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2022/04/18 - Briefing Packet
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR THE WEEK OF April 18, 2022 In the spirit of public information and inclusion,the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. Co 1854 To be in compliance with Proclamation by the Governor 20-25.14 and Order of the Secretary of Health 20- 03.3,in-person attendance is restricted. Our Commission meetings are live streamed at h=://www.masonwebtv.com/and we will accept public comment via email msmithQmasoncountvwa.gov;or mail to Commissioners Office,411 North 5'Street, Shelton,WA 98584;or call 360-427-9670 ext.419. If you need to listen to the Commission meeting via your telephone,please provide your telephone number to the Commissioners' office no later than 4 p.m.the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of April 18,2022 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday 8:00 A.M. Area Command Meeting* Public Works Meeting Room A 100 Public Works Way *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings Monday,April 18,2022 Commission Chambers Times are subject to change,depending on the amount of business presented 9:00 A.M. Sweetwater Creek—Mendy Harlow&Larry Coppola 9:30 A.M. District Court,Prosecutor,Public Defense—Judge Steele 9:45 A.M. Interview with Board of Equalization candidate 9:55 A.M. Juvenile Court Services—Jim Madsen 10:00 A.M. Support Services—Mark Neary 10:30 A.M. Community Services—David Windom 10:40 A.M. Public Works—Loretta Swanson Utilities&Waste Management 11:30 A.M. Washington State Department of Natural Resources—Michele Zukerberg Skookum Inlet NAP Proposed Boundary Expansion and County Conferral Commissioner Discussion—as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 04/14/22 at 10:41 AM If special accommodations are needed,contact the Commissioners'office at Shelton(360)427-9670 ext.419 April 14, 2022 To Whom It May Concern: Please accept this letter of support for the Sweetwater Creek Waterwheel Park project that will provide increased educational and accessible recreational opportunities and amenities to the Belfair Urban Growth Area. The Port of Allyn in partnership with the Hood Canal Salmon Enhancement Group has presented this outstanding opportunity for the County to collaborate with the Recreation and Conservation Office, Washington Department of Fish and Wildlife,North Mason School District and other local governments to bring much needed recreational opportunities to the Urban Growth Area. These community non-profits and municipal entities continue to explore the framework for joint and long term maintenance and operations of the proposed park. The County commits to working toward addressing potential development code changes needed to establish recreational amenities in the project location. The Board of Commissioners understands the important role parks play in creating a vibrant, urban community. With the exception of the .15 acre Bill Hunter Park, there is no public park space within the Belfair UGA boundary. We welcome the partnerships this project brings together to increase park access that complements the outdoor learning opportunities already available through the North Mason School District programs in partnership with the Hood Canal Salmon Enhancement Group. The Board of Mason County Commissioners support the applications for funding through the Recreation and Conservation Office and will work with project proponents to establish the framework and mutual collaboration necessary to bring the park forward. BOARD OF MASON COUNTY COMMISSIONERS ;III v A I RESTROOM BUILDING POND OVERLOOK INTERPRETIVE CENTER STORAGE /VIEWPOINT WITH RAILS 2 UNISEX RESTROOMS WITH SOLAR GATHERING SPACE PANEL ROOF 6INTERPRETIVE SIGNS _ __ INTERPRETIVE SIGNS _— J� J^ice A MATCH GRADE OF NEW p( C - _ CREEK TO EXISTING CREEK SOUTH VIEW OF RESTROOM BUILDING ,�'►t -. PARKING LOT +: r� .� . —BRIDGE M3 POROUS CONCRETE PARKING LDT WITH 2%CROSS SLOPE ` 4 2 ADA STALLS 9 STANDARD STALLS BERM WITH NATIVE PLANTINGS _ C BOTANICAL MARKERS w.g.y - L y�Aj ONNECTTOEXISTINGTRAILS i -ypt� .�. ADA INTERPRETIVE LOOP TRA ' ALONGTRAILS,-Y F�. 'aS ^T 1'++!! r y"r'. _ 5%6'WIDE ADA WALK t� t. { y.8%6'WIDE ADA WALK WITH RAILS *+ ON BOTH SIDES •I . M'�,'���^• rwgy -r �I 1 * LOW STONE WALL - UPPERWATERWHEEL �� p� •'W (. ~ .v���" •••'`«�-� VIEWPOINT 44 '�Ff{y ,a,'f�'1 S WATER WHEEL INTERPRETIVE CENTER RESTORED WATER WHEEL •`L f 1 �� ,.i ,y. .t.i, -+�•�/ WATER WHEEL GENERATOR AND IJ r ry BATTERY HOU$ " n g REMOVE POND SEDIMENT T- A, TO ACHIEVE ORIGINAL SIZE - I� BRIDGE �- >✓ tia I ADA LOOPTRAILrs 0 x 15 PICNIC SHELTER ;FISHING DOCK 1� "�••^ ADA ACCESS ra POWER AND WATER TUBE PLAYGROUND • r ' BRIDGE#1 OVERLOOKING WATFP C`IHFrt INTERPRETIVE CENTER -•^ 6 - Y _CREEK s ✓7r 1 'Sr �' �. -REMOVE CULVERT -MATCH GRADE OF NEW CREEK TO \ _ -„/, �, 0 10 20 40 EXISTING CHANNEL CRAaHIc sru[ CHANNEL CENTERLINE BRIDGE K2 5%GRADE —— —— —— �� __ ..l• __ _ HOOD CANAL SALMON ENHANCEMENT GROUP SWEETWATER CREEK WATER WHEEL PARK MASTER PLAN DRUT � __• January 11,2016 ASSOCIATES VICINRV MAP Sweetwater Creek Waterwheel Park 2022 Update MENDY HARLOW, EXECUTIVE DIRECTOR, HOOD CANAL SALMON ENHANCEMENT GROUP LARY COPPOLA, EXECUTIVE DIRECTOR, PORT OF ALLYN Sweetwater Creek Water Wheel Park Project Sweetwater Creek Waterwheel Park Review of the History of the site Review of the History of the project Project Conceptual Design and Elements Next Steps Project Location Belfair Elementary schoolTheler Community Center Schindelheim Property Schindelheim Property Purchased by NMSD March 13, 1997 Through DNR ALEA grant Property History Developed in the 1930’s 1930s-1950s –Gas Station 1950s-1970s Restaurant and Antique Store 1997 –NMSD ALEA Grant Acquisition of 5 acres of forested uplands along Sweetwater Creek Complete the planned acquisitions for the Hood Canal Watershed Project 150 acres of uplands to tideland public ownership for environmental education and public access Future development of the site to include: Trail construction Fish ladders and recreation of waterwheel for electricity production Objective of Future Development: Further educate the public and students about link to Hood Canal, Estuarine Wetlands, Upland Forests and Streams, the Life Cycle of Salmon and other Important Aquatic Resource Issues. Assessment completed in 2004 Automatically qualified in 2005 Submitted plan and received $123,200 to remove storage tanks Alkai Consultants hired in June 2005 to oversee the cleanup TNT excavating was hired to remove the tanks Monitoring Wells Installed January 2006 EPA Brownfields Work Project History •In 2009, Bruce Dees and Associates Conceptual Plan •Project Stumbled in 2011 Project Location Belfair Elementary schoolTheler Community Center Schindelheim Property October-December 2015 fundraising A BIG Thank You to our supporters: $14,315.00 Local Fundraising Effort Initiated for: Land Survey Updated Conceptual Design 30% Construction Design Conceptual Design Project Elements Picnic Shelter And Natural Playground Project Elements Natural Playground Project Elements Public Restroom •Double restroom •Storage area •Solar panels •Interpretive signage •Tesla Powerwall •EV Charging Stations Project Elements Waterwheel with interpretive building •Existing culvert and road replaced with ADA walking path and bridge •Interpretive waterwheel generator house Project Elements Restored Waterwheel with interpretive building •Similar look to the Dalby Creek Waterwheel on Highway 106 Waterwheel at Sweetwater Creek Waterwheel at Dalby Creek Project Elements ADA Accessible Fishing Dock Security Features Emergency Call Boxes Visual Barrier to school if needed Challenges: What’s Next? Parcel Zoning Funding for the overall project Applications being submitted Letter of Support from Mason County Commissioners Successes: Broad Community Support Petersen Parcel Acquisition Updated Conceptual Design 30% Design Documents Supports larger effort to increase trails throughout North Mason Gathering letters of support for the project for grant applications Over $300,000 of In-Kind donations secured Schindelheim Parcel transferred to the Port of Allyn in 2018 $50,000 Private donation secured in July 2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: George Steele,Judge DEPARTMENT: District Court EXT: 278 Prosecutor, Public Defense BRIEFING DATE: 04/18/2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑O Budget/Finance ❑ Human Resources x❑ Legal ❑Other—please explain ITEM: Mason County District and Shelton Municipal Court have received a Grant for Therapeutic court. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County District Court and Shelton Municipal Court have received a therapeutic grant to run a joint multilingual (English, Spanish, Mam) hybrid Behavioral Health and Substance Use Disorder Court from the Administrative Office of the Courts (AOC). AOC has awarded $199,014 for the period of 12/01/2021 —06/30/2023. The District and Municipal Court are planning on a program that will cover up to 15 participants at any given time. Both courts are of the opinion that the split will be 10 Municipal Court participants and 5 District Court participants. The Grant is managed by the Shelton Municipal Court per AOC contract. The grant covers treatment costs, interpreter costs, court facilitator, staff equipment, and training. It does not cover the cost of increased expenditures for representation for Prosecutor and/or Public Defense. The Grant funds will be reviewed in 2023 to determine if the State will continue with Grant Funding for Individualized Treatment Courts for the Courts of Limited Jurisdiction. Briefing Summary 4/6/2022 BUDGETIMPACT: Projected for April 2022 — December 2022 District Court—No Budget increase Prosecutor— $ 7,380(820.00 per month) Deputy Prosecutor- Increase Attorney costs to represent the State of Washington on Mason County District Court Defendants Public Defense—$4,500($500.00 per month) Public Defense Attorney—Increase Attorney cost to cover representation to Mason County District Court defendants. Projected January 2023 — June 2023 District Court—No Budget increase Prosecutor— $4,920(820.00 per month) Deputy Prosecutor- Increase.Attorney costs to represent the State of Washington on Mason County District Court Defendants Public Defense—$ 3,000 ($500.00 per month) Public Defense Attorney—Increase Attorney cost to cover representation to Mason County District Court defendants. If grant monies are extended past June 2023, the projected budget would be: July 2023 — December 2023 District Court—No Budget increase Prosecutor— $4,920(820.00 per month) Deputy Prosecutor- Increase Attorney costs to represent the State of Washington on Mason County District Court Defendants Public Defense—$3,000($500.00 per month) Public Defense Attorney—Increase Attorney cost to cover representation to Mason County District Court defendants. Funding from Treatment Court Sales tax—Fund # 164 is available for April 2022—December 2022 and January 2023—June 2023 and possibly thru December 2023. PUBLIC OUTREACH: (Include any legal requirements,direct notice,website,community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Put on Action Agenda to approve funding from Fund # 164 for the budget increases for Prosecutor and Public Defense ATTACHMENTS: Grant award letter from AOC Briefing Summary 4/6/2022 GRANT AWARD LETTER FOR MCDC AND SHMC ri WASHINGTON COURTS ADMINISTRATIVE OFFICE OF THE COURTS Dawn Marie Rubio,J.D. Slate Court Administrator SENT VIA EMAIL October 29, 2021 ATTN: Stephen Greer, Presiding Judge George Steele, Presiding Judge Dyan Smolinsky, Administrator Patsy Robinson, Administrator Shelton Municipal Court Mason County District Court 525 W Cota St PO Box 0 Shelton, WA 98584-2239 Shelton, WA 98584-0090 Subject: Award Letter for SB 5476 Therapeutic Court Grant Program We are pleased to inform you that the Administrative Office of the Courts (AOC) has reviewed your recent grant application, and has chosen to award you a grant in the amount of $199,014.00. The amount awarded may differ from the amount you requested. AOC adjusted all funding requests to start in December 2021 and end at the conclusion of FY23 (July 2023). If you have any questions about how your award was recalculated, please reach out to Stephanie Oyler at Stephanie.Oyler(a�courts.wa.aov. It is the intention of AOC that the grant be used to identify individuals before Shelton Municipal Court and Mason County District Court with substance use disorders or other behavioral health needs and engage those individuals with community-based therapeutic interventions as described in your grant application. This award letter explains the responsibilities and expectations of grant recipients. You will receive a Grant Agreement formalizing the terms of your award and a blank A-19 form in November. Grant recipients must sign the Grant Agreement and complete an A-19 form within ten days of receipt, and specify the contract manger, including their contact information. Once the Grant Agreement and accompanying A-19 form are signed and returned to AOC, the award monies will be dispersed. Award Disbursement Your award will be split into two disbursements. Recipients will receive the first half of their award ($99,507.00) in December 2021, and the second half of their award ($99,507.00) in July 2022. Award monies will be divided into one of four cost categories. Cost categories will dictate how an award can be spent. The cost categories are as follows: • Personnel Salaries & Benefits • Staff Equipment & Training STATE OF WASHINGTON 1206 QUINCE ST SE • P.O.Box 41170 • Olympia,WA 98504-1 1 70 360-753-3365 • 360-586-8869 Fax . www.cot.irts.wa.gov • Treatment Services (therapeutic services specifically designed to address SUD and MH) & Compliance Monitoring • Other Participant Services (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks, but excludin_g program incentives that would constitute a "gift." The table below will show how your award must be distributed amongst the cost categories. A recipient is allowed to move award monies between categories if it less than 10% of the total award amount. If a recipient wishes to move more than 10% of the total award between cost categories,the recipient must have permission from AOC. Personnel Staff Equipment& Treatment Services Other Participant Total Award Training Services $41,685.00 $2,946.00 $123,158.00 $31,225.00 $199,014.00 1076 PT2.�S- �u�„ �r-tL C'Grn, Sc�i�'�. CprFsCCO — '> r Vi sz Reporting Requirements Award recipients will be required to report quarterly to AOC on the impact of the award on their court and the effectiveness of their therapeutic court program at the dates listed below: First Report due April 30, 2022 Second Report due September 31, 2022 Third Report due February 28, 2023 Fourth Report due June 30, 2023 Reports should include the number of individuals engaged in your therapeutic court program for that quarter, a detailed list of the services provided to individuals involved in the program for that quarter, the cost of those services and a description of the challenges faced by your therapeutic court program. Reports should be submitted to Stephanie.Oyler(cDcourts.wa.gov. If you have any questions regarding the terms expressed in this letter, please contact Brittany Gregory at Brittany.GregoryCcDcourts.wa.gov. Respectfully, Christopher Stanley Chief Financial and Management Officer cc: Dawn Marie Rubio, State Court Administrator Brittany Gregory, Associate Director of Judicial and Legislative Relations Stephanie Oyler, Court Association Coordinator STATE OF WASHINGTON 1206 QUINCE ST SE • P.O.Box 41170 • Olympia,WA 98504-1170 360-753-3365 • 360-586-8869 Fax 0 www.Courts.wa.gov MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jim Madsen, Chief Court Administrator DEPARTMENT: Juvenile Court Services EXT: 206 BRIEFING DATE: 4/18/22 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: National Criminal History Improvement Program (NCHIP) grant through the Washington State Patrol (WSP) for Fiscal Year 2021. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The NCHIP grant is a federal program through the US Department of Justice used to improve the Nation's safety and security by enhancing the quality, completeness, and accessibility of criminal history record information and by insuring the nationwide implementation of criminal justice and noncriminal justice background check systems. In the State of Washington, the WSP is designated by the Governor to administer the federal NCHIP program. State, local entities and federally recognized Indian tribal governments are eligible to receive NCHIP funds through a competitive grant application. The Mason County Juvenile Detention Facility uses a Cross Match LiveScan system to collect fingerprints on youth entering the facility as well as for conducting background checks on staff and Volunteer Guardians ad Litem. The current LiveScan system utilizes a Microsoft operating system which is no longer supported making our machine out of compliance with the FBI's Criminal Justice Information Services policy. To mitigate the costs of replacing the Cross Match LiveScan system the Juvenile Court applied for and was awarded NCHIP grant funds. The funds will be used to purchase a new computer, monitor, camera, Guardian 200 fingerprint scanner, LiveScan software and all periphery cables and adapters. The funds will be available beginning May 1, 2022. BUDGET IMPACTS: The maximum agreement amount is $8,014 and requires a 10% match of$802. The Juvenile Detention Facility has the budget capacity to cover the 10% match out of the 2022 Juvenile Court Services budget. Briefing Summary 4/12/2022 RECOMMENDED ACTION: Place the approval of the WSP Agreement #K17595 for the FY21 NCHIP Grant on the next Action Agenda for BOCC execution. ATTACHMENTS: WSP Agreement #K17595 which has been approved as to form by Chief Deputy Prosecutor Tim Whitehead. Briefing Summary 4/12/2022 WASHINGTON STATE PATROL FEDERAL GRANT SUBRECIPIENT AGREEMENT WSP Agreement K17595 F Subrecipient Number FEDERAL GRANT Federal Grant Award Name CFDA Number(s) Award Year National Criminal History Improvement Program (NCHIP) 16.554 2021 Award Number Award Date Award Amount Federal Performance Period 15PBJS-21-GK-00148- October 19, 2021 $1,341,939 10/01/2021 — 09/30/2023 NCHI Match: $149,116 Is the Public Agency a subrecipient of federal assistance for the Is this agreement funded by a federal award for research and purposes of this agreement? development? ® Yes ❑ No ❑ Yes ® No WASHINGTON STATE PATROL (WSP) WSP Project Director Name and Title WSP Project Director Address Ms. Deborah Collinsworth WSP Criminal Records Division WSP CRD Assistant Division Commander PO Box 42619, Olympia, WA 98504-2619 Telephone E-mail Address (360) 534-2102 Deborah.Collinsworth(aDwsp.wa.Qov WSP Administrative Contact Name and Title WSP Administrative Contact Address Ms. Blessing Guillermo WSP Budget and Fiscal Services Contract Specialist PO Box 42602, Olympia WA 98504-2602 Telephone (360) 596-4036 E-mail Address Blessing.quillermo(a,)wsp.wa.gov SUBRECIPIENT Public Agency Name Statewide Vendor Registration Number Mason County Juvenile Court Services - Detention SWV00 01893-40 Location Address (zip+4) Mailing Address (zip+4) (if different from location address) 317 N 5tn St., Shelton WA 98584-3462 PO Box 368 Shelton, WA 98584-3462 Contact Name Unique Entity Identifier Jim Madsen SNAXPBGW4VR4 Contact Telephone 360-490-4679 Contact E-mail Address iamesma@masoncountvwa.4ov Additional Public Agency Contact Name E-mail Address SUBAWARD Start Date End Date Maximum Agreement Amount May 1, 2022 April 30, 2023 Project Cost: $8,014.00 Federal $7,212.00 Local $802.00 This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement. FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC AGENCY: WSP Signature Date Public Agency Signature Date Printed Name and Title Printed Name and Title John R. Batiste, Chief Kevin Shutty, County Commissioners Chair APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 12/9/10 FY21 NCHIP Subrecipient Agreement Page 1 of 10 FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT 1. Definitions. "Agreement" means this Federal grant subrecipient agreement, including all documents attached or incorporated by reference. "Equipment" means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals the lesser of(a) the capitalization level established by the governmental unit for financial statement purposes, or(b) $5,000. "BJS" means the Bureau of Justice Statistics of the U.S. Department of Justice, Office of the Justice Programs, the grantor of National Criminal History Improvement Program (NCHIP) Grant funds. "Public Agency" means the entity performing services to this Agreement and includes the Public Agency's officers, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Public Agency shall not be considered an employee or agent of WSP. "WSP" means the State of Washington, Washington State Patrol, and its officers, directors, trustees, employees and/or agents. 2. Statement of Work. The Public Agency shall perform the services as set forth in the attached Exhibit A, Statement of Work. 3. Special Terms and Conditions. In addition to the terms contained in this Agreement, the Public Agency shall comply with the terms and conditions contained in Exhibit B, Special Terms and Conditions, which is attached hereto and incorporated herein. 4. Billing Procedure.WSP shall reimburse the Public Agency according to Exhibit A, Statement of Work, for work performed to the satisfaction of the WSP Project Director. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted not more often than monthly to the WSP Project Director. The invoice shall be in the format designated by WSP and shall include the following: a. description of the work performed b. activities accomplished c. progress of the project d. fees and expenses e. match amount as well as amount requested for reimbursement f. a copy of the Public Agency's property record which includes the tag number that is assigned to the equipment g. reference to WSP's agreement number. The Public Agency shall submit the final invoice no later than forty-five (45)calendar days from the completion of the Project or no later than 45 days of the Agreement End Date. 5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Public Agency. 6. Assignment. The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express written consent of the other party. FY21 NCHIP Subrecipient Agreement Page 2 of 10 FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT 7. Certification regarding Debarment, Suspension or Ineligibility. Federal funds are the basis for this Agreement. The Public Agency certifies that neither the Public Agency nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. If requested by WSP, the Public Agency shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Public Agency for this Agreement shall be incorporated into this Agreement by reference. Further, the Public Agency agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs"which can be found at www.sam.gov. 8. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 9. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding to all parties to this Agreement. 10. Federal Funding Accountability and Transparency Act. In order to comply with the Federal Funding Accountability and Transparency Act, the Public Agency shall provide to WSP the following information: a. The Public Agency's Data Universal Numbering System (DUNS) unique identifier; b. The names and total compensation of the five most highly compensated officers of the Public Agency if the Public Agency in the preceding fiscal year received (i) 80 percent or more of its annual gross revenues in Federal awards; and (ii) $25,000,000 or more in annual gross revenues from Federal awards; and (iii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986; and c. Other relevant information specified by the U.S. Office of Management and Budget in subsequent guidance or regulation. 11. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP harmless for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the acts or omissions of WSP and its subcontractors. 12. Independent Capacity. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 13. Monitoring a. Visits and requests for documentation. WSP is responsible for monitoring Public Agency's compliance with grant requirements. Monitoring may consist of visits to Public Agency and routine requests for project documentation. b. Maintenance of Records. During the term of this Agreement and for one year following termination or expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency's place of business and records to WSP and any other employee or agent of the State of Washington or the United States of America for the purpose of FY21 NCHIP Subrecipient Agreement Page 3 of 10 FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT inspecting the Public Agency's place of business and its records, and monitoring, auditing and evaluating the Public Agency's performance and compliance with applicable laws, regulations, rules and this Agreement. During the term of this Agreement and for six years following termination or expiration of this Agreement, the Public Agency shall maintain records sufficient to document(i) performance of all acts required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public Agency's statement of its organization's structure, tax status, capabilities and performance; and (iii) demonstrate accounting procedures, practices and records which sufficiently and properly document the Public Agency's invoices to WSP and all expenditures made by the Public Agency to perform as required by this Agreement. 14. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule the inconsistency shall be resolved by giving precedence in the following order to: Applicable federal and state law, regulations and rules, This Agreement, Exhibit A, Statement of Work; Exhibit B, Special Terms and Conditions; Any other provision of this Agreement, Any document incorporated by reference, including: NCHIP award Public Agency's proposal. 15. Personnel. WSP personnel performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee, and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. 16. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate this Agreement by providing written notice to the Public Agency. This termination shall be effective on the date specified in the notice of termination. 17. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 18. Single Audit Act Compliance. If the Public Agency expends$750,000 or more in federal awards from any and/or all sources in any fiscal year, the Public Agency shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Public Agency shall: a. Submit to the WSP Project Director the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; b. Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs.. FY21 NCHIP Subrecipient Agreement Page 4 of 10 FY21 NCHIP GRANT SUBRECIPIENT AGREEMENT 19. Statewide Payee Registration. The Public Agency shall register as a Statewide Payee prior to submitting a request for payment under this Agreement. The Washington State Department of Enterprise Services (DES) maintains the Statewide Payee Registration System; to obtain registration materials go to: http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default aspx 20. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may subcontract for any of the services provided under this Agreement with the prior, written approval of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor. 21. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty(30) calendar days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination 22. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. FY21 NCHIP Subrecipient Agreement Page 5 of 10 Exhibit A STATEMENT OF WORK 1. Introduction. The purpose of this Agreement is to provide Fiscal Year 2021 (FY21) National Criminal History Improvement Program (NCHIP) grant funds to the Public Agency in order to increase the number of fingerprint submissions sent to and received by the state repository. 2. Scope of Work. As described in the Public Agency's FFY2021 NCHIP application, the Public Agency shall purchase LiveScan equipment. 3. Project Budget. WSP shall reimburse the Federal Share of the following budget: PROJECT: LiveScan Replacement CATEGORY ITEM COST D EQUIPMENT LiveScan Replacement $ 8,014 TOTAL PROJECT $ 8,014 FEDERAL (Maximum 90%of actual cost) $ 7,212 PUBLIC AGENCY MATCH (10%) $ 802 Indirect may be charged for total direct costs. As a local government, the Public Agency is required to prepare and retain its indirect cost proposal on file for review. If applicable, Public Agency shall use the approved federally recognized indirect cost rate negotiated between the Public Agency and the Federal Government or, if no such rate exists, either a rate negotiated between the WSP and the Public Agency, or a de minimis indirect cost rate as defined in 2 C.F.R. 200.414(f). Any changes to the indirect amount noted in the above budget will require an amendment. The Public Agency Match may only be for allowable grant expenses. It is the Public Agency's responsibility to maintain records of the expenses used for match. Expenditures may only occur within the categories listed above. Changes of up to 10 percent can be made without prior approval from WSP. Changes that exceed 10 percent will require the Public Agency to submit a budget change request to WSP for pre-approval. 4. Equipment Management. a. Automated Biometric Identification System (ABIS) Equipment Any ABIS equipment purchased under this award will conform to the American National Standards Institute (ANSI) Standard, "Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information (ANSI/NIST-ITL 1-2007 PART 1) and other reporting standards of the FBI. b. Title to Equipment. Upon successful completion of the terms of this Agreement, all equipment purchased by the Public Agency with Agreement funds will be owned by the Public Agency, or a recognized subrecipient for which a contract, subgrant agreement, or other means of legal transfer or ownership is in place. c. Use of Equipment. The Public Agency, or a recognized subrecipient, shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of the equipment, including all questions of liability. FY21 NCHIP Subrecipient Agreement Page 6 of 10 d. Equipment Records. The Public Agency shall maintain Equipment records that include: a description of the Equipment; the manufacturer's serial number, model number, or other identification number, including the tag number; the source of the Equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the Equipment and the percentage of federal participation in the cost; the location, use and condition of the Equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the Equipment. Equipment records shall be retained by the Public Agency for a period of six (6)years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Public Agency until all litigations, claims, or audit findings involving the records have been resolved. A copy of the Public Agency's record showing the above information of the purchased equipment is required when requesting reimbursement for the equipment. e. Inventories. The Public Agency shall take a physical inventory of the Equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Public Agency to determine the cause of the difference. The Public Agency shall, in connection with the inventory, verify the existence, current utilization, and continued need for the Equipment. The Public Agency shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. The Public Agency will develop adequate maintenance procedures to keep the property in good condition. f. Disposition of Equipment. If the Public Agency is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal agency, disposition of the equipment will be made as follows: • Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Public Agency with no further obligation to the awarding agency. • Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Public Agency shall compensate the U.S. Department of Justice for its share. The Public Agency shall contact WSP before equipment is disposed. 5. Reports. a. Semi-Annual Reports. The Public Agency shall submit to the WSP Project Manager semi- annual progress reports within 15 calendar days after the end of the reporting periods, which are January 1 -June 30 and July 1 - December 31, for the life of this Agreement. b. Final Report. The Public Agency shall submit a final report to the WSP Project Director at the completion of the Project, documenting all relevant project activities during the entire period of support under this Agreement. The Final Report shall be in the format provided by WSP and shall include a summary and assessment of the program carried out with this Agreement, including how funds were actually used and data to support statements of progress. The final report is due no later than 30 days at the completion of the Project and no later than 30 days following the close of the Agreement. FY21 NCHIP Subrecipient Agreement Page 7 of 10 Exhibit B SPECIAL TERMS AND CONDITIONS 1. Federal Funding. a. Federal funds under this award will be used to supplement and not supplant local government funds. Grant funds may be used only for the purposes in the Public Agency's approved application. b. If Public Agency has other active awards of federal funds or receives other federal awards during the period of performance for this award that are to be used in part or in whole for identical costs for which funds are provided under this award, the Public Agency shall promptly notify WSP in writing of potential duplication. If so requested, Public Agency must seek budget or project modification to eliminate inappropriate duplication of funding. c. All recipients of federal funds shall comply with all applicable restrictions on the use of federal funds set out in federal appropriations status. Pertinent restrictions are available at httops://ojp.gov/funding/Explore/FY2lAppropriationsRestrictions.htm, and are incorporated by reference here. 2. Part 200 Uniform Requirements. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the Part 200 Uniform Requirements) apply to this FY 2018 from OJP. 3. Financial Guide. The Public Agency agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 4. Personally Identifiable Information (PI I) Requirement. The Public Agency must have written procedures in place to respond in the event of an actual or imminent"breach" (OMB M-17-12) if it creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79)within the scope of an OJP grant-funded program activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The Public Agency's breach procedures must include a requirement to report actual or imminent breach of PH to WSP no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 5. Procurement contract exceeding $150,000. Public Agency are obtain pre-approval from WSP for any procurement contracts that are in excess of$150,000. 6. Requirements pertaining to prohibited conduct related to trafficking in persons. The Public Agency must comply with all applicable requirements pertaining to prohibited conduct related to the trafficking of persons. Requirements and further details are posted on OJP website at https://oap.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and are incorporated by reference here. 7. Equal Employment Opportunity Plan. The Public Agency acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if Public Agency is required to submit one pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights, U.S. Department of Justice, may result in suspension or termination of funding, until such time as the Public Agency is in compliance. 8. Employment Eligibility Verification. The Public Agency shall ensure that, as part of the hiring process that is funded with award funds, the Public Agency properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. FY21 NCHIP Subrecipient Agreement Page 8 of 10 1324a(a)(1) and (2). The Public Agency may choose to participate in E-Verify (www.e-verify.gov) to confirm employment eligibility for each position that will be funded by award funds. 9. Lobbying. The Public Agency understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government. 10. Federal False Claims Act. The Public Agency must promptly notify WSP of any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1)submitted a false claim for Agreement funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Agreement funds. 11. Performance Measures. The Public Agency agrees to provide performance related data, as outlined in the program announcement to be used to measure the results of the project. 12. Withholding Funds. The Public Agency understands and agrees that funds may be withheld (including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. Funds may also be withheld if the Public Agency fails to satisfactorily and promptly address outstanding issues from audits or investigations or reviews of DOJ awards. 13. Consultant Rates. Approval of this Agreement does not indicate approval of any consultant rate in excess of$650 per day. A detailed justification must be submitted to and approved by WSP prior to obligation or expenditure of such funds. 14. Environmental Laws and Regulations. The Public Agency agrees to comply with all federal, state, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this Agreement. 15. Text Messaging While Driving. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"74 Fed. Reg. 51225 (October 1, 2009), BJS encourages recipients and sub recipients of Agreement funds to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this Agreement, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 16. Conferences. The Public Agency shall comply with all applicable laws, regulations, policies, and official DOJ guidance governing the use of federal funds for expense related to conferences, including the provision of food and/or beverages at such conferences, and costs of attendance. 17. Non-disclosure Agreements. The Public Agency shall not require any employee or contractor to sign an internal confidentiality statement that prohibits or restricts the reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 18. OJP Training Guiding Principles. Any training or training material that the Public Agency develops or delivers with award funds shall adhere to the OJP Training Guiding Principles for Grantees and Subgrantees (https://oop gov/funding/ImplementfTrainingPrinciplesforGrantees- Subgrantees.htm). 19. Reprisal. The Public Agency, in compliance with 41 U.S.C. 4712, shall not discriminate against an employee as reprisal for the disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule or regulation related to a federal grant. FY21 NCHIP Subrecipient Agreement Page 9 of 10 20. Subrecipients. a. General. If the Public Agency is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Public Agency shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal. Domestic Assistance(CFDA)title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Public Agency is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Public Agency and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget(OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 54. (Go to www.oip.usdom.gov/ocr/for additional information and access to the aforementioned Federal laws and regulations.) b. "High Risk" Designation. If the Public Agency is designated a"high risk" by a federal grant- making agency outside of DOJ during the course of this award, the Public Agency must disclose the fact to WSP. The Public Agency agrees to comply with any additional requirements may be imposed by the DOJ or WSP. c. Overpayments. If it is determined by WSP, or during the course of a required audit, that the Public Agency has been paid unallowable costs under this or any Program Agreement, WSP may require the Public Agency to reimburse WSP in accordance with 2 CFR Part 200. d. The Public Agency, if a law enforcement agency, shall have been certified or in the process of being certified by an approved independent credentialing body. FY21 NCHIP Subrecipient Agreement Page 10 of 10 Mason County Administrator co�NrA 411 North 5th Street Shelton, WA 98584 360.427.9670 ext. 419 Y lxu MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR April 18, 2022 • Specific Items for Review o Public Record Request log information on County website — Diane o Open Public Meeting Act (OPMA) update—Diane o Schedule 6-month evaluation of Administrator—Diane o Request from Squaxin Island Tribe to schedule a joint meeting— Diane o Review of cost estimate for projects at Sandhill Park and Union Community Park—John o ILA with PUD 3 for internet back up—TJ o ARPA Funding request from Port of Allyn — Mark 0 2022 Take Home Vehicle Assignment for Roy Beierle— Mark • Commissioner Discussion JADLZ\Briefing Items\2022\2022-04-18.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services Mng. EXT: BRIEFING DATE: 4/18/22 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain ITEM: Public Records Request info available on website EXECUTIVE SUMMARY: Follow up to request made by Cmmr. Shutty that the County's public record request log be available to the public on-line. Mason County uses GovQA to track/process our public records. A Public Records Request Archive option has been added to the Public Records Request web page that allows the user to view what public records requests have been made. This does not include the Sheriff's office due to the sensitive nature of some of their requests that would require redaction. BUDGET IMPACT: None PUBLIC OUTREACH: Information is available here: https://masoncountywa.govga.us/WEBAPP/ rs/(S(yzmgsmm2jkl3kucfonrjjkdq))/suppor thome.aspx RECOMMENDED OR REQUESTED ACTION: None ATTACHMENTS: None Briefing Summary 4/12/2022 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Central Services Mng. EXT: BRIEFING DATE: April 18, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain ITEM: Updates to the Open Public Meetings Act (OPMA) EXECUTIVE SUMMARY: In the 2022 Legislative Session, HB 1329 was approved that makes several changes to the OPMA. Mason County is in compliance with these changes and the regular meeting agenda will be modified regarding public comment. The OPMA previously did not require governing bodies to receive public comment at their meetings, although that has been Mason County's practice. Effective June 9, 2022, public comment at regular meetings of a governing body of a public agency where final action is taken is now a requirement. Public agencies must allow for the public to orally comment at the meeting or submit written comment prior to or at all regular meetings. Public comment is not required in emergency situations and is not required (but recommended) at special meetings. If oral comment is allowed and an individual who has difficulty attending the meeting in-person requests an opportunity to provide oral comment remotely, the agency must provide this opportunity when feasible. BUDGET IMPACT: None PUBLIC OUTREACH: Agenda will be modified to be in compliance with this change RECOMMENDED OR REQUESTED ACTION: None ATTACHMENTS: Agenda, OPMA information Briefing Summary 4/12/2022 Board of Mason County Commissioners n6- Draft Meeting Agenda Commission Chambers 411 N 5" St, Shelton, WA 98584 [DATE] �w 9:00 a.m. Our Commission meetings are live streamed at hM2://www.masonwebtv.com/ In person attendance is temporarily restricted. During this time,we will accept public comment and testimony using Zoom.Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmithAmasoncounbMa.gov;mail in to the Commissioners' Office at 411 N 51h St, Shelton,WA 98584;or call(360)427-9670 ext.230. If you need to listen to the Commission meeting via telephone,please provide your telephone number to the Commissioners' Office no later than 4:00 p.m.the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act(OPMA)meeting restrictions are in place. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input—(3 minutes per person, 15-minute time limit) Please see above options to provide public comment. These options are only available while COVID-19 OPMA meetings restrictions are in place. 6. Adoption of Agenda Items appearing on the agenda after "Item 10. Public Hearings"maybe be acted upon before 9:15 a.m. 7. Approval of Minutes— 8. Approval of Action Agenda Items listed under "Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 9. Other Business(Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 11. Board's Calendar and Reports 12. Adjournment M RSC Empowering local governments The OPMA Gets an Update from the Legislature March 24, 2022 by Flannary Collins Category: Open Public Meetings Act, New Legislation and Regulations w Editor's note. This blog has been updated since the original date of `f R publication in the following ways: To add that GovernorJay lnslee has MEETING j + " signed HB 1329 into law(March 24, CANCELED 2022), s To add the dates on which changes to the OPMA take effect, To clarify what the OPMA defines as a governing body, To clarify how a special or regular meeting can be adjourned, and • To clarify remote meeting attendance. Changes have been made to the Open Public Meetings Act(OPMA) in HB 1329,with some changes effective upon Governor Jay Insleds signature on the bill (March 24, 2022),while others are effective soon after (June 9, 2022). Local governments should familiarize themselves with these changes, so they are prepared to implement them immediately upon the governors signature. The most notable change (which is really more of a clarification) is that meetings subject to the OPMA must have a physical location (with a few allowed exceptions).Another significant change is the requirement for public comment at regular meetings where final action is taken.This blog will review the physical location and public comment requirements as well as other notable changes made to the OPMA. Unless otherwise noted below, all of the changes highlighted in this blog are effective as of March 24, 2022. Location of Meetings Over the years,those in the municipal field have debated the question of whether the OPMA requires a physical location for a meeting of the legislative body. A 2017 Attorney General opinion concluded that it did, interpreting the OPMA language as requiring meetings be held at a physical location and allowing remote attendance by the legislative body(see AGO 2017 No.4).That position has now been codified into the OPMA. Of course, during the COVID-19 pandemic,the governor's proclamations made an exception to the physical location requirement, mandating that meetings of the legislative body be held remotely.And, despite the recent lifting of the mask mandate, Proclamation 20-28.14 (extended by Proclamation 20-28.15) remains in effect and requires meetings subject to the OPMA be held remotely,with an in-person component optional. Once the proclamation expires,the new language in the OPMA will control. That new OPMA language requires that all meetings of a governing body of a public agency be held in a physical location where the public can attend,with two exceptions: 1. If a local, state, or federal emergency has been declared and the public agency determines it cannot hold an in- person meeting, the meeting can be fully remote. o If required by the emergency,the public agency can either fully prohibit or limit in-person public attendance at the meeting. o If the meeting is held remotely or the public attendance is limited or prohibited, the agency must provide a cost-free option to attend in real-time, either by telephone or another readily available alternative. 2. If a governing body held some of its regular meetings remotely prior to March 1, 2020, they may continue to hold these meetings remotely with no declared emergency so long as the public may also attend remotely. This latter option will only apply to a small handful of public agencies,as the March 1, 2020 date precedes by approximately three weeks the governor's Proclamation 20-28 requiring all meetings be remote. Notably, it is encouraged but not required that a governing body provide a remote meeting attendance option when there are no limitations to in-person meeting attendance by the public. Remote Meeting Attendance by Members of the Legislative Body Again confirming the direction in AGO 2017 No.4, the OPMA now specifically permits members of the governing body to attend the meeting by phone or other electronic means that allows for real-time verbal communication. So, while the meeting must be held in a physical location and must allow the public to attend in-person (absent an emergency),any or all members of the governing body can choose to attend the in-person meeting remotely. See section 5, subsection 5 of HB 1329,which provides that"[n]othing in this section alters the ability of public agencies... to have members of the governing body participate in a meeting remotely with no declared emergency' Online Posting of Regular Meeting Agendas The general rule is that all public agencies must post their regular meeting agendas online no later than 24 hours in advance of the governing bodys meeting. Previously,the OPMA allowed those agencies without a website or with fewer than 10 full time employees to opt out of online agenda posting.The bar for opting out of posting agendas online is now much higher.The OPMA now only allows special purpose districts, cities,or towns that meet the following criteria to opt out of online agenda posting: • Has an aggregate valuation of the property subject to taxation by the district, city,or town of less than $400,000,000; • Has a population of under 3,000;and • Provides confirmation to the state auditor that the cost of posting notices on its website or a shared website would exceed one-tenth of 1% of the local government's budget Posting of Special Meeting Notice Special meetings are any meetings of the legislative body that are not a regular meeting,and they require different types of notice. RCW 42.30.080.The rules for special meeting notice have changed slightly.The chart below details the new rules by looking at the type of notice required and whether there is an exception: Type of Notice(required at Exception least 24 hours in advance of meeting) Personal notification to each If a waiver is on file or they are present at the meeting member of the governing body Notification to news media if None there is a request on file Agency website posting If the agency.(1)does not have a website;or(2)does not share a website with another agency;or(3)employs no full- time equivalent employees(the previous language was"employs fewer than 10 full-time equivalent employees:');or(4) does not employ personnel whose duty it is to maintain or update the website. In print at the main entrance of If notice cannot be posted with reasonable safety(such as during a snowstorm or other hazard). agency's principal location for meetings held in person Notwithstanding the above requirements, special meeting notice is not required for the following: • Special meetings called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or • When the notice cannot be posted or displayed with reasonable safety. However special meeting notice is required to be posted on the agency website for any special meetings that are being held remotely due to a declared emergency or where public attendance must be restricted, regardless of the number of employees or whether the agency employs personnel whose duty it is to update or maintain the website. Receiving Public Comment and Recording Meetings While the OPMA previously did not require governing bodies to receive public comment at their meetings, most public agencies did provide a set time on the meeting agenda for the public to comment on agency business. Effective June 9, 2022, public comment at regular meetings of a governing body of a public agency where final action is taken is now a requirement. Note that a governing body includes not just the city or county council or board of commissioners, but also planning commissions, civil service commissions, and other policy or rule-making bodies, and committees that act on behalf of the governing body, conduct hearings, or take testimony or public comment. Public agencies must allow for the public to orally comment at the meeting or submit written comment prior to or at all regular meetings. HB 1329 doesn't expressly state at what point during the meeting public comment must be taken, so this is a policy decision of the agency. Public comment is not required in emergency situations and is not required (but is recommended) at special meetings,even when final action is taken. If oral comment is allowed and an individual who has difficulty attending the meeting in-person requests an opportunity to provide oral comment remotely,the agency must provide this opportunity when feasible. Also, effective June 9, 2022, the OPMA encourages agencies to make an audio or video recording of the regular meetings and make those recordings available online for a minimum of six months. Purpose of Executive Sessions Effective June 9, 2022, the OPMA now requires the announced purpose of the executive session be entered into the meeting minutes. See our Executive Session Basics topic page and Executive Sessions FAQs for more on executive sessions. Adjournment of In-Person Meetings Under the OPMA,a regular or special meeting can be "adjourned;' or rescheduled, to a different time and place, so long as appropriate notice is provided. (While "adjourn" is commonly understood to mean simply ending a meeting, in the OPMA context it means to reschedule a scheduled meeting.) If an in-person meeting is adjourned (i.e., rescheduled),a copy of the order or notice of adjournment must be posted immediately after adjournment on or near the door where the meeting was held. If the meeting was held remotely, no notice of adjournment is required. Conclusion As the reader can see based on the length of this blog, the legislature changed many details in the OPMA.While this blog highlights these changes,a careful read of HB 1329 is recommended to ensure your agency's meetings are in compliance with the OPMA. If you are interested in learning more about the OPMA, MRSC has a wealth of OPMA information available on its website, including: • Open Public Meetings Act Basics topic page • The OPMA —Latest Issues and Case Law Update on-demand webinar broadcast in February 2022.To access the webinar,visit On Demand Webinars and scroll down to Open Government (PRA and OPMA). • MRSC Insight blogs o Tips for Government Bodies Meeting Remotely o Working on Council Guidelines?What About Remote Meeting Attendance? o Technology and Open Government: Maximizing Participation and Transparency MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal,policy, or financial questions. CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1329 Chapter 115, Laws of 2022 67th Legislature 2022 Regular Session OPEN PUBLIC MEETINGS—VARIOUS PROVISIONS EFFECTIVE DATE: June 9, 2022—Except for sections 5 through 11, which take effect March 24, 2022 . Passed by the House March 7, 2022 CERTIFICATE Yeas 87 Nays 11 I, Bernard Dean, Chief Clerk of the House of Representatives of the LAURIE JINKINS State of Washington, do hereby Speaker of the House of certify that the attached is Representatives ENGROSSED SUBSTITUTE HOUSE BILL 1329 as passed by the House of Representatives and the Senate on the dates hereon set forth. Passed by the Senate March 3, 2022 Yeas 47 Nays 0 BERNARD DEAN DENNY HECK Chief Clerk President of the Senate Approved March 24, 2022 8:34 AM FILED March 24, 2022 Secretary of State JAY INSLEE State of Washington Governor of the State of Washington ENGROSSED SUBSTITUTE HOUSE BILL 1329 AS AMENDED BY THE SENATE Passed Legislature - 2022 Regular Session State of Washington 67th Legislature 2021 Regular Session By House Local Government (originally sponsored by Representatives Wicks, Pollet, Taylor, Ryu, Wylie, Shewmake, Bateman, Lovick, Fey, Morgan, Lekanoff, Harris-Talley, and Peterson) READ FIRST TIME 02/15/21 . 1 AN ACT Relating to public meeting accessibility and 2 participation; amending RCW 42 . 30 . 010, 42 .30 . 030, 42 . 30. 040, 3 42 . 30 .050, 42 . 30 . 070, 42 . 30 . 077, 42 . 30 . 080, 42 . 30 . 090, 42 .30. 110, and 4 42 . 30 . 900; adding new sections to chapter 42 . 30 RCW; creating a new 5 section; and declaring an emergency. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 NEW SECTION. Sec. 1. The legislature finds and declares that, 8 due to technological advances since the 1971 adoption of the open 9 public meetings act, elected officials no longer conduct the public' s 10 business solely at in-person meetings, but can and do utilize 11 telephonic and other electronic methods to efficiently conduct the 12 business of state and local government remotely. Further, limitations 13 on public gatherings required as the result of a disaster or 14 emergency, for example, to assist in preventing the spread of 15 infectious diseases, may affirmatively necessitate the use of 16 technology and the avoidance of in-person attendance at public 17 meetings for the conduct of governmental business. It is the policy 18 of the state that a governing body' s actions, including 19 deliberations, shall be taken and conducted in the open. When the 20 public cannot observe and participate in person, it may limit 21 participation in democracy. Therefore, this act shall be construed in P. 1 ESHB 1329.SL 1 favor of ensuring access by the public to observe elected officials 2 when they meet pursuant to this act. It is the intent of this act to 3 modernize and update the open public meetings act emergency 4 procedures to reflect technological advances, while maintaining the 5 act' s public policy that governing body' s actions and deliberations 6 be taken and conducted openly while balancing public safety in 7 emergency conditions . Governing bodies are encouraged to adopt 8 resolutions or ordinances establishing where and how meetings will be 9 held in the event of an emergency, in order to allow the public to 10 more easily learn about and observe public agency action in an 11 emergent situation. 12 The legislature further finds people participating in their 13 government, especially through public comment, is an essential part 14 of developing public policy. The legislature finds that there are 15 numerous developing technologies that can be used to facilitate 16 public comment, especially for those with disabilities, underserved 17 communities, and those who face time or distance challenges when 18 traveling to public meetings . Therefore, the legislature intends to 19 encourage public agencies to make use of remote access tools as fully 20 as practicable to encourage public engagement and better serve their 21 communities . 22 Sec. 2. RCW 42 .30 . 010 and 1971 ex. s . c 250 s 1 are each amended 23 to read as follows : 24 The legislature finds and declares that all public commissions, 25 boards, councils, committees, subcommittees, departments, divisions, 26 offices, and all other public agencies of this state and subdivisions 27 thereof exist to aid in the conduct of the people' s business . It is 28 the intent of this chapter that their actions be taken openly and 29 that their deliberations be conducted openly. 30 The people of this state do not yield their sovereignty to the 31 agencies which serve them. The people, in delegating authority, do 32 not give their public servants the right to decide what is good for 33 the people to know and what is not good for them to know. The people 34 insist on remaining informed and informing the people ' s public 35 servants of their views so that they may retain control over the 36 instruments they have created. For these reasons, even when not 37 required by law, public agencies are encouraged to incorporate and 38 accept public comment during their decision-making process . p. 2 ESHB 1329. SL 1 Sec. 3. RCW 42 . 30. 030 and 1971 ex. s . c 250 s 3 are each amended 2 to read as follows : 3 1) All meetings of the governing body of a public agency shall 4 be open and public and all persons shall be permitted to attend any 5 meeting of the governing body of a public agency, except as otherwise 6 provided in this chapter. 7 (2) Public agencies are encouraged to provide for the increased 8 ability of the public to observe and participate in the meetings of 9 governing bodies through real-time telephonic, electronic, internet, 10 or other readily available means of remote access that do not require 11 an additional cost to access the meeting. 12 NEW SECTION. Sec. 4. A new section is added to chapter 42 . 30 13 RCW to read as follows : 14 (1) Public agencies are encouraged to make an audio or video 15 recording of, or to provide an online streaming option for, all 16 regular meetings of its governing body, and to make recordings of 17 these meetings available online for a minimum of six months. 18 (2) This section does not alter a local government ' s 19 recordkeeping requirements under chapter 42 . 56 RCW. 20 NEW SECTION. Sec. 5. A new section is added to chapter 42 . 30 21 RCW to read as follows : 22 (1) If, after the declaration of an emergency by a local or state 23 government or agency, or by the federal government, a public agency 24 determines that it cannot hold a meeting of the governing body with 25 members or public attendance in person with reasonable safety because 26 of the emergency, the public agency may: 27 (a) Hold a remote meeting of the governing body without a 28 physical location; or 29 (b) Hold a meeting of the governing body at which the physical 30 attendance by some or all members of the public is limited due to a 31 declared emergency. 32 (2) During a remote meeting, members of the governing body may 33 appear or attend by phone or by other electronic means that allows 34 real-time verbal communication without being in the same physical 35 location. For a remote meeting or a meeting at which the physical 36 attendance by some or all members of the public is limited due to a 37 declared emergency, the public agency must provide an option for the 38 public to listen to the proceedings telephonically or by using a p. 3 ESHB 1329. SL 1 readily available alternative in real-time that does not require any 2 additional cost for participation. Free readily available options 3 include, but are not limited to, broadcast by the public agency on a 4 locally available cable television station that is available 5 throughout the jurisdiction or other electronic, internet, or other 6 means of remote access that does not require any additional cost for 7 access to the program. The public agency may also allow the other 8 electronic means of remote access . 9 (3) No action may be taken at a remote meeting or a meeting at 10 which the physical attendance by some or all members of the public is 11 limited due to a declared emergency if the public agency has not 12 provided an option for the public to listen to proceedings pursuant 13 to subsection (2) of this section, except for an executive session as 14 authorized in this chapter. 15 (4) Notice of a remote meeting without a physical location or a 16 meeting at which the physical attendance by some or all members of 17 the public is limited due to a declared emergency must be provided in 18 accordance with this chapter and must include instructions on how the 19 public may listen live to proceedings and on how the public may 20 access any other electronic means of remote access offered by the 21 public agency. 22 (5) A remote meeting or a meeting at which the physical 23 attendance by some or all members of the public is limited due to a 24 declared emergency that is held under the provisions of this section 25 shall be considered open and public in compliance with the 26 requirements of this chapter. Nothing in this section alters the 27 ability of public agencies to take action in response to an emergency 28 as provided for in RCW 42 . 30. 070, or to have members of a governing 29 body participate in a meeting remotely with no declared emergency. 30 (6) Notwithstanding any other provision in this section, any 31 governing body of a public agency which held some of its regular 32 meetings remotely prior to March 1, 2020, may continue to hold some 33 of its regular meetings remotely with no declared emergency so long 34 as the public agency provides an option for the public to listen to 35 the proceedings pursuant to subsection (2) of this section. 36 Sec. 6. RCW 42 . 30. 040 and 2012 c 117 s 124 are each amended to 37 read as follows: 38 A member of the public shall not be required, as a condition to 39 attendance at a meeting of a governing body, to register his or her p. 4 ESHB 1329.SL 1 name and other information, to complete a questionnaire, or otherwise 2 to fulfill any condition precedent to his or her attendance. This 3 section does not prohibit any generally applicable conditions 4 determined by the governing body to be reasonably necessary to 5 protect the public health or safety, or to protect against 6 interruption of the meeting, including a meeting at which the 7 physical attendance by some or all members of the public is limited 8 due to a declared emergency. 9 Sec. 7. RCW 42 . 30 . 050 and 1971 ex. s . c 250 s 5 are each amended 10 to read as follows : 11 In the event that any meeting is interrupted by a group or groups 12 of persons so as to render the orderly conduct of such meeting 13 unfeasible and order cannot be restored by the removal of individuals 14 who are interrupting the meeting, the members of the governing body 15 conducting the meeting may order the meeting room cleared and 16 continue in session or may adjourn the meeting and reconvene at 17 another location selected by majority vote of the members . In such a 18 session, final disposition may be taken only on matters appearing on 19 the agenda. Representatives of the press or other news media, except 20 those participating in the disturbance, shall be allowed to attend 21 any session held pursuant to this section. Nothing in this section 22 shall prohibit the governing body from establishing a procedure for 23 readmitting an individual or individuals not responsible for 24 disturbing the orderly conduct of the meeting. Nothing in this 25 section prohibits the governing body from stopping people from 26 speaking to the governing body when not recognized by the governing 27 body to speak. 28 Sec. 8. RCW 42 . 30. 070 and 1983 c 155 s 2 are each amended to 29 read as follows : 30 The governing body of a public agency shall provide the time for 31 holding regular meetings by ordinance, resolution, bylaws, or by 32 whatever other rule is required for the conduct of business by that 33 body. Unless otherwise provided for in the act under which the public 34 agency was formed, meetings of the governing body need not be held 35 within the boundaries of the territory over which the public agency 36 exercises jurisdiction. If at any time any regular meeting falls on a 37 holiday, such regular meeting shall be held on the next business day. 38 If, by reason of fire, flood, earthquake, or other emergency, there p. 5 ESHB 1329. SL 1 is a need for expedited action by a governing body to meet the 2 emergency, the presiding officer of the governing body may provide 3 for a meeting site other than the regular meeting site, for a remote 4 meeting without a physical location, or for a meeting at which the 5 physical attendance by some or all members of the public is limited 6 due to a declared emergency, and the notice requirements of this 7 chapter shall be suspended during such emergency. It shall not be a 8 violation of the requirements of this chapter for a majority of the 9 members of a governing body to travel together or gather for purposes 10 other than a regular meeting or a special meeting as these terms are 11 used in this chapter: PROVIDED, That they take no action as defined 12 in this chapter. 13 Sec. 9. RCW 42 . 30 . 077 and 2014 c 61 s 2 are each amended to read 14 as follows: 15 (1) Public agencies with governing bodies must make the agenda of 16 each regular meeting of the governing body available online no later 17 than ( (4cwen4a feur—) ) 24 hours in advance of the published start time 18 of the meeting. An agency subject to provisions of this section ( (-i-& 19 no-tLaeefui cote—post an agenda if it lees net--have-camwebsite ems' i-f it 20 eFapleys Fe••e~c than ten full tote—equivalent emsleycs) ) may share a 21 website with, or have its website hosted by, another public agency to 22 post meeting agendas, minutes, budgets, contact information, and 23 other records, including any resolution or ordinance adopted by the 24 agency establishing where and how the public agency will meet in the 25 event of an emergency. Nothing in this section prohibits subsequent 26 modifications to agendas nor invalidates any otherwise legal action 27 taken at a meeting where the agenda was not posted in accordance with 28 this section. Nothing in this section modifies notice requirements or 29 shall be construed as establishing that a public body or agency' s 30 online posting of an agenda as required by this section is sufficient 31 notice to satisfy public notice requirements established under other 32 laws . Failure to post an agenda in accordance with this section shall 33 not provide a basis for awarding attorney fees under RCW 42 . 30 . 120 or 34 commencing an action for mandamus or injunction under RCW 42 .30 . 130 . 35 (2) A special purpose district, city, or town subject to the 36 provisions of this section is not required to post an agenda online 37 if the district, city, or town: 38 (a) Has an aggregate valuation of the property subject to 39 taxation by the district, city, or town of less than $400, 000, 000, as p. 6 ESHB 1329 .SL 1 placed on the last completed and balanced tax rolls of the county, 2 preceding the date of the most recent tax levy; 3 (b) Has a population within its jurisdiction of under 3, 000 4 persons; and 5 (c) Provides confirmation to the state auditor at the time it 6 files its annual reports under RCW 43. 09. 230 that the cost of posting 7 notices on a website of its own, a shared website, or on the website 8 of the county in which the largest portion of the district' s, city' s, 9 or town' s population resides, would exceed one-tenth of one percent 10 of the district' s, city' s, or town' s budget. 11 Sec. 10. RCW 42 . 30 . 080 and 2012 c 188 s 1 are each amended to 12 read as follows : 13 (1) A special meeting may be called at any time by the presiding 14 officer of the governing body of a public agency or by a majority of 15 the members of the governing body by delivering written notice 16 personally, by mail, by fax, or by ( (elez-crrenle- faal=) ) email to each 17 member of the governing body. Written notice shall be deemed waived 18 in the following circumstances : 19 (a) A member submits a written waiver of notice with the clerk or 20 secretary of the governing body at or prior to the time the meeting 21 convenes . A written waiver may be given by telegram, fax, or 22 ( (eleetr-enie mai=) ) email; or 23 (b) A member is actually present at the time the meeting 24 convenes . 25 (2) Notice of a special meeting called under subsection (1) of 26 this section shall be: 27 (a) Delivered to each local newspaper of general circulation and 28 local radio or television station that has on file with the governing 29 body a written request to be notified of such special meeting or of 30 all special meetings; 31 (b) Posted on the agency' s website. An agency is not required to 32 post a special meeting notice on its website if it ( (+i ) ) does not 33 have a website ( ( HAW or share a website with another agency. 34 Except in the case of a remote meeting or a meeting at which the 35 physical attendance by some or all members of the public is limited 36 due to a declared emergency as provided for in this chapter, an 37 agency is not required to post a special meeting notice on its 38 website if it employs ( (fewer than 44 en) ) no full-time equivalent 39 employees ( (, ) ), or ( ( ii ) ) does not employ personnel whose duty, as p. 7 ESHB 1329.SL 1 defined by a job description or existing contract, is to maintain or 2 update the website; and 3 (c) Prominently displayed at the main entrance of the agency' s 4 principal location and the meeting site if it is not held at the 5 agency' s principal location and is not held as a remote meeting; 6 except that during a declared emergency which prevents a meeting from 7 being held in-person with reasonable safety an agency that hosts a 8 website or shares a website with another agency may instead post 9 notice of a remote meeting without a physical location on the website 10 hosted or shared by the agency. 11 Such notice must be delivered or posted, as applicable, at least 12 ( (:� :cnt -feuL-) ) 24 hours before the time of such meeting as specified 13 in the notice. 14 (3) The call and notices required under subsections (1) and (2) 15 of this section shall specify the time and place of the special 16 meeting and the business to be transacted. Final disposition shall 17 not be taken on any other matter at such meetings by the governing 18 body. 19 (4) The notices provided in this section may be dispensed with in 20 the event a special meeting is called to deal with an emergency 21 involving injury or damage to persons or property or the likelihood 22 of such injury or damage, when time requirements of such notice would 23 make notice impractical and increase the likelihood of such injury or 24 damage, or when the required notice cannot be posted or displayed 25 with reasonable safety, including but not limited to declared 26 emergencies in which travel to physically post notice is barred or 27 advised against. 28 Sec. 11. RCW 42 . 30 . 090 and 2012 c 117 s 125 are each amended to 29 read as follows : 30 The governing body of a public agency may adjourn any regular, 31 adjourned regular, special, or adjourned special meeting to a time 32 and place specified in the order of adjournment. Less than a quorum 33 may so adjourn from time to time. If all members are absent from any 34 regular or adjourned regular meeting the clerk or secretary of the 35 governing body may declare the meeting adjourned to a stated time and 36 place . He or she shall cause a written notice of the adjournment to 37 be given in the same manner as provided in RCW 42 . 30. 080 for special 38 meetings, unless such notice is waived as provided for special 39 meetings . ( (ice) ) Except in the case of remote meetings without p. 8 ESHB 1329.SL 1 a physical location as provided for in this chapter, whenever any 2 meeting is adjourned a copy of the order or notice of adjournment 3 shall be conspicuously posted immediately after the time of the 4 adjournment on or near the door of the place where the regular, 5 adjourned regular, special, or adjourned special meeting was held. 6 When a regular or adjourned regular meeting is adjourned as provided 7 in this section, the resulting adjourned regular meeting is a regular 8 meeting for all purposes. When an order of adjournment of any meeting 9 fails to state the hour at which the adjourned meeting is to be held, 10 it shall be held at the hour specified for regular meetings by 11 ordinance, resolution, bylaw, or other rule. 12 Sec. 12. RCW 42 . 30 . 110 and 2019 c 162 s 2 are each amended to 13 read as follows : 14 (1) Nothing contained in this chapter may be construed to prevent 15 a governing body from holding an executive session during a regular 16 or special meeting: 17 (a) (i) To consider matters affecting national security; 18 (ii) To consider, if in compliance with any required data 19 security breach disclosure under RCW 19.255 . 010 and 42 . 56. 590, and 20 with legal counsel available, information regarding the 21 infrastructure and security of computer and telecommunications 22 networks, security and service recovery plans, security risk 23 assessments and security test results to the extent that they 24 identify specific system vulnerabilities, and other information that 25 if made public may increase the risk to the confidentiality, 26 integrity, or availability of agency security or to information 27 technology infrastructure or assets; 28 (b) To consider the selection of a site or the acquisition of 29 real estate by lease or purchase when public knowledge regarding such 30 consideration would cause a likelihood of increased price; 31 (c) To consider the minimum price at which real estate will be 32 offered for sale or lease when public knowledge regarding such 33 consideration would cause a likelihood of decreased price. However, 34 final action selling or leasing public property shall be taken in a 35 meeting open to the public; 36 (d) To review negotiations on the performance of publicly bid 37 contracts when public knowledge regarding such consideration would 38 cause a likelihood of increased costs; P. 9 ESHB 1329.SL 1 (e) To consider, in the case of an export trading company, 2 financial and commercial information supplied by private persons to 3 the export trading company; 4 (f) To receive and evaluate complaints or charges brought against 5 a public officer or employee. However, upon the request of such 6 officer or employee, a public hearing or a meeting open to the public 7 shall be conducted upon such complaint or charge; 8 (g) To evaluate the qualifications of an applicant for public 9 employment or to review the performance of a public employee. 10 However, subject to RCW 42 . 30 . 140 (4) , discussion by a governing body 11 of salaries, wages, and other conditions of employment to be 12 generally applied within the agency shall occur in a meeting open to 13 the public, and when a governing body elects to take final action 14 hiring, setting the salary of an individual employee or class of 15 employees, or discharging or disciplining an employee, that action 16 shall be taken in a meeting open to the public; 17 (h) To evaluate the qualifications of a candidate for appointment 18 to elective office. However, any interview of such candidate and 19 final action appointing a candidate to elective office shall be in a 20 meeting open to the public; 21 (i) To discuss with legal counsel representing the agency matters 22 relating to agency enforcement actions, or to discuss with legal 23 counsel representing the agency litigation or potential litigation to 24 which the agency, the governing body, or a member acting in an 25 official capacity is, or is likely to become, a party, when public 26 knowledge regarding the discussion is likely to result in an adverse 27 legal or financial consequence to the agency. 28 This subsection (1) (i) does not permit a governing body to hold 29 an executive session solely because an attorney representing the 30 agency is present. For purposes of this subsection (1) (i) , "potential 31 litigation" means matters protected by RPC 1 . 6 or RCW 5. 60 . 060 (2) (a) 32 concerning: 33 (i) Litigation that has been specifically threatened to which the 34 agency, the governing body, or a member acting in an official 35 capacity is, or is likely to become, a party; 36 (ii) Litigation that the agency reasonably believes may be 37 commenced by or against the agency, the governing body, or a member 38 acting in an official capacity; or 39 (iii) Litigation or legal risks of a proposed action or current 40 practice that the agency has identified when public discussion of the P. 10 ESHB 1329.SL 1 litigation or legal risks is likely to result in an adverse legal or 2 financial consequence to the agency; 3 (j ) To consider, in the case of the state library commission or 4 its advisory bodies, western library network prices, products, 5 equipment, and services, when such discussion would be likely to 6 adversely affect the network' s ability to conduct business in a 7 competitive economic climate. However, final action on these matters 8 shall be taken in a meeting open to the public; 9 (k) To consider, in the case of the state investment board, 10 financial and commercial information when the information relates to 11 the investment of public trust or retirement funds and when public 12 knowledge regarding the discussion would result in loss to such funds 13 or in private loss to the providers of this information; 14 (1) To consider proprietary or confidential nonpublished 15 information related to the development, acquisition, or 16 implementation of state purchased health care services as provided in 17 RCW 41 . 05. 026; 18 (m) To consider in the case of the life sciences discovery fund 19 authority, the substance of grant applications and grant awards when 20 public knowledge regarding the discussion would reasonably be 21 expected to result in private loss to the providers of this 22 information; 23 (n) To consider in the case of a health sciences and services 24 authority, the substance of grant applications and grant awards when 25 public knowledge regarding the discussion would reasonably be 26 expected to result in private loss to the providers of this 27 information; 28 (o) To consider information regarding staff privileges or quality 29 improvement committees under RCW 70 . 41 . 205 . 30 (2) Before convening in executive session, the presiding officer 31 of a governing body shall publicly announce the purpose for excluding 32 the public from the meeting place, and the time when the executive 33 session will be concluded. The executive session may be extended to a 34 stated later time by announcement of the presiding officer. The 35 announced purpose of excluding the public must be entered into the 36 minutes of the meeting required by RCW 42 . 30 . 035 . 37 NEW SECTION. Sec. 13. A new section is added to chapter 42 . 30 38 RCW to read as follows : P. 11 ESHB 1329. SL 1 (1) Except in an emergency situation, the governing body of a 2 public agency shall provide an opportunity at or before every regular 3 meeting at which final action is taken for public comment. The public 4 comment required under this section may be taken orally at a public 5 meeting, or by providing an opportunity for written testimony to be 6 submitted before or at the meeting. If the governing body accepts 7 written testimony, this testimony must be distributed to the 8 governing body. The governing body may set a reasonable deadline for 9 the submission of written testimony before the meeting. 10 (2) Upon the request of any individual who will have difficulty 11 attending a meeting of the governing body of a public agency by 12 reason of disability, limited mobility, or for any other reason that 13 makes physical attendance at a meeting difficult, the governing body 14 shall, when feasible, provide an opportunity for that individual to 15 provide oral comment at the meeting remotely if oral comment from 16 other members of the public will be accepted at the meeting. 17 (3) Nothing in this section prevents a governing body from 18 allowing public comment on items not on the meeting agenda. 19 (4) Nothing in this section diminishes the authority of governing 20 bodies to deal with interruptions under RCW 42 . 30 . 050, limits the 21 ability of the governing body to put limitations on the time 22 available for public comment or on how public comment is accepted, or 23 requires a governing body to accept public comment that renders 24 orderly conduct of the meeting unfeasible. 25 Sec. 14. RCW 42 . 30 . 900 and 1971 ex. s . c 250 s 16 are each 26 amended to read as follows : 27 This chapter may be known and cited as the ( ("Gleen Public 28 Meetings Aet of 19:�!" . ) ) Washington state open public meetings act or 29 OPMA. 30 NEW SECTION. Sec. 15 . Sections 5 through 11 of this act are 31 necessary for the immediate preservation of the public peace, health, 32 or safety, or support of the state government and its existing public 33 institutions, and take effect immediately. Passed by the House March 7, 2022 . Passed by the Senate March 3, 2022 . Approved by the Governor March 24, 2022 . Filed in Office of Secretary of State March 24, 2022 . --- END --- p. 12 ESHB 1329. SL MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: John Taylor Department: Parks &Trails Ext: 806 Briefing Date: 04/18/2022 Previous Briefing Dates: 03/14/2022 If this is a follow-up briefing, please provide only new information Item: Cost Estimate for Sandhill RCO Grant Project Executive Summary: (If applicable, please include available options and potential solutions): Mason County Parks and Trails is preparing to apply for a Washington State Recreation and Conservation Office (RCO) Grant on May 1, 2022, to assist with adding a synthetic ball field to the existing park. Two grants being applied for: (1) Youth Athletic Facilities (YAF) grant and (2) Washington Wildlife and Recreation Program (WWRP). The projected costs estimated by Bob Droll are presented in the Budget Impact section of this briefing. Budget Impact: The estimated potential awards and cost are listed below: Estimated YAF Grant: ($350,000.00) Estimated WWRP Grant: ($500,000.00) Potential Grant Award: ($850,000.00) Mason County total Costs $5,153,000.00 Total Estimated County Match $4,303,000.00 Public Outreach:(Include any legal requirements,direct notice, website, community meetings,etc.) Community information meeting held on 04/01/2022 at 5:30 PM in the Sandhill Park. Recommended or Requested Action: Attachments: 1. Sandhill Community Park Estimated Cost Spreadsheet 2. Sandhill Site Drawing Briefing Summary 4/12/2022 4/12/2022 22W5 1 Sandhilll Community Park-Synthetic Turf Field YAF&WWRP Local Parks-Estimate of Probable Costs-RCO Format Una /tam DescriptionSubtotal Eacalatlon to YhWNLtlon t: /frn WEST Mam 2M4 Itarrt re, 2024 � 2024 CoristrueDon f"'lr ouantlfy rrrr coat Ihm subtoW supatv/alan subloW 8.5% srrbfatal Cmting—y Subtotal lox $4.0% 1 AWatic Flalols 2 Synthetic Turf Field 3 4'penreable aggregate base course $ 258,620.95 TON 2,640.00 $ 60.00 S 158,400.00 $ 15.840.00 $ 174.240.00 $ 14,810.40 S 189,050.400 $ 37,810.080 $ 226,860.480 S 31,760.47 4 2'pemeble aggregate top course $ 140,086.35 TON 1,320.00 $ 65.00 $ 85,800.00 $ 8,580.00 $ 94,380.00 $ 8,022.30 $ 102,402.300 $ 20,480.460 $ 122,882.760 S 17,203.59 5 concrete perimeter curb $ 77.145.45 LF 1.350.00 $ 35.00 $ 47,250.00 $ 4,725.00 S 51,975.00 $ 4.417.88 S 56.392.875 $ 11,278.575 $ 67,671.450 $ 9.474.00 6 2.5"synthetic turf $ 655.736.35 SF 94,500.00 $ 4.25 $ 401.625.00 $ 40,162.50 $ 441,787.50 $ 37,551.94 $ 479,33BA38 $ 95,867.888 $ 575,207.325 $ 80,529.03 7 Soccer/FootheIVUnified Lacrosse striping $ 24,490.62 LS 1.00 $ 15,000.00 $ 15,000.00 $ 1,500.00 $ 16,500.00 $ 1,402.50 $ 17.902.500 $ 3,580.500 $ 21,483.000 $ 3,007.62 8 Gravity Block Retaining Wall-4' $ 162,617.72 SF 1,660.00 $ 60.00 $ 99,600.00 $ 9,960.00 $ 109,560.00 $ 9,312.60 $ 118.872.600 $ 23,774.520 $ 142,647.120 $ 19,970.60 9 $ $ - $ - S - $ - $ $ $ $ 10 Subtotal $ 1,313,697.43 11 Rounded $ 1,319,000.00 12 BuOdnys and Structures 13 Construction Anstall Restroom 14 JCXT Vault Toilet $ 138,780.18 LS 1.00 $ 85,000.00 $ 85,000.00 $ 8,500.00 $ 93.500.00 $ 7,947.50 $ 101,447.500 $ 20,289.500 $ 121,737.000 $ 17,043.18 15 Site work allowance $ 24,490.62 LS 1.00 $ 15,000.00 $ 15,000.00 $ 1,500.00 $ 16,500.00 $ 1,402.50 $ 17,902.500 $ 3.580.500 $ 21,483.000 $ 3,007.62 16 $ 17 Subtotal $ 163,270.80 18 Rounded $ 163,D00.00 19 Construct Administrative Building $ 20 $ $ $ - $ $ - $ $ $ $ 21 $ $ $ - $ $ - S $ $ $ 22 S 23 Subtotal S 24 Rounded S 25 Construct Amphitheatre S 26 $ $ $ $ $ $ $ $ 27 $ s $ s $ $ $ $ 28 Subtotal $ 29 Rounded $ 30 Construct Bathhouse $ 31 $ $ - S - $ - $ $ $ $ 32 $ $ - $ $ - $ $ S $ 33 Subtotal $ 34 Rounded $ 35 Construct Caretaker's Residence 38 S S - $ $ - $ $ $ $ 37 Subtotal $ 38 Rounded $ 39 Construct Registration Booth 40 $ $ $ $ $ $ $ $ 41 $ S - $ $ - $ $ $ $ 42 Subtotal $ 43 Rounded S 44 Construct Storage Facil 45 $ $ - $ - S - $ $ $ $ $ - $ - $ - $ $ S $ 47 Subtotal f I $ Robert W.Droll Landscape Architect,PS 1 36DA56-3813 4/12/2022 22005 2 Sandhilll Community Park-Synthetic Turf Field YAF&WWRP Local Parks-Estimate of Probable Costs-RCO Format Fe LL- Item Description subtotal Escalation to Ilhit Ourtdry Lait Coat Itrn Subtotal Supervision Item WSST item 20% Item to p� 2024 crravuction 10% subtotal &5% Subtotal cenwgrury subtotal 14.0% 48 Rounded $ 49 Construct Wanning Htd 50 $ s $ $ $ $ $ $ 51 Subtotal S $ 52 Rounded $ 53 Crnpbp Facdidw 54 $ $ $ - $ $ - $ $ $ $ 55 Subtotal $ 56 Rounded It 57 EgwebNn 58 $ $ - $ - $ $ - $ $ $ $ 59 Subtotal $ 60 Rounded $ 81 I Gwww Site hrprovrnanta 62 Construct Picnic Shelter 63 $ - $ - $ S - $ $ $ $ 64 $ - $ - $ - $ - $ $ $ $ 65 $ $ - $ - $ - $ - $ Is $ $ 66 Subtotal It 67 Rounded $ 68 Create Lake/Pond 69 $ - $ - $ $ - $ $ $ $ 70 Subtotal $ 71 Rounded $ 72 Develop Circulation Paths or Access Routes 73 $ - $ - $ $ - $ $ $ $ 74 S $ - $ $ - $ $ $ $ 75 Subtotal $ 76 Rounded $ 77 Develop Communi Garden $ 78 $ - $ - $ - $ - $ $ $ $ 79 Subtotal $ 80 Rounded $ 81 Develop Yaw int 82 $ - $ - $ - S - $ $ $ $ 83 $ - $ - $ - $ - $ $ $ S 84 Subtotal S 85 Rounded S 86 Habitat Enhancement $ 87 $ - $ - $ - $ - $ $ $ $ 88 k. $ $ - $ - s - $ $ $ $ 89 Subtotal $ 90 Rounded $ 91 Install Fencing/Barriers 92 3'coated CL fence vA top rail $ 20.898.66 LF 400.00 $ 32.00 $ 12,800.00 $ 1.280.00 $ 14,080.00 $ 1,196.80 $ 15,276.800 $ 3,055.360 $ 18.332.160 $ 2,566.50 93 16'coated CL fence v4 top rail $ 68,181.89 LF 870.00 $ 48.00 $ 41,760.00 $ 4,176.00 S 45,936.00 $ 3.904.56 $ 49,940.560 $ 9,968.112 S 59,808.672 $ 8,373.21 94 3'coated CL gates-pedestrian S 5,877.75 EA 3.00 $ 1,200.00 $ 3,600.00 $ 360.00 $ 3.960.00 $ 336.60 $ 4.296.600 $ 859.320 $ 5,155.920 S 721.83 Robert W.Droll Landscape Architect,PS 2 360-456-3813 4/12/2022 22005 3 Sandhilll Community Park-Synthetic Turf Field YAF&WWRP Local Parks-Estimate of Probable Costs-RCO Format MobiBzadw& Esca/adon Line Item Description Subtotal Escalation to L"t Quantity IMt Ctuf ft-Sublo"d Supervision Ilson WSST Item 20% Hawn to 2024 2024 Construction 10% Subtotal 8.5% Subtotal ConOnpncy Subfohd 14.0% 95 6'coated double gates-vehicle $ 3,265.42 EA 1.00 $ 2,000.00 $ 2,000.00 $ 200.00 $ 2.200.00 $ 187.00 $ 2.387.000 $ 477.400 $ 2,864.400 $ 401.02 96 20'errant ball netting 8 posts-801f $ 81.635.40 LF 2.00 $ 25,000.00 $ 50,000.00 $ 5,000.00 $ 55,000.00 $ 4,675.00 $ 59,675.000 $ 11,935.000 $ 71,610.000 $ 10,025.40 97 $ - $ - $ - $ - $ $ $ $ 98 Subtotal $ 179,859.11 99 Rounded $ 180,000.00 100 Install Site Structures 101 $ $ - $ $ - $ $ S $ - 102 is $ $ $ $ $ s $ 103 Subtotal $ 104 Rounded $ 105 Install Lighting General Security) 106 Sorts Field Illumination System $ 653,083.20 LS 1.00 $ 400,000.00 $ 400,000.00 $ 40,000.00 $ 440.000.00 $ 37,400.00 $ 477,400.000 $ 95,480.000 $ 572,880.000 $ 80,203.20 107 Parking Lot Illumination System $ 163,270.60 LS 1.00 $ 100,000.00 $ 100.000.00 $ 10,000-00 $ 110.000.00 $ 9,350.00 $ 119,350.000 $ 23,870.000 $ 143,220.000 $ 20,050.80 108 Subtotal $ 816,364.00 109 Rounded $ 816,000.00 110 Install Pilings ill $ - $ - $ - $ - $ $ Is $ 112 Subtotal $ 113 Rounded $ 114 Install Signs/Kiosks 115 Kiosk $ 13,061.66 LS 1.00 $ 8,000.00 $ 8,000.00 $ 800.00 $ 8,800.00 $ 748.00 $ 9,548.000 $ 1,909.600 $ 11,467.600 $ 1,604.06 116 Re ualto signs $ 1,959.25 LS 1.00 S 1,200.00 $ 1,200.00 $ 120.00 $ 1,320.00 $ 112.20 $ 1,432.200 $ 286.440 $ 1,718.640 $ 240.61 117 Subtotal $ 15,020.91 Ila Rounded $ 15,000.00 119 Install Site Furnishings 120 Benches,bike rack allowance $ 32,654.16 LS 1.00 $ 20,000.00 $ 20,000.00 $ 2,000.00 $ 22,000.00 $ 1,870.D0 $ 23,870.000 $ 4,774.000 $ 28,644.000 $ 4,010.16 121 $ - $ - $ - $ - $ $ $ $ 122 Subtotal $ 32,664.16 123 Rounded $ 33,000.00 124 Landscaping Improvements 125 Topsoil T eA-4" S 168,985.28 CY 1.150,00 $ 90.00 $ 103,500.00 $ 10,350.00 $ 113,850.00 $ 9,677.25 $ 123,527.250 3 24,705.450 $ 148,232.700 $ 20.752.58 128 Seeding $ 19,102.68 SF 78,000.00 $ 0.15 S 11,700.00 $ 1,170.00 $ 12.870.00 3 1.093.95 $ 13.963.950 $ 2,792.790 $ 16,756.740 $ 2,345.94 127 $ $ - S $ - $ $ $ S 128 Subtotal $ 188,087.96 129 Rounded $ 188,000.00 130 Padit wW Roads 131 Parking Develo ment-25,700 sf 132 Crushed Surfacing Base Coume-4%parking lot 5 46.368.91 TON 710.00 S 40.00$ 28,400.00 $ 2,840.00 $ 31.240.00 S 2,655.40 $ 33,895.400 $ 6,779.080 $ 40.674.480 $ 5,694.43 133 Crushed Surfacing Top Course-2"-parkng lot $ 28.980.57 TON 355.00 S 50.00$ 17,750.00 $ 1,775.00 $ 19,525.00 $ 1,659.63 $ 21,184.625 $ 4,236.925 $ 25,421.550 $ 3,559.02 134 HMA Class 12"-2" arkin lot $ 108,738.35 TON 370.00$ 180.00 $ 66,600.00 $ 6,660.00 $ 73,260.00 $ 6,227.10 $ 79,487.100 $ 15,897.420 $ 95,384.520 $ 13,353.83 135 Crushed Surfacin Base Coume4%emer en access-1460 sf $ 4,898.12 TON 50.00$ 60.00 $ 3,000.00 $ 300.00 $ 3,300.00 $ 280.50 $ 3,580.500 $ 716.100 $ 4,296.600 $ 601.52 136 Signing&Striping S 13,061.66 LS 1.00$ 81000.00 $ 8,000.00 3 800.00 $ 8,800.00 $ 748.00 $ 9,548.000 $ 1,909.600 $ 11,457.600 $ 1,604.06 137 Security Gate $ 32.654.16 LS 1.00$ 20,000.00 $ 20,000.00 $ 2,000.00 $ 22,000.00 $ 1,870.00 $ 23,870.000 $ 4,774.000 $ 28,644.000 $ 4,010.16 138 Wheel Stop $ EA -$ 100.00 $ $ - $ $ $ $ $ $ 139 Subtotal $S 1559352.030 9,140 000 141 Road from parking lot-15,600 sf $ 142 Crushed Surfacing Base Course-4" I$ 28,082.581 TON 1 430.001 $ 40.00$ 17,200.00 $ 1,720.00 $ 18.920.00 $ 1,608.20 $ 20,528.200 $ 4,105.640 $ 24,633.940 1$ 3,448,74 Robert W.Droll Landscape Architect,PS 3 360456-3813 4/12/2022 22005 4 Sandhilll Community Park-Synthetic Turf Field YAF&WWRP Local Parks-Estimate of Probable Costs-RCO Format Mobltintian 6 E.wwm Line Item Descrlptlon Subtotal Erstrue on ro Ikdf Oraertly tMt core Ifem Subrohd SupeMam item W.5% �' 10% ' ro 2024 2oz4 comtrvction lox subrottl s.sx subtotal Contingency Subtotal 14.0% 143 Crushed Surfacing Top Course-2" $ 16.735.26 TON 205.00 $ 50.00$ 10,250.00 $ 1,025.00 $ 11,275.00 $ 958.38 $ 12,233.375 $ 2,446.675 $ 14,680.050 $ 2.055.21 144 HMA Class I Q-3"-lparking lot road $ 99,921.73 TON 340.00$ 180.00 $ 61.200.00 $ 6,120.00 $ 67.320.00 $ 5.722.20 $ 73,042.200 $ 14,608.440 $ 87,650.640 $ 12,271.09 145 Security Gate $ 32,654.16 LS 1.00$ 20,000.00 $ 20,000.00 $ 2,000.00 $ 22.000.00 $ 1,870.00 $ 23.870.000 $ 4,774.000 S 28.644.000 $ 4,010.16 146 Signing&Striping $ 4,898.12 LS 1.00$ 3,000.00 $ 3,000.00 $ 300.00 $ 3,300.00 $ 280.50 $ 3,580.500 $ 716.100 $ 4,296.600 $ 601.52 147 Gravity Block Retaining Wall-12' $ 305,642.94 SF 3,120.00 $ 60.00 $ 187,200.00 $ 18,720.00 $ 205,920.00 $ 17,503.20 $ 223,423.200 $ 44,694.640 $ 268,107.840 $ 37,535.10 148 Subtotal $ 487,934.79 149 Rounded $ 488,000.00 150 Play An.. 151 $ $ - $ - $ $ - Is S $ $ 152 Subtotal $ 153 Rounded $ 154 sit.Preparation 155 General Site Preparation 156 Clearing $ 204.088.50 AC 5.00 $ 25,000.00$ 125,000.00 $ 12,500.00 $ 137,500.00 $ 11,687.50 $ 149,187.500 $ 29.837.500 $ 179,025.000 $ 25,063.50 157 Grubbing-6" $ 195,924.96 CY 4,800.00 $ 25.00$ 120.000.00 $ 12,000.00 $ 132,000.00 $ 11.220.00 $ 143,220.000 $ 28,644.000 $ 171,864.000 $ 24,060.96 158 samut asphalt $ 489.81 Is 1.00 $ 300.00$ 300.00 $ 30.00 $ 330.00 $ 28.05 $ 358.050 $ 71.610 $ 429.660 $ 60.15 159 Removal of Structure&Obstruction $ ICY $ -$ $ $ $ $ $ $ $ 160 Stabilized Construction Entrance $ 4,081.77 1.00 $ 2,500.00 $ 2,500,00 $ 250.00 $ 2,750.00 $ 233.75 $ 2,983.750 $ 596.750 $ 3,560.500 $ 501.27 161 Silt Fence $ 5,224.67 800.00 $ 4.00$ 3,200.00 $ 320.00 $ 3,520.00 $ 299.20 $ 3,819.200 $ 763.840 $ 4,583.040 $ 641.63 162 Wattles $ $ -$ $ $ $ $ $ $ $ 163 Straw Mulch S $ -$ $ $ $ $ $ $ $ 164 Temporary Construction Fencing $ 2,938.87 300.00 $ 6.00$ 1,800.00 $ 180.00 $ 1,980.00 $ 168.30 $ 2,148.300 $ 429.660 $ 2,577.960 $ 360.91 165 Excavation,includingoffsite Haul $ 832.681.08 20.400.00 $ 25.00$ 510,000.00 $ 51,000.00 $ 561,000.00 $ 47,685.00 $ 608,685.000 $ 121,737.000 $ 730,422.000 $ 102,259.08 166 Fill lacement&Compaction $ 260,580.20 26,600.00 $ 6.00$ 159,600.00 $ 15,960.00 $ 176,560.00 $ 14,922.60 $ 190,482.600 3 38,096.520 $ 228,579.120 $ 32,001.08 165 Rough grading $ 88,207.05 SF 216,100.00 $ 0.25$ 54,025.00 $ 5,402.50 $ 59,427.50 $ 5,051.34 $ 64,478.838 $ 12,895.768 $ 77,374.605 $ 10.832.44 166 Fine Grading $ 23,266.09 SF 95,000.00 $ 0.15$ 14,250.00 $ 1,425.00 $ 15,675.00 $ 1,332.38 $ 17.007.375 $ 3,401.475 $ 20.408.850 $ 2,857.24 167 Construction Surveying $ 13,061.66 LS 1.00 $ 8,000.00$ 8,000.00 $ 800.00 $ 8,800.00 $ 748.00 $ 9,548.000 $ 1,909.600 $ 11,457.600 $ 1,604.06 168 Trim&Clean-up $ 9,796.25 LS 1.00 $ 6.000.00$ 6,000.00 $ 600.00 $ 6,600.00 $ 561.00 $ 7,161.000 $ 1,432.200 $ 8,593.200 $ 1,203.05 169 Subtotal $ 1,640,340.91 170 Rounded $ 1,640,000.00 171 1 Skating Fodlftiu 172 $ $ - d -$ $ - $ $ $ $ 173 Subtotal $ 174 Rounded $ 175 Special the Ana 176 $ $ - $ - E - $ - a $ $ $ 178 $ $ - $ - $ $ - $ $ $ $ 179 Subtotal $ 180 Rounded $ 181 Sport Court. 182 $ $ $ - $ $ - $ $ $ $ 183 $ $ - $ - $ $ - $ $ $ $ 184 Subtotal $ s - $ - $ - $ - $ - $ - $ - $ 185 Rounded $ Robert W.Droll Landscape Architect,PS 4 360456-3813 4/12/2022 22005 5 Sandhilll Community Park-Synthetic Turf Field YAF&WWRP Local Parks-Estimate of Probable Costs-RCO Format ion Subtotal Escalation to IYabluati°n` Itsm Its",it m 20% Its Eso 2024 Line Item Description LW( Ouandly Unit Cost Yarn,a SubtotalSup—I.F.n Subtotal fo 02/ 2024 Construction 10% Subtotal 1.5% SubbW Contin9rrtcy 14.0% 185 Sport F-tildes 187 $ S - $ - $ $ - S $ - $ $ - 188 $ $ $ - $ S - S $ $ $ 189 Subtotal IF 190 Rounded $ 191 Swimming Faalllties 192 $ S - $ - $ - $ - $ $ - $ $ 193 Subtotal $ 194 Rounded $ 195 Trags 196 1/4"to dust Surfacing for trail and spectator pad-6800 sf $ 26.123.33 TON 200.00 $ 80.00$ 16,000.Do $ 1,600-00 $ 17.600.00 S 1,496.00 $ 19,096.000 $ 3,819.200 $ 22,915.200 $ 3,208.13 197 $ $ $ - $ S - $ - $ - $ $ 198 $ $ $ - $ $ - $ - $ $ $ 199 Subtotal $ 26,123.33 200 Rounded $ 26,0D0.00 201 Wgtia 202 Install Fire Suppression System $ S $ $ Is $ $ - $ $ - 203 $ $ - $ - $ - $ - $ $ Is $ - 204 Subtotal $ $ $ - $ $ $ $ $ S 205 Rounded $ 206 Install Gas Utilities $ $ $ $ $ $ $ - $ $ - 207 $ s $ $ $ $ $ $ $ 208 Subtotal $ 209 Rounded $ 210 Install Power Utilities $ $ $ - $ $ $ - $ - $ - S 211 Power-Transformer $ 24,490.62 LS 1.D0 $ 15,000.00 $ 15.000.00 $ 1.500.00 $ 16,500.00 $ 1.402.50 $ 17.902.500 $ 3,580.500 $ 21,483.DD0 $ 3,007.62 212 Power-2-2'conduit/ower Wre $ 29,388.74 LF 600.00 $ 30.00 $ 18.000.00 $ 1,800.00 $ 19,800.00 $ 1.693.00 $ 21.483.000 $ 4.296.600 $ 25,779.600 $ 3,609.14 213 Subtotal f 63,879.36 214 Rounded $ 54,000.00 215 Install Sewerage Systern $ $ $ - $ $ - $ S $ - $ 216 $ $ - $ - $ - $ - $ - $ - $ - $ 217 $ $ - $ - $ - $ - $ $ $ - $ 218 Subtotal $ 219 Rounded $ 220 Install Stommvater Systarn 221 Stormwater SystemAllowsnce $ 48,981.24 LS 1.00 $ 30,000.00 $ 30.000.D0 $ 3.000.00 $ 33,000.00 $ 2.805.00 S 35.805.000 $ 7,161.000 $ 42,966.000 $ 6,015.24 222 S 223 Subtotal S 48,881.24 224 Rounded IF49,000.00 225 Install Water Systarn 226 $ $ - $ - S - $ - $ $ $ - $ 227 $ $ Is - $ - $ - Is - $ - $ $ 228 Subtotal $ $ 63,000.00 f 6,300.00 S 69,300.00 $ 6,890.501$ 75,190.60 $ 15,038.10 $ 90,228.60 $ 12,632.00 229 Rounded $ 230 Robert W.Droll landscepe Architect,PS 5 360-456-3813 4/12/2022 22005 6 Sandhilll Community Park-Synthetic Turf Field YAF&WWRP Local Parks-Estimate of Probable Costs-RCO Format Subtotal Escala8on to MObl0atlm 6 Item WSST "n lox "W" Fxalatlan U.. Item Descriptionn2024 consOvcdon I1Nt Cuantlry IANt Cost /tm SubfoW SuparN,7on fox Subtotal! Lb% Subtotal Contingency SubtoW 14.tt% 231 $ $ $ - $ $ - $ S $ $ 232 $ $ $ - $ $ - S $ $ $ 233 Subtotal $ 234 Rounded $ 235 Cu/hral sources 236 Cultural Report $ 15,000.00 $ $ - $ $ $ $ $ $ 237 Subtotal $ 15,000.00 $ $ $ $ $ $ $ $ 238 Rounded $ 16,000.00 239 240 Fanatic. 241 Permits Allowance $ 5,000.00 $ $ - $ S $ $ $ $ 242 Subtotal $ 5,000.00 $ - $ S $ $ $ $ $ 243 Rounded $ 6,000.00 244 Archhoctun A 6pimeArrp 245 surveying $ 15,000.00 $ $ - $ $ $ $ $ $ 246 geotech $ 8,000.00 $ $ $ $ $ $ $ $ 247 environmental $ $ $ $ $ S $ $ $ 248 AIE $ 160,000.00 $ $ - $ $ $ $ $ $ 249 Testing $ 8,000.00 $ $ - $ $ $ $ S $ 250 Subtotal $ 191,000.00 251 Rounded $ 191,000.00 252 owneYs Project Cost TOW $ 6,153,000A0 253 YAF Grant $ 350000.00 350,000.00 254 WWRP Grant 500,000.00 255 LWCF Grant 1 000,000.00 256 Donation I Private Funding Goal $ 4,803,000.00 257 Owners Match $ 6,153,000.00 258 YAF Grant $ 350,000.00 259 WWRP Grant $ 500,000.00 260 LWCF Grant 261 Donation I Private Funding Goal$ 262 Owners Match $ 4,303,000.00 Robert W.Droll Landscape Architect,PS 6 360-456-3813 6'CHAIN LINK FENCE I w 325 \ WITH 30'BALL SCREEN I I I 1 1 l 6'CHAIN LINK g 320 1 � FENCE PARKING LOT I / 32b / (60)SPACES / 4'PEDESTRIAN .y,/ (2)ACCESSIBLE SPACES I I / GATESTO, _ \ MWATER INFILTRATIONR ASIN 32 / 15 VAN ACCESSIBLE 1 5 PARKING / 1 £ • 12'GATE EMERGENCY 5 — \ ACCESS / I y ' VEHICLE GATE _ \ � SANDHILL 3 ' TWO STALL ALL GENDER CO PARK, b _VAULT TOILET � RESTROOM \p / • � r P5 \ • \\ \ -- \ \ I 6'CHAIN LINK_ FENCE WITH 30'BALL / _ SCREEN 8'CONCRETE a°s EX.PEDESTRIAN _ GRAVITY BLOCK WALK RETAINING WALL UNDERPASS \ ; / / 2 4'PEDESTRIAN C / \ PARK GR ASS GATE RAILING OR GUARDRAIL ` BOUNDARY WHERE NEEDED J/ / SPECTATOR 1 ASPHALT DRIVE&WALK LED SPORTS AREA STRIPPED OUTSIDE OF PARK / FIELD LIGHTING PEDESTRIAN I BOUNDARY TO BE PAID 3'CHAIN LINK CROSSWALK FOR&INSTALLED BY FENCE MASON COUNTY 24'ASPHALT \ / DRIVE / VEHICLE GATE / I&ASPHALT SANDHILL WALKWAY, EXISTING PARK STRIPPED FOR PARKING LOT SEPARATION EXHIBIT: SITE LAYOUT SCALE. i••=60 Robert W.Droll Landscape Architect,PS SANDHILL RCO GRANT 0 30' 60' 90' 120' 0 360.456.3456.381313 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: John Taylor Department: Parks &Trails Ext: 806 Briefing Date: 04/18/2022 Previous Briefing Dates: 03/14/2022 If this is a follow-up briefing, please provide only new information Item: Cost Estimate for Union Park Revision Project Executive Summary• (If applicable, please include available options and potential solutions): Mason County Parks and Trails is preparing to apply for a Washington State Recreation and Conservation Office (RCO) Grant on May 1, 2022. To assist in funding the project, Mason County is applying for a Washington Wildlife and Recreation Program (WWRP) grant. The project costs estimated by Bob Droll are in the Budget Impact section below. Of course, the figures presented an estimate that Mason County will receive the full potential grant amount. In contrast, the total amount as Mason County's share will increase if the grant awards are less than the maximum, which will increase the match required by the County. Budget Impact• Estimated WWRP Grant: ($500,000.00) Total Estimated Project Cost: $1,849,000.00 Estimated County Cost Share: $1,349,000.00 Public Outreach:(Include any legal requirements,direct notice, website, community meetings, etc.) Community meeting conducted on 04/02/2022 at 1100 AM in the Union Park Recommended or Requested Action: County Commission and Mason County Public understand the total potential cost incurred from this project to Mason County Government. Attachments: 1. Union Park Cost Estimate Spreadsheet 2. Union Park Site Plan Briefing Summary 4/12/2022 4/8/2022 22005 1 Union Community Park WWRP Local Parks-Estimate of Probable Costs-RCO Format Mobl/intlon d Ex Subtobd Escalation to Item WEST it— 20% ban, fo 2024 Line Item Descrlptlan 2024 construction l.Hf quantlry LSdt Cost ttem Subtotal SUPWW-n Sublotd 8.5% Subtotal con*w-y Subtotal 11.0% 1 A1Nedc Fields 2 $ $ $ - $ - $ - $ $ Is S - 3 $ $ $ - $ $ - $ $ - $ - $ - 4 $ $ - $ - $ $ - $ - $ - $ $ 5 Subtotal $ $ 8 Rounded $ $ 7 a-Ww kdF-&-t as _ $ 8 $ $ $ - $ $ - $ $ $ - $ - 9 Subtotal $ $ 10 1 Rounded $ $ 11 Bu0drW and S&—haas _ S 12 Construction/Install Restroom $ 13 PreFab Resboom-Flush $ 146,943.72 LS 1 $ 90,000.00 $ 90.000.00 $ 9,000.00 $ 99,000.00 $ 8,415.00 $ 107,415.000 $ 21.483.000 $ 128,898.000 $ 18,045.72 14 Concrete Slab-2030 a1 $ 22,857.91 SY 100 $ 140.00 3 14.000.00 $ 1,400.00 $ 15.400.00 $ 1,309.00 $ 16.709.000 $ 3,341.800 $ 20,050.800 $ 2,807.11 15 Site work allowance $ 48,981.24 LS 1 $ 30,000.00 $ 30.000.00 $ 3,000.00 $ 33,000.00 $ 2,805.00 $ 35.805.000 S 7,161.000 $ 42,966.000 $ 6,015.24 16 $ $ 17 Subtotal $ 218,782.87 $ 18 Rounded $ 219,000.00 $ 19 Construct Administrative Building $ $ 20 $ $ $ - $ $ - $ $ $ $ - 21 $ s $ $ $ $ $ $ $ 22 $ $ 23 Subtotal S $ 24 Rounded $ $ 25 Construct Amphitheatre_ $ $ S - $ $ - $ - $ $ - $ 28 $ - $ - $ Is - $ - $ $ $ 27 $ - S - $ $ - $ - $ $ $ 28 Subtotal S $ 29 Rounded $ $ 30 Construct Bathhouse $ 31 $ $ - $ $ - $ - $ - $ $ 32 $ - $ - $ - $ - $ Is $ - $ - 33 Subtotal $ $ - 34 Rounded $ $ - 35 Construct Caretakers Residence $ 36 $ - $ - $ - $ - $ $ $ $ - 37 Subtotal $ $ 36 Rounded $ $ 39 Construct Registration Booth $ 40 1 $ - $ - $ - $ - $ - $ _ $ _ $ _ 41 1 $ - $ - $ - $ - $ - $ $ - $ 42 Subtotal $ $ 43 Rounded $ $ 44 Construct Store a Facility $ 45 $ $ - $ - $ - $ $ $ $ 45 is Is - $ $ - $ $ $ - S 47 Subtotal $ $ S Robert W.Droll Landscape Architect,PS 1 360-456-3813 4/8/2022 22005 2 Union Community Park WWRP Local Parks-Estimate of Probable Costs-RCO Format Subtotal Escalation to peMob/limdm t Iten WSST Ran 20% Ihm Fxaratlon Line Item Dsaulptian Il rfl Quantity Lhlf Coal San SubtotalSubtotalSurvision to2024 2024 Conatructlon 10% Sublohl AB% Subtotal ConWrparcy SubbsW 14.0% 48 Rounded $ $ 49 Construct Warming Hut $ 50 $ - $ - $ $ - $ $ $ $ 51 Subtotal $ $ $ 52 Rounded $ $ 53 Camping Fac9itlo $ 54 $ LS $ - $ - $ - $ - $ $ $ $ 55 Subtotal $ $ 56 Rounded $ $ 57 Eques0lan S 58 $ S - $ - Is - $ - $ $ $ $ 59 Subtotal $ $ 60 Rounded $ $ 61 Garver Site Impovamen6 $ 62 Construct Picnic Shelter $ 63 Concrete Pavement $ 62,695.99 SY 320 $ 120.00 $ 38.400.00 $ 3,840.00 $ 42,240.00 $ 3,590.40 $ 45,830.400 $ 9,166.080 $ 54,996.480 $ 7,699.51 64 30r64'Rocky Mt PreFab Shelter-FOB Union $ 228,579.12 LS 1 $ 140,000.00 $ 140,000.00 $ 14,000.D0 $ 154.000.00 $ 13.090.00 $ 167,090.000 $ 33.418.000 $ 200,508.000 $ 28.071.12 65 PreFab Shelter-Installation $ 179,597.88 LS 1 $ 110,000.00 $ 110,000.00 $ 11,000.00 $ 121,000.00 $ 10,285.00 $ 131,285.000 $ 26.257.000 $ 157,542.000 $ 22,055.88 66 Subtotal $ 470,872.99 $ 87 Rounded $ 471,000.00 $ r Create Lake/Pond $ S - S - S - S - $ $ $ S Subtotal $ 471,000.00 $ Rounded $ 471,000.00 $ Develo Circulation Paths or Access Routes $ $ - $ - $ - $ - $ S $ $ $ - $ - $ - S - $ $ $ $ Subtotal $ $ Rounded S $ 77 Develop Community Garden $ 78 $ - $ - $ - $ - $ $ $ $ 79 Subtotal S $ 80 Rounded $ $ 81 Develop Viewpoint $ 82 $ - $ - $ - $ - $ $ $ $ 83 $ - $ - $ - $ - $ S $ $ 84 Subtotal $ $ 85 Rounded $ $ 85 Habitat Enhancement S 87 S - $ - $ $ - $ $ $ $ 88 $ $ - $ $ - $ $ $ $ 89 Subtotal $ $ 90 Rounded $ $ 91 Install Fencing/Barriers S 92 Do Perk-4'wated CL fence 3 gates vd to rail $ 34,286.87 LF 500 $ 42.00 $ 21,000.00 $ 2,100.00 $ 23,100.00 S 1.963.50 $ 25.063.500 $ 5,012.700 $ 30.076.200 $ 4,210.67 83 Post 3 Reil Fencin E 15,674.00 LF 160 $ 60.00 $ 9,600.00 $ 960.00 $ 10,560.00 $ 897.60 $ 11.457.600 $ 2,291.520 $ 13.749.120 $ 1,924.88 94 Subtotal S 49,980.86 S Robert W.Droll Landl ape ArchiteR,PS 2 360-456-3813 4/8/2022 22005 3 Union Community Park WWRP Local Parks-Estimate of Probable Costs-RCO Format ltlobldaatlon 6 Eau/adon Line Item;Description Subtotalbctladon toLhit t7uantlty ("I cost Item Subtotal su evvinion lrun 1V5 It rn 20% Thar to 2024 2oz4 consrruedon 10% subrwl 1.S% srdworr corrwrdrrcy SubaW 14.0% 95 Rounded $ 50,000.00 $ 96 Install Site Stmcluras $ 97 $ - S - $ $ - $ $ $ $ 98 $ - $ - $ $ - $ $ $ $ 99 Subtotal $ $ 100 Rounded $ $ 101 Install Lighting General Security) $ 102 Lighting in Shelter $ 32,654.16 LS 1 $ 20,000.00 $ 20,000.00 $ 2.000.00 $ 22,000.00 $ 1.870.00 $ 23,870.000 $ 4,774,000 $ 28,644.000 $ 4.010.16 103 $ $ - $ $ - $ $ $ $ 104 Subtotal $ 32,654.16 $ 105 Rounded $ 33,000.00 $ 106 Install Pilm s $ 107 $ $ - $ - $ - S $ $ $ 108 Subtotal It $ 109 Rounded It $ 110 Install Si nslKiosks $ 111 1 S LS - $ $ - $ - $ - $ - S $ $ S 112 Information/dlrecional signs $ 8,163.54 LS 1 $ 5,000.00 $ 5,000.00 $ 500.00 $ 5,500.00 $ 467.50 $ 5,967.500 $ 1,193.500 $ 7,161.000 $ 1,002.54 113 Subtotal $ 8,163.64 $ 114 Rounded $ 8,000.00 $ 115 Install Site Furnishings $ 116 Benches,bike racks,seat platforms allowance $ 16,327.08 LS 1 K$ 120.00 $ 10,000.00 $ 1,000.00 $ 11.000.00 S 935.00 $ 11,935.000 $ 2,387.OD0 $ 14,322.000 $ 2,005.08 117 S - $ - $ - $ - $ $ $ $ - 118 Subtotal S 16,327.08 S 119 Rounded $ 16,000.00 $ 120 Land in Im mvements $ 121 TopsoilType A $ 6,530.83 CY 200 $ 4,000.00 $ 400.00 $ 4,400.00 $ 374.00 $ 4,774.000 $ 954.800 $ 5.728.800 $ 802.03 122 Seadn $ 2.449.06 SF 10,000 $ 1,500.00 $ 150.00 $ 1,650.00 $ 140.25 $ 1,790.250 $ 358.050 $ 2,148.300 $ 300.76 123 $ - $ - $ $ - $ $ $ $ - 124 Subtotal $ 8,979.89 $ 125 Rounded $ 9,000.00 $ 126 P&.Mw arrd Rwde $ 127 1 Parking Development $ 128 HMA Class 12-3" arkin lot-37,680 sf $ 26,449.87 TON 90 $ 180.00 $ 16,200.00 $ 1,620.00 $ 17.820.00 $ 1,514.70 $ 19.334.700 $ 3,866.940 $ 23,201.640 $ 3,24823 129 Signing Signirg B Striping $ 1,632.71 LS 1 $ 1.000.00 $ 1,000.00 $ 100.00 $ 1,100.00 $ 93.50 $ 1.193.500 $ 238.700 $ 1,432.200 $ 200.51 130 Wheel Stop $ 1,632.71 EA 10 $ 100.00 $ 1,000.00 $ 100.00 $ 1,100.00 $ 93.50 $ 1.193.500 $ 238.700 $ 1.432200 $ 200.51 131 Subtotal $ 29,716.29 $ 132 Rounded $ 30.000.00 $ 133 Roads/Bridges Development $ $ $ $ $ $ $ f $ 134 $ $ $ - $ - $ - $ $ $ $ - 135 $ $ $ - $ $ - $ $ $ $ - 136 1 Subtotal $ $ 137 Rounded $ $ 138 play Areas $ 139 $ $ $ - S - $ - $ $ $ $ 140 Subtotal $ $ 141 Rounded I Is Robert W.Droll Landscape Architect,PS 3 360456-3813 4/8/2022 22005 4 Union Community Park WWRP Local Parks-Estimate of Probable Costs-RICO Format Mobilization li 6ea/4tlat Subtotal Eacalatlon to Ifant WSST Ita1rt 20% ltarlr Una Item Description 202,4 Conatructlon fhdf Curtly IAYt Coef Merrs SubtoW Sul lsion Subtotal S.5% Subfohd Contingency Subtotal ta2024 10% 14.0% 142 Site Pr w-dm $ 143 General Site Pre ration $ 144 Raab-Demolition $ 24,490.62 LS 1.0 $ 15,000.00$ 15,000.00 $ 1,500.00 $ 16,500.00 $ 1,402.50 $ 17,902.500 $ 3,580.500 $ 21,483.D00 $ 3,007.62 145 Cleadn 8 Grubbin $ 36,735.93 AC 0.5 $ 45,000.00$ 22,500.00 $ 2,250.00 $ 24,750.00 $ 2,103.75 $ 26.853.750 $ 5,370.750 $ 32.224.500 $ 4,511.43 146 Removal of StrucWre 8 Obstruction $ 4'081.77 LS 1 $ 2,500.00$ 2,500.00 $ 250.00 $ 2,750.00 $ 233.75 $ 2.983.750 $ 596.750 $ 3,580,500 $ 501.27 147 Inlet Protection $ 653.08 EA 4 $ 100.00$ 400.00 $ 40.00 $ 440.00 $ 37.40 $ 477.400 $ 95.480 $ 572.880 $ 80.20 148 Stabilized Construction Entrance $ 11,428.96 EA 2 $ 3.500.00$ 7,000.00 $ 700.00 $ 7,700.00 $ 654.50 $ 8,354.500 $ 1,670.900 $ 10,025.400 $ 1,403.56 149 ISM Fence $ 1,306.17 LF 200 $ 4.00$ 800.00 $ 80.00 $ 880.00 $ 74.80 $ 954.800 $ 190.960 $ 1,145.760 $ 160.41 150 Temporary Construction Fencing $ 5,387.94 LF 550 $ 6.00$ 3,300.00 $ 330.00 $ 3,630.00 $ 308.55 $ 3.938.550 $ 787.710 S 4.726260 $ 661.68 151 Excavation,including offsite Haul $ 34,286.87 CY 600 $ 35.00$ 21,000.00 $ 2,100.00 $ 23,100.00 $ 1.963.50 $ 25.063.500 $ 5,012.700 S 30,076200 S 4.210.67 152 Construction Surveying Sumeying $ 6.530.83 LS 1 $ 4,000.00$ 4,000.00 $ 400.00 $ 4.400.00 $ 374.00 $ 4.774.000 $ 954.800 S 5,728.800 S 802.03 153 Geotextile for Separation $ 51,593.57 SY 7,900 $ 4.00$ 31.600.00 $ 3,160.00 $ 34,760.00 $ 2,954.60 $ 37,714.600 $ 7,542.920 $ 45,257.520 $ 6.336.05 154 Crushed Surfacing Base Coume4l- $ 30,041.83 TON 460 $ 40.00$ 18,400.00 $ 1,840.00 $ 20,240.00 $ 1,720.40 $ 21,960.400 $ 4,392.050 $ 26.352.480 $ 3.689.35 155 Crushed Surfacing Top Course-2- $ 18,776.14 TON 230 $ 50.00$ 11,500.00 $ 1.150.00 $ 12,650.00 $ 1,075.25 $ 13,725.250 $ 2,745.050 $ 16,470.300 $ 2.305.84 156 Trim 8 Clean-up $ 5,224.671 LS 1 3 3.200.00$ 3.200.00 $ 320.00 $ 3,520.00 $ 299.20 $ 3,819.200 $ 763.940 $ 4,583.040 $ 641.63 157 Subtotal $ 230,538.37 $ 158 Rounded $ 231,000.00 $ 159 Skating Fsdtlftas $ 160 $ $ - $ -$ $ - $ $ $ $ 161 Subtotal $ $ 182 Rounded S $ 163 1 Spectal We Ana $ 164 $ 165 $ $ $ - $ $ - $ $ $ $ 166 $ $ - $ - $ $ - $ $ $ $ 167 Subtotal $ $ 168 Rounded $ $ 189 Sport Costa is 170 1 $ $ Is - $ $ - $ $ $ $ 171 $ $ $ - $ $ - $ $ $ $ 172 Subtotal $ $ - $ - s - $ $ - $ - $ - $ 173 Rounded $ $ 174 Spat FeeNdn $ 175 $ $ - S - $ $ - $ $ $ $ 176 $ $ - $ - $ $ - $ S $ $ 177 1 $ $ $ - $ $ - $ S $ $ 178 Subtotal $ $ 179 Rounded $ $ 180 Swkm%D Fa Md- $ 181 $ $ - $ - $ - $ - $ $ $ $ IV Subtotal $ $ 183 Rounded $ S I" Traft $ 185 HMA Class 12--2'-Trail 3 26.580.49 TON 74 S 220.00$ 16,280.00 1$ 1,628.00 $ 17,908.00 $ 1.522.18 $ 19,430.180 $ 3,886.036 $ 23,316.216 $ 3,264.27 Robert W.Droll Landscape Architect,PS 4 360-456-3813 5 22005 4/6/2022 Union Community Park WWRP Local Parks-Estimate of Probable Costs-RCO Format Esc floblRzaOm 6 d024 SubtotalEseala6on to Wit Ouarift Wt Coif Iferrr St4ffoul SupMNafm fbto N5% hero Sng S ro20% Um Ram Description 2024 Conslruedon 10% Surofal 1.6 St161oW ConOvley 11.0 [87 Concrete ADA Transition Into PlayArea $ 5,714.48 LS 1 $ 3,500.00$ 3,500.00 $ 350.00 S 3,850.00 S 327.25 $ 4,177.250 $ 835.450 $ 5,012.700 $ 701.78 Subtotal $ 32,2%.96 $ Rounded $ 32,000.00 $ 11f1R0e $ 189 Install Fire Su mssion S tm $ S S - S $ E$Subtotal $ S $ - $Rounded $ S 194 Install Gas UtllRles $ - $ S - $ 195 $ $ $ Subtotal $ E 196 197 Rounded $ $ 198 Install Power Utilities $ $ $ $ $ S S 189 Power-Transformer $ 24.490.62 LS 1 $ 15,000.00 $ 15,000.00 $ 1,500.00 $ 16,500.00 $ 1.402.50 $ 17.902.500 $ 3,580.500 $ 21,483.000 $ 3,007.62 199 Power-2-2'conduiU over vire $ 29,388.74 LF 600 $ 30.00 $ 18,000.00 $ 1,800.00 $ 19.800.00 $ 1,683.00 $ 21,483.000 $ 4,296.600 $ 25,779.600 $ 3.609.14 201 Subtotal $ 63,879.36 $ 202 Rounded $ 64,000.00 $ _ 203 linstall S—ra e Sy—le. $ p $ $ $ - $ $ - $ - $ - $ $ s s $ $ s s s $ Subtotal $ - $ Rounded $ $ E Install Stormwater System Rain Garden $ 19,592.50 SF 3000 $ 4.00 S 12,000.00 $ 1,200.00 $ 13,200.00 $ 1,122.00 $ /4,322.000 $ 2,864.400 $ 17,186.400 $ 2,406.10 a $ 211 Subtotal S 19,692.60 $ 212 Rounded $ 20,000.00 $ 213 Install Water Svstern _ _ - 214 S - E - S - $ - $ - $ S S $ 215 S - $ $ - $ - $ - $ $ - S $ B $ _ $ - $ - S - S - $ - $ - $ - $ 21 _ $ - $ - $ _ $ - $ - $ 21 S - S 7 $ 21 $ ERSubtotal $ $ - $ - $ - $ - f - $ $- i Rounded f f 220Nd,eerAccess $ 221 _ - - 222 $ $ $ $ E S - $ - S - $ - $ - $ $ $ 223 - S $ 224 Subtotal f 225 Rounded $ $ Cd1ud Nrouce $ 226 227 Cultural Report E 15,000.00 $ - $ - $ - $ - $ $ $ f 228 Subtotal $ 16,000.00 f $ - $ - $ $ S $ $ 229 Rounded $ is,000.00 $ S 230 pip $ 231 360-456-3913 Robert W.Droll tand=pe Arddtect,PS 5 |■■ }7;a !� . . . . , !f . |� . . . , . . B§ |� . . . , . . !■ | | | , . . . . . � _ - . . .. . ) � " ! - � kkk kkk ■ § ■ ■ ■ # ! . � � � , a � �; ■ ; ° || } kk k § 8SoS , # k � r ■ § 2 |� § -- -- : - - ® -- 2 i o ; | W, ° ° . � . © 2 - - m k k o | 7 E | § t ui \ e 0 § � \ § ! B55 ® 5m ! ! % % PARK BOUNDARY PROPOSED NEW ADA1110 > m ,��11rr . RAMP AND WALKWAYS z w - T TO EX.PLAY AREA`~ O EX. F,.NI. SHE-TER EX.ENTRY TRELLIS& \ \ PROPOSED NEW MULTI-USE SIGN TO REMAIN,ADD' I \ COMMUNITY SHELTER WITH NEW GRAVEL PATHS �" _' I \ PICKLEBALL COURT STRIPING&NET f EX.WOOD RAIL FENCE PARCEL#3223232600010 PROPOSED BENCH& 76ACRES \ TRASH RECEPTACLE PARCEL#322325203021 1.15 ACRES NEW 6'ASPHALT PATHS - \ '- \ \ ` / 1 TO PROVIDE ADA CONNECTIONS IN PARK' - -- 1 \ \ PROPOSED OFF LEASH DOG \ 1 PARK WITH 4'FENCING PROVIDE 2 ADA STALLS, ON-SITE ASPHALT PAVED i PROPOSED HALF COURT PROVIDE 8 STANDARD BASKETBALL ON NEW Y 1 STALLS,ON-SITE CRUSHED +� I CONCRETE COURT ROCK SURFACING PROPOSED CRUSHED Co _ \ \ \ ROCK PATH&NEW RAIL C - J — _ S1DE YARD SETBACK \ FENCE : \ TIE INTO EX.SEPTIC SYSTEM \ 0 PROPOSED NEW PROPOSED HALF COURT IL PRE-FAB RESTROOM BASKETBALL ON NEW \ LLI (2 SINGLE USE STALLS) CONCRETE COURT EXHIBIT.- Proposed Park Improvements -Option A (Head-in Parking) SCALE: 1"=40' Robert W.Droll Landscape Architect,PS Union Community Park, RCO Grant 0 20' 40' 60' 80' March360456.3813 Fund 351 REET 2 3 Year Actuals and 10 Year Projections 2%Revenue Growth Rate Actual Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected REET 2 Revenue by year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BEG FUND RESERVED 2,391,969 2,824,709 2,747,286 3,430,432 4,268,601 4,648,736 4,967,336 5,325,145 5,722,924 6,561,448 8,241,506 9,963,903 11,729,457 13,539,006 15,393,398 BEG FUND-BELFAIR DEBT 400,000 800,000 1,200,000 1,600,000 2,000,000 2,400,000 2,800,000 2,800,000 2,052,544 1,302,420 699,982 447,303 320,570 SECOND QUART PERCENT EXCISE TX 1,263,762 1,599,034 2,137,199 2,000,000 2,040,000 2,080,800 2,122,416 2,164,864 2,208,162 2,252,325 2,297,371 2,343,319 2,390,185 2,437,989 2,486,749 INT&OTHR EARNINGS INV INT 57,487 21,373 3,632 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 PASS THRU GRANTS 188,957 61,043 PARKS GRANTS 262,631 174,852 150,148 Total Resources: 3,975,849 4,808,925 5,499,308 6,235,432 7,513,601 8,334,536 9,094,752 9,895,009 10,736,086 11,618,773 12,596,422 13,614,641 14,824,624 16,429,297 18,205,717 REET 2 Expenditures by year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 END FUND RESTRICTED 2,824,709 2,747,286 3,430,432 4,268,601 4,648,736 4,967,336 5,325,145 5,722,924 6,561,448 8,241,506 9,963,903 11,729,457 13,539,006 15,393,398 17,293,503 END FUND-BELFAIR DEBT 400,000 8D0,0D0 1,200,000 1,600,000 2,000,000 2,400,000 2,800,000 2,800,000 2,052,544 1,302,420 699,982 447,303 320,570 310,613 STATE AUDITOR CHARGES 1,996 3,488 2,785 4,126 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 INTERNAL ALLOCATION 22,861 7,057 7,605 12,108 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 PASS THRU GRANTS 188,957 61,043 REET 2 CAPITAL PRJS WAGES&BENEFITS 44,309 28,166 24,787 75,597 77,865 80,201 82,607 85,085 87,638 90,267 92,975 95,764 98,637 101,596 104,644 REPAIRS&MAINTENANCE/MISC 23,227 32,877 16,419 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 OTHER CAPITAL IMPROVEMENTS 58,747 541,095 135,342 150,000 150,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 PARKS CAP EQUIPMENT 110,894 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 TRANSFER OUT:RUSTLEWOOD 200,000 60,000 110,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 TRANSFER OUT:BELFAIR WW 800,000 800,000 800,000 300,000 800,000 800,000 800,000 800,000 800,000 747,456 750,124 602,439 252,679 126,733 9,956 Total Uses: 3,975,849 4,808,925 5,499,308 6,235,432 7,513,601 8,334,536 9,094,752 9,895,009 10,736,086 11,618,773 12,596,422 13,614,641 14,824,624 16,429,297 18,205,717 Difference - - - - - - - - - - - - - - Changes from Belfair Sewer Public Hearing presentation: 1.Increased Revenue projection in 2022 from$1,500,000 to$2,000,000 2.Future year revenue projections also increased by$500,000 plus 2%per year 3.Reduced the transfer out to Belfair Sewer from$800,000 to$300,000 due to a Dept of Commerce grant to Belfair for debt relief in 2022 4.Reduced'Other Capital Improvements'from$1M to$150k in 2022&$250k to$150k in 2023 Fund 351 REET 2 3 Year Actuals and 10 Year Projections 2%Revenue Growth Rate Actual Actual Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected REET 2 Revenue by year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BEG FUND RESERVED 2,391,969 2,824,709 2,747,286 3,430,432 3,968,601 4,042,736 4,049,216 4,088,662 4,161,712 4,669,012 6,011,221 7,389,012 8,803,069 10,254,089 11,742,784 BEG FUND-BELFAIR DEBT 400,D00 800,000 1,200,000 1,600,000 2,000,000 2,400,000 2,800,000 2,800,000 2,052,544 1,302,420 699,982 447,303 320,570 SECOND QUART PERCENT EXCISE TX 1,263,762 1,599,034 2,137,199 1,700,000 1,734,000 1,768,680 1,804,054 1,840,135 1,876,937 1,914,476 1,952,766 1,991,821 2,031,657 2,072,291 2,113,736 INT&OTHR EARNINGS INV INT 57,487 21,373 3,632 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 PASS THRU GRANTS 188,957 61,043 PARKS GRANTS 262,631 174,852 150,148 Total Resources: 3,975,849 4,808,925 5,499,308 5,935,432 6,907,601 7,416,416 7,858,269 8,333,797 8,843,649 9,388,488 10,021,531 10,688,253 11,539,708 12,778,683 14,182,090 REET 2 Expenditures by year 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 END FUND RESTRICTED 2,824,709 2,747,286 3,430,432 3,968,601 4,042,736 4,049,216 4,088,662 4,161,712 4,669,012 6,011,221 7,389,012 8,803,069 10,254,089 11,742,784 13,269,876 END FUND-BELFAIR DEBT 400,000 800,000 1,200,000 1,600,000 2,000,000 2,400,000 2,800,000 2,800,000 2,052,544 1,302,420 699,982 447,303 320,570 310,613 STATE AUDITOR CHARGES 1,996 3,488 2,785 4,126 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 INTERNAL ALLOCATION 22,861 7,057 7,605 12,108 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 PASS THRU GRANTS 188,957 61,043 REET 2 CAPITAL PRJS WAGES&BENEFITS 44,309 28,166 24,787 75,597 77,865 80,201 82,607 85,085 87,638 90,267 92,975 95,764 98,637 101,596 104,644 REPAIRS&MAINTENANCE/MISC 23,227 32,877 16,419 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 OTHER CAPITAL IMPROVEMENTS 58,747 541,095 135,342 150,000 150,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 250,000 PARKS CAP EQUIPMENT 110,894 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 TRANSFER OUT:RUSTLEWOOD 200,000 60,000 110,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 75,000 TRANSFER OUT:BELFAIR WW 800,000 800,000 800,000 300,000 800,000 800,000 800,000 800,000 800,000 747,456 750,124 602,439 252,679 126,733 9,956 Total Uses: 3,975,849 4,808,925 5,499,308 5,935,432 6,907,601 7,416,416 7,858,269 8,333,797 8,843,649 9,388,488 10,021,531 10,688,253 11,539,708 12,778,683 14,182,090 Difference - - - - - - - - - - - - - - Changes from Belfair Sewer Public Hearing presentation: 1.Increased Revenue projection in 2022 from$1,500,000 to$1,700,000 2.Future year revenue projections also increased by$200,000 plus 2%per year 3.Reduced the transfer out to Belfair Sewer from$800,000 to$300,000 due to a Dept of Commerce grant to Belfair for debt relief in 2022 4.Reduced'Other Capital Improvements'from$1M to$150k in 2022&$250kto$150k in 2023 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Todd Cannon DEPARTMENT: Information Technology EXT: 501 BRIEFING DATE: 04-18-2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: INTERLOCAL AGREEMENT— PUD 3 INTERNET REDUNDANCY PROGRAM EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): PUD 3 presented Mason County with the option of providing a backup internet connection to both our downtown campus as well as our public works location. By implementing these redundant connections, the county would not only have a secondary means to access the internet in the event of a failure, it would also allow I.T. to optimize some network traffic flow and reduce loads on critical links. BUDGET IMPACT: $5400 — Five-year term with PUD $1500 —Yearly Firewall Licensing PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) None at this time RECOMMENDED OR REQUESTED ACTION: Enter into the Interlocal Agreement with PUD 3 to provide internet redundancy. ATTACHMENTS: DRAFT - Interlocal Agreement Internet Redundancy Program, prepared by PUD 3 Briefing Summary 4/13/2022 INTERLOCAL AGREEMENT INTERNET REDUNDANCY PROGRAM This is an Interlocal Agreement (Agreement), dated this day of 2022,by and between the MASON COUNTY, a Washington municipal corporation(COUNTY) and PUBLIC UTILITY DISTRICT NO. 3 of MASON COUNTY, a Washington municipal corporation (PUD 3), and collectively referred to as the "Parties". In consideration of the mutual covenants and conditions hereinafter provided,pursuant to the Interlocal Cooperation Act,Chapter 39.34 RCW, it is agreed as follows: RECITALS: ed d& WHEREAS, PUD 3 operates a fiber optic network pursuant to RCW 54.16.330. WHEREAS, COUNTY hosts the Emergency Operations Center at its Public Works Facility, and other critical systems and services at its Downtown Shelton Campus, which rely on stable and reliable telecommunications network connections for efficient operations. WHEREAS COUNTY finds it imperative for business continuity to secure acable- diverse, geo-diverse, acid network-diverse route for its internet traffic. PUD 3's fiber network extends from COUNTY locations to PUD 3 collocation facilities; where it takes three separate high-capacity geo-diverse paths out of Mason County, in partnership with NoaNet,to multiple internet data centers in the region, including Seattle, Portland, and Spokane. This fiber path and network are separate and unique from the COUNTY's primary internet provider. WHEREAS, PUD 3 has available a portion of its telecommunications facilities, including facilities installed at COUNTY locations, and COUNTY desires to utilize such facilities. WHEREAS, PUD 3 is not a rovidin , or attempting to provide, or 'g p g p replace COUNTY s primary retail internet service. Now, therefore it is agreed between PUD 3 and COUNTY as follows: 1. PUD 3 will upgrade, operate, and maintain fiber optic facilities and networking equipment at these designated COUNTY Locations: a. Mason County Downtown Shelton Campus 411 N 5t` Street,BLDG 1 Shelton, WA 98584 Page 1 of 7 b. Mason County Public Works&Emergency Operations Center 100 W Public Works Drive Shelton, WA 98584 2. PUD 3 will provide a designated gigabit ethernet port on a dedicated VLAN at each of the above locations for COUNTY to access the internet. PUD 3 will work with COUNTY networking staff to support configuration of the circuit. Al 3. The PUD 3 networking device must be plugged into a maintained and'rnonitored Universal Power Supply(UPS)on-site.If no UPS is available,PUD 3 wil provide one for$10/month to COUNTY for the duration of this agreement. A UPS is required. 4. PUD 3 does not guarantee uninterrupted service on these circuits. However, PUD 3 will provide 24/7/365 device monitoring and respond to disruptions in service on designated devices in a timely manner. 5. COUNTY will be able to utilize PUD 3's network for connectivity in ce cases at its discretion, such as if its primary internet provider were to lose service connectivity to its Location(s). 6. COUNTY will pay PUD 3 $2,700 total for five-year term for each location above($5,400 total for two Locations),billable on the first of the month following both Parties executing this agreement. 7. COUNTY will pay PUD 3 for bandwidth utilization monthly,based on usage for the billing period, if any. PUD 3 will use the 95h Percentile Billing Method as described in PUD 3 Telecommunications Service Rules&Regulations. The rate will be $1.25/Mbps. 8. COUNTY shall pay all fees due for services according to the prices and terms listed herein and/ ! Telecommunications Service Rules and Regulations. 9. CO°' TY shal de its own equipment and professional services to configure,operate, m , tain,repair, eplace its internal communications network(s). The COUNTY shall be`" lusively res ible for the operation of its network, systems, and equipment. 10. PUD all be a ively responsible for the operation, maintenance, and repairs of its networ p ,fiber cable,and other outside plant equipment along its segments. 11. If CO ould like to utilize this service at additional locations, all terms in this Agreement will apply and an additional Location amendment will be drafted and signed by both parties. Additional locations may require a line extension of PUD 3's fiber network,which will be reviewed and agreed upon by Parties prior to construction. 12. The initial term shall be five (5) years from the date of this Agreement. This Agreement will automatically renew at the same rates and terms for additional five (5) year terms, unless terminated in writing by either Party. Page 2 of 7 13. Either Parry shall have the right to terminate this agreement in the event the other party breaches this agreement, upon written notification specifying the breach in reasonable detail,and the breaching parry fails to cure its breach within 30 days after delivery of notice of breach. Damages and/or refund payment are strictly limited to a pro-rated monthly amount of services not rendered. 14.Neither party shall have the right to transfer or assign rights to a third parry for the purpose of selling, promoting, operating telecommunications connections without the consent of both parties. 15. Parties represent and warrant that they will use this service in compliance with this Agreement and all applicable government codes, or ' ces, laws, rules, and regulations as may now or in the future exist. 16. Parties shall cooperate with in complying any req ' ents of any governmental authority, applicable to its respective rights an ligatio reunder. 17. Parties shall promptly notify the designated repres es of any matters pertaining to, or the occurrence(or impending occurrence)of,any ev f which it is aware that could give rise to any damage or impending damage to the Netw 18. PUD 3 will maintain a 24/7 Network Operations Ce (NOC) for the purpose of monitoring and repo ' ce and network disruption and coordination and repair of its fiber network. 19. At any time PUD3 determines that an alteration, repair, or inspection is needed, PUD 3 will notify the COUNTY in advance and abide by any changes in scheduling that may be required by the Parties. The Parties will coordinate and schedule resources necessary for maintenance, testing, or repairs as required to maintain reliable and continuous services. Parties may be required to provide a representative to be present, at their cost, during such activities. 20. Any scheduled or routine ac ivities or maintenance shall be performed in accordance with standard industry practices. Intrusive maintenance (maintenance that requires service downtime or potential service downtime) will be performed Monday — Thursday, during the hours of 1:00 am and 5:00 am. Scheduling Parry will notify other Party in writing at least TEN(10)business days prior to commencing any such scheduled maintenance. 21. At times, emergencies occur that require immediate restoration to a damaged fiber facility or equipment that has malfunctioned. This restoration work should be performed as soon as reasonably practicable. Any unscheduled maintenance work shall be reported to COUNTY. Parties shall perform all network maintenance functions to ensure the service per this Agreement meet a TWENTY-FOUR(24)hour per day, SEVEN(7)days per week functional requirement. Parties will make all reasonable efforts to schedule emergency Page 3 of 7 maintenance during off-peak hours as described herein and at such a date and time that will provide COUNTY reasonable notice. 22. Except as set forth in this agreement, PUD 3 makes no warranty or representation, express or implied, with respect to any matter whatsoever, including, without limitation, the facilities or the capabilities, characteristics, availability of use thereof, or any maintenance services performed by PUD 3 or its agents in connection therewith. PUD 3 specifically disclaims, and COUNTY hereby waives, any implied warranty of merchantability or fitness for a particular purpose, and any warranty arising from usage of trade or course of dealing. 23. PUD 3 shall indemnify, defend and hold harmless COUNTY from and against all liabilities, penalties, costs, losses, damages, expenseg&auses of action, claims, demands or judgments including, without limitation, reaso ttorney's fees, arising out of or in any way connected with COUNTY,its agents', yees' or officers'performance under this Agreement, except to the extent that su age or ' is caused by or the result of COUNTY's negligence or intentional misc ct. COUNTY shall indemnify, defend and hold h s PUD 3 from and against all liabilities, penalties, costs, losses, damages, expens auses of action, claims, demands or judgments including, without limitation, reasonabl rney's fees, arising out of or.in any way connected with PUD 3, its agents', employee officers' performance under this Agreement, except to the extent that such damage or ury is caused by or the result of the PUD 3's negli tentional misconduct. 24. COUNTY recognizes that usem'of PUD 3's system shall be at its own risk, and therefore, expressly assumes any risk a sing from the exercise of any rights,privileges,or obligations identified herein: 25. All performance under this Agreement-and any use by either Party of the other Party's facilities shall comply in all respects with all applicable state, federal and local law and regulation, including without limitation RCW 54.16.330. 26. The relationship between PUD 3 and COUNTY is that of independent contractors and nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between PUD 3 and COUNTY. Pursuant to RCW 39.34.040, following execution,this Agreement will be listed by subject on the websites respectively of the COUNTY and PUD 3. 27. In the event that either party become subject to,in whole or in part,one or more provisions of any state or federal tariff,then in the event of any conflict between any provision of this Agreement and any provision of such tariff, to the extent that such tariff provision creates a conflict required by law, regulation or any order of a court or governmental agency, the provision of such tariff shall control. This Agreement shall also be subject to such modifications as may be required or authorized by any regulatory agency in the exercise of its lawful jurisdiction. Page 4 of 7 28. In the event that a Party's performance is delayed, prevented, obstructed, or inhibited because of any Act of God,fire, casualty, delay or disruption in transportation,flood,war, strike, lockout, epidemic, destruction or shut-down of production facilities, shortage or curtailment,riot,insurrection, governmental acts or directives,any full or partial failure of any telecommunications or computer network, or any other cause beyond the reasonable control of a party, including financial requirements or manufacturing limitations imposed by third-party manufacturers, suppliers, or vendors, such party's ormance shall be excused and the time for the performance shall be extended f period of delay or inability to perform resulting from such occurrence. The occ ___ a of such an event shall not constitute grounds for a declaration of default under tlu : e„, ent. 29.Neither party shall assign, sublease, transfer or convey (i) his Agreement or any interest therein. 30. Any notice required or permitted to be given under this Agreement shall be effective upon receipt and shall be sufficient if in writing and sent by certified mail,postage prepaid,return receipt requested, to the parties at the addresses shown below, or at such other addresses as may in the future be advised: PUD 3: COUNTY: Mason PUD 3 %lason County 2621 E. Johns Prairie Road 411 N 51h Street Shelton, WA 98584 Shelton, WA 98584 Attn: General Manager Attn: County Administrator 31. The rights, obligations and remedies of th 'es as specified under this Agreement shall be interpreted and governed in all respect by the laws of the state of Washington. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in"'any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 32. If any suit or action is instituted or prosecuted to interpret or enforce any provision of this Agreement, the prevailing party in such suit or action shall be entitled to recover from the other party costs''expenses and reasonable attorney fees incurred by such prevailing party in connection-x ith such suit or action,in addition to all other sums allowed by law(subject to the limitations herein),both at trial and on appeal. 33. This Agreement may not be changed orally,but only by an agreement in writing signed by PUD 3 and COUNTY. Any waiver of any term or condition of this Agreement shall not operate as a waiver of any other such term or condition or as any continuing waiver, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision hereof. Page 5 of 7 34. This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original,and such counterparts shall together constitute but one and the same instrument. The Section headings contained in this Agreement are for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. Words used in this Agreement, regardless of the number and gender specifically, shall be deemed and construed to include any other number, singular or plural, and any other gender,masculine,feminine or neuter,as the context requires. Any reference to a"person" in this Agreement shall include an individual,firm,corporation,limited liability company, partnership,limited partnership,limited liability partnership,trust,governmental authority or body, association,unincorporated organizational or any other entity. 35. This Agreement, constitutes the entire agreement een PUD 3 and COUNTY. It supersedes all prior and contemporaneous comm ons,representations or agreements whether oral or written with respect to the subj tter thereof and has been induced by no representations, statements or agreeme they than ose herein expressed. No agreement hereafter made between the parts all b ing on either party unless reduced to writing and signed by the party sou b d thereby. 36. The venue of any litigation between the parties re to this Agreement shall be the Superior Court of Mason County, Washington. 37. This Agreement shall be binding on the parties and to anysubsequent owners, successors and assigns. Page 6of7 38.IN WITNESS WHEREOF, PUD 3 and GHPUD have executed this Agreement as of the date first written above. PUBLIC UTILITY DISTRICT NO. 3 MASON COUNTY: OF MASON COUNTY: By: By: Annette Creekpaum, General Manager -a k i y s;4 2 u5' Page 7 of 7 MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Jennifer Beierle Department: Support Services Ext: Briefing Date: 04/18/2022 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain Item: American Rescue Plan Act (ARPA) of 2021 review including $100,000 Port of Allyn Water Company Request. Executive Summary: (If applicable, please include available options and potential solutions) On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (HR 1319). Mason County will receive a total of$12,949,242 in grant funding. The US Treasury continues to update guidelines and compliance requirements. Addendums are required for each of the subrecipient agreements in place to address the updates guidelines for enforcement of Tile VI, Civil Rights Act of 1964. Budget Impact: None Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) Recommended/Requested Action: Review request for $100,000 to Port of Allyn Water Company for new well construction Attachments: ARPA Spreadsheet Request letters from the Port of Allyn Port Of Allyn Port Commissioners: April 6, 2022 Ted Jackson Mr. Mark Neary Mason County Administrator Judy Scott 411 N 5th St John A. Sheridan Shelton WA 98584 Lary Coppola Dear Mr. Neary, Executive Director LeAnn Dennis Please accept this letter as an updated CEDS request as outlined in my letter to you of Operations Manager February 24, 2022. The Port of Allyn's original request to be included in the distribution of the federal ARPA Port Facilities: funds the County is tasked with dispersing was for$500,000,to be used for the construction of a new well for the Port of Allyn Water Company. The Dock at Allyn However, the Port did receive $400,000 in the State Capital Budget for this project. The Allyn Therefore, I am pleased to be able to reduce our original request from $500,000 to Boat Launch $100,000. This will allow us to complete this important project while potentially releasing The North funds for other community projects meant to be funded with ARPA dollars. Shore Marina Finally, there's one other issue that needs to be addressed: Last year, an individual filed The North Shore a lawsuit against the Port claiming it is in the water business illegally, and that there were Boat Launch violations of the Open Public Meetings Act and the Public Records Act. The Allyn These claims had no merit whatsoever and subsequently, the water system issue Waterfront Park portion of the lawsuit had since been withdrawn by the Plaintiff. It also appears the the The Allyn Kayak Port will prevail on the other issues and will move for Summary Judgement and Dismissal Park and Launch of the entire lawsuit later this month. With all this in mind, the Port is hopeful that the County Commissioners will understand the urgency of our request and vote for approval The Port of Allyn of our revised request. Water Company On behalf of the Port of Allyn Commissioners, let me express the Port's appreciation for your consideration in this matter. 18560 E State Route 3 /J PO Box 1 Sincerely, Allyn,WA 98524 360-275-2430 info@portofallyn.com www.portofallyn.com Lary Coppo a, xecutive Director Port of Allyn CC: Port of Allyn Commissioners Jennifer Baria 7, Port Of Allyn Port Commissioners: February 24, 2022 Ted Jackson Mr. Mark Neary Mason County Administrator Judy Scott 411 N 5th St John A. Sheridan Shelton WA 98584 Lary Coppola Dear Mr. Neary, Executive Director LeAnn Dennis Please accept this letter as the Port of Allyn's formal request to be included in the Operations Manager distribution of the federal ARPA funds the County is tasked with dispersing. The total amount of our request is $500,000. This money will be used for the construction of a new well for the Port of Allyn Water Company. I have included a copy of the CEDS request form Port Facilities: we submitted last year as a part of this process. The Dock at Allyn As you may know, the Port's water company is the designated water provider for the entire Allyn UGA not currently served by another provider. What you may not know is the The Allyn Port is under a mandate from the State Department of Ecology to drill a new well and have Boat Launch it online by March 1, 2024, which is partially why this request is so urgent. The North Shore Marina Creating additional urgency is the fact the system is currently licensed for 132 connections. A year ago, the system serviced only 29 connections. However, due to the The North Shore significant amount of construction activity in the Port's service area, we will run out of Boat Launch connections sometime this year. If that happens, it will have a negative impact on County revenues by virtue of the fact no additional property tax revenue will be able to be generated The Allyn as a result of commercial and residential construction. Also, no local sales tax revenue will Waterfront Park be generated by either new construction or new businesses drawn to the area because of The Allyn Kayak its growth. That's because construction will come to a halt due to the unavailability of water Park and Launch and/or suppliers to provide it. There will also be no sales tax revenue generated by new businesses, from paychecks spent by their employees, or from purchases of furnishings The Port of Allyn and other products for homes which won't be built unless water becomes available. Water Company This is a "shovel-ready" project—and exactly the type of local infrastructure project that ARPA funds are intended for. The Port has funded the design work, which has been 18560 E State Route 3 completed; State permits have been approved; and the site for the new well is on land that PO Box 1 the Port already owns. The only hold up now is funding. Allyn,WA 98524 The Port has applied for a grant of $400,000 from the State's Supplemental Capital 360-275-2430 Budget, and it has been included in the House version — but not the Senate version. We info@portofallyn.com are hopeful that when the Legislature reconciles both budgets it will be funded, but there www.portofallyn.com are no guarantees. Also, $400,000 isn't enough to complete the project. However, if the project is included in the Final Budget, we will reduce this request by the amount funded so the County can use that money for other projects. Finally, there's one other issue that needs to be addressed: Last year, an individual filed a lawsuit against the Port claiming it is in the water business illegally, and that there were violations of the Open Public Meetings Act and the Public Records Act. These claims had no merit whatsoever. Subsequently, the water system issue portion of the lawsuit has since been withdrawn by the Plaintiff. It also appears the other two issues will either be withdrawn as well, or the Port will prevail in the very near future because our attorneys are extremely confident the Plaintiff cannot and will not be able to meet the required burden of proof. With all this in mind, the Port is hopeful that the County Commissioners will understand the urgency of this request, as well as the potential negative ramifications for the County, and vote for approval. If the Commission does so, our goal is to have the new well —which will be large and deep enough to service the anticipated full build-out growth of the entire Allyn UGA over the next 20+ years—online and operating before the end of this year. I will be happy to appear at a Commission meeting and answer any and all questions you may have about this project. On behalf of the Port of Allyn Commissioners, let me express the Port's appreciation for your consideration in this matter. Sincerely, G Lary Coppola, ecutive Director Port of Allyn CC: Port of Allyn Commissioners Jennifer Baria Mason County ARPA Prioritization List of Projects Review 4/4/2022 Balance Obligated by Remaining of ARPA Category Mason county Project Name District Confirmed Requests BOCC Approved Contract Expended Approved Amt A Support Public Health Response/Negative Economic Impacts PUD 1 Customer Arrearages due to COVID 2 125,000 125,000 125,000 12,734 112,266 Reallocate from PUD Arrearages to HCC Eldon Fiber Buildout 2 (100,000) (100,000) (100,000) (500,000) HCC Customer Arrearages due to COVID 2 110,000 110,000 110,000 22,445 87,555 Mason County Treasurer Property Tax Reim-individual households All 125,000 125,000 125,000 89,203 35,797 Mason County Treasurer Property Tax Reim-small businesses All 75,000 75,000 24,635 50,365 EDC Small Business Grants All 500,000 500,000 500,000 475,000 25,000 Crossroads Housing for Assistance to Homeless Veterans All 10,000 10,000 10,000 10,000 Housing Authority of Mason County Rent Arrearages All 2/1o/z2 Frank Amer 123,545 - The Arc of the Peninsulas All 4/s/2o22 au.1- 35000 A Support Public Health Response/Negative Economic Impacts Subtotal 1,003,545 845,000 770,000 624,017 220983 B Premium pay for Essential Workers Sienine Bonus for Corrections Deputies-up to$301,approved All Fvndi n..wnxer2/1 74,266 B Premium pay for Essential Workers Subtotal 74,266 C Replace Public Sector Revenue Loss Up for government services up to$10 Million MCSO Body Cameras All 702,365 702,365 702,365 - MC50 Body Camera install All 40,000 40,000 25,790 14,211 PUD 3 Belfair Substation 1 1,500,000 1,500,000 1,500,000 Public Records Software GovOA All 2/15/zo22 u.n. 22,700 22,700 17,783 4,917 DCD Records Archival Image All 2111/22 xeia 500,000 - Prosecutors Office 2nd floor expansion(Originally 700,000) All 211a/M2 x0tV F 75,000 - MC502nd floor expansion All 2/13/200 HOLD WlyF 800,000 - Ballot sorter machine B of A Bldg All HOLD2/10/22 1,200000 C Replace Public Sector Revenue Loss Subtotal 4,940,065 2,265,065 745,938 1,519,127 D Water,Sewer,and Broadband Infrastructure PUD 1 Agate Beach Water System Mainline 3 559,000 559,000 559,000 559,000 PUD 1 Vuecrest Storage Upgrade 2 158,284 158,284 158,284 111,645 46,639 CEDS Belfair Water New Well for Commercial Core UGA 1 450,000 450,000 450,000 450,000 HCC Colony Surf Fiber Buildout 2 313,556 313,556 313,556 313,556 HCC Eldon Fiber Buildout 2 501,932 501,932 501,932 501,932 Realloute from PUD#1 Customer Arrearages to HCC Eldon Fiber Buildout 100,000 100,000 100,000 100,000 Mason County IT Infrastructure Backbone/Storage upgrade All 136,261 136,261 136,098 163 PW Rustlewood Water Well&Reservoir Electrical Control System 1 2/17/22-rd Dr.: 200,000 200,000 200,000 PW Beards Cove AC Mainline Replacement 1 2/17/22 uchard D rn 100,000 100,000 100,000 PW Belfair PS#1 Improvement Project 1 2/17/22 w.bard 0 rn 150,000 150,000 150,000 PW Belfair PS#3 Improvement Project 1 2/17/22 Mmard Drm 180,ODO 180,OD0 180,000 PW Lakeland Pump Station 1 V17122 ffl-dO Y. 42,000 42,000 42,000 EDC Water line from 101 to Prison 2 2/23122 EX re 1,000,000 - Belfair Water Backup Generators 1 2/23/22 oaia Webb res 197,000 - EDC Sewer line extension from High School to Basin 3 2/23/22 EX 2,500,000 EDC Wallace Kneeland Substation 3 2/23/22 Ex r.. 3,200,000 - PUD 3 Rural Broadband Cloquallum Community 2 Hdd-Mark 2/10/22 500,000 Shelton Gateway 3 Mark(QW)2/10/22 250,000 - PW 70 Grinder Pumps All 2/23/221u.hardr.. 151,273 Mason County Courts Building 10 All ro.z/10/22 750,000 - Port Of Allyn Water Company 1 1..4/s/2o22 Mark H 100,000 D Water,Sewer,and Broadband Infrastructure Subtotal 11539 306 1 2,891,033 1 2,082,772 247,743 2,643,290 E Administration Washington State Association of Counties 2022 Dues All 4,000 4,000 4,000 - Tem Coun Staff to address COVID All 250000 92078 151922 7920 84158 E Administration Subtotal 254000 96078 157,922 11920 84158 Grand Total 17,711 182 6,097,176 3,010,694 1,629,618 1 4.467 558 Total APRA Funds Available 12,949,242 Total ARPA Funds Received in 2021-First Round 6,494,451 Total ARPA Funds Expected in 2022-Second Round 6,484,451 Total ARPA Funds Available for BOCC Approval in 2021&2022 6,615,615 Approved by BOCC during Board Briefings-w/b on upcoming Action Agendas-Included in BOCC Approved Amts 256,273 Completed projects with unexpeneded ARPA funds returned 163 Total ARPA Funds Available for BOCC Approval In 2021 131,165 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mark Neary, County Administrator DEPARTMENT: On Behalf of Public Works EXT: 747 BRIEFING DATE: April 18, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: 2022 Take Home Vehicle assignment approval by Board of County Commissioners for the following individual in the position of Road Operations Supervisor: Roy Beierle EXECUTIVE SUMMARY: Take-Home Vehicles are only to be assigned to those meeting the IRS requirements of qualified non-personal use vehicles as identified in Publication 5137, or meet the Emergency Response, Specialized Equipment, or Economic Benefit as defined by IRS and outlined in the Mason County Personnel Policy, Chapter 13, Vehicle Use Policy. PUBLIC OUTREACH: N/A RECOMMENDED OR REQUESTED ACTION: Request to place on the April 26, 2022 Consent Agenda consideration of one Vehicle Take-Home Assignment Authorization Request Forms effective January 10, 2021 (date promoted to "Acting Supervisor's through December 31st, 2022. ATTACHMENTS: Vehicle Take-Home Assignment Authorization Request Form Briefing Summary 4/13/2022 Vehicle Take-Hoine AssignmentAuthorization Employee Name ROY BEIERLE Department PUBLIC WORKS Title/Position ROAD&OP SUPERVISOR Division ROADS Vehicle No&Type I r1 0 f-"%'A County of Residence MASON Primary Work Station (_I-vt V-Y-C•., is Current Odometer Reading w Daily Commute Miles Mileage outsite of County(if Daily Business Miles = (p p applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personally policy adopted April 2017 resolution..........requests to authorize Take-Home vehicles must meet at least of of the following criteria. 0 Emergency Response: The employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee is called out at least 12 times per quarter. A"call out"is defined as a directive to an employee to report to work site during off duty time. Documentation listing the number and nature of call-outs for the six month period from the prior year. In addition,there must be an explanation of why alternate transpiration cannot be used and why a County vehicle cannot be picked up from a designated County parking area. Attach all Justification and back-up documentation to this form. ❑ Economic Benefit: There is an economic benefit to the County.This means the cost of travel reimbursement would exceed the costs associated with Take-Home vehicle. A calculation of this benefit must be submitted with the Take-Home Vehicle request. The cost of lost productivity cannot be part of the calculation. Attached all lustlflcotion and back-up documentation to tills form. Special Equipment: The Employee has the primary responsibility for responding to emergency situations which require immediate response to protect life or property and the employee needs a special vehicle and or carries specialized equipment other than communications equipment in order to perform their work outside of normal working hours. A description of this equipment must be submitted with Take-Home Vehicle requests. Attach all Justlflcatlons and back-up documentation to tills form. ❑ Union Contract: Collective bargaining agreement may provide general language for department director to approve Take-Home Vehicle assignment. Provide union name,contract number,and attached a copy of relevant contract language. Union Local: Note:A County owned Take-Home Vehicle Is a fringe benefit that generates a tax liability.If your request fora Take-Home Vehicle assignment Is approved,you ore regplted to check with payroll to determine your liability. 14 Requestor / nature Date I have and understand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. Department Director Date \ I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. i ❑ Approved ❑ Denied Chalr of BOCC Date Please submit this form to the lllsk Manager by September 30th of each year. I Orlginl to Risk ALnagement Payrol TekrHome log Special Equipment Justification Documentation I Vehicle#I 190 a)Searchlight b) Flood Lights c) Emergency Strobe Lights d)Tool Box with emergency response items such as road flares, chain saw, hand tools, etc. e) CB radio f) Company 2 way Of radio g) Permanently mounted bulk fuel tank& dispenser This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond to wind, rain, floods, slides, accidents, road hazards, and snow/ ice events, natural disasters. Per agreement with Frank Pinter and the BOCC, record keeping not required j i i I • Mason County Community Services — Briefing March 21, 2022 Briefing Items • Reorganization of the membership of the Mason County Board of Health—Dave Windom • Medicaid Transformation Program(MTP)contract amendment with Cascade Pacific Action Alliance(CPAA)—Melissa Casey MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: April 18, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information NA INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources x Legal x Other— please explain ITEM: Reorganization of the membership of the Mason County Board of Health EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): E2SHB changed the organization of local boards of health to include members who are not elected. While Mason County has, for some time, had an expanded board, our definitions need to reflect those contained in E2SHB 1152. The changes will be small incorporating a new class of members and term limits. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Briefing and action agenda RECOMMENDED OR REQUESTED ACTION: Place on the next Action Agenda ATTACHMENTS: Ordinance Code with mark up Code without mark up Briefmg Summary 4/4/2022 2.14.010 Established. Effective January 1, 1979, there is constituted a Mason County health department, the jurisdiction of which is coextensive with the boundaries of Mason County including all cities and towns, incorporated or nonincorporated, therein. (Res. 946 § 1, 1978). 2.14.020 Board of health—Designated. The composition of the Mason County Board of Health shall consist of[twelve] ,ne ffi e fs as follows: (1) Three elected members of the Mason County Commission (2) One elected member of the City of Shelton Commission (3) One eleeted member of Mason County Hospital nistfiet !At least one Representative of Public Health healthcare facilities, and providers as defined by E2SHB 1152 (4) One elected „-,o., be f of Mason County Hospital Dist,aet 2At least one consumer of Public Health as defined by E2SHB 1152 (5) n 1 + a member-of the Mason County Fire G .-s A s a4ie et least one stakeholder as defined by E2SHB 1152 (6) One representative of the Squaxin Island Tribe (7) One representative of the Skokomish Tribe (8) Two r-epr-esentatives fFem Mason County Sehool Board Distr-iets; one from the sotAh end a one f+em the net4h end of Mason County. (9) n t' o e ie l p ider- (MD, DO, A RNP> oD A r ) pr-aetieing in .,so ..TiT (-`OUR4 vu■ic y. Non-elected board members shall be approved by a majority vote of the Board of Mason County Commissioners (Res. 946 § 2, 1978; Ord. No. 21-02, 2-16-2021) 2.14.030 Board of healt Health Chairman. At the first meeting of the board of health, the members shall elect a chairman for the period of one year. who may be any e of the tti. siefte.J. (Res. 946 § 3, 1978). 2.14.035 [Board of health—Voting.] All members of the board of health shall have the ability to vote on all issues pertaining to public health policy and priorities. However, any board of health supported issue requiring additional funding from the county will be forwarded as a recommendation to the board of county commissioners for final action. A quorum shall consist of at least one county commissioner and at least three other members. (Ord.No. 21-02, 2-16-2021) Editor's note(sy—Ord.No. 21-02, adopted on February 16, 2021, added provisions to the Code, but did not specify the manner of inclusion. Therefore, at the discretion of the editor, said provisions have been designated as § 2.14.035, as set out herein. 2.14.040 Board of health—Powers and duties. The powers and duties of the board of health shall be as enumerated in RCW 70.05.060. (Res. 946 § 4, 1978). 2.14.045 [Terms and compensation.] The Elected members_(Cily, County) of the Mason County Board of Health shall serve terms consistent with the terms of the entity they represent. All other members shall serve a three-year term Members will serve without compensation,but may be reimbursed for travel expenses approved by the Mason County Board of Health. (Ord.No. 21-02, 2-16-2021) Editor's note(s)—Ord.No. 21-02, adopted on February 16, 2021, added provisions to the Code, but did not specify the manner of inclusion. Therefore, at the discretion of the editor, said provisions have been designated as § 2.14.045, as set out herein. ORDINANCE NO. Concerning the Composition of the Mason County Board of Health WHEREAS,RCW 70.05.030 allows the Board of Mason County Commissioners/Board of Health, at its discretion,to expand the size and composition of the Board of Health to include Elected Officials and persons other than Elected Officials as members; and WHEREAS,the Board of Mason County Commissioners believes that having officials representing other governments within Mason County will enrich the Mason County Board of Health through discussion of public health policy to ensure that the public health needs of the citizens of Mason County are being met; and WHEREAS,Engrossed Second Substitute House Bill(E2SHB) 1152 provides additional guidance for the composition of local Boards of Health, adding new representatives,and term limits; and NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason County as the Board of Health hereby resolve that the composition of the Mason County Board of Health shall consist of members as follows: Three(3)Elected members of the Mason County Commission One(1)Elected member of the City of Shelton Commission One(1)Representative of the Squaxin Island Tribe One(1)Representative of the Skokomish Tribe At least one(1)Representative of Public Health, healthcare facilities, and providers as defined by E2SHB 1152 At least one(1)consumer of Public Health as defined by E2SHB 1152 At least one(1)community stakeholder as defined by E2SHB 1152; and BE IT FURTHER ORDAINED, that all members of the Board of Health shall have the ability to vote on all issues pertaining to Public Health policy and priorities. However,any Board of Health supported issue requiring additional funding from the County will be forwarded as a recommendation to the Board of County Commissioners for final action; and BE IT FURTHER ORDAINED, that a quorum shall consist of at least one (1) County Commissioner and at least three other members; and BE IT FURTHER ORDAINED, that the Elected members of the Mason County Board of Health shall serve terms consistent with the terms of the entity they represent; and BE IT FURTHER ORDAINED, that all other members of the Board of Health shall serve three- year terms; and BE IT FURTHER ORDAINED, that members will serve without compensation, but may be reimbursed for travel expenses approved by the Mason County Board of Health; and BE IT FURTHER ORDAINED, that at the first annual meeting of the Board of Health, the members shall elect a Chairman for the period of one(1)year; and BE IT FURTHER ORDAINED,that non-elected Board members shall be approved by a majority vote of the Board of Mason County Commissioners. DATED this day of ,2022. MASON COUNTY BOARD OF COUNTY ATTEST: COMMISSIONERS McKenzie Smith,Clerk of the Board Kevin Shutty, Chair Randy Neatherlin,Commissioner Sharon Trask, Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Melissa Casey Department: Community Services — Public Health Ext: 406 Briefing Date: 4/18/22 Previous Briefing Dates: If this is a follow-up briefing, please provide only new information Internal Review (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other — please explain Item Medicaid Transformation Program (MTP) contract amendment with Cascade Pacific Action Alliance (CPAA) Executive Summary: (If applicable, please include available options and potential solutions) This contract has been renewed for a sixth year to continue opioid response through Mobile Outreach. Budget Impact: None, already included in 2022 budget Public Outreach: (Include any legal requirements, direct notice, website, community meetings, etc.) None Recommended/Requested Action: Move to Action Agenda Attachments: MTP 2022 Contract Amendment CASCADE PACIFIC.1 ACTION ALLIANCE MTP 2022 Contract Amendment CPAA ACH LLC 1217 4th Ave E., Suite 200 ❑New Contract Olympia, WA 98506 ® Bilateral Amendment/Modification No: K2293-202025-02 (360) 539-7576 PARTNER INFORMATION Agency Name Address Federal ID# Mason County Community Services 415 North 6th Street 916001354 Shelton, WA 98584 Contract Signatory Title Phone Number Kevin Shutty Commission Chair N/A Email Address Fax Number Lydiab@masoncountywa.gov 360-427-7787 CPAA�NFORMATIION Contract Signatory Title Phone Number Steve Clark Interim Chief Executive (360) 539-7576 x116 Officer Email Address Fax Number ClarkS@crhn.org (360) 943-1164 AMENDMENT This amendment is made between Mason County Community Services, hereinafter called "PARTNER" and CASCADE PACIFIC ACTION ALLIANCE, hereinafter called "CPAA". It is mutually understood and agreed by and between the undersigned contracting parties to further amend the previously executed Medicaid Transformation Project (MTP) partner contract: A. To define funds available for 2022 B. To provide the 2022 Partner reporting schedule & performance expectations C. To provide information about the 2022 reporting template D. To define the purpose and methodology for a performance improvement plan (PIP) ATTACHMENTS Attachment A: Payment Information Attachment B: Reporting and Milestone Achievement Schedule Attachment C: Approved Partner Change Plan Attachment D: Performance Improvement Processes Attachment E: Updated CPAA Contacts Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 1 Term of Amendment IN WITNESS THEREOF, CPAA and the PARTNER hereby acknowledge and accept the terms and conditions of this amendment.This amendment shall become effective upon signature of both parties. Signed versions of this contracted transmitted by facsimile copy or electronic mail shall be the equivalent of original signatures on original versions. Partner Signature CPAA Signature Printed Name Kevin Shutty Printed Name Steve Clark Title Commission Chair Title Interim Chief Executive Officer Date Date Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 2 Attachment A: Payment Information PARTNER has the ability to earn funds in 2022 based upon compliance with the terms of this Amendment; as well as efforts towards fulfilling the Scope of Work stated in the PARTNER'S approved Change Plan for 2022 (see Attachment C of this amendment). Payment will also include evaluation of the Partner's performance on stated interventions and project milestones. CPAA as an Accountable Community of Health (ACH) is responsible for assuring targeted levels of progression towards project-specific goals (milestones). In 2022, partners are expected to achieve 90% completion of milestones with a minimum of 60%completion required to receive immediate funding. Base payments will be disbursed upon receipt of executed amendment and Financial Executor payment release schedule. Upon receipt and approval, Q1, Q2, Q3, and Q4 reports will trigger quarterly reporting payments. Multi-project participation bonus, if eligible, will be disbursed quarterly with each reporting payment. The payment schedule outlined below: Payment Type Up to Amount Payment Date Base Incentive $22,580 Upon Amendment Execution Multi-Project Participation for *Example, $2,188 earned Upon receipt of Q1, Q2, Q3, two or more projects. per eligible quarter for 2 and Q4 reports and milestone (Number of qualifying projects (two) total projects achievement at a minimum for multi-project quarterly *Example, $4,377 earned target threshold of 60%. payment will be determined per eligible quarter for 3 each quarter, not annually. (three) total projects *Pertains only to eligible *Example, $6,565 earned partners. per eligible quarter for 4 (four) total projects *Example, $8,754 earned per eligible quarter for 5 (five) total projects *Example, $10,942 earned per eligible quarter for 6 (six) total projects Quarter 1 Report $16,380 Upon receipt of Q1 report and milestone achievement at a minimum target threshold of 60%. Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 3 Quarter 2 Report $16,380 Upon receipt of Q2 report and milestone achievement at a minimum target threshold of 60%. Quarter 3 Report $16,380 Upon receipt of Q3 report and milestone achievement at a minimum target threshold of 60%. Quarter 4 Report $16,380 Upon receipt of Q4 report and milestone achievement at a minimum target threshold of 60%. MTP Project areas were developed by Washington State's Health Care Authority. Participation in the various Project Areas was determined by each ACH. CPAA selected to participate in the following project areas: • 2A: Bi-Directional Integration of Care • 213: Community-Based Care Coordination • 2C: Transitional Care • 3A: Addressing the Opioid Use Public Health Crisis • 313: Reproductive and Maternal/Child Health • 3D: Chronic Disease Prevention and Control MTP Interventions support each of the six MTP Project areas. Every project area has its own menu of state-approved, evidence-based interventions as defined in the MTP project toolkit that must be pursued to achieve targeted levels of improvement for project-specific outcomes. • Failure to meet the minimum target milestone threshold in Q1, Q2, Q3, or Q4 will result in the organization being placed on a Performance Improvement Plan (PIP). o Additional PIP information is included in Attachment D. Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 14 Attachment B: Reporting and Milestone Achievement Schedule Reporting for 2022 will follow the schedule listed in the table below. CPAA Program Managers will provide each partner with an updated reporting template based on the approved change plan for 2022. Quarterly Reporting Timeframe Reporting Due Date Quarter 1 (January 1—March 31, 2022) April 30, 2022 Quarter 2 (April 1—June 30, 2022) July 31, 2022 Quarter 3 (July 1—September 30, 2022) October 31, 2022 Quarter 4(October 1—December 31, 2022) January 31, 2023 Twice per year, CPAA is required to collect Pay for Reporting(P4R) metrics established by the Washington State Health Care Authority (HCA) from partners participating in projects: • 2A: Bi-Directional Integration of Care o The McHAF Site-Self Assessment must be completed and submitted semiannually by June 30, 2022 and December 31, 2022. • 3A: Opioid Response o The CPAA Opioid Response P4R Metrics Survey must be completed and submitted semiannually by June 30, 2022 and December 31, 2022. CPAA Program Managers will reach out to partners directly to collect this information. Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 5 Attachment C: Approved Partner Change Plan The modified 2022 Change Plan below has been approved for your organization and will serve as the 2022 milestone reporting template. • The Partner will complete tasks and deliverables as set forth in the Change Plan and agrees to notify CPAA Program Managers if the timeline or deliverables will not be submitted as required. • The Partner may request technical assistance from CPAA Program Managers as needed. (Detail Change Plan on next page) Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 6 Attachment D: Performance Improvement Processes A Performance Improvement Plan (PIP) will be initiated for one of two reasons: I. When milestone target of 60% has not been achieved. II. When the Partner's progress on specific milestones does not meet the expectations as stated in items X (ten) and XI (eleven) of the original MTP Contract under section "Partner's Roles & responsibilities." a. The Partner will complete tasks and deliverables as set forth in the Change Plan. b. Partner will show evidence for expansion or deepening of partnership's projects. The purpose of the PIP is to define areas of concern and/or gaps in a partner's performance, iterate CPAA's expectations going forward, and allow the partner an opportunity to demonstrate rapid improvement following quarterly reporting.To facilitate sustained improvement, the PIP will be used in conjunction with your organization's modified Change Plan to monitor progress on MTP work. If the Partner is placed on a PIP, improvement expectations must be satisfied in the timeframe listed below. If expectations are not met within the timeframe, an extension may be granted. Until the PIP is completed, quarterly payments may be delayed. PIP activities should be fulfilled, as necessary, along with any overlapping milestones in subsequent quarters. PIP Timeframe: 30 days upon receipt of signed PIP and approved PIP activities. Steps 1. Once CPAA establishes that a partner's performance is below the quarterly milestone completion target, CPAA will meet with the partner to discuss the PIP process. 2. CPAA will complete the PIP form, email it to the partner to be signed, and approve PIP activities developed by the partner. 3. The partner and CPAA will work together during the PIP time period on performance monitoring and to document the partner's progress. 4. At the end of the PIP timeframe, CPAA will assess whether the partner has met the improvement expectations outlined below. If the PIP has been completed to satisfaction, CPAA will meet with the partner to formally close the PIP and release any delayed quarterly payments. If sufficient improvement has not occurred, an extension may be granted or your organization may be dropped from a project area or as a Medicaid Transformation Partner. Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 1 1117 Improvement Expectations • Develop a list of granular activities leading to the completion of unmet milestones or a list of activities to satisfy a related scope of work if unmet milestones cannot be achieved. These activities will be documented in a new tab in the partner's Change Plan, provided by CPAA. • Activities should adequately reflect the scope of work being implemented. • Achieve 90%compliance of completed activities by the end of the PIP timeframe. • At the end of the PIP timeframe, attend a meeting with CPAA Program Managers to discuss progress. If your organization is currently on a Performance Improvement Plan (PIP),the timeline to demonstrate improvement will be no later than 90 days after receipt of a signed PIP. Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment ;> <: 8 Attachment E: Updated CPAA Contacts If you have questions about MTP contracts, finance, or program-specific questions, please use the single point of contact information below. Phone: (360) 539-7576 ext. 100 Contract or finance questions: finance@crhn.org Reporting questions: reporting@cpaawa.org Program-specific questions: info@cpaawa.org Contract#:K2293-202025-02 CPAA MTP 202.21 Contract Amendment 19 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING April 18,2022 Briefing Items • Romance Hill Road extension project with the WSDOT Freight Corridor Project • Title VI of the Civil Rights Act Requirements Discussion Items • Utility Account Status Report Commissioner Follow-Up Items Upcoming Calendar/Action Items Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson —Mark Neary _Other(list below): MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins PLS, PE, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: April 18 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other— please explain ITEM: Romance Hill Road - SR 3 Freight Corridor Connector EXECUTIVE SUMMARY: Mason County contracted with Skillings to prepare engineering plans for an extension of Romance Hill to the SR 3 Freight Corridor. The extension includes a new rail crossing. Preliminary designs are complete, application made to the Navy, and a diagnostic meeting held with the Washington UTC to identify next steps and costs. Briefing is to present meeting results and discuss future costs to fully develop Romance Hill. BUDGET IMPACTS: Estimated costs with information we have today are presented below. Navy Rail Crossing Easement $ ??? Crossing Design $ 75,000 Crossing Construction $ 1,500,000 Romance Hill Extension PE $ ROW $ ??? Construction $ 2 - 4,000,000 Freight Corridor Intersection Design/Construct $1.5 - 2,000,000 RECOMMENDED OR REQUESTED ACTION: Requesting discussion and Board guidance on how to move forward. ATTACHMENTS: 1. Preliminary Engineering Initiation letter 2. Application PSAP Ian Lee Skillings 5016 Lacey Blvd SE Lacey,WA 98503 SUBJECT: RAILROAD CROSSING PROJECT PRELIMINARY ENGINEERING INITIATION:ROMANCE HILL RD EXTENSION PROJECT Dear Mr.Lee: This letter is in response to your request for Railroad involvement,with regards the proposed improvements located in,or adjacent to,our rail corridor. In order for PSAP Engineering Services Department to provide a more timely response to requests from various customers for improvements and construction projects in,adjacent to,or over the Railroad's right-of-way,we are now contracting our engineering project engineering work to our outside consultant,Xorail. This allows for greater customer focus while allowing the Railroad to maintain the high standards and consistency you have come to expect on all of their affiliated properties.By utilizing the high caliber engineering skills offered by Xorail, it will expedite the project engineering process and will allow us to better serve you,and all customers throughout the country. Below is a detailed explanation of the phases, stages, and applicable costs for the proposed project. Also detailed are the instructions for submittal of required information and fees,so that we can promptly address your request. PHASE I—PRELIMINARY ENGINEERING A Preliminary Engineering deposit of$5,000.00(USD)is required to begin work on the project.Also,a$1,000 application fee is required. This deposit covers preliminary work necessary to define the scope of the improvements and will be applied to the preliminM engineering fee for work to be completed in Phases I&II Stages 1 through 5. For each location involved, along with the deposit, please complete the enclosed "APPLICATION FOR HIGHWAY CROSSING OR CONSTRUCTION PROJECTS OVER/UNDER OR ADJACENT TO PROPERTIES AND TRACKS" (Form GW-1),sign and return the fee schedule acknowledgement,provide a detailed set of plans for the proposed work,and provide an original letter or e-mail authorizing the Railroad to proceed with the Preliminary Engineering. Please note, additional fees may apply if there is extensive coordination, plan modification or excessive delays on the customer's part during the review process. You will be notified in advance if any additional costs are required in order to proceed,and will be billed accordingly. All correspondence and fee payments are to be addressed to the individual railroad stated below. The required documentation stated below must be received before Phase I work can commence,and should be submitted as follows: Submittal Instructions ORIGINAL DOCUMENTATION REQUIRED: SEND ORIGINAL DOCUMENTATION TO: (1) Original Completed and Signed Application Form(Form GW-1) (1) Signed fee schedule admovdedgement A-KL-Z (1) Original Letter,or e-mail,authorizing the RR to proceed with the Preliminary Engineering. Attn: Mr.Jerry Haar (1) Detailed set of plans for the proposed work Western Region—Director of Signals (1) Original Signed Check(s)for Fees Required(made payable to the railroad). 1166 Oak Ave. (To ensure fees are applied property,the Check Memo should be labeled as:"Reimbursable Engineering Project"with Woodland,CA 95695 CC State,and project name clearly noted). Adft�� PSAP 1W Upon receiving the deposit,Phase I will progress as follows: Preliminary Engineering Stage Title Description Stage 1 Project Initiation Roadway Agency requests proposed improvements. All fees/funds are secured to proceed with preliminary engineering(PE). Stage 2 Preliminary Perform PE Railroad Site Survey to collect all data/information to define Engineering(PE) project scope,prepare 50%civil engineering package,prepare railroad circuit design,and prepare preliminary cost estimates. Stage 3 PE Submittal Prepare PE Package(Configuration Plans, 100%Civil Engineering,Railroad Circuit Design,and Cost Estimates)for submittal to Roadway Agency. Phase I is completed upon submittal of the preliminary engineering package to the customer and the project progresses to Phase II-Final Approval and Agreements(Stages 4&5).This Phase is detailed as follows. PHASE II—FINAL APPROVAL AND AGREEMENTS This Phase involves final plan revisions and acceptance of all plans and estimates by your organization. Following this acceptance,the crossing lease agreement,Construction and Maintenance agreement(s),and Right-of-Entry Agreement(s)are prepared and submitted(as applicable)to you for signed execution. Along with an executed copy of any agreements,prepayment of the estimated cost for the construction portion of the project is required(if applicable).Finally,you must provide a Notice to Proceed(NTP)for the Construction portion of the project. All correspondence, checks, Purchase Orders, etc. are to be addressed to the Railroad using the address in the submittal procedures detailed in Phase I. Final Approval and Agreements Stage Title Description Stage 4 Agreement Preparation Any necessary final revisions completed and PE Package approved by all agencies. PE Package submitted to the Railroad Real Estate Department for Lease,Construction,Maintenance,and Right of Entry agreements(as applicable)for submittal/execution to the Roadway Agency. Stage 5 Construction Initiating Agency approves Plans/Estimates for project scope,executes Authorization Agreements,and provides"Notice to Proceed"in order for project construction to commence. Please Note, if there are utilities involved in the project, additional permitting may be required. Any new installation of overhead or underground utilities associated with this roadway project will require individual utility lease agreements to be filed with the Railroad. The Railroad contact for lease agreements pertaining to overhead or underground utilities will be as follows: Donna Killingsworth,MBA Real Estate Manager 13901 Sutton Park Drive South,Suite 160 Jacksonville,FL 32224 Office:904-999-5365 Fax:904-256-1428 E-Mail:donna.killingsworth@gwrr.com Upon receipt of all executed agreements, prepayment of construction fees (if applicable), and the NTP, the project can to move onto Phase III. PSAP PHASE III—FINAL ENGINEERING AND CONSTRUCTION During this final Phase,the project work agreed upon during the previous phase is undertaken.During this phase vendors are selected to complete the work through a competitive bidding process providing the most economical and efficient cost realization for the project.Coordination between the vendors,the Railroad,Xorail and the customer,is key during this phase. A more in-depth breakdown of each of the 5 stages which make up Phase III is detailed below. Final Engineering and Construction Post Construction Authorization Stage Title Description Stage 6 Secure Construction Secure construction vendors for all required work efforts through competitive Vendors bidding. Stage 7 Construction Railroad Design Team develops the following: Commences a. Material Requisition b. Shop Wiring C. Material Shipment d. Field Installation Team Mobilization e. One-Call/Dig tickets/Permits are all secured. f. Construction Installation g. Field Testing h. In-Service Commissioning Stage 8 Validation Acceptance Railroad and/or Roadway Agency perform Validation of Installation and provides formal acceptance. Stage 9 Project Records Railroad provides Customer with Required Testing and Federal Railroad Administration filing documentation,as well as the As-In-Service Railroad Circuit Plans. Stage 10 Project Completion Project Documentation accepted,Final Invoicing Completed,and Project is closed. Upon completion of Phase III the project is considered complete.On behalf of PSAP,Xorail and all Vendors involved,we thank you for allowing us to satisfy your project requirements and look forward to many more successful project partnerships in the future. Should you need to further discuss this matter or have any questions or comments,please contact Kevin Boles of Xorail at (925)285-8718. Sincerely, Larry Sorenson General Manager PSAP Enclosures:Form GW-1(09052012) Addhk PSAP 1W ........................................................................................................................................ ROADWAY AUTHORITY FEE SCHEDULE ACKNOWLEDGEMENT AND ACCEPTANCE Roadway agency acknowledges and accepts all fees and requirements outlined in this letter. Roadway Authority Agency Name: Mason County Address 1: 100 W Public Works Drive Address 2: City/State/Zip: Shelton, WA 98584 Authorized Representative Name: Kevin Shutty (Printed) (signature) Date Accepted: Please return this original signed acknowledgement with all applicable fees and documentation as instructed above. P� P o.».. . . PSAP APPLICATION FOR HIGHWAY CROSSING OR CONSTRUCTION PROJECTS OVER/UNDER OR ADJACENT TO PROPERTIES AND TRACKS TYPE OF PROJECT X At-Grade Highway-Rail Crossing (Check all that apply): Under-Grade Highway Crossing Over-Grade Highway Crossing Track Relocation/Realignment Request Drainage Facility within/adjacent to Railroad Property Other(provide detailed explanation): Please fill in all applicable fields that apply to your project application. 1. Date of Application: 2. Applicant Company Name: Address: City: State: Zip: Contact: Phone: E-Mail: Fax: 3. Highway Agency Agency Name: Address: City State: Zip: Contact: Phone: E-Mail: Fax: Crossing Identification 4. Nearest Municipality(City, ST): Belfair 5. Crossing in the County of. Mason 6. Crossing Romance Hill Road Name: extension Route/Highway Number Road/Street Name 7. Railroad Milepost 23.63 Location: 8. Crossing AAR/DOT Inventory Number: 9. Railroad Region: Western 10. Railroad Shelton,Bangar—Bremerton Railroad Subdivision: 11. Project Numbers Railroad: TBD Roadway: Consultant 115068 12. Public or Private 13. Type of Funding to be Utilized for the Proposed Federal 130 State Funds Changes: Funds Municipal Funds Private Funds Other—Explain: FORM: G&W-1 (Rev.04/23/2013) Page 1 of 4 PSAP 14. New or Reconstruction: New 15. If Reconstruction,date of existing agreement: 16. Next Crossing to the North/West: Highway 3 Distance: 2 miles north 17. Next Crossing to the South/East: Highway 3 Distance: 2.5 miles south 18. Closest Turnout to the Distance: North/West: 19. Closest Turnout to the South/East Distance: 20. Number of Tracks to cross: 21. Angle of intersection with tracks: 22. Track is curved or tangent: 23. Roadway is curved or tangent: 24. Track is cut in or fill: If so,height or depth: Utility Information 25. Overhead Crossings: a) Clearance above top of rail: b) Length of span: c) Number of columns to be located on Railroad Property: d) Distance face of closest column to nearest rail of closest track: 26. Underground Crossing: a) Track Carried By: b) Design Standards Followed: 27. Utility installation required by this project: 28. Utility relocation required by project: 29. Lane shifts account maintenance of traffic: 30. Plans for the proposed installation shall be submitted to and meet the approval of the Railroad. Design and materials are to be in strict accordance with all requirements of the Railroad, as well as all Federal, State, and Municipal requirements applicable for the installation of Highway/Railway Crossings. The original and two (2)copies of this form shall be submitted, accompanied by two (2)prints of associated drawing(s)prepared in accordance with Railroad Highway/Railway Crossing standards. 31. If application is approved, Applicant understands the agreement for this crossing will make Applicant responsible for all costs incurred by the Railroad incidental to the installation and maintenance of the crossing and further agrees to assume all liability for accidents or injuries,which arise as a result of this installation. 32. For Insurance requirements see attached appendix C. FORM: G&W-1 (Rev.04/23/2013) Page 2 of 4 HJOet BOU,HO a ....8.,�., ...,, PSAP 33. Application processing fee of$1000.00 is enclosed with this application: *--(initial here if attached) 34. Authorized official making application: Signature: Name: Title: Phone: Fax: Questions concerning the application process may be directed to: Jerry Haar Regional Signal Director (530) 312-4497 Jerry.haar@gwg.com FORM: G&W-1 (Rev.04/23/2013) Page 3 of 4 ... w.-�,......e PSAP APPENDIX C Insurance Requirements CONTRACTOR shall,at its expense,procure,prior to commencement of the WORK,and shall maintain in full force and effect until the WORK has been completed and accepted,and shall require all subcontractors likewise to procure and maintain,unless they be covered by CONTRACTOR's insurance,the following kinds and minimum amounts: 1. Workmen's Compensation Insurance with minimum limits of not less than$1,000,000 Bodily Injury by Accident,Each Accident;$1,000,000 Bodily Injury by Disease,Policy Limit;$1,000,000 Bodily Injury by Disease,Each Employee,and includes a waiver of subrogation in favor of RAILROAD. 2. CONTRACTOR's Public Liability,Property Damage Liability Insurance including Products&Completed Operations coverage with a minimum single combined limit of not less than$2,000,000 per occurrence and$6,000,000 aggregate. Coverage shall include Railroad Contractual Liability endorsement ISO GL 24 17 or its equivalent, have a cross-liability clause, name RAILROAD as an additional insured with endorsement ISO GL 20 10, and include a waiver of subrogation in favor of RAILROAD. 3. The CONTRACTOR shall maintain Commercial Automobile Insurance for all owned,non-owned and hired vehicles with a combined single limit of not less than$1,000,000 for Bodily Injury and Property Damage Liability. Such policy shall be endorsed to provide Waiver of Subrogation in favor of RAILROAD and name RAILROAD as Additional Insured. If hauling hazardous materials,policy is to be endorsed with the MCS-90 endorsement. 4. CONTRACTOR shall acquire Railroad Protective Public Liability and Property Damage Liability Insurance with limits of$2,000,000 per occurrence,$6,000,000 annual aggregate,with RA and each of the RAILROADS as the named insured under (1)RPL for the entire contract. At RAILROAD's option and with the appropriate price reduction,RAILROAD may obtain such coverage for some projects where it is more economical for both CONTRACTOR and RAILROAD. 5. If required,the CONTRACTOR shall maintain Pollution Legal Liability Insurance with minimum limits of$5,000,000 per occurrence covering all operations of the CONTRACTOR. Such policy shall be endorsed to provide Waiver of Subrogation in favor of RAILROAD and name RAILROAD as Additional Named Insured. (b) Insurance shall be primary and without right of contribution from other insurance that may be in effect and without subordination. The insurance policies must be underwritten by a company licensed in the state where work is to be performed, and carry a minimum Best's rating of"A-VI"or better. Insurance shall not be materially modifiable or cancelable without thirty, (30)days prior written notice to RAILROAD. CONTRACTOR shall furnish RAILROAD with certificates of insurance showing compliance with these insurance provisions ten(10)days prior to the commencement of the WORK which must be signed by an authorized member of the insurance firm and which must show the name of the agreement to which the certificate is applicable. (c) If any policies providing the required coverages are written on a claims-made basis,the following is applicable: •The retroactive date shall be prior to the commencement of the work -CONTRACTOR shall maintain such policies on a continuous basis •If there is a change in insurance companies or policies are canceled or not renewed,CONTRACTOR shall purchase an extended reporting period of not less than three(3)years after the contract completion date. FORM: G&W-1 (Rev.04123/2013) Page 4 of 4 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PLS, PE, Deputy Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: April 18, 2022 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Information Technology ❑ Other — please explain ITEM: Title VI of the Civil Rights Act Requirements EXECUTIVE SUMMARY: Washington State Department of Transportation requires Public Works to submit a Title VI Annual Accomplishment and Goal report yearly. Title VI of the Civil Rights Act of 1964 is the main legal authority for the department's Office of Equal Opportunity, External Civil Rights nondiscrimination programs. Title VI prohibits discrimination on the basis of race, color, sex or national origin in programs or activities receiving federal financial assistance. Once an agency accepts federal funds, all of its programs and activities are covered, regardless of their funding source. Related statutes and Presidential Executive Orders under the umbrella of Title VI address Environmental Justice (EJ) in minority and low-income populations, and services to those individuals with Limited English Proficiency (LEP), women and the disabled. WSDOT's Title VI Program is responsible for providing leadership, direction and policy to ensure compliance with Title VI and Environmental Justice and Limited English Proficiency principles and to ensure that social impacts to communities and people are recognized and considered throughout the transportation planning and decision-making process. With this report is the Letter of Intent to Comply with WSDOT Title VI Plan and the County USDOT Standard Title VI/Non-Discrimination Assurances document that is part of the agreement. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the Chair to sign the Letter of Intent to Comply with WSDOT Title VI Plan and the USDOT Standard Title VI/Non-Discrimination Assurances that is part of the County's Annual Update and Accomplishment Report covering the reporting period from April 1, 2021 to March 31, 2022. ATTACHMENTS: 1. Annual Update and Accomplishment Report 2. Letter of Intent (Page 4) 3. USDOT Standard Title VI Assurances DOT Order No 1050.2A (Page 5-13) 5oT3 co U� 1854 MASON COUNTY TITLE VI ANNUAL UPDATE AND ACCOMPLISHMENT REPORT AP RI L 1 , 2021 THROUGH MARCH 31 , 2022 Table of Contents Title VI Noticelo the Public ........................................................................................................................... Page 3 Letter of Intent to Comply with WSDOT Title VI Plan ............................................................................. Page 4 Standard Title VI Assurance.................................................................................................................... Page 5-13 Title VI Accomplishments&Goals Report........................................................................................... Page 14-26 Exhibit 1: Title VI Program Organizational Chart—Reporting Relationships ................................. Page 27-28 Exhibit 2: County School District Map .......................................................................................................Page 29 Exhibit 3: CRP 2001, Homer Adams—Decker Creek Culvert Replacement Project Information and community outreach ................................................................................. Page 30-42 Exhibit 4: CRP 2006, Bear Creek Dewatto—Clear zone Project Information and community outreach ................................................................................. Page 43-55 Exhibit 5: CRP 2024, Highland Road -Dayton Culvert Replacement Project Information and community outreach ................................................................................. Page 56-68 Exhibit 6: CRP 2030, Old Belfair Highway—Resurfacing Project Information and community outreach ................................................................................. Page 69-83 Exhibit 7: CRP 2035, Boyer Road—Resurfacing Project Information and community outreach ................................................................................. Page 84-94 Exhibit 8: CRP 2036, Snider Road—Resurfacing Project Information and community outreach .............................................................................. Page 95-105 Exhibit 9: County Road Project Resolutions/Notification of completion........................................Page 106 APPENDIX A-1: Federal Funded Project: Title VI Language included in Contracts A-2: Non-Federal Funded Projects and Consultant Agreement Title IV Language cot, ~TA Y 1RSJ MASON COUNTY PUBLIC WORKS TITLE VI NOTICE TO THE PUBLIC Mason County hereby gives public notice that it is the County's policy to assure full compliance with Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI and related laws requires that no person shall, on the grounds of race, color, sex, or national origin be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Federal Aid Highway program or other activity for which Mason County receives Federal financial assistance. Any person who believes they have been aggrieved by an unlawful discriminatory practice under Title VI has a right to file a formal complaint with Mason County. Any such complaint must be in writing and filed with the Mason County Title VI Coordinator within one hundred eighty (180) days following the date of the alleged discriminatory occurrence. The Title VI Complaint Procedures and Form may be obtained from the Title VI Coordinator at no cost to the complainant by calling 360-427-9670. Page 1 3 Adff& Washington State Department of Transportation Appendix 28.92 Letter of Intent to Comply with WSDOT Title VI Plan In lieu of adopting a Title VI Plan, the County of Mason agrees to comply with the WSDOT Title VI Plan. The County of Mason assures that no person shall on the grounds of race, color, or national origin, 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 County of Mason further assures every effort will be made to ensure nondiscrimination 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 County of Mason distributes federal aid funds to a sub-recipient, the County of Mason will include Title VI language in all written agreements and will monitor for compliance. The County of Mason is responsible for initiating and monitoring Title VI activities, collecting data, preparing reports (including Appendix 28.93) and other responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation, WSDOT Title VI Plan, and the WSDOT Local Area Guidelines manual. Kevin Shutty Chair Title of Signatory Authority Date Executed Mike Collins, PE, PLS, County Engineer mcollins@masoncounty wa.gov Name and Title of Public Works email address Transportation Manager Kelle Medcalf, PW Office Administrator kellem(a)masoncountywa.gov Name and Title of Title VI Coordinator email address Required Attachment: signed, unaltered USDOT1050.2a, Standard Title VI Assurances DOT Form App.28.92 Revised 01/2022 Page 4 The United States Department of Transportation (USDOT)Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A Mason 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/Regulatory 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 Pagel 5 to a "facility")operated, or will be (with regard to a "program")conducted in compliance with all requirements imposed by,or pursuant to the Ads 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 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: Page 16 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, Mason 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 County's 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 County.You must keep records, reports,and submit the material for review upon request to Mason County,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. Mason 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. Kevin Shutty, Mason County Chair DATED Page 17 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. 2. 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, A Page 18 unless exempt by the Ads,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. A Page 1 9 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 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 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 Mason 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 County, its successors and assigns. The 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 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.) B Page 10 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 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, Mason 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 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 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 Page 1 11 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 Mason 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, Mason 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, Mason County will there upon revert to and vest in and become the absolute property of Mason 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.) D Page 1 12 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). E Page 1 13 vrA01 WSDOT Report for April 2021 through March 2022 TITLE V1 ACCOMPLISHMENTS & GOALS REPORT 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): KEVIN SHUTTY, CHAIR OF THE BOARD OF MASON COUNTY COMMISSIONERS Mailing Address:411 N.5T"STREET City:SHELTON WA Zip Code:98584 County:MASON Phone#:360.427.9670, EXT.419 email address: KEVINS@MASONCOUNTYWA.GOV Name and title of head of transportation-related services: LORETTA SWANSON, PUBLIC WORKS DIRECTOR Mailing Address: 100 W. PUBLIC WORKS DRIVE City:SHELTON WA Zip Code:98584 County: MASON Phone#: 360.427.9670, EXT 450 email address: LORETTAS@MASONCOUNTYWA.GOV Name and title of designated Title VI coordinator: KELLE MEDCALF, PUBLIC WORKS OFFICE ADMINISTRATOR Mailing Address: 100 W PUBLIC WORKS DRIVE City:SHELTON WA Zip Code:98584 County: MASON Phone#:360.427.9670, EXT.462 email address: KELLEM@MASONCOUNTYWA.GOV *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. Mason County did have a change with the retirement of the County's Title VI Coordinator. This change was reported by email to OEO on December 16, 2021.A new Letter of Intent with WSDOT Title VI Plan has been attached to the report, see page 4. 141Page 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. Attached as, exhibit 1, is the Mason County Title VI Organization chart that displays the current staffing structure for the County's Title VI Program and what each area's reporting responsibilities are. Below, lists each staff member currently involved in the Title VI reporting program. NAME GENDER National TITLE /ETHNICITY Origin Kevin Shutty Male/ United States Chief Executive Office Caucasian Kelle Medcalf Female/ United States Title VI Coordinator Caucasian Debbie Gould Female/ United States Title VI Specialist Complaint Process Caucasian Tim Whitehead Male/ United States Complaint Investigation Support Caucasian Loretta Swanson Female/ United States Public Works Director Caucasian Mike Collins Male/ United States County Engineer Caucasian Dave Smith Male/ United States Title VI Specialist Caucasian Kobree Glaser Female/ United States Title Specialist Caucasian Sheree Jankowski Female/ United States Title VI Specialist Caucasian Mike Ringgenberg Male/ United States Transportation Improvement Caucasian Program Citizen Advisory Panel (TIP-CAP) 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. According to the United States Census population estimate data, Mason County, Washington's population for this reporting year is estimated to be around 69,544 with a growth rate of 2.04%. Mason County is the 215t largest county in Washington. 151 Page Mason County used the most recent OFM population estimate along with ESL data collected from the school districts within the county to provide current demographics.The data continues to show the top language in Mason County after English is Spanish. Using ethnic groups collected from the County school districts (County School District map attached, exhibit 2,showing locations of each district within the County)and the most current OFM estimates the racial groups within Mason County's population are broken down into seven groups and are listed below with the number and percentage of individual racial status (comparison of racial language groups with collected school district and OFM). School Districts Racial Language Groups School District: Breakdown for Schools: Current OFM Estimate: Grapeview White: 5,044(60%) White: 57,384(79%) Hood Canal Hispanic/Latino: 2,447(29%) Hispanic/Latino: 6,870 (10%) Mary M. Knight 2 or more races: 571 (6%) 2 or more races: 3,082 (4%) North Mason American Indian/Alaska Native: 279(3%) American Indian/Alaska Native: 3,016(4%) Pioneer Asian: 47 (0.6%) Asian: 1,011 (1%) Shelton Black:49(0.6%) Black: 834(1%) Southside Hawaiian/Other Pacific Islander: 22(0.3%) Hawaiian/Other Pacific Islander: 323 (1%) TOTAL STUDENT COUNT 8,549 Employment IIIIIIIIIIIIIIIIIIIIIIIII Security Dept. population Labor Summar, ,age 25 plus, has graduated from High School or higher--- Civilian Labor Force 25,281 , of the ..11ution has a Bachelor's Degree . Total Employment 24005 higher--- Total Unemployment 1,276 Unemployment Rate 5.0% The income and poverty in Mason County(data from the EJ SCREEN map of Mason County Report/ National Environmental Public Heath Tracking Network)shows a median household income of$58,239 (Washington $74,023)with 13.7%of the population below poverty (Washington is 10.3%). - WHITES 11% - BLACK 37% - ASIAN 6% - HISPANICS 50% - NATIVE 29% - MULTIPLE 20% No transportation related language services were requested during this reporting period.All translation documents were done with Google Translate and reviewed by an internal bi-lingual staff member. 161Page 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 Title VI related complaints were received by Mason County during this reporting period. Mason County's Title VI Complaint form and complaint procedure are available online at: FORM: https://masoncountywa.gov/forms/public-works/title-Vl-complaint-form.pdf COMPLAINT PROCEDURE: https://masoncountywa.gov/forms/public-works/title-Vl-complaint- procedure.pdf Mason County Public Works does not maintain a separate Title VI Complaint Log.The County Human Resources Division maintains a county-wide log of Title VI grievances and complaints which are investigated by HR and the County Prosecutor's Office. Public Works staff will assist in the investigation if needed. 5. 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. The Engineering Division is responsible for putting together both short and long-range engineering and construction plans for transportation services to Mason County citizens.The division used the Project Review—Title VI Compliance form to apply the four-factor analysist and assess the LEP population for language needs for the transportation project during this reporting period.All but two projects during this reporting period had short term impacts to the public, with little to no impact to the LEP population.These two projects are listed below: ONE: CRP 2001, Homer Adams Decker Creek Culvert Replacement involved the removal of the existing culvert that was failing and replacing it with a larger culvert.This project required a 12-day road closure for. Project Information collected and community outreached attached in exhibit 3. 1. Two (2) public ZOOM meeting with Commissions one to brief and the other to approve a road closure for the project. The resolution was published in local newspaper for two consecutive weeks and placed in the area 3 days before closure. 2. Three (3)copies of the resolution were laminated and posted in three public locations. 3. Closure information was placed on the County Facebook page. 4. There were a few property owners effected by this closure and owners were notified by door- to-door communication and during our right of way acquisitions. 4. Reader board signs were placed on the road to notify the traveling public of the upcoming closure with contract information. 5. Emails were sent to approximately 80 business,citizens,schools,emergency services, local newspapers, local radio stations on our Public Works Road Closure email list. 6. Closure information was added to the County Channel 3 TV station. 171Page 7. Closure was on the County Road Closure/Restriction hotline and on the Public Works webpage under Road Closures/Restrictions. TWO: CRP 2024, Highland-Dayton Culvert Replacement project impacted a number of residents and required a 10-day road closure. Below describe the activities performed by Public Works to ensure community outreach. Project Information collected and community outreached attached in exhibit 5. 1. Two (2) Public ZOOM meeting with Commissions one to brief and the other to approve a road closure for the project. The resolution was published in local newspaper for two consecutive weeks. 2. Three (3)copies of the resolution were laminated and posted in three public locations. 3. Project flyer for the project was mailed out to 116 property owners in the vicinity that would be impacted by the project, notifying them of the upcoming project and expected road closure. The flyer was in both English and Spanish. 4. Flyer was posted on the County Facebook page. S. Reader board signs were placed on the road 3-days prior to closure date to notify the traveling public of the upcoming closure with contract information. 6. Emails were sent to approximately 80 business,citizens, schools, emergency services, local newspapers, local radio stations on our Public Works Road Closure email list. 7. Closure information was added to the County Channel 3 TV station. 8. Closure was on the County Road Closure/Restriction hotline and on the Public Works webpage under Road Closures/Restrictions. The Transportation Improvement Program — Citizen Advisory Panel had monthly meeting with Public Works staff discussing current projects and transportation needs. These meetings were open to the public to attend (https://masoncountywa.gov/ac/tip-cap/index.php - link to the County TIP-CAP Advisory Panel page). No other community meetings were held during this report period. 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). All right-of-way actions during this reporting period were Caucasian and of American in origin. Below is a list of purchases, lease/use of real property that related to transportation and maintenance related projects: To Total Project Name Property Owners Name TCF? acreage IZONN Total acreage Purchase? acreage CRP 2024 Dayton Creek Culvert Replacement:Replaced failing metal culverts with a concrete box culvert. Brad&Pamela Stites Yc; 1.4% Ye; 2.80% No N/A Douglas&Candace Archer Yes 3.30% Ye; 6% No N/A Ikon&JoAnne Cress Yes 0.012% Yes 0.0134� No N/A CRP 2001 Homer Adams Culvert Replacement:Replaced a failed metal culvert with a steel arch culvert with endwalls. Lance&Miranda Valley Yes 0.0005% Yes 0.0005% No N/A Leroy&Carol Valley Ycs 0.006% Yes 0.006% No N/A 18 Page Robert&Carol Boyd No N/A Yes 0.02% No N/A Ira&Cornelia RrehmeNcr No N/A Yes 0.002% No N/A River Haven Lot Purchase:Purchased Lot 75 in the Plat of River Haven for the extension of Hemlock Place to connect to Ben d. William Lee Smith N/A N/A N/A N/A Yes 100% Skokomish GI:Purchased Temp.Const.Easements and Permanent Easements for access and placement of Engineered Log Jams. Rebecca Bartsch No N/A Yes 13% No N/A Sials Lampley No N/A Yes 0.02% No N/A Gerald&Michealene Tresner No N/A Yes 11% No N/A Loren Lampley No N/A Yes 10% No N/A Lawrence&Sally Johnson No N/A Yes 11% No N/A Jeffrey&Lillian Champagne No N/A Yes 65% No N/A Justin&Renee Baze No N/A Yes 63% No N/A William&Denise Wilder No N/A Yes 0.02% No N/A Janelle Twiss&Silas Lampley Yes 4% Yes 61% No N/A Long Family Trust No N/A Yes 67% No N/A Ronald Twiss Yes 1% Yes 57% No N/A Baze Family Farm No N/A Yes 0.02% No N/A Brent Dehning Yes 18% No N/A No N/A Bryan James Yes 0.01% Yes 40% No N/A Patricia Dyment No N/A Yes 11% No N/A Melissa Donaldson No N/A Yes 15% No N/A Renjamin&Donna Raze Yes 51% No N/A No N/A CRP 2021 Great Bend Culvert Replacement:Replaced failing metal culvert with a larger concre a oz cull" Neal&Gail Anderson 32220-50-03064 Yes 0.02% No N/A No N/A Neal&Gail Anderson 32220-50-03027 Yes 0.03% Yes 0.16% No N/A 7. Identify right-of-way appraisers and acquisition staff(used during this reporting period) by race, color, national origin. One appraisal was needed during this reporting period. Mason County hired R.F. Duncan and Associates, out of Olympia, WA. County staff communicated all business via email and phone, it is unknown as to what race,color or origin. Internal acquisitions were completed by the Public Works Director, Loretta Swanson and County Survey, Mike Mclrvin; both Caucasians/United States origin. 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. No transportation studies were completed during this report period.A study is still underway for the Romance Hill Road extension to SR- Freight Corridor.The Romance Hill Road extension to SR-Freight Corridor will be a project that will impact most of the northern part of Mason County(Belfair).The transportation study, along with an EJSCREEN mapping,four-factor analysist and project review 191Page summary report will give us the data to identify the demographic information needed for any environmental/LEP needs in this area. 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. The construction projects that began during this reporting period are listed below.Title VI assessments information for each project is attached to this report(exhibit listed below)that was used during the planning/pre-construction of each project;this includes a map that overlays projects with the racial composition of affected neighborhoods. Proiect#1: CRP 2001, Homer Adams Decker Creek Culvert Replacement MP 0.05—MP 0.25 (see exhibit 3) Brief Description:This culvert replacement project on Homer Adams Road (County Road Number 00610) involved the removal of the existing culvert in poor condition and replacing it with a larger culvert. Benefits: Improved infrastructure and provided adequate fish passage. Burdens: Required a 12-day road closure from August 23, 2021 to September 3,2021.The County published the road closure in the local newspaper,sent notifications to local businesses,schools, emergency services, and others on our road closure notification email list, County Facebook page, website and County Channel 3 TV station.There were a few property owners effected by this closure and owners were notified by door-to-door communication. Laminated copies of the road closure resolution were posted in 3 locations in the area and reader boards were placed in the area 3 days before the closure Project#2: CRP 2006, Bear Creek Dewatto Clear Zone Project MP 3.6—MP 5.1 (see exhibit 4) Brief Description:This project improved the clear zone by flattening slopes and adding/upgrading guardrail within existing County right of way. Benefits: Improving County infrastructure and improving safety for the traveling public. Burdens:This project required the roadway to be limited to one lane, alternating traffic. Reader boards were placed by the County in the area 3 days before the project began. Proiect#3: CRP 2024, Highland Dayton Culvert Replacement MP 0.33 (see exhibit 5) Brief Description:This project removed an existing undersize culvert. Benefits: Improved fish passage and increased safety by reducing roadway flooding concerns. Burdens: Road had to be closed from September 20, 2021 through October 1, 2021.The County published the road closure in the local newspaper, sent notifications to local businesses,schools, emergency services, and others on our road closure notification email list, County Facebook page, website and County Channel 3 TV station. Laminated copies of the road closure resolution were posted in 3 locations in the area and reader boards were placed in the area 3 days before the closure. 201 Page Project#4: CRP 2030, Old Belfair Highway Resurfacing Project MP 0.2—MP 1.2 (see exhibit 6) Brief Description:This project resurfaced the existing roadway and shoulders with asphalt. Benefits: Infrastructure improvements; providing safe shoulders for walking/riding bikes. Burdens: During the project,the roadway was limited to one lane, alternating traffic. Reader boards were placed in area 3-days before project start date. Project#5: CRP 2035, Boyer Road MP 0.00—MP 0.50(see exhibit 7) Brief Description:This project converted a gravel road into a paved road. Benefits: Infrastructure improvements Burdens: During the project,the roadway was limited to one lane, alternating traffic. Reader boards were placed in area 3-days before project start date. Proiect#6: CRP 2036, Snider Road MP 0.00—MP 0.18 (see exhibit 8) Brief Description:This project converted a gravel road into a paved road. Benefits: Infrastructure improvements Burdens: During the project,the roadway was limited to one lane,alternating traffic. Reader boards were placed in area 3-days before project start date. 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. Public involvement is encouraged and due to the Covid-19 pandemic and the Governor's emergency Proclamation 20-28, all County meetings during this reporting period were held via ZOOM. Briefings were held on Mondays and Commission/Public Meetings held every other Tuesday. Previous and live Meetings can be viewed via: • Mason County website: https://masoncountywa.gov/index.php • Mason WebTV: https://masonwebtv.com/ • County Channel 3 (Mason County local information channel) Transportation related public meeting included: • September 27, 2021- review/November 9, 2021/Hearing adopting the 2022 Annual Construction and 2022-2027 Transportation Improvement Programs. Notice was published in the County newspaper for two-constitutive weeks and on the County webpage under "What's 211Page New" inviting citizen participation through ZOOM or contact the Clerk of the Board by phone or email. • Maintenance/project road closures, contract bidding/awards and consultant RFP/awards. • Public Works published in the County newspaper and on the County website a News Release for citizen volunteers for the Transportation Improvement Program Citizen Advisory Panel. This advisory group reviews and analyzes Mason County's transportation needs and presents their proposed transportation improvement plan to the Board of Mason County Commissioners. Currently this group holds public meetings every 2"d Tuesday of every month.These meetings are open to the public or comments or concerns can be submitted from our TIP-CAP Community Outreach web-page: https://masoncountywa.gov/ac/tip-cap/community-outreach.php. Current public members and County staff transportation planning team consist of the following: Members of the LPA's TIP-CAP Advisory group Public Works Transportation Planning Team 8—Males 8- Males 1—Females 4- Females All Caucasian 1-Hispanic/12-Caucasian 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). CONSTRUCTION CONTRACTS: The County's process for construction contracts are procured following state and federal competitive bidding statues and requirements. For public bid construction project,we award to the lowest responsive bid as required by law. Two of the six constructions projects completed during this report period were competitively bid, notice to bidders and bid tabulation are a part of the project exhibit(4)for Bear Creek Dewatto and exhibit (6)for Old Belfair Highway.The other four, Snider Road, Boyer Road, Highland Dayton Culvert Replacement and Homer Adams Culvert Replacement,the County utilized county forces to complete the projects. All four projects were over the $10k to construct, per statues,the county was required to publish a description and estimated cost of the project in the county official newspaper and after the project was completed a notice of completion with actual project cost had to be published as well, shown in Exhibit 9.The County abides with statutory county forces construction limits of RCW 37.77.065. CONSULTANT CONTRACTS: The County's regular process for consultant solicitations and selection processes are negotiated according to the procedures found in RCW 39.80 and for Federally assisted projects, Local Agency Guidelines (LAD) Manual. Mason County Public Work's Engineering and Construction Division encourages all consulting firms registered in Washington State to conduct business and possess the necessary professional licenses when presenting their qualifications for roadway design projects. During this report period we did not solicit for any Consultants. 221 Page CONSTRUCTION/CONSULTANT CONTRACTS: The County either advertises construction or consultant contract through the County MRSC Consultant/Small Works Rosters or advertises a Notice to Bidders/Request for Proposals/Qualifications in the local paper and Daily Journal of Commerce, on the County website and with Builders Exchange.The Title VI Coordinator reviews all contracts for consulting and construction to ensure compliance with the Title VI plan. Notice to bidders for transportation related projects include the following language, required by the signed "Assurances DOT Order No. 1050.2A" regarding Title VI in the bid ad: "The (Local Agency) in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d to 2000d-4 and Title 49,Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises 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, or national origin in consideration for an award. Mason County 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 related statues, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Mason County program or activity. For more information, please contact Mason County Public Works at(360)427- 9670, Ext. 450. Conado de Mason y El Departamento de Obras Publicas del Condado de Mason garantiza que ninguna persona sera excluida de participar, no se le denegaran beneficios, ni estara de otra manera sujeta a discriminacion en cualquier programa o actividad de la Conado de Mason y El Departamento de Obras Publicas del Condado de Mason, por motivos de raza, color, origen nacional o sexo, segun to previsto en al Articulo VI de Ley Derechos Civiles de 1964 y los estatutos relacionados It is the policy of Mason County to comply with 49 Code of Federal Regulations, Part 26,to ensure that Disadvantaged Businesses, including minority and women, have an equal opportunity to receive and participate in federally assisted contracts. Mason does not exclude any person from participation in, does not deny any person the benefit of, or otherwise discriminate in connection with the award or performance of any contract covered by 49 CFR Part 26 on the basis of race, sex, or national origin. Mason County efforts made to use minority and female consultants during FY 2021 include the following activities: Disadvantaged Business Enterprise (DBE/UDBE)Goals. As part of Mason County's outreach efforts to use minority and female consultants,when appropriate, proposals include a Disadvantaged Business Enterprise (DBE/UDBE)goal.These firms that are certified can encompass small, minority and women -owned firms.As a condition of award,the successful bidder must make good faith efforts to meet this DBE/UDBE goal.The proposer establishes good faith efforts when it documents that it has obtained enough DBE/UDBE participation to meet the DBE/UBDE goals; or documents that it has made efforts to so, although unsuccessful. 231 Page 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?) Construction contractors and consultants that we retain contracts/agreements with are required to comply with all Title VI provisions. All formal Notice to Bidder and consultant advertisements are solicited with the following language: The Local Agency 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, disadvantage business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not discriminate against on the grounds of race, color, or national origin in consideration for an award. Mason County 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 related statues, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Mason County program or activity. For additional information regarding Title VI compliant procedures and/or information,please contact the Mason County Title VI Coordinator at(360)427-9670. Contracts/Consultant Agreements have a section in each that covers Title IV Assurances, attached as Appendixes is the insertion for Federal contracts(A-1)and the insertion for non-federal funded contracts and consultant agreements(A-2). 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). The MPO is PRTPO Peninsula Regional Transportation Planning Organization. Project's on our current State Transportation Improvement Program (STIP)are as follows: • Clear Zone Improvement (HSIP Funds) o All work done in house • Harstine Island Bridge (STP(BR) Funds) o Consultant Contract Amount$191,760.73, 16% DBE Goal (performed by subconsultants) • Mason Lake Road Improvement(STP(R) Funds) o No work has started • Bridge Guardrail Retrofit(HSIP Funds) o No work has started • Horizontal Curve Analysis (HSIP Funds) o No work has started 24 Page • Sign Post Reflective Panels(HSIP Funds) o No work has started • Shelton Springs Road Improvement Project(STP(US) Funds) o No work has started • Skokomish Valley Road Reconstruction (WFL Funds) o No work has started Not on Current STIP • Old Belfair Highway(STP(R) Funds) o Completed by Contractor Fall 2021,Total Contract Amount$388,299.31, 11%DBE Goal (completed by subcontractor) • E Agate Road (STP(R) Funds) o To be completed by Contractor in Summer 2022, Total Contract Amount $422,386.39, 13% DBE Goal (completed by subcontractor) 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 byjob title and Title VI role, if applicable. Dates: May 11, 2021—DBE Training with WSDOT Mike Collins*County Engineer*White *Caucasian Lucy Castillo *Administrative Assistant * Hispanic Dave Smith *E&C Manager*White *Caucasian Jesse San Nicolas*Engineer*Filipino Kobree Schneidmiller*Assistant E&C Manager*Caucasian Title VI Basics for LPAs Mike Collins *County Engineer*White *Caucasian (July 2, 2021) Kelle Medcalf* PW Office Administrator*Caucasian (July 6, 2021) Lucy Castillo *Administrative Assistant * Hispanic (July 6, 2021) Kobree Schneidmiller*Assistant E&C Manager*Caucasian (July 7, 2021) Tim Rhoades * Engineer Tech * Caucasian (July 13, 2021) Terry Conley* Road Utility Specialist*Caucasian (July 6, 2021) Mike Mclrvin *Survey Supervisor*Caucasian (July 12, 2021) Amy Braakman *Administrative Assistant*Caucasian (July 13, 2021) Sheree Jankowski * Engineer * Caucasian (July 7, 2021) 25 Page Title VI Goals for Upcoming Year 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. Goals for 2022 • Adding Google Translator to the County website to allow individuals using our website to translate information regarding County programs and services into preferred language. • Continue to proactively work to ensure that the County's LEP population is properly served. • Getting all of our vacant Transportation team positions filled. • Provide Title VI training for new employees. • Project meetings to discuss public outreach needs. 261 Page Exhibit 2 Mason County's Title VI Program Organizational Chart — Reporting Relationships County Commissioners Chair Chief Executive Officer Public Works Director County Engineer -7-- Public Works Title VI Coordinator Engineering& Construction Support Services Prosecuting Attorneys Office Manager HR/Risk Manager Title VI Specialist Title VI Specialist Transportation planning, Title VI Specialist Complaint Investigation design & Construction.Traffic Complaint Process Support operations, environmental service and Right of Way Page 1 27 CHIEF EXECUTIVE OFFICER: Signs the Title VI Agreement, annual reports and policy statement that is circulated throughout the County organization and published on the County website. PUBLIC WORKS DIRECTOR Understand the application of Title VI to their respective program areas and are responsible for ensuring Title VI compliance in their respective divisions through policy development, procedures, and monitoring. Providing the Title VI Coordinator with information for the annual report of Title VI accomplishments and upcoming goals including program update that reflects project, organizational, policy and inclusion in the annual Title VI Program Plan update. PUBLIC WORKS DIRECTOR Understand the application of Title VI to their respective program areas and are responsible for ensuring Title VI compliance in their respective divisions through policy development, procedures, and monitoring. Providing the Title VI Coordinator with information for the annual report of Title VI accomplishments and upcoming goals including program update that reflects project, organizational, policy and inclusion in the annual Title VI Program Plan update. TITLE VI SPECIALISTS Department areas that are subject to receiving federal assistance through grants or other types of transportation related funding, or are responsible for implementing Agency directives and policies to ensure civil rights compliance and equal opportunity. The Specialists works with the Public Works Director, County Engineer and Title VI Coordinator to ensure their respective division's programs comply with Title VI regulations and assurances, meet the objectives of the Title VI Plan, meet federal and state reporting requirements, Each of the Specialists will maintain data relative to their respective special emphasis program area. Information is compiled for reporting requirements. Page 1 28 NISONCOINTY OLYMPI a. „I„NT School Districts OI.I',HPIC =� NATIONAL Y PARK n:anosal. KITSAP . - FOHESF �'- :,fl:ll(lll�Tf l� f' r"IIPiRN» N�IIDfRhf SS � I / _ • ,�I! - <Dlrecro 101uH[1 Dlrtttor Dmtrltt` _. OLYMPIC O .eooer �mRp.r plena .,... NATIONAL r J r. G® WE S Fm?F4T Do-r mu !r � ' �.. t r•rrvm. s.�nnaa.,Rwn..r,..e I, - t R«me am•a DI.tHtt, o. .I Legend i Sum High y BaurM.ry T— ! �RIDeI R.ssrvilion Neoan,l FOreX eouM,ry LP ` II) Wtltlarrss Arr BauM,ry School Districts Hood C.., MCCm.ry JJ J J Aon..r h' Sn.Ron �� ' .r • e.v rr h. � Souduk. -- it«t.<u r rsewseorere•n.l.pv wprngs.Lh n«rm«.�bolb _ M.R «mtl byunt tle Meson Coy GIS D.phrM Ma wr„°r«ass ��N'�"• i + '.. '•� -. Mep Fi.m&ZD1I emipo-.aeyn ww�«.a.«.« were mb�� vm«s nbseM� �.v � 1 t... McRF'm:5d. c1S10 asras.md r..x,w wrm ca<oym.«rbar.rarn wieesimwew.o.«.ebn M.R cr«btl'n ArcG151D0 rmanma�or�..�am.rmr r<�emn.es�m.�ers°aar�gw�m GRAYS HARBOR COUNTY THURSTON COUNTY D + a s e s ""•"",'epO«1 b"ne""°°' M Page 29 MASON COUNTY ' COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2001 WHEREAS,on Mason County Road No.00610,known locally as the Homer Adams Road and more specifically located in Sec. 17, 18,T.20 N,R.6 W,WM,at approximately mile post 0.05 to 0.25; work defined as"construction"in the BARS Manual,Page II-63,et seq,is determined to be necessary and proper; and, WHEREAS,this project is identified on the officially adopted 2015 to 2020 Six Year Transportation Improvement Program and as 04 on the officially adopted Annual Construction Program. THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Remove the existing Decker Creek culvert in poor condition with a larger culvert that will also enable fish passage under the county roadway. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $50,000 Right of Way $ 15,000 Construction $ 250,000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.75.050,36.80.080 and 36.80.070. ADOPTED this 2111 day of Apri12015. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin,Chair ATTEST: �Iuv�-L Terri Jeffreys, a air Julie Almanzor,CI f the Tim Sheldon,Commissioner APPROVED AS TO FORM: Tim Whitehead, Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ. It: Page 30 CRP 2001- Homer Adams Road - Culvert Replacement Project N .05 MP-.25 MP I 0.20 I I j Q � i 0.1(Z i ILL 'W DECKERVILLE RD i o O �t Ce) N M M M I <O O CR 7 i — N N tZ W I Z 0.10 O Q C7 � C7 O Q Q /93"'� 0.20 ; W O i 4:30'`�.•'' W LUCAS LN/ 0.40 I 0.50 ElI. _ I 0 335 670 1,340 2,010 Feet ER I ri C ©':OpenStreetMap(and) re -BY-SAMap cont i contributors,CC-BY-SA 6�'-n�t Page 131 PROJECT REVIEW - TITLE VI COMPLIANCE Mason County must ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participating in, or be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance without regard to whether specific projects or services are federally funded. The County must ensure that all transit services and related benefits are distributed in an equitable manner. Recipients of Federal funds are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact- dependent standard, the starting point is an individualized assessment that balances the four factors analysis (see Q&A). 1. PROJECT TITLE: CRP 2001 Homer Adams Road— Decker Creek. 2. PROJECT DESCRIPTION:This culvert replacement project on Homer Adams Road (County Road Number 00610) involved the removal of the existing culvert in poor condition and replacing it with a larger culvert that will also allow fish passage. 3. DESIGN/ENVIRONMENT ACTIVITIES: Restoration Monitoring Plan for fish bearing crossing included a monitoring schedule: "This monitoring plan will be implemented for a minimum of 5 years following project construction. Documentation will be completed annually by December 31st each year of monitoring." 4. FUNDING: County Road Funds. 5. ANY WBWBE CONTRACTS? ❑ Y® N If yes please list: Click or tap here to enter text. REVIEW OF PROJECT DEMOGRAPHICS OF IMPACTED AREA: Download LEP population map and attached to form. You will use the map and current ESL data from the County school districts to answer the following questions. Environmental Justice Screening and Mapping Tool https://eiscreen.epa.,Rov/mapper/ (Select Location. Under pop-up select Get Census Report) County School District ESL data: https://washingtonstatereportcard.ospi.k12.wa.us County School District Map is on the County GIS Webpage. 6. DOES THE LEP POPULATION MAP SHOW LANGUAGE GROUP THAT EXCEEDS 5% OF THE SERVICE AREA OR 1,000 PERSONS? ❑Y ®N If yes, which ethnicity/race: Click or tap here to enter text. 7. IS LANGUAGE ASSISTANCE OR SPECIAL LANGUAGE NEEDS GOING TO BE NEEDED FOR THIS PROJECT? ❑Y ®N Page 1 32 Mk PROJECT REVIEW - TITLE VI COMPLIANCE 8. HOW DOES THIS PROJECT IMPACT THE COMMUNITY? This project will have a road closure from August 23, 2021 to approximately September 3, 2021. Detour signs will be used to guide local residents and emergency vehicles. 9. HOW WAS STATISTICAL DATA COLLECTED AND ANALYZED FOR THOSE IMPACTED BY THE PROJECT?We used the LEP and ESL data and the location of the project. Homer Adams Road is in a very rural part of Mason County. With no affect to LEP individuals and a was a short term project. 10. HOW WILL LOW INCOME AND LEP POPULATION GROUPS BE PROVIDED EQUAL OPPORTUNITY TO PARTICIPATE IN OUTREACH ACTIVITIES (EX. PROVIDING MATERIAL IN OTHER LANGUAGES, MET WITH SOCIAL SERVICES AGENCIES,ADVERTISE IN MINORITY PUBLICATIONS):This project only affected a few property owners on this county road. These owners were notified by door to door communication and questions regarding the project were answered. No interpreters were need during the notification process. 11. PLANNED PUBLIC OUTREACH ACTIVITIES FOR THE PROJECT (CHECK THOSE THAT WILL APPLY BELOW): ❑ Public meetings with break-out sessions ® Web Page/Social Media/Community billboards/Reader Boards ® Folios/Emails/Press Releases/Newsletters/Mailings/Television/Radio/Survey ❑ Workshops/Open houses/Presentation to local groups/Skype ❑ Advisory/Stakeholder/Community/Groups/ RTPO/MPO/Tribal ❑ Consultation/Governmental or Quasi-Governmental Meetings ❑ Not applicable for this project. ® Door to door communication with each property owner to talking about the project/road closure. ADDITIONAL COMMENTS: Project will be posted in local newspaper, County Facebook/County page and on local cable channel 3. 12. ANY CONSULTANT AGREEMENTS FOR PLANNING, DESIGN, ENGINEERING, ENVIRONMENTAL, ETC., IF SO LIST. Resolution 2021-020 approved the construction/purchase of the culvert from Contech Engineering Solutions as a sole manufacturer. The construction was completed with county forces. Page 33 PROJECT REVIEW - TITLE VI COMPLIANCE FREQUENTLY ASKED QUESTION REGARDING LEP GUIDANCE Question: Who are limited English proficient (LEP) persons? Answer: For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand. For purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter. Question: What is the four-factor analysis? Answer: Recipients are required to take reasonable steps to ensure meaningful access to LEP persons. This "reasonableness" standard is intended to be flexible and fact-dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As a starting point, a recipient may conduct an individualized assessment that balances the following four factors: 1.The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services); 2. The frequency with which LEP persons come into contact with the program; 3. The nature and importance of the program, activity, or service provided by the program; 4. The resources available and costs to the recipient. Question: What is expected of recipients under the Guidance? Answer: Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities. To do this, the recipient should: (1) conduct the four-factor analysis; (2) develop a Language Access Plan (LAP); and (3) provide appropriate language assistance. The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. Page 34 PROJECT REVIEW - TITLE VI COMPLIANCE Question: What are examples of language assistance? Answer: Language assistance that a recipient might provide to LEP persons includes, but is not limited to: • Oral interpretation services; • Bilingual staff; • Telephone service lines interpreter; • Written translation services; • Notices to staff and recipients of the availability of LEP services; or • Referrals to community liaisons proficient in the language of LEP persons. Question: Where can I find more information on LEP? Answer: You should review HUD's LEP Guidance. Additional information may also be obtained through the federal-wide LEP website and HUD's LEP website. Question: What is a safe harbor? Answer: A "safe harbor," in the context of this guidance, means that the recipient has undertaken efforts to comply with respect to the needed translation of vital written materials. If a recipient conducts the four-factor analysis, determines that translated documents are needed by LEP applicants or beneficiaries, adopts a LAP that specifies the translation of vital materials, and makes the necessary translations, then the recipient provides strong evidence, in its records or in reports to the agency providing federal financial assistance, that it has made reasonable efforts to provide written language assistance. Question: What is a Language Access Plan (LAP) and what are the elements of an effective LAP? Answer: After completing the four-factor analysis and deciding what language assistance services are appropriate, a recipient may develop an implementation plan or LAP to address identified needs of the LEP populations it serves. Some elements that may be helpful in designing an LAP include: • Identifying LEP persons who need language assistance and the specific language assistance that is needed; • Identifying the points and types of contact the agency and staff may have with LEP persons; • Identifying ways in which language assistance will be provided; • Outreaching effectively to the LEP community; • Training staff; • Determining which documents and informational materials are vital; Page 35 1W PROJECT REVIEW - TITLE VI COMPLIANCE • Translating informational materials in identified language(s)that detail services and activities provided to beneficiaries (e.g., model leases,tenants' rights and responsibilities brochures,fair housing materials,first-time homebuyer guide); • Providing appropriately translated notices to LEP persons (e.g., eviction notices,security information, emergency plans); • Providing interpreters for large, medium,small, and one-on-one meetings; • Developing community resources, partnerships, and other relationships to help with the provision of language services; and • Making provisions for monitoring and updating the LAP, including seeking input from beneficiaries and the community on how it is working and on what other actions should be taken. Question: What "safe harbors" may recipients follow to ensure they have no compliance finding with Title VI LEP obligations? Answer: The table below sets forth safe harbors for written translations. Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more in the eligible population in the market area or Translated vital documents among current beneficiaries More than 5%of the eligible population or Translated vital documents beneficiaries and more than 50 in number More than 5%of the eligible population or Translated written notice of right to receive free beneficiaries and 50 or less in oral interpretation of documents. number 5% or less of the eligible population or beneficiaries and less than 1,000 No written translation is required. in number Page 36 PROJECT LOCATION IDENTIFICATION/RACIAL COMPOSITION MAP CRP 2001 -HOMER ADAMS ROAD CULVERT REPLACEMENT PROJECT Justice Map:Visualize race and income for your community and country)242QEarly_,RgI P. Homo,Adams Road 'Go � �, Advancod 61odo { � Iwo I.aym.! Amarl—Indaw I AW-181ad_HNp,— Whi.Na—i i— ;;nno pl�ain Irrmma 8.,:.1.1.i� ,l. Satellite openstleetMap ` Who LIVK N..rby a / selected 0.05 m8ea 2.11. block Amerkan Indian 1 91; /AL AS— PROJECT LOCATION bl"� Hispanic slander !,1ulnRaUeI 15.8% 3.9% _I Nonwhit. 158% 5.2% MA. 84 2% 94 8% N iRi�en.�•- Populelcr 19 T7 inwm,. $49090 ' i - - Annanwrarra:mi.a1 O Automatic Demographics O ■' - Detevlra5t.�.0 Page 37 NOTICE ROAD CLOSURE ON HOMER ADAMS ROAD CULVERT REPLACEMENT PROJECT COUNTY ROAD PROJECT 2001 NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010,Homer Adams Road shall be closed to all through traffic at approximately MP 0.05 to MP 0.25 to replace the existing Decker Creek culvert. The closure is scheduled to begin at 7:00am Monday, August 23, 2021 and reopen at approximately 4:00pm,Friday, September 3. 2021. Detour signs will guide local residence and emergency vehicles around the closures through Green Diamond properties. For more information,contact Public Works at(360)427-9670, Ext.450. Dated this 17th day of August,2021. DEPARTMENT OF PUBLIC WORKS MASON COUNTY,WASHINGTON Kelle Medcalf, PW Office Administrator — cc: Commissioners Engineer JOURNAL: Publ. It.: 8/19/21 (Bill Road Dept.) POST: At Least three (3) days prior to closure. Page 38 8 0 I 1 yy Ii, AP .vt ® 1 1 i 1 0.125 0.25 0.5 1 j iq Am EPA EJSCREEN ACS Summary ReportIm Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2001-Homer Adams Road Summary of ACS Estimates Population 41 Population Density(per sq.mile) 29 People of Color Population 4 %People of Color Population 10% Households 12 Housing Units 15 Housing Units Built Before 1950 1 Per Capita Income 24,859 Land Area(sq.miles)(source:SF1) 1.45 %Land Area 100% Water Area (sq.miles)(Source:SF1) 0.00 %Water Area 0% (±) ACS Estimates Percent MOE Population by Race Total 41 100% 396 Population Reporting One Race 40 97% 514 White 38 91% 375 Black 0 0% 12 American Indian 1 3% 40 Asian 1 2% 63 Pacific Islander 0 0% 12 Some Other Race 0 0% 12 Population Reporting Two or More Races 1 3% 39 Total Hispanic Population 1 1% 33 Total Non-Hispanic Population 41 White Alone 37 90% 370 Black Alone 0 0% 12 American Indian Alone 1 3% 40 Non-Hispanic Asian Alone 1 2% 63 Pacific Islander Alone 0 0% 12 Other Race Alone 0 0% 12 Two or More Races Alone 1 3% 36 Population by Sex Male 22 54% 251 Female 19 46% 193 Population by Age Age 0-4 2 5% 82 Age 0-17 6 15% 119 Age 18+ 35 85% 245 Age 65+ 9 22% 120 Data Note:Detail may not sum to totals due to rounding. Hispanic population can be of any race. N/A meansnot available.Source:U.S.Census Bureau,American Community Survey(ACS)2014-2018 February 01,2022 Page 140 1/3 /EPA °° ° EJSCREEN ACS Summary Report Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2001-Homer Adams Road (±) ACS Estimates Percent MOE Population 25+by Educational Attainment Total 32 100% 274 Less than 9th Grade 1 3% 39 9th-12th Grade, No Diploma 2 5% 46 High School Graduate 14 43% 132 Some College, No Degree 13 40% 155 Associate Degree 4 11% 75 Bachelor's Degree or more 3 10% 73 Population Age 5+Years by Ability to Speak English Total 39 100% 364 Speak only English 38 97% 358 Non-English at Home"2+3.4 1 3% 41 'Speak English"very well" 1 3% 41 Speak English"well" 0 0% 12 3Speak English"not well" 0 0% 12 'Speak English"not at all" 0 0% 12 31Speak English "less than well" 0 0% 12 '+`Speak English "less than very well" 0 0% 12 Linguistically Isolated Households' Total 0 0% 12 Speak Spanish 0 0% 12 Speak Other Indo-European Languages 0 0% 12 Speak Asian-Pacific Island Languages 0 0% 12 Speak Other Languages 0 0% 12 Households by Household Income Household Income Base 12 100% 141 <$15,000 3 23% 77 $15,000-$25,000 2 21% 89 $25,000-$50,000 1 11% 38 $50,000-$75,000 1 11% 38 $75,000+ 4 33% 94 Occupied Housing Units by Tenure Total 12 100% 141 Owner Occupied 10 86% 145 Renter Occupied 2 14% 52 Employed Population Age 16+Years Total 36 10050 318 In Labor Force 15 42% 242 Civilian Unemployed in Labor Force 3 7% 80 Not In Labor Force 21 58% 226 Data Note: Datail may not sum to totals due to rounding. Hispanic population can be of anyrace. N/A means not available.Source:U.S.Census Bureau,American Community Survey(ACS) *Households in which no one 14 and over speaks English"very well"or speaks English only. February 01,2022 Page 1 41 2/3 EISCREEN ACS Summary Report Im Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2001-Homer Adams Road ACS Estimates Percent MOE(±) Population by Language Spoken at Home* Total (persons age 5 and above) N/A N/A N/A English N/A N/A N/A Spanish N/A N/A N/A French N/A N/A N/A French Creole N/A N/A N/A Italian N/A N/A N/A Portuguese N/A N/A N/A German N/A N/A N/A Yiddish N/A N/A N/A Other West Germanic N/A N/A N/A Scandinavian N/A N/A N/A Greek N/A N/A N/A Russian N/A N/A N/A Polish N/A N/A N/A Serbo-Croatian N/A N/A N/A Other Slavic N/A N/A N/A Armenian N/A N/A N/A Persian N/A N/A N/A Gujarathi N/A N/A N/A Hindi N/A N/A N/A Urdu N/A N/A N/A Other Indic N/A N/A N/A Other Indo-European N/A N/A N/A Chinese N/A N/A N/A Japanese N/A N/A N/A Korean N/A N/A N/A Mon-Khmer,Cambodian N/A N/A N/A Hmong N/A N/A N/A Thai N/A N/A N/A Laotian N/A N/A N/A Vietnamese N/A N/A N/A Other Asian N/A N/A N/A Tagalog N/A N/A N/A Other Pacific Island N/A N/A N/A Navajo N/A N/A N/A Other Native American N/A N/A N/A Hungarian N/A N/A N/A Arabic N/A N/A N/A Hebrew N/A N/A N/A African N/A N/A N/A Other and non-specified N/A N/A N/A Total Non-English N/A N/A N/A Data Note:Detail may not sum to totals due to rounding.Hispanic popultion can be of any race. N/A meansnot available.Source: U.S.Census Bureau,American Community Survey(ACS)2014-2018. *Population by Language Spoken at Home is available at the census tract summary level and up. February 01,2022 Page 1 42 3/3 MASON COUNTY L_ COMMISSIONERS RESOLUTION NO: (/T COUNTY ROAD PROJECT NO. 2006 WHEREAS,on Mason County Road No.79800, known locally as the Bear Creek Dewatto Road and more specifically located in Sec. 1,2,3, T.23 N, R.2 W,WM,at approximately mile post 5_2 to 6_7; work defined as"construction"in the BARS Manual,Page II-63,et seq,is determined to be necessary and proper; and, WHEREAS,this project is identified on the officially adopted 2016 to 2021 Six Year Transportation Improvement Program and as 02 on the officially adopted Annual Construction Program. THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Reconstruct the shoulders,ditches,side slopes and clear zone on Bear Creek Dewatto Road. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $ 45,000 Right of Way $ 7,000 Construction $221,000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.75.050,36.80.080 and 36.80.070. ADOPTED thisZ day of 1?b 2016. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Terri Jeffreys,, ATTEST: C*AV r Tim Sheldon Vice Chair Ju ' Almanzor,Clerk of the B and Randy IIJ4atherlin,Commissioner APPROVED AS TO FORM: �TimWh�itehe, , Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ. It: Page 43 CRP2006- Bear Creek Dewatto Road — Clear Zone Project N 5.20 MP- 6.70 MP I I I \ I ` i I NE Be,PR Ci '5r0 _� �• O I / i N -o l: �v O i NE SMITHY I FOR GE LN-- ti �tvi i✓ i Q a��, • G�4( % 50 i 6 `,0� 80 10 --------------- ---- I •60 FSjOFS 2 t i a 1'Vq y S0 W I ,2 � i 8, M1, 0 700 1,400 2,800 4,200 Tahuyq Feet RE -Store Forest I ri C ©OpenStreetMap(an p t tMap d) •a30 6ree cont c contributors„CC-BY-SA age 1414 dikL PROJECT REVIEW - TITLE VI COMPLIANCE Mason County must ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participating in, or be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance without regard to whether specific projects or services are federally funded. The County must ensure that all transit services and related benefits are distributed in an equitable manner. Recipients of Federal funds are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact- dependent standard, the starting point is an individualized assessment that balances the four factors analysis (see Q&A). 1. PROJECT TITLE: CRP 2006 Bear Creek Dewatto Clear Zone Project (MP 3.6 to MP 5.1) 2. PROJECT DESCRIPTION: Improve clear zone by slope flattening, adding/upgrading guardrail. 3. DESIGN/ENVIRONMENT ACTIVITIES: NEPA was completed on May 29, 2019: NEPA: Improve the clear zone on Bear Creek Dewatto Rd. Work along the existing roadway shoulders, at various locations within the project limits,will include side slope flattening by filling and grading side slopes (with 10' approximate depth of excavation), clearing and grubbing, and adding and/or upgrading some safety features, above ground drainage work, utility relocation work may be required at various locations within the cut/fill excavation areas. It is anticipated that no work will occur within the riparian zone. 4. FUNDING: Brian Abbot FBRB, HSIP-23B(002) and local funds. 5. ANY WBWBE CONTRACTS? ® Y ❑N If yes please list: DBE/COA Ball and Son, Briar Group, Inc. and AGS and M2 Industrial were subcontracted by Rodarte, LLC., Prime Contractor. REVIEW OF PROJECT DEMOGRAPHICS OF IMPACTED AREA: Download LEP population map and attached to form. You will use the map and current ESL data from the County school districts to answer the following questions. Environmental Justice Screening and Mapping Tool https://eiscreen.epa.gov/mapper/ (Select Location. Under pop-up select Get Census Report) County School District ESL data: https://washingtonstatereportcard.ospi.kl2.wa.us County School District Map is on the County GIS Webpage. 6. DOES THE LEP POPULATION MAP SHOW LANGUAGE GROUP THAT EXCEEDS 5%OF THE SERVICE AREA OR 1,000 PERSONS? ❑ Y ® N If yes, which ethnicity/race: Click or tap here to enter text. 7. IS LANGUAGE ASSISTANCE OR SPECIAL LANGUAGE NEEDS GOING TO BE NEEDED FOR THIS PROJECT? ❑Y® N Page 1 45 PROJECT REVIEW - TITLE VI COMPLIANCE 8. HOW DOES THIS PROJECT IMPACT THE COMMUNITY? Traffic will be diverted to one lane during construction. 9. HOW WAS STATISTICAL DATA COLLECTED AND ANALYZED FOR THOSE IMPACTED BY THE PROJECT? N/A 10. HOW WILL LOW INCOME AND LEP POPULATION GROUPS BE PROVIDED EQUAL OPPORTUNITY TO PARTICIPATE IN OUTREACH ACTIVITIES (EX. PROVIDING MATERIAL IN OTHER LANGUAGES, MET WITH SOCIAL SERVICES AGENCIES,ADVERTISE IN MINORITY PUBLICATIONS): Low impact project. 11. PLANNED PUBLIC OUTREACH ACTIVITIES FOR THE PROJECT (CHECK THOSE THAT WILL APPLY BELOW): ❑ Public meetings with break-out sessions ® Web Page/Reader Boards/Project CRP Notice in Paper ❑ Folios/Emails/Press Releases/Newsletters/Mailings/Television/Radio/Survey ❑ Workshops/Open houses/Presentation to local groups/Skype ❑ Advisory/Stakeholder/Community/Groups/ RTPO/MPO/Tribal ❑ Consultation/Governmental or Quasi-Governmental Meetings ® Not applicable for this project. ADDITIONAL COMMENTS:This project was advertised in two publications for three weeks and on the Public Works—Roads webpage. 12. ANY CONSULTANT AGREEMENTS FOR PLANNING, DESIGN, ENGINEERING, ENVIRONMENTAL, ETC., IF SO LIST. N/A. Page 46 PROJECT REVIEW - TITLE VI COMPLIANCE FREQUENTLY ASKED QUESTION REGARDING LEP GUIDANCE Question: Who are limited English proficient (LEP) persons? Answer: For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand. For purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter. Question: What is the four-factor analysis? Answer: Recipients are required to take reasonable steps to ensure meaningful access to LEP persons.This "reasonableness" standard is intended to be flexible and fact-dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As a starting point, a recipient may conduct an individualized assessment that balances the following four factors: The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services); The frequency with which LEP persons come into contact with the program; The nature and importance of the program, activity, or service provided by the program; The resources available and costs to the recipient. Question: What is expected of recipients under the Guidance? Answer: Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities.To do this, the recipient should: (1) conduct the four-factor analysis; (2) develop a Language Access Plan (LAP); and (3) provide appropriate language assistance. The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. Page 47 0 PROJECT REVIEW - TITLE VI COMPLIANCE Question: What are examples of language assistance? Answer: Language assistance that a recipient might provide to LEP persons includes, but is not limited to: • Oral interpretation services; • Bilingual staff; • Telephone service lines interpreter; • Written translation services; • Notices to staff and recipients of the availability of LEP services;or • Referrals to community liaisons proficient in the language of LEP persons. Question: Where can I find more information on LEP? Answer: You should review HUD's LEP Guidance. Additional information may also be obtained through the federal-wide LEP website and HUD's LEP website. Question: What is a safe harbor? Answer: A "safe harbor," in the context of this guidance, means that the recipient has undertaken efforts to comply with respect to the needed translation of vital written materials. If a recipient conducts the four-factor analysis, determines that translated documents are needed by LEP applicants or beneficiaries, adopts an LAP that specifies the translation of vital materials, and makes the necessary translations, then the recipient provides strong evidence, in its records or in reports to the agency providing federal financial assistance, that it has made reasonable efforts to provide written language assistance. Question: What is a Language Access Plan (LAP) and what are the elements of an effective LAP? Answer: After completing the four-factor analysis and deciding what language assistance services are appropriate, a recipient may develop an implementation plan or LAP to address identified needs of the LEP populations it serves. Some elements that may be helpful in designing an LAP include: • Identifying LEP persons who need language assistance and the specific language assistance that is needed; • Identifying the points and types of contact the agency and staff may have with LEP persons; • Identifying ways in which language assistance will be provided; • Outreaching effectively to the LEP community; • Training staff; • Determining which documents and informational materials are vital; Page 48 4W PROJECT REVIEW - TITLE VI COMPLIANCE • Translating informational materials in identified language(s)that detail services and activities provided to beneficiaries (e.g., model leases,tenants' rights and responsibilities brochures,fair housing materials,first-time homebuyer guide); • Providing appropriately translated notices to LEP persons (e.g., eviction notices, security information, emergency plans); • Providing interpreters for large, medium,small, and one-on-one meetings; • Developing community resources, partnerships,and other relationships to help with the provision of language services; and • Making provisions for monitoring and updating the LAP, including seeking input from beneficiaries and the community on how it is working and on what other actions should be taken. Question: What "safe harbors" may recipients follow to ensure they have no compliance finding with Title VI LEP obligations? Answer: The table below sets forth safe harbors for written translations. Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more in the eligible population in the market area or Translated vital documents among current beneficiaries More than 5% of the eligible population or Translated vital documents beneficiaries and more than 50 in number More than 5%of the eligible population or Translated written notice of right to receive free beneficiaries and 50 or less in oral interpretation of documents. number 5% or less of the eligible population or beneficiaries and less than 1,000 No written translation is required. in number Page 49 NOTICE TO BIDDERS COUNTY OF MASON DEPARTMENT OF PUBLIC WORKS SHELTON, WASHINGTON CRP 2006, BEAR CREEK DEWATTO CLEAR ZONE SEALED BIDS will be received for the improvement of Bear Creek Dewatto, Road No 79800, MP 3.5-5.1 vicinity, CRP 2006 (Range $ 550,000.00 to 650,000.00), at the office of the County Commissioners, located in Building 1, 411 North 51h Street, Shelton, Washington, 98584, until 10:00 a.m., Friday, June 18, 2021. Submitted bids will be publicly opened and read in the Commissioner Chambers, Building I, immediately thereafter. Sealed Bids received after the specified opening time will not be accepted. MAJOR BID ITEMS will include: Mobilization, Clearing and Grubbing, Roadway Excavation including haul, Crushed Aggregate and other items in conformance with the 2021 WSDOT Standard Specifications, and the Special Provisions for this project. Bid Documents are made available as follows: Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "Mason County". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders "Register' in order to receive automatic e-mail notification of future addenda and to place themselves on the "Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258- 1303 should you require assistance with access or registration. ALL BID PROPOSALS shall be accompanied by a bid proposal deposit in the form of a Surety Bond, Cash, Cashier's Check, or Certified Check in an amount equal to five percent (5%) of the amount of such bid proposal. The Proposal Bond shall be on DOT Form 272-001A revised 07/2011 for Local Agency Use. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the Specifications, the bid proposal deposit shall be forfeited to Mason County. ALL BID PROPOSALS must be in writing, on forms furnished from Builder's Exchange of Washington, with the Builder's Exchange disclaimer footer in the margin of each page and along with proposal deposit, placed and sealed in an 12 x 9 envelope, with an indication on the front bottom left corner of said envelope, the project name and date of bid opening, and then filed with the Clerk of the Board of County Commissioners on or before the day and hour above-mentioned. Mason County Public Works 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 insure 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. Mason County 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 related statues, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Mason County program or activity. For more information, please contact Mason County Public Works at (360) 427-9670, Ext. 460. NOTICE TO BIDDERS Page 1 of 2 BEAR CREEK DEWATTO CLEAR ZONE, MP 3.5 TO MP 5.1 CRP 2006, Road #79800 Page 150 Conado de Mason y El Departamento de Obras Publicas del Condado de Mason garantiza que ninguna persona sera excluida de participar, no se le denegaran beneficios, ni estara de otra manera sujeta a discriminacion en cualquier programa o actividad de la Conado de Mason y El Departamento de Obras Publicas del Condado de Mason, por motivos de raza, color, origen nacional o sexo, segun to previsto en al Articulo VI de Ley Derechos Civiles de 1964 y los estatutos relacionados. THE BOARD OF MASON COUNTY COMMISSIONERS reserves the right to accept or reject bids on each item separately or as a whole, to reject any or all bids, to waive informalities and to contract as to the best interest of Mason County. DATED this 24' day of May 2021. MASON COUNTY PUBLIC WORKS MASON COUNTY, WASHINGTON Lucy Castillo PUBLIC WORKS REPRESENTATIVE cc: Cmmrs. Engineer JOURNAL: Publ. 3t: 05/27/21; 06/03/21; 06/10/21 (Bill Rd. Dept.) Journal Shelton: jlegals@masoncounty.com JOURNAL OF COMMERCE: Publ. 3t: 05/27/21; 06/03/21; 06/10/21 Journal of Commerce Seattle, Legal Dept: legals@djc.com> NOTICE TO BIDDERS Page 2 of 2 BEAR CREEK DEWATTO CLEAR ZONE, MP 3.5 TO MP 5.1 CRP 2006, Road#79800 Page 51 BID TABULATION SHEET CRP 2006 Bear Creek Dewatto Page 1 Clear Zone Project Construction Corp. Sterling Breen Crushing,Inc. Madison Enterprises Rodarte Construction,Inc. Rognlin's,Inc. Active Construction,Inc. 887 State Route 507 15775 George Ln NE,Ste 210 17 East Valley E. 321 W State Street PO Box 430 BID OPENING: Centralia,WA 98531 Poulsbo,WA 98370 Auburn,WA 98092 Aberdeen,WA 98520 Puyallup,WA 98371 June 18,2021 10:00am ENGINEERS BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 BIDDER NO: 5 ESTIMATE BOND/ADD? yes BOND/ADD? yes BOND/ADD? yes BOND/ADD? yes BOND/ADD? yes ITEM ITEM PLANNED UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION UNIT UANTIT PRICE TOTAL PRICE TOTAL PRICE I TOTAL PRICE I TOTAL PRICE TOTAL PRICE I TOTAL 1 MOBILIZATION LS 1 $43,228.64 $43,228.64 $85,280.00 $85,280.00 $21,230.00 $21,230.00 $55,000.00 $55,000.00 $65,000.00 $65.000.00 $84,546.60 $84,546.60 2 CLEARING AND GRUBBING LS 1 $5,000.00 $31,550.00 $61,850.00 $61,850.00 $35,210.00 $35,210.00 $30,000.00 $30,000.00 $20,000.00 $20,000.00 $120,000.00 $120,000.00 3 ROADWAY EXCAVATION INCL. CY 5090.00 $12.00 $61,090.00 $23.00 $117,070.00 $22.53 $114,677.70 $24.00 $122,160.00 $18.00 $91,620.00 $21.25 $108,162.50 HAUL 4 SHOULDER LEVELING SY 531 $1.00 $673.35 $21.00 $14,140.35 $15.00 $10,100.25 $7.00 $4,713.45 $8.00 $5,386.80 $14.00 $9,426.90 5 QUARRY SPALLS EST 1 $60.00 $21,300.00 $54.00 $19,170.00 $45.30 $16,081.50 $90.00 $31,950.00 $50.00 $17,750.00 $125.00 $44,375.00 6 SCHEDULE A CULV.PIPE 18" Ton 3307 $120.00 $11,400.00 $153.00 $14,535.00 $179.50 $17,052.50 $147.00 $13,965.00 $100.00 $9,500.00 $160.00 $15,200.00 DIAMETER 7 COMMERCIAL HMA Ton 35 $300.00 $1,500.00 $570.00 $2,850.00 $517.00 $2,585.00 $500.00 $2,500.00 $600.00 $3,000.00 $1,100.00 $5,500.00 8 CRUSHED SURFACING BASE LF 321 $50.00 $206,250.00 $36.00 $148,500.00 $46.85 $193,256.25 $32.00 $132,000.00 $40.00 $165,000.00 $44.00 $181,500.00 COURSE 9 ESC LF 2866 $150.00 $1,200.00 $650.00 $5,200.00 $252.00 $2,016.00 $100.00 $800.00 $200.00 $1,600.00 $1.00 $8.00 10 SILT FENCE LF 2400 $4.70 $9,418.80 $5.00 $10,020.00 $5.84 $11,703.36 $4.50 $9,018.00 $6.00 $12,024.00 $6.00 $12,024.00 11 WATTLE EA 12 $8.00 $4,320.00 $4.50 $2,430.00 $4.91 $2,651.40 $4.25 $2,295.00 $5.00 $2,700.00 $11.50 $6,210.00 12 EROSION/WATER POLLUTION EST 10000 $10,000.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 CONTROL 13 SEEDING,FERTILIZING AND LF 22675 $4,500.00 $20,250.00 $27,700.00 $27,700.00 $28,946.00 $28,946.00 $15,000.00 $15,000.00 $20,000.00 $20,000.00 $30,000.00 $30,000.00 MULCHING 14 BEAM GUARD TYPE 31 NON- LF 47 $3,200.00 $19,200.00 $3,690.00 $22,140.00 $3,817.00 $22,902.00 $4,500.00 $27,000.00 $4,500.00 $27,000.00 $4,800.00 $28,800.00 FLARED TERMINAL. 15 BEAM GUARD.TYPE 31 LF 7269 $30.00 $16,500.00 $54.00 $29,700.00 $5,588.00 $30,734.00 $35.00 $19,250.00 $40.00 $22,000.00 $54.00 $29,700.00 16 PROJECT TEMPORARY TRAFFIC HR 2784 $86,400.00 $86,400.00 $101,700.00 $101,700.00 $70,875.00 $70,875.00 $65,000.00 $65,000.00 $80,000.00 $80,000.00 $125,000.00 $125,000.00 CONTROL 17 TRAFFIC CONTROL LS 1 $21,600.00 $21,600.00 $36,650.00 $36.650.00 $59,647.00 $59,647.00 $10,000.00 $10,000.00 $40,000.00 $40,000.00 $50,000.00 $50,000.00 SUPERVISOR 18 CONSTRUCTIOAN SIGNS CLASS LS 1 $48.30 $6,037.50 $50.00 $6,250.00 $31.58 $3,947.50 $30.00 $3,750.00 $35.00 $4,375.00 $45.00 $5,625.00 19 ROCK FOR ROCK WALL SF 141 $4.50 $1,178.34 $540.00 $2,430.00 $551.00 $2,479.50 $800.00 $3,600.00 $300.00 $1,350.00 $600.00 $2,700.00 20 ROADSIDE CLEANUP EST 10000 $10,000.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 21 SPCC PLAN LS 1 $500.00 $500.00 $855.00 $855.00 $398.00 $398.00 $100.00 $100.00 $1,000.00 $1,000.00 $100.00 $100.00 TOTAL: $583,586.63 TOTAL: $728,470.35 TOTAL: $666,492.96 TOTAL: $568,101.45 TOTAL: $609,305.80 TOTAL: $878,878.00 APPARENT LOW BIDDER:RODARTE CONSTRUCTION,INC. Page 152 EPA EJSCREEN ACS Summary ReportdM Location: User-specified point center at 47.497765,-122.917075 Ring(buffer): 2-miles radius Description: CRP 2006 Bear Creek Dewatto Clear Zone Summary of ACS Estimates Population 457 Population Density(per sq.mile) 51 People of Color Population 95 %People of Color Population 21% Households 142 Housing Units 258 Housing Units Built Before 1950 3 Per Capita Income 42,143 Land Area(sq.miles)(Source:SFi) 8.88 %Land Area 94% Water Area (sq.miles)(Source:SF1) 0.56 %Water Area 6% (±) ACS Estimates Percent MOE Population by Race Total 457 100% 525 Population Reporting One Race 452 99% 1,014 White 363 79% 449 Black 3 1% 104 American Indian 0 0% 12 Asian 5 1% 31 Pacific Islander 0 0% 12 Some Other Race 81 18% 406 Population Reporting Two or More Races 5 1% 63 Total Hispanic Population 81 18% 406 Total Non-Hispanic Population 376 White Alone 362 79% 449 Black Alone 3 1% 104 American Indian Alone 0 0% 12 Non-Hispanic Asian Alone 5 1% 31 Pacific Islander Alone 0 0% 12 Other Race Alone 0 0% 12 Two or More Races Alone 5 1% 63 Population by Sex Male 255 56% 329 Female 202 44% 292 Population by Age Age 0-4 14 3% 124 Age 0-17 109 24% 209 Age 18+ 348 76% 270 Age 65+ 95 21% 142 Data Note:Detail may not sum to totals due to rounding. Hispanic population can be of any race. N/A meansnot available.Source:U.S.Census Bureau,American Community Survey(ACS)2014-2018 February 18,2021 Page 153 1/3 V=/EPA kvtw " EJSCREEN ACS Summary Report Location: User-specified point center at 47.497765,-122.917075 Ring(buffer): 2-miles radius Description: CRP 2006 Bear Creek Dewatto Clear Zone (±) ACS Estimates Percent MOE Population 25+by Educational Attainment Total 324 100% 293 Less than 9th Grade 29 9% 99 9th-12th Grade,No Diploma 21 7% 108 High School Graduate 68 21% 129 Some College,No Degree 155 48% 168 Associate Degree 34 11% 91 Bachelor's Degree or more 51 16% 126 Population Age 5+Years by Ability to Speak English Total 443 100% 476 Speak only English 370 84% 347 Non-English at Home'+z+3+4 72 16% 245 'Speak English"very well" 31 7% 155 'Speak English"well" 32 7% 102 3Speak English"not well" 9 2% 50 °Speak English"not at all" 0 0% 12 3+4Speak English"less than well" 9 2% 50 1+3+4Speak English "less than very well" 41 9% 113 Linguistically Isolated Households Total 1 100% 15 Speak Spanish 0 0% 12 Speak Other Indo-European Languages 0 0% 12 Speak Asian-Pacific Island Languages 1 100% 12 Speak Other Languages 0 0% 12 Households by Household Income Household Income Base 142 100% 174 <$15,000 12 8% 66 $15,000-$25,000 39 28% 131 $25,000-$50,000 17 12% 121 $50,000-$75,000 35 24% 114 $75,000+ 40 28% 150 Occupied Housing Units by Tenure Total 142 100% 174 Owner Occupied 94 66% 139 Renter Occupied 48 34% 136 Employed Population Age 16+Years Total 367 100% 337 In Labor Force 188 51% 261 Civilian Unemployed in Labor Force 25 7% 94 Not In Labor Force 179 49% 211 Data Note: Datail may not sum to totals due to rounding. Hispanic population can be of anyrace. N/A means not available.Source:U.S.Census Bureau,American Community Survey(ACS) *Households in which no one 14 and over speaks English"very well"or speaks English only. February 18,2021 Page 154 2/3 �71►EPA�' EJSCREEN ACS Summary Reportin Location: User-specified point center at 47.497765,-122.917075 Ring(buffer): 2-miles radius Description: CRP 2006 Bear Creek Dewatto Clear Zone ACS Estimates Percent MOE(±) Population by Language Spoken at Home' Total(persons age 5 and above) 1,578 100% 682 English 1,465 93% 589 Spanish 97 6% 350 French 0 0% 33 French Creole N/A N/A N/A Italian N/A N/A N/A Portuguese N/A N/A N/A German 0 0% 17 Yiddish N/A N/A N/A Other West Germanic N/A N/A N/A Scandinavian N/A N/A N/A Greek N/A N/A N/A Russian N/A N/A N/A Polish N/A N/A N/A Serbo-Croatian N/A N/A N/A Other Slavic N/A N/A N/A Armenian N/A N/A N/A Persian N/A N/A N/A Gujarathi N/A N/A N/A Hindi N/A N/A N/A Urdu N/A N/A N/A Other Indic N/A N/A N/A Other Indo-European 8 0% 33 Chinese 0 0% 17 Japanese N/A N/A N/A Korean 0 0% 17 Mon-Khmer,Cambodian N/A N/A N/A Hmong N/A N/A N/A Thai N/A N/A N/A Laotian N/A N/A N/A Vietnamese 0 0% 17 Other Asian 5 0% 28 Tagalog 3 0% 17 Other Pacific Island N/A N/A N/A Navajo N/A N/A N/A Other Native American N/A N/A N/A Hungarian N/A N/A N/A Arabic 0 0% 17 Hebrew N/A N/A N/A African N/A N/A N/A Other and non-specified 0 0% 17 Total Non-English 113 7% 901 Data Note:Detail may not sum to totals due to rounding.Hispanic popultion can be of any race. N/A meansnot available.Source: U.S.Census Bureau,American Community Survey(ACS)2014-2018. `Population by Language Spoken at Home is available at the census tract summary level and up. February 18,2021 Page 155 3/3 MASON COUNTY `I Q COMMISSIONERS RESOLUTION NO:��I COUNTY ROAD PROJECT NO. 2024 WHEREAS,on Mason County Road No.04450 known locally as the Highland Road— Dayton Creek Culvert Replacement and more specifically located in Sec.18,T20N.R4W.WM,at approximately mile post 0.33;work defined as"construction'in the BARS Manual,Page H-63,et seq,is determined to be necessary and proper;and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Removing the existing undersized culvert to improve fish passaj!c and increase safety by reducing roadway floodine concerns. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County. (RCW 36.77.060 and/or RCW 26.77.065) BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $60,000 Right of Way $10,000 Construction 4$ 30,000 The County Road project herein described is HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq. ADOPTED this -Srtcl day of2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WAC HINGTON Kevin Shuttil—ch ur ATTEST: vv Sharon TrasK Vice Chair Me ss wry,Zlerk cN the Board RancVNeatherlin,Com'baissioner APPROVED AS TO FORM: Tim Whitehead, Deputy Prosecuting Attorney cc: Co.Commissioners Printed Frorit%g slanttC i y DMS Page 56 Printed from Mason County DMS Goldsborough Watershed Dayton Creek - Highland Road (MP 0.33) FBRB Watershed Pathway Grant Program 2019-2021 DAYTONXTRA III LS DR!- 0 PA k RT Rod CD y�p� SST, G LAPU ST' SHELTON M w CRP 2024 -. .. ; 0 - �� :_1F o Y-f u eek _ . r cota d a+ z RELLER RD' r Legend Miles g 0 0.25 0.5 1 1.5 2 0 Culvert Replacement Project Private Road r-----, Stream (NHD) L____i County Boundary Unnamed Stream (NHD) County Road Mason County Public Works Department Page 157 PROJECT REVIEW - TITLE VI COMPLIANCE Mason County must ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participating in, or be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance without regard to whether specific projects or services are federally funded. The County must ensure that all transit services and related benefits are distributed in an equitable manner. Recipients of Federal funds are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact- dependent standard, the starting point is an individualized assessment that balances the four factors analysis (see Q&A). 1. PROJECT TITLE: CRP 2024 Highland-Dayton Culvert Replacement. 2. PROJECT DESCRIPTION: Removal of the existing undersized culvert to improve fish passage and increase safety by reducing roadway flooding concerns. 3. DESIGN/ENVIRONMENT ACTIVITIES: Culvert material awarded to Jensen Precast and planned to be completed by September 24, 2021. County Forces will complete the installation. 4. FUNDING: RCO Grant. 5. ANY WBWBE CONTRACTS? ❑ Y®N If yes please list: Click or tap here to enter text. REVIEW OF PROJECT DEMOGRAPHICS OF IMPACTED AREA: Download LEP population map and attached to form. You will use the map and current ESL data from the County school districts to answer the following questions. Environmental Justice Screening and Mapping Tool https://eiscreen.epa.gov/mapper/` (Select Location. Under pop-up select Get Census Report) County School District ESL data: https://washingtonstatereportcard.ospi.kl2.wa.us County School District Map is on the County GIS Webpage. 6. DOES THE LEP POPULATION MAP OR SCHOOL DISTRICT SHOW LANGUAGE GROUP THAT EXCEEDS 5% OF THE SERVICE AREA OR 1,000 PERSONS? ❑ Y ❑ N If yes, which ethnicity /race: Hispanic. ESL data for this school district provides a higher LEP population than the EJ map reflected. 7. IS LANGUAGE ASSISTANCE OR SPECIAL LANGUAGE NEEDS GOING TO BE NEEDED FOR THIS PROJECT?® Y ❑ N - Road closure notification flyers need to be sent out in English and Spanish; County will use google translator and in-house bi-lingual staff. Page 1 58 0 PROJECT REVIEW - TITLE VI COMPLIANCE 8. HOW DOES THIS PROJECT IMPACT THE COMMUNITY? Highland Road was closed at MP 0.33 on September 20, 2021 to approximately October 1, 2021. Alternate routes were provided. 9. HOW WAS STATISTICAL DATA COLLECTED AND ANALYZED FOR THOSE IMPACTED BY THE PROJECT? Road detour routes will be set up and in this area the closure will be for ten (10) days. However, notification flyers will go out and will be translated into Spanish. 10. HOW WILL LOW INCOME AND LEP POPULATION GROUPS BE PROVIDED EQUAL OPPORTUNITY TO PARTICIPATE IN OUTREACH ACTIVITIES (EX. PROVIDING MATERIAL IN OTHER LANGUAGES, MET WITH SOCIAL SERVICES AGENCIES,ADVERTISE IN MINORITY PUBLICATIONS): County will use all resources available (County newspaper, county/local radio Stations, County road closure email list, County TV channel, reader boards a week before project started and flyers will be sent out to property owners affected by the project) to the public. 11. PLANNED PUBLIC OUTREACH ACTIVITIES FOR THE PROJECT (CHECK THOSE THAT WILL APPLY BELOW): ❑ Public meetings with break-out sessions ® Web Page/Social Media/Reader Boards ® Folios/Emails/Press Releases/Newsletters/Mailings/Television/Radio/Survey ❑ Workshops/Open houses/Presentation to local groups/Skype ❑ Advisory/Stakeholder/Community/Groups/ RTPO/MPO/Tribal ❑ Consultation/Governmental or Quasi-Governmental Meetings ❑ Not applicable for this project. ADDITIONAL COMMENTS: A flyer that includes Spanish, will be sent to the local community, the project's road closure will be sent to the `Road Closure' distribution list, and posted in local newspaper and on local cable channel 3. 12. ANY CONSULTANT AGREEMENTS FOR PLANNING, DESIGN, ENGINEERING, ENVIRONMENTAL, ETC., IF SO LIST. No. Page S9 PROJECT REVIEW - TITLE VI COMPLIANCE FREQUENTLY ASKED QUESTION REGARDING LEP GUIDANCE Question: Who are limited English proficient (LEP) persons? Answer: For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand. For purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter. Question: What is the four-factor analysis? Answer: Recipients are required to take reasonable steps to ensure meaningful access to LEP persons.This "reasonableness" standard is intended to be flexible and fact-dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As a starting point, a recipient may conduct an individualized assessment that balances the following four factors: The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services); The frequency with which LEP persons come into contact with the program; The nature and importance of the program, activity, or service provided by the program; The resources available and costs to the recipient. Question: What is expected of recipients under the Guidance? Answer: Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities.To do this, the recipient should: (1) conduct the four-factor analysis; (2) develop a Language Access Plan (LAP); and (3) provide appropriate language assistance. The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. Page 60 PROJECT REVIEW - TITLE VI COMPLIANCE Question: What are examples of language assistance? Answer: Language assistance that a recipient might provide to LEP persons includes, but is not limited to: • Oral interpretation services; • Bilingual staff; • Telephone service lines interpreter; • Written translation services; • Notices to staff and recipients of the availability of LEP services; or • Referrals to community liaisons proficient in the language of LEP persons. Question: Where can I find more information on LEP? Answer: You should review HUD's LEP Guidance. Additional information may also be obtained through the federal-wide LEP website and HUD's LEP website. Question: What is a safe harbor? Answer: A "safe harbor," in the context of this guidance, means that the recipient has undertaken efforts to comply with respect to the needed translation of vital written materials. If a recipient conducts the four-factor analysis, determines that translated documents are needed by LEP applicants or beneficiaries, adopts an LAP that specifies the translation of vital materials, and makes the necessary translations, then the recipient provides strong evidence, in its records or in reports to the agency providing federal financial assistance, that it has made reasonable efforts to provide written language assistance. Question: What is a Language Access Plan (LAP) and what are the elements of an effective LAP? Answer: After completing the four-factor analysis and deciding what language assistance services are appropriate, a recipient may develop an implementation plan or LAP to address identified needs of the LEP populations it serves. Some elements that may be helpful in designing an LAP include: • Identifying LEP persons who need language assistance and the specific language assistance that is needed; • Identifying the points and types of contact the agency and staff may have with LEP persons; • Identifying ways in which language assistance will be provided; • Outreaching effectively to the LEP community; • Training staff; • Determining which documents and informational materials are vital; Page 61 Mk PROJECT REVIEW - TITLE VI COMPLIANCE • Translating informational materials in identified language(s)that detail services and activities provided to beneficiaries (e.g., model leases,tenants' rights and responsibilities brochures,fair housing materials,first-time homebuyer guide); • Providing appropriately translated notices to LEP persons (e.g., eviction notices, security information, emergency plans); • Providing interpreters for large, medium,small, and one-on-one meetings; • Developing community resources, partnerships, and other relationships to help with the provision of language services; and • Making provisions for monitoring and updating the LAP, including seeking input from beneficiaries and the community on how it is working and on what other actions should be taken. Question: What "safe harbors" may recipients follow to ensure they have no compliance finding with Title VI LEP obligations? Answer: The table below sets forth safe harbors for written translations. Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more in the eligible population in the market area or Translated vital documents among current beneficiaries More than 5% of the eligible population or Translated vital documents beneficiaries and more than 50 in number More than 5% of the eligible population or Translated written notice of right to receive free beneficiaries and 50 or less in oral interpretation of documents. number 5%or less of the eligible population or beneficiaries and less than 1,000 No written translation is required. in number Page 62 PROJECT LOCATION IDENTIFICATION/RACIAL COMPOSITION MAP CRP 2024- HIGHLAND ROAD DAYTON CREEK CULVERT REPLACEMENT PROJECT Justice Map:Visualize race and income for your community and country 12020 Early e. Shelton.WA Go Advanced Mode 44 'i 7 nyera: Am-can Ineian Avian 6a,k,, Hispanic hiun-Racial Non,I, `.Lhna I'vality Income Base I'IdR Satellite OpeoStreetMal Ar Who I.Wes Nearby x selbo°« o,miwe PROJECT LOCATION American Indan 5 2� Z 22% Glad, 1 V. Hispanic 2.0°a 48% sander 0 2% 'doiti Racial 32% i NNpa^ix N-0h. 20% 154% 0-2% .0 l4hne 56 D% 8165 2-1% Population 50 cn', 4.7% Income 319090 $7 Map It Man It J 30-a6% 0 a8.71% Adl s Distance lmies; M71.""' Auomatic Demographics Default Distance O v Page 63 NOTICE ROAD CLOSURE ON HIGHLAND ROAD FOR THE DAYTON CREEK CULVERT REPLACEMENT PROJECT COUNTY ROAD PROJECT 2024 NOTICE IS HEREBY GIVEN that pursuant to RCW 47.48.010, Highland Road shall be closed to all through traffic at approximately MP 0.33 for the Dayton Creek culvert replacement project. The closure is scheduled to begin at 7:00am Monday, September 20, 2021 and reopen at approximately 4:00pm, Friday, October 1. 2021. Detour signs will guide local residence and emergency vehicles through Little Egypt Road around the closure. For more information, contact Public Works at(360)427-9670, Ext. 450. Dated this 14th day of September, 2021. DEPARTMENT OF PUBLIC WORKS MASON COUNTY,WASHINGTON Kelle Medcalf, PW Office Administrator cc: Commissioners Engineer JOURNAL: Publ. 1t.: 8/16/21 (Bill Road Dept.) POST: At Least three (3)days prior to closure. Page 164 Mason County PublicWorks11W PublicWorks Departamento de Obras P6blicas Shelton,WA 98584 Highland Road Road Closure - Starts September 20, 2021 Construction will begin for the replacement of an existing undersized culvert to improve fish passage and in- crease safety by reducing roadway flooding concerns on Highland Rd at MP 0.33 at 7:00am on Monday, September 20th, 2021. All traffic will be restricted from entering the work zone. This closure will help expe- dite the replacement, minimizing the inconvenience to the traveling public. Please become familiar with alter- nate routes and allow for extra travel time to use them. We estimate that the road will reopen to traffic around 4:00pm on Friday, October 1 st, 2021, but may be delayed due to weather conditions or construction delays. If you have questions, please feel free to contact the Public Works Department at 360-427-9670 X 450. El Departamento de Obras Publicas del Condado de Mason comenzara el reemplazo del alcantarillado en el Camino de Highland Road al millaje punto 0.33 (MP 0.33) el dia tunes 20 de septiembre, 2021. Se va a restringir la entrada a todo el trafico dentro de la zona de trabajo. El cierre ayudara a expeditar el reemplazo para minimizar el inconveniente a la circulacion del publico. Haga el favor de familiarizarse con las rutas alternas y darse el tiempo extra para transportarse en estas. Se estima que el camino volvera a abrir al transito cerca del 1 de octubre, 2021. Si tiene alguna pregunta, comuniquese con el Departamento de Obras Publicas. Tambien nos podra seguir en @masoncountywa en Facebook para ver los reportes al dia del proyecto y las notificaciones del Condado. W SNELTON MATLOCK.RD N RoadClosure • fl i� Highland Road at IMP 0.33. • access througho / Little Egypt the workzone. Q� Road v routes. - �� ►' Detour Route I Jll� is highlighted Cierre del Camino •- _ =" Highland al millaje punto -__- - Desvio / Ruta de Evacuacion dentro de la zona de trabajo. Todo el tr6fico m X) Carretera de Little Egypt Road •-•- �4P 40 � C -J k ©OpenStreetMap(and) Page 165 Ift EPA EJSCREEN ACS Summary Reportda Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2024 Highland Road Summary of ACS Estimates Population 168 Population Density(per sq.mile) 50 People of Color Population 20 People of Color Population 12% Households 62 Housing Units 92 Housing Units Built Before 1950 0 Per Capita Income 29,701 Land Area(sq.miles)(source:SF1) 3.33 %Land Area 99% Water Area (sq.miles)(source:SF1) 0.03 Water Area 1% (±) ACS Estimates Percent MOE Population by Race Total 168 100% 314 Population Reporting One Race 151 90% 359 White 148 88% 293 Black 0 0% 12 American Indian 0 0% 12 Asian 3 2% 18 Pacific Islander 0 0% 12 Some Other Race 0 0% 12 Population Reporting Two or More Races 17 10% 93 Total Hispanic Population 0 0% 12 Total Non-Hispanic Population 168 White Alone 148 88% 293 Black Alone 0 0% 12 American Indian Alone 0 0% 12 Non-Hispanic Asian Alone 3 2% 18 Pacific Islander Alone 0 0% 12 Other Race Alone 0 0% 12 Two or More Races Alone 17 10% 93 Population by Sex Male 87 52% 163 Female 81 48% 182 Population by Age Age 0-4 10 6% 50 Age 0-17 46 27% 98 Age 18+ 122 73% 174 Age 65+ 19 11% 72 Data Note:Detail may not sum to totals due to rounding. Hispanic population can be of any race. N/A means not available.Source:U.S.Census Bureau,American Community Survey(ACS)2014-2018 February 01,2022 Page 1 66 1/3 EPA `'°°'0°" EJSCREEN ACS Summary Report Im Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2024 Highland Road (±) ACS Estimates Percent MOE Population 25+by Educational Attainment Total 122 100% 190 Less than 9th Grade 0 0% 12 9th-12th Grade, No Diploma 0 0% 12 High School Graduate 24 20% 95 Some College, No Degree 60 49% 113 Associate Degree 11 9% 56 Bachelor's Degree or more 38 31% 91 Population Age 5+Years by Ability to Speak English Total 158 100% 279 Speak only English 147 93% 230 Non-English at Home1.2+3+4 11 7/" 45 0 'Speak English"very well" 10 6% 44 2Speak English"well" 0 0% 12 3Speak English"not well" 1 1% 16 °Speak English"not at all" 0 0% 12 3*4Speak English"less than well" 1 1% 16 1+3+4Speak English"less than very well" 1 1% 16 Linguistically Isolated Households' Total 1 100% 16 Speak Spanish 0 0% 12 Speak Other Indo-European Languages 0 0% 12 Speak Asian-Pacific Island Languages 1 100% 10 Speak Other Languages 0 0% 12 Households by Household Income Household Income Base 62 100% 120 <$15,000 14 23% 91 $15,000-$25,000 1 2% 16 $25,000-$50,000 5 9% 39 $50,000-$75,000 23 37% 66 $75,000+ 18 29% 83 Occupied Housing Units by Tenure Total 62 100% 120 Owner Occupied 56 90% 117 Renter Occupied 6 10% 38 Employed Population Age 16+Years Total 122 100% 190 In Labor Force 71 58% 138 Civilian Unemployed in Labor Force 0 0% 12 Not In Labor Force 51 42% 135 Data Note: Datail may not sum to totals due to rounding. Hispanic population can be of anyrace. N/A means not available.Source:U.S.Census Bureau,American Community Survey(ACS) 'Households in which no one 14 and over speaks English"very well"or speaks English only. February 01,2022 Page 67 2/3 V0 Agwy °°" EJSCREEN ACS Summary ReportIn Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2024 Highland Road (±) ACS Estimates Percent MOE Population by Language Spoken at Home* Total(persons age 5 and above) N/A N/A N/A English N/A N/A N/A Spanish N/A N/A N/A French N/A N/A N/A French Creole N/A N/A N/A Italian N/A N/A N/A Portuguese N/A N/A N/A German N/A N/A N/A Yiddish N/A N/A N/A Other West Germanic N/A N/A N/A Scandinavian N/A N/A N/A Greek N/A N/A N/A Russian N/A N/A N/A Polish N/A N/A N/A Serbo-Croatian N/A N/A N/A Other Slavic N/A N/A N/A Armenian N/A N/A N/A Persian N/A N/A N/A Gujarathi N/A N/A N/A Hindi N/A N/A N/A Urdu N/A N/A N/A Other Indic N/A N/A N/A Other Indo-European N/A N/A N/A Chinese N/A N/A N/A Japanese N/A N/A N/A Korean N/A N/A N/A Mon-Khmer,Cambodian N/A N/A N/A Hmong N/A N/A N/A Thai N/A N/A N/A Laotian N/A N/A N/A Vietnamese N/A N/A N/A Other Asian N/A N/A N/A Tagalog N/A N/A N/A Other Pacific Island N/A N/A N/A Navajo N/A N/A N/A Other Native American N/A N/A N/A Hungarian N/A N/A N/A Arabic N/A N/A N/A Hebrew N/A N/A N/A African N/A N/A N/A Other and non-specified N/A N/A N/A Total Non-English N/A N/A N/A Data Note:Detail may not sum to totals due to rounding.Hispanic popultion can be of any race. N/A meansnot available.Source: U.S.Census Bureau,American Community Survey(ACS)2014-2018. *Population by Language Spoken at Home is available at the census tract summary level and up. February 01,2022 Page 168 3/3 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON. In the matter of initiating countyrRoad projects and assigning CRP numbers. RESOLUTION NO. '101k—02k IT IS HEREBY RESOLVED THAT the roads listed below he improved as shown between the points indicated. REPLACING RESOLUTION NO.2021-0009 These projects are hereby declared to be public necessity and the county road engineer is hereby ordered and authorized to report and proceed as by law provided.(RCW 36.75.050,36.80.030,36.80.070 and/or WAC 136-18-030). IT IS FURTHER RESOLVED that appropriations from the officially adopted road fund budget and based on the county engineers estimates are hereby made in the amount and for the purposes shown: Cost Estimate(Thousand Annual Co st' Road Log M.P. I Type of County Project CRP No. Road Name to , Work Local Grant Engr R/W Contract Section,Township,Range Prog.Item No. M.P. ;(See Code) Forces Total No. 2029 1 23910 Agate Rd 3.10-3.78 1 D 62 394 30 0 426 0 456 S13,14,T20N,R3W 2030 2 98250 Old Belfair Highway 0.20-1.20 D 55 349 20 0 384 0 404 S20,29,T23N,RI W 117 1 7431 50 1 0 1 810 1 0 1 860 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (6) TYPE OF WORK CODE A.Grading&Draining F.Sidewalks K.Environmental Mitigation (9) The construction is to be accomplished by contract B. Base&Top Course G.Traffic Facilities L.Fish Passage in accordance with RCW 36.77.020 et.seq. C. B.S.T./Seals H.Paths,Trails,Bikeways (10) The construction is to be accomplished by county D. HMA Overlay 1. Bridges forces in accordance with RCW 36.77.065 and WAC 136.18 E. Curbs and Gutters 1. Ferry Facilities ADOPTED this \I,-, day of 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: m� Ran Neatherlin, lair McKenzie Smith,Uerk of tW Board O FORM: KevinnSS�hutty,Vice&air Tim Whi head, Dep Sharon Trask,C mmissioner cc: Commissioners Engineer JOURNAL: Publ. It: !20/ I(Bill Rd Dept.) Page 69 CRP 2029 Agate Road MP 3.10 3.10 1-3.20 E GARRETT CT 3.30 o!Y E LONESOME CREEK RD w f- Q c� Q w t3 3,50 .60 t3.70 MP 3.78 0 �� E CRESTVIEW DR Shelton a J W N _ co 0 170 340 68 fi 11020 Pa a 7-0 W C 0 feet _ 0, g � _ O OpenStreetMap(andj - = W contributors,CC-BY-SA CRP 2030 Old Belfair Highway NE MAKELAR9 J J_ 2 MP 1.20 w 1.10 > . w z NE NEWKIRK RD 1.00 = NE TEHILLAH WAY a 0.91w m 0 J 0 w z 0.80 0.70 t4E TIMBERLINE DR 0.60 NE MCKNIGHT RD 0.50 o 0.40 O i Z > zo 0.30 ... i w z i z i N 0.20 0 225 450 900 1,350 MP 0.20 Feet © ���OpenStreetNt"grsdd71 contributors,CCIBY-SA Mk W) PROJECT REVIEW - TITLE VI COMPLIANCE Mason County must ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participating in, or be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance without regard to whether specific projects or services are federally funded. The County must ensure that all transit services and related benefits are distributed in an equitable manner. Recipients of Federal funds are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact- dependent standard, the starting point is an individualized assessment that balances the four factors analysis (see Q&A). 1. PROJECT TITLE: CRP 2030 Old Belfair Highway Resurfacing Project 2. PROJECT DESCRIPTION: Hot Mix Asphalt(HMA)overlay will consist of resurfacing the existing roadway and shoulders,with HMA, roadway striping. 3. DESIGN/ENVIRONMENT ACTIVITIES: NEPA was completed on May 10, 2021.This project included a change order that replaced the guardrails with concrete barriers due to fiber in the proximity. 4. FUNDING: Federal funding: STPR-Z231(002) and local funds. 5. ANY WBWBE CONTRACTS? ® Y ❑N If yes please list: DBE/COA AGS and M2w Industrial were subcontracted by the Central Paving Inc., Prime Contractor. REVIEW OF PROJECT DEMOGRAPHICS OF IMPACTED AREA: Download LEP population map and attached to form. You will use the map and current ESL data from the County school districts to answer the following questions. Environmental Justice Screening and Mapping Tool https://eiscreen.epa.gov/mapper/ (Select Location. Under pop-up select Get Census Report) County School District ESL data: https://washingtonstatereportcard.ospi.kl2.wa.us County School District Map is on the County GIS Webpage. 6. DOES THE LEP POPULATION MAP OR SCHOOL DISTRICT SHOW LANGUAGE GROUP THAT EXCEEDS 5% OF THE SERVICE AREA OR 1,000 PERSONS: ❑ Y ® N If yes, which ethnicity /race: 7. IS LANGUAGE ASSISTANCE OR SPECIAL LANGUAGE NEEDS GOING TO BE NEEDED FOR THIS PROJECT? ❑Y® N 8. HOW DOES THIS PROJECT IMPACT THE COMMUNITY? Traffic will be diverted to one lane during construction. Page 72 0 PROJECT REVIEW - TITLE VI COMPLIANCE 9. HOW WAS STATISTICAL DATA COLLECTED AND ANALYZED FOR THOSE IMPACTED BY THE PROJECT? Mobile project with one-lane closures for each side of roadway during the project. Motorist to expect some delays. 10. HOW WILL LOW INCOME AND LEP POPULATION GROUPS BE PROVIDED EQUAL OPPORTUNITY TO PARTICIPATE IN OUTREACH ACTIVITIES (EX. PROVIDING MATERIAL IN OTHER LANGUAGES, MET WITH SOCIAL SERVICES AGENCIES,ADVERTISE IN MINORITY PUBLICATIONS):This project was posted in the County newspaper and reader boards will be out for traveling public a week or two before the project starts. 11. PLANNED PUBLIC OUTREACH ACTIVITIES FOR THE PROJECT (CHECK THOSE THAT WILL APPLY BELOW): ❑ Public meetings with break-out sessions ® Web Page/Social Media/Community billboards/Reader Boards ® Folios/Emails/Press Releases/Newsletters/Mailings/Television/Radio/Survey ❑ Workshops/Open houses/Presentation to local groups/Skype ❑ Advisory/Stakeholder/Community/Groups/ RTPO/MPO/Tribal ❑ Consultation/Governmental or Quasi-Governmental Meetings ❑ Not applicable for this project. ADDITIONAL COMMENTS: This project will be advertised in two publications for three weeks and on the Public Works—Roads webpage. 12. ANY CONSULTANT AGREEMENTS FOR PLANNING, DESIGN, ENGINEERING, ENVIRONMENTAL, ETC., IF SO LIST. N/A. Page 73 PROJECT REVIEW - TITLE VI COMPLIANCE FREQUENTLY ASKED QUESTION REGARDING LEP GUIDANCE Question: Who are limited English proficient (LEP) persons? Answer: For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand. For purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter. Question: What is the four-factor analysis? Answer: Recipients are required to take reasonable steps to ensure meaningful access to LEP persons. This "reasonableness" standard is intended to be flexible and fact-dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As a starting point, a recipient may conduct an individualized assessment that balances the following four factors: The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services); The frequency with which LEP persons come into contact with the program; The nature and importance of the program, activity, or service provided by the program; The resources available and costs to the recipient. Question: What is expected of recipients under the Guidance? Answer: Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities.To do this, the recipient should: (1) conduct the four-factor analysis; (2) develop a Language Access Plan (LAP); and (3) provide appropriate language assistance. The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. Page 1 74 dak PROJECT REVIEW - TITLE VI COMPLIANCE Question: What are examples of language assistance? Answer: Language assistance that a recipient might provide to LEP persons includes, but is not limited to: • Oral interpretation services; • Bilingual staff; • Telephone service lines interpreter; • Written translation services; • Notices to staff and recipients of the availability of LEP services;or • Referrals to community liaisons proficient in the language of LEP persons. Question: Where can I find more information on LEP? Answer: You should review HUD's LEP Guidance. Additional information may also be obtained through the federal-wide LEP website and HUD's LEP website. Question: What is a safe harbor? Answer: A "safe harbor," in the context of this guidance, means that the recipient has undertaken efforts to comply with respect to the needed translation of vital written materials. If a recipient conducts the four-factor analysis, determines that translated documents are needed by LEP applicants or beneficiaries, adopts an LAP that specifies the translation of vital materials, and makes the necessary translations, then the recipient provides strong evidence, in its records or in reports to the agency providing federal financial assistance, that it has made reasonable efforts to provide written language assistance. Question: What is a Language Access Plan (LAP) and what are the elements of an effective LAP? Answer: After completing the four-factor analysis and deciding what language assistance services are appropriate, a recipient may develop an implementation plan or LAP to address identified needs of the LEP populations it serves. Some elements that may be helpful in designing an LAP include: • Identifying LEP persons who need language assistance and the specific language assistance that is needed; • Identifying the points and types of contact the agency and staff may have with LEP persons; • Identifying ways in which language assistance will be provided; • Outreaching effectively to the LEP community; • Training staff; • Determining which documents and informational materials are vital; Page 75 PROJECT REVIEW - TITLE VI COMPLIANCE • Translating informational materials in identified language(s)that detail services and activities provided to beneficiaries (e.g., model leases,tenants' rights and responsibilities brochures,fair housing materials,first-time homebuyer guide); • Providing appropriately translated notices to LEP persons (e.g., eviction notices,security information, emergency plans); • Providing interpreters for large, medium,small, and one-on-one meetings; • Developing community resources, partnerships, and other relationships to help with the provision of language services; and • Making provisions for monitoring and updating the LAP, including seeking input from beneficiaries and the community on how it is working and on what other actions should be taken. Question: What "safe harbors" may recipients follow to ensure they have no compliance finding with Title VI LEP obligations? Answer: The table below sets forth safe harbors for written translations. Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more in the eligible population in the market area or Translated vital documents among current beneficiaries More than 5% of the eligible population or Translated vital documents beneficiaries and more than 50 in number More than 5% of the eligible population or Translated written notice of right to receive free beneficiaries and 50 or less in oral interpretation of documents. number 5%or less of the eligible population or beneficiaries and less than 1,000 No written translation is required. in number Page 76 PROJECT LOCATION IDENTIFICATION COMPOSITION MAP CRP 2030 - OLD BELFAIR HWY ROAD RESURFACING PROJECT Justice Map:Visualize race and income for your community and country 12020_Early_Release. el'a 1,wa Gc Acvanced Uode � ' 7 ojers: Arerl;an Indian Asar Sack 9is�adc SdcCFP,aclat N—hh dlhPe °malty Inane 'J,gyS}ilyc e Satelll:e / Who Li—Nend„ / S`b�xk 6.11If45 2nYJP• Aner,<a+Indian 17% 1.3% A4an 04% +7Se Nicp:nc 43°n .I' Islander G i�t RUN Rwal 2 V. 5.5% NorrnNL 94% 11.6% Whi. 966% U.d% / Pmu!-jw. 234 1112 manna 667 723 Map 1, Narih Add:Ds[encel m'.Im 1 Q � - ?Wcmetc Demo�re>n-cs_ ■ .-. �[t r.Hbwdalwwa. c+,s e..n.a'i�,a-.:..v�.cn®.+.e.,.vu.-.nswwu.en.d.podw+.r.uws.�w,m.M•r r.r..du..iw:.nwr.�. v Page 77 NOTICE TO BIDDERS COUNTY OF MASON DEPARTMENT OF PUBLIC WORKS SHELTON, WASHINGTON CRP 2030 —OLD BELFAIR HIGHWAY RESURFACING PROJECT SEALED BIDS will be received for the improvement of Old Belfair Highway, Road No 98250, MP 0.20 TO MP 1.20 vicinity, CRP 2030 (Range $ 400,000 to 500,000), at the office of the County Commissioners, located in Building 1, 411 North 5th Street, Shelton, Washington, 98584, until 9:00 a.m., Friday, September 17, 2021. Submitted bids will be publicly opened and read in the Commissioner Chambers, Building I, immediately thereafter. Sealed Bids received after the specified opening time will not be accepted. MAJOR BID ITEMS will include Mobilization, LS; Shoulder Finishing, MI; Planing Bituminous Pavement SY; Removing Guardrail, LF; HMA CL. '/z In. PG 64S-22, TON; Beam Guardrail Type 31, LF; Project Temporary Traffic Control, LS; and other items in conformance with the 2021 WSDOT Standard Specifications, and the Special Provisions for this project. Bid Documents are made available as follows: Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "Mason County". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders "Register" in order to receive automatic e-mail notification of future addenda and to place themselves on the "Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration. ALL BID PROPOSALS shall be accompanied by a bid proposal deposit in the form of a Surety Bond, Cash, Cashier's Check, or Certified Check in an amount equal to five percent (5%) of the amount of such bid proposal. The Proposal Bond shall be on DOT Form 272-001A Revised 05/13 for Local Agency Use. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the Specifications, the bid proposal deposit shall be forfeited to Mason County. ALL BID PROPOSALS must be in writing, on forms furnished from Builder's Exchange of Washington, with the Builder's Exchange disclaimer footer in the margin of each page and along with proposal deposit, placed and sealed in a 12 x 9 envelope, with an indication on the front bottom left corner of said envelope, the project name and date of bid opening, and then filed with the Clerk of the Board of County Commissioners on or before the day and hour above-mentioned. The (Local Agency) in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will NOTICE TO BIDDERS Page 1 of 2 CRP 2030, OLD BELFAIR HIGHWAY RESURFACING PROJECT, MP 0.20—MP 1.20 Road No. 98250 Page 178 not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Mason County 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 related statues, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any Mason County program or activity. For more information, please contact Mason County Public Works at (360)427-9670, Ext. 450. THE BOARD OF MASON COUNTY COMMISSIONERS reserves the right to accept or reject bids on each item separately or as a whole, to reject any or all bids, to waive informalities and to contract as to the best interest of Mason County. DATED this 18th day of August 2021. MASON COUNTY PUBLIC WORKS MASON COUNTY, WASHINGTON �,c<<J ee� Lucy Castillo PUBLIC WORKS REPRESENTATIVE cc: Cmmrs. Engineer JOURNAL: Publ. 3t: 8/2612021, 9/2/2021, 9/9/2021 (Bill Rd. Dept.) Journal Shelton: jlegals@masoncounty.com JOURNAL OF COMMERCE: Publ. 3t: 8/26/2021, 9/2/2021, 9/9/2021 Journal of Commerce Seattle, Legal Dept: legals@djc.com> NOTICE TO BIDDERS Page 2 of 2 CRP 2030,OLD BELFAIR HIGHWAY RESURFACING PROJECT, MP 0.20—MP 1.20 Road No.98250 Page 79 CRP 2030 Old Belfair Hwy Resurfacing BID TABULATION SHEET Project 5 7 1 6 4 2 3 BID OPENING: Pudget Paving 8 Construchoi Lakeside Industries Inc Central Paving Agate Asphalt Tucci 8 Sons,Inc. Grange Construction Co. Miles Resources,LLC September 17,1021 9:00am 10910 26th Ave.S 1500 Wahl Lake Rd 1410 W Dolarway Rd PO Box 1193 4224 Waller Road 3200 113th Ave SW 400 Valley Ave.NE Lakewood,WA 98499 Port Ludlow,WA 98365 Ellensburg,WA 98926 Poulsbo,WA 98370 Tacoma,Wa 98443 1623 Olympia,WA 98512-9160 Puyallup, WA 98372 BIDDER NO; i RIDDERNO; 3 BIDDER NO: 4 BIDDER NO: 5 RIMER NO: 6 Bm111:R NO: 7 ENGINEER'S ESTIMATE HOND'ADD1 Yes IIOND/ADD' Yes 131 A7>'A DD" Ycs ROND/ADD^ Y" ROND/ADD^ Yca BOND/ADD' Yea 13OND"4DM Fes ITEM ITEM UNIT PLANNED UNIT ESTIMATE UNIT FSTIMATF UNIT EST[MATF UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE NO. DESCRIPTION UANTIT PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Mobilization LS 1 $ 32,418.03 $ 32,418.03 $39,010.30 $ 39,010.30 $ 14,600.00 $ 14,500.00 $ 25.000.00 $ 25,000.00 $458,800.00 $ 45,880.00 $ 25,000.00 $ 25,000.00 $44,000.00 $ 44,000.00 $28,780.00 $ 28,780.00 2 Pavement Repair Excavation Ind. SY 73 $ 100.50 $ 7,336.50 $ 255.00 $ 18,615.00 $ 240-DO $ 17,520.00 $ 200.00 S 14,600.00 $ 556.57 $ 40,631.00 $ 160.00 $ 11,680,00 $ 155.00 $ 11,315.00 $ 125.00 $ 9,125.00 Haul 3 Plastic Drainage Marking EA 12 $ 65.D0 $ 780.00 $ 100.D0 $ 1.200.00 $ 100.00 S 1,200.00 $ 96.80 $ 1.161.60 $ 40.00 $ 480.00 $ 95,00 $ 1.140.00 $ 30.00 $ 360,00 $ 100.00 $ 1,200.00 4 Crushed Surfacing Base Course TON 200 $ 36.50 $ 7,300.00 S 80.D0 $ 16,000.00 $ 87.00 $ 17,400.00 $ 45.00 $ 9,000.00 $ 71.41 $ 14.281.40 $ 110.00 $ 22,000.00 $ 55.00 $ 11,000.00 $ 70.00 $ 14,000.00 5 Planing Bituminous Pavement SY 373 $ 10.00 $ 3,730,00 $ 32,00 $ 11.936.00 $ 29.00 $ 10,81T00 $ 16.00 $ 5,968.00 $ 17.43 $ 6.501.39 $ 22.00 $ 8,206.00 $ 16.00 $ 5,968.00 $ 18.80 $ 7.012.40 6 HMA Cl 12-in PG 58H-22 Ton 2323 $ 95.00 $ 220,685.D0 $ 85.00 $197,455.00 $ 106.50 $247,399.50 $ 78.00 $181,194.00 $ 91.00 $211,393.00 $ 91 $213.716.00 $ 80.00 $185,840.00 $ 89.80 $208,605.40 7 HMA for Approach Cl 1/2-in PG Ton 47 S 100.D0 $ 7,520.00 $ 85.00 $ 3,995.00 $ 150,00 $ 7,050,00 $ $5.00 $ 3,995.00 $ 200.00 $ 9,400.00 $ 240,00 $ '11,280.00 $ 190.00 S 8,930.00 $ 89.80 $ 4,220A0 58H-22 8 Erosion I Water Pollution Control EST $10,000 $ 10,000.00 $ 10,000.00 $ 1.00 $ 10,OD0.00 $ 1.00 $ 10,000.00 $ 10,000.00 S 10,000.00 $ 10.000,00 $ 10.000.00 $ 10,000,00 $ 10.000.00 $10.000.00 $ 10,000.00 $10.000.00 $ 10.000.00 9 Beam Guardrail Type 31 Non- EA 4 $ 3,000.00 $ 12.000.00 $5,500.00 S22,000.00 $5,000.00 $20,000.00 $5,225.00 $20,900.00 $4,387.50 $17,550.00 $5,200.00 $20,800.00 S4,600.00 $18,400.00 $5.000.00 $20,000.00 Flared Terminal 10 Beam Guard RaP�31-I LF 312.5 $ 28.00 $ 8.750.00 W0.00 $25,000.00 $81.00 $25,31250 $55.00 $20,625.00 $67.20 $21.000.00 $65.00 $20,312.50 $70.D0 $21,875.00 $65.00 $20,312.50 Long 11 Paint Line LF 15,590 S 0.35 $ 5,456,50 $0.42 $6,547.80 $0.45 $7,015,50 $0.42 $6,647.80 $0.48 $7,483.20 $0.41 S6,391.90 $0.50 $7,795.00 $0.40 $6.236.00 12 Plastic Stop Line LF 26 $ 20.00 $ 520.00 $13.D0 $338.00 $14.50 $377.00 $13.20 $343.20 $9.45 $245.70 $13.00 $338.00 $27.00 $702,00 $12.00 $312,00 13 Temporary Pavement Marking- LF 5,162 $ 0.20 $ 1,032A0 $0.11 $567,82 $0.34 $1,755.08 $0.50 $2,581.00 $1.26 $6,504.12 $0.25 $1,290.50 $0.30 $1,548.60 $0.30 $1,548.60 Short Duration 14 Project Temporary Traffic Control LS 1 S 45.276.00 $ 45.276.00 $25,000.00 $25,000.00 $43,500.00 $43,500.00 $40,150.00 $40,150.00 $36,000.00 MOOD.00 $32,DO0.00 $32,000.00 $40,000.00 $40,000.00 $28,250.00 $28,250.00 15 Traffic Control Supervisor LS 1 $ 10,654.00 S 10,654.00 $22,000.D0 $22.000.00 $16,750.00 $16,750.00 $14,300.00 $14,300.00 $6.750.00 $6,750,00 $10,600.00 $10.600,00 $9,000.D0 $9,000.00 $11.500.00 $11,500.00 16 Construction Signs Class A SF 139.5 S 27.W $ 3,766.50 $25.00 $3,487.50 S27.25 $3,801.38 $16.49 $2,300.36 $4.480.00 $4,480.00 $8.00 $1.116.00 $30.00 $4.185,00 $30.00 $4.185.00 17 Portable Changeable Message HR 864 S 4.00 $ 3,456.00 $5.75 $4,988.00 $6.25 $5,400.00 $5.00 $4,320.00 $6.75 $5,832.00 $4.00 $3,456.00 $7.00 $6,D48.00 $5.00 $4,320.00 Signs 18 Monument Case and Cover EA 1 $ MW $ 600.100 $2,000.00 $2,000,00 $1,300.00 $1.300,00 $800.00 $800.00 $300.00 $300,00 $2,000.00 $2.000.00 $5w.00 $500,00 $800.D0 $800.00 19 Roadside Cleanup EST $10,000 5 10,000.00 $ 10,000.00 $1.D0 $10,000.00 $1.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,D13D,00 $10.000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 20 SPCC Plan LS 1 $ 500.00 $ 500.00 $300.00 $300.00 $350.00 $350,00 $500.00 $500.00 $1,200.00 $1,200.00 $250.00 $250.00 $250,00 $250.00 $500,00 $500.00 TOTS'I$ 391,780.93 TOTAL: $420,420.42 TOTAL: $461,447.96 TOTAL: $374,285.96 TOTAL: $455.911.81 TOTAL: $411,576.90 TOTAL. $397,716.60 TOTAL: $390,907.50 Apparent Low Bidder:Central Paving,LLC. Page 180 vEPA owc " EJSCREEN ACS Summary Report ca Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2001-Homer Adams Road Summary of ACS Estimates Population 41 Population Density(per sq.mile) 29 People of Color Population 4 %People of Color Population 10% Households 12 Housing Units 15 Housing Units Built Before 1950 1 Per Capita Income 24,859 Land Area(sq.miles)(source:SF1) 1.45 %Land Area 100% Water Area (sq.miles)(Source:SF1) 0.00 %Water Area 0% (±) ACS Estimates Percent MOE Population by Race Total 41 100% 396 Population Reporting One Race 40 97% 514 White 38 91% 375 Black 0 0% 12 American Indian 1 3% 40 Asian 1 2% 63 Pacific Islander 0 0% 12 Some Other Race 0 0% 12 Population Reporting Two or More Races 1 3% 39 Total Hispanic Population 1 1% 33 Total Non-Hispanic Population 41 White Alone 37 90% 370 Black Alone 0 0% 12 American Indian Alone 1 3% 40 Non-Hispanic Asian Alone 1 2% 63 Pacific Islander Alone 0 0% 12 Other Race Alone 0 0% 12 Two or More Races Alone 1 3% 36 Population by Sex Male 22 54% 251 Female 19 46% 193 Population by Age Age 0-4 2 5% 82 Age 0-17 6 15% 119 Age 18+ 35 85% 245 Age 65+ 9 22% 120 Data Note:Detail may not sum to totals due to rounding. Hispanic population can be of any race. N/A meansnot available.Source:U.S.Census Bureau,American Community Survey(ACS)2014-2018 February 01,2022 Page 81 1/3 /EPA EISCREEN ACS Summary Report Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2001-Homer Adams Road (±) ACS Estimates Percent MOE Population 25+by Educational Attainment Total 32 100% 274 Less than 9th Grade 1 3% 39 9th-12th Grade, No Diploma 2 5% 46 High School Graduate 14 43% 132 Some College, No Degree 13 40% 155 Associate Degree 4 11% 75 Bachelor's Degree or more 3 10% 73 Population Age 5+Years by Ability to Speak English Total 39 100% 364 Speak only English 38 97% 358 Non-English at Home"2+3+4 1 3% 41 'Speak English"very well" 1 3% 41 2Speak English"well" 0 0% 12 3Speak English"not well" 0 0% 12 °Speak English"not at all" 0 0% 12 3i4Speak English"less than well" 0 0% 12 1+3+4Speak English "less than very well" 0 0% 12 Linguistically Isolated Households` Total 0 0% 12 Speak Spanish 0 0% 12 Speak Other Indo-European Languages 0 0% 12 Speak Asian-Pacific Island Languages 0 0% 12 Speak Other Languages 0 0% 12 Households by Household income Household Income Base 12 100% 141 <$15,000 3 23% 77 $15,000-$25,000 2 21% 89 $25,000-$50,000 1 11% 38 $50,000-$75,000 1 11% 38 $75,000+ 4 33% 94 Occupied Housing Units by Tenure Total 12 1004, 141 Owner Occupied 10 86% 145 Renter Occupied 7 14% 52 Employed Population Age 16+Years Total 36 100% 318 In Labor Force 15 42% 242 Civilian Unemployed in Labor Force 3 7% 80 Not In Labor Force 21 58% 226 Data Note: Datail may not sum to totals due to rounding. Hispanic population can be of anyrace. N/A means not available.Source:U.S.Census Bureau,American Community Survey(ACS) 'Households in which no one 14 and over speaks English"very well"or speaks English only. February 01,2022 Page 82 z/3 V/EPA °'°°�°" EJSCREEN ACS Summary ReportIm Location: User-specified polygonal location Ring(buffer): 0-miles radius Description: CRP 2001-Homer Adams Road Percent MOE(±) ACS Estimates Population by Language Spoken at Home* Total (persons age 5 and above) N/A N/A N/A English N/A N/A N/A Spanish N/A N/A N/A French N/A N/A N/A French Creole N/A N/A N/A Italian N/A N/A N/A Portuguese N/A N/A N/A German N/A N/A N/A Yiddish N/A N/A N/A Other West Germanic N/A N/A N/A Scandinavian N/A N/A N/A Greek N/A N/A N/A Russian N/A N/A N/A Polish N/A N/A N/A Serbo-Croatian N/A N/A N/A Other Slavic N/A N/A N/A Armenian N/A N/A N/A Persian N/A N/A N/A Gujarathi N/A N/A N/A Hindi N/A N/A N/A Urdu N/A N/A N/A Other Indic N/A N/A N/A Other Indo-European N/A N/A N/A Chinese N/A N/A N/A Japanese N/A N/A N/A Korean N/A N/A N/A Mon-Khmer,Cambodian N/A N/A N/A Hmong N/A N/A N/A Thai N/A N/A N/A Laotian N/A N/A N/A Vietnamese N/A N/A N/A Other Asian N/A N/A N/A Tagalog N/A N/A N/A Other Pacific Island N/A N/A N/A Navajo N/A N/A N/A Other Native American N/A N/A N/A Hungarian N/A N/A N/A Arabic N/A N/A N/A Hebrew N/A N/A N/A African N/A N/A N/A Other and non-specified N/A N/A N/A Total Non-English N/A N/A N/A Data Note:Detail may not sum to totals due to rounding.Hispanic popultion can be of any race. N/A meansnot available.Source: U.S.Census Bureau,American Community Survey(ACS)2014-2018. *Population by Language Spoken at Home is available at the census tract summary level and up. February 01,2022 Page 83 3/3 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON. In the matter of initiating county road projects and assigning CRP numbers. IT IS HEREBY RESOLVED THAT the roads listed below be improved as shown between the points indicated. RESOLUTION NO.2022- Olq These projects are hereby declared to be public necessity and the county road engineer is hereby ordered and authorized to report and proceed as by law provided.(RCW 36.75.050,36.80.030,36.80.070 and/or WAC 136-18-030). IT IS FURTHER RESOLVED that appropriations from the officially adopted road fund budget and based on the county engineers estimates are hereby made in the amount and for the purposes shown: Cost Estimate(Thousand 5) 2021 Annual M.P. Type of Road Name or Road Log Contract and/or Project CRP No. Const. Bridge No. No. Protect Name to Work Local Grant Engr R/W County Forces Total Prog.Item M.P. I(See Code) 0 2035 03 Boyer Road 03630 Resurfacing Project 0.00-0.50 C 50 50 50 2036 04 Snider Road 19210 Resurfacing Project 0.00-0.18 C 40 40 40 90 0 0 0 90 90 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (6) TYPE OF WORK CODE A.Grading and Drainage F.Sidewalks K.Environmental Mitigation (11) The construction is to be accomplished by contract B. Base&Top Course G.Traffic Facilities L.Fish Passage in accordance with RCW 36.77.020 et.seq.AND/OR C. B.S.T./SEALS H.Paths,Trails,Bikeways(RCW 47.3 The construction is to be accomplished by county D.A.C./P.C.C.Pavement 1. Bridges forces in accordance with RCW 36.77.065 and WAC 136.18 E.Curbs and Gutters J. Ferry Facilities ADOPTED this }� y!da of "NB�(C�p 2022 BOARD OF COUNTY COMMISSIONERS MASON COU SHINGTON ATTEST: J�q— mezie Smi/h'Xl2 � Kevin Shutty,Ch r McKenzie Smith, lerk the Board APPROVE AS TO FORM: aron Trask,Vice Chair �T-- ite ad, Ch.D.P.A Ra y NeQhwlin,Commissioner cc: Commissioners Engineer Printed t- ro°rm /� / ason County DMS Printed from Mason County DMS Page 84 PROJ 21-661 (1 ), Boyer Road — Road Resurfacing MP 0.00-M P 0.505 o v.AION� _ W REEVES HILL DR o to QF ,.. O .( �C)i h�QO,,_�� N �o N M i zr — ------------ -------------- 0 .40 O CO 0.50 0 CP p 60 0 0 0 90 El 0 370 740 1,480 2,220 -page 185 Feet RE C ©.OpenStreetMap(and) Open StreetMap/cont contributors,CC-BY-SA PROJECT REVIEW - TITLE VI COMPLIANCE Mason County must ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participating in, or be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance without regard to whether specific projects or services are federally funded.The County must ensure that all transit services and related benefits are distributed in an equitable manner. Recipients of Federal funds are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact- dependent standard, the starting point is an individualized assessment that balances the four factors analysis (see Q&A). 1. PROJECT TITLE: PROJ 21-661-1 BOYER ROAD 2. PROJECT DESCRIPTION: Chip sealing of the gravel road at MP 0.00 -0.505 (per 2021 Chipseal Tracker). 3. DESIGN/ENVIRONMENT ACTIVITIES: The project was completed with county forces on August 3, 2021. 4. FUNDING: County Road Funds. 5. ANY WBWBE CONTRACTS? ❑ Y® N If yes please list: Click or tap here to enter text. REVIEW OF PROJECT DEMOGRAPHICS OF IMPACTED AREA: Download LEP population map and attached to form. You will use the map and current ESL data from the County school districts to answer the following questions. Environmental Justice Screening and Mapping Tool https://eiscreen.epa.gov/mapper/ (Select Location. Under pop-up select Get Census Report) County School District ESL data: https://washinjztonstatereportcard.ospi.kl2.wa.us County School District Map is on the County GIS Webpage. 6. DOES THE LEP POPULATION MAP SHOW LANGUAGE GROUP THAT EXCEEDS 5%OF THE SERVICE AREA OR 1,000 PERSONS? ❑Y ®N If yes, which ethnicity/race: Click or tap here to enter text. 7. IS LANGUAGE ASSISTANCE OR SPECIAL LANGUAGE NEEDS GOING TO BE NEEDED FOR THIS PROJECT? ❑Y ®N 8. HOW DOES THIS PROJECT IMPACT THE COMMUNITY? One lane road closure. This road has no outlets and will mostly effect those that live there, but very low impact. Page186 PROJECT REVIEW - TITLE VI COMPLIANCE 9. HOW WAS STATISTICAL DATA COLLECTED AND ANALYZED FOR THOSE IMPACTED BY THE PROJECT? Project has very low impact.This project Improves the road from portions gravel and bst to all of the road being bst. 10. HOW WILL LOW INCOME AND LEP POPULATION GROUPS BE PROVIDED EQUAL OPPORTUNITY TO PARTICIPATE IN OUTREACH ACTIVITIES (EX. PROVIDING MATERIAL IN OTHER LANGUAGES, MET WITH SOCIAL SERVICES AGENCIES, ADVERTISE IN MINORITY PUBLICATIONS): Not applicable to this project. 11. PLANNED PUBLIC OUTREACH ACTIVITIES FOR THE PROJECT (CHECK THOSE THAT WILL APPLY BELOW): ❑ Public meetings with break-out sessions ® Web Page/Reader Boards ❑ Folios/Emails/Press Releases/Newsletters/Mailings/Television/Radio/Survey ❑ Workshops/Open houses/Presentation to local groups/Skype ❑ Advisory/Stakeholder/Community/Groups/ RTPO/MPO/Tribal ❑ Consultation/Governmental or Quasi-Governmental Meetings ❑ Not applicable for this project. ADDITIONAL COMMENTS: None. 12. ANY CONSULTANT AGREEMENTS FOR PLANNING, DESIGN, ENGINEERING, ENVIRONMENTAL, ETC., IF SO LIST. No. Page 87 PROJECT REVIEW - TITLE VI COMPLIANCE FREQUENTLY ASKED QUESTION REGARDING LEP GUIDANCE Question: Who are limited English proficient (LEP) persons? Answer: For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand. For purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter. Question: What is the four-factor analysis? Answer: Recipients are required to take reasonable steps to ensure meaningful access to LEP persons.This "reasonableness" standard is intended to be flexible and fact-dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As a starting point, a recipient may conduct an individualized assessment that balances the following four factors: The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services); The frequency with which LEP persons come into contact with the program; The nature and importance of the program, activity, or service provided by the program; The resources available and costs to the recipient. Question: What is expected of recipients under the Guidance? Answer: Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities.To do this, the recipient should: (1) conduct the four-factor analysis; (2) develop a Language Access Plan (LAP); and (3) provide appropriate language assistance. The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. Page 88 0 PROJECT REVIEW - TITLE VI COMPLIANCE Question: What are examples of language assistance? Answer: Language assistance that a recipient might provide to LEP persons includes, but is not limited to: • Oral interpretation services; • Bilingual staff; • Telephone service lines interpreter; • Written translation services; • Notices to staff and recipients of the availability of LEP services; or • Referrals to community liaisons proficient in the language of LEP persons. Question: Where can I find more information on LEP? Answer: You should review HUD's LEP Guidance. Additional information may also be obtained through the federal-wide LEP website and HUD's LEP website. Question: What is a safe harbor? Answer: A "safe harbor," in the context of this guidance, means that the recipient has undertaken efforts to comply with respect to the needed translation of vital written materials. If a recipient conducts the four-factor analysis, determines that translated documents are needed by LEP applicants or beneficiaries, adopts an LAP that specifies the translation of vital materials, and makes the necessary translations, then the recipient provides strong evidence, in its records or in reports to the agency providing federal financial assistance, that it has made reasonable efforts to provide written language assistance. Question: What is a Language Access Plan (LAP) and what are the elements of an effective LAP? Answer: After completing the four-factor analysis and deciding what language assistance services are appropriate, a recipient may develop an implementation plan or LAP to address identified needs of the LEP populations it serves. Some elements that may be helpful in designing an LAP include: • Identifying LEP persons who need language assistance and the specific language assistance that is needed; • Identifying the points and types of contact the agency and staff may have with LEP persons; • Identifying ways in which language assistance will be provided; • Outreaching effectively to the LEP community; • Training staff; • Determining which documents and informational materials are vital; Page 189 A&L PROJECT REVIEW - TITLE VI COMPLIANCE • Translating informational materials in identified language(s)that detail services and activities provided to beneficiaries (e.g., model leases,tenants' rights and responsibilities brochures,fair housing materials,first-time homebuyer guide); • Providing appropriately translated notices to LEP persons (e.g., eviction notices,security information, emergency plans); • Providing interpreters for large, medium,small, and one-on-one meetings; • Developing community resources, partnerships, and other relationships to help with the provision of language services; and • Making provisions for monitoring and updating the LAP, including seeking input from beneficiaries and the community on how it is working and on what other actions should be taken. Question: What "safe harbors" may recipients follow to ensure they have no compliance finding with Title VI LEP obligations? Answer: The table below sets forth safe harbors for written translations. Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more in the eligible population in the market area or Translated vital documents among current beneficiaries More than 5%of the eligible population or Translated vital documents beneficiaries and more than 50 in number More than 5%of the eligible population or Translated written notice of right to receive free beneficiaries and 50 or less in oral interpretation of documents. number 5%or less of the eligible population or beneficiaries and less than 1,000 No written translation is required. in number Page 90 PROJECT LOCATION IDENTIFICATION COMPOSITION MAP CRP 2035 — BOYER ROAD RESURFACING PROJECT Justice Map:Visualize race and income for your community and country 12020 Early_Rgtu e. Shelton.WA Go Advanced Mode 44 ' 7 Ley,,,: A-6can Inman 49181 Blac'e Hmpenk M.it-R—al Nom::h!, "I, r;.al'.r I-[:'"+ °+• Satellite Opec.gtreetl,lap r� Who Live H"ft Set 0 05 does 2 miles Arne,-an Indian A.d Bled IASPanlc 1 74 ;landei Witt Racial 11 7 d Hlep•nkx N—hhe 133.6 0-2% 4\Tire 867`%. 2s49% Pap lat" FI. 4-7% Income 5d9090 017212% PROJECT LOCATION 19-30°. ... ...., ....,..... :-.� map Mar,It ]0-IBL Add a Distance(dies)L- A,n—.1ic Demographics —� Oelawl Distance 0 ..,e.«e.w<�. .sa..eza_��•an cs::.u.,e*«+.,roo«.�sa..-.s.....a..Kr *«m•d w. .wa..+•.o.�> Page 91 / `''�"°" EJSCREEN ACS Summary Report EPA Location: User-specified point center at 47.221871,-123.337116 Ring(buffer): 1-miles radius Description: Boyer Road Resurfacing Summary of ACS Estimates Population 0 Population Density(per sq.mile) 0 People of Color Population 0 People of Color Population 0% Households 0 Housing Units 0 Housing Units Built Before 1950 0 Per Capita Income 24,859 Land Area(sq.miles)(Source:SF1) 0.35 %Land Area 100% Water Area (sq.miles)(source:SF1) 0.00 %Water Area 0% (±) ACS Estimates Percent MOE Population by Race Total 0 0% 396 Population Reporting One Race 0 0% 514 White 0 0% 375 Black 0 0% 12 American Indian 0 0% 40 Asian 0 0% 63 Pacific Islander 0 0% 12 Some Other Race 0 0% 12 Population Reporting Two or More Races 0 0% 39 Total Hispanic Population 0 0% 33 Total Non-Hispanic Population 0 White Alone 0 0% 370 Black Alone 0 0% 12 American Indian Alone 0 0% 40 Non-Hispanic Asian Alone 0 0% 63 Pacific Islander Alone 0 0% 12 Other Race Alone 0 0% 12 Two or More Races Alone 0 0% 36 Population by Sex Male 0 0% 251 Female 0 0% 193 Population by Age Age 0-4 0 0% 82 Age 0-17 0 0% 119 Age 18+ 0 0% 245 Age 65+ 0 0% 120 Data Note:Detail may not sum to totals due to rounding. Hispanic population can be of any race. N/A meansnot available.Source:U.S.Census Bureau,American Community Survey(ACS) 2014-2018 February 18,2021 Page 92 1/3 ^ EPA EJSCREEN ACS Summary ReportIm Location: User-specified point center at 47.221871,-123.337116 Ring(buffer): 1-miles radius Description: Boyer Road Resurfacing (±) ACS Estimates Percent MOE Population 25+by Educational Attainment Total 0 0% 274 Less than 9th Grade 0 0% 39 9th-12th Grade,No Diploma 0 0% 46 High School Graduate 0 0% 132 Some College,No Degree 0 0% 155 Associate Degree 0 0% 75 Bachelor's Degree or more 0 0% 73 Population Age 5+Years by Ability to Speak English Total 0 0% 364 Speak only English 0 0% 358 Non-English at Home"2.3.4 0 0% 41 'Speak English"very well" 0 0% 41 2Speak English"well" 0 0% 12 3Speak English"not well" 0 0% 12 °Speak English"not at all" 0 0% 12 314Speak English"less than well" 0 0% 12 2.3+4Speak English "less than very well" 0 0% 12 Linguistically Isolated Households* Total 0 0% 12 Speak Spanish 0 0% 12 Speak Other Indo-European Languages 0 0% 12 Speak Asian-Pacific Island Languages 0 0% 12 Speak Other Languages 0 0% 12 Households by Household Income Household Income Base 0 0% 141 <$15,000 0 0% 77 $15,000-$25,000 0 0% 89 $25,000-$50,000 0 0% 38 $50,000-$75,000 0 0% 38 $75,000+ 0 0% 94 Occupied Housing Units by Tenure Total 0 0% 141 Owner Occupied 0 0% 145 Renter Occupied 0 0% 52 Employed Population Age 16+Years Total 0 0% 318 In Labor Force 0 0% 242 Civilian Unemployed in Labor Force 0 0% 80 Not In Labor Force 0 0% 226 Data Note: Datail may not sum to totals due to rounding. Hispanic population can be of anyrace. N/A means not available.Source:U.S.Census Bureau,American Community Survey(ACS) *Households in which no one 14 and over speaks English"very well"or speaks English only. February 18,2021 Page 193 2/3 /EPA °'°�°°" EJSCREEN ACS Summary Reportca Location: User-specified point center at 47.221871,-123.337116 Ring(buffer): 1-miles radius Description: Boyer Road Resurfacing (±) ACS Estimates Percent MOE Population by Language Spoken at Home* Total(persons age 5 and above) N/A N/A N/A English N/A N/A N/A Spanish N/A N/A N/A French N/A N/A N/A French Creole N/A N/A N/A Italian N/A N/A N/A Portuguese N/A N/A N/A German N/A N/A N/A Yiddish N/A N/A N/A Other West Germanic N/A N/A N/A Scandinavian N/A N/A N/A Greek N/A N/A N/A Russian N/A N/A N/A Polish N/A N/A N/A Serbo-Croatian N/A N/A N/A Other Slavic N/A N/A N/A Armenian N/A N/A N/A Persian N/A N/A N/A Gujarathi N/A N/A N/A Hindi N/A N/A N/A Urdu N/A N/A N/A Other Indic N/A N/A N/A Other Indo-European N/A N/A N/A Chinese N/A N/A N/A Japanese N/A N/A N/A Korean N/A N/A N/A Mon-Khmer,Cambodian N/A N/A N/A Hmong N/A N/A N/A Thai N/A N/A N/A Laotian N/A N/A N/A Vietnamese N/A N/A N/A Other Asian N/A N/A N/A Tagalog N/A N/A N/A Other Pacific Island N/A N/A N/A Navajo N/A N/A N/A Other Native American N/A N/A N/A Hungarian N/A N/A N/A Arabic N/A N/A N/A Hebrew N/A N/A N/A African N/A N/A N/A Other and non-specified N/A N/A N/A Total Non-English N/A N/A N/A Data Note:Detail may not sum to totals due to rounding.Hispanic popultion can be of any race. N/A meansnot available.Source: U.S.Census Bureau,American Community Survey(ACS)2014-2018. *Population by Language Spoken at Home is available at the census tract summary level and up. February 18,2021 Page 94 3/3 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON. In the matter of initialing county road projects and assigning CRP numbers. IT IS HEREBY RESOLVED THAT the roads listed below be improved as shown between the points indicated. RESOLUTION NO.2022- 01(:1 These projects are hereby declared to be public necessity and the county road engineer is hereby ordered and authorized to report and proceed as by law provided.(RCW 36.75.050,36.80.030,36.80.070 and/or WAC 136-18-030). IT IS FURTHER RESOLVED that appropriations from the officially adopted road fund budget and based on the county engineers estimate,- are hereby made in the amount and for the purposes shown: Cost Estimate(Thousand S) 2021 Annual M.P. Type of Road Name or Road Log ; Contract and/or Project CRP No. Const. Bridge No. No. Protect Name to i Work Local Grant Engr R/W County Forces Total Prog.Item M.P. (See Code) 2035 03 Boyer Road 03630 Resurfacing Project 0.00-0.50 ' C SO 50 50 2036 04 Snider Road 19210 Resurfacing Project 0.00-0.18 C 40 40 40 90 0 0 0 90 90 (1) (2) (3) (4) (5) (6) (7) (S) (9) (10) (11) (12) (6) TYPE OF WORK CODE A.Grading and Drainage F.Sidewalks K.Environmental Mitigation (11) The construction is to be accomplished by contract B. Base&Top Course G.Traffic Facilities L.Fish Passage in acconiance with RCW 36.77.020 et.seq.AND/OR C. B.S.T./SEALS H.Paths,Trails,Bikeways(RCW 47.3 The construction is to be accomplished by county D.A.C./P.C.C.Pavement I. Bridges forces in accordance with RCW 36.77.065 and WAC 136.18 E.Curbs and Gutters J. Ferry Facilities ADOPTED this —�-5}�day of mc�rclp 2022 BOARD OF COUNTY COMMISSIONERS MASON COU SHINGTON ATTEST: '(RWL 42 �4� Kevin Shutty,Ch4ir McKenzie Smith, lerk the Board / APPROVE AS TO FORM: �- Kk,Vice Chair �Tmhit e ad, Ch.D.P.A Ranfdy Ne lin,Commissioner cc: Commissioners Engineer Printedot- rom ' '2�`ason County DMS Page � 95 Printed from Mason County DMS PROJ21-661 (2), Snider Road — Road Resurfacing MP 0.00-M P0.72 (n \ JSE CHANNEL 0 ; POINT RD ` z10 0 v cn - i W Q O W O w 0. to .caaia S ° o �cq 0 w ! toe CO 0.20 O ° OHO O v a i \\ I 0 370 740 1,480 2,220 Page 06 SE 1 Feet RE ct ©Open.StreetMap(and) RIDGE DR OpenStreetMap cont contributors,CC-BY-SA 0 PROJECT REVIEW - TITLE VI COMPLIANCE Mason County must ensure that no person shall, on the grounds of race, color, or national origin, be excluded from participating in, or be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance without regard to whether specific projects or services are federally funded. The County must ensure that all transit services and related benefits are distributed in an equitable manner. Recipients of Federal funds are required to take reasonable steps to ensure meaningful access to their programs and activities by LEP persons. While designed to be a flexible and fact- dependent standard, the starting point is an individualized assessment that balances the four factors analysis (see Q&A). 1. PROJECT TITLE: PROJ 21-661-2 SNIDER ROAD 2. PROJECT DESCRIPTION: Chip sealing of the gravel road. 3. DESIGN/ENVIRONMENT ACTIVITIES: The project was completed with county forces. 4. FUNDING: County Road Funds. 5. ANY WBWBE CONTRACTS? ❑ Y® N If yes please list: Click or tap here to enter text. REVIEW OF PROJECT DEMOGRAPHICS OF IMPACTED AREA: Download LEP population map and attached to form. You will use the map and current ESL data from the County school districts to answer the following questions. Environmental Justice Screening and Mapping Tool https://eiscreen.epa.gov/mapper/ (Select Location. Under pop-up select Get Census Report) County School District ESL data: https://washingtonstatereportcard.ospi.kl2.wa.us County School District Map is on the County GIS Webpage. 6. DOES THE LEP POPULATION MAP SHOW LANGUAGE GROUP THAT EXCEEDS S% OF THE SERVICE AREA OR 1,000 PERSONS? ❑Y ®N If yes, which ethnicity/race: Click or tap here to enter text. 7. IS LANGUAGE ASSISTANCE OR SPECIAL LANGUAGE NEEDS GOING TO BE NEEDED FOR THIS PROJECT? ❑Y ®N 8. HOW DOES THIS PROJECT IMPACT THE COMMUNITY? One lane road closure.This road has no outlets and will mostly effect those that live there, but very low impact. Page 1 97 PROJECT REVIEW - TITLE VI COMPLIANCE 9. HOW WAS STATISTICAL DATA COLLECTED AND ANALYZED FOR THOSE IMPACTED BY THE PROJECT? Project has very low impact.This project Improves the road from portions gravel and bst to all of the road being bst. 10. HOW WILL LOW INCOME AND LEP POPULATION GROUPS BE PROVIDED EQUAL OPPORTUNITY TO PARTICIPATE IN OUTREACH ACTIVITIES (EX. PROVIDING MATERIAL IN OTHER LANGUAGES, MET WITH SOCIAL SERVICES AGENCIES,ADVERTISE IN MINORITY PUBLICATIONS): Not applicable to this project. 11. PLANNED PUBLIC OUTREACH ACTIVITIES FOR THE PROJECT (CHECK THOSE THAT WILL APPLY BELOW): ❑ Public meetings with break-out sessions ® Web Page/Reader Boards ❑ Folios/Emails/Press Releases/Newsletters/Mailings/Television/Radio/Survey ❑ Workshops/Open houses/Presentation to local groups/Skype ❑ Advisory/Stakeholder/Community/Groups/ RTPO/MPO/Tribal ❑ Consultation/Governmental or Quasi-Governmental Meetings ❑ Not applicable for this project. ADDITIONAL COMMENTS: None. 12. ANY CONSULTANT AGREEMENTS FOR PLANNING, DESIGN, ENGINEERING, ENVIRONMENTAL, ETC., IF SO LIST. No. Page 98 PROJECT REVIEW - TITLE VI COMPLIANCE FREQUENTLY ASKED QUESTION REGARDING LEP GUIDANCE Question: Who are limited English proficient (LEP) persons? Answer: For persons who, as a result of national origin, do not speak English as their primary language and who have a limited ability to speak, read, write, or understand. For purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with respect to a particular service, benefit, or encounter. Question: What is the four-factor analysis? Answer: Recipients are required to take reasonable steps to ensure meaningful access to LEP persons. This "reasonableness" standard is intended to be flexible and fact-dependent. It is also intended to balance the need to ensure meaningful access by LEP persons to critical services while not imposing undue financial burdens on small businesses, small local governments, or small nonprofit organizations. As a starting point, a recipient may conduct an individualized assessment that balances the following four factors: The number or proportion of LEP persons served or encountered in the eligible service population ("served or encountered" includes those persons who would be served or encountered by the recipient if the persons received adequate education and outreach and the recipient provided sufficient language services); The frequency with which LEP persons come into contact with the program; The nature and importance of the program, activity, or service provided by the program; The resources available and costs to the recipient. Question: What is expected of recipients under the Guidance? Answer: Federally assisted recipients are required to make reasonable efforts to provide language assistance to ensure meaningful access for LEP persons to the recipient's programs and activities.To do this, the recipient should: (1) conduct the four-factor analysis; (2) develop a Language Access Plan (LAP); and (3) provide appropriate language assistance. The actions that the recipient may be expected to take to meet its LEP obligations depend upon the results of the four-factor analysis including the services the recipient offers, the community the recipient serves, the resources the recipient possesses, and the costs of various language service options. All organizations would ensure nondiscrimination by taking reasonable steps to ensure meaningful access for persons who are LEP. Page 91 PROJECT REVIEW - TITLE VI COMPLIANCE Question: What are examples of language assistance? Answer: Language assistance that a recipient might provide to LEP persons includes, but is not limited to: • Oral interpretation services; • Bilingual staff; • Telephone service lines interpreter; • Written translation services; • Notices to staff and recipients of the availability of LEP services;or • Referrals to community liaisons proficient in the language of LEP persons. Question: Where can I find more information on LEP? Answer: You should review HUD's LEP Guidance. Additional information may also be obtained through the federal-wide LEP website and HUD's LEP website. Question: What is a safe harbor? Answer: A "safe harbor," in the context of this guidance, means that the recipient has undertaken efforts to comply with respect to the needed translation of vital written materials. If a recipient conducts the four-factor analysis, determines that translated documents are needed by LEP applicants or beneficiaries, adopts an LAP that specifies the translation of vital materials, and makes the necessary translations, then the recipient provides strong evidence, in its records or in reports to the agency providing federal financial assistance, that it has made reasonable efforts to provide written language assistance. Question: What is a Language Access Plan (LAP) and what are the elements of an effective LAP? Answer: After completing the four-factor analysis and deciding what language assistance services are appropriate, a recipient may develop an implementation plan or LAP to address identified needs of the LEP populations it serves. Some elements that may be helpful in designing an LAP include: • Identifying LEP persons who need language assistance and the specific language assistance that is needed; • Identifying the points and types of contact the agency and staff may have with LEP persons; • Identifying ways in which language assistance will be provided; • Outreaching effectively to the LEP community; • Training staff; • Determining which documents and informational materials are vital; Page 100 AM& PROJECT REVIEW - TITLE VI COMPLIANCE • Translating informational materials in identified language(s)that detail services and activities provided to beneficiaries (e.g., model leases,tenants' rights and responsibilities brochures,fair housing materials,first-time homebuyer guide); • Providing appropriately translated notices to LEP persons (e.g., eviction notices,security information, emergency plans); • Providing interpreters for large, medium,small, and one-on-one meetings; • Developing community resources, partnerships, and other relationships to help with the provision of language services; and • Making provisions for monitoring and updating the LAP, including seeking input from beneficiaries and the community on how it is working and on what other actions should be taken. Question: What "safe harbors" may recipients follow to ensure they have no compliance finding with Title VI LEP obligations? Answer: The table below sets forth safe harbors for written translations. Size of Language Group Recommended Provision of Written Language Assistance 1,000 or more in the eligible population in the market area or Translated vital documents among current beneficiaries More than 5%of the eligible population or Translated vital documents beneficiaries and more than 50 in number More than 5%of the eligible population or Translated written notice of right to receive free beneficiaries and 50 or less in oral interpretation of documents. number 5% or less of the eligible population or beneficiaries and less than 1,000 No written translation is required. in number Page 101 PROJECT LOCATION IDENTIFICATION COMPOSITION MAP CRP 2036 —SNIDER ROAD RESURFACING PROJECT Shelton.WA Go Advanced Mode 44 ' 7 Layers. American Indian As-an Black Hispanic Multi-Racial Non,h,te 'rNhile R—lay Income Bys=t.laR Map Satellite � -.1,•.r Who Ll n Nearby Is Wscl.d 0 05 mees 2 miles Arnerican Indan 3 C. 2.6% flan ti V. 7.0% a olatl. 04% Hispanic 6.1% 5.0% Islander 0.2% 0.2% m0i-Racial 5.3% 331, f Nonwhite 14.5% 11.7% 0:2% V4h4e 655% 69.3% 24% Population 476 1222 4.7% Income 355.000 ♦7.12% 12-19% 19.30% 030 48% _. a., . 048-71% Add a Distance(nules)F �7L t0096 AutmwucD—Vapr•w U DWub Distance 0 •..._.. Page 102 r EJSCREEN ACS Summary Report EPA Location: User-specified point center at 47.221871,-123.337116 Ring(buffer): 1-miles radius Description: Boyer Road Resurfacing Summary of ACS Estimates Population 0 Population Density(per sq.mile) 0 People of Color Population 0 People of Color Population 0% Households 0 Housing Units 0 Housing Units Built Before 1950 0 Per Capita Income 24,859 Land Area(sq.miles)(source:SF1) 0.35 Land Area 100% Water Area (sq.miles)(source:SF1) 0.00 %Water Area 0% (±) ACS Estimates Percent MOE Population by Race Total 0 0% 396 Population Reporting One Race 0 0% 514 White 0 0% 375 Black 0 0% 12 American Indian 0 0% 40 Asian 0 0% 63 Pacific Islander 0 0% 12 Some Other Race 0 0% 12 Population Reporting Two or More Races 0 0% 39 Total Hispanic Population 0 0% 33 Total Non-Hispanic Population 0 White Alone 0 0% 370 Black Alone 0 0% 12 American Indian Alone 0 0% 40 Non-Hispanic Asian Alone 0 0% 63 Pacific Islander Alone 0 0% 12 Other Race Alone 0 0% 12 Two or More Races Alone 0 0% 36 Population by Sex Male 0 0% 251 Female 0 0% 193 Population by Age Age 0-4 0 0% 82 Age 0-17 0 0% 119 Age 18+ 0 0% 245 Age 65+ 0 0% 120 Data Note:Detail may not sum to totals due to rounding. Hispanic population can be of any race. N/A meansnot available.Source:U.S.Census Bureau,American Community Survey(ACS)2014-2018 February 18,2021 1/3 Page 103 iEPA: °"' EJSCREEN ACS Summary Report om Location: User-specified point center at 47.221871,-123.337116 Ring(buffer): 1-miles radius Description: Boyer Road Resurfacing Percent MOE(±) ACS Estimates Population 25+by Educational Attainment Total 0 0% 274 Less than 9th Grade 0 0% 39 9th-12th Grade,No Diploma 0 0% 46 High School Graduate 0 0% 132 Some College, No Degree 0 0% 155 Associate Degree 0 0% 75 Bachelor's Degree or more 0 0% 73 Population Age 5+Years by Ability to Speak English Total 0 0% 364 Speak only English 0 0% 358 Non-English at Home"2+3+4 0 0% 41 'Speak English"very well" 0 0% 41 2Speak English"well" 0 0% 12 3Speak English"not well" 0 0% 12 °Speak English"not at all" 0 0% 12 3+4Speak English"less than well" 0 0% 12 1.3+4Speak English "less than very well" 0 0% 12 Linguistically Isolated Households' Total 0 0% 12 Speak Spanish 0 0% 12 Speak Other Indo-European Languages 0 0% 12 Speak Asian-Pacific Island Languages 0 0% 12 Speak Other Languages 0 0% 12 Households by Household Income Household Income Base 0 0% 141 <$15,000 0 0% 77 $15,000-$25,000 0 0% 89 $25,000-$50,000 0 0% 38 $50,000-$75,000 0 0% 38 $75,000+ 0 0% 94 Occupied Housing Units by Tenure Total 0 0% 141 Owner Occupied 0 0% 145 Renter Occupied 0 0% 52 Employed Population Age 16+Years Total 0 0% 318 In Labor Force 0 0% 242 Civilian Unemployed in Labor Force 0 0% 80 Not In Labor Force 0 0% 226 Data Note: Datail may not sum to totals due to rounding. Hispanic population can be of anyrace. N/A means not available.Source:U.S.Census Bureau,American Community Survey(ACS) "Households in which no one 14 and over speaks English"very well"or speaks English only. Page 104 2/3 February 18,2021 /EPA "°`�°" EISCREEN ACS Summary ReportIm Location: User-specified point center at 47.221871,-123.337116 Ring(buffer): 1-miles radius Description: Boyer Road Resurfacing (±) ACS Estimates Percent MOE Population by Language Spoken at Home* Total(persons age 5 and above) N/A N/A N/A English N/A N/A N/A Spanish N/A N/A N/A French N/A N/A N/A French Creole N/A N/A N/A Italian N/A N/A N/A Portuguese N/A N/A N/A German N/A N/A N/A Yiddish N/A N/A N/A Other West Germanic N/A N/A N/A Scandinavian N/A N/A N/A Greek N/A N/A N/A Russian N/A N/A N/A Polish N/A N/A N/A Serbo-Croatian N/A N/A N/A Other Slavic N/A N/A N/A Armenian N/A N/A N/A Persian N/A N/A N/A Gujarathi N/A N/A N/A Hindi N/A N/A N/A Urdu N/A N/A N/A Other Indic N/A N/A N/A Other Indo-European N/A N/A N/A Chinese N/A N/A N/A Japanese N/A N/A N/A Korean N/A N/A N/A Mon-Khmer,Cambodian N/A N/A N/A Hmong N/A N/A N/A Thai N/A N/A N/A Laotian N/A N/A N/A Vietnamese N/A N/A N/A Other Asian N/A N/A N/A Tagalog N/A N/A N/A Other Pacific Island N/A N/A N/A Navajo N/A N/A N/A Other Native American N/A N/A N/A Hungarian N/A N/A N/A Arabic N/A N/A N/A Hebrew N/A N/A N/A African N/A N/A N/A Other and non-specified N/A N/A N/A Total Non-English N/A N/A N/A Data Note:Detail may not sum to totals due to rounding.Hispanic popultion can be of any race. N/A meansnot available.Source: U.S.Census Bureau,American Community Survey(ACS)2014-2018. *Population by Language Spoken at Home is available at the census tract summary level and up. February 18,2021 Page 105 3/3 BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON NOTIFICATION OF FINAL COST COUNTY ROAD CONSTRUCTION—2021 BE IT HEREBY ORDERED,that the undersigned Board of County Commissioners of Mason County,Washington,gives official notification in conformance to RCW 36.77.070 of the actual construction expenditures for county force construction projects in Mason County for year 2021 where the estimated cost of the work exceeds$10,000. CRP# COUNTY ROAD NAME COUNTY FORCES PROJECT TOTAL DATE 2001 Homer Adams Road $413,009.94 $463,746.86 9/9/21 2024 Highland Road $288,827.09 $357,932.74 10/4/21 2035 Boyer Road $ 8,831.48 $ 11,207.22 7/7/21 2036 Snider Road $ 30,381.11 $ 33,264.21 6/7/21 **Total County Forces Expenditures: $741,049.62 * The preliminary cost estimate,covering the above-named project(s)was formerly ordered on the indicated days, as provided by RCW 36.77.070. **This figure satisfies the requirement of RCW 36.77.065. Mason County's 2021 County Forces Construction limit was$1,269,483.75. DATED this day of Mayrh ,2022. BOARD OF COMMISSIONERS CERTI FEE BY: MASON COUNTY,WASHINGTON tX C LINS,PE ounty Engineer KEVIN S - Chair ATTEST: SHARON TRASK,Vice Chair MRQXvo� . MCKENZIE(8MITtf, Clerk of the Board RANIW NEX4ZLItRLIN, Commissioner APPROVE AS TO FORM TIM TEHE cc: Commissioners Finance JOURNAL: Publ.It.: /2 /2022(Bill: Mason County Dept.of Public Works) Page 106 a Appendix FHWA-1273-- Revised May 1,2012 APPENDIX A-1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Govemmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. 1. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color, religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the Views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esatwhd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the ~Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each helper,apprentice,and trainee)employed maintained by the contractor during the course of the work and f the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly a wages earned,without rebate,either directly or indirectly, and mechanics working at the site of the work.Such records shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR of wages paid(including rates of contributions or costs Part 3; anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work perforated, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any g ty. other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, U.S.C. 1 ate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization'refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to fumish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be fumished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(httos://www.ei)ls.aovn,which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms'covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ••••• subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant' Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(httos://www.epis.gov/1,which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1 c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 APPENDIX A-2 NON-FEDERAL FUNDED PROJECTS AND CONSULTANT AGREEMENT TITLE IV LANGUAGE TITLE VI ASSURANCES: 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. 2. 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,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. 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). DEPARTMENT OF �PSNIN6Tp� NATURAL RESOURCES o South Puget Sound Region 950 Farman Avenue North n Enumclaw, WA 98022 y0 (360)790-9770 MICHELE.ZUKERBERG@DNR.WA.GOV yroF NATUVI W W W.DNR.WA.GOV March 30, 2022 Kevin Shutty, Chair Mason County Board of County Commissioners Shelton, Washington kshutty@co.mason.wa Dear Chairman Shutty and Members of the Board of County Commissioners: Washington State Department of Natural Resources (DNR) is proposing to expand the boundary of the existing Skookum Inlet Natural Area Preserve (NAP), located in Mason County in Township 19N, Range 3W, in Sections 8, 9, 16 & 17. The purpose of this letter is to inform the county about the proposal and public hearing process, and to seek comments and/or questions from the board. I am also reaching out as part of the Washington Recreation and Conservation Office's (RCO) county conferral process to inform you of DNR's intent to apply for an RCO grant through their Washington Wildlife and Recreation Program. Please find the map of the proposed expansion area, initial acquisition parcel, and factsheet attached for your reference. A preserve boundary designation does not give DNR any regulatory or other land use authority over private landowners. The boundary designation is an administrative action that allows DNR to seek funding for purchase of private lands only from willing sellers, at market value that is established by independent appraisal. Landowners are under no obligation, at any time, to sell their lands to DNR. No lands within the boundary are considered to be part of the natural area unless they are either acquired by DNR or are otherwise registered as such by the landowner. The proposed expansion area is located adjacent to the existing 165 acre Skookum Inlet NAP boundary. The preserve was approved by the Natural Heritage Advisory Council in 1985 to protect three salt-marsh ecosystem types: low intertidal, high salinity, silty marsh; high intertidal, high salinity marsh; and high intertidal, low salinity marsh, along with their associated plant communities. These are important examples of wetland ecosystems in the southern Puget Sound. The preserve also protects tideflats, and includes second growth forest habitat. The purpose of the expansion is to incorporate an additional 290 acres of upland, shoreline, and tideland protection for the existing preserve. The intent is to provide long-term protection for ecological functions important to the preserve's primary features and for the populations of chum and coho salmon and resident cutthroat trout that spawn in Elson Creek, the small tributary protected within the preserve. DNR will hold a public hearing to provide information and receive testimony on the proposed boundary expansion on April 20, 2022. An informational session will begin at 6:00 p.m. and the public hearing will begin at 6:30 p.m., concluding following public testimony. The hearing will be located at the Mason County Fire Hall District#4, at 2970 SE Arcadia Road Shelton, WA 98584. Written public comments on the proposal will be received until the close of business on Friday, April 29, 2022 at: Washington Department of Natural Resources, Recreation and Conservation Division, ATTN: Proposed NAP Boundary Expansion, PO Box 47014, Olympia, WA 98504-7014. Comments also may be submitted by email to: ampd(a)dnr.wa.gov with the subject line, "Proposed NAP Boundary Expansion -- Skookum Inlet." The boundary hearing notice and related background information is available on the Department of Natural Resources website, at www.dnr.wa.gov/skookum-inlet-natural- area-preserve. DNR is working with landowners within the existing and proposed boundary of Skookum Inlet NAP to seek state grant funding for future acquisition of their land under the Washington Wildlife and Recreation Program. While our outreach to area landowners is ongoing, we currently have one interested and willing seller (Taylor Shellfish Parcel# 319162200000) as indicated on the attached map. We would like to either brief the board at an upcoming meeting or we can address any questions you many have through other means, such as conferring with staff. The grant application process concludes in mid-2022 and thus we are hoping to complete this local government conferral step as early as possible. During the next couple of weeks the department will send you a formal grant notification which may indicate additional landowners willing to participate in the grant with DNR. Please feel free to contact me if you would like additional information at michele.zukerberg@dnr.wa.gov or by phone at (360) 790-9770. Sincerely, " I. Michele Zukerberg Natural Areas Manager, South Puget Sound Region Washington State Department of Natural Resources Encl: Skookum Inlet Fact Sheet & Map Skookurn Inlet NAP W ASHIN GTON STATE DEPT OF Skookum Inlet Natural Area Preserve(NAP)is located in Mason n ATU R A L County, roughly five miles south of Shelton. The Washington State RESOURCES Natural Heritage Advisory Council approved the original 165 acre ��NTYR preserve boundary in the 1980s and recommended a 290 acre boundary expansion in 2022. The current preserve includes 143 acres of conservation lands owned and managed by the Washington State Department of Natural Resources(DNR). Protecting Rare Features The preserve protects three salt-marsh ecosystem types along with their associated plant communities, which are important high-quality examples of wetland ecosystems in southern Puget Sound: 1) Low intertidal, high salinity, silty marsh, 2) High intertidal, high salinity marsh, and 3) High intertidal, low salinity marsh. The site also protects tideflats and second growth riparian forest buffer. Chum and Coho Salmon and resident cutthroat trout spawn in Elson Creek, the small tributary protected within the preserve.The federally threatened winter steelhead is found in Skookum Creek,the major freshwater tributary to the inlet. Proposed NAP Boundary Expansion The purpose of the expanded boundary, which is the design for the ultimate extent of the preserve, is to enhance upland, shoreline and tideland protection for the existing conservation lands. The intent is to provide long-term protection for ecological functions important to the preserve's primary features,as well as to buffer it from threats such as invasive weed species and potential future development. The expansion area is adjacent to the existing 165 acre preserve boundary and includes roughly 290 acres of intact shoreline and estuarine mudflats as well as upland forests situated on and above steep slopes that extend to the shoreline. The proposed boundary also includes areas of salt marsh and pasture. Threats and Site Condition Human activities such as alterations to water quality and hydrology or introduction of non-native and invasive plant species, pose a significant threat to the natural area.Residential development, with the associated leaching of septic fields, yard fertilizers and chemicals,reduces water quality and changes the species composition of the ecosystem. And invasive non-native species from adjacent properties, commonly reed Contact canary grass, English ivy or Himalayan blackberry,can out-compete Michele Zukerberg native species, resulting in reduced species diversity and negative Natural Areas Manager effects on riparian habitat form and function. Phone: (360)790-9770 Email: michele.zukerberg(a�dnr.wa.gov SkockLrn Inlet Natural Area Preserve Prepared March 2022 by DNR Natural Areas Program Natural Area Preserves NAPS are established to protect high-quality examples of Washington's natural heritage. They are designed to protect native ecosystems and rare plant and animal species. Preserves provide relatively unaltered native communities that can be used as outdoor laboratories for researchers and environmental educators, and as references in comparing relatively natural environments with managed ones. DNR manages 58 NAPs and 39 Natural Resources Conservation Areas(NRCAs)on more than 167,100 acres statewide. �r . a Skookum Inlet Proposed Boundary Expansion QCurrent Preserve Boundary Proposed Boundary Expansion vk Natural Area Preserve Roads t + y Railroad 0 Streams RESOURCES h + '!_` 0 0 05 0.1 02 03 0.4 0.5 D'+'-20-22 Miles Skookum Inlet Natural Area Preserve Prepared March 2022 by DNR Natural Areas Program Skookum Inlet Natural Area Preserve Skookum Inlet NAP Natural Areas 2022 / #22-1292 Puget Troug coregion �10 MAP LEGEND ® Priority Parcels for Acquisition Proposed NAP Expansion 9 ®7 NAP Boundary 8 Natural Area Preserve Proposed Lands Eligible for Inclusion 101 10 3 101 S 9 Mason r O \yeti ---- 108 -- ��� cCl OP O�J� g i In i�x 101 O T19N M�s Olympl _ I 7 12 5 i W+E S 16 15 1 Feet 0 466 930 1,860 2,790 3,720 Disclaimer. Extreme care was used during the compilation —� of this map to ensure accuracy. However,due to changes in ownership and the need to rely on outside information,the Department of Natural Resources cannot accept responsibility for errors or omissions, and, therefore, there are no warranties which accompany this material. Conservation Lands-Melrose-March 2022 4 �PSNINOTO� WASHINGTON STATE DEPT OF 20 11ATURAL 22 ;�yr aWy° RESOURCES HILARY S. FRANZ COMMISSIONER OF PUBLIC LANDS R03W For Grant Presentation Purposes Only Washington Department of Natural Resources Skookum Inlet NAP Boundary Expansion Proposal & WWRP Acquisition Grant Conferrals Presentation to: Mason County Board of County Commissioners By: Michele Zukerberg SPS Region Natural Areas Manager, WADNR April 18, 2022 Washington State System of Natural Areas DNR manages 58 Natural Area Preserves (NAPs) and 39 Natural Resources Conservation Areas (NRCAs) on ~167,100 acres statewide Natural Areas Program Overview •Natural Area Preserves Act (1972) o Legislature established protection for... Areas of land and water that have retained their natural character, important to preserving rare or vanishing flora, fauna, geological, natural historical or similar features of scientific or educational value. RCW 79.70.020 •Natural Heritage Program (1977) •Natural Resources Conservation Areas Act (1987) o Legislature established to conserve... lands with high priority for conservation, natural systems, wildlife and low impact public use. RCW 79.71 Skookum Inlet NAP Proposed Boundary Expansion Skookum Inlet NAP •Established in 1986. •Protects occurrences of two types of intertidal wetland (salt marsh) communities (Natural Heritage Plan 2018): Classified based on salinity, elevation, and substrate. Wetland Community Plan Priority •Low-salinity high marsh 2 •Moderate-salinity high marsh 3 Based on representation in the Natural Areas system, rarity, and degree of threat to the ecosystems. •Saltgrass •Pickleweed •Tufted Hairgrass •Lyngby's Sedge •Virginia Glasswort •Seaside Arrowgrass •Marsh Jaumea •Red Fescue •Pacific Silverweed Salt Marsh Plants found at Skookum Inlet NAP Elson Creek: spawning habitat Chum salmon Coho salmon Resident cutthroat Skookum Creek: presence Winter steelhead (FT) Current Boundary: 165 acres Current State Ownership: 143 acres Expansion Area: 290 acres •estuarine mudflats •intact shoreline •adjacent forests situated on and above steep slopes •salt marsh and pasture. . Skookum Inlet NAP Purpose of Boundary Expansion •Provide long-term protection for ecological functions important to the preserve’s primary ecological features: •Freshwater & saltwater inputs •Sediment delivery & movement •Water quality •Nutrient inputs (upland vegetation) •Large woody debris •Buffer from threats such as: •Invasive plant species: •Invasive plants, e.g. holly, ivy, blackberry in uplands & shorelines, and reed canarygrass, yellow-flag iris, non-native Atriplex species. and Juncus species in salt marsh •Potential future development: •E.g. planting invasive species, installing septic systems, removal of forest cover NAP Management & Stewardship •Restoration •Invasive species control •Environmental education •Research & monitoring •(Ex. studying buried wood to determine earthquake history) •Reference for other sites –intact salt marsh ecosystem Elson Creek Restoration •Removed fish hatchery infrastructure •Regraded & relocated stream channel •Woody debris added •Revegetation Washington Recreation & Conservation Office (RCO) Washington Wildlife & Recreation Program Natural Areas Category DNR 2023-25 Grant Applications Acquisition of ~7 acres Mason County: ~11 acres Thurston County: ~174 acres Acquisition of ~ 10 acres