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2013 LPA Certification Course

2013 LPA Certification Course. Civil Rights Office Programs Theresa Savoy, Director Theresa.savoy@maine.gov 207-624-3042. Program Overview and Staff Disadvantaged Business Enterprises Program (DBE) Sherry Tompkins Equal Employment Opportunity (EEO) Gigi Ottmann - Deeves

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2013 LPA Certification Course

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  1. 2013 LPA Certification Course Civil Rights Office Programs Theresa Savoy, Director Theresa.savoy@maine.gov 207-624-3042

  2. Program Overviewand Staff • Disadvantaged Business Enterprises Program (DBE) • Sherry Tompkins • Equal Employment Opportunity (EEO) • Gigi Ottmann- Deeves • Davis Bacon Act wage requirements • Rick Stephens • Title VI and ADA • Theresa Savoy

  3. DisadvantagedBusiness Enterprises (DBE) Disadvantaged Business Enterprises (DBE) is a Federal Program designed to encourage the use of women and minority owned businesses on transportation projects. Maine seeks to meet DBE goal requirements through race neutral means so we do not require contract goals. DBE participation is only calculated on federally funded projects. Current goal is 4%.

  4. Equal Employment Opportunity Equal Employment Opportunity (EEO) is an effort to ensure sub recipients, contractors & subcontractors comply with the Federal laws and regulations that prohibit any entity seeking public funds from discriminating in employment. To ensure and monitor EEO, CRO is required by the Federal Highway Administration (FHWA) to conduct “Contractor Compliance Reviews” to monitor non discrimination efforts on several prime contractors & their subcontractors every season.

  5. Davis Bacon Act Wage Requirements Davis Bacon Act (DBA) requires that federally determined wage rates are required on all projects that use federal funding. State of Maine wages are required on projects using State only funds. In the instance that both Federal and State funds are used the Davis Bacon wage rates prevail.

  6. Title VI and ADA • Title VI of the Civil Rights Act of 1964 • “No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” • The American with Disabilities Act of 1990 (ADA) • is a civil rights statute prohibiting discrimination against people with disabilities in all aspects of life, including transportation, public services & public programs and must be abided by regardless of funding. Worksites must provide ADA Accessibility.

  7. What Discrimination Is Prohibited By Title VI? In operating a federally assisted program, the State cannot, on the basis or race, color, or national origin, either directly or through contractual means: • Deny program services, aids, or benefits • Provide a different service, aid, or benefit, or provide them in a manner different than they are provided to others • Segregate or separately treat individuals in any matter related to the receipt of any service, aid, or benefit

  8. Limited English Proficiency (LEP) • The federal government and those receiving assistance from the federal government must take reasonable steps to ensure that LEP persons have meaningful access to the programs, services, and information those entities provide. • Persons who do not speak English as their primary language and who have a limited ability to read, speak, write or understand English can be LEP.

  9. DBE Program – Why? • The DBE Program is a Federally mandated program to assist women, minority and disadvantaged small business owners in promoting their business and its services within the contracting community. • The purpose of this program is to attempt to level the playing field that has historically been unbalanced in the Highway and Bridge Construction Industry.

  10. Current DBE Goal • The DBE goal for this fiscal year is set at 4%. • This means that annually, 4% of the total Federally funded program dollars let by MaineDOT, which includes Construction, Consultant and Locally Administered projects, would be contracted/subcontracted to MaineDOT certified women, minority or disadvantaged small businesses.

  11. DBE Utilization Form

  12. DBE on-site documentation requirements: • The DBE Utilization form must be in the Resident on-site files. This form may be reviewed during visits by both the CRO and FHWA personnel. • If you do not have the Utilization Form for your project, you can contact the Civil Rights Office sherry.tompkins@maine.gov or at 624-3066or print from the website: http://www.maine.gov/mdot/civilrights/

  13. DBE on-site documentation requirements: • Once a DBE firm has a signed subcontract for the work to be performed on your project, a copy of the signed subcontract document must be in the on-site project files. • This document may also be reviewed during on-site visits from both the Civil Rights Office and FHWA personnel.

  14. Changes to DBE Usage • Changes to/replacement of a DBE subcontractor on your project should be reported to the Civil Rights Office by the Resident or their designee. • Changes made prior to the execution of a subcontract are of no consequence to the project or the Prime Contractor. This type of change does not require a change order.

  15. Changes after Contract Execution • Documentation of the change by the contractor after a contract is executed should be sent to the Civil Rights Office. • Changes should be handled through the department’s contracts section.

  16. What is Commercially Useful Function? • We must verify that the DBE firm named to work on your project is actually performing the services outlined in their subcontract with their own equipment and with their own workforce. Those services are what is called the Commercially Useful Function (CUF) of the firm. • We must verify that the employees of the firm listed are listed on the DBE company’s payrolls and not on another firms payroll.

  17. Commercially Useful Function (CUF)

  18. CUF Guidelines and Instructions: • The DBE CUF On-Site Review is a required process which tracks the use and performance of all DBE companies on your projects. • The DBE CUF On-Site Review form should be completed for every DBE company assigned to your project.

  19. When should CUF on-site review be completed? The CUF On-Site Review should be completed: • When the DBE is initially on the project and during the peak period of the DBE’s work • Whenever changes on the performance of the work will warrant its completion. • If a recognized DBE is employed on the project, but not listed on the Utilization form, conduct a CUF On-Site Review.

  20. CUF Guidelines and Instructions: • Response to questions on the CUF On-Site Review form should be completed as thoroughly as possible. Additional sheets should be used, if needed. The CUF On-Site Review should be completed by the Resident Engineer, or his/her designee. • Headquarters’ copy should be forwarded as soon as it is competed to the Civil Rights Office

  21. DBE Contact Information Sherry Tompkins Maine Department of Transportation Civil Rights Office #16 State House Station Augusta, ME 04333-0016 Tel: (207) 624-3066 Fax: (207) 624-3021 E-mail: sherry.tompkins@maine.gov

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