Loading...
Title VI Non-discrimination agreement with WSDOT BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON IN THE MATTER OF } Approving a Title VI Non-Discrimination Agreement } Resolution No. 19-130 between Lewis County and Washington State } Department of Transportation and authorizing } signatures thereon } WHEREAS, The Code of Federal Regulations (49 CFR Part 21 and 23 CFR 200) requires each local agency who receives federal funds to establish a Title VI Non- Discrimination Program, which Lewis County established by Resolution 06-061 on February 13, 2006, and WHEREAS, Washington State Department of Transportation (WSDOT) requires an updated Title VI Non-Discrimination Agreement whenever the Board Chair changes, and WHEREAS, the Board of County Commissioners has reviewed the Title VI Non- Discrimination Agreement (attached as Exhibit A), and WHEREAS, it appears to be in the public's best interest to authorize this Agreement between WSDOT and Lewis County, NOW THEREFORE BE IT RESOLVED, that the Chair of the Board of County Commissioners is hereby authorized to sign the 2019 Title VI Non-Discrimination Agreement DONE IN OPEN SESSION this 6th day of May, 2019 SUBSTITUTED THIS MAY 13, 2019, NUNC PRO TUNC FOR THE RESOLUTION PASSED IN OPEN SESSION ON MAY 6, 2019, WHICH LISTED "2018" INSTEAD OF "2019" AS A SCRIVENER'S ERROR IN THE UNDERLINED ABOVE i BOA OF COUNTY CO SSIONERS APPROVED AS '� FO LE I. S COUNTY, NG ON / Ary Jon/7-:„..* Meyer, Prosecuting Attorney Ro.e,( Jackson, Chair ATTEST ••couNT•• -ry t-mper, Vice hair • is k • - --14------:cf,' / .`?) (''4' P*S:r-% ed-Yt--,-1-- .JtArYti Rieva Lester, Clerk of the l,:Wril Cfd itE \I o;Edna J Fund, Co issioner County Board of Commissipp 1845 f z; I. NS1stC.•• EXHIBIT "A" TITLE VI NON-DISCRIMINATION AGREEMENT Washington State Department of Transportation and Lewis County Policy Statement Lewis County, hereinafter referred to as the "Recipient" assures that no person shall on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P L 100 259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity The Recipient further assures every effort will be made to ensure non-discrimination in all of its programs and activities, whether those programs and activities are federally funded or not The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities" 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 (Public Law 100259 [S 557] March 22, 1988 ) In the event the Recipient distributes federal aid funds to a sub-recipient, the Recipient will include Title VI language in all written agreements and will monitor for compliance The Recipient's Director of Public Works, Josh Metcalf, is responsible for initiating and monitoring Title VI activities, preparing reports • •they responsibiliti as required by 23 Code of Federal Regulation(CFR) 200 and 49 ' ode •f Federal 'egul 'on 21 y � :1 Rob C Jackson Chair of the Board of County Commissioners, Lewis County 0/' Date 7> � Title VI Non-Discrimination Agreement Page No 1 Title VI Program Organization and Staffing Pursuant to 23 CFR 200, Lewis County Public Works has appointed a Title VI Specialist who is responsible for Attachment 1, which describes the hierarchy for Lewis County Public Works Title VI Program, including an organization's chart illustrating the level and placement of Title VI responsibilities Assurances 49 CFR Part 21 7 The Lewis County Public Works, hereby gives assurances 1 That no person shall on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the recipient regardless of whether those programs and activities are Federally funded or not Activities and programs which the recipient hereby agrees to carry out in compliance with Title VI and related statutes include but are not limited to • List all major programs and activities of the recipient and Title VI responsibilities for each one of them Include information as Attachment 2 to this Nondiscrimination Agreement 2 That it will promptly take any measures necessary to effectuate this agreement 3 That each program, activity, and facility as defined at 49 CFR 21 23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement 4 That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the recipient by the Washington State Department of Transportation (WSDOT) under the Federally-Funded Program and is binding on it, other recipients, subgrantees, contractors, sub-contractors, transferees, successors in interest and other participants The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient 5 That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally-Funded programs and, in adapted form all proposals for negotiated agreements 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, Title V1 Non-Discrimination Agreement Page No 2 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 23 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 6 That the Recipient shall insert the clauses of Appendix 1 of this Agreement in every contract subject to the Act and the Regulations 7 That the Recipient shall insert the clauses of Appendix 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein 8 That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this Agreement, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties (a) for the subsequent transfer of real property acquired or improved under a Federal Aid Program, and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under a Federal Aid Program 9 The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement Title VI Non-Discrimination Agreement Page No 3 Implementation Procedures This agreement shall serve as the recipient's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21 For the purpose of this agreement, "Federal Assistance" shall include 1 grants and loans of Federal funds, 2 the grant or donation of Federal property and interest in property, 3 the detail of Federal personnel, 4 the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient, and 5 any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance The recipient shall 1 Issue a policy statement, signed by the head of the recipient, which expresses it's commitment to the nondiscrimination provisions of Title VI The policy statement shall be circulated throughout the recipient's organization and to the general public Such information shall be published where appropriate in languages other than English 2 Take affirmative action to correct any deficiencies found by WSDOT or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement The head of the recipient shall be held responsible for implementing Title VI requirements 3 Establish a civil rights unit and designate a coordinator who has a responsible position in the organization and easy access to the head of the recipient This unit shall contain a Title VI Specialist who shall be responsible for initiating and monitoring Title VI activities and preparing required reports 4 Adequately staff the civil rights unit to effectively implement the civil rights requirements 5 Process complaints of discrimination consistent with the provisions contained in this agreement Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation Identify each complainant by race, color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information A copy of the complaint, together with a copy of the recipient's report Title VI Non-Discrimination Agreement Page No 4 of investigation, will be forwarded to WSDOT's Office of Equal Opportunity (OEO) within 10 days of the date the complaint was received by the recipient 6 Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the programs and activities conducted by the recipient 7 Conduct Title VI reviews of the recipient and sub-recipient contractor/consultant program areas and activities Revise where applicable, policies, procedures and directives to include Title VI requirements 8 Conduct training programs on Title VI and related statutes 9 Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year a) Annual Work Plan Outline Title VI monitoring and review activities planned for the coming year, state by which each activity will be accomplished and target date for completion b) Accomplishment Report List major accomplishments made regarding Title VI activities Include instances where Title VI issues were identified and discrimination was prevented Indicate activities and efforts the Title VI Specialist and program area personnel have undertaken in monitoring Title VI Include a description of the scope and conclusions of any special reviews (internal or external) conducted by the Title VI Specialist List any major problem(s) identified and corrective action taken Include a summary and status report on any Title VI complaints filed with the recipient Title VI Non-Discrimination Agreement Page No 5 Discrimination Complaint Procedure 1 Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964 the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the recipient A complaint may also be filed by a representative on behalf of such a person All complaints will be referred to the recipient's Title VI Specialist for review and action 2 In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after a) The date of alleged act of discrimination, or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued In either case, the recipient or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing 3 Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination In the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient, the person shall be interviewed by the Title VI Specialist If necessary, the Title VI Specialist will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature The complaint shall then be handled according to the recipient's investigative procedures 4 Within 10 days, the Title VI Specialist will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, an advise the complainant of other avenues of redress available, such as WSDOT and USDOT 5. The recipient will advise WSDOT within 10 days of receipt of the allegations Generally, the following information will be included in every notification to WSDOT a) Name, address, and phone number of the complainant b) Name(s) and address(es) of alleged discriminating official(s) c) Basis of complaint (i e , race, color, national origin or sex) d) Date of alleged discriminatory act(s) e) Date of complaint received by the recipient f) A statement of the complaint Title VI Non-Discrimination Agreement Page No 6 g) Other agencies (state, local or Federal) where the complaint has been filed h) An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint 6 Within 60 days, the Title VI Specialist will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the head of the recipient The complaint should be resolved by informal means whenever possible Such informal attempts and their results will be summarized in the report of findings 7 Within 90 days of receipt of the complaint, the head of the recipient will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter The notification will advise the complainant of his/her appeal rights with WSDOT, or USDOT, if they are dissatisfied with the final decision rendered by the Recipient The Title VI Specialist will also provide WSDOT with a copy of this decision and summary of findings upon completion of the investigation 8 Contacts for the different Title VI administrative jurisdictions are as follows Washington State Department of Transportation Office of Equal Opportunity, Title VI Program PO Box 47314 Olympia, WA 98466 (360) 705-7098 Federal Highway Administration Washington Division Office 711 Capitol Way South, Suite 501 Olympia, WA 98501 (360) 534-9325 Title VI Non-Discrimination Agreement Page No 7 Sanctions In the event the recipient fails or refuses to comply with the terms of this agreement, the WSDOT may take any or all of the following actions a) Cancel, terminate or suspend this agreement in whole or in part, b) Refrain from extending any further assistance to the recipient under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient c) Take such other action that may be deemed appropriate under the circumstances until compliance or remedial action has been accomplished by the recipient d) Refer the case to the Department of Justice for appropriate legal proceedings WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. Signature External Civil Rights Branch Manager Title Date A OF RE IFIE 6.% obe C Jackson Chair of the Board of County Commissioners, Lewis County Title Date Title VI Non-Discrimination Agreement Page No 8 Appendix 1 During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows 1 Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract 2 Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, sex, or national origin 4 Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information 5 Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation, termination, or suspension of the contract, in whole or in part 6 Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non- compliance Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Appendix 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Washington 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 Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with an in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation Subtitle A, the Department of Transportation WSDOT (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1064 (78 Stat 252 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Washington all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Washington, 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 the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Washington, its successors, and assigns The state of Washington, 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 shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed ( )(and)* (2) that the state of Washington, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21 Non-discrimination of federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction 1 Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964 • Appendix 3 The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by (Recipient) pursuant to the provisions of Assurance 8 The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended That in the event of breach of any of the above non-discrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Washington State Department of Transportation pursuant to the provisions of Assurance 8 The LESSEE, or himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person, on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be 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 furnishing of services thereon, no person on the grounds of race, color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination in federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended That in the event of breach of any of the above non-discrimination covenants, the STATE shall have the right to terminate the ease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued ap ANNUAL UPDATE AND ACCOMPLISHMENT REPORT For agencies under 100,000 Lewis County (Name of Recipient) April 29, 2019 (Report Submission Date) January 1, 2018 — December 31, 2018 (Reporting Period) Reference WSDOT's Local Agency Guidelines Manual, Chapter 28 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) • Report should identify the changes in the racial/gender composition of those persons involved in the transportation decision making including planning and advisory staff • If no changes have been made, please indicate that accordingly. Lewis County has enclosed our Organization Staffing Charts that were in effect in 2018 Lewis County Public Works continued under the direction of Erik Martin in the Director position until September 1, 2018. At that time, Tim Fife was appointed as Interim Director until Josh Metcalf was hired on October 15, 2018. (Resolution 18-322 attached). There were no changes in the racial/gender composition of staff involved in the transportation decision making. 2 Using the most current data available (through Census or Washington State Office of Financial Management), describe the demographics within your jurisdiction a 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 b How was the information utilized or Title VI provisions and needs applied in each study or activity? Lewis County is made up of 2,402.80 square miles with approximately 31.4 persons per square mile and a population of 75,455 The majority of the population is white at 89 7% followed by 8.7% Hispanic. 87.5% of Lewis County's population are high school graduates and 15 4% have a bachelor's degree or higher. The population consists of 17 3% persons over the age of 65 years The median household income in 2017 OEO Annual Report Form (revised December 2009) Annual Update and Accomplishment Report Population Under 100,000 was $57,652.00 and 10.5% of the persons live below poverty level The unemployment rate in Lewis County in December, 2018 was 4.8% There were not any required Title VI activities or studies conducted in 2018 3 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 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 services agencies advertised in a minority publication) 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 d List any costs incurred for translations and interpreters for each activity All public meetings are listed on our county website, including project related activities and hearings Public outreach activities were pursued to present our Six Year Transportation Improvement Program to the public Three separate presentations were made to the public. October 8, 2018 - Planning Commission; October 15, 2018 - Transportation Strategy Council, and November 2, 2018 — City Mayor's Meeting A public hearing was held on November 19, 2017 at the Lewis County Courthouse The public hearing presentation was advertised through our paper of record and Lewis County's website with statements to contact us if special language services were required. No special language services were required for the attending public If special language services would be required for these meetings contact would be made through an interpreter used by our Prosecutor's office Lewis County Public Works is currently in the process of creating a webpage on their website that will make information more readily available to the public regarding Title VI 4 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 ) OEO. Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 • Include dollar value of each Please see attached Six Year Transportation sheets for the federally funded projects. • Other than advertising in your local legal publication, what outreach was made to DMWBE firms that a contracting opportunity existed within your agency? Other than advertising in our local legal publication, Lewis County also advertises in the Daily Journal of Commerce Seattle which reaches minority, women and disadvantaged firms We also post calls for engineering and architectural services and calls for bids on our website and contact the DMWBE website for projects funded by certain grants • Identify the DMWBE contracts that were awarded and their dollar amount The DMWBE contracts associated with our projects in 2018 were Hwy 603-STPR-G211(001) (Contract carried over from 2017) Subcontractor— The Bag Lady - $41,333 40 Subcontractor— Express Ironworks - $80,193 25 Subcontractor- AAA Contractors, Inc. - $46,117 94 Subcontractor— Pacific Rim Service & Construction-$258,509 31 County Safety Ph II — HSIP-000S(479)— (Contract carried over from 2017) Subcontractor-Coral Sales Company - $106,835.25 Subcontractor — BC Traffic Control - $88,481 25 Is there a Title VI Non-Discrimination statement included in all contracts and public notices? All contracts awarded in Lewis County Public Works include a Title VI Non-Discrimination statement Contracts are sent to our Local Programs to review and approve prior to a Call for Bids. Title VI documentation is included as a separate appendix and if we do not have the most current documents required Local Programs provides it for update • How did your organization ensure that minority women and disadvantaged firms were provided equal opportunity to participate in the contracting arena? At the beginning of each year, Lewis County advertises for an on-call consultant roster and a small works roster inviting minorities, women and disadvantaged firms to apply When advertising for projects we advertise in the Daily Journal of Commerce Seattle, again, inviting minorities, women OEO Annual Report Form (12/09) Annual Update and Accomplishment Report Population Under 100,000 and disadvantaged firms to participate We also advertise contracts on our website. 5 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 al) Note the following • How impacts were minimized/mitigated • 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 No projects affected minority and/or low-income Environmental Justice populations during this reporting period An Environmental Justice report is done for every federal aid project and sent to Local Programs for approval prior to construction approval Our projects are determined by location of the existing road There are no new projects being built on new alignments, therefore right of way strip takes are next to existing right of way For projects funded by FHWA an environmental justice (EJ) memorandum is done if a project will 1) require ROW acquisitions or relocations; 2) require a traffic detour; 3) result in noise impacts to sensitive receptors, specific to EJ populations, 4) result in air quality impacts, result in changes to the access of the existing roadway, adjacent residences, or businesses; divide the community, restrict access to services, or affect the overall cohesion of the community, and/or result in or increase exposure to hazardous materials or other health effects The EJ memorandum includes an analysis of potential impacts to minority and low-income peoples EJ population's data for the project area is collected using census data from the Environmental Justice Screening Tool (EJSCREEN) run by the U S Environmental Protection Agency along with student demographics data from the Office of the Superintendent of Public Instruction. Specific Projects are as follows Pleasant Valley MP 2 46 Bridge Scour - This project will mitigate bridge scour at Pleasant Valley Road Bridge No. 161 We are hoping to construct the project in the summer of 2020 We are in the process of contacting affected property owners in order to perform wetland and other waters delineation and a cultural resources survey. WSDOT determined there was no mandatory UDBE goal for the consultant portion of this project Stowell MP 0 57 Bridge Scour - This project will armor the abutment and spread footings caused by bridge scour on Stowell MP 0 57 Bridge We are hoping to construct the project in the summer of 2020. We are in the process of contacting affected property owners in order to perform wetland and other waters delineation and a cultural resources survey OEO Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Interstate Avenue Paving — This project is a paving project on Interstate Avenue from milepost 0 000 at SW Parkland Drive and milepost 0 985 at 0 085 before Bishop Road We have partnered with the City of Chehalis for this project The road is classified as an Urban Minor Arterial It was last surfaced in 1985 The road is a business corridor and provides connectivity between 1-5 Exit 76 and the Chehalis Industrial Park area Repaving will improve access for trucking traffic going to the Industrial Park Highway Safety Improvement Program — Phase I — This project was completed in 2018 but has a small amount of funding remaining for project close out. The project installed flexible reflective guideposts on various roads throughout Lewis County for the safety of all citizens There was an 8% UDBE COA goal on this project No right of way acquisition was required for this project. Highway Safety Improvement Program — Phase II — This project intends to upgrade signs, improve clear zone (flatten slopes, add/upgrade barriers, widen shoulders, remove/modify fixed objects, and reduce pavement edge drop-offs for various roads throughout Lewis County Right of Way was needed and acquired per WSDOT standards and certified by WSDOT No affected classes were encountered during these negotiations Townsend Bridge #223 Replacement— This project is a bridge replacement project for an extremely low volume 17-ft wide gravel surfaced roadway The affected properties are classified as agricultural resource land. It has been determined providing a single lane structure will satisfy the access requirements for these properties WSDOT approved a 0% UDBE goal for the Structural Engineer consultant. DBE Consultants were encouraged to apply A consultant has been selected for design of the single lane structure Construction of the structure is anticipated in 2020 Centralia Alpha Road Improvements — This project will reconstruct 1 25 miles of Centralia Alpha Road We will be constructing slope stabilization, intersection improvements, roadway widening, hot mix asphalt surfacing and guardrail There is no current construction date as the project is in the very preliminary stages. WSDOT approved a 0% UDBE goal for the geotechnical consultant DBE Consultants were encouraged to apply We have negotiated a contract with a geotechnical consultant and are anticipating 30% design of the project by 6/2020. Right of way acquisition will follow WSDOT standards and will be certified by WSDOT prior to construction 6 if Right of Way has been acquired for a transportation project please describe • Identify the number of minority low-income, elderly and disabled persons affected OEO Annual Report Form (12/09) Annual Update and Accomplishment Report Population Under 100,000 • The efforts that were made to address Limited English Proficiency issues (including use and cost of translators, outreach efforts for each reported activity) • Describe any concerns raised by minorities and women regarding appraisals, negotiations, relocation assistance, and payments What actions were taken to resolve those issues? Lewis County did not acquire any Right-of-Way from any minority persons. Although Lewis County does have to acquire right of way for some of our transportation projects we seldom encounter transactions with minorities where communication is difficult. When language barriers do exist and there is a need for translation, a translator is furnished by the County to ensure the acquisition proposal is fully understood by the property owner When special language services are required for these meetings, a translator contracted through our Prosecutor's Office/Court is used Records are not required to be kept on transactions that occur with low-income, elderly and disabled persons. Although some of our acquisitions may have involved these groups, Lewis County has not had concerns raised by any of these groups. Lewis County did not have any right of way acquisitions from a minority in the past year 7 List and describe any Title VI related complaints, as a result of transportation activities and projects Include • What was the allegation or concern? • Procedures used • Action taken • Resolution There were no Title VI related complaints as a result of transportation activities and projects during this reporting period. OEO Annual Report Form(12/09) BOCC AGENDA ITEM SUMMARY Resolution BOCC Meeting Date May 06,2019 Suggested Wording for Agenda Item Agenda Type Consent Approvmg a Title VI Non-Discrimination Agreement between Lewis County and Washington State Department of Transportation(WSDOT) and authorizing signatures thereon •uJort.u'1'uvti ATTORNEY Contact Josh Metcalf Phone 2762 Department Public Works Action Needed Approve Resolution Description The federal government requires each local agency that receives federal funds to establish a Title VI Non- Discrimination Program(49 CFR Part 21 and 23 CFR 200) Lewis County established this program with the Washington State Department of Transportation under Resolution No 06-061 on February 13, 2006 WSDOT requires a new agreement signed when there are changes to our signatories, such as the change of the Chair of the Board of County Commissioners This report needs to be filed for the 2018 year Cover Letter To Please return executed Agreement to Kim Amrine Additional Copies Kim Amnne Robin Saline,PW