Division’s efforts in the area of Affirmative Action were as follows:

Women: there was a decrease in the representation of women in the Officials category. The Safety Division does not utilize staff in the Skilled Craft category.

Minorities: there was no change in the representation of minorities in the Professionals category. The Safety Division does not utilize staff in the Skilled Craft category.

People with Disabilities: There were no changes over the last biennium. The Safety Division does not utilize staff in the Skilled Craft category.



Current % 6/30/16




FEMALE

EEO A: Officials

39.8% 0 0.00% 0 2 -1


41.2% 4 50.00% 8 16 1

EEO F: Clerical 70.3% 1 100.00% 5 5 1

MINORITY

EEO A: Officials

12.9% 1 50.00% 1 2 1


10.8% 0 12.50% 2 16 0

EEO F: Clerical 9.7% 0 0.00% 0 5 0


EEO A: Officials

6.0% 1 50.00% 1 2 1


6.0% -1 0.00% 0 16 -1

EEO F: Clerical 6.0% 1 0.00% 0 5 0

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Transportation Safety is near or at parity for all categories.

Highway Division

EEO Category Parity

%

No of Employees – Parity as of

6/30/2014

Current % 6/30/16

Current Group Count

6/30/16



FEMALE

EEO A: Officials 39.8% -42 17.88% 32 179 -39


41.2% -70 30.36% 177 583 -63

EEO C: Technicians 43.6% -112 19.13% 88 460 -113

EEO F: Clerical 70.3% 25 88.24% 120 136 24


18.4% -115 6.84% 70 1023 -118

EEO H: Maintenance

37.8% -2 7.69% 1 13 -4

MINORITY

EEO A: Officials 12.9% -13 7.82% 14 179 -9


10.8% -16 9.78% 57 583 -6

EEO C: Technicians 9.0% 17 13.91% 64 460 23

EEO F: Clerical 9.7% 0 14.71% 20 136 7


8.5% -21 8.02% 82 1023 -5

EEO H: Maintenance

11.6% -1 15.38% 2 13 0


EEO A: Officials 6.0% -9 0.56% 1 179 -10


6.0% -16 3.95% 23 583 -12

EEO C: Technicians 6.0% -9 3.48% 16 460 -12

EEO F: Clerical 6.0% 6 11.03% 15 136 7


6.0% -52 1.08% 11 1023 -50

EEO H: Maintenance

6.0% 0 7.69% 1 13 0

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Over the fiscal year ending on June 30, 2016, the Highway Division’s efforts in the area of Affirmative Action were as follows:

Women: The Highway Division remains below parity in all EEO categories with the exception of Clerical, but there was a slight increase in the number of women in the Officials category. It remains below parity and there was a further decrease in the number of women in the Skilled Craft category. Although not an organizational goal, it also received an increase in the Professionals category.

Minorities: The Highway Division saw significant increases in the employment of minorities in all EEO categories. While it remains below parity in the representation of minorities in the Professionals category but there was a significant increase in the number of minority employees in this category. Further, there was a significant increase in the number of minorities in the Skilled Craft category which accounted for a visible change in the parity number.

People with Disabilities: The Highway Division lost ground with this group. There was a decrease in both the Officials and Skilled Craft categories.

With respect to its goals at the Division level o While it remains below parity, there was a modest increase in the

representation of minorities in the Officials category. o While it remains below parity, there was a modest increase in the

representation of People with Disabilities in the Professionals category. o The Technicians category lost ground with both Women and People with

Disabilities.

The Highway Division has not met parity in all areas but it increased the number of minorities in all areas. There have been continuing efforts to develop programs and outreach efforts that more effectively target and successfully recruit women and historically under-represented minorities into all positions in the highway division. New and renewed efforts continue underway to target skilled crafts positions.

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Transportation Development Division

Over the fiscal year ending on June 30, 2016, the Transportation Development Division’s efforts in the area of Affirmative Action were as follows:

Women: There was no change in the Officials category. The division remains at parity. The TDD has no employees in the Skilled Craft category.

Minorities: there was a slight increase in the representation of minorities in the Professionals category, which helped the Division to exceed parity. There are no employees in the Skilled Craft category. Although not an organizational goal, the department lost ground with respect to minorities in the Officials category.



Current % 6/30/16




FEMALE

EEO A: Officials

39.8% 0 41.67% 5 12 0


41.2% 3 50.72% 35 69 7

EEO C: Technicians

43.6% -2 33.33% 9 27 -3

EEO F: Clerical

17 78.26% 18 23 18

MINORITY

EEO A: Officials

12.9% -1 0.00% 0 12 -2


10.8% 0 11.59% 8 69 1

EEO C: Technicians

9.0% 2 22.22% 6 27 4

EEO F: Clerical

3 17.39% 4 23 4


EEO A: Officials

6.0% -1 0.00% 0 12 -1


6.0% -3 2.90% 2 69 -2

EEO C: Technicians

6.0% 1 11.11% 3 27 1

EEO F: Clerical 6.0% 2 13.04% 3 23 2

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People with Disabilities: There was no change in the Officials category; the division remains below parity. The division remains below parity in the Professionals category but there was a slight increase. There are no employees in the Skilled Craft category.

Transportation Development meets or exceeds parity in several areas including women and historically under-represented minorities in professional positions, and for historically under-represented minorities in technician positions. The division does not have any minority employee employed in the Officials category. All other areas they are close to parity.

Public Transit / Rail Division

Over the fiscal year ending on June 30, 2016, the Public Transit / Rail’s efforts in the area of Affirmative Action were as follows:

EEO Category

Parity %


Current % 6/30/16

Current Group Count

6/30/16



FEMALE

EEO A: Officials

39.8% 1 40.00% 2 5 0


41.2% 6 38.46% 15 39 -1

EEO F: Clerical

70.3% 1 100.00% 6 6 2

MINORITY

EEO A: Officials

12.9% 0 0.00% 0 5 -1


10.8% -1 5.13% 2 39 -2

EEO F: Clerical

9.7% 1 16.67% 1 6 0

PEOPLE WITH

DISABILITIES

EEO A: Officials

6.0% 0 20.00% 1 5 1


6.0% -1 2.56% 1 39 -1

EEO F: Clerical

6.0% 1 33.33% 2 6 2

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Women: the Public Transit / Rail division is at parity in the Officials’ category. There was a slight increase in the representation of women. The Division does not currently have any employees in the Skilled Crafts category.

Minorities: the division had a slight decrease in the Professional category and is under Parity. The Division does not currently have any employees in the Skilled Crafts category.

People with Disabilities: The Division moved above parity in the Officials Category. The Division does not currently have any employees in the Skilled Crafts category.

ODOT Headquarters

The ODOT headquarters Division includes Communications, ODOT HQ, and Office of the Director.

Over the fiscal year ending on June 30, 2016, ODOT Headquarters’ efforts in the area of Affirmative Action were as follows:



Current % 6/30/16




FEMALE

EEO A: Officials

39.8% -1 45.45% 5 11 1


41.2% 7 63.64% 21 33 7

EEO F: Clerical 70.3% 1 87.50% 7 8 1

MINORITY

EEO A: Officials

12.9% 2 27.27% 3 11 2


10.8% 0 9.09% 3 33 -1

EEO F: Clerical 9.7% 1 25.00% 2 8 1


EEO A: Officials

6.0% -1 0.00% 0 11 -1


6.0% 3 12.12% 4 33 2

EEO F: Clerical 6.0% 1 0.00% 0 8 0

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Women: there was an increase in the representation of women in the Officials category enabling the Division to exceed parity. ODOT HQ has no employees in the Skilled Craft category.

Minorities: There was a slight decrease in the representation of minorities in the professional category but ODOT HQ is still close to parity. Although not an organizational goal, there was an increase in the representation of minorities in the Officials category and the division continues to exceed parity. ODOT HQ has no employees in the Skilled Craft category.

People with Disabilities: There were no changes over the biennium for ODOT HQ. It is slightly below parity in the Officials Category. ODOT HQ has no employees in the Skilled Craft category.

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Maintenance (23 CFR Part 635) AAR Survey Responses 2015

The Maintenance and Operations Branch leads and supports highway maintenance activities throughout the State by developing and implementing programs to ensure efficient, effective and consistent maintenance and operation of Oregon's transportation infrastructure. The Maintenance and Operations Branch (MOB) should ensure that the prioritization process to determine when and routine and preventive maintenance of the state highway system is not discriminatory in its application. Additionally, the MOB needs to evaluate the feasibility of adapting the 511 Architecture (traffic information) and Variable Message Signs to more than one language if the Limited English Proficiency Four- Factor Analysis identifies the need. Also, written and telephonic contacts regarding maintenance issues from the Public need to be monitored. The Office of Maintenance works with ODOT's Regions and Districts to provide expertise in forestry, vegetation management, utility permits, emergency management, field services, training, clean water, salmon recovery and directly administers the Snowmobile, Sno-Park, Adopt-A-Highway and Youth Litter Patrol programs. Responsibilities relating to Title VI / Nondiscrimination

Process to ensure that the development and implementation of the Maintenance

Program is compliant with Title VI/Nondiscrimination requirements;

Process to periodically review the implementation of the actual process to ensure the

Maintenance Program is being implemented in a non-discriminatory manner.

1. Department level as well. Department = agency in case you were wondering. Describe how

the Department ensures that the needs of Title VI / Nondiscrimination populations are

prioritized in Maintenance activities.

2. Has the Department translated any of its documents in languages other than English? If so,

describe the languages used and whether the Division used in-house or contracted services

to translate the documents.

Yes, we had a notice of personal property removal from illegal campsites translated into

Spanish by an ODOT contractor.

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Construction & OPO 23 CFR Part 635

Program Policies and Complaints:

Has the State received any civil rights complaints (informal and/or formal) or concerns involving

the following:

competitive bidding

licensing

prequalification

lack of subcontracting opportunities

Was any corrective action needed? If so, what steps were taken to correct problem areas?

a. competitive bidding Not with OPO.

b. licensing Not with OPO.

c. prequalification Not with OPO. OPO also made changes to prequalification through

administrative rule effective April 29, 2016 – we changed the prequalification period

from one year to two years. The fee due for two years is $200 ($100 per year which

is no change in the amount). Nobody has complained about the changes. d. lack of subcontracting opportunities Not with OPO.

Was any corrective action needed? If so, what steps were taken to correct problem areas? N/A.

Civil Rights Complaints - Formal: ODOT did not receive any formal civil rights

complaints involving competitive bidding procedures, licensing, prequalification, or lack

of subcontracting opportunities during the reporting period of July 1, 2015 to June 30,

2016.

Concerns raised by primes:

o DBE’s are not adequately trained in general business or ODOT specific

requirements

o Some DBEs are overcommitting themselves and not meeting their contract

obligations creating DBE committed contract goal shortfalls on some projects

Concerns raised by DBEs:

o Firms previously included in the narrowly tailored DBE program are experiencing

difficulty maintaining market share due to increased competition upon FHWA’s

approval on May 18, 2016 to allow all groups the opportunity to participate in

ODOT” s DBE program.

o Too much paperwork for DBEs / Work Plan Proposal Form 3A

o Difficulty obtaining bonding and working capital lines of credit

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What is the DBE Program complaint process? How do you ensure that complaint procedures are

easily accessed?

Advertised DBE Goal Concerns: With respect to questions, concerns, or complaints

related to an assigned DBE contract goal on advertised project, prospective bidders are

required to contact the procurement office single point of contact identified in the project

solicitation documents. The single point of contact will work with appropriate subject

matter experts for the project, including other procurement staff, the project manager, the

specifications unit, DBE Program staff and DOJ as appropriate. Any changes to the

assigned DBE goal as a result of questions, concerns, or complaints raised during the

project solicitation period will result in the Agency issuing a clarification letter or

addendum as appropriate. In some cases, depending upon the timing or complexity of the

issue, the project solicitation may be withdrawn, the project documents revised, and then

re-advertised for a later bid-letting date.

DBE Program Complaints (General and Project-specific) - Any person may contact

the Office of Civil Rights Manager, the DBE Program Manager, or regional Civil Rights

Field Coordinator with concerns about DBE program matters. The Office of Civil Rights

staff directory is available at:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/pages/contact_us_directory.aspx

If concerns are raised about whether a DBE’s performance on a particular project meets

commercially useful function requirements, the matter will be referred to the appropriate

Project Manager and Office of Civil Rights Field Coordinator for initial review. The

matter may be escalated to the DBE Program Manager, Construction Engineer, and

Office of Civil Rights Manager, DOJ or FHWA for additional consideration and input as

appropriate and on an as-needed basis.

The DBE Program Compliance webpage also provides the public with a link to the

federal Office of the Inspector General Report Fraud, Waste & Abuse hotline page:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/dbe_comp.aspx

DBE-related Complaints Alleging Discrimination: DBE program-related complaints

that allege discrimination on the basis of race, color, national origin, gender should be

handled as a Title VI complaint. The Office of Civil Rights webpage provides

information about the Agency’s Title VI complaint process, which is available at:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/tvi_disc_comp.aspx.

DBE Certification Complaints: As the sole certification agency for the state of Oregon,

the Certification Office for Business Inclusion and Diversity (COBID) processes all

complaints regarding a business's DBE certification. Complaints may be filed

concerning whether a certified business does not meet one or more certification

requirements. COBID investigates all complaints according to the Code of Federal

Regulations, Oregon Revised Statutes and Oregon Administrative Rules. As outlined in

the law, a complaint must:

o be in writing,

o state facts indicating which eligibility requirement(s) the business has not met,

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/pages/contact_us_directory.aspx


http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/tvi_disc_comp.aspx

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o include copies of any supporting documentation complainant may have,

o be signed by the complainant and

o include complainant's address and telephone number.

Additional information about DBE certification complaints is available on the COBID

website. ODOT’s DBE Program - Compliance webpage provides a link to the COBID

website entitled How to file a Complaint About a Certified Business at:


Participation and Opportunities:

1. Provide the level of participation on construction contracts for the following:

a. DBE firms

b. Female and Minority-owned firms

DBE firms – Report is on only the federal percentage of FHWA-funded highway

construction contracts for this report period of July 1, 2015 – June 30, 2016.

DBE Utilization – July 1, 2015 - June 30, 2016

Highway Construction Only

(Based on Federal Aid share amounts)

Awards &

Commitments

Total Dollars Total

Number

Total to

DBEs

Total

Number to

DBEs

Percent of total

dollars to

DBE's

Prime

Contracts $268,343,336 97 $1,506,467 3 0.6%

Subcontracts $120,893,134 1089 $11,306,993 240 19.0% Total $389,236,470 1186 $12,813,460 243 9.1%

Utilization by DBE Ethnic & Gender Group

DBE Group

Black

(African)

Am.

Hispanic

Am.

Native

Am.

Subcont.

Asian

Am.

Asian-

Pacific

Am.

Non-

Minority

Women

Total

Awards

(Prime

& Sub)

58 25 20 18 13 109 243


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Total

Dollar

Value

$10,100,635 $2,835,824 $1,357,581 $608,443 $1,903,937 $8,109,985 $30,428,541

DBE Uniform Report – DBE participation on FHWA-funded contracts is reported on a

semi-federal fiscal year basis (October 1 – March 31 and April 1 - September 30) on the

Uniform Report of DBE Commitments/Awards and Payments. The annual reports for

the last five years, for FHWA-funded highway construction projects are posted on

ODOT’s DBE Program – Resource Documents web page at:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/dbe_rpt_acp.aspx

MBE, WBE, ESB firms: Report is on Minority- and Female-owned and Emerging Small

Business firm participation on all state and federally-funded highway construction and

other contracts types, including A&E and non-A&E professional services, goods and

trade services for the report period of July 1, 2015 – June 30, 2016. When a contractor

has multiple certifications it is counted in the order of MBE, WBE, then ESB (See table

below.)

MBE, WBE, ESB Utilization - July 1, 2015 - June 30, 2016 State and Federally - Funded Total Contract Awards Quarter Total Awards MBE WBE ESB

2015 - 3rd (Jul-Sep) $33,750,758.61 $746,361.20 2.2

% $786,422.15 2.3

% $1,727,147.18 5.1

%

2015 - 4th (Oct - Dec) $128,705,237.51 $5,192,406.09 4.0

% $3,735,985.51 2.9

% $8,272,777.78 6.4

%

2016 - 1st (Jan - Mar) $106,629,355.93 $2,931,844.06 2.7

% $4,970,857.20 4.7

% $8,007,234.96 7.5

%

2016 - 2nd (Apr - Jun) $174,007,892.66 $12,073,484.95 6.9

% $7,684,688.08 4.4

% $13,390,813.28 7.7

%

Reporting Period Total $443,093,244.71 $20,944,096.30 4.7

% $17,177,952.94 3.9

% $31,397,973.20 7.1

% Total to MBE/WBE 8.6%

Total to MBE/WBE/ESB 15.7%

Summarize efforts used to encourage the use of minority and women-owned firms on state-

funded projects.

Highway Construction Contractor Submitted Diversity Plans: For state funded

construction projects, ODOT requires the awarded prime contractor to submit a project

Diversity Plan before commencing on-site work. The diversity plan requires the prime to

identify past and planned workforce and small business utilization by the prime. The

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/dbe_rpt_acp.aspx

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prime is also required to identify any supportive services, such as mentoring, it will offer

to small, minority-owned, and women-owned businesses during the course of the project.

Highway Construction Small Business Aspirational Targets: For state funded projects

over $500,000, ODOT also sets MWESB Aspirational Targets. The aspirational targets

are not a condition of contract award. Rather, the targets represent the level of minority-

owned, women-owned, and emerging small business participation the agency has

determined is reasonably achievable in the type of work and locality of the project.

Contractors are encouraged to meet the targets. The contract special provisions for the

Contractor Submitted Diversity Plan requirement and the MWESB Aspirational

participation are available at:

http://www.oregon.gov/ODOT/HWY/SPECS/Pages/manuals_forms_etc.aspx#Publicatio

ns

ODOT Small Contracting Program: The primary goal of the Small Contracting

Program (SCP) is to provide a contracting mechanism for outreach to business entities.

As an adjunct to this goal, ODOT staff will provide a mentor relationship with these

companies, working with them to gain the skills required to be successful in contracting

opportunities with ODOT. The Small Contracting Program is made up of three divisions:

(1) Architectural and Engineering and Related Services; (2) Construction; and (3) Other

Services to include Non A & E Personal Services and Trade Services. More information

about the program is available at:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/scp_program.aspx

Emerging Small Business Program: The ESB Program is a statutorily required program

and consists of three separate sub programs called the ESB CostShare Program, the ESB

Small Business Management Program and the Program-Specific Mentor Protégé

Program. More information about the program is available at:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/sbe/esb/esb_program.aspx

Oregon Small Business Initiative (OSBI): The Oregon Department of Transportation

(ODOT), the Oregon Association of Minority Entrepreneurs (OAME), and the Oregon-

Columbia Chapter of the Associated General Contractors (AGC) have joined forces to

create the Oregon Small Business Initiative. Today’s infrastructure projects are more

difficult and technical than ever before, and the initiative was created to improve the

capability and capacity all contractors working on ODOT projects, including primes;

subcontractors; and minority, women, and emerging small businesses (MWESB). The

initiative will accomplish this through several means: training for MWESB contractors

on general business subjects, such as estimating and bidding, certified payroll, and cash

flow management, with additional ODOT-specific information that could include training

with specific prime contractors; training for prime contractors that could include

diversity, mentoring, and small business issues; and facilitating networking between

MWESB and prime contractors. See the OSBI webpage on the AGC website:

http://www.agc-oregon.org/education-and-training/oregon-small-business-initiative/

List outreach activities took place during the reporting period.

http://www.oregon.gov/ODOT/HWY/SPECS/Pages/manuals_forms_etc.aspx#Publications

http://www.oregon.gov/ODOT/HWY/SPECS/Pages/manuals_forms_etc.aspx#Publications

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/scp_program.aspx

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/sbe/esb/esb_program.aspx


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Outreach and Networking: The following is a non-exhaustive list of Small Business

outreach and networking events ODOT Office of Civil Rights supported during July 1

2015 – June 30, 2016 reporting period. The Agency intends to support the same or

similar events during the ensuing year:

o ODOT – AGC Annual Conference

o ODOT – ACEC Annual Partnering Conference

o ODOT – ACEC “Meet the Primes” (connecting A&E prime and sub-consultants)

o Minority Business Executive Program at UW Foster School of Business

o Business Development Institute (BDI) hosted Minority Enterprise Development

(MED) Week: networking events and awards luncheon

o Oregon Association of Minority Entrepreneurs (OAME), monthly contractor’s

meetings

o OAME Annual Tradeshow

o Hispanic Heritage Celebration Dinner – Portland

o Hispanic Heritage Month Breakfast - Salem

o DJC Women's Business Expo & Conference - Portland

o Memorial Cup - Wilsonville

o DJC DMWESB Top Projects Dinner - Portland

o Asian-American Pacific Islander (AAPI) Appreciation Award Banquet - Portland

o Expo Negocio – Salem

o Martin Luther King Jr. Breakfast - Portland

o Annual Latino Small Business Conference - Salem

o Our Native American Business Enterprise Network (ONABEN) Trading at the

River Conference and Trade Show – North Bend

o Governor's Marketplace - Salem

o National Association of Women in Construction (NAWIC

o North West Utility Contractors Association (NUCA) - Portland

Education and Training:

List the training opportunities made available to DBE firms.

Events Pages: The Office of Civil Rights has a dedicated Events webpage where small

businesses can find a list of relevant upcoming networking and training events:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/events.aspx

Additionally, as part of the Oregon Small Business Initiative, AGC and OAME post

shared upcoming networking and training opportunities on their respective webpages.

Data Systems:

What type of data tracking systems are used by the DBE Program?

Civil Rights Compliance Tracking (CRCT) Database: CRCT is an in-house database

built to store and organize project data and track civil rights programs compliance. This

system provides tracking and reporting capabilities on companies, including DMWESB

firms, who bid or respond on projects and the tracking of actual utilization. It also

captures amounts paid to all contractors, generates the Federal semiannual report and

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/events.aspx


http://oame.org/default.cfm

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tracks Equal Employment Opportunity (EEO) and On-the-Job Training (OJT)

information as well.

Additional details about DBE program data tracking are available in ODOT’s DBE

Program Plan. See Sections 5.2.C. DBE Activity Reporting Forms and 7.1 Civil Rights

Compliance Tracking System (CRCT) available at:

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/dbe_prog_plan.aspx.

Title VI/Environmental Justice:

What review procedures are in place to ensure subcontract agreements, first and second tier,

material supply and equipment lease agreements contain the required Title VI contract

provisions?

The FHWA Form 1273 - Required Contract Provisions Federal-Aid Construction Contracts,

which includes the Title VI contract provisions, is physically included in every ODOT

federally-funded contract. Our Contractor Request for Subcontract Consent form (734-1964)

has a box the contractor checks certifying that the Federal Form FHWA 1273 as well as a

DBE Policy Statement are a part of the subcontract. Agency Project Manager staff review

each request for subcontract consent to ensure this is requirement is met before they approve

the request.

Looking Forward:

List any significant accomplishments, and/or action items for the upcoming year.

Supportive Services: The Office of Civil Rights supports efforts for the development of the

capacity and capability of firms that are ready, willing, and able to work with ODOT in prime or

sub-contracting roles. Many of the services provided include joint efforts with private and public

agencies to meet the diverse needs of public contracting. The following is a non-exhaustive list

of Small Business Supportive Services and other training initiatives that ODOT Office of Civil

Rights supported during July 1 2015 – June 30, 2016 reporting period. The Agency intends to

support the same or similar training opportunities during the ensuing year:

A) Business Development Program

ODOT is committed to developing an effective DBE Business Development Program (BDP).

The program will leverage existing and new relationships with appropriate for-profit and non-

profit business supportive services providers, including, but not limited to the Oregon Small

Business Development Center Network (OSBDCN) and the USDOT NW Small Business

Transportation Resource Center (SBTRC).

The following mandatory items will be tracked by the BDP team facilitator: A monthly report

will be submitted to ODOT. This report will identify the business’s participation in services,

goals and objectives that are in progress and to what degree they are complete, changes in the

business prequalification limits and will track success in securing new and the completion of

subcontracting work.

* Starting Assessment of Firm (strengths and challenges) 1:1 – assessment completed by a

http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/Pages/dbe_prog_plan.aspx

http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Pages/HwyConstForms1.aspx#A_C

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facilitator. Assessment will include at a minimum, access to finance and bonding; available

human resources; existing capabilities and equipment related to work type; existing capabilities

and processes related to business management; overall business development needs.

* Customized Business Development Plan– Assistance for the development of this plan will be

provided by a business advisor as a contracted service. Each business will develop specific and

unique action plans with measurable outcomes and set objectives they will work towards

meeting. These objectives and outcomes will be assessed in an ongoing manner with the BDP

team.

* A business plan will be in place within 3 – 6 months of starting program that is tailored to

assessment results.

* Yearly Assessment of Firm - assessment of areas of growth, strengths and challenges will be

completed by the BDP team facilitator. This assessment will ideally be completed by the same

facilitator that completed the initial assessment.

B) Purpose Statement

The purpose of ODOT’s DBE Supportive Services Program is to assist minority, disadvantaged,

and women business enterprises to ability to build capacity and compete for contracts within

Oregon’s transportation contracting industry, including construction, professional and other

related services. DBE/BDP participants will receive opportunities to participate in business

development, mentoring, and educational programs to assist in building business capacity and

attend technical assistance, training, outreach and networking events to increase participants’

competitiveness in transportation contracting.

C) ODOT DBE Supportive Services Program Scope of Work

ODOT plans to achieve the DBE Supportive Services Program purpose by funding four program

components, three of which will be offered only to Oregon-certified DBEs and one of which will

be geared toward all small businesses.

1. DBE Business Development Program

The ODOT DBE Business Development Program (BDP) will be offered and available to DBE

small businesses through an existing Intergovernmental Agreement ODOT has with the Oregon

Small Business Development Center Network (OSBDCN).

The OSBDCN, the Portland Community College Climb Center (PCC Climb) and other

contracted services will provide support and advising to participants in business areas that are

challenges. The BDP is designed to address the most urgent needs of DBE participants. The

program will also serve as a bridge to further participation in mentoring and small business

management training.

The BDP will be provided to Oregon certified DBE construction contractors, architecture and

engineering contractors and other professional services firms engaged in USDOT-assisted

contracting. Both DBE prime and subcontractor firms will be recruited and encouraged to

participate. Recruited firms will be pre-assessed for their readiness to participate in the BDP.

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ODOT will enter into a written agreement with participating DBE businesses committing to a

two year BDP.

Participants: Each of the 8+ BDP Teams will consist of 1) DBE participant; 2) BDP team

facilitator; 3) ODOT representative; 4) Prime contractor/ consultant representative; 5) support

services as indicated by business assessment and business plan.

2. Port of Portland Mentor Protégé Program (DBE)

In 1994, the Port of Portland undertook an assessment to determine why small minority- and

women-owned businesses were not participating in Port projects. The following five barriers

were identified: (1) Ineffective working relationships between small minority- and women-

owned businesses and prime contractors; (2) Poor access to job notification; (3) Inability to

accommodate size of work; (4) Inability to secure adequate financing; (5) Inability to secure

adequate bonding. The Mentor Protégé Program evolved as a solution. An advisory board was

formed, mentors were recruited and, in 1995, the program’s first group of protégés was selected.

The Port of Portland Mentor Protégé Program has since become a national model for several

agencies, organizations and national efforts, including the Small Business Administration,

Associated General Contractors, and Vice President Gore’s Business Mentoring initiative.

Participants: 3 DBE firms registered for FFY 2016

3. U.W. Foster School of Business Minority Business Executive Program (DBE)

This accelerated one-week intensive program is designed to assist minority and women business

leaders face current and future business challenges. The MBE program utilizes interactivity

through a combination of lectures, discussions, guest speakers, panels, interactive simulations,

team exercises, and self-assessments. Participants will gain knowledge, tools, and a valuable

network to help them achieve their business goals. The key topic areas of this program are:

Finance and Accounting, The Innovation Value Chain, Leadership, Brand and Marketing

Strategy, Strategic Thinking, and Human Resource Management.

Participants: 4 DBE firms planned for FFY 2016

4. Small Business Outreach, Networking, Educational, Technical Assistance and other Training

(Examples: MCIP workshops, Albina Opportunities Quarterly Small Business Trainings, NW

SBTRC Bonding Education Program, BDI Breakthrough Breakfasts, MED Week, Hispanic

Chamber Small Business Fair, etc.)

Each year ODOT purchases booths and attends outreach and training events hosted by various

stakeholders, including small business groups, women’s organizations, and minority chambers of

commerce. ODOT posts information about these small business outreach and training events on

the OCR events website and sends email notices to certified DBEs, and other small business and

industry stakeholder groups.

Participants: Numerous DBE and other small business participants.

The Office of Civil Rights Small Business Program Manager will be the person responsible for

ensuring the goals, objective, performance measures, are accomplished by the BDP service

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providers. The Program Manager will be assisted with administrative data entry/ tracking and

support service. All report signatures will be given by the OCR Small Business Program

Manager.

The DBE Program Manager will be the DBE technical advisor to the program. The DBE

Program Manager will submit initial and ongoing reports to FHWA.

Partnerships

Current and/or anticipated partnerships with established programs:

* SBTRC – Bonding Education Program

* OSBDCN – Oregon Small Business Development Center Network (OSBDCN)

* PCC CLIMB Center – OSBDCN Portland Community College Center; Continuing Learning

for Individuals, Management and Business (CLIMB): ODOT Small Business Management

Courses, Small Business Symposiums, etc.

* Port of Portland – Mentor Protégé Program

* Business Diversity Institute – Breakthrough Breakfasts, MED Week, Workshops

* Connect2Oregon Events/ workshops – C2O statewide multi-agency outreach and education

workshops in partnership with DAS, Business Oregon, BOLI, GCAP, SBA, OSBDCN, etc.

* Oregon Association of Minority Entrepreneurs (OAME) – workshops, trainings, tradeshows,

networking events.

* Salem Capitol Connections – Networking events and workshops.

* Government Contracting Assistance Program (GCAP) – workshops and networking events

* Oregon Department of Veterans Affairs – Veterans Business Opportunity Showcase annual

conferences and workshops.

* Turner School of Construction Management

* University of Washington Foster School of Business – Minority Business Executive Program

Civil Rights and Labor Compliance Workshops – ODOT Construction Projects: Each year

ODOT civil rights and labor compliance staff collaborate with the Oregon Bureau of Labor and

Industry (BOLI) to bring construction project training workshops to Contractors and

Subcontractors (including DBE subcontractors) who work or are considering working on ODOT

projects, Local Agency Partners, Consultants, and agency project contract administration staff

around the state.

The workshops are intended to improve understanding of compliance with ODOT’s

construction project civil rights programs requirements and Oregon’s prevailing wage

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rate laws. The following information is covered:

o ODOT and BOLI payroll forms explained - what information is needed and

where.

o BOLI will cover the prevailing wage rate law requirements for contractors and

subcontractors will be covered.

o Where to find current DBE, EEO and OJT forms and what these programs require

for compliance.

o Other tools and resources and an opportunity ask questions of the Agency and to

network with other contractors.

DBE Availability Update Report: DBE Availability. As a part of the 2015 Disparity Study,

Keen Independent compiled a master availability database and calculated the relative availability

of current and potential DBEs on a dollar-weighted basis. This analysis produced an availability

figure of 15.84% for ODOT’s FHWA-funded transportation contracts.

Master Availability Database. Keen Independent developed a master availability database by

contacting thousands of firms through telephone and online surveys to collect information about

availability for ODOT and local government contracts. The firms contacted for the database

came from sources including but not limited to:

Companies that had previously indicated their interest in ODOT or transportation-related

work by registering with the Oregon Procurement Information Network (ORPIN) or ODOT’s

electronic Bidding Information Distribution system/database (eBIDS); or by bidding on or

performing work on ODOT or local agency transportation contracts.

Businesses listed on the state directory of certified firms.

Businesses that Dun & Bradstreet (D&B) identified in certain transportation contracting-

related sub-industries in Oregon or Southwest Washington (D&B’s Hoover’s business

establishment database). (D&B’s Hoover’s database is accepted as the most comprehensive and

complete source of business listings in the nation.)

The study team completed surveys with 7,119 Oregon businesses. After consolidating duplicate

responses and removing companies that are no longer in business, not-for-profit, unable to

perform highway-related work, or uninterested in discussing availability for ODOT work, the

final database contains 1,639 businesses out of which 446, or 27%, are minority- or women-

owned (MBE or WBE).

The 27% figure represents a simple “head count” of MBE and WBE firms, and is only the first

step in calculating the DBE availability base figure. The availability calculation is further refined

by dollar-weighting and by removing any MBE or WBE firms that are ineligible to become DBE

certified from the potential DBE count.

DBE Annual Goal Proposed: The Oregon Department of Transportation (ODOT) has proposed

an overall Disadvantaged Business Enterprise (DBE) goal for its Federal Highway

Administration (FHWA) funded contracting of 11.6% for federal fiscal years (FFYs) 2017

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YOUR RIGHTS UNDER TITLE VI OFTHE CIVIL RIGHTS

ACT

The Oregon Department of Transportation (ODOT) complies with Title VI and the other federal nondiscrimination statutes which prohibit discrimination based on race, color, national origin, age, disability, or gender in ODOT’s programs, activities, services, operations, delivery of benefits, or opportunities to participate.

In an effort to provide equitable access, ODOT provides accessibility aids, translation, and interpretation services for all public events and vital documents free of charge upon request. These services can be obtained by providing reasonable advance notice.

- Need assistance or information? - Require translation of another ODOT publication? - Require interpretation for an ODOT event or activity? - Requesting an aid to improve accessibility to a public event? - Believe you’ve been discriminated against?

Please contact the ODOT Office of Civil Rights:

Title VI Officer

[email protected]

Toll Free (855) 540-6655

TTY 711

Internet Relay: http;//www.sprintip.com

FAX (503) 986-6382

This notice is required by the Title VI of the Civil Rights Act of 1964, Executive Order 13166 on

Limited English Proficiency and Executive Order 12898 for Environmental Justice.

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