Civil Rights Requirements on Federally Funded Construction Projects 2013

1. Civil Rights Requirements on Federally Funded Construction Projects2013

2. Mission & Vision Statements ODOT and Office of Civil Rights Missionand Vision Statements: OCR’s Vision To be a leader in the development of programs that increase opportunities for our workforce and small business stakeholders. ODOT’s Mission Oregon Department of Transportation is dedicated to a well-qualified, diverse workforce representative to the public it serves. Diversity is an ODOT strategic business value taking advantage of diverse, creative thinking, collaboration, and problem solving toward common State and Federal Transportation goals.

3. Objectives • Increase knowledge and understanding of Civil Rights Programs on Transportation Construction Projects • Program Purposes • Roles and Responsibilities • Required Forms • When and how to complete and review

4. Disadvantaged Business Enterprise (DBE) Title VI Compliance Equal Employment Opportunity (EEO) On-The-Job-Training (OJT)/Apprenticeship Programs OCR Programs Overview

5. Disadvantaged Business Enterprise(DBE) Program • DBE Policy created with intent to: • Ensure nondiscrimination on the basis of race, color, sex, or national origin • Create an equitable environment for DBEs to compete fairly for contracts and subcontracts • To share this policy with the business community Adhering to the DBE Program and policy is a CONDITION of FUNDING for USDOT-assisted (FHWA, FTA, FAA) contracts.

6. What is a DBE? DBE’s are small businesses that are at least 51% owned by: • Women or Minorities (Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans and Subcontinent Asian Americans) • Or other individuals on a case-by-case basis The DBE eligibility criteria is based on US DOT regulations, 49 CFR 26. Disadvantaged Business Enterprise (DBE) firms have contracting opportunities with recipients of federal transportation-related projects. Some of the recipients in this category include the Oregon Department of Transportation (ODOT), Tri-Met and the Port of Portland. Review application qualifications for free certification at the Oregon Office of Minority, Women and Emerging Small Business (http://www.oregon4biz.com )

7. DBE Work Plan Proposal (Form 3A) Required from all DBEs prior to DBE starting work. • Tells us how the DBE will perform work • Opportunity to identify and head off potential CUF issues • PM reviews, comments • FC reviews, comments • Identify potential CUF issues and provide to Prime & DBE • Try to correct problems before they happen • Baseline to compare CUF Review - Form 3B

8. CUF Reviews (Form 3B) • Performed by Inspectors. Process in place – Good tracking system to keep federal funding for ODOT projects. • Prime Contractor notifies Inspector when DBE will be on site. • Inspector performs at least 1 CUF review per season (see Construction Manual Chapter 18). • If there’s no compliant CUF record, we aren’t allowed to report the DBE payments to FHWA for credit toward committed and non-committed goals.

9. Summary Report of Subs Paid DBE utilization and sub payment data comes from the monthly summary reports. Subcontracts and monthly summary reports are how we track whether ODOT meets its annual DBE Goal (16.95% for FFY 2013) And, how we track whether a prime meets the contract goal. All DBE’s must have a subcontract to begin the tracking process.

10. DBE Compliance • Projects with contract goals • Prime Contractor submits with bid DBE Commitment Certification and Utilization Form 734-2785 (included in bid packet). • Prime Contractor within 10 days of Intent to Award submits Form 734-2531. • Termination/Replacement of Committed DBEs: • Prior written consent; • must be for “good cause” and • prime self-performing some DBE work is considered partial termination • Tightening Processes & Procedures • Ask FC for technical advice and assistance. • DBE Program forms are being updated.

11. Title VI Program • Purpose • Ensure nondiscrimination compliance within each program area activity. • “No personin the United Statesshall on the ground of race, color, or national originbe excluded from participation in, denied the benefits of, or subjected to discriminationunder any program or activity receiving Federal financial assistance” Civil Rights Act of 1964, (42 USC § 2000d).

12. Construction & Title VI Issues • Analyze Potential Impacts and develop mitigating measures. • Use information gathered in Planning and Project development to determine accommodation. • Federal-aid construction contracts should contain required contract provisions that prohibit discrimination. • Monitor project to determine required mitigation measures have been effectively implemented (e.g. safety through construction zones, noise and air impacts, employment and contracting goals). • Note the effects or changes that Title VI public involvement activities had on development or construction outcomes. • For example, complaints, suggestions, or comments that were made and how they were resolved or incorporated into the design. • Civil Rights Complaints

13. Title VI Complaint Process • Areas of Concern • Competitive bidding procedures. • Concerns raised by DBE’s regarding licensing, prequalification, subcontracting opportunities. • Procedure • Document nature and details (name, facts, basis) surrounding discrimination complaint. • Notify Field Coordinator of complaint and relevant information to launch investigation. • Collaborate with Field Coordinator to resolve complaint and circumvent escalation of complaint. • Field Coordinator alert Title VI Coordinator. • Title VI Coordinator Contact Information: (503) 986-3169

14. Equal Employment Opportunity (EEO) Program Program Purpose: • Ensure equal employment opportunity to all individuals regardless of: race, religion, gender, national origin, age, disability. • Investigate allegations of discrimination. • 23 CFR Part 230 • Educate contractors of what constitutes Good Faith Efforts for compliance.

15. EEO Requirements • Contained in and apply to all federal-aid contracts & subcontracts valued $10,000 or more. • FHWA 1273, Required Contract Provisions Federal-Aid Construction Contracts • Supplemental Required Contract Provisions; On-Site Workforce, EEO Provisions, EEO Aspirational Target Provisions, Affirmative Action Requirements for Women and Minorities. • EEO Reports & EEO Postings • Applicable to Prime Contractors and Subcontractors working on federal-aid projects. • EEO Compliance Reviews • Projects selected based on dollar value, geographic location, training requirements in contract, and/or past compliance problems. • On-site visit to audit recruitment, hiring, and training practices. • Employee interviews at the project site. • Determination of compliance measured by contractor’s affirmative actions described in FHWA 1273. • Compliance or non-compliance notification within 30 days.

16. EEO Requirements • EEO Program – Posting Requirements • Equal Employment Opportunity is THE LAW • This poster is available in both English and Spanish versions. • Poster needs to be up at the job site accessible to employees. • Inspectors should routinely check the poster is up at the beginning of projects. • Contained in and applies to all federal-aid contracts and subcontracts valued $10,000 or more.

17. EEO “It’s the LAW”-poster Find this poster at: http://www1.eeoc.gov/employers/poster.cfm

18. EEO Requirements • Annual EEO Report • Each July, Contracts and Subcontracts in the amount of $10,000 or more shall submit the Form PR-1391 found at: http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/forms.shtml • This notice is sent to the appropriate contractors by ODOT Office of Civil Rights. • Form must be sent to OCR in electronic format by specified date in August. • The data collected is reported to FHWA.

19. EEO Requirements

20. EEO Requirements • Electronic Monthly Employment Utilization Reports (EMEUR) • Required for all contractors and subcontractors to monitor both EEO and OJT/apprenticeship compliance. • Data used for compliance and reporting to FHWA, Governor’s Office, Legislature, and stakeholders, etc.

21. Forms Forms and instructions found at OCR website:http://www.oregon.gov/ODOT/CS/CIVILRIGHTS/forms.shtmland ODOT Construction Forms website:http://www.oregon.gov/ODOT/HWY/CONSTRUCTION/Pages/HwyConstForms1.aspx

22. External Civil Rights Discrimination Complaints • Employees of prime contractors or subcontractors may use ODOT’s External Civil Rights Complaint Form (731-0333) to file formal discrimination complaints. Any written format is acceptable. • PM’s have 3 days to resolve complaints. • If unresolved after 3 days, the complaint must be forwarded to Civil Rights for investigation.

23. On-the-Job Training (OJT)/ Apprenticeship Program • Program Purpose • To provide opportunities for skilled workers by offering training in the transportation construction trades. • To ensure skilled workers are available as a replacement workforce by offering training in the transportation construction trades. • Use affirmative actions to recruit for those positions from diverse applicants including women and minorities. • Program Overview • Number of hours is a bid item. • On-the-Job Training (in-house training programs) • In-House Training Contract (not project specific), adopted by contractor, approved by Agency/FHWA provides field/classroom trade specific experience under supervision of journey workers. Affirmative Action Program targeting women and minorities. • Apprenticeship • BOLI approved JATCs provide field/classroom trade specific experience under supervision of journey workers thru BOLI registered Training Agents. Race/gender neutral for applicable ODOT contracts.

24. OJT/Apprenticeship • OJT/Apprenticeship are referenced in the special provisions of ODOT contracts: • Federal OJT Training Special Provisions (Traditional) – phasing out • Reimbursable OJT/Apprenticeship Contract Provisions (ROA) as of July 1, 2011 • State Reimbursable Apprenticeship Contract Provisions • Prime Contractor is to submit a Training Program Plan at the pre-construction meeting, indicating how they intend to fill the contract requirement. Training can be subcontracted.

25. OJT/Apprenticeship Program Forms

26. ODOT OJT/Apprenticeship Specifications • Reimbursable • Set number of training hours to be performed on project • Race and gender neutral for Apprenticeship • Training Program Form • Apprentice/Trainee Approval Request Form • All apprentice/trainee hours count towards the goal • No Good Faith Efforts evaluated for credit towards goal for apprentices • OJT In-House Training Programs require Good Faith Efforts • Monthly Progress Records used for training reimbursement • Incentive/Disincentive process included in specification

27. Looking Ahead… • Internal Pre-cons • Additional electronic forms – early 2014 • Commercially Useful Function Report - Form 3B (CUF) • Summary Report of Subcontractors Paid • Training Program form • Apprentice/Trainee Approval Request • Apprentice/Trainee Monthly Progress Record

28. Field Coordinator Regional Coverage Areas

29. OCR Contacts and Website • Field Coordinators: • Region 1 – David Dixon – (503) 731-4560 • Region 2 – Paul Joiner, (503) 986-2834 • Region 3 + Klamath Falls - Christie Meacham, (541) 957-3698 • Region 4 – Julie Myers – (541) 388-6065 • Region 5 + The Dalles - Feather Sams Huesties, (541) 963-1575 • Program Managers: • Field & Business Support Manager, Angela Ramos, (503) 986-4353 • DBE Program Manager, Tiffany Hamilton, (503) 986-4355 • ESB Program Manager, John Downing, (503) 986-3016 • Title VI Coordinator Jessica Santiago, (503) 986-6557 • Office of Civil Rightshttp://www.oregon.gov/ODOT/CS/CIVILRIGHTS/