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• The $500,000 minimum is no longer in effect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