HomeMy WebLinkAboutResolution_Title6_WSDOTKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
2023 AGENDA STAFF REPORT
AGENDA DATE: February 21, 2023
ACTION REQUESTED: Request to Approve a Resolution authorizing Chair
signature on the Standard Title VI/Non-Discrimination
Assurances and Title VI Annual Accomplishments & Goals
Report for 2022 with the Washington State Department of
Transportation (WSDOT).
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, contractors, and consultants, whether such
programs and activities are federally assisted or not.
The Federal Highway Administration (FHWA) requires
that any local agency which receives any federal grants,
loans, contracts, property, discounts, or other federal
assistance extended by Washington State Department of
Transportation (WSDOT) annually approve and submit the
United States Department of Transportation Standard
(USDOT) Title VI/Non-Discrimination Assurances.
WSDOT approved Kittitas County's Title VI Program
Implementation Plan on August 25, 2006. Each year a
summary report on accomplishments and goals is then
provided to WSDOT. The annual accomplishment and
goals report is for the previous period of September 2021
through 2022.
INTERACTION: Public Works.
RECOMMENDATION: Move to Approve Board Chair signature on the Standard
Title VI/Non-Discrimination Assurances and Title VI
Annual Accomplishments and Goals Report.
HANDLING: Return two originals to Public Works.
ATTACHMENTS: Standard Title VI/Non-Discrimination Assurances; Title VI
Report for September 2021 through 2022; Resolution
LEAD STAFF: Joshua Fredrickson, County Engineer.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2023 -
AUTHORIZE CHAIR SIGNATURE ON THE STANDARD TITLE VI/NON-
DISCRIMINATION ASSURANCES BETWEEN KITTITAS COUNTY AND FEDERAL
HIGHWAY ADMINISTRATION AND THE TITLE VI ANNUAL ACCOMPLISHMENT
UPDATE REPORT
WHEREAS: The Federal Highway Administration (FHWA) requires that any local agency
which receives any federal grants, loans, contracts, property, discounts, or other
Federal assistance extended by Washington State Department of Transportation
(WSDOT) annually approve and sign Standard Title VI/Non-Discrimination
Assurances; and
WHEREAS: WSDOT requires an updated Title VI Annual Accomplishments and Goals Report
because Kittitas County received federal funds during the reporting period of
September 2021 through 2022.
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby approve the Chair's signature on the attached United
States Department of Transportation Standard Title VI/Non-Discrimination Assurances and
submittal of the Title VI Annual Accomplishments and Goals Report.
DATED this 21st day of February 2023, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
❑ Deputy Clerk of the Board- Mandy Buchholz
Brett Wachsmith, Vice -Chairman
Laura Osiadacz, Commissioner
The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination
Assurances
DOT Order No. 1050.2A
The Kittitas County (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to
receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through
Washington State Department of Transportation (WSDOT), is subject to and will comply with the
following:
Statutory/Reeulatory Authorities
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department
Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964);
28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations,"
respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy,
memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any
measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity, 'for which the Recipient receives Federal
financial assistance from DOT, including the Washington State Department of
Transportation.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI
and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these non-
discrimination statutes and requirements to include all programs and activities of the Recipient, so long
as any portion of the program is Federally assisted.
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives
the following Assurances with respect to its Federally assisted program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and
21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard
to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all
requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work, or material subject to the Acts and the Regulations made in connection with
all Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated
agreements regardless of funding source:
"The Kittitas County, in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or
agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with
the land, in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a
facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition
of real property or an interest in real property, the Assurance will extend to rights to space on,
over, or under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or
similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired
or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the Assurance obligates the Recipient, or
any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by
the Secretary of Transportation or the official to whom he/she delegates specific authority to
give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of
Federal financial assistance under such program will comply with all requirements imposed or
pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard
to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, Kittitas County also agrees to comply (and require any sub -recipients, sub -
grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions
governing the [WSDOTj access to records, accounts, documents, information, facilities, and staff. You
also recognize that you must comply with any program or compliance reviews, and/or complaint
investigations conducted by the [WSDOi]. You must keep records, reports, and submit the material for
review upon request to [WSDOT], or its designee in a timely, complete, and accurate way. Additionally,
you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by
law or detailed in program guidance.
Kittitas County gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans,
contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance
extended after the date hereof to the recipients by the U.S. Department of Transportation under the
Federal Highway Administration. This ASSURANCE is binding on Washington State Department of
Transportation, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their
subcontractors', transferees, successors in interest, and any other participants in the Federal -Aid
Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the
Recipient.
by
Kittitas County
(Name of Recipient)
(Signature of Authorized Official)
DATED
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs
of the U.S. Department of Transportation, Washington State Department of Transportation, as
they may be amended from time to time, which are herein incorporated by reference and made
a part of this contract.
Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the discrimination prohibited by the
Acts and the Regulations, including employment practices when the contract covers any activity,
project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of the
contractor's obligations under this contract and the Acts and the Regulations relative to Non-
discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Recipient or the Washington State Department of Transportation to be pertinent to
ascertain compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish
the information, the contractor will so certify to the Recipient or the Washington State
Department of Transportation, as appropriate, and will set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the Recipient will impose such contract sanctions as it
or the Washington State Department of Transportation may determine to be appropriate,
including, but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
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unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The
contractor will take action with respect to any subcontract or procurement as the Recipient or
the Washington State Department of Transportation may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the Recipient to enter into any litigation to protect the
interests of the Recipient. In addition, the contractor may request the United States to enter
into the litigation to protect the interests of the United States.
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APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to
the provisions of Assurance 4:
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition
that the Kittitas County will accept title to the lands and maintain the project constructed thereon in
accordance with Title 23, United States Code, the Regulations for the Administration of Washington
State Department of Transportation, and the policies and procedures prescribed by the Federal Highway
Administration of the U.S. Department of Transportation in accordance and in compliance with all
requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S
Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and
convey unto the Kittitas County all the right, title and interest of the U.S. Department of Transportation
in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Kittitas County and its successors forever,
subject, however, to the covenants, conditions, restrictions and reservations herein contained as
follows, which will remain in effect for the period during which the real property or structures are used
for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits and will be binding on the Kittitas County, its successors and
assigns.
The Kittitas County, in consideration of the conveyance of said lands and interests in lands, does hereby
covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no
person will on the grounds of race, color, or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or
in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the Kittitas County will use the
lands and interests in lands and interests in lands so conveyed, in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S.
Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-
mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said
lands and facilities on said land, and that above described land and facilities will thereon revert to and
vest in and become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,
FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Kittitas County pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the
land"] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of
Transportation activity, facility, or program is extended or for another purpose involving the
provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, Kittitas County will have the right to terminate the (lease, license, permit,
etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if
the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants,
the Kittitas County will have the right to enter or re-enter the lands and facilities thereon, and the
above described lands and facilities will there upon revert to and vest in and become the absolute
property of the Kittitas County and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
C
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,
FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by Kittitas County pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the
land") that (1) no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
said facilities, (2) that in the construction of any improvements on, over, or under such land, and the
furnishing of services thereon, no person on the ground of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all
other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in
this Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non-
discrimination covenants, Kittitas County will have the right to terminate the (license, permit, etc.,
as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold
the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
Kittitas County will there upon revert to and vest in and become the absolute property of Kittitas
County and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is
necessary to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally funded or
not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
This outline is for LPA and other governmental entities to report Title VI activities that occurred over the past year
and report Title VI goals for the upcoming year. Reports must be returned on or before due date to meet eligibility
requirements for federal funding. Send to TitleVl@WSDOT.wa.gov
DUE DATES: Refer to Section 28.3 for scheduled reporting period and due date
Contact Information
Name and title of administrator (signature on Standard Assurances): Cory Wright, Chairman of the Board, Kittitas
County Board of Commissioners
Mailing Address: 205 W 5th AVE STE 108,
City: Ellensburg WA Zip Code: 98926 County: Kittitas
Phone #: 509-962-7508 email address: bocc@co.kittitas.wa.us
Name and title of head of transportation -related services: Mark Cook, Public Works Director
Mailing Address: 411 North Ruby, Suite 1
City: Ellensburg WA Zip Code: 98926 County: Kittitas
Phone #: 509-962-7523 email address: mark.cook@co.kittitas.wa.us
Name and title of designated Title VI coordinator*: Joshua Fredrickson, County Engineer
Mailing Address: 411 North Ruby, Suite 1
City: Ellensburg WA Zip Code: 98926 County: Kittitas
Phone#: (509) 962-7609 email address: josh.fredrickson@co.kittitas.wa.us
*When the Title VI coordinator changes, notify TitleVl@WSDOT.wa.gov within 30 days.
To comply with Title VI requirements, each annual report submission must include signed
Standard Assurances (USDOT1050.2A).
Accomplishments
1. Have there been any changes to the approved Title VI Plan that have not been reported to OEO? If Yes,
please submit an update to the Title VI Plan with a new signature.
No changes
2. Organization, Staffing, Structure — Describe the Title VI Program reporting structure including the Title
VI Coordinator, Administrative Head, and transportation -related staff. The list should include name,
race, color, and national origin of each individual. Include the same details if your LPA has a volunteer
or appointed board related to transportation decision making.
Page 2 of 6
Mark Cook,
Public Works Director, Native American, USA birthplace
Joshua Fredrickson,
County Engineer, White, USA birthplace
Darren Case,
Construction Manager, White, USA birthplace
Justin Turnbull,
County Surveyor, White, Canada birthplace
Appendix 28.93
The most currently adopted Public Works organization chart is presented in Attachment A.
3. Community Demographics — Using a map of the LPA's boundaries, describe the demographics of the
LPA's service area (e.g., race, color, national origin, low-income). List, by individual languages, the
percent of the population(s) that is limited English proficient.
Kittitas County, Washington
Total
White
Black
American
Indian
Asian
Pacific
Islander
Two or
more races
Hispanic
Population
45,499
37,519
546
637
655
91
1,683
4,368
Source: census.gov
Kittitas County, Washington
Speak other
Speak Asian -
Speak
Indo-
Pacific Island
Speak Other
Spanish
European
languages
Languages
Population
54
40
0
42
Source: EJSCREEN ACS Summary Report
4. Complaints — Provide a copy of the LPA's Title VI complaint log, including new Title VI complaints
received during this reporting period and any still pending. Include the basis of the complaint (race,
color, national origin) and describe the disposition (status/outcome).
No known complaints received this reporting time period.
Planning— Describe the transportation planning activities performed this reporting period. Describe the
actions taken to promote Title VI compliance regarding transportation planning, including monitoring
and review processes, community involvement, their outcome or status. Include examples of
community outreach.
Transportation planning activities included:
1. Annual construction plan development
2. Six -Year transportation plan development
Page 3 of 6 Appendix 28.93
3. Americans with Disabilities Act (ADA) Transition plan finalization
All public meeting agendas, minutes, public announcements, project notices and other materials
related to community outreach are posted on the County website. Public meetings were noticed
in the local paper and County website for the above transportation planning activities.
6. Right-of-way actions — Describe activities during this reporting period associated with the purchase,
sale, lease/use, or transfer of real property (related to highway transportation/public right-of-way
use). Include demographic information of affected populations. For example, the race, color, national
origin of affected property/business owners(s)/tenant(s).
None this reporting time period.
7. Identify right-of-way appraisers and acquisition staff (used during this reporting period) by race, color,
national origin.
None this reporting time period.
8. Studies and Plans — Were any transportation studies (including environmental reviews) conducted or
transportation plans completed during this reporting period? Identify the data source(s) and provide
data summary (Title VI/Environmental Justice Analysis) relative to ethnicity, race, languages spoken,
neighborhoods, income levels, physical environments, and/or travel habits. Explain how data was
used in these studies/reviews/plans.
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. 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.
9. Project Location and Design — Provide a list of construction projects that began during this reporting
period. Using a map of the LPAs service area, identify project locations, and a brief description of the
projects' benefits/burdens to affected populations. If possible, provide a map that overlays projects
with the racial composition of affected neighborhoods.
Projects began during this reporting period include:
1. Kachess Lake Rd Culvert Replacement
2. N. Thorp Bridge Rehabilitation
3. Vantage Highway over Cascade Canal Culvert Replacement
4. Micheletto Road Improvement
Project burdens were temporary such as traffic delays and noise from construction equipment.
Road alignments remained as existing. Benefits identified include improved reliability of the road
and transportation system. This improves safety as well as maintains and improves emergency
management access as well as access by residents.
Page 4 of 6
Appendix 28.93
10. Other Public Meetings — List other public meetings held during this reporting period. Identify efforts
used to encourage citizen participation at those meetings. Detail dates, times, locations, attendance,
and provide examples of outreach materials.
Identify members of the LPA's transportation planning and/or advisory groups by race, color, and
national origin
Specify methods used to collect demographic information from the transportation -related public
meetings. (Self -identification surveys, notes by staff, etc.) Include summaries of Public Involvement
Forms collected at each meeting, listing the demographics of those who attended by meeting.
List any language assistance services requested. For which languages? Who provided the service? In
addition, list vital documents translated during the reporting period and identify the languages.
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 multiple
different languages by using the Bing translate option when you right -click the page.
There are two local newspapers in Kittitas County. Kittitas County advertises its open houses and
public meetings in both of these newspapers. During the reporting period outreach included
• Six -Year Transportation Plan update Open Houses and public hearing
• Annual Transportation Plan update Open Houses and public hearing
• ADA Transition Plan Open Houses and 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 in 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 longer distances participate orwho have limited schedules.
Advertisements requesting qualifications for contractual services include the following
statements:
"Kittitas County, in accordance with the provision of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award."
Bid documents include Title VI requirements, indicating 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 the
Washington State Department of Transportation (WSDOT) Local Agency Manual and WSDOT
General Special Provisions (GSP).
No special language services were requested for these services.
Page 5 of 6
Appendix 28.93
11. Transportation -related Construction and Consultant Contracts (if applicable) — Briefly describe the
process used to advertise and award construction contracts during this reporting period. Include the
process for negotiated contracts (e.g., consultants).
Exhibit A
12. Describe the actions taken to promote construction contractor/consultant compliance with Title VI by
construction contractors/consultants, including monitoring and review processes, and their
outcomes/status (e.g. what Title VI language was included in contracts and agreements; were
contractors and consultants reviewed to ensure compliance; what Title VI responsibilities are
explained to contractors and consultants?)
Advertisements requesting qualifications for contractual services include the following statements:
Kittitas County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 ( 78
Stat. 252, 42 U. S. C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it
will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.
Kittitas County in accordance with Section 504 of the Rehabilitation Act (Section 504) and the
Americans with Disabilities Act (ADA) commits to nondiscrimination on the basis of disability, in
all of its programs and activities. This material can be made available in an alternate format by e
mailing Candie Leader at candie.leader@co.kittitas.wa.us or by calling collect 509-962-7523.
13. List construction, right-of-way, and consultant contracts with your LPA/MPO/entity for this report
period with dollar value of each. Identify funding sources (federal, state, local, other), and how many
were awarded to certified disadvantaged contractors (as a prime contractor/consultant).
Exhibit A
14. Education & Training — Describe actions taken to promote Title VI compliance through education and
trainings, including monitoring and review processes, and their outcomes/status.
List Title VI training/webinars your Title VI Coordinator attended this reporting period. Include dates
and entity that conducted the training.
When was Title VI internal training provided to staff? Who conducted the training? What was the
subject of the training? Provide the job titles and race/color/national origin of attendees.
List other civil rights training conducted locally. Provide dates and a list of participants by job title and
Title VI role, if applicable.
None
Title VI Goals for Upcoming Year
• Provide training to Title VI coordinator and other staff as applicable
• Provide training to staff regarding other civil rights as applicable
Page 6 of 6
Appendix 28.93
What area(s) of Title VI does your agency plan to focus on in the upcoming year? Describe by particular
program area what your agency hopes to accomplish. Include any significant problem areas to focus on
and plans to address those.
Focus will be on providing training opportunities around Title VI to staff as applicable.
R
Exhibit A - Transportation Related Contracts
Description of Contract Vendor A mnunr of rnnbe.t nets e; .,
Teanaway Rd Hydraulic Improvement -Story Creek
Hurst Construction
_.__..-_. __._.__-
701,231.00
-........e. -
7/30/2019
.....v
Resolution 2019-105
Tearaway Rd Hydraulic Improvement - Lick Creek
AK Earthworks, Inc
1,252,380.00
6/1/2020
Resolution 2020-106
Kachess lake Road Culvert Replacement
Jacobs
Pro Grade
HLA Engineering and Surveying, Inc.
209,600.00
1,038,915.00
80,000.00
10/15/2019
4/5/2022
3/16/2021
Resolution 2019-127
Resolution 2022-085
Resolution 2021-047
Signal at University Way and Reecer
SCI Alliance
129,750.00
7/2/2019
Resolution 2019-112
Vantage Hwy HMA
KPG / Psomas
Interstate Concrete and Asphalt.
348,995.00
3,447,921.00
11/3/2020
6/1/2021
Resolution 2020-185
Resolution 2021-089
Vantage Hwy -Coleman Creek Culvert Replacement
KPG/Psomas
Belsaas and Smith, Inc
308,537.00
793,810.00
10/10/2019
6/8/2020
Resolution 2019-141
Resolution 2020-115
N. Thorp Highway
KPFF, Inc
Liberty Maintenance, Inc
361,740.93
2,093,099.93
5/4/2021
4/19/2022
Resolution 2021-070
Resolution 2022-094
Manastash Road Creek Bank Stab and Snow Park
Natural Waters
25,735.00
11/3/2021
Task Order
Vantage Hwy/ Cascade
TranTech Engineering
Interwest Construction Inc
201,769.00
2,159,159.00
3/2/2022
9/20/2022
Resolution 2022-031
Resolution 2022-182
Cooke Canyon Bridge Replacement
KPG / Psomas
Geo Engineers
DCI
160,000.00
42,000.00
99,528.00
12/27/2022
1/4/2023
12/28/2022
Resolution 2022-207
Resolution 2022-208
Resolution 2022-209
Faust Road Bridge Replacement
KPG / Psomas
Geo Engineers
DCI
50,000.00
45,00D.00
89,478.00
12/27/2022
1/4/2023
12/28/2022
Resolution 2022-207
Resolution 2022-208
Resolution 2022-209
Fairview Road County Forces
Cometh Engineered Solutions
36,713.70
3/25/2021
Resolution 2020120
Liberty Road Swauk Creek Bridge
KPG/Psomas
650,000.00
10/5/2022
Resolution 2022-127
1-90 Widening Project
SCJ Alliance
425,408.00
10/24/2022
Task Order
Bowers Road Sidewalk Project
Pro Grade
22,570.62
10/10/2022
Task Order
Micheletto Road Improvements
County Force Work
8,519.00
8/11/2022
CRP 312-21
Total 14,761,860.18