ada settlement agreement - oregon · ada settlement agreement section 8 report, 2018 issued: march...

OREGON DEPARTMENT OF TRANSPORTATION

ADA Settlement AgreementSection 8 Report, 2018

Issued: March 28, 2019

Section 8, 2018 Report 3-28-19 Page 1

The Oregon Department of Transportation (ODOT) and the Association of Oregon Centers for Independent Living, et al. (AOCIL) entered into a 15-year settlement agreement (Agreement) on November 2, 2016, to make state highways more accessible to people with disabilities. Section 8 of that Agreement requires ODOT to report annually about its progress on specific tasks. This is the language from Section 8 of the Agreement and the report page numbers where the information will be found.

Section 8. Reporting

For each year of this Agreement, ODOT will prepare an annual report based upon the work ODOT has performed under this Agreement each year and provide information relating to its progress, including:

(a) list of actions undertaken and completed by ODOT each year pursuant to this Agreement; Pages 2 – 8

(b) amount expended pursuant to Section 3; Page 9 (c) number of curb ramp locations remediated, specifically:

a. the number of curb ramp locations and actual curb ramps remediated per Section 4 (a) or (b) and their physical locations; and Page 10

b. the number of curb ramp locations remediated per Section 4 (c), (d), (e), (f), and (g), and their physical locations; Page 11

(d) number of curb ramp locations remaining to be remediated and their physical locations. Page 13.

ODOT has made progress implementing the provisions in the Agreement and is pleased to provide its annual report for 2018.


Part (a) Actions completed by ODOT pursuant to the Agreement through December 31, 2018

The following is a summary of ODOT actions organized by the Agreement Section. Not all sections required deliverables during 2018; those sections (6, 10-13, and 16-25) are not addressed in this report.

Section 1. Updated Statewide Curb Ramp Inventory

The updated curb ramp inventory was completed in 2017. ODOT completed quality assurance/quality control on the over 800,000 data points in the curb ramp inventory in 2018. It delivered an updated inventory report on January 7, 2019.

Consistent with this Agreement, jurisdictional transfers that occurred in 2018 are being tracked to ensure that necessary curb ramp remediation takes place.

Section 2. Inventory of Pedestrian Crossing Signals

The pedestrian signal inventory, including related quality assurance/quality control, was completed and delivered in 2017.

Jurisdictional transfers that occurred in 2018 are being tracked to ensure that necessary pedestrian signal remediation takes place.

Section 3. Initial Commitment for Prioritized Projects

ODOT committed an initial $5 million to address priority curb ramps and associated pedestrian signals; the money will be spent on project scoping, estimating, development, design, right of way, environmental evaluation and remediation, utilities, and construction. Priorities were approved by AOCIL in November 2017 and included locations in Regions 1, 2, and 4. The following is an update on the priority location work.

Region 1 – Portland Metro

• Portland area curb ramps and related pedestrian signals are being included in existing projects currently in the planning phases.

• Eight curb ramps in Portland on the AOCIL provided list were remediated in projects in 2018.

• Beaverton/Hillsboro curb ramp locations are being included in upcoming projects currently in the planning phase.


Region 2 – Willamette Valley/North Coast

• ODOT has contracted for the curb ramp and related pedestrian signal design work in the top two priority areas, Clatskanie and Springfield. Two of the Clatskanie curb ramps were remediated as part of another project. The remaining locations are going through final environmental clearance processes then will proceed to final design.

• Fifteen curb ramps in Lincoln City on the AOCIL provided list were remediated in projects in 2018.

• The City of Lincoln City will be remediating some curb ramps from the prioritized project list. These are in design.

Region 4 – Central Oregon

• ODOT is including the Bend priority curb ramps and related pedestrian signals in a project currently in the design phase.

Section 4. Remediation of Curb Ramp Inventory

In 2018, ODOT remediated 663 non-compliant curb ramps previously identified in the updated curb ramp inventory as fair, poor, or missing. Remediation details are provided in Part (c) of this report on Pages 10 – 12.

Section 5. Remediation of Pedestrian Signals

As ODOT receives audible pedestrian signal requests, it is responding to them in accordance with the Agreement Appendix B ODOT policy. In 2018, ODOT installed at least 18 audible pedestrian signals. Some of these were from requests received in 2018 and some were resolutions of requests received in 2017.

ODOT looks forward to working with the Plaintiffs to develop pedestrian signal remediation schedule.

Section 7. Accessibility Consultant

ODOT retained Cole & Associates as its accessibility consultant. As part of their work under the Settlement Agreement, Cole reviews ODOT policies, standards, practices, training, forms, and guidance to determine whether ODOT is following Applicable Standards. When Cole is satisfied, they provide a concurrence letter acknowledging that ODOT is complying with the Applicable Standards.

In 2018, Cole provided concurrence letters for

• The Design Exception Form • Temporary Pedestrian Route Plans Required for Work Zones Policy • The Curb Ramp Design Checklist


Section 9. Alternate Routes during Construction

ODOT has updated its policy to provide Temporary Pedestrian Accessible Routes (TPARs) through and around work zones that meet Applicable Standards. As noted in Section 7 above, the accessibility consultant, Cole & Associates, provided concurrence with the policy and conducted an in-field review. ODOT staff continues to improve accessibility in work zones. For example, in July ODOT staff accompanied the accessibility consultant on the field reviews and reevaluated some in-place TPARs to ensure they are providing appropriate access.

When projects are nearing the construction phase, ODOT notifies organizations that serve people with disabilities about TPARs for the projects. These organizations are the Centers for Independent Living (CIL) as provided by AOCIL. Even prior to the construction phase, ODOT notifies these organizations about project open houses where the public can learn more about the project, provide input, and share concerns.

ODOT provided information and guidance to its staff statewide related to alternative routes during construction at the following meetings:

January 16, 2018 TPAR Design Resource meeting February 20, 2018 TPAR Design Resource meeting March 20, 2018 TPAR Design Resource meeting April 27, 2018 Construction Industry Leadership Team May 15, 2018 TPAR Design Resource meeting June 19, 2018 TPAR Design Resource meeting August 21, 2018 TPAR Design Resource meeting September 18, 2018 TPAR Design Resource meeting October 4, 2018 Construction Project Managers meeting October 11, 2018 Traffic Operations Leadership Team October 16, 2018 TPAR Design Resource meeting October 24, 2018 Technical Leadership Center Town Hall November 20, 2018 TPAR Design Resource meeting December 18, 2018 TPAR Design Resource meeting

In October, ODOT provided guidance to its maintenance offices with a TPAR newsletter.

Section 14. ODOT Oversight

ODOT identified Dick Upton, ADA Program manager, as a person with access to the ODOT director as necessary to be responsible for implementation of processes developed for remediation obligations.

ODOT identifies Yolonda Garcia, Office of Civil Rights coordinator, as ADA coordinator.

This information is posted on ODOT’s website.

http://www.oregon.gov/ODOT/About/Pages/ADA.aspx


Section 15. Public Complaint and Request Process

ODOT has established its process to track and respond to comments, questions, concerns, or requests (CQCR) consistent with this section. The ADA CQCR Communications Team meets regularly and as necessary. When a CQCR is received, team members throughout the department acknowledge receipt, provide contact information for other jurisdictions as needed, collaborate across ODOT for a resolution, and provide the requester periodic updates based on the plan to address the CQCR.

ODOT actively seeks input regarding accessibility for all to transportation infrastructure and associated programs by discussing the CQCR process in public presentations, providing forms at the presentations, and having the CQCR form available on its website.

Figure 1: Comments, Questions, Concerns or Requests for 2018

Not ODOT ADA-related, 11%

Long-term Fix, 9%

Information Gathering, 6%

In Remediation, 4%

Resolved, 70%

2018 CQCR Status53 Total

http://www.oregon.gov/ODOT/About/Pages/ADA-Issue-Request-Form.aspx


Figure 2: Distribution of CQCRs for 2018

Region 513%

Region 49%

Other*25%

Region 34%

Region 213%

Region 136%

DISTRIBUTION OF CQCRSTOTAL OF 53 IN 2018

* Includes DMV, Transit, etc.

[As referenced on page 2, there are no deliverables for 2018 for sections 16-25.]

Section 26. Transportation Remediation

As reported in 2017, at ODOT’s recommendation, the Public Transportation Advisory Committee (PTAC) added a member representing seniors and people with disabilities and formed a permanent disability workgroup, which is currently chaired by the same representative. At the request of the chair, ODOT regularly attended the Public Transportation Advisory Committee Disability Workgroup meetings and provided presentations on the ADA Program in July 2018 to the workgroup and in September 2018 to PTAC. At the Oregon Public Transportation Conference in October 2018, ODOT and the disability workgroup chair co-presented on the ODOT Settlement Agreement & Transition Plan.

Section 27. Education and Outreach

ODOT trained approximately 700 ODOT staff, consultants and contractors on curb ramp inspections, completion of the curb ramp inspection form, and curb ramp design.

ODOT made presentations to the following organizations about the Agreement, including the updated curb ramp inventory, status of work on AOCIL’s prioritized locations, the CQCR process, and the importance of Temporary Pedestrian Accessible Route Plans (TPARPs). ODOT notified the CIL representatives of the upcoming meetings and requested their assistance to inform their constituents of the meetings.


January 1, 2018 Region 1 Area Commission on Transportation, Portland January 11, 2018 Northwest Area Commission on Transportation, Scappoose January 17, 2018 Association of Oregon Centers for Independent Living

Quarterly call January 26, 2018 Oregon Metropolitan Planning Organization Commission,

Salem February 1, 2018 Central Lane Transportation Planning Commission,

Springfield February 1, 2018 Oregon Metropolitan Planning Organization Commission,

Springfield March 1, 2018 Mid-Willamette Area Commission on Transportation, Salem March 9, 2018 Portland State University Transportation and Wayfinding

Summit, Portland March 12, 2018 Public Transportation Advisory Council Disability Workgroup,

Salem April 11, 2018 Association of Oregon Centers for Independent Living,

Board meeting, Salem April 11, 2018 Lane Area Commission on Transportation, Springfield April 27, 2018 Construction Industry Leadership Team, Salem May 7, 2018 Lower John Day Area Commission on Transportation, Rufus May 8, 2018 Rogue Valley Area Commission on Transportation, Medford May 9, 2018 Project Public Meeting, Pendleton June 12, 2018 Central Oregon Coalition for Accessibility, Bend June 18, 2018 Northeast/Southeast Area Commission on Transportation July 11, 2018 Local Program Advisory Council, Salem July 11, 2018 Association of Oregon Centers for Independent Living

Board meeting, Salem July 12, 2018 Central Oregon Area Commission on Transportation,

Redmond July 18, 2018 Oregon Bicycle & Pedestrian Advisory Committee Conference call July 26, 2018 Central West Area Commission on Transportation, Toledo July 30, 2018 Public Transportation Advisory Council Disability Workgroup,

Salem August 3, 2018 League of Oregon Cities Meeting, Cannon Beach August 10, 2018 South Central Oregon Area Commission on Transportation,

Merrill September 10, 2018 Public Transportation Advisory Council Disability Workgroup,

Salem September 10, 2018 Public Transportation Advisory Council Presentation, Salem September 14, 2018 Southwest Area Commission on Transportation, Coquille September 20, 2018 Oregon Transportation Commission Presentation, Salem October 15, 2018 Oregon Association of Civil Engineers & Surveyors

Conference, Bend


October 23, 2018 Northwest Pavement Management Association Conference, Kennewick, WA

October 29, 2018 Oregon Public Transportation Conference, Bend November 5, 2018 Oregon Commission for the Blind, Salem November 7, 2018 Local Programs Advisory Council, Salem November 8, 2018 Northwest Area Commission on Transportation, Astoria November 13, 2018 Public Transportation Advisory Council Disability Workgroup Salem December 3, 2018 Region 1 Area Commission on Transportation, Portland ODOT made presentations to the following internal groups: February 12, 2018 ODOT Region 2, Project Delivery Management Team,

Salem February 28, 2018 ODOT Region 5 Management Team, La Grande March 5, 2018 ODOT Region 2 Management Team, Salem April 10, 2018 ODOT District 1 Management Team, Astoria April 19, 2018 ODOT Technical Learning Center Town Hall, Salem May 17, 2018 ODOT Region 5 Town Hall, La Grande June 27, 2018 ODOT Technical Learning Center Town Hall, Salem June 27, 2018 ODOT Region 3 Management Team, Roseburg August 23, 2018 ODOT Region 4 Management Team, Bend September 6, 2018 ODOT Region 1 Roadway Technical Center meeting,

Portland September 13, 2018 ODOT Region 2 Roadway Technical Center meeting, Salem October 8, 2018 ODOT Region 4 Roadway Technical Center meeting, Bend October 16, 2018 ODOT Region 3 Roadway Technical Center meeting,

Roseburg November 7, 2018 ODOT Region 5 Roadway Technical Center meeting,

La Grande December 3, 2018 ODOT Office of Civil Rights Staff meeting, Salem This is the conclusion of Part (a)


Part (b) Amount expended pursuant to Section 3

As of December 31, 2018, ODOT spent $286,015 of the $5 million for an engineering firm to provide scoping and construction estimates to remediate AOCIL’s prioritized curb ramps and related pedestrian signals. ODOT anticipates this spending to increase as projects move through project phases.

This amount is not representative of all the work ODOT has performed on prioritized locations, only the work funded under the $5 million commitment. Work on prioritized locations is occurring in other projects funded separately, as noted by ODOT and agreed to by AOCIL when the list was finalized in 2017. Of the 663 curb ramps made compliant in 2018, 25 of those were prioritized locations made compliant in other projects. All locations are shown in this matrix.

Table 1: Plaintiff Priority Location Information

City Region Highway Approximate # of Curb Ramps

Status Estimated Delivery Year

Clatskanie 2 OR 30 2 Complete 2018

Clatskanie 2 OR 30 10 Design Phase 2020

Springfield 2 OR 126 4 Design Phase 2020

Portland 1 US 26 40 Construction 2019

Portland 1 OR 213 8 Complete 2018

Portland 1 OR 213 2 Planning Phase 2020

Portland 1 US 26 24 Design Phase 2021

Bend 4 US 97B, US 20 120 Design Phase 2020 & 2021

Hillsboro 1 OR 8 20 Planning Phase 2020

Hillsboro 1 OR 8 4 Design Phase 2020

Lincoln City 2 US 101 15 Complete 2018

Lincoln City 2 US 101 20 Design Phase 2020

Lincoln City 2 US 101 120 Planning Phase 2022 - 2032

After ODOT has spent the committed $5 million on Plaintiffs’ prioritized locations, any remaining non-compliant curb ramps from the list will be brought into compliance within the 15 years of this Agreement.


Part (c) Number of curb ramp locations remediated

This Agreement requires ODOT to report on the number of curb ramps ODOT remediated and how they were remediated.

a. the number of curb ramp locations and actual curb ramps remediated per Section 4 (a) or (b) and their physical locations; and

ODOT remediated 543 curb ramps under Section 4(b) by upgrading non-compliant curb ramps, as detailed in the matrix below.

Table 2: Section 8, Part c, paragraph a (b) - Upgrading non-compliant curb ramps

Region 1 Region 2 Region 3 Region 4 Region 5 Transferred Total

4b: Compliant due to upgrading an existing non-compliant curb ramp

114 279 73 55 22 0 543

By definition in ODOT standards and the Agreement, a “non-compliant curb ramp” includes both a curb ramp that does not meet one or more of the design elements AND a curb ramp that does not exist at location but is needed for a pedestrian crossing. The latter curb ramp is a “missing curb ramp” under the Agreement. As required, ODOT reports on the number of missing curb ramps that were remediated by physically installing a new curb ramp under Section 4(a).

Of the 543 remediated curb ramps, 22 were new curb ramps to replace missing curb ramps. A summary of missing curb ramps that were remediated by physical installation is provided in the matrix below.

Table 3: Section 8, Part c, paragraph a (a) – Missing curb ramp installations


4a: Compliant due to installation of missing curb ramp1

8 2 5 7 0 0 22

See Appendix 1 for physical locations

1 4a “missing” is a subset of existing 4b “non-compliant” curb ramps and is included in the total of 4b.


b. the number of curb ramp locations remediated per Section 4 (c), (d), (e), (f), and (g), and their physical locations.

The matrix in this section shows the number of curb ramps remediated by (c) technical infeasibility through a design exception; (d) closing a pedestrian crossing as appropriate in compliance with Applicable Standards; (e) another permissible exception under the ADA and its implementing regulations; (f) right of way availability; or (g) other methods or changes to the location that bring the location into compliance with Applicable Standards as documented on the curb ramp inspection form and a listing of their physical locations.

Table 4: Section 8, Part c, paragraph b – Curb ramp remediation, by method and region


4c: Compliant due to design exception 13 20 15 0 1 0 49

4d: Compliant due to crosswalk closure 43 16 11 0 1 0 71

4e: Compliant due to other permissible exception under ADA

0 0 0 0 0 0 0

4f: Compliant due to right of way availability

0 0 0 0 0 0 0

4g: Compliant due to other methods or changes consistent with applicable

0 0 0 0 0 0 0

See Appendix 2 for physical locations.


In summary, the total curb ramps remediated under Section 4 is 663. As noted above, the missing curb ramps of 4(a) are included in the total in 4(b). The 663 is calculated by adding the number of curb ramps remediated in Section 4(b) to the number of curb ramps remediated in Section 4(c), (d), (e), (f), and (g). Accordingly:

Table 5: Summary of remediation under Section 4

Report Section Number of 2018 Compliant Curb Ramps

Section 4(b) 543

Section 4(c) 49

Section 4(d) 71

Section 4(e) 0

Section 4(f) 0

Section 4(g) 0

Total 663


Part (d) Number of curb ramp locations remaining to be remediated and their physical locations

ODOT, continues to plan curb ramp specific projects, and where applicable, curb ramp remediation is incorporated into other ODOT projects.

This matrix shows the updated good, fair, poor, and missing curb ramps by region following 2018 remediation. There are a total 27,327 curb ramps. At the start of 2018, there were 26,562 non-compliant curb ramps. After 2018 curb ramp construction work, that number has been reduced to 25,899. That means ODOT has updated 663 curb ramps in the Settlement Agreement inventory to meet the standards for compliance.

Table 6: Curb ramp conditions, by region

Functional Condition

Region 1: Portland Metro

Region 2: Willamette Valley, North Coast

Region 3: Southern Oregon, South Coast

Region 4: Central Oregon

Region 5: Eastern Oregon

Transferred Total

Good 418 552 190 110 136 22 1,428

Fair 18 18 7 7 3 0 53

Poor 7,736 8,960 3,324 2,169 3,464 297 25,846

Missing2 1,156 1,571 564 362 709 19 4,381

Total ADA Settlement Curb Ramps

8,068 9,530 3,521 2,286 3,603 319 27,327

The list of curb ramps remaining to be remediated and their physical locations are in Appendix 3.

2 Missing curb ramps are a subset of “Poor” and are included in the count of “Poor” curb ramps.

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