HomeMy WebLinkAboutApprove the Resolution and Title 6 for WSDOTKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: February 16, 2016
ACTION REQUESTED: Approve & Sign Non -Discrimination Agreement
and Title VI Annual Accomplishment Update
Report for 2015 with the Washington State
Department of Transportation (WSDOT) for a
local agency under 100,000 Population.
BACKGROUND: The Civil Rights Restoration Act of 1987
broadened the scope of Title VI of the Civil
Rights Act of 1964 to include all programs or
activities of federal aid recipients, sub -
recipients, and contractors/consultants,
whether such programs and activities are
federally assisted or not.
The Federal Highway Administration (FHWA)
requires that any local agency that receives
any federal grants, loans, contracts, property,
discounts or other federal assistance extended
by WSDOT enter into a non-discrimination
agreement with WSDOT.
WSDOT approved Kittitas County's Title VI
Program Implementation Plan on August 25,
2006. Kittitas County has also submitted a
Title VI Annual Accomplishment and Update
Report each year as required.
The Federal Highway Administration requires a
new Non -Discrimination Agreement be
submitted if the chief executive officer has
changed since the last NDA or update report.
The Board of Commissioners Chairman
changes each year, requiring an update to this
agreement. The annual accomplishment
update report is for the 2015 period.
INTERACTION: Public Works
RECOMMENDATION: Move to Approve Board Chair signature on the
Non -Discrimination Agreement and Title VI
Annual Accomplishment Update Report for
2015
HANDLING: Sign 3 originals and return 2 signed originals to
Public Works
ATTACHMENTS: Resolution
Non -Discrimination Agreement for 2016
Title VI Annual Accomplishment Update Report
for 2015
LEAD STAFF: Mark Cook, Public Works
Director of Public Works and Interim County
Engineer
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO: 2016 -
RESOLUTION TO APPROVE THE NON-DISCRIMINATION AGREEMENT BETWEEN
KITTITAS COUNTY AND FEDERAL HIGHWAY ADMINISTRATION AND THE
TITLE VI ANNUAL ACCOMPLISHMENT UPDATE REPORT FOR 2015
WHEREAS, The Federal Highway Administration (FHWA) requires that any local agency
that receives any federal grants, loans, contracts, property, discounts or other
Federal assistance extended by Washington State Department of
Transportation (WSDOT) enter into a Non -Discrimination Agreement (NDA)
with WSDOT; and
WHEREAS, The FHWA requires a new NDA be submitted if the chief executive officer has
changed since the last NDA or update report; and
WHEREAS, WSDOT requires an updated Title VI Annual Accomplishment Update Report
because Kittitas County received federal funds during the 2015 reporting
period; and
NOW, THEREFORE BE IT RESOLVED: The Kittitas County Board of County
Commissioners hereby authorizes the chairman of the Board to sign the attached Non -
Discrimination Agreement between Kittitas County and Washington State Department of
Transportation and the Title VI Annual Accomplishment Update Report for 2015.
ADOPTED this 16`" day of February, 2016
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Obie O'Brien. Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
Paul Jewell, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Gary Berndt, Commissioner
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Washington State Department of Transportation (WSDOT)
Recipient: Kittitas County
Reporting Year 2015
Reporting Period February 1, 2015 to January 31, 2016
As stipulated in this agency's Title VI Program Non -Discrimination Agreement, WSDOT's
approval letter to that agreement, and WSDOT's Highways and Local Programs Local Agency
Guidelines Manual (Chapter 28), the annual accomplishment and update report for the
reporting period reflected above is hereby submitted.
Current Chief Executive Officer:
Name: Obie O'Brien
Title: Chairman of the Board, Kittitas County Board of Commissioners
Planning or Public Works Director:
Name: Mark Cook
Title: Public Works Director
Title VI Coordinator:
Name: Mark Cook
Title: Interim County Engineer
SUBMITTED by:
Signature
Obie O'Brien
Typed / Printed Name
Chairman of the Board. Kittitas County Board of Commissioners
Title
Date
Non -Discrimination Agreement
Annual Report
Population Under 100,000
1. Report any changes in the organizational structure since the last reporting period.
(Example: New Title VI Coordinator, new planning or public works directors, etc.)
a. Report should identify the changes in the racial/gender composition of those
persons involved in the transportation decision making, including planning and
advisor staff.
The position responsible for initiating and monitoring Title VI activities has changed
and will be managed by the Public Works Director/Interim County Engineer, Mark
Cook. Our Transportation Manager Jan 011ivier left her position in August of 2015.
Douglas P. D'Hondt left his position as County Engineer in December 2015, and Roy
Chance, Construction Manager left his position in January 2016. All three positions
are being advertised. Important transportation project decisions are being made by:
Mark Cook,
Public Works Director/Interim County Engineer Male, Native American, USA
birthplace
The most current Public Works organization chart is presented in Attachment A. The
County Engineer, who has Title VI Coordinator responsibilities, has direct access to
the chief executive officer, who is the Chair of the Kittitas County Board of
Commissioners.
b. If no changes have been made, please indicate that accordingly.
2. Using the most current data available (through Census or Washington State Office of
Financial Management), describe the demographics within your jurisdiction.
The United States Census Bureau data indicates the following demographics for
Washington State and Kittitas County:
Kittitas County, Washington People Quick Facts — 2014 estimate
Total
Washington 7,061.530
% of total pop.
Kittitas 42,522
of total pop.
1 AIAN: American Indian and Alaska Native.
2 API: Asian and Pacific Islander.
Two or
More
White
Black
AIAN'
API'
Races
5,698,655
289,523
134,169
628,476
317,768
80.7%
41%
1.9%
8.9%
4.5%
39,077
510
553
1,063
1,360
91.9%
1.2%
1.3%
2.5%
3.2%
1 AIAN: American Indian and Alaska Native.
2 API: Asian and Pacific Islander.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
3. Describe any required Title VI activities and/or studies conducted that provided data
relative to minority persons, neighborhoods, income levels, physical environment, and
travel habits.
The Average Daily Traffic (ADT) level and pavement condition is estimated for all
county roads every other year at a minimum and used to prioritize future
transportation improvements.
a. How was the information utilized or Title VI provisions and needs applied in each
study or activity?
The Average Daily Traffic (ADT) level and pavement condition is used annually to
prioritize future transportation improvements. All county roads are included in this
analysis, considering all population groups — including minority, women, low-
income, and limited English proficiency population groups equally. Title VI
provisions will be met through any contracts associated with this activity.
4. List any Public outreach activities during the reporting period such as, public
announcements and/or communications for meetings, hearings, project notices.
Include the following:
a. How were special language needs assessed? List the special language needs
assessments conducted.
All public meeting agendas, minutes, public announcements, project notices, and
other materials related to public outreach are posted on the County's website and
can be translated into 43 different languages by using the Bing translate option
when you right click the page.
b. What outreach efforts did you utilize to ensure that minority, women, low-income,
and LEP population groups were provided equal opportunity to participate in
those outreach activities. (Examples: provided materials in other languages, met
with local social service agencies, advertised in a minority publication).
The County's webpages and all documents on the County's website can be
translated into 43 different languages by using the Bing translate option when you
right click the page.
There are only two local newspapers in Kittitas County. Kittitas County advertises its
open houses and public meetings in both of these two newspapers. In 2015,
outreach activities included:
• Annual Comprehensive Plan Amendment Open Houses and public hearings.
• Transportation Improvement Program and Annual Construction Program
Open Houses.
3
Non -Discrimination Agreement
Annual Report
Population Under 100,000
• GMA Shoreline Master Program public meetings.
• QUADCO Regional Transportation Plan Stakeholder meetings
• Naneum, Wilson & Cherry Creek Assessment Public Meeting
• Kittitas County Code Chapter 10.12.010 Stops and Yields designation Public
Hearing for Hyak Drive East and Snoqualmie Drive Intersection.
• Yakima River Corridor Plan Public Hearing
All open houses and public meetings are held in accessible locations. All population
groups— including minority, women, low-income, and limited English proficiency
population groups are encouraged to participate. Open houses and public meetings
are held in both Upper County and Lower County, or the neighborhood where the
project is taking place to encourage all population groups to participate, including
minority, women, low-income, and limited English proficiency population groups.
Holding the open houses in several locations makes it easier for persons who could
not afford to drive long distances participate or who have limited schedules.
Advertisements requesting qualifications for contractual services include the
following statements:
"Kittitas County encourages disadvantaged business enterprise CONSULTANT
firms to respond."
"The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26
will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or
sex in consideration for an award."
Bid documents include Title VI requirements, indicating that the County provides
equal opportunity for all population groups — including minority, women, low-
income, and limited English proficiency population groups to participate. The
specific wording Kittitas County uses is from WSDOT's Local Agency Manual and
WSDOT's General Special Provisions (GSPs).
4
Non -Discrimination Agreement
Annual Report
Population Under 100,000
c. List the special language services provided— note the professional language service
provided including the name of the service, date provided, number of persons
served, and any other relevant information.
No special language services were requested for these activities.
d. List any costs incurred for translations and interpreters for each activity.
No translators or interpreters were requested for each of these activities.
5. List all the transportation related contracts (Federal and others) that were executed
during the reporting period. (Please include construction, consultant agreements for
planning, design, engineering, environmental, research, maintenance, etc.)
a. Include dollar value of each
Amount of
Description of Contract
Vendor
Contract
Date Signed
Airport Master Plan
Century West Engineering
$312,395
Nov. 23, 2015
No. 6 Rd. Improvement Project -
Construction
Columbia Asphalt and Gravel, Inc.
$1,099,348.10
Sept. 15, 2015
Kittitas Highway Safety Improvements -
Belsaas & Smith Construction,
October 7,
Construction
Inc.
$3,978,871.50
2014
Teanaway Road Improvement Project -
Construction
Granite Construction Company
$3,000,300.00
March 3, 2015
North Fork Teanaway Road & West Fork
Teanaway Road Improvement Project -
Construction
Columbia Asphalt and Gravel Inc.
$780,575.20
April 13, 2015
Northfork Manastash Road Bridge Project -
Belsaas and Smith Construction,
Construction
Inc.
$554,733.00
Nov 19, 2015
Annual Paint Stripping — 2015 -
Construction
Stripe Rite
$219,993.95
June 2, 2015
Bowers Road Bridge — Design
Sargent Engineers, Inc.
$5,022.00
Dec 29,2015
North Fork Manastash Road Bridge —
Design
Sargent Engineers, Inc.
$19,199.00
Dec 1, 2015
Taneum Road Bridge - Design
Sargent Engineers, Inc.
$46,889.00
Nov 19, 2015
Manastash Road Bridge — Design
Sargent Engineers, Inc.
$2,510.00
Oct 14,2015
Huntzinger Road and West Side Road
Improvements — Design
Sargent Engineers, Inc.
$73,671.00
Sept 1, 2015
Upper County Shop Observation — Design
Sargent Engineers, Inc.
$1,500.00
May 28, 2015
Fracture Critical Inspections— Design
Sargent Engineers, Inc.
$20,487.00
May 5, 2015
West Fork Teanaway Road Improvements -
Design
Sargent Engineers, Inc.
$52,840.00
Feb 26, 2015
Black Horse at Whiskey Creek Culvert
Evaluation - Design
Sargent Engineers, Inc.
$10,172.00
Feb 6, 2015
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Kittitas County FEMA DFIRM Meeting
WATERSHED Science &
Participation
Engineering
$1,995.00
Sept 30, 2015
WATERSHED Science &
Hanson Pond Bank Erosion Repair
Engineering
$1,500.00
April 24, 2015
Black Horse Development Hydraulic
WATERSHED Science &
Engineering Support
Engineering
$2,948.00
Feb 17, 2015
Black Horse at Whiskey Creek Culvert
WATERSHED Science &
Evaluation
Engineering
$10,172.00
Feb 6, 2015
Yakima River Bank Erosion at Ringer Loop
WATERSHED Science &
Road
Engineering
$14,952.00
Feb 17, 2015
West Fork Teanaway Road Improvements
J -U -B
$43,010.00
April 21, 2015
North Fork Manastash Creek Bridge
J -U -B
$8,910.00
Nov 16,2015
Kittitas Hwy Materials Testing
J -U -B
$5,000.00
Aug 25,2015
No. 6 Road Improvements
J -U -B
$24,310.00
Aug 25,2015
Taneum Road/Thorp Hwy Bridge
Cruse & Associates Professional
Construction Staking
Land Surveyors
$12,200.00
Jan 7, 2016
Cruse & Associates Professional
WPA Road Turnaround Survey
Land Surveyors
$5,277.00
Jan 7, 2016
Little Creek at Nelson Siding Topographic
Cruse & Associates Professional
Survey
Land Surveyors
$2,975.00
Dec 14, 2015
Taneum Road/ Thorp Hwy Bridge
Cruse & Associates Professional
Replacement
Land Surveyors
$15,540.00
Nov 4, 2015
Cruse & Associates Professional
North Fork Manastash Bridge Project
Land Surveyors
$18,430.00
Oct 21, 2015
Cruse & Associates Professional
Ringer Loop Road Repair Project
Land Surveyors
$10,757.32
Sept 17, 2015
Cruse & Associates Professional
Old Highway 10 R/W Marking
Land Surveyors
$875.00
Aug 31, 2015
Cruse & Associates Professional
No. 6 Road Improvement Project
Land Surveyors
$43,899.49
Aug 7, 2015
Cruse & Associates Professional
North Fork Manastash Creek Berm
Land Surveyors
$4,250.00
July 8, 2015
Cruse & Associates Professional
Lanigan Springs R/W Descriptions
Land Surveyors
$1,675.00
April 24, 2015
Cruse & Associates Professional
Manastash Conservation Easements
Land Surveyors
$8,875.00
April 7, 2015
Little Creek Bridge Bank Stabilization
Project
ESA
$15,933.98
Jun 19, 2015
Appraisal Group of the
Manastash Creek Acquisition
Northwest LLP
$1,200.00
Sept 18, 2015
Appraisal Group of the
Manastash Creek Acquisition
Northwest LLP
$3,200.00
Sept 14, 2015
Coleman Creek/EWC Project—Van De
Venter
Integra Realty Resources
$5,494.00
Aug 4, 2015
M
Non -Discrimination Agreement
Annual Report
Population Under 100,000
Manastash Acquisition and Restoration
Appraisals
Integra Realty Resources
$11,994.00
March 19,
2015
Reecer Creek Phase II Levee and Whiskey
Kittitas Highway Safety Improvements
AAA Contractors
$20,669.67
Creek Re -Route Property Acquisition
Roland Resources, Inc.
$45,000.00
Sept 21, 2015
Yakima River Acquisitions — Jeffries Levee
$54,070.00
Kittitas Highway Safety Improvements
The Bag Lady
to Ringer Loop Road
Roland Resources, Inc.
$47,500.00
Dec 22, 2015
b. Other than advertising in your local legal publication, what outreach was made to
DMWBE forms that a contracting opportunity existed within your agency?
In addition to advertising in the local legal publication the Ellensburg Daily Record,
projects are typically advertised in the Seattle Daily Journal of Commerce and the
Northern Tribune, depending on the complexity and type of services needed for the
project. Advertising is the only method of outreach to all persons and firms.
c. Identify the DMWBE contracts that were awarded and their dollar amount.
DMWBE Firm Name
Contract
Amount
Project Name
Northstar Enterprises
$154,385.00
Kittitas Highway Safety Improvements
AAA Contractors
$20,669.67
Kittitas Highway Safety Improvements
Desert Winds
$28,000.00
Kittitas Highway Safety Improvements
Gilbert Patterson
$54,070.00
Kittitas Highway Safety Improvements
The Bag Lady
$5,652.20
Kittitas Highway Safety Improvements
M2 Industrial
$165,300.00
Kittitas Highway Safety Improvements
Saez Consulting Eng.
$67,000.00
Kittitas Highway Safety Improvements
Is there a Title VI Non -Discrimination statement included in all contracts and public
notices?
Yes.
e. How did your organization ensure that minority, women, and disadvantaged firms
were provided equal opportunity to participate in the contracting arena?
All advertising for contractual services include the following statements:
"Kittitas County encourages disadvantaged business enterprise CONSULTANT
firms to respond."
"The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
Non -Discrimination Agreement
Annual Report
Population Under 100,000
affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26
will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or
sex in consideration for an award."
All bid advertisements include the required Title VI language as provided for in
WSDOT's General Special Provisions (GSPs).
6. Summarize any transportation projects that identify potential impacts to minority
and/or low income Environmental Justice (EJ) populations (i.e., impacts such as
displacements, increased noise, bisecting neighborhoods, et all. Note the following:
a. How impacts were minimized/mitigated.
There were no transportation projects that impacted Environmental Justice
populations with displacements, increased noise, bisecting neighborhoods or other
similar impacts.
b. Also include a statement, if applicable, on projects that specifically benefit
community cohesion such as: adding sidewalks, improving access to properties
that improve access for EJ populations.
Kittitas Hwy Safety Improvement Project completed a section of sidewalk
approximately 700 feet long from Ellensburg City Limits to Vista View Estates,
brought ADA accessible curb ramps at the intersection of Kittitas Highway and S
Magnolia Street and Kittitas Highway and Pfenning Road into compliance with
current standards, and installed a delineated bike lane. These improvements
provided better Bicycle/pedestrian access from a new development most recently
annexed into the City of Ellensburg and to bicycle traffic from/to the City of Kittitas.
7. If Right of Way has been acquired for a transportation project. Please describe:
c. Identify the number of minority, low-income, elderly and disabled persons
affected.
d. The efforts that were made to address Limited English Proficiency issues (including
use and cost of translators, outreach efforts for each reported activity).
e. Describe any concerns raised by minorities and women regarding appraisals,
negotiations, relocation assistance, and payments. What actions were taken to
resolve those issues?
Two construction licenses were obtained for the North Fork Manastash Road Bridge
project. These construction licenses allow the County access to the property by the
county, its agents, contractors, subcontractors, and employees and the use of
construction and hauling equipment, for the purpose of constructing existing driveway
within the county road right -of way and the tax parcels they serve. There were no
concerns raised by minorities and women regarding these actions.
Non -Discrimination Agreement
Annual Report
Population Under 100,000
8. List and describe any Title VI related complaints, as a result of transportation activities
and projects. Include:
f. What was the allegation or concern?
g. Procedures used
h. Action taken
L Resolution
No complaints were recorded in 2015.
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