Department of Transportation Non-Discrimination Agreement 2008 Annual ReportNon -Discrimination Agreement
2008 Annual Report
Population Under 100,000
Washington State Department of Transportation and
City of Edmonds, Washington
Policy Statement
The City of Edmonds, Washington, 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 Action 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 fore compliance. C-
The Recipient's (name of person/division) 77L �l� C M L [ F i &Q is
responsible for initiating and monitoring Title VI activities, preparing reports and other
responsibilities as required by 23 Code of Federal Regulations (CFR) 200 and 49 Code of
Federal Regulation 21.
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Non -Discrimination Agreement
Annual Report for Year 2008
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).
• Report should identify the changes in the racial/gender composition of those persons
involved in the transportation decision making, including planning and advisor staff.
• If no changes have been made, please indicate that accordingly.
Response:
City of Edmonds - No new Planning Manager, Public Works Director or Development
Services Director. The position of Development Services Director is currently vacant. A
City Engineer was hired in July, 2008.
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?
Response:
Census data for the City of Edmonds can be found at
htt :Ilwww2.census. ovlcensus 20001datasetsldemo ra hic ror#le1Washin ton12kh53. d
f See attached Attachment A.
No information was utilized per se in a specific study, however, the City of Edmonds
includes non-discrimination language in all solicitations for contractors, consultants,
Requests for Qualifications, etc.
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).
Response:
• Edmonds Crossing Multimodal Project. No public meetings were held in year
2008; as such, no public outreach actions were taken by the Edmonds
Crossing Project using Federal dollars.
• Other City Projects: NIA - There were two projects that were declared an
emergency by the Edmonds City Council and were not advertised, as time was of
the essence.
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.
2
Non�Discrimination Agreemen,
Annual Report - Population Under 100,000
Response:
For public notice purposes, the City of Edmonds utilizes private and public sector
individuals to perform translation functions on an as needed basis.
d. List any costs incurred for translations and interpreters for each activity.
Response:
Edmonds Crossing and Other City Projects: None necessary
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.)
• Include dollar value of each
Response:
Edmonds Crossing Multimodal project. Used a variety of consultant agreements to aid
in preliminary engineering efforts throughout 2008. All agreements used were
developed as on -call consultant agreements by WSDOT and all were signed and
executed in the calendar year 2007. That being said, during the 2008 calendar year the
project paid $405,255 to consultants with $324,204 being reimbursed by Federal
Grants. These agreements were developed to be used by a variety of State projects
with the agreements spanning the 2007-09 biennium. Following is a breakdown of
dollars paid to consultants by the Edmonds Crossing project during the 2008 calendar
year.
Total Fed. Reimbursement (80%)
Cocker Fennesy $ 6,510 $ 5,208
Golder & Associates $ 38,202
Landau Associates $ 168,862
SRI
CH2M Hill
$ 64,455
$127,225
Other City Projects (Federal)
76th Avenue West (Emergency Project)
DMI Drilling, Inc (Construction)
HWA Geosciences (Consultant)
$ 30,561
$ 135, 099
$ 51,564
$ 101,780
Total
$230,250
$23, 284
Fed Reimbursement (%)
100%
100%
3
Non -Discrimination Agreemer,_
Annual Report -Population Under 100,000
Olympic View Drive (Emergency Project)
DMI Drilling, Inc (Construction) $423,575 100%
HWA Geosciences (Consultant) $19,210 100%
Duane Hartman Associates (Consultant) $3,406 100%
Other City Projects: (All Non -Federal)
2008 Street Overlay Program — Northshore Paving — $434,566
SR99/228th Street Intersection Improvements — HDR Engineering — $61,702
76th Avenue West/75th Place West Walkway — Gray & Osborne — $156,196
Caspers/Puget/Ninth Avenue Walkway — Reid Middleton — $62,564
• Other than advertising in your local legal publication, what outreach was made to DMWBE
firms that a contracting opportunity existed within your agency?
Response:
Other City Projects: None
• Identify the DMWBE contracts that were awarded and their dollar amount.
Response:
Edmonds Crossing Multimodal Project: None of the contracts use on the Edmonds
Crossing project were DMWBE.
Other City Projects: None
• Is there a Title VI Non -Discrimination statement included in all contracts and public notices?
Response:
Edmonds Crossing Multimodal Project; All state and Federal Title VI laws were
followed regarding inclusion of Title Vl statements in contracts and notices if required.
Emergency Federal -Aid Projects
The 76th Avenue and Olympic View Drive projects were emergency projects that did
not have a public advertisement notice for construction. The contract with DMI
Drilling, Inc, which covered both emergency projects, did include a Title Vl statement
on page SP-2 of the contract. The contract also included FHWA -1273 provisions and
WSDOT special provision 1-07.11 for Nondiscrimination and Title VI contract
requirements.
Other City Projects with local funding do not have Title Vl provisions in he
construction or consultant contracts.
• How did your organization ensure that minority, women, and disadvantaged firms were
provided equal opportunity to participate in the contracting arena?
Response:
Non -Discrimination Agreemen,
Annual Report - Population Under 100,000
Emergency Federal -Aid Projects.
The 76th Avenue and Olympic View Drive projects were emergency projects that were
not advertised and did not have a DMWBE goal. The contract with DMI Drilling, Inc,
which covered both emergency projects, did include a Title VI Nondiscrimination
statement, FHWA -1273 provisions and WSDOT special provision 1-07.11 for
Nondiscrimination and Title VI contract requirements.
The FHWA-1273 Provisions require the contractor to accept Nondiscrimination
policies, designate a Equal Employment Officer (EEO) and keep records to document
compliance with the EEO requirements.
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.
Response:
Edmonds Crossing Multimodal and Other City Projects: There were no impacts
created from any transportation project that potentially impacted minority and/or low-
income populations.
• 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.
Response:
Edmonds Crossing Project: There were no impacts created from any transportation
project that potentially impacted minority and/or low-income populations. This being
said, sidewalks and bike access to the ferry terminal are a part of the
planned Edmonds Crossing Project.
As part of the EIS process for the Edmonds Crossing Project (Record of Decision
being signed in July of 2005), the Environmental Justice Analysis concluded that if is
very unlikely that the Edmonds Crossing Project would result in disproportionately
high and adverse affects on minority and/or low-income populations.
Other City Projects: N/A
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.
Response:
Edmonds Crossing Multimodal Project: No Right of Way was acquired for a
transportation project.
Other City Projects: No Right of Way was acquired for a transportation project.
• 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?
Non -Discrimination Agreemen,
Annual Report - Population Under 100,000
Response:
Edmonds Crossing: No Federal dollars have been used to purchase Right of Way for
the Edmonds Crossing project; the only parcel purchased has no relocations.
Other City Projects: No Federal dollars have been used to purchase Right of Way.
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
Response: The City of Edmonds and Washington State Ferries is not aware of any Title VI
related complaints, as a result of transportation activities and projects, riled against the
City.
Attachment A
M