FFY Title VI/Nondiscrimination Annual Work Plan & Accomplishment Report

Transcription

1 FFY Title VI/Nondiscrimination Annual Work Plan & Accomplishment Report Civil Rights Division November 8, 2016

2 Table of Contents Introduction... 2 Civil Rights Office Organization: Title VI/Nondiscrimination Component... 3 Internal Monitoring Program... 5 Federal Program Area Reviews Conducted During FFY Results of Reviews Conducted During FFY FFY 2017 Goals... 6 External Monitoring Program... 7 Subrecipient Reviews Conducted During FFY Results of Reviews Conducted During FFY FFY 2017 Goals... 8 Title VI/Nondiscrimination Training Summary... 9 Title VI/Nondiscrimination Complaints Summary Special Emphasis Areas (SEA) Construction Division Design Division Environmental Affairs Division Maintenance Division Procurement Division Research and Technology Implementation Division Right-of-Way Division Traffic Operations Division Transportation Planning and Programming Division Environmental Justice Limited English Proficiency Action Plan (2017) Attachments Attachment 1 Title VI I-Team Meeting Agenda Attachment 2 Annual Questionnaires Attachment 3 Data Collection Memorandum Attachment 4 Limited English Proficiency Annual Report Memorandum Attachment 5 DES Data Collection Attachment 6 ENV Data Collection Attachment 7 RTI Data Collection Attachment 8 ROW Data Collection Attachment 9 TRF Data Collection Attachment 10 TPP Data Collection

3 Introduction The Texas Department of Transportation (TxDOT), as a recipient of Federal financial assistance and under Title VI of the Civil Rights Act of 1964 and related statutes, ensures that no person shall on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. 2000d-3), color, national origin, sex, age or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any Department programs or activities. This report updates the Federal Highway Administration (FHWA) Texas Division Office on an annual basis regarding how TxDOT is monitoring the implementation of the Title VI/Nondiscrimination Plan. In accordance with Title 23 Code of Federal Regulations (CFR) and FHWA s Title VI/Nondiscrimination Program, this report documents TxDOT s Title VI Program accomplishments for federal fiscal year (FFY) 2016 and goals for FFY

4 Civil Rights Office Organization: Title VI/Nondiscrimination Component This section contains the Title VI/Nondiscrimination accomplishments of TxDOT s Civil Rights Division (CIV) that are not included in the following sections: Internal Monitoring Program, External Monitoring Program, Title VI/Nondiscrimination Training Summary, Title VI/Nondiscrimination Complaints Summary, or Limited English Proficiency. Title VI Assurances In FFY 2016, the Standard DOT Assurances were signed by the new Executive Director and are located in TxDOT s FFY 2017 Title VI/Nondiscrimination Plan. Dissemination of Title VI Information In FFY 2016, CIV printed the Title VI brochures for Districts and Divisions (DDs) requesting this information. Copies of the brochures are located on TxDOT s Web site and in TxDOT s FFY 2017 Title VI/Nondiscrimination Plan. Title VI information available on TxDOT s Web site includes: An Overview of Transportation and Environmental Justice brochure (English and Spanish) Title VI and You brochure (English and Spanish) Complying with Limited English Proficiency Requirements in the Federal-aid Highway Program brochure (English and Spanish) TxDOT s Title VI/Nondiscrimination Technical Assistance Guide for Subrecipients TxDOT s Language Assistance Plan TxDOT s Title VI/Nondiscrimination Plan TxDOT s Title VI/Nondiscrimination Annual Work Plan & Accomplishment Report FHWA s Title VI/Nondiscrimination Program FHWA s Title VI/Nondiscrimination Compliance Review Program FHWA s Title VI Handbook FHWA s Title VI Desk Reference FHWA s Limited English Proficiency Desk Reference 3

5 Title VI Liaisons Personnel from program areas and each district serve as Title VI liaisons and are responsible for ensuring Title VI compliance in their respective area through policy development, procedures, and monitoring. The Title VI Interdisciplinary-Team (I-Team) is comprised of program area personnel and civil rights specialists. At the beginning of each fiscal year, CIV notifies each federal program area and the District Engineer in the twenty-five districts requesting the designation of one or two employees to serve as the Title VI liaison(s) for the fiscal year. For FFY 2016, there were eighteen Title VI I-Team liaisons designated. Additionally, twenty-five district liaisons and ten backup liaisons were appointed in FFY 2016 and worked closely with CIV staff and the Title VI I-Team to ensure Title VI compliance. For FFY 2016, CIV held one WebEx meeting with the Title VI I-team and District liaisons to provide guidance and technical assistance on Title VI matters. The Title VI meeting agenda is included as Attachment 1. Additionally, individual meetings were held with the Title VI I-Team liaisons to discuss the FHWA s recommendations to TxDOT s FFY Title VI/Nondiscrimination Annual Work Plan & Accomplishment Report and to develop goals for supporting compliance with Title VI requirements. Title VI Contract Requirements In FFY 2015, a memorandum was sent to each DD to ensure and monitor that the required language from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bid or Requests for Proposals and in every contract and further notify its subrecipients of these obligations. In FFY 2016, CIV worked with the Contract Services Division (CS) and the Research and Technology Implementation Division (RTI) in ensuring the required language was included in its contract templates. CIV is continuing to work with each federal program area in its efforts to ensure its operating manuals include the required Title VI information and procedures to implement these requirements. 4

6 Internal Monitoring Program This section describes CIV s FFY 2016 accomplishments and FFY 2017 goals related to internal monitoring, including the data collection and limited English proficient (LEP) component, of TxDOT s Title VI program. Federal Program Area Reviews Conducted During FFY 2016 Title VI reviews are performed annually as a desk audit. For FFY 2016, TxDOT s federal program areas were notified of the review through an sent from the CIV Director to the director of each federal program area. Each federal program area was required to complete a Title VI questionnaire via Survey Monkey. Questions focused on gathering general information about the implementation of Title VI requirements in their respective division. CIV conducted nine federal program areas reviews to determine if each area was meeting the Title VI requirements. A copy of the and the questionnaires are included as Attachment 2. In FFY 2016, eleven reviews were conducted. TxDOT consolidated some of their Divisions and Offices in FFY 2016, this was the reason there was a decline in federal program area reviews. Title VI Data Collection/Analysis/Reporting In addition to the federal program area reviews, CIV notified each federal program area to submit a data analysis report that included a description of how Title VI factors were addressed, where data was obtained, and the results. Notification was sent via memorandum from the CIV Director to the director of each federal program area. A sample is included as Attachment 3. Results of the analysis are included in the Special Emphasis Areas section for each federal program area of this document. Limited English Proficiency Each DD has developed its own LEP plan for providing language assistance to address the identified needs of the LEP population it serves. Annually, each DD must reevaluate the changes in demographics, services and programs, and other factors that should be considered when determining LEP needs. Monitoring and evaluating the accessibility and quality of language assistance needs of LEP persons ensures that LEP persons can meaningfully access agency programs and activities. This annual assessment will help guide DDs in determining what changes, if any, are needed to update its LEP plan. Annually, CIV notifies each DD via memorandum to submit an LEP annual report along with an updated LEP plan, if applicable. A sample is included as Attachment 4. Additionally, each DD is responsible for submitting quarterly reports to CIV documenting the number of LEP individuals served and the type of service provided. CIV works with DDs throughout the year to ensure the LEP requirements are met and reported quarterly and annually to the FHWA. 5

7 Results of Reviews Conducted During FFY 2016 Results of reviews conducted are included in the Special Emphasis Areas (SEA) section of this document. FFY 2017 Goals CIV will continue to work with Special Emphasis Areas (SEA) through the Title VI I-Team to develop, implement, and improve self-monitoring activities, including subrecipient monitoring. 6

8 External Monitoring Program This section describes CIV s accomplishments in FFY 2016 and goals for FFY 2017 for ensuring subrecipients compliance with Title VI. Subrecipient Reviews Conducted During FFY 2016 TxDOT is required under 23 CFR 200.9(b)(7) to conduct Title VI compliance reviews of cities, counties, planning agencies, and other subrecipients of federal financial assistance. The reviews cover the organization's compliance with Title VI of the Civil Rights Act of 1964, Executive Order 12898, Executive Order 13166, and related regulations. The review process includes official notification, a desk audit, the issuance of a report of findings, and recommendations, if applicable. During FFY 2016, CIV initiated the following ten Title VI reviews: Capital Area Metropolitan Planning Organization City of Beaumont (active) City of Georgetown City of Killeen City of Mission City of Round Rock City of Terrell (active) City of Wharton (active) Hays County (active) Hidalgo County (active) CIV works in collaboration with the Transportation Planning and Programming Division (TPP) and the RTI to conduct reviews of the Metropolitan Planning Organizations (MPOs) and universities. CIV trained two additional Civil Rights Specialists to conduct Title VI reviews. Results of Reviews Conducted During FFY 2016 All of reviews in FFY 2016 were determined to be in compliance with Title VI after a review of the desk audit or after the implementation of recommendations made by CIV. Recommendations made to the agencies included the following: Develop a Title VI/Nondiscrimination Policy Statement and disseminate it internally and externally to the general public. Submit signed U.S. DOT Standard Title VI Assurances. Designate a Title VI Coordinator responsible for initiating and monitoring Title VI activities. 7

9 Develop a Title VI/Nondiscrimination Plan that communicates how the agency implements the Title VI/Nondiscrimination requirements. Develop procedures for processing external discrimination complaints. Develop a complaint log. Conduct an individualized assessment for LEP using the four-factor analysis. Identify and address disproportionately high and adverse human health or environmental effects of an agency s programs, policies, and activities on minority and low-income populations. Provide efforts to ensure public participation in the planning and development of transportation projects. Collect and analyze data to numerically assess the reach and impact of program funds. Develop a process to ensure the nondiscrimination paragraph from the Standard Title VI Assurances is included in all solicitations for bid/requests for proposals Develop a process to ensure that the required language from the Standard Title VI Assurances is included in all contracts. Develop an annual report that documents how the agency is effectively implementing its Title VI/Nondiscrimination Program. FFY 2017 Goals The following describes CIV s goals for the coming year: CIV will continue to conduct Title VI reviews of TxDOT s subrecipients. CIV plans to conduct a minimum of ten reviews of federal-aid subrecipients. 8

10 Title VI/Nondiscrimination Training Summary This section provides an overview of training activities of CIV for FFY Training provided by TxDOT Technical assistance is provided to subrecipients during the course of the Title VI reviews conducted. Upon being notified of a review, the Title VI Technical Assistance Guide for Subrecipients is provided to the subrecipients being reviewed to ensure compliance with Title VI/Nondiscrimination requirements. Additionally, TPP conducts a training course on Effective Public Involvement. This course is designed to teach district staff new and innovative ways to involve and engage citizens, including the environmental justice (EJ) and LEP population, in early, continuous, transparent and effective access to the state's transportation planning and implementation process. Upon completion of this course, participants: 1. Will have a greater understanding why public involvement is important. 2. Can describe the elements of successful public involvement. 3. Will be able to plan, coordinate and conduct effective public involvement efforts. 4. Have access to innovative techniques for including under-represented interest groups in the transportation planning process. 5. Can prepare and accurately record citizen input, provide feedback reflecting concerns on project development. 6. Learn how to work with individuals and citizen groups to mediate/resolve conflict and develop projects for the overall public good. Training attended by TxDOT In March 2016, CIV staff participated in the following sessions held during the 2016 Civil Rights Virtual Symposium: Building Transportation Equity: Identifying Title VI Issues Throughout the Transportation Project Cycle This session discussed the importance of Title VI compliance and how Title VI impacts the various stages of a transportation project or program. Lessons Learned in National Environmental Policy Act (NEPA) and Environmental Justice This session discussed methodologies for considering environmental justice in NEPA reviews garnered from the Working Group and Environmental Justice at the Department of Transportation. Meaningful Language Access Under Title VI The provision of language assistance services to LEP individuals is a key component of Title VI enforcement. This session discussed recent developments in case law, settlements, and agency Guidance and Rulemaking. 9

11 In June 2016, CIV staff participated in the EJSCREEN: U.S. Environmental Protection Agency s (EPA) Environmental Justice Screening Tool. The EPA has developed a new EJ mapping and screening tool called EJSCREEN in order to better meet EPA s responsibilities related to the protection of public health and the environment. It is based on nationally consistent data and an approach that combines environmental and demographic indicators in maps and reports. In June 2016, CIV staff participated in the Effective Public Involvement training. In September 2016, CIV staff attended the 2016 TxDOT Environmental Conference and received Community Impacts Training. This session included discussion on how to define a community impacts study area and a demonstration of the new Community Impacts Technical Report Form. It also included a visit to a local neighborhood where participants practiced how to conduct and document a community impacts field visit. 10

12 Title VI/Nondiscrimination Complaints Summary In FFY 2016, CIV received four external discrimination complaints. The following is a summary of the complaints: TxDOT did not have jurisdiction to investigate two complaints. One complaint was regarding TxDOT s relocation assistance program. The complaint was resolved by the Right of Way Division and the complainant withdrew her complaint. One complaint was regarding the bidding process. The complaint was resolved by the Construction Division and it was determined that the proper procedures to submit a bid online were not followed. 11

13 Special Emphasis Areas (SEA) This section describes each of the following SEA s Title VI related accomplishments for FFY 2016: Construction Division Design Division Environmental Affairs Division Maintenance Division Procurement Division Research and Technology Implementation Division Right of Way Division Traffic Operations Division Transportation Planning And Programming Division FFY 2017 Goals The following describes CIV s activities for the coming year: Explore training opportunities for our SEAs to ensure compliance with Title VI, specifically in collecting Title VI/Nondiscrimination-related data and analyzing the data to identify and address any trends/patterns of discrimination; Work with selected SEAs in collecting and analyzing data to identify and address any trends/patterns of discrimination in their respective division; and Ensure operating or informational manuals include the required Title VI information and procedures to implement these requirements, including ensuring subrecipients meet these requirements. 12

14 Construction Division The Construction Division (CST) performs provides administrative oversight for all department construction contracts. The division is responsible for contractor prequalification, bid proposal issuance and awarding (letting) construction and maintenance contracts. It provides consultation to districts on project management, administration and inspection and testing throughout the project life cycle. CST Accomplishments for FFY 2016 Title VI Liaison The Division Business Management Administrator has been designated as the liaison to serve on the I-Team. Dissemination of Title VI Information Construction contract proposals, which are available to the general public on TxDOT s Web site and by hard copy upon request, include the Title VI assurance requirements. Complaints Did not receive any external discrimination complaints. Contract Administration Ensured Special Provision , Nondiscrimination, which includes the required language from the U.S. DOT Standard Title VI Assurances, was programed to automatically build in each proposal and contract. Furthermore, to ensure its inclusion, the provision is made available on TxDOT s Web site on the following check lists: 2014 English Special Provisions Federal Aided Construction Required Check List 2014 English Special Provisions Non-Federal Aided Construction Required Check List 2014 English Special Provisions Federal Aided Maintenance Required Check List 2014 English Special Provisions Non-Federal Aided Maintenance Required Check List By signing and entering into a contract with TxDOT, the prime contractor indicates its understanding of the contract requirements. The District is required to obtain a copy of all DBE subcontracts and non-dbe subcontracts as needed for review and verification of contract requirements. Procurement Managed 686 federally funded projects at a total dollar amount of $3,710,029,678. Projects included a DBE goal in the amount of $190,087,

15 Operations Manual The Construction Contract Administration Manual (CCAM) provides districts a guide for administering construction contracts. Procedures state that all work must be administered in accordance with the contract specifications, terms and conditions, state and federal laws and regulations, and department policy. Planning and Public Involvement The CCAM includes procedures for pedestrian and Americans with Disabilities Act (ADA) requirements. Pedestrian elements, including sidewalks, curb ramps and landings, pedestrian signal push buttons, crosswalks, etc., must be constructed to be accessible to all users, including disabled users. Districts must ensure that information contained in ADA Inventory Data Entry on the Design Division Intranet webpage is current. As construction improvements take place, it is critical that this database be updated in order to track and report Department progress annually to FHWA. The CCAM also includes information related to district responsibilities associated with the administration and oversight of highway improvement contracts and related transportation projects let or administered by local government (LG) entities, including regional mobility authorities (RMAs), and local toll authorities. LG s are responsible for ensuring all transportation facilities are in compliance with the ADA; guidance may be obtained at the U.S. Department of Justice and the U.S. Access Board. Districts are responsible for ensuring compliance when conducting the final inspection. Limited English Proficiency The FFY 2016 LEP Annual Report indicated that there were 11 LEP encounters throughout the year; Spanish was the language encountered. Employees were utilized to provide assistance. In FFY 2016, three quarterly reports were submitted to CIV. A review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. Affirmative Action Programs The CCAM also includes procedures for ensuring compliance with the Department s On-the- Job Training (OJT) Program, Form FHWA-1273, and the Federal-Aid Highway Construction Contractors Annual EEO report (1391 Report). Additionally, Form FHWA 1273 is included in its Federal Aided and Non-Federal Construction Required Check Lists, which ensured its inclusion in its construction contracts. Also, works closely with CIV to implement the OJT program through procedures and ongoing monitoring. Data Collection There are currently no mechanisms in place to collect and analyze data concerning race, color, national origin, sex, age and/or disability of bidders or successful contractors. CIV will continue to work with CST to collect Title VI/Nondiscrimination-related data and analyze the data to identify and address any trends/patterns of discrimination. 14

16 Design Division The Design Division (DES) guides the development of construction projects from conception to the release of detailed plans for construction bidding. On average, DES prepares 800 construction contracts for bid in most areas of highway design-from roadway geometrics to landscape design. It also develops design policies and roadside safety criteria, provides hydraulic design expertise, oversees selection of professional services consultants, and manages landscape programs. DES Accomplishments for FFY 2016 Title VI Liaison A Landscape Architect was designated as the liaison to serve on the I-Team. Dissemination of Title VI Information Title VI information was disseminated via to all Division employees by the Title VI liaison. Title VI/Nondiscrimination language is included in manuals, contracts, etc. Complaints Did not receive any external discrimination complaints. Contract Administration Utilized standard contracts developed by TxDOT s Professional Engineering Procurement Services Division (PEPS), which included the required language from the U.S. DOT Standard Title VI Assurances in the Terms and Conditions. Procurement Managed the following federally funded programs totaling $4.1 million. Additionally, contracts included a DBE goal totaling $500,000. ADA Curb Ramp Program - $3 million Value Engineering Program $500,000 Hydraulics Program - $250,000 USGS Hydraulic Stream Gage (inter-agency agreement) - $300,000 Operations Manual Developed and monitored the following manuals, which include the required Title VI/Nondiscrimination language and are available on TxDOT s Web site: Access Management Manual, PS&E Preparation Manual, Project Development Process Manual, Landscape & Enhancement Manual, and the Roadway Design Manual. Additionally, the Project Development Process Manual includes reference to EJ Executive Order and refers to TxDOT s Environmental Manual for more information. 15

17 Planning and Public Involvement Preliminary mapping and analysis has been conducted to determine efficacy of project delivery of Statewide Curb Ramp project to ensure project locations adequately serve EJ populations. Additional information on this is included under DES Data Collection. The Project Development Process Manual includes sections that outline procedures for public meetings and public hearings. These sections include information on obtaining public input on a project and incorporating that input into the project's design and development. A public meeting provides an opportunity for the public to engage in a free exchange of views and ideas and to raise individual concerns. At least one public meeting must be held during the drafting of an Environmental Impact Statement (EIS). Public hearings are held to present project alternatives and to seek public comment on the proposed project location, design, and environmental impacts. A hearing includes time for introductory remarks, a technical presentation, and receiving public comments. Additionally, project manager tasks included checking the MPO's public involvement requirements and if the project is in an area with a predominant LEP population, publishing meeting notices in that non-english language and having an interpreter at the meeting. Relied on the Contract Management Manual for procedures regarding the following bidding and award process to ensure it is being conducted in a Title VI/Nondiscrimination compliant manner: Contract Need Identification Consultant Selection Team Formation Intent to Contract Solicitation Preparation and Advertisement Receive Solicitation Packages Solicitation Package Screening Long List Evaluation Short List Identification Short List Evaluation Prepare to Negotiate Provider Debriefs Limited English Proficiency The FFY 2016 LEP Annual Report indicated there were no LEP encounters throughout the year. If required, bilingual staff fluent in Spanish and Greek will be utilized to assist in communicating with LEP individuals. Additionally, in coordinating public meetings, if the project is in an area with a predominant LEP population, staff will publish meeting notices in 16

18 English and in the predominant non-english language and will also have an interpreter at the meeting. In FFY 2016, three quarterly reports were submitted to CIV. A review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. Data Collection The Statewide Curb Ramp Program is part of TxDOT s Transition plan that was developed to meet the requirements of ADA. One of the requirements under ADA is for agencies to conduct a self-assessment and to develop a transition plan in order to bring our system and services into compliance. Data was collected across the state transportation system as part of the assessment and a prioritization plan was developed to be used as a tool in project development so that the areas with the most critical needs were given a higher priority. The aim of this program is to upgrade all of the pedestrian facilities on the state highway system to ensure that no one is denied benefits or services because of their race, color, national origin, sex, age or disability. The analysis looked at four major population centers; Houston, Dallas, Fort Worth, and San Antonio. San Antonio was removed from the analysis as State Highways within the metropolitan area have largely been developed, with only outlying areas remaining. Actual project locations of previous projects and projects currently under development were mapped against several data sets available through the census bureau; racial diversity, median age groups, median household income levels, and general population densities. Maps were developed using ArcGIS mapping software. Census data maps were developed by Esri. Maps are included for Houston, Dallas, and Fort Worth as Attachment 5: 2015 USA Population Density. While this map did not specifically identify populations protected under Title VI, it is important to direct the work to the more heavily used pedestrian facilities. Higher population density would presumably have higher level of pedestrian activity Average Household Income. A bigger indicator of increased pedestrian need would be household income. Lower income populations may be more dependent on transit and walking. It is important that these projects benefit the most users USA Median Age. The assumption is that the older population groups may be more dependent on ADA compliant facilities than the younger groups, but these projects are important to all age groups USA Diversity Index. Mapped to address the issue of race, color, and national origin. This information is intended to show areas of high concentrations of minority populations, though the information does not segregate out the particular race or national origin of the community. 17

19 The different projects were analyzed to make sure that they were being done in areas where the most need was anticipated and the Title VI populations benefited from the program in a manner that is nondiscriminatory. The following was a summary of the findings: Dallas: The latest project was in the southeast part of Dallas County. Earlier projects were in the areas with more racial diversity, higher age groups, and lower income areas of fairly high population densities. As the projects moved to the northwest, the population densities decreased and the median household income levels generally increased. The analysis indicated that the FY17 project (originally programmed in FY16) be developed in the east quadrant of the city to better serve the communities with the most need and continue the progression around the city. Fort Worth: Earlier projects were fairly diverse racially and certainly the lower income areas. The population density of Fort Worth is fairly consistent across the city so this factor became less of an indicator for project development. Also, some of the areas with the highest age group populations and high racial diversity are not served as well by the state highway system. It will be compulsory on the local cities and towns to provide the curb ramps that will serve these populations. Based on this information, the latest project serves the west side of the city where higher age groups are located. Houston: The first project served a very busy transit corridor with fairly high racial diversity with higher age groups with subsequent projects in areas with fairly high racial diversity and fairly low-income populations. Like Fort Worth, population density does not vary greatly across the landscape. While there are pockets with very high and very low density populations, they are fairly isolated. Most of the land is fairly evenly populated, so this was not a big indicator of project need. Project need seems to be fairly consistent across the city. Income levels do vary across the city, so this might be the best indicator for future projects. Our projects seem to be serving these populations adequately, with the latest projects in northwest Houston. While the populations in each of the three major cities analyzed was quite different, the analysis indicated that the projects let under this program were affecting the areas with the most need. The projects will be monitored to ensure that the population is best served by the program. Future analyses will include information about disabilities in the communities and the race component data may be tweaked to get a better picture of the racial make-up of the various geographic areas. 18

20 Environmental Affairs Division The Environmental Affairs Division (ENV) integrates environmental considerations into all TxDOT activities to achieve environmental compliance. ENV provides policy, procedures, training, guidance and technical assistance to other sections of TxDOT. It also manages environmental programs, works to streamline the environmental process, and monitors changing laws and regulations. ENV Accomplishments for FFY 2016 Title VI Liaison An Environmental Specialist has been designated as the liaison. Additionally, a second Environmental Specialist handles project-level issues and participates in meetings, when possible. Both serve on the I-Team. Dissemination of Title VI Information The Community Impacts Assessment (CIA) Toolkit is available on TxDOT s Web site, which includes several resources to conduct a CIA compliant with TxDOT policy. Also available is TxDOT s EJ brochure in English and Spanish. Complaints Did not directly receive any discrimination complaints. The Title VI complaint on the Harbor Bridge project in Corpus Christi district was resolved this fiscal year. When written or electronic complaints were received, procedures included: Promptly assessed all complaints within their jurisdiction; Made every reasonable effort to resolve these; Replied to the complainant by letter or , advising of the actions they are taking or plan to take to resolve the complaint; Notified the complainant of the status of the complaint at least quarterly until a resolution is provided to the complainant. Any complaints received are entered into TxDOT s Customer Service Tracking and Reporting (CSTAR), a complaint tracking system used to track complaints submitted by citizens, businesses, and public officials. CSTAR provides TxDOT staff with the ability to open and resolve cases and delegate the work required for resolution to team members. If discrimination was alleged to occur in connection with a specific transportation project, that complaint is transferred to the office with primary accountability. If an external Title VI complaint was received at the programmatic level, coordination with CIV will be done to address the complaint, as appropriate. 19

21 Contract Administration Contract Services Division (CSD) templates are utilized to ensure that bid proposals and consultant contracts include the required Title VI language. Procurement For each Request for Proposal (RFP), a HUB goal was established. Regardless of the goal, all proposals were placed upon the Electronic State Business Daily (ESBD) and HUB usage was strongly encouraged. All division scientific services contracts are set with a 26% goal based upon guidance received from CIV. The actual Hub-Subcontracting Plan that is submitted with the proposal determines the actual HUB goal which varies by contract. Contracts are issued through a best value procurement that only considers a combination of price and qualifications, and whether the established HUB goal is met through proposed subcontracting. There are two State Agency Advanced Funding Agreements for Transportation Enhancement Projects. One agreement is for the Texas Historic Highways and Heritage Trails Program totaling $1,250,000 that uses $1,000,000 in federal funds and $250,000 from the Texas Historical Commission. The contract expires 8/31/16, but is currently being amended to be extended until 8/31/17. The second agreement is for the El Camino Real de los Tejas National Historic Trail totaling $1,933,150 that uses $1,546,520 in federal funds and $386,630 from the Texas Parks & Wildlife Department. Operations Manual The Environmental Compliance Toolkits, available on TxDOT s Web site, provide subjectspecific guidance, technical advice, and helpful information about transportation and the environment and federal and state environmental requirements related to transportation projects. Environmental practitioners can use these tools and resources to determine and comply with appropriate environmental requirements. Instructions on how to access minority, income, and language data from the American Fact Finder Web site are also provided. The Environmental Manual is specifically focused on preparing environmental documentation for projects and discusses how Title VI should be incorporated into the environmental process and documentation, including procedures to implement Executive Orders on EJ and LEP in the development of projects. Environmental documents must demonstrate that the project sponsor (or consultant) has identified whether protected populations are likely to be present, have determined whether any adverse effects may disproportionately affect EJ populations, and have conducted appropriate outreach to LEP populations and individuals. Community impacts specialist reviews environmental review documents to assess the adequacy of these efforts. The compliance review program also verifies that that compliance with the Executive Orders is adequately documented in the project file. 20

22 The Public Involvement Handbook includes guidance for effectively including Title VI/Nondiscrimination populations in the project development process. The Public Involvement Handbook is located on the TxDOT s Web site. Coordination is also done with the TxDOT s Public Involvement section to develop and deliver effective public participation plans that include all population groups. Planning and Public Involvement Procedures are established for project sponsors to follow in order to identify Title VI populations and ensure their participation in the development of environmental documents. Procedures identify when public meetings and hearings are required, including notice requirements and basic conduct of the meeting. Project sponsors (or consultants) must also develop responses to comments from members of the public. Environmental documents must describe these efforts. Project sponsors must identify EJ and LEP populations that may be affected by individual projects, and must develop appropriate public participation strategies for the project. Such maps are often incorporated into environmental documentation. EAs and EISs are always made available to the public for review, but are not always posted on the TxDOT s Web site. Additionally, notices of upcoming public participation opportunities are published by the project sponsor. Publication of certain notices in the Texas Register is managed by staff and FHWA manages publication of certain notices in the Federal Register. These notices are also published in local media by the project sponsor. Additionally, subrecipients are required to publish ads for public hearings and meetings in local newspapers, in different languages if an LEP population exists. Environmental documents are reviewed to assess whether efforts to include Title VI populations in the development process are documented. All consultants that have received Documentation Contracts which provide the services to prepare EISs and EAs have been selected through a best value procurement which considers only price and qualifications. Work is distributed among those consultants based upon various factors such as department needs, pricing, and location, but an attempt is made to equally distribute the work among contractors. Additionally, project sponsors follow established procedures for scoping Environmental Assessments (EAs) and EISs. EISs require formal scoping with public participation. EAs are scoped by the project sponsor and the department delegate in collaboration. This scoping effort is focused on identifying and scheduling tasks that must be done to reach an environmental decision on the project. Project sponsors are expected to complete a preliminary identification of populations of interest prior to the development of the scope, so that there is an understanding of the level of effort needed to fully identify these populations, assess impacts, and conduct appropriate outreach when developing the schedule for the environmental process. 21

23 The EIS process consists of two phases that result in a Draft EIS and a Final EIS. Two final EISs were reviewed at least once in 2015, and no Records of Decision (RODs) were issued. A self-evaluation of the public participation is conducted process to review how federal and state rules, as well as practices and procedures for public involvement are being conducted regarding project development in districts throughout the state. Areas identified as needing improvement, as well as best practices, were shared through training opportunities statewide in FFY Limited English Proficiency The FFY 2016 LEP Annual Report indicated that there were no LEP encounters throughout the year. One employee is available who is able to translate Spanish. Additionally, in FFY 2016, three quarterly reports were submitted to CIV. A review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. Data Collection Data related to Title VI for TxDOT s environmental program is collected and analyzed on a project-by-project basis. Project sponsors (either the TxDOT District or a Local Government) collect demographic information from the U.S. Census and poverty guideline information from the U.S. Department of Health and Human Services. These sources may be supplemented with other information, if appropriate for the particular project. This data is analyzed to describe the population affected by the project and to determine if any impacts may be disproportionately borne by EJ populations. The data and analysis are recorded in the project file for each project, and summarized in the environmental documentation. A Final Community Impacts Assessment Technical Report prepared in October 2015 for a project in Montgomery County, Texas was provided. This technical report summarized the detailed analysis conducted to assess potential direct impacts associated with the proposed project. It provided a discussion of guidance utilized, a community profile, a description of socioeconomic impacts associated with the proposed transportation improvements, a discussion of proposed right-of-way and construction impacts associated with the proposed project, an EJ analysis, and an LEP analysis. The following were used in the analysis and are included as Attachment 6: Table 4: Project Area Racial and Ethnic Distribution. Contains the percent minority population for each populated census block in the minority population study area and the geographies are depicted on Figure 3. Blocks with 50 percent or greater minority populations are bolded and shaded in gray. Table 5: Median Household Income. Shows the median household income characteristics of the census block groups in the study area. Table 6: Percent of the Population that Speaks English Less than Very Well. 22

24 As a result of the analysis, it was determined that the proposed project would not isolate any persons, groups, or neighborhoods and would not cause any change in community cohesion. The Build Alternative would not result in the displacement or relocation of business or residential structures. The Build Alternative would not cause disproportionately high and adverse effects on any minority populations or low-income populations consistent with EO regarding EJ. Additionally, of the 10,124 people within the five census block groups, approximately 11.9 percent speak English less than very well. Windshield surveys during field visits indicated signage is presented in English. Reasonable steps will be taken to ensure that all persons have meaningful access to the programs, services, and information TxDOT provides. Any public involvement information and/or materials will be made available in English and Spanish as necessary, and a translator (for language or other special communication needs) would be provided upon request. Subrecipient Monitoring Environmental documents are reviewed to assess whether subrecipient efforts to include Title VI populations in the development process are documented. 23

25 Maintenance Division The Maintenance Division (MNT) oversees the preservation, upkeep, inspection, evaluation and restoration of more than 197,000 miles of Texas highways and rights of way. MNT also coordinates TxDOT's maintenance contracts, manages Safety Rest Areas, various vegetation management programs, the Pits and Quarries Program and provides support and guidance to TxDOT districts during natural disasters and emergencies. MNT Accomplishments for FFY 2016 Title VI Liaison A Contract Specialist has been designated as the liaison to serve on the I-Team. Complaints Did not receive any external discrimination complaints. Contract Administration The Routine Maintenance Contracting process incorporates Special Provision , Nondiscrimination, on all maintenance contracts. A checklist requires its use and CST s automated system (CMCS) ensures its inclusion. Use is ensured in other contracts and consultant agreements by using approved standard agreements that have been reviewed by TxDOT legal staff. Procurement Information on the State Use Program is included in the Contract Management Manual maintained by CSD. The State Use Program requires state agencies to purchase, on a noncompetitive basis, the products made and services performed by persons with disabilities. Texas Industries for the Blind and Handicapped, Inc. (TIBH), the current Central Non-profit Agency, develops, promotes, markets, and manages the provisions of the State Use Program and functions as a liaison between TxDOT, the Council, and Community Rehabilitation Programs. Coordination with TIBH and the districts is done to identify and facilitate contracting opportunities. Contracts are let and awarded using the same CST compliant process. The process follows the letting manual that is administered by CST. Planning and Public Involvement Maintenance funding is distributed by formula that includes inventories, needs, and historical information as discussed in the Maintenance Management Manual. Maintenance is prioritized and performed using many factors including regulatory requirements, need, inspection results, and protection of the traveling public. 24

26 Limited English Proficiency The FFY 2016 LEP Annual Report indicated that there were two LEP encounters throughout the year. LEP encounters do not happen often. However, Spanish and Mandarin Chinese are the languages most often encountered. Employees are utilized to assist in providing language assistance as necessary. Additionally, in FFY 2016, three quarterly reports were submitted to CIV. A review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. 25

27 Procurement Division The Procurement Division (PRO) is the central purchasing office for the department, procuring goods and non-professional services under the State Purchasing Act. PRO develops purchasing policies and procedures and serves as the department liaison to the procurement oversight agencies. PRO assists the department in interpreting purchasing law, policies and procedures. PRO also manages suppliers, facilitates procurement negotiations, provides procurement training, oversees purchasing cards and provides outreach activities for the department s Historically Underutilized Business (HUB) program. PRO Accomplishments for FFY 2016 Title VI Liaison The Purchasing Section Director has been designated as the liaison to serve on the I-Team. Complaints Did not receive any Title VI external discrimination complaints. Contract Administration Handled solicitations for bids and contracts, which include the required Title VI language from the U.S. DOT Standard Title VI Assurances in its Terms and Conditions. Additionally, included Vendor Title VI Affirmations in the Terms and Conditions included in all solicitation documents. Procurement Issued purchase orders that includes state HUB goals. Rules established by the Texas Comptroller of Public Accounts (CPA) govern the purchasing practices of TxDOT. Personnel worked in close cooperation with CIV to participate in economic opportunity forums, Small Business Briefings, and Spot Bid Fairs to encourage minority and female owned business participation. Purchasers also attended one-on-one meetings with minority and female owned business to provide purchasing-related information. In addition, purchases with an estimated value over $100,000 for the anticipated life of the purchase order required purchasers to submit a recommendation on minority and female owned business subcontracting probabilities. When subcontracting is probable, purchasing provided a subcontracting plan to encourage primary vendors to obtain subcontracting services from minority and female owned business. Operations Manual The Purchasing Manual was developed based on, and is in compliance with, Texas state statutes and rules. Additional specialized requirements, such as Title VI compliance for purchases that will utilize federal funds or which will involve reimbursement from federal funds, are incorporated on the face of the solicitation or attachments thereto. 26

28 Manuals utilized include the procedures for using the Terms and Conditions in all solicitations for bids, contracts, and consultant agreements, which includes the required language from the U.S. DOT Standard Title VI Assurances. Limited English Proficiency In FFY 2016, three quarterly reports were submitted to CIV. A review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. Training In December 2015, provided Title VI training at the Purchasing Section s Professional Development meeting. In June 2016, participated in the CIV WebEx for HUB Program Participation and Compliance. 27

29 Research and Technology Implementation Division The Research and Technology Implementation Division (RTI) manages TxDOT s Research and Implementation Programs. Products from the research program include devices, analytical tools, new materials, new or improved specifications, improved testing methods, as well as less tangible concepts such as knowledge or guidance. RTI Accomplishments for FFY 2016 Title VI Liaison A Contract Specialist has been designated as the liaison to serve on the I-Team. Dissemination of Title VI Information The Title VI poster is displayed in conference rooms used for project meetings with vendors, suppliers, and universities. Posters are also displayed at major research committee meetings when university researchers are expected to attend. Complaints Did not receive any external discrimination complaints. Contract Administration The Title VI/Nondiscrimination statement is included in its annual RFP solicitation that is sent to state-supported universities. Additionally, proposals are solicited from all Minority Institutions of Higher Education (MIHEs) who have asked to participate. Each college or university provided a liaison s name to communicate all information to regarding the program. To ensure nondiscrimination in the review of proposals, a blind review is conducted where the university and Researcher s name are removed before reviewers evaluate the proposals and recommended for funding. This process has resulted in universities with minority populations being recommended for more research funding than in the past. Contracts are executed with state-supported universities. To participate in the Research Program, each university must sign a Cooperative Research and Implementation Agreement (CRIA). Each CRIA contains standard provisions under which research and implementation programs between TxDOT and a specific university are conducted, which include the required Title VI language. The CRIA also contains an article that each university must follow the Title VI requirements when awarding subcontracts or other purchase of services. Procurement All universities are provided information regarding open RFPs and notices to pre-bid meetings. Minority universities are also encouraged to compete for projects by submitting proposals. Universities are invited to attend pre-bid meetings to learn more about process to submit proposals. Pre-bid meetings provide universities an opportunity to ask questions 28

30 about specific projects and processes for submitting proposals. All proposals are evaluated by TxDOT subject matter experts (SMEs). The evaluators first review a redacted proposal where the university and funding are removed. The first review is conducted on how the work plan meets criteria in the project statement. The evaluators are required to submit their proposal rating before they review the complete proposal. After the first review is completed, a second review is done where the evaluators receive the complete proposal indicating which university submitted the proposal, and the funding for the project. Once the ratings are completed at both stages, an evaluator is not able to change their ratings. For FFY 2016, managed 141 federally funded projects totaling $31,120,722, of which, TxDOT will be reimbursed 80% by FHWA. All state supported universities are encouraged to compete for research proposals. As of August 2016, 16.7% total program awards for FFY 2016 were to minority universities. Projects were awarded to minority universities, either as a sole contract or joint partner with another university. Projects awarded to minority universities totaled $2,697,732. All other universities were awarded: $28,422,990. For FFY17, quarterly meetings will be conducted with all universities to discuss programs, how to become involved, and to host a general discussion. The Director and team will also be visiting the universities to engage their participation in the program. Operations Manual The Research Manual and the University Handbook contain the required Title VI language. This information is also included in presentation material covered at all pre-bid meetings. Furthermore, when issuing the RFP to state supported universities, they are reminded to review the University Handbook to ensure each university is aware of the Title VI assurance requirements. The Research Manual includes procedures to ensure that MIHEs are identified and included in the solicitation and award process. Contract award data is maintained. Reports of annual awards to each university are maintained for at least 5 years. Proposal evaluations are collected and maintained for all proposals reviewed, for at least 1 year. Evaluations are scanned for any indication of discrimination, or lack of objectivity in the evaluation process. Limited English Proficiency The FFY 2016 LEP Annual Report indicated that there were no LEP encounters throughout the year. An updated LEP plan was submitted for FFY16. Language assistance will be provided as necessary. A list of all employees who are able to translate languages other than English will be maintained. This list will be referred to if callers or visitors needing program information in a language other than English are received. Additionally, in FFY 2016, three quarterly reports were submitted to CIV. A review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. 29

31 Data Collection Data collection efforts are included as Attachment 7. Training Title VI is discussed in EEO training that every TxDOT employee is required to complete. The office also discusses Title VI at staff meetings. 30

32 Right-of-Way Division The Right of Way Division (ROW) coordinates the acquisition of land to build, widen or enhance highways, and provides relocation assistance when needed. The division also coordinates utility adjustments and the disposition and leasing of surplus real property owned by TxDOT. It also regulates outdoor advertising signs and junkyards. ROW Accomplishments for FFY 2016 Title VI Liaison A Contract Specialist has been designated as the liaison to serve on the I-Team. Dissemination of Title VI Information Title VI information is disseminated to the general public. Title VI information is indicated in operations manuals such as the Relocation Assistance Manual, State Purchase of Right of Way Manual, and contracts for professional services as well as personal services and other reference materials. These documents indicate the Title VI/Nondiscrimination obligations and describe the protections against discrimination. Revisions/updates will be incorporated as necessary and will be disseminated to the public and vetted by SMEs. Complaints The ROW Manual, Vol. 2 - ROW Acquisition includes procedures for filing Title VI complaints. For FFY16, no external discrimination complaints were received. Contract Administration Two types of professional service contracts are procured: Right of Way Acquisition Professional Services (ROWAPS) and Professional Real Estate Appraisal Services (PREAS). Both procurements result in the award of two year indefinite delivery contracts with no guarantee of work. Language from the U.S. DOT Standard Title VI Assurances is included into all solicitations for Professional Service contracts and in the templates for these contracts. The documents are reviewed for compliance by the Title VI Regulatory Compliance Team before execution. Subrecipient verification is handled through on-site monitoring of LPA projects as a joint effort with FHWA. The bidding and award process for contracts is conducted in a Title VI/Nondiscrimination compliant manner. The clauses from Appendix C and D are also incorporated to the extent in which they apply to right of way projects. Verification is performed by the Title VI Regulatory Compliance Team. Procurement A perpetual list of all individuals and companies that have contacted the department over 15 years and that have expressed in writing an interest in providing such services is maintained. The list is all inclusive and includes both minority and female owned 31

33 businesses. All of the requests for proposals are published in the ESBD as well a direct mailout or contact to all interested parties. In the case of Professional Real Estate Appraisers, each of the 2,500+/- active general certified real estate appraisers registered with the Texas Appraiser Licensing and Certification Board are sent an individual invitation letter to submit proposals. This guarantees that every minority and female appraiser with a general state certification in the entire State of Texas is given the opportunity to respond to the proposal. In FFY16, 157 federally funded projects totaling $98,750,000 were managed. Contracts also included a DBE goal. Goal information is captured as each invoice is submitted for payment to Project Delivery Staff and submitted to Headquarters. The invoice is rejected as being non-complete unless the appropriate completed DBE forms are attached. The DBE percent goal is monitored and becomes part of the contract file. In FFY 2017, the fair and equitable treatment of impacted property owners and people displaced will continue to be promoted, as well as ensuring nondiscrimination in the appraisal, acquisition, management, and relocation assistance activities of the department. All regulatory programs and procedures of the Title VI program will continue to be reviewed and updated and coordinated with CIV to stay abreast of upcoming legislation and changes to federal regulations. Additionally, the working partnership with PRO will continue to ensure Title VI goals are realistic and appropriate for the service in all solicitations for personal service contracts for Relocation Specialist Services, Eminent Domain Services, Utility Accommodation and Verification, and Asset Management Services for projects. Operations Manual Manuals developed and maintained include TxDOT s Title VI/Nondiscrimination policy. Additionally, the Right of Way Manual - Vol. 2- Right of Way Acquisition and the Right of Way Relocation Manual Vol. 3- Relocation Assistance includes its procedures to ensure property acquisition and all relocation assistance activities are performed according to TxDOT s Title VI/Nondiscrimination policy. This policy is also in its relocation booklet. Planning and Public Involvement Procedures for all activities are implemented regardless of whether the individual is a Title VI/Nondiscrimination person or not. Additionally, procedures provide information to conduct meetings with property owners during early acquisition, pre-appraisal contact, and negotiation contacts and reports. Public meetings and hearings were attended by Project Delivery Staff, which provided support as well as printed materials (available in both English and Spanish) regarding processes and services. Subrecipients are monitored to ensure that Title VI/Nondiscrimination persons are not treated differently as the program elements are implemented by field monitoring of all solicitations, contracting, acquisitions, and relocation assistance. 32

34 All relocation assistance activities must be performed according to TxDOT s nondiscrimination policy and is available to all persons lawfully present in the U.S. who are determined to be displaced from a project. However, a person who is unlawfully present, but who can demonstrate that denial of relocation assistance benefits will result in an exceptional and extremely unusual hardship to the person s spouse, parent, or child (if that spouse, parent, or child is a citizen of the U.S. or an alien lawfully admitted for permanent residence in the U.S.), maybe considered eligible to receive relocation benefits. This is verified during site monitoring. In addition, each property owner and/or displacee is also given copies of the following documents, which are also available on TxDOT s Web site in English and Spanish: State of Texas Landowner s Bill of Rights Describes the acquisition and eminent domain process in layman s terms, providing valuable information and guidance to the landowner. State Purchase of Right of Way Explains a citizen s rights as well as the procedure which TxDOT will follow in purchasing their property. Also includes the Title VI nondiscrimination statement and procedures on how to file a discrimination complaint. Relocation Assistance Booklet Provides information about available relocation services and payments. Also includes the Title VI nondiscrimination statement and procedures on how to file a discrimination complaint. The property valuation process includes procedures that all professional appraisal services must comply with the requirements identified within the Uniform Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Foundation and enforced by the Texas Appraiser Licensing and Certification Board (TALCB). Applicable USPAP Standards include Standards 1 & 2 for appraisals and Standard 3 for review appraisals. All TxDOT appraisers are required to hold a General Appraiser Certification with TALCB. The property owner or attorney assigned by the property owner is encouraged to accompany the appraiser during the inspection of the property to be acquired. This is verified by monitoring and review of appraisers contact information in each parcel file. Processes for negotiation with affected landowners on a right of way project are determined by federal law, Texas state statutes and regulations, and processes and procedures in its Right of Way Manual and standard operating procedures implemented pursuant to such legal authority. The fundamental federal guideline for negotiations and other right of way related activity are set out in the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. The Uniform Act mandates independent fee appraisals and the review of appraisals prior to a written offer being made to all affected landowners based upon the approved appraised value. TxDOT representatives attempt to meet with all affected landowners to present the written offer and to provide a copy of the appraisal. Furthermore, legislation also required all condemning authorities to provide written appraisals and provide 33

35 landowners with increased rights and protections, including distributing to any affected property owner the Office of the Texas Attorney General Landowner s Bill of Rights. Based upon all of the foregoing, negotiators representing TxDOT explain the process to landowners and present appraisals, offer letters, Landowner s Bill of Rights, maps, property descriptions and other matters for consideration by property owners. The property owners have the opportunity to present counteroffers, which are referred to as Administrative Settlements. Administrative settlement offers are thoroughly reviewed by a team of right of way professionals within ROW following set protocols for review and approval. Historically, the number of right of way parcels acquired through the negotiation process with no resort to eminent domain, has been in the range of seventy to seventy-five percent of all parcels acquired. As a matter of policy, the department does not expect or seek to assume the role of landlord. When a tenant is occupying a structure or property, the agency typically enters into an agreement with the landlord or former fee owner and allows them to collect rents, conditional upon their maintaining utilities and assuming the property management obligations. If an owner is interested in leasing the property back, once the state has taken possession and it permissible by the state, the department may lease back the property to the owner with the requirement that they see to maintenance and up-keep of the property. Limited English Proficiency The FFY 2016 LEP Annual Report indicated that there were 103 LEP encounters throughout the year. A list of internal resources that are available to discuss or translate information is maintained. This provides early awareness of the demographics of a project to ensure information is provided to the affected population, including the LEP population. In FFY 2016, three quarterly reports were submitted to CIV. LEP services will be provided to the state and the communities served and the opportunity to search for innovative ways to ensure it is meeting the needs of the impacted communities will be taken. Additionally, all key components will be captured for quarterly LEP reporting and a review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. Training Instructions and guidance are provided at the mandatory contract orientation meetings for each professional service contract as well as Standard Operating Procedures and corresponding templates to ensure compliance. ROW also participated in the C.R.E.W. Forum at the Bob Bullock Museum as a part of the outreach initiative. In FFY 2016, ROW staff attended Web-ex HUB Forms Training in October 2015, DBE Annual meeting in April 2016, and CIV s Web-ex Title VI meeting in June

36 ROW will continue to attend trainings offered through CIV and ensure it is emphasizing the importance of the Title VI Standards, ensuring ROW compliance, and providing the necessary service to its communities. Internal Monitoring/Process Reviews ROW Project Delivery Staff report on local projects with federal participation and ROW Headquarters ensures an internal monitoring process to evaluate appraisals, negotiations, relocation, property management, and consultant selection. Internal reviews of ROW s procedures and processes are evaluated to ensure compliance with Laws, Regulations, Rules and Policy changes, including updates to manuals, procedural guides as well as SOP s. Furthermore, notification is sent to ensure all Service Providers are made aware of pertinent information and that subproviders who are performing department work are made aware of any change or update. Also the department audits local projects receiving federal participation to ensure full compliance with these standards. Negotiations, Acquisitions and Relocations In FFY 2016, the ROW Information System Database shows 826 initial offers were made. Additionally, ROW Project Delivery have not received any complaints or observed any disparate treatment or conduct related to the negotiations with minorities during FFY In FFY 2016, ROW received 1 claim which involved a displacee who was a female; she was concerned that she hadn t received payment for relocating and was possibly given conflicting information as to when she would receive payment. As soon as ROW was made aware, efforts were taken to ensure her claim for payment was reviewed, processed and forwarded to TxDOT s Finance Division. CIV received a complaint regarding this, but due to the expeditious efforts of ROW, no further action was taken on behalf of the displacee. In FFY 2016, ROW had 1,312 constructive possessions, 117 residential relocations, and 244 non-residential relocations. Additionally, ROW Project Delivery did not receive any concerns regarding replacement housing that were raised by minorities, women, elderly, disabled, and low-income families and ROW was not named as a respondent to any external discrimination complaint in FFY Data Collection Data related to Title VI is collected and analyzed on both a project by project basis as well as statistical analysis run to determine changes in demographics. This information provides insight and assists in the identification of needs to offer appropriate services and assistance. Information collected prior to the acquisition process and right of way involvement is also a useful resource as this information provides early awareness of the demographics of the project. This data includes an analysis and description of the 35

37 population affected by the project and determines if any impacts may be disproportionately produced by EJ populations. Data pertaining to the relocation of displaced persons for both FFY 2015 and FFY 2016 was collected. In order to provide a more consistent point of reference for FFY 2016, information for FFY 2015 has been updated, providing more accurate information. All information was pulled from the Right of Way Information System (ROWIS). The search parameters used to find the number of displacees was based on displacees that were created in the respective fiscal years. Form ROW-R-96, Relocation Advisory Assistance Parcel Record, used to capture Title VI protected class information in ROWIS, and the Displacee Report are included located as Attachment 8. A statistical analysis of this data reveals that no major changes regarding the number of displacees have occurred between the FFY 2015 and FFY 2016; however, in a breakdown by ethnicity, the information is largely skewed due to the fact that over half of those affected withheld their ethnicity. As in the past, this represents a challenge in the accuracy of any conclusions based on how resources for relocation were allocated. Based on the information provided, year over year percentages remain the same for most categories except those falling under other, which showed a decrease of 26% and withheld, which showed an increase of 19%. We cannot extrapolate from this data that discrimination may be skewed in one way or another due to the broadness of the protected classes, even with a much more in-depth analysis. Comparing FFY 2015 to FFY 2016 shows no significant changes among those in the protected classes that are clearly identified. In conclusion, no instances of discrimination to persons within protected classes under Title VI for FFY 2016 were found. Subrecipient Monitoring Before a professional service contract is awarded by ROW, a company or individual must attend a mandatory contract-orientation meeting typically lasting a full business day. Each topic of professional service needs and contract responsibilities are presented by subjectmatter experts. The presentation covers how to access the Texas Unified Certification Program (TUCP), how to be sure services are applicable to the services to be provided, and how to ensure that the provider and subcontractors remain active throughout the contract. The recipients of these contracts and their subcontractors are acting as an extension of TxDOT s staff and are held accountable to the same Laws, Regulations, and policies. Monitoring is completed at the field and headquarter level. 36

38 Traffic Operations Division The Traffic Operations Division (TRF) oversees the design and placement of signs, signals, pavement markings, lighting and intelligent transportation systems. It also develops traffic safety initiatives aimed at reducing fatalities and serious injuries from motor vehicle crashes. In addition, they are responsible for the collection and analysis of crash data used to plan highway safety and educational programs to promote safe driving practices, and manages rail safety programs, including railroad-highway crossings and railroad inspections. TRF also oversees driver safety programs and campaigns geared toward teen drivers, child safety, sober driving, hurricane evacuation and many other issues. TRF Accomplishments for FFY 2016 Title VI Liaison The Management Support Section Director (primary) and a Management Analyst (secondary) have been designated as the liaisons; both serve on the I-Team. Complaints Did not receive any external discrimination complaints. Contract Administration Utilized templates developed by CSD, PRO, PEPS, and CST to ensure that bid proposals and contracts include the required Title VI language. Highway Safety Improvement Plan (HSIP) contracts are safety construction projects that go through TxDOT s contract letting process. The TxDOT letting process ensures that there is no discrimination and includes minorities and other similar populations. Furthermore, this also ensures the inclusion of the required Title VI language. Procurement In FFY 2016, 420 projects were let valued at $170 million in HSIP funds. Operations Manual The Highway Safety Improvement Program Manual describes the HSIP, which requires states to develop and implement a Strategic Highway Safety Plan (SHSP). The purpose of the SHSP is to identify and analyze highway safety problems and opportunities, include projects or strategies to address them, and evaluate the accuracy of data and the priority of proposed improvements. The goal is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads. 37

39 Planning and Public Involvement Safety issues are identified through crash data analysis and in consultation with transportation professionals, safety professionals, first responders, elected officials and advocacy groups. Notice is provided to all transportation safety stakeholders, and all are welcome to participate. Members of the public are invited to participate in the Texas SHSP workshops. The workshops are open to anyone that would like to attend. The workshops afford stakeholders the opportunity to contribute to the statewide blueprint for highway safety activities and funding for the next several years. Limited English Proficiency The FFY 2016 LEP Annual Report indicated that there were no LEP encounters throughout the year. There is limited direct contact with the public but does work with contractors and consultants statewide and English is the predominant language. From time to time, requests for language translation (primarily Spanish to English) are received and translated. Internal translators are utilized to respond to requests for language interpretation when the need arises. There are 12 employees who speak, read, or write a language other than English, including nine Spanish, one Mandarin, one French, and one Polish. In addition, there are two automated telephone lines for customer service; the crash online purchase system and the rail safety program. Both offer English and Spanish options. In FFY 2016, three quarterly reports were submitted to CIV. A review of the current LEP implementation Plan meets the needs of customers. However, an annual review of the plan will be done for any changes and updates that may be necessary. Data Collection For project selection, all eligible proposed highway safety projects are subjected to a benefit/cost analysis. The formula used for this purpose is the Safety Improvement Index (SII). In its most basic form, the SII is the ratio of the cost of crashes that have occurred at a location to the cost of constructing the proposed improvement. So the projects are selected based upon the crash history of the location, not the demographics of the population. HSIP projects enhance safety features on the existing state transportation system. During the initial construction of these roadways and bridges, data is gathered and analyzed to ensure that the projects do not adversely impact Title VI populations. Although crash history is the determining factor when selecting HSIP projects, the data regarding the locations of the HSIP projects was consolidated and analyzed to ensure that Title VI populations across Texas are well-served, based on the locations of the projects. 38

40 There are approximately 75 counties classified as disadvantaged, representing approximately 30 percent of all the counties in Texas. All three of the past three years showed more than 30 percent of the HSIP projects were constructed in economically disadvantaged counties. These results were very positive in serving economically disadvantaged counties in Texas. Included as Attachment 9 is data for the following: FFY (or 34%) of the 572 projects were constructed in economically disadvantaged counties FFY (or 41%) of the 584 projects were constructed in economically disadvantaged counties FFY (or 50%) of the 671 projects were constructed in economically disadvantaged counties 39

41 Transportation Planning and Programming Division The Transportation Planning and Programming Division (TPP) is responsible for the Texas Transportation Plan, the Texas Freight Mobility Plan, the Unified Transportation Program and the Statewide Transportation Improvement Program. TPP is involved with border/international planning and corridor engineering studies. TPP provides guidance and training for local government projects, project portfolio management, and public involvement efforts in project development and planning. TPP is also responsible for traffic data collection, estimation and forecasting, geographic information systems data, mapping for the department's transportation system, roadway inventory reporting and the Highway Performance Monitoring System. TPP Accomplishments for FFY 2016 Title VI Liaison A Planner and a Business Operations Administrator (BOA) has been designated as the Title VI liaisons and serves on the Title VI I-Team. Dissemination of Title VI Information Title VI Brochures are distributed at all public meetings and hearings. This information is also provided to any contractors or vendors used for public involvement via project-specific Public Outreach and Public Involvement Plans. Hard copies of Title VI brochures will continue to be provided to division-wide to staff, to consultants/contractors, and to the public at all of public meetings and hearings. Additionally, Title VI information is included by reference in the Texas Transportation Plan (TTP), Statewide Transportation Improvement Program (STIP) and the Unified Transportation Program (UTP). Complaints Did not receive any external discrimination complaints. Contract Administration Utilizes the standard contract forms/notices of intent developed by CSD and PEPs, which ensured the required Title VI language is included and up-to-date. Additionally, contract administrator developed and/or reviewed all contracts/procurement processes to ensure that nondiscrimination language is incorporated. DBE or HUB goals are assigned and mandatory in TxDOT contracts, thus ensured nondiscrimination in the award and administration of DOT assisted contracts and creating a level playing field in which firms owned and controlled by minority or socially and economically disadvantaged individuals can compete fairly for DOT assisted. Procurement For FFY16, managed 21 federally funded projects that totaled $36 million. 40

42 Operations Manual The Transportation Planning Manual provides a framework for long-term planning, development, and preservation of the transportation system in the state of Texas. An update to the manual is being finalized. The requirements of Title VI, including EJ Executive Order and LEP Executive Order 13166, will be included in the update. CSD s policies are followed for the bidding and award processes. The public involvement/participation procedures outlined in the Texas Administrative Code (TAC), CFR, and NEPA are followed for all plan and program development, including the TTP, the STIP, and the UTP, to ensure that the Title VI populations are effectively participating in the development process of planning documents. Guidance addresses ADA, Title VI, LEP and EJ. Planners at the Regional Support Centers have responsibility for the oversight and administration of the MPO Unified Planning Work Programs (UPWPs) for both Transportation Management Areas (TMAs) and non-tmas. TMAs are subject to a joint federal/state (TPP staff) formal review process every four years for certification of the planning and public involvement processes, and all related plans/programs (UPWP, Metropolitan Transportation Plan, and Transportation Improvement Program (TIP)) for compliance under CFR and Title VI. Planning and Public Involvement GIS capabilities or equivalent systems are utilized to map identified EJ and LEP populations based on most recent Census data. These EJ and LEP maps are included in the public participation plan subject to the approval of the Public Involvement section and Division Director. These maps are included internally for TxDOT use, but not externally. Public meetings and hearings for the Statewide Long-Range Texas Transportation Plan (TTP 2040), STIP, UTP, and any corridor study or RMA actions are required to be conducted. In FFY 2016, the TPP 2040 separate stakeholder workshops and public meetings in all 25 TxDOT district locations were conducted. Limited English Proficiency The FFY 2016 LEP Annual Report indicated that there were no LEP encounters throughout the year. Additionally, in FFY 2016, three quarterly reports were submitted to CIV. A review of the LEP implementation plan will be done annually for any changes and updates that may be necessary. Training Employees who have contracting, planning, or public involvement duties received training related to Title VI via TxDOT/federal contracting, planning, and NEPA courses that include instruction on DBE/HUB, ADA, LEP, and EJ. Any new staff tasked with duties requiring Title VI compliance is trained accordingly. 41

43 Environmental Justice Plan/Process District staff members and PIOs assist with respect to public involvement activities around the state. The transportation planning process requires TxDOT to identify planning assumptions under federal law one of which is to use the most recently published U.S. Census Bureau data in the development of plans and programs. Data Collection TPP conducts Local Government Project Procedures (LGPP) training classes (for TxDOT, LG, and consultants) and occasionally makes presentations at regularly scheduled meetings of MPO boards, city councils, commissioner s courts, etc. Data is not collected at any of these forums, since the events are not open to the public. They serve as support to DDs as they undertake their community outreach throughout project development (and through construction) and as on-site support at agency public meetings. TxDOT s Title VI and You brochure in English and Spanish is distributed at public meetings/hearings. Additionally, the following mechanisms, included as Attachment 10, are used and also distributed: TxDOT Wants Your Input flyer Texas STIP Demographic Survey TTP 2040 Demographic Survey (English and Spanish) TTP 2040 Public Meeting Comment Form (English and Spanish) Public Transportation Survey (English and Spanish) Informational Flyers (English and Spanish) Efforts to collect Title VI demographic data for the following planning programs/activities in FFY 2016 are summarized on the following page: STIP questionnaires/public involvement UTP questionnaires/public involvement Economically Disadvantaged Counties Program (EDCP) Texas Comptroller/program eligibility Freight and International Trade Public hearings, open houses, public notices, TxDOT promotional and safety materials and ads; Interpret and/or address Spanish speaking audiences Development of Travel Demand Models Household surveys Corridor Planning Branch Public involvement included: June 7th, City of El Paso, Presidio Bridge public hearing; June 30th, City of Navasota, Grimes County, SH 249 environmental assessment public hearing; May 3rd, Austin, I-35 from Rundberg Ln. to US 290E public hearing; and May 12th, San Antonio, US 281 Re-evaluation open house. 42

44 Program Emphasis Area Planning Program or Activity Which Generates Data Statewide Transportation Improvement Program (STIP) Data Collection Mechanism Data Collected Data Collection Location Results *Title VI Demographic Information Questionnaire None (No questionnaires filled out) Austin (10 public hearings) N/A Planning Unified Transportation Program (UTP) Title VI Demographic Information Questionnaire None (No questionnaires filled out) Austin (4 public meetings & 4 public hearings) N/A Planning Planning Planning Economically Disadvantaged Counties Program (EDCP) Development of Travel Demand Models Corridor Planning Branch Data request to Texas Comptroller of Public Accounts Socio economic data for all 254 Texas counties Surveys. Demographic and Data is collected on socioeconomic survey data through individuals in the household statewide surveys for the such as age, gender, development of local and regional employment, student status, travel demand models by TPP. The etc. Data is also collected on survey collects data and the number and types of information about the household, vehicles available to its members, and characteristics. household members for travel. TBD None (No questionnaires filled out) Austin Statewide (ongoing throughout the year) Austin (1 public hearing) El Paso (1 public hearing) San Antonio (1 open house) Grimes County (1 public hearing) Used to determine eligibility to have local funding match waived on project cost Data used to develop Travel Demand Models for MPOs to model/estimate traffic for transportation planning purposes N/A Planning Freight and International Trade Office N/A None (No questionnaires filled out) Statewide: 50 Public Hearings, open houses, public notices, TxDOT promotional & safety material; 10 meetings, conferences, public hearings, and listen and comment on audio for TxDOT safety ads for a Spanish speaking audiences. N/A Planning Planning Planning Local Government Projects Public Involvement Office Project Portfolio Management N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A *Title VI demographic information questionnaire & travel preference survey available in Spanish. 43

45 Environmental Justice TxDOT s efforts to ensure the effective implementation of EJ requirements are included in the accomplishments section for each SEA. 44

46 Limited English Proficiency All directors, managers, and Title VI program liaisons are responsible for ensuring that meaningful services to LEP persons are provided in their respective office. In developing an LEP Plan, each DD conducted a Four Factor Analysis and used the results of the analysis to determine which language assistance services were appropriate in their respective area. The analysis helped identify the needs of the LEP population it serves. In addition, each DD was required to annually monitor, evaluate, and update its plan accordingly. This annual report assists DDs to accurately identify and address the changing needs of their LEP communities which, in turn, can help inform DDs whether there should be changes to the quantity or type of language assistance services. In FFY 2016, 40 annual reports were submitted to CIV along with 10 updated LEP plans. Below is a summary of the LEP Annual Report information that was provided: LEP Encounters LEP Expenditures Translation of Documents Complaints LEP Annual Report Total number of encounters: 2555 Language most frequently requested: Spanish: 20 Other: 1; Mandarin Chinese LEP service most frequently used: Oral: 15 Written: 1 Telephone: 5 Responses/Comments (Number of DDs that reported) Most frequent method LEP service is rendered: Employee: 17 Contractor: 1 Community Volunteer: 0 Family/Friend: 2 Other: The public calling in, walking in, or coming to event. Total LEP expenses: $2560 Spanish: $2560 Other Language: $0 Oral Interpretation: $2515 Written Translation: $45 Telephone Interpretation: $0 Total number of documents translated upon request: 12 Total number of vital documents translated 80 Types of Documents Translated: Application: 0 Brochure: 1 Notice: 2 Other: Public Involvement Documents. Total number of complaints: 2 Number of complaints resolved: 2 Complaint Information Complaints were resolved within the DD. 45

47 LEP Areas LEP Annual Report Assessing and Recording Language Needs 1. Has the DD taken steps to identify the non- English languages that are likely to be encountered in its service delivery area? 2. Has the DD identified the language needs of each LEP individual encountered and recorded this information? 3. Does the DD document the name and affiliation (e.g. staff interpreter, contract interpreter, etc.) of the person providing language services for each encounter with an LEP individual? 4. Has the DD identified the points of contact within their organization where language assistance is likely to be needed? (e.g. reception desks, intake counters, etc.) 5. Has the DD identified the resources that will be needed to provide effective language assistance and the location/availability of these resources? Oral Language Interpretation 6. Does the DD hire staff with language skills who are trained and competent in the skill of interpreting in the other language(s)? 7. Does the DD contract with interpreter service(s)? 8. Does the DD use volunteer community interpreters? 9. Does the DD use telephone interpreter service(s)? Translation of Written Materials 10. Does the DD provide written materials in languages other than English? 11. Does the DD translate application forms and other materials in languages other than English? Responses/Comments (Number of DDs that reported) DD s LEP plan includes census data to determine the language spoken. DD s also works with the local community and organizations. DD s track data quarterly and submit reports to CIV that includes type of encounter and language spoken. DD s maintain a list of all competent bilingual employees that includes their non-english language(s) spoken and contact information utilizing the Employee Language Report form. This information is updated annually. Contact is normally needed at public meetings and hearings and upon reception areas. Some encounters have been by telephone. DD s utilize in-house resources as well as their own employees. The Procurement Division has contacts available locally and existing resources under contract for services with TxDOT. Some DD s also maintains a list of resources that are available to discuss or translate information. DDs utilize staff proficient in the languages required, but do not specifically hire for it. DDs hire personnel with diverse backgrounds and skill-sets and utilize the strengths they bring to the Department and can provide the citizens of Texas. Most DDs have not had a need to contract with interpreter services. DDs normally utilize their own employees. DDs utilize staff. If needed, DDs include the contact information for requesting telephone interpreter services. If applicable, brochures, forms, notices, advertisements, etc. are available in English and Spanish. The majority of written material intended for the public is provided in both English and Spanish. Public meeting information is provided in the language needed. 46

48 LEP Areas LEP Annual Report Methods for Providing Notice to LEP Individuals 12. Does the DD use language identification cards to determine the language needs of LEP individuals? 13. Does the DD provide notice of language assistance services in the languages other than English? 14. Does the DD include a statement in brochures and other materials routinely disseminated to the public notifying LEP individuals that language assistance services are available? Training of Staff 15. Have all staff been trained on TxDOT's LAP for addressing the language needs of LEP individuals? 16. Does the DD maintain record of the staff that has received training on language access policies and procedures? Monitoring 17. Does the DD monitor its LEP plan at least annually to evaluate its effectiveness at serving LEP individuals and modify it accordingly? Customer Service 18. Does the DD solicit and track customer feedback related to LEP individuals? 19. Does the DD have a complaint process in place to address concerns and complaints from LEP individuals about the department's LEP services? 20. Does the DD track the number of complaints and concerns received? 21. Has the DD addressed LEP complaints and concerns? Explain and identify if any corrective actions were taken and when. LEP Budget 22. Does the DD budget for LEP services in its annual budget projections? If Yes, detail how much and in what areas. Responses/Comments (Number of DDs that reported) If needed, identification cards are provided to determine the language needs of LEP individuals. DDs provide this information to the public. Additionally, public meeting information is provided in the language needed. When this information is collected in advance, it is a useful resource as it provides early awareness of the demographics of a project. If information is made available to the public, the DD will provide this notice. DD employees were provided guidance upon implementation of the LAP. Additionally, during CIV annual meetings with Title VI liaisons, LEP has also been on the agenda to address any questions or concerns. CIV staff maintains a list of training provided and who attended. DD s LEP plan is reviewed annually for any changes and updates that may be necessary. DDs utilize CSTAR to track inquiries and complaints from the public. Customer feedback is solicited and documented. DDs utilize CSTAR to track inquiries and complaints from the public. CIV tracks complaints received and reports it to FHWA. DDs rarely receive complaints but if it is received, it is referred to CIV. Most translation services are provided by employees inhouse. None has been budgeted. 47

49 Action Plan (2017) Create and Administer Internal Title VI Training Action Step Timeline Participants Results Schedule 2017 Title VI Assessment & Strategy Meetings 11/19/16 12/15/16 CIV I-Team Title VI Liaisons Develop Presentation(s) 11/1/16 11/15/16 CIV Schedule Training/Info Webinars Q1 Q4 CIV Update Brochures & Posters 10/31/16 11/15/16 CIV Update Website 11/1/16 12/15/16 CIV Identify resources that will be helpful to the program areas 11/8/16 11/30/16 CIV Create and Administer External Title VI Training Action Step Timeline Participants Results Schedule 2017 Title VI Assessment & Strategy Meeting(s) 11/19/16 12/15/16 CIV I-Team Title VI Liaisons Develop Presentation(s) 11/8/16 11/22/16 CIV Schedule Training/Info Webinars Update Brochures, Posters, & Memos Review/Update the Technical Assistance Guide Q1 Q4 CIV 11/1/16 11/15/16 CIV 12/1/16 12/30/16 CIV 48

50 Internal Program Review Action Step Timeline Participants Results Identify documents that should be reviewed for compliance Develop a plan, strategy and process for this document review 11/19/16 12/15/16 CIV I-Team Title VI Liaisons 11/19/16 12/30/16 CIV I-Team Title VI Liaisons Complete Document Reviews Q2 Q4 CIV Review Construction Proposals Quarterly (10) (Q1 Q4) CIV 10 completed in Q External Program Reviews Action Step Timeline Participants Results Build a combined subrecipient 10/24/16 12/15/16 CIV list Title VI Reviews Quarterly (2) (Q1 Q4) Subrecipients (Cities, Counties, & MPOs) Title VI Reviews Quarterly (2) (Q2 Q4) Subrecipients (Consultants & Universities/Coll eges) 49

51 Special Emphasis Area Reviews Action Step Timeline Participants Results Review FFY 2016 survey results Review FFY 2016 reported data and analysis Implement a CIV process for this review Prepare a plan for these reviews on an ongoing basis Explore better methods for SEAs providing information and data to CIV Provide feedback to improve their Title VI efforts, reporting, and compliance Corrective Action (MNT & CST) Conduct research on how other DOTs are collecting/analyzing data in their Construction and also Title VI Desk Reference Division Directors Meet to discuss Issue(s) Plan and schedule Implementation 11/7/16 11/30/16 CIV 11/7/16 11/30/16 CIV 11/14/16 11/30/16 CIV 11/14/16 11/30/16 CIV Q1 Q3 Q3 Q4 11/7/16 12/1/16 CIV TBD TBD CIV & I-Team CIV & I-Team CIV Director, CST Director, & MNT Director CIV, MNT, & CST, I-Team Results 50

52 FFY Title VI/Nondiscrimination Annual Work Plan & Accomplishment Report Attachments 51

53 Attachment 1 Title VI I-Team Meeting Agenda 52

54 Attachment 2 Annual Questionnaires From: CIV_BusinessOperations Subject: Title VI Accomplishments and Goals Questionnaire Importance: High The Civil Rights Division (CIV) is requesting your completion of a questionnaire to assist the department in satisfying Title VI requirements for the Federal Highway Administration (FHWA). CIV will use the information you supply to assess the effectiveness of Title VI and other Nondiscrimination requirements. Solicitation of this information is in accordance with 23 CFR Part 200.9(b)(6), State highway agency responsibilities. The questionnaire is located at and should be completed and submitted no later than August 31, For more information about Title VI/Nondiscrimination requirements, visit TxDOT s web site at The web site includes two FHWA documents titled Title VI/Nondiscrimination Compliance Review Program and Title VI/Nondiscrimination Program. If you have any questions regarding this request, please contact Diana Miranda at (512) or Diana.Miranda@txdot.gov. Thank you. Michael D. Bryant Director Civil Rights Division 53

55 Title VI Accomplishments and Goals Questionnaire Contracts & Purchasing Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division's designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Complaints 3. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 4. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 5. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 6. Does the Division ensure its recipients, including Local Public Agencies (LPAs), receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 7. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 8. Does the Division ensure its recipients, including LPAs, receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Describe the Division s procedures to periodically evaluate how contracts are developed and advertised/awarded to determine compliance with Title VI/Nondiscrimination requirements. 10. Describe the Division s procedures to ensure recipients, including LPAs, receiving federal funds and advertise/award federally-funded contracts periodically evaluate how contracts are developed and advertised/awarded to determine compliance with Title VI/Nondiscrimination requirements. Procurement 11. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 12. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 13. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 54

56 14. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 15. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 16. Describe the Division s procedures to ensure that the bidding and award process for consultant agreements and construction contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 17. Describe the Division s procedures to monitor recipients, including LPAs, to ensure that the bidding and award process for consultant agreements and construction contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 18. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. Limited English Proficiency 22. A memo was sent to the division's director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its Title VI update report to FHWA. Training 23. What Title VI training was provided by the Division? 24. What Title VI training has the Division staff attended? 25. Describe the Division s FFY 2017 Title VI training goals. Subrecipient Monitoring 26. Describe the Division s efforts to ensure that recipients, including LPAs, receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 55

57 Title VI Accomplishments and Goals Questionnaire Construction Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Does the Division ensure its contractors, including Local Public Agencies (LPAs), receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 10. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 11. Does the Division ensure its contractors, including LPAs, receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. Procurement 12. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 13. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 56

58 14. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 15. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 16. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 17. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 18. Describe the Division s procedures to ensure that the bidding and award process for contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to monitor contractors, including LPAs, to ensure that the bidding and award process for contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to monitor contractors, including LPAs, receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 22. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 23. Describe the Division s procedures to monitor contractors, including LPAs, receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 24. Describe the Division s procedures to ensure that the prime contractor understands its responsibilities to be compliant with Title VI/Nondiscrimination requirements (including ensuring that all contractors are aware of their Title VI/Nondiscrimination responsibilities). Is this information included in the Division s operations manual? If not, describe efforts to include this information. 57

59 Planning and Public Involvement 25. Describe how the Division ensures that persons with disabilities are aware of an ADA-compliant path through/around the construction zone during the construction phase. 26. Describe how the Division monitors contractors, including LPAs, to ensure persons with disabilities are aware of an ADA-compliant path through/around the construction zone during the construction phase. Limited English Proficiency 27. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 28. Describe the Division s FFY 2017 LEP-related goals. Training 29. What Title VI training was provided by the Division? 30. What Title VI training has the Division staff attended? 31. Describe the Division s FFY 2017 Title VI training goals. Affirmative Action Programs 32. Describe how the Division monitors the Department s On-the-Job Training Program? 33. Describe how the Division monitors the federal contractor s Equal Employment Opportunity (EEO) obligations pursuant to form FHWA Describe the Division s role in obtaining the federal contractor s employment data related to the contractor s annual EEO report (1391 Report). Data Collection 35. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. Contractor Monitoring 36. Describe the Division s efforts to ensure that contractors, including LPAs, receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 58

60 Title VI Accomplishments and Goals Questionnaire Design Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Does the Division ensure its recipients, including Local Public Agencies (LPAs), receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 10. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 11. Does the Division ensure its recipients, including LPAs, receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. Procurement 12. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 13. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 59

61 14. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 15. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 16. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 17. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 18. Describe the Division s procedures to ensure that the bidding and award process for consultant agreements and professional service contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to monitor recipients, including LPAs, to ensure that the bidding and award process for consultant agreements and construction contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 22. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 23. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 24. Describe the Division s procedures to implement the public participation plan processes to effectively include Title VI/Nondiscrimination populations in the development of design plans. Is this information included in the Division s operations manual? If not, describe efforts to include this information. Planning and Public Involvement 25. Does the Division utilize GIS capabilities or equivalent/improved systems to map the identified EJ and LEP populations (based upon the most recent Census data)? If so, are these EJ and LEP Maps included in the public participation plan or referenced in the Division s operations manual? Additionally, are these Maps included on the Department s Web site internally and externally? 60

62 26. Describe how the Division ensures that Title VI/ Nondiscrimination populations are effectively participating in the process during the Design phase. 27. Describe how the Division monitors all recipients, including LPAs, to ensure that Title VI/ Nondiscrimination populations are effectively participating in the process during the Design phase. 28. Describe the Division s Consultant Selection Process for the development of project plans. 29. Describe the Division s procedures to identify and ensure participation of all Title VI/Nondiscrimination populations (including EJ and LEP populations) in the development of project plans. Do these procedures define how public meetings are noticed and conducted and how comments from members of the public are addressed? 30. Describe the Division s efforts to periodically evaluate its public participation procedures to determine if the process and how they are being implemented are Title VI/Nondiscrimination compliant. Limited English Proficiency 31. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 32. Describe the Division s FFY 2017 LEP-related goals. Training 33. What Title VI training was provided by the Division? 34. What Title VI training has the Division staff attended? 35. Describe the Division s FFY 2017 Title VI training goals. Data Collection 36. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. Subrecipient Monitoring 37. Describe the Division s efforts to ensure that recipients, including LPAs, receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 38. Describe how the Division monitors all recipients, including LPAs, receiving federal funds and implement the Design Program on its public participation process. 61

63 Title VI Accomplishments and Goals Questionnaire Environmental Affairs Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Does the Division ensure its recipients (to include Local Public Agencies or LPAs) receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 10. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 11. Does the Division ensure its recipients (to include LPAs) receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. Procurement 12. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 13. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 62

64 14. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 15. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 16. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 17. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 18. Describe the Division s procedures to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to monitor recipients (to include LPAs) to ensure that the bidding and award process for consultant and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to monitor recipients (to include LPAs) receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 22. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 23. Describe the Division s procedures to monitor recipients (to include LPAs) receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 24. Describe the implementation of the EJ requirements in the Division s operations manual. 25. Describe the Division s procedures to implement the public participation plan processes to effectively include Title VI/Nondiscrimination populations in the development of Environmental documents. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 26. Describe the Division s procedures to ensure that services of Environmental consultants are retained in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 63

65 Planning and Public Involvement 27. Does the Division utilize GIS capabilities or equivalent/improved systems to map the identified EJ and LEP populations (based upon the most recent Census data)? If so, are these EJ and LEP Maps included in the public participation plan or referenced in the Division s operations manual? Additionally, are these Maps included on the Department s Web site internally and externally. 28. How many pre-draft Environmental Impact Statements (EIS) were reviewed in FFY 2016? 29. Describe how the Division ensures that Title VI/Nondiscrimination populations are effectively participating in the development process of Environmental documents (EIS, EA). Does this include the process to publish legal notices? 30. Describe how the Division monitors recipients (to include LPAs) to ensure that Title VI/Nondiscrimination populations are effectively participating in the development process of Environmental documents (EIS, EA). Does this include the process to publish legal notices? 31. Describe the Division s procedures to identify and ensure participation of all Title VI/Nondiscrimination populations (including EJ and LEP populations) in the development of project plans? 32. Describe the Division s procedures on the Consultant Selection Process for development of Environmental Impact Statements (EISs) and Environmental Assessments (EAs). 33. Describe the Division s procedures to identify and ensure participation of all Title VI/Nondiscrimination populations (including EJ and LEP populations) in the development of draft and final EISs, EAs, and Categorical Exclusions. Do these procedures define how public meetings and hearings are noticed and conducted and how comments from members of the public are addressed? 34. Describe the Division s procedures to identify Title VI/Nondiscrimination populations (including EJ and LEP populations) during the Scoping phase of an EIS/EA. 35. Describe if the Division s Request for Proposal (RFP) process include the task of collecting socioeconomic statistical data sufficient for analysis to determine impacts (if any) to Title VI/Nondiscrimination populations (including EJ and LEP populations). 36. Describe the Division s procedures on how the impacts to Title VI/Nondiscrimination populations (including EJ and LEP populations) are evaluated. 37. Describe the Division s efforts to periodically evaluate its public participation procedures to determine if the process and how they are being implemented are Title VI/Nondiscrimination compliant. Limited English Proficiency 38. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 39. Describe the Division s FFY 2017 LEP-related goals. Training 40. What Title VI training was provided by the Division? 41. What Title VI training has the Division staff attended? 42. Describe the Division s FFY 2017 Title VI training goals. 64

66 Environmental Justice (EJ) Plan/Process 43. Describe the Division s procedures and resources for identifying minority and low-income populations. For example, does the Division use the most recent Census data and the definition of low-income as established by the U.S. Department of Health & Human Services? 44. Describe the Division s procedures to ensure the participation of the identified minority and lowincome populations located within the limits of a proposed project. Data Collection 45. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. Subrecipient Monitoring 46. Describe the Division s efforts to ensure that recipients (to include LPAs) receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 47. Describe how the Division monitors all recipients (to include LPAs) receiving federal funds and implement the Environment Program on its public participation process. 65

67 Title VI Accomplishments and Goals Questionnaire Maintenance Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. Procurement 10. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 11. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 12. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 13. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. 66

68 Operations Manual 14. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 15. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 16. Describe the Division s procedures to ensure that the bidding and award process for contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 17. Describe the Division s procedures to monitor contractors, including Local Public Agencies (LPAs), to ensure that the bidding and award process for contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 18. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to implement the Highway Maintenance Program. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to ensure that the process to maintain the highway infrastructure is implemented in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. Planning and Public Involvement 22. Does the Division utilize GIS capabilities or equivalent/improved systems to map the identified EJ and LEP populations (based upon the most recent Census data)? If so, are these EJ and LEP Maps included in the public participation plan or referenced in the Division s operations manual? Additionally, are these Maps included on the Department s Web site internally and externally? 23. Describe how the Division ensures that Maintenance activities are prioritized including the needs of Title VI/Nondiscrimination populations? 24. Describe how the Division monitors contractors, including LPAs, to ensure that Maintenance activities are prioritized including the needs of Title VI/Nondiscrimination populations. 25. Describe how the Division ensures and periodically reviews that the development and implementation of the Maintenance Program is compliant with Title VI/Nondiscrimination requirements. 67

69 Limited English Proficiency 26. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 27. Describe the Division s FFY 2017 LEP-related goals. Training 28. What Title VI training was provided by the Division? 29. What Title VI training has the Division staff attended? 30. Describe the Division s FFY 2017 Title VI training goals. Data Collection 31. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. 68

70 Title VI Accomplishments and Goals Questionnaire Right of Way Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Does the Division ensure its recipients, including Local Public Agencies (LPAs), receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 10. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 11. Does the Division ensure its recipients, including LPAs, receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 12. Describe how the Division ensures Appendix C and Appendix D (as applicable) of the standard FHWA Assurances for Title VI and Other Nondiscrimination Statutes and Regulations document are included in all Right-of-Way-related excess land disposals (excess land sales) and airspace leases/licenses. 69

71 Procurement 13. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 14. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 15. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 16. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 17. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 18. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to ensure that the bidding and award process for contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to monitor recipients, including LPAs, to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 22. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 23. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 24. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 25. Describe the Division s procedures to implement the public participation plan processes to ensure that all ROW activities are implemented regardless of whether the individual is a Title VI/ Nondiscrimination person or not. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 70

72 26. Describe the Division s procedures to ensure that Title Searching/Acquisition/Valuation consultant services are retained in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. Planning and Public Involvement 27. Does the Division utilize GIS capabilities or equivalent/improved systems to map the identified EJ and LEP populations (based upon the most recent Census data)? If so, are these EJ and LEP Maps included in the public participation plan or referenced in the Division s operations manual? Additionally, are these Maps included on the Department s Web site internally and externally? 28. Describe how the Division ensures that Title VI/Nondiscrimination persons are not treated differently as the ROW program elements are implemented (Title Searching, Property Valuation, Property Negotiation, Relocation, and Property Management). 29. Describe how the Division monitors recipients, including LPAs, to ensure that Title VI/Nondiscrimination persons are not treated differently as the ROW program elements are implemented (Title Searching, Property Valuation, Property Negotiation, Relocation, and Property Management). 30. Describe the Division s fee appraiser, fee negotiator, fee title searching, and fee property management selection process. 31. Describe the Division s process to identify Persons Not Lawfully Present in the United States (not eligible for Relocation Benefits due to Illegal Aliens Act of 1997). 32. Describe the Division s property valuation process (includes appraisal and review appraisal processes), including providing opportunity to property owner to accompany appraiser during property inspection. 33. Describe the Division s negotiation process (bona fide negotiations), including the written offers, consideration of counteroffers, etc. 34. Describe the Division s Relocation Process, including the development of relocation housing payments, mortgage differential payments, appeals process, etc. 35. Describe how the Division prioritizes the physical maintenance of residential structures still occupied by the former owners/tenants. 36. Describe how the Division periodically evaluates its public participation procedures to determine if the processes and how they are being implemented are Title VI/Nondiscrimination compliant. 37. Describe how the Division monitors all recipients, including LPAs, receiving federal funds and implement the Right-of-Way Program on its public participation procedures. Limited English Proficiency 38. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 39. Describe the Division s FFY 2017 LEP-related goals. 71

73 Training 40. What Title VI training was provided by the Division? 41. What Title VI training has the Division staff attended? 42. Describe the Division s FFY 2017 Title VI training goals. Internal Monitoring/Process Reviews 43. Describe how the Division evaluates the following areas: Property Valuation (Appraisals), Property Acquisition (Negotiation), Property Relocation, Property Management, and Consultant Selection. Negotiations, Acquisitions and Relocations 44. How many negotiations were made during FFY 2016? Does the negotiator s log reflect any disparity in the conduct of negotiations between minorities and non-minorities? 45. Did minorities, women, elderly, disabled, or low-income raise any concerns regarding their options during the negotiation phase? If so, specify how many were minorities, women, elderly, disabled, and low-income. 46. Specify the number of acquisitions and relocations made during FFY Were any concerns raised by minorities, women, elderly, disabled, and low-income on replacement housing, referral housing, appraisals, relocation assistance, payments and property management? Data Collection 48. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. 49. Does the Division sample data on an annual basis to determine if Relocation Housing Benefits are being calculated based upon the Relocatee s specific housing situation and not based upon the person s race, color, national origin, sex, age, or disability? Subrecipient Monitoring 50. Describe the Division s efforts to ensure that recipients, including LPAs, receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 72

74 Title VI Accomplishments and Goals Questionnaire Research and Technology Implementation Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Does the Division ensure its recipients, including Local Public Agencies (LPAs), receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 10. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 11. Does the Division ensure its recipients, including LPAs, receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 12. Describe the Division s efforts to ensure that Research Statements of Work offer Minority Institutions of Higher Education (MIHEs) the opportunity to effectively compete for projects. 13. Describe the Division s efforts to monitor recipients, including LPAs, to ensure that Research Statements of Work offer MIHEs the opportunity to effectively compete for projects. 73

75 Procurement 14. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 15. How many projects were awarded to minority versus non-minority universities and contractual researchers in FFY 2016? Describe the Division s increase or decrease in contracts with MIHEs. 16. Describe the Division s efforts to encourage minority universities to submit proposals for research projects. 17. Describe how the Division s monitors all recipients, including LPAs, efforts to encourage minority universities to submit proposals for research projects. 18. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 19. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 20. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 22. Describe the Division s procedures to monitor recipients, including LPAs, to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 23. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 24. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 25. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 26. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 74

76 27. Describe the Division s procedures to ensure that MIHEs are identified and included in the solicitation and award process. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 28. Describe the Division s procedures to ensure that colleges/universities receiving federal financial assistance are aware of their Title VI/Nondiscrimination responsibilities? Is this information included in the Division s operations manual? If not, describe efforts to include this information. Planning and Public Involvement 29. Does the Division utilize GIS capabilities or equivalent/improved systems to map the identified EJ and LEP populations (based upon the most recent Census data)? If so, are these EJ and LEP Maps included in the public participation plan or referenced in the Division s operations manual? Additionally, are these Maps included on the Department s Web site internally and externally? Limited English Proficiency 30. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 31. Describe the Division s FFY 2017 LEP-related goals Data Collection 32. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. Training 33. What Title VI training was provided by the Division? 34. What Title VI training has the Division staff attended? 35. Describe the Division s FFY 2017 Title VI training goals. Subrecipient Monitoring 36. Describe the Division s efforts to ensure that recipients, including LPAs, receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 75

77 Title VI Accomplishments and Goals Questionnaire Traffic Operations Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Does the Division ensure its recipients, including Local Public Agencies ( LPAs), receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 10. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 11. Does the Division ensure its recipients, including LPAs, receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. Procurement 12. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 13. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 76

78 14. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 15. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 16. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 17. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 18. Describe the Division s procedures to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to monitor recipients, including LPAs, to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 22. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 23. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 24. Describe the Division s procedures to implement its public participation plan process to effectively include Title VI/Nondiscrimination populations participation in the location determination and development of Safety-related projects. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 25. Describe the Division s process to develop the Highway Safety Improvement Program (HSIP). 77

79 Planning and Public Involvement 26. Does the Division utilize GIS capabilities or equivalent/improved systems to map the identified EJ and LEP populations (based upon the most recent Census data)? If so, are these EJ and LEP Maps included in the public participation plan or referenced in the Division s operations manual? Additionally, are these Maps included on the Department s Web site internally and externally? 27. Describe how the Division ensures that Safety projects follow the same public participation process that non-safety projects follow. 28. Describe how the Division monitors all recipients, including LPAs, to ensure that Safety projects follow the same public participation process that non-safety projects follow. 29. Describe the Division s procedures to identify and ensure participation of all Title VI/Nondiscrimination populations (including EJ and LEP populations) in the development of Safety environmental documentation and project plans. Do these procedures define how public meetings and hearings are noticed and conducted and how comments from members of the public are addressed? 30. Describe the Division s efforts to periodically evaluate its public participation procedures to determine if the process and how they are being implemented are Title VI/Nondiscrimination compliant. Limited English Proficiency 31. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 32. Describe the Division s FFY 2017 LEP-related goals. Training 33. What Title VI training was provided by the Division? 34. What Title VI training has the Division staff attended? 35. Describe the Division s FFY 2017 Title VI training goals. Data Collection 36. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. Subrecipient Monitoring 37. Describe the Division s efforts to ensure that recipients, including LPAs, receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 38. Describe how the Division monitors recipients, including LPAs, receiving federal funds and implement the Safety Program on its public participation process. 78

80 Title VI Accomplishments and Goals Questionnaire Transportation Planning and Programming Division Title VI Liaison 1. Please provide your name. 2. Provide the name of the Division s designated Title VI Liaison responsible for Title VI matters. If none, describe efforts to designate a Title VI Liaison. Dissemination of Title VI Information 3. Does the Division disseminate Title VI information to the general public? If so, describe efforts. 4. Does the Division s Title VI information detail the Title VI/Nondiscrimination obligations and notify of the protections against discrimination afforded to them by Title VI/Nondiscrimination requirements? If not, describe efforts to include this information. 5. Describe the Division s FFY 2017 Title VI goals for dissemination of Title VI information to the general public. Complaints 6. Describe the Division s procedures on identifying and reporting external Title VI complaints of discrimination. If none, describe efforts to develop procedures. 7. Did the Division receive any external discrimination complaints in FFY 2016? If so, provide brief details about the complaint and the status. Contract Administration 8. Is the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances inserted into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 9. Does the Division ensure its recipients, including Local Public Agencies (LPAs), receiving federal funds include the Title VI/Nondiscrimination paragraph from the U.S. DOT Standard Title VI Assurances into all solicitations for bids and requests for proposals? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 10. Are the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances included all contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. 11. Does the Division ensure its recipients, including LPAs, receiving federal funds include the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances in all its contracts and consultant agreements? If so, describe how this is verified. If not, describe efforts to ensure the information is included and how it will be verified. Procurement 12. How many FFY 2016 federally funded projects did the Division manage? What was the total dollar amount? 13. Did the Division s FFY 2016 contracts include a DBE goal? If so, what was the total DBE dollar amount? 79

81 14. Describe the Division s efforts to encourage minority and female owned businesses to bid on contracting opportunities. 15. Describe the Division s FFY 2017 Title VI goals to provide and/or increase contracting opportunities for small, minority, and female owned businesses. Operations Manual 16. Does the Division s operations manual include the required Title VI/Nondiscrimination language? If not, describe efforts to include this information. 17. Describe the Division s procedures to implement the requirements of Environmental Justice (EJ) Executive Order and Limited English Proficiency (LEP) Executive Order Is this information included in the Division s operations manual? If not, describe efforts to include this information. 18. Describe the Division s procedures to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 19. Describe the Division s procedures to monitor recipients, including LPAs, to ensure that the bidding and award process for agreements and contracts is conducted in a Title VI/Nondiscrimination compliant manner. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 20. Describe the Division s procedures to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 21. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the paragraph from the U.S. DOT Standard Title VI Assurances is included in all solicitations for bids. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 22. Describe the Division s procedures to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 23. Describe the Division s procedures to monitor recipients, including LPAs, receiving federal funds to ensure the clauses of Appendix A and E of the U.S. DOT Standard Title VI Assurances are included in all contracts and consultant agreements. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 24. Describe the Division s procedures to implement the public participation plan processes to effectively include Title VI/Nondiscrimination populations in the development of planning documents. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 25. Describe the Division s procedures to ensure that Metropolitan Planning Organizations (MPOs)/ Transportation Management Areas (TMAs) are effectively including Title VI/Nondiscrimination populations in the development of planning documents. Is this information included in the Division s operations manual? If not, describe efforts to include this information. 26. Describe the implementation of the EJ requirements in the Division s operations manual. 80

82 Planning and Public Involvement 27. Does the Division utilize GIS capabilities or equivalent/improved systems to map the identified EJ and LEP populations (based upon the most recent Census data)? If so, are these EJ and LEP Maps included in the public participation plan or referenced in the Division s operations manual? Additionally, are these Maps included on the Department s Web site internally and externally? 28. Describe how the Division ensures that Title VI/Nondiscrimination populations are effectively participating in the development process in the development of planning documents (STIP, Long- Range Transportation Plan). 29. Describe how the Division monitors MPOs to ensure that Title VI/Nondiscrimination populations are effectively participating in the development process in the development of MPO planning documents (TIP, UPWP, and Long-Range Transportation Plan). 30. Describe the Division s procedures to identify and ensure participation of all Title VI/Nondiscrimination populations (including EJ and LEP populations) in the development of the Statewide Transportation Improvement Program (STIP) and STIP Amendments, Long-Range Statewide Transportation Plan, and the Public Participation Plan/Process. a. Do these procedures define how public hearings and public meetings are noticed and conducted and how comments from members of the public are addressed? b. Does the process evaluate the impacts to these populations? c. Describe how the Division monitors the MPO and Transportation Management Areas (TMAs) to ensure compliance with Title VI/Nondiscrimination requirements? Is this, at minimum, accomplished through the Metropolitan Planning Agreement? d. Does the TMA Certification Process address Title VI/Nondiscrimination requirements? e. How does the Division periodically evaluate these procedures to determine if the processes being implemented are Title VI/Nondiscrimination compliant? 31. Describe the Division s procedures to monitor MPOs to identify and ensure participation of all Title VI/Nondiscrimination populations (including EJ and LEP populations) in the development of the Transportation Improvement Program (TIP) and TIP Amendments, Unified Planning Work Programs (UPWPs), Long-Range Transportation Plan, and the Public Participation Plan. a. Do these procedures define how public hearings and public meetings are noticed and conducted and how comments from members of the public are addressed? b. Does the MPO evaluate the impacts to these populations? c. Does the Metropolitan Planning Agreement detail the MPO's Title VI/Nondiscrimination responsibilities? d. Does the TMA Certification Process address Title VI/Nondiscrimination requirements? e. Does the MPO periodically evaluate these procedures to determine if the processes being implemented are Title VI/Nondiscrimination compliant? 32. Is the Division responsible for conducting public meetings and hearings? If so, identify the number of public meetings and hearings held during FFY Describe the mechanisms used to identify what communities were represented at these public meetings and hearings. 34. Describe the Division s Title VI goals for planning and public involvement in FFY

83 Limited English Proficiency 35. A memo was sent to the Division s director requesting that each DD submit the LEP Annual Report form 2492 by August 31, 2016 along with an updated LEP plan, if applicable. CIV will integrate these language assistance efforts into its annual Title VI Update Report to the FHWA. 36. Describe the Division s FFY 2017 LEP-related goals. Training 37. What Title VI training was provided by the Division? 38. What Title VI training has the Division staff attended? 39. Describe the Division s FFY 2017 Title VI training goals. Environmental Justice (EJ) Plan/Process 40. Describe the Division s procedures and resources for identifying minority and low-income populations. For example, does the Division use the most recent Census data and the definition of low-income as established by the U.S. Department of Health & Human Services? 41. Describe the Division s public participation procedures to ensure the participation of the identified minority and low-income populations located within the limits of a proposed project. Data Collection 42. A memo was sent to the Division s director requesting a Title VI data analysis report due by August 31, CIV will integrate the data analysis report into its annual Title VI Update Report to the FHWA. Subrecipient Monitoring 43. Describe the Division s efforts to ensure that recipients, including LPAs, receiving federal funds are aware of their Title VI/Nondiscrimination responsibilities. 82

84 Attachment 3 Data Collection Memorandum 83

85 Attachment 4 Limited English Proficiency Annual Report Memorandum 84

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107 Attachment 10 TPP Data Collection 106

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