John R. Kasich, Jerry Wray,

Ohio Governor ODOT Director

Division of Opportunity, Diversity, and Inclusion

Learning Objectives

• Goal Setting

• New PN 013 Process

• Subcontract (C-92) Process

• Project Monitoring

• Good Faith Efforts

• Title VI/Nondiscrimination Program

• ADA/504 Program

Goal Setting

Goal Setting

• All DBE and EDGE projects are evaluated by theODOT Goal Setting Committee to determine thepotential and appropriateness of a goal

• All federally funded projects will be evaluated forgoal regardless of size

• The $500,000 minimum is no longer in effect

New PN 013 Process

New PN 013 Process

• ODOT’s LPA Program is transitioning to a new bidding (PN013) process for LPA projects

• There will be test projects for the new process in the 3rd Quarter of 2016 and the new process will be effective in the 4th Quarter of 2016

New PN 013 Process

At bid submittal:

• Prime Contractors are required to submit a DBEUtilization Plan

• DBE Utilization Plan identifies the DBE firms thePrime Contractor plans to use in order to achievethe DBE goal on the project

New PN 013 Process

Within five days of the Letting Date:

• Apparent Low Bidder is required to submit a DBEAffirmation Form that memorializes theagreement between the Prime Contractor and theDBE Firm

New PN 013 Process

• If they are unable to retain sufficient DBEparticipation at bid, the Apparent Low Bidder will berequired to submit its Good Faith Efforts made beforebidding along with the DBE Affirmations, if any,within the five day period

• If GFEs are accepted, the contract will be awarded

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

New PN 013 Process

New PN 013 Process

New PN 013 Process

• Once received from the Prime Contractor, theDBE Affirmation Forms are reviewed andapproved by ODOT Central Office

• The DBE Affirmation Forms are considered acommitment to ODOT by the Prime Contractor touse the DBE firms listed

• Once approved, ODOT will notify the PrimeContractor and the respective LPA of theapproved DBE Plan for the project

New PN 013 Process

Once a Project DBE Plan is approved, the PrimeContractor and its approved subcontractorDBE firms are expected to follow the approvedDBE Plan

Any changes to a project’s DBE Plan must beapproved in advance by ODOT’s Central Office

Subcontract (C-92) Process

Subcontract (C-92) Process

• After DBE Plan approval and before the start of work on the project, the Prime Contractor is required to submit the C-92s and the DBE subcontract agreements and/or purchase orders to ODOT’s Central Office

• The subcontract agreements and/or purchase orders for DBE Firms are to be reviewed by the LPA before sending to ODOT’s Central Office for approval

Project Monitoring

Project Monitoring

The LPA is still required to monitor the goal throughout the life of the project

The LPA is still required to monitor DBE performance and ensure CUF by DBE contractors

ODOT’s District Contract Compliance Officers will provide guidance and assistance when requested by the LPA

Good Faith Efforts

Good Faith Efforts

DBE FIRM PARTICIPATION

GOOD FAITH EFFORTS

DBE GOAL ATTAINMENT

Good Faith Efforts

Good Faith Efforts Guidance can be found atthe following link:

http://www.dot.state.oh.us/Divisions/ODI/SDBE/Pages/Resources.aspx

Good Faith Efforts

• Goal Waivers are NO LONGER Permitted.

• If the DBE goal on a project is not met, thePrime Contractor will be required to submitits GFEs utilizing the GFE Template alsolocated on the Resources webpage

• Once submitted, ODOT will send thedocumentation to the respective LPA for itsreview and recommendation

Good Faith Efforts

ODOT’s Central Office will make a final decision and impose sanctions, if appropriate

Title VI/Nondiscrimination Program

Title VI/Nondiscrimination Program

LPA Title VI/Nondiscrimination Program Responsibilities:

• Develop a process/policy to ensure compliance with Title VI

• Designate a contact person for the Title VI Program

• Develop a procedure to process Title VI complaints

• Develop a public involvement process that ensures everyone can participate in and benefit from publicly-funded projects, including minority, low-income and limited English proficient individuals/communities

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

ADA/504 Program

ADA/504 Program

ODOT Updates:

• Asset Inventory Project

�Updating ADA/504 Self-Evaluation and Transition Plan

• ODOT dedicated $2 million in its FY ‘17 budget for Facilities Deficiency Correction

ADA/504 Program

LPA ADA/504 Program Responsibilities:

• Webinar Series with LTAP kick-off September 27, 2016 at 10am.

• Overview of LPA responsibilities under the ADA including:

�Deficiency correction of facilities accessible to the public

� Roadways

� Intersections

� Sidewalks

� Traffic control devices

� Reporting Requirements

Questions

Version 1.0 … Last updated 9/7/2016 12:24 PM