Marion County Public Works Federally Funded Transportation Program Title VI Annual Accomplishment Report Fiscal Year 2014/15
Marion County Public Works Department Introduction The Marion County Department of Public Works, Engineering Division, Capital Projects Section administers federal aid projects as a conditionally certified local public agency (LPA). Once the Master Certification Agreement is signed Marion County will be a fully certified LPA in: Preliminary Engineering; Direct Appointment Consultant Selection; Advertisement, Bid and Award; and Construction Contract Administration. Additionally, the capital projects section is pursuing certification in Formal and Informal Consultation Selection. The county has projects totaling $20,318,319 programmed in the current Statewide Transportation Improvement Program (STIP). The following table lists the federal aid projects with phases that are authorized: Project Delaney Road Sidewalks and Bike Lanes (City of Turner) Cordon Road Left Turn Lanes (Marion County) St Louis Road Rail Crossing Safety Project (Marion) Brown Road: Arizona Avenue San Francisco Drive (Salem) Jefferson Marion Hwy: Marion Creek Bridge Replacement Silverton Road: Little Pudding River Bridge Replacement Marion County Ferry Boat Program Phase Right-of-Way Construction Prelim. Engineering Construction Prelim. Engineering Prelim. Engineering Prelim. Engineering The Oregon Department of Transportation (ODOT) requires that certified LPAs with a population of at least 200,000 have a Title VI Plan documenting compliance with Title VI provisions of the Federal Civil Rights Act of 1964. Marion County s Title VI Plan for federal aid highway projects was approved on January 23, 2013 and this is the second Title VI Annual Accomplishment Report that Marion County has prepared for the ODOT Office of Civil Rights (OCR). The purpose of this report is to document the county s compliance with Title VI requirements and to discuss its accomplishments during the past year. Organization / Staffing Changes The overall organizational structure of the Public Works department has not changed in fiscal year 2014/15. The development and administration of federally funded transportation projects continues to be the responsibility of the engineering division under the direction of the county engineer. The capital projects section, which oversees individual projects, is comprised of a capital project manager, three project engineers, two senior engineering technicians, three engineering technician 2s, and one department specialist 3. Each project engineer may act as a project manager for federal aid projects and each technician may act as a lead inspector on a federal aid project. Marion County incorporates Title VI requirements into all phases of the federal aid Process, including preliminary engineering, right-of-way, and construction administration. Marion County Public Works Department Page 2
Title VI Education and Training The capital projects section provides Title VI education and training opportunities for employees, contractors, and consultants. This year, three engineers, three engineering technicians, and one department specialist attended an internal Title VI training. Instruction was provided by the county engineer who used a Federal Highway Administration (FHWA) Title VI tutorial and a civil rights video as education materials. Employees were asked to provide feedback on the training in order to develop lesson plans to use for the entire department. Public Works staff also attended two external training events that were hosted by the Oregon Department of Transportation and the Bureau of Labor and Industries (BOLI). Thirty-nine contractors and subcontractors were invited to training events. On August 20, 2014, three engineers, an engineering technician, and a department specialist attended the ODOT Civil Rights Requirements for Certified Local Public Agencies when Contracting on FHWA Projects training. The department specialist attended the BOLI Prevailing Wage Rate Seminar for Public Agencies training on February 10, 2015. Contractors were also referred to the ODOT Labor Compliance and Civil Rights training on May 13, 2015. Complaints Marion County Public Works received no formal or informal Title VI complaints for this reporting year. Two union representatives contacted Public Works to request certified payroll reports for a federally funded construction project in order to verify employee apprenticeship status, but no complaint was filed or indicated. Several complaint documents were created this year, including the Title VI Annual Log of Complaints. In an effort to provide a clear venue for Title VI complaints, Title VI complaint forms are now available at the front desk, on the Public Works website, and from engineering technicians who inspect construction projects. Information on county Title VI complaint policies is available in the Title VI Plan and the Title VI Annual Accomplishment Report that are also posted on the website. These documents are considered to be vital Title VI information, so Spanish versions of the Title VI Plan, Title VI Annual Accomplishment Report, and Title VI Complaint Form are now posted on the Public Works website. Title VI Implementation Program or Project Development (Planning) Transportation Planning efforts at Marion County involves maintaining and updating all transportation system plans, identifying and prioritizing program and project needs, project selection, land use and transportation coordination, coordination with other agency efforts (including cities, ODOT and Metropolitan Planning Organizations (MPO s)), and seeking grant funds for project opportunities. Supporting Title VI and Environmental Justice goals during these long-range planning activities helps to ensure that projects that move ahead to design and construction have addressed the necessary provisions to meet civil rights requirements. Marion County Public Works Department Page 3
The Marion County Rural Transportation System Plan has not been updated in the reporting year and no additional formal public outreach activities have taken place. Grant applications submitted for project funds during the reporting year fall into three categories: Local Bridge Program, Transportation and Growth Management (TGM) Program, and All Roads Transportation Safety (ARTS) Program. Three applications were submitted on July 31, 2015 for bridge funds, one for a bridge replacement and two for scour mitigation projects. None of these proposed projects were deemed to have Title VI or environmental justice implications from the standpoint of repairs to existing infrastructure at the project planning level. On June 12, 2015, Marion County submitted a TGM application for funds to develop a Kuebler Boulevard/Cordon Road/Hazelgreen Road Corridor Study and Management Plan. One of the components of the application was to certify that the proposed project will have no disproportionate or unique impact to minority persons. ARTS application processes were data driven, and were oriented toward systemic, lower cost improvements designed to address fatal and serious injury crash rates. Project selection was driven by these factors and as such, did not generate projects that had identified impacts with regard to Title VI or environmental justice issues at the planning level. On March 30, 2015, two applications were submitted for ARTS systemic improvements, one involving centerline rumble strips, and one addressing horizontal curve signing on three county roads. On April 9, 2015, four applications were submitted for ARTS hotspot improvements. Two were for various signing and rumble strip enhancements and two were for left turn refuge construction at high crash locations. Design Engineering and Environmental Activities Marion County Department of Public Works evaluates all federal aid highway activities for compliance with the Civil Rights Act during the design and environmental review phase of each project. At the beginning of this phase, U.S. Census Bureau demographic information is used to determine the presence of minority populations. At the recommendation of ODOT OCR, Oregon School System data was used to more accurately assess translation requirements. If an environmental impact statement (EIS) or assessment (EA) is required for a project, Public Works has policies in place to consider project impacts on minority communities. No EIS/ EAs were conducted for this reporting year. In the 2014-15 reporting year, Marion County hired several consulting firms to conduct environmental studies and archeological surveys. The county awarded one direct appointment contract for Quality Control Compliance Specialist (QCCS) services to David Evans and Associates and held design contracts with David Evans and Associates, Ch2M Hill, and OBEC. Although no Disadvantaged Business Enterprise (DBE) or Women Business Enterprise (WBE) firms were hired Marion County Public Works Department Page 4
for the last reporting year, Marion County is now certified in Direct Appointment and can consider taking steps to go directly to DBE and WBE firms or encourage the use of DBE and WBE sub-consultant firms in consultant contracts. Once all required environmental studies and permits are approved, the project engineer uses demographic data to estimate translation requirements for each project. Public meetings are scheduled at an accessible location and time, and translation services are provided upon request. Meeting invitations are mailed to residents and they are posted with the Statesman Journal newspaper and on the Public Works website. This year, the capital projects section hosted one public meeting for the Delaney Road project on August 6, 2014 at the Turner Fire Training Hall. Meeting flyers were mailed to 155 stakeholders and translation services were not requested. The attendance sheet template has been modified to collect voluntary Title VI demographic information at meetings. The project engineer often sends mailings and notices with project schedules and general updates to landowners. Two notices were sent during project design phases for this reporting year; a Cordon Road Project Delay Notice was sent on July 8, 2014 and a Delaney Road Survey Notice was sent on July 18, 2014. Notices were mailed to 209 stakeholders and they were also posted on the county website. Translation services were offered in Spanish on notices. Right-of-Way Activities Marion County ensures that only qualified appraisers and acquisition agents familiar with federal requirements appraise and acquire right-of-way on behalf of the county. Marion County continues to provide equal opportunity in the acquisition of contracted services by using ODOT Procurement Policies and Marion County Procurement Policies as guideline documents. During the right-of-way phase, Public Works staff work directly with landowners and renters to discuss right-of-way acquisition, which can include project impacts, negotiation, relocation and even eminent domain proceedings. The engineering division follows established policies and procedures to ensure compliance with the Uniform Relocation and Assistance Act and Title VI during throughout the right-of-way acquisition process. The county acquired temporary and permanent easements for the Cordon Road and Brown Road projects for this reporting period. There was a permanent easement with a landowner on the Cordon Road project and there were 25 temporary construction easements with landowners on the Brown Road project. No property or interests were acquired through eminent domain proceedings. If landowners are relocated as result of right-of-way acquisition, the county provides copies of ODOT relocation literature and Marion County Public Works Title VI compliance assurances. A voluntary reporting form was created for relocatees to provide data on race, color, sex and national origin. There were no landowners relocated during this reporting period. Marion County Public Works Department Page 5
Typically, the Public Works right-of-way agent coordinates all aspects of the right-of-way acquisition process; however, due to a staff transition, a consultant and qualified staff from Lane County have been hired to provide various right-of-way functions until Public Works hires a new right-of-way agent. Lane County was the only qualified appraiser hired during this reporting period. County staff ensured the consultant and Lane County staff implemented Title VI policies and procedures as stated in the Title VI Plan. The consultant coordinated during onsite and phone meetings with Spanish speaking and Russian speaking landowners to discuss right-of-way acquisition as needed for current projects. Although the consultant offered these translation services, the landowners provided translators for each meeting. The consultant also tracked data on minority and female appraisers, as recommended by ODOT OCR. In addition to the U.S. Census Bureau demographic studies that Public Works typically uses to determine the presence of minority populations, Oregon School System data was used to more accurately assess language translation requirements for each project. The county used this demographic information to anticipate translation requirements at the Delaney Road public meeting on August 6, 2014 at the Turner Fire Training Hall. Right-of-way discussions were a part of this presentation and agenda. County staff translated ten right-of-way forms into Spanish and sent these forms to two landowners during this reporting period. Forms were also translated to Russian for one landowner on the Brown Road project. Public Works hired the company Linguistics Live for Russian translation services and these forms can now be used as templates to reduce ongoing translation costs. Marion County has succeeded in adding Title VI language into all assurance statements and written documents, with one item that still needs to be addressed. Exhibit B of the Title VI Plan will need to be updated to correctly reflect the fact that Marion County typically acquires rightof-way as public roadway easements rather than as a fee purchase of actual land. The county engineer and the county surveyor will finalize Title VI assurances for deeds, permits, and leases that are better aligned with county procedures during the next reporting period. Right-of-way staff will also be invited to internal and external Title VI trainings for the next reporting year. Construction and Maintenance Activities Project engineers, engineering technicians, and the department specialist track civil rights compliance during the construction phase of each federally funded project. Marion County staff work closely with contractors, property owners, vendors, and ODOT to achieve nondiscrimination in all construction and maintenance activities. Each federally funded project is assigned a DBE goal by ODOT OCR, even if it is 0%. The county encourages the use of minority and women owned firms with the DBE goal that ODOT establishes for each contract and through general Title VI outreach efforts during the reporting year. This goal is stated in project special provisions, bid announcements, and project advertisements. Once the contract is awarded, the award letter includes Title VI language and Marion County Public Works Department Page 6
encouragement to use DBE subcontractors and vendors. All award letters included Title VI language during this reporting period. For each project, the prime contractor submits subcontracts and the project engineer reviews them to verify that DBE goals are being met. For this reporting period, two projects had DBE goals that were greater than 0% and all DBE subcontracts were approved. There was one DBE prime contractor and eight DBE subcontractors utilized during this reporting period. Once construction begins, staff tracks civil rights compliance through the following forms: Monthly Employment Utilization Report, Summary Report of Subcontractors Paid, On-the-Job Training Program, Work Plan Proposal (3A), and Commercially Useful Function (CUF) Report. During this reporting year project managers reviewed and approved a total of eight CUFs and seven 3A Work Plans for construction projects. All Marion County construction and maintenance operations are closely monitored by project engineers, inspectors, or work supervisors to ensure non-discrimination. All construction notifications include staff contact information for translation services or accommodation needs. When translation services are requested, select staff or contracted linguistic services translate conversations and written material to provide information on construction projects. On one occasion, a notification was translated into Spanish so that all residents received time sensitive information. In total, the section distributed six construction notices for federally funded projects to 940 residents. Notices were posted on the Public Works website and they were also sent to emergency services contacts through the Public Works notification system. Engineering technicians carry Spanish and English Title VI Complaint Forms in their service vehicles in the event they are needed by any contract employee or citizen who feels they may be a victim of any form of civil rights violation. The capital projects section documents Title VI compliance during the construction phase through annual data collection. In 2014, a Title VI checklist was created to monitor progress toward Title VI goals. The section also used the ODOT Civil Rights tracking log and a prevailing wage tracking workbook to monitor civil rights compliance. In this reporting year, the OCR conducted and approved two audits on the Ward Drive project and one audit on the Auburn Road, Meridian Road and Wipper Road projects. The ODOT DBE Tracking Reports listed Marion County in compliance with civil rights requirements for this reporting year. Accomplishments During the 2014-15 reporting year, the county established translation services for individuals beyond the AT&T Language Line. Three employees can provide written and verbal Spanish translation services and one employee can provide French translation services. There is also a list of local businesses that provide translation services that the department can use if other languages are requested. Marion County Public Works Department Page 7
As recommended by the ODOT OCR, the engineering division identified several vital documents to translate and staff created a clear venue for this information. The Title VI Plan, Title VI Annual Accomplishment Report, and Title VI Complaint Form have been translated into Spanish and they are currently posted on the Public Works website. English and Spanish Title VI Complaint Forms are also available at the front desk and with engineering technicians at construction sites. In the 2014-15 reporting year, the capital projects section made significant progress towards becoming a certified LPA. This includes compliance with federal aid project civil rights and Title VI requirements. All test projects are currently approved for civil rights and labor compliance requirements. The county is now reviewing and preparing to execute the Certified Agency Master Agreement. Lessons Learned The capital projects section learned to conduct thorough preconstruction meetings that include all Title VI information and relevant contact information so that contractors are informed of reporting requirements. Staff also learned to work closely with contractors during project construction so that required Title VI documents are accurate and complete. The engineering division learned that the Title VI Plan, Exhibit B does not list assurances that are aligned with Marion County s road right-of-way procurement policies. The county engineer and county surveyor will prepare revised assurances and the Title VI Plan will be amended. Goals for the Upcoming Year 1. Continue to increase the number of available documents and forms in Spanish, in particular. Post translated documents on the Public Works website. 2. Research the possibility of adding Google Translator to the Public Works Engineering website pages. 3. Create a PowerPoint Title VI lesson plan to annually present to all of Marion County Public Works employees. Update the PowerPoint with new content and lesson plans for each year. 4. Amend the Title VI Plan so that assurances listed in Exhibit B will more accurately reflect that Marion County acquires right-of-way in the form of roadway easements. Also amend the authorities listed in section VII.D.4. Also update staff positions that reflect current staff assignments. Marion County Public Works Department Page 8