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Home My WebLink About2019/11/05 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers — 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 November 5, 2019 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 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes — October 7, October 14, October 21, 2019 Briefing minutes; October 15, 2019 Regular minutes. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to have the Chair sign the Vehicle Take-Home Assignment Authorization Request forms for Michael Leeberg, Allan Eaton, Rod LaRue, Brenen Profitt, Grant Dishon, and Cynthia Brewer for calendar year 2020. 8.2 Approval to set a public hearing on Tuesday, November 26, 2019 at 9:15 a.m. to certify to the County Assessor the amount of taxes levied for county purposes and the mount of taxes levied for Current Expense and Roads for 2020. An increase to the Current Expense and Road property tax levies for 2020 may be considered. 8.3 Approval to seta hearing on Monday, December 2, 2019 at 9:00 a.m. to consider adoption of the 2020 budget for Mason County. Copies of the 2020 preliminary budget will be available to the public on November 18, 2019. 8.4 Approval of the proposed 2020 Environmental Health fees. If approved, fees go into effect January 1, 2020. 8.5 Approval to appoint Mark Nault to the Mason County Civil Service Commission to fill the remainder of a six-year term ending December 31, 2023. Agendas are subject to change,please contact the Commissioners' office for most recent version. This agenda was last printed on 10/31/19 3:05 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA November 5, 2019— PAGE 2 8.6 Approval to amend Resolution 80-19 to revise the Non-Represented Salary Scale Range Alignment by approving a 1.75% general wage increase effective January 1, 2020. 8.7 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8067680-8068040 $ 820,721.25 Direct Deposit Fund Warrant #s 63014-63407 $ 714,489.83 Salary Clearing Fund Warrant #s 7004766-7004790 $ 498,833.99 8.8 Approval of a resolution, effective January 1, 2020, for participants of the PEBB Medical program, which allocates through the pooling method- $963.08 per month County contribution for all employee single enrollments on medical • $1,460.21 per month for Teamsters General Services Collective Bargaining Agreement in place, but not ratified on January 1, 2019 with dependent enrollments • $1,512.21 per month for Teamsters Community & Family Health and IWA Deputy Prosecutors Collective Bargaining Agreements in place, but not ratified on January 1, 2020 • $1,564.21 for all Elected Officials, eligible Non-Represented, and Teamsters Probation and IWA Public Defenders whose Collective Bargaining Agreements are in place and ratified on January 1, 2020. 8.9 Approval to sign a letter of support for the Squaxin Island Tribe's application to take into trust properties previously held by the aquaculture business Clamfresh known as"Quarters Point"and specifically identified as parcel nos. 31914-10-80830, 31914-24-90032 and 31914-40-80840. 8.10 Approval of the FY19 Emergency Management Performance Grant, Contract #E20-121 in the amount of $35,677, and approval to allow the Emergency Management Manager to sign on behalf of Mason County. 8.11 Approval to authorize Public Works/ER&R to advertise, set bid opening date/time award and allow the Chair to sign all pertinent documents for the call for bids to furnish Mason County with Asphaltic Materials for the 2020 calendar year. Contract awards will be announced at a scheduled meeting of the Board of County Commissioners. 8.12 Approval to authorize Public Works/ER&R to advertise, set bid opening date/time award and allow the Chair to sign all pertinent documents for the call for bids to furnish Mason County with culvert pipe and linings for the 2020 calendar year. Contract awards will be announced at a scheduled meeting of the Board of Mason County Commissioners. 8.13 Approval to authorize Public Works to use the County Vendor Roster to solicit and establish a 2020 surfacing materials unit pricing vendor list and purchase quantities as needed. 8.14 Approval to set a hearing for Tuesday, December 3, 2019 at 9:15 a.m. to consider a code amendment to Mason County Code Chapter 13.31, section 060, (A1.a), (G) and (H) regarding Capital Facilities Charges schedule and exceptions. 8.15 Approval to have the Chair sign the following Title VI of the Civil Rights Act related requirements: 1. Updated Title VI Non-Discrimination Agreement and US Department of Transportation (USDOT) standard Title VI/Non-Discrimination Assurances. 2. The Annual Accomplishment and Update Report covering the reporting period from May 1, 2018 to April 30, 2019. J:\AGENDAS\2019\2019-11-05 REG.doc MASON COUNTY COMMISSIONERS' MEETING AGENDA November 5, 2019— PAGE 3 8.16 Approval to set a hearing on Tuesday, December 3, 2019 at 9:15 a.m. to consider entering into a lease agreement with Verizon Wireless LLC to construct a new unstaffed wireless communication facility on a portion of Public Works facility property, parcel 42002-21-90010 at 100 W. Public Works Drive, Shelton, and approval to authorize the Chair to sign the Memorandum of Land Lease Agreement. 8.17 Approval to set a hearing on Tuesday, December 3, 2019 to consider approving the franchise agreement applications between Mason County and the following: • Belfair Water District #1 • Trails End Water District #2 • Cherokee Strip HOA & Water • Collins Lake Community Club • Kamilche Point Community Club • Lake Limerick Water System LLCC • Shorecrest Estates Water Company • Star Lake Community Club • Holiday Beach Home Tracts W/S, granting permission to run the utility lines under and across county road rights of way. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider revisions to Mason County Building Code 14.09.031. Staff: Kristopher Nelsen 10.2 Public Hearing to consider adoption of the 2020 Annual Construction Program. Staff: Diane Sheesley 10.3 Public Hearing to consider adoption of the six-year Transportation Improvement Program. Staff: Diane Sheesley 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-11-05 REG.doc cic"KK MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: November 5, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Economic Development Council sent in 2019 third quarter report. 4.1.2 Jerry Ohail sent in a letter regarding North Bay Sewer System rate increases. 4.1.3 FEMA sent in a letter removing case # 19-10-1306A from Special Flood Hazard Area on the effective National Flood Insurance Program (NFIP) map. 4.1.4 Department of Health sent in Administrative Order reclassifying a portion of the Oakland Bay Commercial Shellfish Growing Area in Mason County from Conditionally Approved to Approved. 4.1.5 Department of Health sent in an Administrative Order reclassifying a portion of the Hammersley Inlet Commercial Shellfish Growing Area in Mason County from Conditionally Approved to Approved. 4.1.6 Washington State Department of Revenue sent in a Levy for Mason County Public Hospital District 2. 4.1.7 Letter sent in from Christopher B. Keffeler Re: Legal Situation. 4.1.8 Letter Received From DNR re: Long Term Conservation Strategy for Marbled Murrelet. (original on file) 4.1.9 U.S. Fish and Wildlife Service sent notice of a 60 day comment period re: The Streaked Horned Lark Recovery Plan. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk Melissa Drewry Sent: Tuesday, October 29, 2019 10:14 AM To: Melissa Drewry Subject: FW: Comments Sought on Streaked Horned Lark Recovery From: Froschauer,Ann <ann froschauer@fws.Rov> Date: Tue, Oct 29, 2019 at 9:48 AM Subject: Comments Sought on Streaked Horned Lark Recovery To: Comments Sought on Streaked Horned Lark Recovery U.S. Fish and Wildlife Service Announces Availability of Draft Plan PORTLAND, OR-Actions to help recover a threatened prairie bird are outlined in a draft Recovery Plan for the Streaked Horned Lark,released today by the U.S.Fish and Wildlife Service (Service). The Service is seeking input on recovery measures suggested in the plan through an open 60-day public comment period ending December 30,2019. Recovery plans are developed for plants and animals listed as endangered or threatened under the federal Endangered Species Act(ESA). These plans provide a blueprint of recommended actions for state, federal, corporate and other managers to improve the status of listed species so they reach the point of no longer need the protection of the ESA. The streaked homed lark, a subspecies of the horned lark,is found exclusively in western Washington and Oregon. It is a ground-nesting bird found in open grasslands, sparsely vegetated areas in the Willamette Valley and on Puget Sound prairies, on sandy islands in the Columbia River, and along the Washington coast. In October 2013,the streaked homed lark was listed as threatened under the ESA due to threats posed by the loss or degradation of its prairie ecosystem, coastal habitats and sandy islands. As a result of the widespread control of the natural fire and flooding,much of the lark's native habitats have disappeared. The bird now finds habitat on a variety of working lands including agricultural fields in the Willamette Valley,training ranges at Joint Base Lewis-McChord, airports throughout its range, and dredge material placement sites in the lower Columbia River. In the five years since listing,many conservation actions have been implemented by the Service and its partners, and as a result,the status of the lark has improved. Goals included in the draft recovery plan focus on restoring a self-sustaining population of streaked horned lark within its current range. In addition,the population should be well-distributed where suitable habitat is protected and managed to support larks. One of the main actions recommended in the plan is acquisition of habitats that can be managed specifically for lark conservation. The plan also recommends additional research into the species' needs and threats to its survival; development of incentive programs for agricultural producers to create and maintain appropriate lark habitat on working lands, and public education and outreach. To review the draft Recovery Plan, visit http://www.fws.gov/endaneg red/species/recovery-plans.html. 1 Instructions on how to comment can be found at http://www.fws.gov/oregonfwo/. All relevant information received from the public, government agencies,the scientific community, industry, and other interested parties will be considered and addressed in the final recovery plan. The draft Recovery Plan for the Streaked Horned Lark is supported by the Streaked Horned Lark Biological Report and the Recovery Implementation Strategy, which are all available at https://www.fws. ov/pacific/ecoservices/endangered/recovery/larkrecoveKy.html More information on the streaked horned lark is available at http://www.fws.gov/ofwo/ . Ann Froschauer [She/Her/Hers] Acting Deputy State Supervisor Washington Fish and Wildlife Office U.S.Fish and Wildlife Service 360-753-4370(o) 360-561-2018(c) Check out our official Washington Fish and Wildlife Office Facebook page! 2 Lc UrvnwnZ�iveainenm,anuay& i raSK Clerk �PSHINGTGti �1,� 3` ° ZlOF NATU0.0��b A1gs `V� September 2019 c0MMi SONY s Dear Interested Party, The Washington State Department of Natural Resources(DNR)is developing a long-term conservation strategy for the marbled murrelet. DNR will amend the 1997 State Trust Lands Habitat Conservation Plan (1997 HCP)and apply for an amendment to DNR's incidental take permit for the marbled murrelet under the Endangered Species Act. Once approved by U.S.Fish and Wildlife Service and the Board of Natural Resources,the long-term conservation strategy will replace the current interim strategy for the marbled murrelet.It will be implemented in concert with the other conservation strategies under the 1997 HCP. The marbled murrelet is listed as a threatened species under the federal Endangered Species Act. These small, fast-flying seabirds have an intriguing life history, spending most of their lives in the marine environment and nesting inland on large tree limbs in older forest in western Washington.Marbled murrelet population decline in Washington has been linked to the loss of inland nesting habitat, as well as threats in the marine environment. The lack of a marbled murrelet long-term conservation strategy has created challenges and uncertainties as we conduct forest management activities and implement the 1997 HCP.A long-term conservation strategy will better identify strategically important murrelet nesting habitat on DNR- managed lands and therefore contribute to long-term conservation of the species,while providing long-term certainty for timber harvest and other management activities on forested state trust lands. This final draft environmental impact statement(FEIS)evaluates seven alternative long-term conservation strategies and a no-action alternative(the current,interim strategy). Each action alternative provides a unique approach to murrelet habitat conservation,designating varying amounts of habitat for conservation and applying conservation measures to ensure long-term protection of forestlands important to the marbled murrelet. This document was produced collaboratively with the U.S. Fish and Wildlife Service and is intended to satisfy the environmental review requirements of both the State Environmental Policy Act and National Environmental Policy Act.Further information is posted at dnr.wa.gov/mmltcs. Thank you for sharing my interest in habitat conservation for the marbled murrelet and the sustainable management of state trust lands. Hilary Franz Commissioner of Public Lands DEPARTMENT OF FOREST RESOURCES DIVISION 360-902-1600 NATURAL RESOURCES 1111 WASHINGTON STREET SE WWW.DNR.WA.GOV OLYMPIA,WA 98502 This page intentionally left blank. cc: CMMRS Neatherlin, Shutty&Trask i -IF-GEIVED Clerk OCT 2 5 2019 P MaSOn Counfy col'TIMISSioners 000 PI 14 L L Y ,Vt-we "a t V440, _4'o,4 0 L 001 d 44� Ile, XZ4,�j 6� /i.J f ^l xL-SL f�I C�ji� it=G � ✓" "�" �r =• .y/f L�"� - � � ,��f/a�`.l Jy-..I, . `:.��!...,_ �-r. , �i Ir..•� � r�_ 4.-"1� � Y .f� f � r 461 or 1.xvL�o4U �t l ol oe (may 1 L 4i�i LAI •� �-�' ��•ts'""' G � ��v� _ _� �t _ ��.Vis.+ ��/� ��. : f 1 17 l i - - . - - - --j- 444 ��' "� •-! -- -_ . .. �-?i -,.s}��-'�-�. .-r7i7��'�J �f '.f.� .-�j.'-:�r ,v� ♦�- -1-�-bra � � - , r `a 7V7/ 1'01 1` AF /pl- /10.�I f It I C -Aw"I Or" .01 'Op y. t;7 A f y-jp r OPl t' OVA'/ tit boa iio 4 1-14 r 71 4140 �y1 r , OF { . i DISTRICT COURT OF WASHINGTON COUNTY OF MASON STATE OF WASHINGTON, Case No.9ZO786677 Plaintiff, vs ORDER Christopher Benjamin Keffeler , Defendant. IT IS HEREBY ORDERED The Defendant has been found to be in seven counts of Contempt. The counts are: 1. Refusing a lawful order of this court to leave the courtroom,go to the Clerk's Office to sign a promise to appear to quash the two outstanding warrants. 2. Responding in a contemptuous manner and interrupting the court while these matters were being discussed. I Five other instances.of interrupting the court. These contempts occurred in the courtroom,in open court. The Sentence on each count is thirty days in jail,to be served consecutively and a five hundred dollar fine on each to be consecutive to each other. It is hereby ordered that the Mason County Jail take the defendant into custody to serve each sentence consecutively. In the event the defendant wishes to purge his contempt by apologizing to the court,he may notify the correction staff. Total jail sentence is 210 days. DONE this day of ,20 • JUDGE/COURT COMMISSIONER Presented by: DEPUTY PROSECUTOR, WSBA# ATTORNEY FOR DEFENDANT Defendant District Court of Washington For the County of Mason No. PA0018071 FINDINGS OF FACT; STATE OF WASHINGTON, CONCLUSIONS OF LAW; AND Plaintiff, ORDER ON CONTEMPT vs. CHRISTOPHER BENJAMIN KEFFELER, (Clerk's Action Required) Defendant FINDINGS OF FACT The Court finds that: 1. This court was conducting court on September 9, 2019. 2. The Defendant came into court to, according to him, observe. He did to some degree interrupt the court proceedings occurring but no contempt findings were made. 3. After the hearing that was in progress when the Defendant came into court was concluded, the court asked the Defendant for his name, which the Defendant provided. 4. The court looked up the Defendant's record in JABS and discovered that he had a warrant for his arrest. This judge misread the record in a slight degree. There were two warrants but one was in Cowlitz County. There was a warrant out of this court in Mason County District Court. S. Upon discovering this, the court advised the Defendant of the,warrant and ordered him to leave the court room and go up to the District Court Clerk's Office to get a warrant quash hearing. 6. The Defendant refused to do so, even after the court advised him that to refuse to do so would be contempt. 7. The Defendant still refused to follow the court's instruction and he was found in one count of contempt. FINDINGS OF FACT; CONCLUSIONS OF LAW AND ORDER ON CONTEMPT 8. As the court was explaining this to the Defendant, the Defendant interrupted the court and so was found in a second count of contempt. 9. The Defendant continued to interrupt the court, despite being told that further interruptions would result in further contempt findings. The Defendant interrupted the court at least five additional times, resulting in an additional five counts of contempt. Maximum penalties were imposed on each count, consecutive. 10. As further evidence of the of the Defendant's contemptuous demeanor, he also made at least two threatening or disrespectful facial gestures at this judge. 11. The Defendant was not given an opportunity to speak in mitigation of his contempt as his behavior was escalating and the result would have resulted in nothing more than further counts of contempt. 12. All of the contempt counts occurred in the presence of this judge. 13. The order on contempt does contain a provision that would allow the Defendant to purge himself of contempt should he so choose. CONCLUSIONS OF LAW The court concludes as a matter of law that: 1. This court has jurisdiction hear this matter. 2. RCW 7.21.050 allows the court,to impose summary contempt when the contempt occurs in the court room and is heard or seen by the judge making the findings of contempt. 3. Because the contempt findings all occurred in open court, in the court room, in the presence of the judge making the contempt findings, the court had the authority to impose the seven counts of contempt and the penalties attached to them. 4. Because the Defendant's contemptuous and disruptive behavior was escalating, compelling circumstances demanded that the Defendant not be offered a chance to speak in mitigation of the contempt. h DATED THIS Day of September, 2019. JUDGE FINDINGS OF FACT; CONCLUSIONS OF LAW AND ORDER ON CONTEMPT MASON COUNTY DISTRICT COURT, STATE OF WASHINGTON STATE OF WASHINGTON, NO. 820055233,PA0018071 Plaintiff; VS. ORDER APPOINTING OR SUBSTITUTING COUNSEL KEFFELER,CI-IRISTOPHER B Defendant. F:71 New Appointment Probation Violation Re-Appointment Other: ORDER The court having reviewed the defendant's financial ability to retain counsel, it is hereby: ORDERED that the previously appointed counsel is hereby withdrawn due to a conflict between the previously appointed counsel and defendant, and it is hereby 0 ORDERED that Mason County Office of Public Defense is hereby appointed and ordered to represent the defendant in the above cause(s)until the court enters judgment and sentence or enters an order of dismissal during the time this matter is pending in District Court. aORDERED that this assignment of a lawyer is conditioned upon payment in part or whole of defense lawyer's fees and the cost of other defense services in the event the defendant becomes able to pay them. ORDERED that the defendant may be ordered to pay the cost of appointed counsel in amount to be determined based upon this court's finding that the defendant has the ability to pay said cost. Defendant shall contact the Mason County Public Defense office within 2 business days of this Order of Appointment at 410 N.41t'St., Shelton, WA. 98584, (360)427-9670 ext 598 or the number below to either obtain information regarding specific attorney appointed or to meet with attorney assigned below. R] Done in open court in the presence of the Defendant, and Defendant has received a copy. DATED —UD JU - ro- em Judge FOR OFFICL4L USE ONLY. (10 beflled out by Public Defenders Office) . cy�y; L A(Z()LA Q BAR 4 �7 is appointed as lawyer for the defendant and may be reached by calling 360-427-9670 ext 598 or ext. or at The appointed lawyer may be assisted by lawyers in the same firm as the appointed lawyer. DislctCommon(k)Forms/Judgment and sentence/Order appointing or substituting counsel February 2018 i IN THE DISTRICT COURT OF THE STATE OF WASHINGTON IN AND FOR MASON COUNTY STATE OF WASHINGTON, Plaintiff, COURT ORDER VS. C Lw efen dant COURT ORDER ❑ Request Granted ❑ Request Denied ❑ Setup on Payment Plan ❑ Schedule Hearing ❑ Lift FTA ❑ Pull or clear from collections ❑ set back up on time pay. ❑ No Contact Order Remains—File motion to modify or rescind ❑ No Contact Order Rescinded ❑ File Appropriate Motion ❑ Send copy to: ❑ Prosecutor ❑ Attorney ❑ Probation [� Other: CAI-"T 1j) A,2? T 11 ,i 117' � Dated:___ Judge 419 N.41h St. Phone: (360)427-9670 ext. 339 PO Box"0" Fax: (360)427-7776 Shelton, WA 98584 Email: districtcourt@co.mason.wa.us MASON COUNTY DISTRICT COURT 419 N 4TH ST Bench Warrant P O BOX O SHELTON.WA 98584 MASON COUNTY Defendant 360.427-9670 XX 339 COUNTY DOB 03/0911974 Sex M Race W t IL Height 6ft tin Weight 285 MASON COUNTY I K1 Hair BRO ,r. "If STATE OF WASH I K ECB260DZ St WA Exp 3/0912023 Plaintiff,vs I 5180DD2 DOC# D. 119633 Employer KEFFELER, CHRISTOPHER BENJAMIN AKA/DBA GENERAL DELIVERY SHELTON,WA 98584 KEFFLER,CHRISTOPHER B 0310911974 CHAVEZ,ROBERT ALLEN 10/2111978 Physical Description HAIR COLOR ALSO BRO Alternative Address Defendant Violation The Slate of Washington to all Peace Officers, Officer'sVi01. Date 311512018 Greetings:A complainUinformation under oath or certification has been filed in this court. charging the defendant with the crimes hereon described. Number Orig Agy Therefore,in the name of the Slate of Washington,you are commanded to arrest the Ori A MPR Case No defendant and keep the defendant in custody until the defendant is discharged according to 9 Agency law,and make due return of this warrant with your manner of service endorsed thereon.Cash Complainant- Under or surety bond to be approved by court.Service of this warrant by telegraph or leletype is Oath or Certification authorized. Description of Charge(s): 9A.48.090 MALICIOUS MISCHIEF-3 Warrant Bail $5,100 Warrant Exp 12/19/2025 Case No PA0018071 Cash Bail or Bail Bond Reason(s)for Issuance: Failure to Appear for Hearing Comments FTA/REV 12/19/2018`HIGH PRIORITY"" 1� PRIORITY .. .3........................................................................................................................................................................... ................... ........................................... ...... Given Under My Hand This 19 Day Of Dece(////,IV 2018 1 Judge (/// /,IV CA: I — MEADOWS, VICTORIA C ............................................................................................................................................................... I Hereby Certify That I Arrested the Named Defendant Service Fees On The ay of 120 Service Officer Mileage Agency Total cc: CMMRS Neatherlin, Shutty&Trask Clerk RECEIVE® October 14, 201 Randy Netherland OCT 17 2019 Mason County Commissioner Mason County 411 N 5th Street Commissioners Shelton, Wa 98584 RE: North Bay Sewer System Rate Increases Dear Commissioner Netherland, It has come to my attention that our statement for monthly sewer charges have been increasing for several years. It is my understanding these increases are based on annual "consumer price increase (CPI)for the Bremerton area pursuant to Mason County Resolutions. The monthly increases are presentlly assessed on the Gross monthly sewer statements. Said gross monthly statment, of course, includes All costs incurred by the sewer district. Fixed costs(costs that don't increase annually)should not be included in the CPI computations. For example there are two large bonds issued: I. State of Washington (0%int rate) 2. Federal (4.75% int rate). Further, all other fixed district expenditures, such as payment for lawsuit, should not be included in the CPI increases for the following years' statements. Initially,we were advised that our monthly statement would be$48.00. At the present rate of increases,we will soon be paying triple the original amount. I have enclosed a copy of the sewer rates paid in several other cities in the area. In Lakeland Village alone, there have been several new sewer hook-ups,which substantially adds to the sewer districts income stream. Perhaps added CPI increases are therefore unnecessary. Please do what you can to provide some relief to the residents in the North Bay Sewer District. Very truly yours, J e r� TC Ohail Allyn, Wa,98524 Enc: Sewer District Rate Comparison 1 Lakehaven Water and Sewer District 2017 Monthly Rate Comparison o ao Monthly Residential Water Charges $64.02 (7ccf/mo, smallest meter) $59.67 - S55.68 $S1.Z2 $51.90 $52.36 $50.00 $46.94 $47.25 $41.52 542.25 $44.02 $39.17 $39.56 $40.70 $41.01 $41.35 $40.00 $37.93 _ _ _ . $34.45 536.21 $37.12 _ 530.00 $24.91 $23.21 520.00 -- - S10A0 ep J� IN a �aVerC,�aa°kQ'Jha♦ a ��a �o tec� L.ht `tea�.a t`oa ell Z\y�aZ\` y` yr V teaJJZtt�.�.a\�G��`�t♦P�,.�e.�ae\o`eaae\�PoO��5` Aa ♦ °k cp� �` ° ? 0 kQZioa ° kms �O 9 '�Oa`Jtie♦tate\ \,O C °te � ♦e� t w° ~ ` G� iazzV2a ` `' � ` °° °� E�, kg ° o ° oo `yae\ 40 6A S100.00 Monthly Residential Sewer Charges $90-51Sso.00 (7ccf/mo) s� $81.56 $So.00 - $72.57 $72.98 573.22 $70.00 $69.11 $70.22 $65.70 $66.38 - -- - - - $62.75 558.37 559.88 $53.77 $55.17 55.92 -- $50.00 $47.14 $40.00 - - $31.44 $31.50 $30.00 $26.00 $20.00 - $10.00 r R. ��abaah2�s.♦P�e`rra�J25��o�JiQo�et4G 4��°� `� ``�F ``w♦ ZaC.teeOOZo � �J Ja5♦� `Qfh S ea W, ♦ o ♦a ♦� e°� joo ♦, P ° � Ok kq --A o ° 0 o° o G�° 5 L` e cc: CMMRS Neatherlin, Shutty &Trask Clerk 2019 Q3 Report: Economic Development Council of Mason County The Mason EDC is the lead designated economic development agency for Mason County.We represent the County and local businesses on a number of statewide, national and international issues.At the heart of the work the EDC does are four main principles: • RECRUIT investment and employment opportunities to the region, • RETAIN existing local businesses by providing technical assistance and advocacy, and • EXPAND operational capacity for local employers by providing them with new market opportunities. • COORDINATE economic development efforts in Mason County,the region, and the state. 2019 Scope of Services 0 CONTRACTOR to provide a budget by expense category totaling$68,000 for the 2019, one-year contract to the BOCC within fifteen days(15) of contract execution. COMPLETED Z CONTRACTOR to provide update to Board of County Commissioner... Deliverable: At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work during public testimony at commission meetings. Q3: Monthly RECRUITMENT& MARKETING 0 CONTRACTOR to market Mason County as excellent locations to expand or relocate ... Deliverable: number of businesses contacted. Q3: New leads: 5 Potentials Pipeline: 9 Sites: Industrial Land -Work beginning on examination of current industrial land and potential development areas. Property portfolio development and distribution at Economix that directly engaged site selectors in industrial development. Commercial sites-identification of potential projects areas, review of current infrastructure, assessment of needed infrastructure to make marketable. Runway Business Park-Site plan development moving forward. Q CONTRACTOR to provide site location assistance ... Deliverable: Quarterly list of project names. Q3: Project BB—wood pellet manufacturer Project Hotel— Project Sniper—1000 meter shooting range for regional law enforcement&security officers Project Ridge X—Ridge Motorsports Park expansion Project Flat tire—Lobbying efforts against CNW racetrack Project Bingo—Math game for children (marketing) RECEIVED Industrial Lands Project in Belfair OCT 16 2019 BUSINESS RETENTION &EXPANSION ACTIVITIES Mason County Commissioners Deliverable: quarterly dashboard of communication analytics. Q3: DASHBOARD OF ANALYTICS: 2019 Q3 WEBSITE—NO UPDATE—UNDER CONSTRUCTION 3624 8422 90% 71091 SOCIAL MEDIA Followers:1076 Followers:30 New Followers:204 New Followers:5 Page Views:642 New Tweets:0 Likes:1036 Post Reach:52,288 Q CONTRACTOR to provide business retention and expansion services ... Work has begun to transition the 'Business Spotlights' into a formal BRE program.This program will incorporate a wide range of tools and services designed to help local businesses become more competitive and to grow where they are rather than relocate. Deliverable: number of businesses visited. Q3: 24 Deliverable: number of follow-ups with existing businesses. Q3: 9 • CONTRACTOR to participate ... in the coordination of the job skills training program and the customized training program within its region. Q3: Pacific Mountain Workforce Development Council—Jennifer attended the National Association of Workforce Boards in Washington, DC. CDBG Business Builder Course—Enterprise for Equity is working with Mason County on the new grant contract. BUSINESS ASSISTANCE 0 CONTRACTOR to provide or facilitate the provision of export assistance. ❑✓ CONTRACTOR to provide business assistance ... Deliverable: number of businesses that direct assistance was provided. Q3: 15 Deliverable: and number of follow-up interactions. Q5: 9 READINESS&CAPACITY BUILDING CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually. Submit to COUNTY for review and approval on or before 6/30/18.—Deadline extended to 8/31/2018. Q CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. Q CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. Q CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. o Opportunity Zones Q CONTRACTOR to provide an annual snapshot of local economic conditions ... Deliverable: Economic Vitality index in December 2019. cc: CMMRS Neatherlin, Shutty&Trask Clerk Ot?A,R Federal Emergency Management Agency F�9 c Washington, D.C. 20472 ND Sti OCTOBER 15,2019 MR.KEVIN SHUTTY CASE NO.: 19-10-1306A CHAIR,BOARD OF COMMISSIONERS COMMUNITY: MASON COUNTY, WASHINGTON MASON COUNTY (UNINCORPORATED AREAS) 411 NORTH 5TH STREET COMMUNITY NO.: 530115 SHELTON, WA 98584 DEAR MR. SHUTTY: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area,the area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Revision (LOMR) V Zone Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property,and our determination. Additional documents are enclosed which provide information regarding the subject property and LOMRs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination/Comment document. If you have any questions about this letter or any of the enclosures,please contact the FEMA Map Information eXchange toll free at 1-877-336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 3601 Eisenhower Avenue, Suite 500, Alexandria,VA 22304-6426. Sincerely, Luis Rodriguez,P.E.,Chief Engineering Management Branch Federal Insurance and Mitigation Administration List of Enclosures • LOMR-VZ DETERMINATION DOCUMENT(REMOVAL) cc: State/Commonwealth NFIP Coordinator RECEIVED` Community Map Repository Region OCT 212019 Mr.Daniel F.Holman Mason County Cnmmissioners Page 1 of 2 Date: October 15,2019 Case No.: 19-10-1306A LOMR-VZ Federal Emergency Management Agency s � � 0 4� Washington, D.C. 20472 ND SEGJ LETTER OF MAP REVISION - COASTAL HIGH HAZARD AREA DETERMINATION DOCUMENT (REMOVAL) COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION A portion of Section 34,Township 21 North, Range 2 West,as described in the Statutory Warranty Deed recorded as Document No. 1847951,in the MASON COUNTY,WASHINGTON Office of the Auditor, Mason County,Washington COMMUNITY (Unincorporated Areas) COMMUNITY NO: 530115 NUMBER: 53045CO495E AFFECTED MAP PANEL DATE: 6/20/2019 APPROXIMATE LATITUDE&LONGITUDE OF PROPERTY: 47.265843,-122.917990 FLOODING SOURCE: PICKERING PASSAGE SOURCE OF LAT&LONG: GOOGLE EARTH PRO DATUM: NAD 83 DETERMINATION OUTCOME 1%ANNUAL LOWEST LOWEST WHAT IS CHANCE ADJACENT LOT BLOCK/ SUBDIVISION STREET REMOVED FLOOD FLOOD GRADE LOT SECTION FROM THE ZONE ELEVATION ELEVATION ELEVATION SFHA (NAVD 88) (NAVD 88) (NAND 88) 331 East Hideaway Structure X 25.6 feet -- Lane (Residence) (unshaded) Special Flood Hazard Area(SFHA)—The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year(base flood). ADDITIONAL CONSIDERATIONS(Please refer to the appropriate section on Attachment 1 for the additional considerations listed below) ZONE V This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Revision for the property described above. Using the information submitted and the effective National Flood Insurance Program(NFIP)map,we determined that the structure(s)on the property is/are not located in a Coastal High Hazard Area or the SFHA,an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year(base flood). This document revises the effective NFIP map to remove the subject property from the Coastal High Hazard Area and the SFHA located on the effective NFIP map;therefore,the federal mandatory flood insurance requirement does not apply. However,the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy(PRP)is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document,please contact the FEMA Map Information eXchange toll free at 1-877-336-2627(FEMA MAP)or by letter addressed to the Federal Emergency Management Agency,LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6426. Luis Rodriguez,P.E.,Chief Engineering Management Branch Federal Insurance and Mitigation Administration Page 2 of 2 Date: October 15,2019 Case No.: 19-10-1306A LOMR-VZ PA�RTF�L Federal Emergency Management Agency Washington, D.C. 20472 JND SE�J LETTER OF MAP REVISION — COASTAL HIGH HAZARD AREA DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) ZONE V (This Additional Consideration applies to the preceding property(ies)) A portion of this property,but not the subject of the Determination/Comment Document, is located within a Coastal High Hazard Area(Zone V, VE or V1-30). Therefore,any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth,and local regulations for floodplain management. No construction using fill for structural support or that may increase flood damage to other property may take place in these areas. This attachment provides additional information regarding this request. If you have any questions about this attachment,please contact the FEMA Map Information eXchange toll free at 1-877-336-2627(FEMA MAP)or by letter addressed to the Federal Emergency Management Agency,LOMC Clearinghouse,3601 Eisenhower Avenue,Suite 500,Alexandria,VA 22304-6426. Luis Rodriguez,P.E.,Chief Engineering Management Branch Federal Insurance and Mitigation Administration cc: CMMRS Neatherlin, Shutty &Trask Clerk 6 STATE v. 4. 4 Y, � z W� 01 9y I889 STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY PO Box 47824.Olympia, Washington 98504-7824 (360) 236-3330 • TDD Relay Service 1-800-833-6384 (TDD/TTY 711) October 18, 2019 The Honorable Kevin Shutty, Chair Mason County Board of Commissioners 411 North Fifth Avenue Shelton, Washington 98584 Dear Commissioner Shutty: Enclosed is an Administrative Order reclassifying a portion of the Oakland Bay Commercial Shellfish Growing Area in Mason County from Conditionally Approved to Approved. This change in classification is prompted by the results of a comprehensive review of pollution conditions and marine water quality data which indicates that significant improvements have been made in sanitary conditions within the watershed of Oakland Bay. The area being reclassified is identified by boundary lines on the map included in the enclosed Sanitary Survey report and Exhibit A of the Administrative Order. If you have any questions, please contact Trevor Swanson at(360) 236-3313. Sincerely, IN Todd Phillips, R.S. Office Director Enclosures VF OCT 2 12019 Mason County Commissioners CERTIFIED RETURN RECEIPT STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY MASTER CASE NO. M2019-1034 In the Matter of the Reclassification of the ) FINDINGS OF FACT, Commercial Shellfish Growing Area in ) CONCLUSIONS OF LAW AND INITIAL Oakland Bay ) ORDER: RECLASSIFYING THE COMMERCIAL SHELLFISH GROWING AREA 1 To: The Honorable Kevin Shutty, Chair 2 Mason County Board of Commissioners 3 411 North Fifth Avenue 4 Shelton, Washington 98584 5 6 SECTION 1. FINDINGS OF FACT 7 1.1 Under RCW 69.30.050 and WAC 246-282, the Department of Health has the authority 8 and responsibility to inspect and certify all commercial shellfish growing areas. 9 1.2 Under WAC 246-282-005(1), the Department certifies commercial shellfish growing 10 areas based on the Growing Area Classification defined under Section IV.@.03 of the 11 National Shellfish Sanitation Program Model Ordinance ("the NSSP"). 12 1.3 The Department has analyzed water quality data and reviewed pollution source 13 information for the commercial shellfish growing area in Oakland Bay. The Department's 14 evaluation is attached to this Initial Order and is a part of this Initial Order. 15 1.4 The results of the Department's evaluation demonstrate that a part of the commercial 16 shellfish growing area that is currently classified as Conditionally Approved now meets 17 the standards for an Approved classification under the NSSP. 18 1.5 The area being changed in classification from Conditionally Approved to Approved in 19 Oakland Bay is shown in EXHIBIT A. 20 21 SECTION 2. CONCLUSIONS OF LAW 22 Based on the foregoing Findings of Fact, the Department makes the following 23 Conclusions of Law: 24 2.1 The Department of Health, Office of Environmental Health and Safety, has jurisdiction 25 over this matter. 26 2.2 Under RCW 69.30, WAC 246-282-005(1), and the NSSP, the findings of the 27 Department's evaluation of water quality data and pollution source information require 28 that the commercial shellfish growing area be reclassified as shown in EXHIBIT A. 29 2.3 Under RCW 34.05.461 and 43.70.115(2)(x), the Secretary of Health may determine 30 when this Initial Order may become a Final Order. 31 32 SECTION 3. INITIAL ORDER 33 Based on the foregoing Findings of Fact and Conclusions of Law and under the authority 34 of RCW 34.05.461, the Secretary enters the following Initial Order: 35 IT IS HEREBY ORDERED that a part of the commercial shellfish growing area in 36 Oakland Bay SHALL BE RECLASSIFIED as Approved as shown in EXHIBIT A. 37 IT IS FURTHER ORDERED that you may request a hearing in this matter. 38 IT IS FURTHER ORDERED that this Initial Order will become a Final Order 39 without further notice thirty-five (35) days from date of signature, unless you request a 40 hearing in the time frame specified below. 41 42 SECTION 4. REQUEST FOR ADJUDICATIVE PROCEEDING (HEARING) 43 If you wish to contest this decision, you (or your representative) must file a request for a 44 hearing within twenty-eight (28) days after you receive this document. To do this, you (or your 45 representative) must complete and file the "Application for Adjudicative Proceeding" that is 46 enclosed or complete and file a document that provides the same information. You must file the 47 request with the Department of Health's Adjudicative Service Unit in a way that shows that the 48 Adjudicative Service Unit received the request. 49 If you do not file a request within twenty-eight (28) days of your receipt of this decision, 50 your right to a hearing will be waived, and this Initial Order will become a Final Order without 51 further notice to you. 52 You must attach a copy of this Initial Order to your request. FILING IS NOT COMPLETE 53 UNTIL THE ADJUDICATIVE SERVICE UNIT ACTUALLY RECEIVES YOUR REQUEST. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360)236-4672 Dated this 18th day of October, 2019. TODD PHIL S, R.S., Director Office of Environmental Health and Safety Exhibit A, Map 1 : Oakland Bay Growing Area; Current Classifications C3 Oakland Bay �� .•;�,.«:�At�r If Health 0 1 21r111es Date Updated:2/14/2019 f I f kd �'/ � > �- taus.. �•.�'/�' � O _Q�� x129 12.7 758, �.. ° "r " ■ 126 >8a , 125 g +—" 858 i � I. , _—_�`� _ . .• cep r r' 66'3 766 05 1 I1J4 Classification Sampling Stations N = Approved IN W E Conditional — Prohibited - Restricted s - Unclassified -Scmeseoxfor easeosare highlghted with grey box fcr ease cf reading. Exhibit A, Map 2: Oakland Bay Growing Area-, Proposed Classifications C3 Oakland Bay /VAof Health r--- ` Date Updated 811542019 zo7r 4 47.2567,-123.0267 .ice f 614 l�o�rcr r. n � ■ i 753 47.2529,-123.0232 M Shahon cif Cko ' 47.2496,-123.0233 9+v I . -� Classification Sampling Stations N -Approved ■ E Conddional vv . - Prohibited - Restricted 5 Unclassified • Ih 2,e bog f 0 est 0 ur r;y�pnke with pr hr 60.k.c.fe ci ro.d/'p APPLICATION FOR ADJUDICATIVE PROCEEDING MASTER CASE NO. M2019-1034 IF YOU WISH TO REQUEST AN ADJUDICATIVE PROCEEDING in the above-referenced matter, you or your representative must, within twenty-eight (28) days of your receipt of this decision, complete and file this Application or a document providing substantially the same information with the Department's Adjudicative Service Unit in a manner that shows proof of receipt by Adjudicative Service Unit. FAILURE to submit an Application within twenty-eight (28) days of your receipt of the decision will constitute waiver of your right to an adjudicative proceeding, and the Department may decide this matter without your participation and without further notice to you. In what follows, please check the appropriate response. I do ❑ request an ADJUDICATIVE PROCEEDING in this matter. IF YOU DO NOT WISH TO CONTEST THE DEPARTMENT'S DECISION, YOU DO NOT NEED TO FILE THIS APPLICATION. If you file an Application with the Adjudicative Service Unit, you must attach a copy of the Department's decision. FILING SHALL NOT BE DEEMED COMPLETE UNTIL THE ADJUDICATIVE SERVICE UNIT RECEIVES YOUR APPLICATION. If, by filing an Application, you have requested an adjudicative proceeding, it may be conducted as a formal hearing, at which you would have the opportunity to respond, present evidence and argument, conduct cross-examination and submit rebuttal evidence. Alternatively, you may waive the formal hearing and submit a written statement and supporting documents, which may set out your position, your defenses and any mitigating circumstances that you may wish to bring to the Department's attention. In what follows, please check the appropriate response and provide the information requested. I do ❑ do not❑ waive my right to a formal hearing in this matter. If you have chosen to waive your right to a formal hearing, please indicate whether you are ❑ are not ❑ submitting any documents to the Department in support of your position. If you are submitting documents to the Department, please list and briefly identify all such documents in the space provided and on such additional sheets as may be necessary: Whether or not you have chosen to waive your right to a formal hearing in this matter, please state all grounds for contesting the Department's decision in the space provided and on such additional sheets as may be necessary: You have the right to be represented by an attorney in this matter. If you are a hearing-impaired person or a limited-English speaking person, the Department will provide interpretation and assistance with notices as provided for in WAC 246-10-121 and WAC 246-10-122. In what follows, please check the appropriate responses and provide the information requested. I will ❑ will not ❑ be represented by an attorney in this matter. If you have indicated that you will be represented by an attorney, please provide your attorney's name and address in the space provided below: If, after submitting this request, you obtain attorney representation or change attorneys, you must notify the Adjudicative Service Unit. I do ❑ do not ❑ require the assistance of an interpreter in connection with this proceeding. If you require the assistance of an interpreter, please indicate whether you are a hearing impaired person and/or a limited-English-speaking person and the language you most readily understand below: If you fail to timely file this Application or, if you timely file this Application, but fail to appear at any scheduled settlement conference, prehearing conference or hearing without leave to do so, you will be considered to have waived your right to a hearing and the Department may decide this matter without your participation and without further notice to you. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360) 236-4672 Dated this the day of 12019. Owner/Requester Contact Phone &Address: Party Party's Representative WSBA# 4 Addendum to the 2015 Sanitary SurveyReport of Oakland Bay August 2019 Washington State Department of ,4f* Health WASHINGTON STATE DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY SHELLFISH PROGRAMS Prepared by: Trevor Swanson Public Health Advisor Summary The Washington State Department of Health (Department) examined the most recent water quality data from the Conditionally Approved portion of Oakland Bay and found that Marine Stations 125, 126, 127, and 758 meet National Shellfish Sanitation Program (NSSP) numeric criteria for an Approved classification. Department staff followed conditional area upgrade protocols to determine whether a classification change from Conditionally Approved (closed for five days whenever >_ 1 inch of rain in 24 hours is recorded at the Taylor Shellfish FLUPSY) to Approved was appropriate. The Department concluded that 172 acres in the southern portion of the Conditionally Approved area, including stations 125, 126, 127, and 758, will be reclassified as Approved. The remaining area northeast of Station 758 will remain Conditionally Approved. Description of Growing Area Oakland Bay is a relatively shallow bay in Mason County, approximately five miles long and half to three quarters of a mile wide. Water depth averages 10 to 35 feet. There are currently 362 acres of Conditionally Approved area in the northern portion of the bay. Map 1, page 3, shows the Oakland Bay Growing Area, including marine sampling stations and classification boundaries. Pollution Correction In 2005-06 Mason Conservation District (MCD) implemented agricultural best management practices (BMPs) and farm plans, which appeared to significantly reduce marine fecal coliform concentrations (Figure 1, page 4). As of June 2019 MCD is continuing its outreach activities regarding farm plans in the area. The Oakland Bay Clean Water District (Shellfish Protection District) was formed in response to the high fecal pollution found throughout Oakland Bay in 2004-06 and has focused on water quality cleanup throughout the watershed since 2007. With grant funding from the National Estuary Program, recent work through Mason County's Pollution Identification and Correction (PIC) program has indicated fewer livestock in the area. Recent work in the Oakland Bay watershed has primarily consisted of education and outreach, including visiting properties door-to-door to meet with residents. The 2018 Oakland Bay Progress Report states that 1,471 individuals participated in various conservation, restoration, and water quality workshops throughout the year. Recently, an onsite septic system at a property of concern near Malaney Creek (Map 1, page 3) was dye tested and found to be negative for leakage. No Direct or Indirect sources of fecal pollution are known to occur in Oakland Bay. Water Quality A 2019 analysis of Oakland Bay data concluded that three days following a rainfall closure event (>_ 1 inch in 24 hours) are needed for bacteria in growing area waters to return to acceptable levels. Two days are added for the shellstock to purge bacteria and other pathogens. Therefore, five days is an appropriate closure period for rainfall events in the Oakland Bay conditional area. Only samples collected within three days of a rain event were used to evaluate marine water quality during rain events in the Conditionally Approved area. 1 Fecal coliform geometric means and estimated 90th percentiles (E90th) have continuously met NSSP numeric criteria for an Approved classification for over 14 years at stations 125-127 and 758 (Figure 1, page 4). The recent increase and decrease of the E90th from late 2018 to early 2019 at stations 125-127 and 758 was the result of one sampling event in December 2018 that occurred after a three-day, three-inch rain event. Such rain events are infrequent and random in the Oakland Bay watershed. The E90th at these stations is expected to decrease in upcoming months as more data are added to the 30-sample dataset. The last 30 samples from stations 125-127 and 758 are shown in Table 4, pages 7-10. The Department's protocol for determining upgrade eligibility within Conditionally Approved areas with rainfall closures requires six qualifying rain event samples to be included in the most recent 30-sample datasets (20 percent of samples) at all stations in the area. Geometric means and E90ths cannot exceed NSSP numeric criteria with these samples included. A qualifying rain sampling event for Oakland Bay occurs when at least one inch of rain falls in 24 hours and marine water samples are collected within three days of the rain event. Because only five such samples were included in the most recent 30-sample datasets, targeted rain event marine water sampling occurred on 3/30/2017. The results of the March 2017 sampling event fall within the date range of the most recent 30 samples. Results of this sampling event are shown in Table 2, page 5. Twenty-four-hour rainfall totals for the six regulatory and targeted rain sampling events are shown in Table 3, page 5. With the regulatory and targeted samples included in the most recent 30-sample datasets, all stations meet NSSP numeric criteria (Table 1, page 4). Individual, regulatory sample results for stations in the conditional area are shown in Table 4, pages 7-10. In addition to the marine water quality criteria, effective water quality improvement projects are required to be completed or underway at the time of the Department's evaluation. Also, water quality trends at stations eligible for an upgrade need to show that fecal coliform levels are stable or improving, ensuring a downgrade in the future is not likely to occur. As previously discussed, these conditions have been met. Conclusions Based on improved marine water quality at stations 125, 126, 127, and 758 in the Oakland Bay Growing Area and cleanup work performed by Mason County, Mason CD, and others, 172 acres in the Conditionally Approved area of Oakland Bay are reclassified to Approved. Map 2, page 6 displays the reclassified area, including GPS coordinates. Recommendations The Department should: • Continue to support PIC and other water quality improvement efforts in the Oakland Bay watershed. 2 ►o, C3 Oakland Bay 0 1 2 Miles Date Updated:2114!2019 // Fon ' 614 Y ste..-� .�_ 12 _� �- -_ � �-�I t�>�,. y,•..as � 758■ � �`�.,,�� 127 �� ,-�3 - � 6. I 5126 125� ■ �•� -�:,._ ' ��_.. n 4 e^ ■ 125 Ni N $ ' o \ 123 i L � f i ■ 15-- j - _ * .e• .r �.a ■14 1 ,a.. ;ft �i b8-may 6E3 6-567`- K _ 766 105 104 s.-- -�•''Y^T--•'- 113 Classification Sampling Stations N -Approved ■ W e Conditional - Prohibited - Restricted s - 'SomesemFlird stations ere hi�^.lightec Unclassified Mthgrey bcxfc•ease of reecird. Map 1. Current Oakland Bay growing area classifications and marine sampling stations. 3 60 Oakland Bay Conditional Area Rolling Estimated 90th Percentiles 55 i Station , 50 -- -125 45 Failing(43 FC/100ml-) —126 40 —127 J E —758 g 35 zr LL Threatened (30 FC/100ml-) E30 ------------------------------------------ 0 0 u u 25 v LL 20 15 10 5 0 - --- -- -- -- -- — -- –_ 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Figure 1. Rolling estimated 90th percentiles of regulatory samples collected at stations 125 -127 and 758 in the Conditionally Approved area of Oakland Bay. Table 1. Marine water quality data summary for stations 125 -127 and 758 in the conditional area of Oakland Bay. Statistics are for the last 30 samples with and without 3/30/2017 targeted samples. GeoMean Estimated Estimated (FC/100mL) 90th 90th Station Range (FC/100mL) (FC/100mL) Meets Number Classification Date Range (FC/100 mL) Regulatory Regulatory Targeted Standard* samples samples sample only only included 125 Conditionally 11/1/2016- 1.7-350.0 3.8 19.4 19.2 Y Approved 4/24/2019 126 Conditionally 11/1/2016- 1.7- 180.0 4.6 18.7 17.9 Y Approved 4/24/2019 127 Conditionally 11/1/2016- 1.7-240.0 4.8 26.7 26.2 Y Approved 4/24/2019 758 Conditionally 11/1/2016- 1.7-240.0 5.0 24.8 24.5 Y Approved 4/24/2019 *The standard for approved shellfish growing waters is a FC geometric mean not greater than 14 organisms/100 mL with an estimated 90th percentile not greater than 43 organisms/100 mL.The above table shows bacteriological results in relation to program standards. 4 Table 2. Results of targeted rain event sampling in the Oakland Bay Conditionally Approved area on 3/30/2017 by Taylor Shellfish and Squaxin Island Tribe. DOH marine station Fecal coliform/100mL 125 5 126 5 127 10 758 20 Table 3. Rainfall totals from the Taylor Shellfish FLUPSY rain gauge for qualifying rain events in Oakland Bay. Sampling date Rainfall at the Taylor Shellfish Number of days rain >_ 1 inch fell FLUPSY (total inches in 24 hrs) preceding sampling (approximate) 1/18/2017 2.23 0 3/20/2017 2.00 2 3/30/2017" 1.66 1 12/21/2017 1.80 2 11/26/2018 1.82 1 2 12/12/2018 1.55 0 *Targeted, non-regulatory samples. 5 M1 C3 Oakland Bay =�•r,,•,r r-----T - -, rOP Heal t1 r 05 1 Miles Date Updated 6115,2019 �1, '�+��. ". .gas ) -�f o •36 ' 3 20�T O �Q .,;• 47.2567,-123.0287 ° DoA sch it � ,� Q+�129 �� r� �• r i ice, 758 47.2529,-123.0232 r4 n � r •Sne4on / ^ ( —�IOibr+tY C- oil Gro - • 1 496,-123.D233 `L I � i t t Classification Sampling Stations N ® Approved • W E Conditional - Prohibited - Restricted 5 — Unclassified w:tl,Phi pp>tp e■)c N rlitl.'p Map 2. Oakland Bay Growing Area with new classifications and GPS coordinates. 6 Table 4. Individual sample results for marine stations 125, 126, 127, and 758 in Oakland Bay. Station 125 Classification: Approved Range(FC/100 mL): 1.7 - 350 Meets Standard: Yes GeoMean (FC/100mL): 3.8 Total Samples: 30 E90th (FC/100mL): 19.4 Surface Sample Event Type Time Tide Water Salinity Fecal Coliform Date Temperature (ppt) (FC/100mL) 11/01/2016 Regulatory 10:48 Ebb 13 19 6.8 12/19/2016 Regulatory 11:19 Flood 6 21 2.0 01/18/2017 Regulatory 11:23 Ebb 6 16 130.0 02/14/2017 Regulatory 10:54 Ebb 6 17 2.0 03/20/2017 Regulatory 11:39 Flood 8 8 2.0 04/17/2017 Regulatory 10:31 Flood 11 18 1.7 05/15/2017 Regulatory 10:17 Ebb 14 16 2.0 06/13/2017 Regulatory 09:53 Ebb 17 23 6.8 07/26/2017 Regulatory 09:48 Ebb 20 26 1.7 08/29/2017 Regulatory 14:31 Ebb 20 26 2.0 09/27/2017 Regulatory 12:08 Flood 17 27 1.7 10/09/2017 Regulatory 10:25 Flood 14 27 1.7 11/07/2017 Regulatory 10:30 Ebb 10 21 6.8 12/21/2017 Regulatory 10:18 Ebb 6 12 7.8 01/09/2018 Regulatory 09:53 Flood 8 16 4.5 02/08/2018 Regulatory 13:09 Ebb 9 15 13.0 03/21/2018 Regulatory 10:14 Ebb 9 23 1.7 04/19/2018 Regulatory 09:37 Ebb 10 12 1.7 05/17/2018 Regulatory 08:22 Ebb 16 22 2.0 06/21/2018 Regulatory 13:33 Flood 19 25 1.7 07/31/2018 Regulatory 09:22 Ebb 21 28 6.8 08/15/2018 Regulatory 10:57 Ebb 20 27 2.0 09/11/2018 Regulatory 09:34 Ebb 18 28 2.0 10/11/2018 Regulatory 10:15 Ebb 14 26 1.7 11/26/2018 Regulatory 10:40 Ebb 10 25 4.0 12/12/2018 Regulatory 10:12 Flood 7 4 350.0 01/09/2019 Regulatory 10:24 Ebb 8 18 11.0 02/25/2019 Regulatory 10:24 Flood 6 23 1.7 03/27/2019 Regulatory 10:37 Flood 10 24 1.7 04/24/2019 Regulatory 1 10:40 Ebb 13 23 1.7 7 Station 126 Classification: Approved Range(FC/100 mL): 1.7 - 180 Meets Standard: Yes GeoMean (FC/100mL): 4.6 Total Samples: 30 E90th (FC/100mL): 18.7 Surface Sample Event Type Time Tide Water Salinity Fecal Coliform Date (ppt) (FC/100mL) Temperature 11/01/2016 Regulatory 10:49 Ebb 13 8 11.0 12/19/2016 Regulatory 11:21 Flood 7 20 4.5 01/18/2017 Regulatory 11:25 Ebb 6 16 79.0 02/14/2017 Regulatory 10:56 Ebb 6 10 1.7 03/20/2017 Regulatory 11:42 Flood 8 10 4.0 04/17/2017 Regulatory 10:32 Flood 11 14 1.7 05/15/2017 Regulatory 10:18 Ebb 14 18 4.5 06/13/2017 Regulatory 09:54 Ebb 17 23 4.0 07/26/2017 Regulatory 09:50 Ebb 20 26 7.8 08/29/2017 Regulatory 14:32 Ebb 20 25 4.5 09/27/2017 Regulatory 12:10 Flood 17 26 1.7 10/09/2017 Regulatory 10:27 Ebb 14 27 1.7 11/07/2017 Regulatory 10:33 Ebb 9 22 4.5 12/21/2017 Regulatory 10:19 Ebb 6 16 9.3 01/09/2018 Regulatory 09:57 Flood 8 14 1.7 02/08/2018 Regulatory 13:10 Ebb 9 15 9.2 03/21/2018 Regulatory 10:15 Ebb 9 24 1.7 04/19/2018 Regulatory 09:39 Ebb 10 15 1.7 05/17/2018 Regulatory 08:23 Ebb 16 22 2.0 06/21/2018 Regulatory 13:35 Flood 19 25 4.5 07/31/2018 Regulatory 09:24 Ebb 21 28 11.0 08/15/2018 Regulatory 10:59 Ebb 20 28 4.0 09/11/2018 Regulatory 09:36 Ebb 18 28 2.0 10/11/2018 Regulatory 10:17 Ebb 14 19 4.0 11/26/2018 Regulatory 10:42 Ebb 10 26 4.0 12/12/2018 Regulatory 10:14 Flood 7 3 180.0 01/09/2019 Regulatory 10:26 Ebb 7 19 11.0 02/25/2019 Regulatory 10:25 Flood 7 23 4.5 03/27/2019 Regulatory 10:39 Flood 10 20 2.0 04/24/2019 Regulatory 10:43 Ebb 13 22 1.7 8 Station 127 Classification: Approved Range (FC/100 mL): 1.7-240 Meets Standard: Yes GeoMean (FC/100mL): 4.8 Total Samples: 30 E90th (FC/100mL): 26.7 Surface Sample Event Type Time Tide Water Salinity Fecal Coliform Date (ppt) (FC/100mL) Temperature 11/01/2016 Regulatory 10:51 Ebb 12 13 13.0 12/19/2016 Regulatory 11:22 Flood 6 12 23.0 01/18/2017 Regulatory 11:27 Ebb 6 13 130.0 02/14/2017 Regulatory 10:58 Ebb 6 12 2.0 03/20/2017 Regulatory 11:44 Flood 8 10 4.5 04/17/2017 Regulatory 10:34 Flood 11 14 4.5 05/15/2017 Regulatory 10:19 Ebb 13 17 4.0 06/13/2017 Regulatory 09:55 Ebb 17 23 1.7 07/26/2017 Regulatory 09:52 Ebb 20 26 7.8 08/29/2017 Regulatory 14:33 Ebb 20 26 1.7 09/27/2017 Regulatory 12:12 Flood 17 27 1.7 10/09/2017 Regulatory 10:28 Ebb 14 27 1.7 11/07/2017 Regulatory 10:35 Ebb 9 21 2.0 12/21/2017 Regulatory 10:21 Ebb 6 11 1.7 01/09/2018 Regulatory 10:06 Flood 8 15 1.7 02/08/2018 Regulatory 13:12 Ebb 9 15 23.0 03/21/2018 Regulatory 10:17 Ebb 9 19 1.8 04/19/2018 Regulatory 09:40 Ebb 10 13 1.7 05/17/2018 Regulatory 08:24 Ebb 16 22 2.0 06/21/2018 Regulatory 13:37 Flood 19 25 4.5 07/31/2018 Regulatory 09:28 Ebb 21 28 2.0 08/15/2018 Regulatory 11:02 Ebb 20 28 1.7 09/11/2018 Regulatory 09:38 Ebb 18 27 23.0 10/11/2018 Regulatory 10:20 Ebb 14 26 7.8 11/26/2018 Regulatory 10:46 Ebb 10 26 4.0 12/12/2018 Regulatory 10:16 Flood 6 12 240.0 01/09/2019 Regulatory 10:28 Ebb 7 16 22.0 02/25/2019 Regulatory 10:27 Flood 7 23 4.5 03/27/2019 Regulatory 10:40 Flood 10 22 1.7 04/24/2019 Regulatory 10:44 Ebb 13 24 2.0 9 Station 758 Classification: Approved Range(FC/100 mL): 1.7 -240 Meets Standard: Yes GeoMean (FC/100mL): 5.0 Total Samples: 30 E90th (FC/100mL): 24.8 Surface Fecal Sample Event Type Time Tide Water Salinity Coliform Date Temperature (ppt) (FC/100mL 11/01/2016 Regulatory 10:53 Ebb 12 14 23.0 12/19/2016 Regulatory 11:25 Flood 6 16 17.0 01/18/2017 Regulatory 11:31 Ebb 6 12 23.0 02/14/2017 Regulatory 11:01 Ebb 6 12 2.0 03/20/2017 Regulatory 11:48 Flood 8 9 1.7 04/17/2017 Regulatory 10:37 Flood 11 12 2.0 05/15/2017 Regulatory 10:22 Ebb 13 10 13.0 06/13/2017 Regulatory 09:57 Ebb 17 20 9.3 07/26/2017 Regulatory 09:54 Ebb 20 21 49.0 08/29/2017 Regulatory 14:36 Ebb 20 26 2.0 09/27/2017 Regulatory 12:18 Flood 17 27 4.5 10/09/2017 Regulatory 10:30 Ebb 14 24 4.0 11/07/2017 Regulatory 10:37 Ebb 9 23 4.5 12/21/2017 Regulatory 10:24 Ebb 5 11 1.7 01/09/2018 Regulatory 10:09 Flood 7 11 2.0 02/08/2018 Regulatory 13:14 Ebb 9 9 6.8 03/21/2018 Regulatory 10:19 Ebb 9 20 1.7 04/19/2018 Regulatory 09:42 Ebb 10 16 1.7 05/17/2018 Regulatory 08:27 Ebb 16 18 23.0 06/21/2018 Regulatory 13:39 Flood 19 24 1.7 07/31/2018 Regulatory 09:31 Ebb 21 28 4.0 08/15/2018 Regulatory 11:05 Ebb 20 28 4.5 09/11/2018 Regulatory 09:40 Ebb 18 27 4.5 10/11/2018 Regulatory 10:23 Ebb 14 26 1.7 11/26/2018 Regulatory 10:49 Ebb 10 26 1.7 12/12/2018 Regulatory 10:20 Flood 6 4 240.0 01/09/2019 Regulatory 10:31 Ebb 7 17 14.0 02/25/2019 Regulatory 10:30 Flood 7 22 2.0 03/27/2019 Regulatory 10:42 Flood 10 19 1.7 04/24/2019 Regulatory 1 10:46 Ebb 13 18 1.7 10 cc: CMMRS Neatherlin, Shutty&Trask Clerk STA TA. 6 _ �P 9� 1889? STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY PO Box 47824.Olympia, Washington 98504-7824 (360) 236-3330 • TDD Relay Service 1-800-833-6384 (TDD/TTY 711) October 18, 2019 The Honorable Kevin Shutty, Chair Mason County Board of Commissioners 411 North Fifth Avenue Shelton, Washington 98584 Dear Commissioner Shutty: Enclosed is an Administrative Order reclassifying a portion of the Hammersley Inlet Commercial Shellfish Growing Area in Mason County from Conditionally Approved to Approved. This change in classification is prompted by the results of a comprehensive review of pollution conditions. The area being reclassified is identified by boundary lines on the map included in the enclosed Sanitary Survey report and Exhibit A of the Administrative Order. If you have any questions,please contact Mark Toy at(360) 236-3321. Sincerely, Todd Phillips,R.S. Office Director Enclosures n OCT 212019 Mason County Commissioners CERTIFIED RETURN RECEIPT STATE OF WASHINGTON DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY MASTER CASE NO. M2019-1035 In the Matter of the Reclassification of the ) FINDINGS OF FACT, Commercial Shellfish Growing Area in ) CONCLUSIONS OF LAW AND INITIAL Hammersley Inlet ) ORDER: RECLASSIFYING THE COMMERCIAL SHELLFISH GROWING AREA 1 To: The Honorable Kevin Shutty, Chair 2 Mason County Board of Commissioners 3 411 North Fifth Avenue 4 Shelton, Washington 98584 5 6 SECTION 1. FINDINGS OF FACT 7 1.1 Under RCW 69.30.050 and WAC 246-282, the Department of Health has the authority 8 and responsibility to inspect and certify all commercial shellfish growing areas. 9 1.2 Under WAC 246-282-005(1), the Department certifies commercial shellfish growing 10 areas based on the Growing Area Classification defined under Section IV.@.03 of the 11 National Shellfish Sanitation Program Model Ordinance ("the NSSP"). 12 1.3 The Department has analyzed water quality data and reviewed pollution source 13 information for the commercial shellfish growing area in Hammersley Inlet. The 14 Department's evaluation is attached to this Initial Order and is a part of this Initial Order. 15 1.4 The results of the Department's evaluation demonstrate that the part of the commercial 16 shellfish growing area that is currently classified as Conditionally Approved now meets 17 the standards for an Approved classification under the NSSP. 18 1.5 The area being changed in classification from Conditionally Approved to Approved in 19 Hammersley Inlet is shown in EXHIBIT A. 20 21 SECTION 2. CONCLUSIONS OF LAW 22 Based on the foregoing Findings of Fact, the Department makes the following 23 Conclusions of Law: 24 2.1 The Department of Health, Office of Environmental Health and Safety, has jurisdiction 25 over this matter. 26 2.2 Under RCW 69.30, WAC 246-282-005(1), and the NSSP, the findings of the 27 Department's evaluation of water quality data and pollution source information require 28 that the commercial shellfish growing area be reclassified as shown in EXHIBIT A. 29 2.3 Under RCW 34.05.461 and 43.70.115(2)(x), the Secretary of Health may determine 30 when this Initial Order may become a Final Order. 31 32 SECTION 3. INITIAL ORDER 33 Based on the foregoing Findings of Fact and Conclusions of Law and under the authority 34 of RCW 34.05.461, the Secretary enters the following Initial Order: 35 IT IS HEREBY ORDERED that the commercial shellfish growing area in 36 Hammersley Inlet SHALL BE RECLASSIFIED as Approved as shown in EXHIBIT A. 37 IT IS FURTHER ORDERED that you may request a hearing in this matter. 38 IT IS FURTHER ORDERED that this Initial Order will become a Final Order 39 without further notice thirty-five (35) days from date of signature, unless you request a 40 hearing in the time frame specified below. 41 42 SECTION 4. REQUEST FOR ADJUDICATIVE PROCEEDING (HEARING) 43 If you wish to contest this decision, you (or your representative) must file a request for a 44 hearing within twenty-eight (28) days after you receive this document. To do this, you (or your 45 representative) must complete and file the "Application for Adjudicative Proceeding" that is 46 enclosed or complete and file a document that provides the same information. You must file the 47 request with the Department of Health's Adjudicative Service Unit in a way that shows that the 48 Adjudicative Service Unit received the request. 49 If you do not file a request within twenty-eight (28) days of your receipt of this decision, 50 your right to a hearing will be waived, and this Initial Order will become a Final Order without 51 further notice to you. 52 You must attach a copy of this Initial Order to your request. FILING IS NOT COMPLETE 53 UNTIL THE ADJUDICATIVE SERVICE UNIT ACTUALLY RECEIVES YOUR REQUEST. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360)236-4672 Dated this 18th day of October, 2019. TODD PHI LIPS, R.S., Director Office of Environmental Health and Safety EXHIBIT A Current Hammersley Inlet Growing Area Classifications C3 Hammersley Inlet ,(S v,h 41PHea1th 0 1 2 Miles Date Updated:2114/2019 12- 59 615 V 150' U2 —102 q66 105 104 Z q(D, 174. iF 130 Classification Sampling Stations N Approved • W E Conditional Prohibited Restricted s Sonnasamriiing stations are highlight*d Unclassified ithg,ey box for two of reading. EXHIBIT A Proposed Hammersley Inlet Growing Area Classifications C3 Hammersley Inlet �� 1•rrrt Cdtl:.. vHeal th 0 1 2 tithes Date Updated 826/2019 MO A.Y — 47.20854 N i! -123.02876 W br 695 686 63:_ 662 103 102 t' I ) `� o 766 105■ .. ■ X10198 r. r 47.20479 N L f it 1 i 7 vy,<- -123.02890 W •;• " ` lilt I \ is r � i••i 14 FJ _ 14• / Classification Sampling Stations N -Approved • Conditional W E M Prohibited Restricted s 'Sbmesampihp ftst,"s ate Molphted -Unclassified with Or*y box for en*of readfq APPLICATION FOR ADJUDICATIVE PROCEEDING MASTER CASE NO. M2019-1035 IF YOU WISH TO REQUEST AN ADJUDICATIVE PROCEEDING in the above-referenced matter, you or your representative must, within twenty-eight (28) days of your receipt of this decision, complete and file this Application or a document providing substantially the same information with the Department's Adjudicative Service Unit in a manner that shows proof of receipt by Adjudicative Service Unit. FAILURE to submit an Application within twenty-eight (28) days of your receipt of the decision will constitute waiver of your right to an adjudicative proceeding, and the Department may decide this matter without your participation and without further notice to you. In what follows, please check the appropriate response. I do ❑ request an ADJUDICATIVE PROCEEDING in this matter. IF YOU DO NOT WISH TO CONTEST THE DEPARTMENT'S DECISION, YOU DO NOT NEED TO FILE THIS APPLICATION. If you file an Application with the Adjudicative Service Unit, you must attach a copy of the Department's decision. FILING SHALL NOT BE DEEMED COMPLETE UNTIL THE ADJUDICATIVE SERVICE UNIT RECEIVES YOUR APPLICATION. If, by filing an Application, you have requested an adjudicative proceeding, it may be conducted as a formal hearing, at which you would have the opportunity to respond, present evidence and argument, conduct cross-examination and submit rebuttal evidence. Alternatively, you may waive the formal hearing and submit a written statement and supporting documents, which may set out your position, your defenses and any mitigating circumstances that you may wish to bring to the Department's attention. In what follows, please check the appropriate response and provide the information requested. I do ❑ do not❑ waive my right to a formal hearing in this matter. If you have chosen to waive your right to a formal hearing, please indicate whether you are ❑ are not ❑ submitting any documents to the Department in support of your position. If you are submitting documents to the Department, please list and briefly identify all such documents in the space provided and on such additional sheets as may be necessary: Whether or not you have chosen to waive your right to a formal hearing in this matter, please state all grounds for contesting the Department's decision in the space provided and on such additional sheets as may be necessary: You have the right to be represented by an attorney in this matter. If you are a hearing-impaired person or a limited-English speaking person, the Department will provide interpretation and assistance with notices as provided for in WAC 246-10-121 and WAC 246-10-122. In what follows, please check the appropriate responses and provide the information requested. I will ❑ will not ❑ be represented by an attorney in this matter. If you have indicated that you will be represented by an attorney, please provide your attorney's name and address in the space provided below: If, after submitting this request, you obtain attorney representation or change attorneys, you must notify the Adjudicative Service Unit. I do ❑ do not ❑ require the assistance of an interpreter in connection with this proceeding. If you require the assistance of an interpreter, please indicate whether you are a hearing impaired person and/or a limited-English-speaking person and the language you most readily understand below: If you fail to timely file this Application or, if you timely file this Application, but fail to appear at any scheduled settlement conference, prehearing conference or hearing without leave to do so, you will be considered to have waived your right to a hearing and the Department may decide this matter without your participation and without further notice to you. Adjudicative Service Unit: Department of Health Adjudicative Service Unit 310 Israel Road SE PO Box 47879 Olympia WA 98504-7879 (360) 236-4672 Dated this the day of , 2019. Owner/Requester Contact Phone&Address: Party Party's Representative WSBA# If IR Addendum to the 2016 Sanitary SurveyReport of Hammersley Inlet August 2019 Washington State Department of 14frHealth WASHINGTON STATE DEPARTMENT OF HEALTH OFFICE OF ENVIRONMENTAL HEALTH AND SAFETY SHELLFISH PROGRAMS Prepared by: Mark Toy Environmental Engineer r M Summary This report upgrades the classification of 44 acres from Conditionally Approved to Approved based on a revised water quality study of secondary effluent from the Shelton WWTP. The boundaries of the current Conditionally Approved portion of the Hammersley Inlet growing area are based on findings of a dye and microbial study of the Shelton Wastewater Treatment Plant (WWTP) conducted from November 28 to December 11, 2017. Based on this study, approximately 183 acres of Hammersley Inlet to Conditionally Approved were downgraded in February 2019 based on lower than expected dilution but adequate notification time at the current sanitary line. The current target dilution of 3300:1 at the sanitary line was chosen based on monthly sampling of secondary effluent prior to disinfection performed by DOH in 1998-1999. On the assumption that treatment efficiency has improved since 1999, a revised water quality study was performed. A total of 55 samples of secondary effluent were taken and analyzed between December 2017 and July 2019. The 90th percentile value for this set of samples is 33,000 FC/100 ml, reducing the target dilution ratio from 3300:1 to 2357:1. This target dilution reduction allows for an upgrade of approximately 44 acres from Conditionally Approved to Approved. Description of Growing Area Hammersley Inlet, near Shelton in Mason County, Washington, is a shallow, narrow tidal channel connecting Oakland Bay with the main body of southern Puget Sound. The inlet is approximately 6.5 miles in length and 0.13 mile wide. Hammersley Inlet is subject to significant tidal flushing with current velocities exceeding five knots on both flood and ebb tide. Figure 1, page 3 shows the Hammersley Inlet Growing Area including marine water quality stations and classifications. December 2018 Addendum to the 2016 Sanitary Survey The boundaries of the current Conditionally Approved portion of the Hammersley Inlet Growing Area are based on findings of a dye and microbial study of the Shelton Wastewater Treatment Plant (WWTP) from November 28 to December 11, 2017. A detailed description of the study can be found in the October 2018 DOH report Shelton Wastewater Treatment Plant Dye and Microbial Study, November 28— December 11, 2017. Results of the dye and microbial study showed lower than expected effluent dilution in Hammersley Inlet when compared to Hammersley Inlet—Oakland Bay Oceanographic (HOBO) model results on which the previous growing area classification was based. The sanitary line for the current Conditionally Approved portion of the growing area was drawn based on an interpolation of dye readings between fluorometer stations 2 and 3 (see Figure 1, page 3) using a target dilution of 3300:1 based on an earlier sampling of treated-but-not- disinfected effluent. Current Hammersley Inlet growing area classifications and marine sampling stations are shown in Figure 2, page 4. 1 2018-2019 Water Quality Study The current target dilution of 3300:1 at the sanitary line was chosen based on monthly sampling of secondary effluent prior to disinfection performed by DOH in 1998-1999. On the assumption that treatment efficiency has improved since 1999, a revised water quality study was performed. A total of 48 samples of secondary effluent were taken and analyzed between December 2018 and July 2019. Seven samples of secondary effluent taken during the 2017 Dye and Microbial Study were also used in this analysis. The 90th percentile value for this set of 55 samples is 33,000 FC/100 ml, reducing the target dilution ratio from 3300:1 to 2357:1. Secondary effluent data are summarized in Table 1 below. Table 1. Results of Shelton WWTP Secondary Effluent Sampling Re su I ts, Results, Date/Flow Sample # FC/100 ml Date/Flow Sample # FC/100 ml 12/2/17 1 24000 3/7/2019 1 1700 3.884 MGD 2 38500 1.547 MGD 2 9400 3 20000 3 17000 4 16500 4 17000 5 11000 5 33000 6 25500 6 3300 7 30000 4/2/2019 1 14000 12/11/2018 1 7900 1.289 MGD 2 7900 3.779 MGD 2 4900 3 11000 3 2300 4 7900 4 3300 5 4900 5 3300 6 4900 6 7000 6/26/2019 1 7900 1/3/2019 1 7900 1.078 MGD 2 33000 3.224 MGD 2 4900 3 11000 3 2300 4 11000 4 3300 5 9400 5 3300 6 11000 6 7000 7/17/2019 1 23000 1/14/2019 1 4900 2 79000 2.195 MGD 2 4600 3 13000 3 11000 4 49000 4 11000 5 46000 5 4900 6 7900 6 7900 90th %= 33000 2/20/2019 1 9400 2.31 MGD 2 17000 55 Samples 3 24000 2357 Target Dilution 4 7000 5 35000 6 13000 The revised target dilution results in movement of the sanitary line approximately 470 yards west. The new sanitary line is essentially an extension of the north-south section of East Valley Rose Drive, or a line between the east edge of parcel 320232390110 in the north (approximate 2 coordinates 47.208540 N, 123.02876° W) drawn southward to the west boundary of parcel 320237690121 (approximate coordinates 47.204790 N, 123.028900 W, just west of Marine Station 104), as shown in Figure 3, page 5. This reduction allows for an upgrade of approximately 44 acres from Conditionally Approved to Approved. Am2 " 5 Figure 1. Sentinel cage locations Conclusions Based on a revised water quality study which reduces target dilution from the Shelton WWTP, approximately 44 acres of Hammersley Inlet are upgraded from Conditionally Approved to Approved. The Conditionally Approved area boundaries are shown in Figure 3 on page 5. Recommendations The Department should • Reclassify a portion of Hammersley Inlet from Conditionally Approved to Approved based on revised water quality study results. A new sanitary line is drawn between the east edge of parcel 320232390110 in the north (approximate coordinates 47.20854° N, 123.02876° W) drawn southward to the west boundary of Parcel No. 320237690121 (approximate coordinates 47.204790 N, 123.02890° W), as shown in Figure 3. • Revise the Conditionally Approved Area Management Plan (CAAMP) for Hammersley Inlet to reflect the sanitary line change described above. 3 C3 Hammersley Inlet ,•A.,nsnn,„,� (I;Health 0 1 2 Miles Date Updated 2/14/2019 118 �1LF � ' _y� � •� / ��, t it � � _' _a �, 62, 'r 6 x.95 ��-t� bw2 _J.1031U[ ! ■ :g�:05>„ , ti... 104 11 101 ;,; � ,•111-- V - -- - .. cu/a L1f o—e' y�1• , : Y 143 150 1 �� . 71 j I •.i t� 1 Classification Sampling Stations N -Approved a w e Conditional _ Prohibited s - Restricted Som*s emfoswoonsercng lgnted _ Unclassified with prey boxx for r rase of heading Figure 2. Current Hammersley Inlet growing area classifications and marine sampling stations. 4 C3 Hammersley Inlet IPHealth 0 1 2 Miles Date Updated 826.2019 / yea � � ✓ '�"+-. t - 17 yj 47.20854 N i� -123.02876 �_ �i��L ✓'i 695.t_�r8-�r�63 X102i' ". �`ti'. -' X103 ■ i; ,� b 7 105 104 101 '66 ( ■ V■ • 113 ■ ■ ■111 `. � r' __ w ■ , i 47.20479 N _ -123.02890 W 10x0 l 71 F . Classification Sampling Stations N -Approved ■ W E Conditional - Prohlbited s - Restricted •SCrr4��mpMq ftlLOn3 fir!h,ghlghtlC - Unclassified .nn prry coa rx ns�otruanq Figure 3. Revised Hammersley Inlet growing area classifications and marine sampling stations. 5 cc: CMMRS Neatherlin, Shutty &Trask Clerk Department of Revenue Ordinance/Resolution No. 2019-0005 Washington State RC W 8455120 WHEREAS,the Commission of Mason County Public Hospital District 2 has met and considered (Governing body of the taxing district) (Name of the taxing district) its budget for the calendar year 2020 ;and. WHEREAS,the districts actual levy amount from the previous year was $411,765.00 and, (Previous years levy amount) WHEREAS,the population of this district is F] more than or less than 10.000;and now,therefore, BE rr RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2020 tax year. (Year of collet im) The dollar amount of the increase over the actual levy amount from the previous year shall be$ 0.00 which is a percentage increase of 0.00% from the previous year. This increase is exclusive of (Percentage increase) additional revenue resulting from new construction,improvements to property,newly constructed wind turbines, any increase in the value of state assessed property,any annexations that have occurred and refunds made. We are not taking a 1%increase this year,but wish to protect our banked capacity for future years. Adoptedthi 12,21. day of October,2019 Pa StorkTommy mbs QQ .. j C,. VJ4- Peggy V 'Uskii "—'----_ Kaye Massie 0112 Herb ib•Geerrharrdtt If additional signatures are necessary, please attach additional page. This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax levies.A certified budget/levy request,separate from this form is to be filed with the County Legislative Authority no later than November 29th. As required by RCW 84.52.020,that filing certifies the total amount to be levied by the regular property tax levy,. The Department of Revenue provides the "Levy Certification" form(REV 64 0100)for this purpose. The form can be found at: http://dor.wa.gov/docs/forms/PropTx/Forms/LevyCertf.doc To ask about the availability of this publication in an alternate format for the visually impaired,please call(360)705-6715. Teletype(TTY))users please call(360)705-6718. For tax'assisMnce,call(360)534-1400. RECEIVED a FEv600tote(w)MM) OCT 23 2019 Mason County Commissioners BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 7,2019 Monday,October 7,2019 9:00 A.M. Executive Session—RCW 42.30.110(1)(g)—Performance of public employee Commissioners Shutty,Trask and Neatherlin met in Executive Session from 9:00 a.m.to 9:45 a.m.for review of performance of public employee. 9:45 A.M. Support Services—Frank Pinter • Ross McDowell spoke about the National Weather Service Storm Ready Certification renewal.The new certification is good through 2024. • The State Homeland Security Program Grant came in for the amount of$28,383.Ross clarified that this money is an equipment grant which can be used for communication and secondary power. • Jennifer Beierle spoke about the proposition to delete fund 119 and instead recording those revenues previously found in 119 to fund 500.The Board approved moving forward with the deletion. • Dawn Twiddy presented a cleanup proposal from Puget Environmental to clean areas affected by the Trails End chip seal incident.At this time,the work is estimated at $11,500.The funds will come out of the non-departmental claims budget. • Jennifer Beierle spoke about the Tidelands Lease with Seattle Shellfish.Seattle Shellfish is asking to amend the contract in regards to Leasehold Excise Tax.The board was in favor of the amendments. • Frank discussed a proposed Interlocal Agreement for lobbying services with the City of Shelton.He suggested creation of a separate lobbing agreement which he already gave to legal for review.Due to time restraints,the Board asked if it would be possible to have another review of the contract next Monday for approval on October 151. • Frank said the Teamsters CBA was approved and is awaiting signature. • An application certification from Loretta was presented for signature.Frank noted that one of the items is an attestation stating the county has the financial whereabouts to pay a loan.He asked who should sign the attestation.Cmmr.Neatherlin asked that the attestation be signed by all three commissioners to ensure one person is not held liable. 10:00 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Kell announced that Ron Buckholt is leaving for Thurston County. She asked to list his position. • It was announced that a pre-application meeting is taking place next week for an apartment complex in Belfair. • Mike Six was introduced as the new Mason County Fire Marshal. • Kristopher handed out permit numbers for September 2019. • Dave said the Governor is putting out vaping rules in light of the recent illnesses.He is hoping to have code changes available to brief next week. • Cmmr.Neatherlin read a kudos email regarding a member of planning.He asked to have a green star presented in light of the email.Cmmr. Shutty and Trask agreed. 10:30 A.M. BREAK 10:45 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • A hearing will be set on November 12 to consider removing the school zone and establish playground zone on Sand Hill Road. Cmmr.Neatherlin requested information so he can talk to the school administration. Board of Mason County Commissioners Briefing Meeting Minutes Week of October 7,2019 • Staff will advertise the 2019 overlay projects. • Loretta reported that DOE is recommending a general sewer plan be developed rather than a facilities plan update. The proposed cost is$60,000. $384K is current consultant contract;Commerce grant is$500K. Loretta is supportive of creating a general sewer plan and the general sewer plan could be used for a ULID process,if the County chooses to go that route. Request is to bring forward an amendment to the consultant agreement to explore this option. Cmmr.Neatherlin is supportive of exploring this option and wants it to be made clear the County runs the Belfair Sewer. • Dave Smith provided an update on a request for lighting on Dawn Drive. • Cmmr.Neatherlin talked about the lack of lighting at the entrance of Lakeland Village. • Cmmr.Trask brought up an issue at Timberlakes where the survey marker is dug up and created a hole in the road. • Dennis Engle,WSDOT,will attend the Commissioner meeting in Hoodsport on October 29. Diane Sheesley will forward the WSDOT report. • Dave reported they have been working with Timberlake regarding speeding concerns and Public Works conducted a speed study. Dave and Chief Spurling will attend a Timberlake community meeting to inform the community of the findings. • Staff brought up the issue of commercial solid waste flow control and they will prepare the paperwork to move this process forward. 11:15 A.M. Interviews for Veterans Advisory Board Commissioners Shutty,Trask and Neatherlin interviewed Dan Dittmer and Dave Engman for the Veterans Advisory Board. The Board asked that the appointment of Dan Dittmer be placed on the agenda. Commissioner Discussion—as needed • Cmmr.Shutty brought forward a Letter of Agency that MACECOM is asking the Commissioners to sign for the transition of ESInet. The document will be forwarded to Tim Whitehead and plan to place on the October 15 agenda. • Cmmr.Trask shared WSAC's 2020 legislative priorities. The Board recessed at 11:37 am. 2:00 P.M. 2020 Budget Workshop Commissioners Shutty,Trask and Neatherlin were in attendance. Dan Tuetenberg presented the 2020 budget request for the WSU Extension Office. • Pat Grover presented the budget for the Noxious Weed Control. Request is for an increase in staffing including benefits. This year the additional staff will be working enough hours that they will receive benefits. 2:30 P.M. 2020 Budget Workshop Commissioners Shutty,Trask and Neatherlin were in attendance. Jennifer Beierle reviewed the 2020 budget requests for the Commissioners,Non- Departmental and Commissioners' Special Fund Budgets that include Rural Sales&Use Tax(.09)Fund(#103);Reserve for Technology(#119);National Forest Safety(#134); Lodging Tax(#163);Veterans Assistance(#190);Mason Lake Management(#194); Spencer Lake Management(#195);Island Lake Management(#199);Unemployment Fund(#502) The briefing adjourned at 3 p.m. Tuesday,October 8,2019 10:00 A.M. 2020 Budget Workshop Assessor Commissioners Shutty,Trask and Neatherlin were in attendance. Board of Mason County Commissioners Briefing Meeting Minutes Week of October 7,2019 • Vicki King reviewed the Assessor's 2020 budget request. They will not need the ER&R funding;$1200 from rain gear—should be in benefits;office supplies have been increased by$6,000,change to$5,000 in maintenance level;small tools removed because tablets purchased this year,will be reduced to$750;IT trackable equipment will be for computer equipment;professional services pay for Cloud storage and printing; tuition/registration has been increased for staff training. Cmmr.Shutty asked if Assessor intends to donate back her salary increase,if so,a revenue line would have to be created and this funding could be used within the Assessor's budget. Assessor will think about it. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 14,2019 Monday,October 14,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Reviewed the November 4 meeting agenda with local legislative delegation. The meeting day may be moved depending on availability with legislators. • Reviewed the October 29 Commission meeting in Hoodsport. • The lobbying agreement with the City of Shelton will be brought forward. The City has amendments. • Cmmr. Shutty brought forward a request from Ray Peters,Squaxin Island Tribe,for a letter of support to place property into Trust. This is an aquaculture business the Tribe purchased. Cmmr.Neatherlin noted this property would then not be charged property tax and he is not supportive of signing a letter of support at this point. 9:15 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • Amendment#4 to Contract N21896-17 Choice contract to support Youth Marijuana Prevention and Education. The amendment adds$25,000 for the period of July 2019 to June 2020 and was approved to move to agenda. • Updated interlocal agreement with City of Shelton based on the passage of HB 1406. This ILA acts as the declaration that the City will not levy against the tax retention and calls for use of funds the City would collect to be used within the City limits. This ILA will be placed on agenda for approval. • Permit Tech position will be filled. • Revisions to the County's Smoking Policy will be placed on the agenda for approval. • Revisions to the County's Building Code will be brought forward. These revisions will no longer require permits for"like for like"replacements of windows,doors electric water heaters and siding that require no structural changes. The Commissioners took a break from 9:30 a.m.to 10:05 a.m. 10:05 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Agreement with WSDOT for Hoodsport pedestrian crossing on Highway 101 will be moved forward. • Interlocal agreement between Mason and Kitsap County for Household Hazardous Waste Disposal will be moved forward. • Discussion of Clifton Road improvements and the left turn lane. Staff is working with the property owner. 10:15 A.M. 2020 Budget Workshop Commissioners Shutty,Trask and Neatherlin were in attendance. Public Works,Equipment Rental&Revolving(ER&R)and Utilities Waste Management • Request for 3 additional FTE in Roads. There was a discussion of oil for the chip seal program and how it is distributed and tracked. • Professional services line in Engineering is for the construction program because there are vacant Engineer positions that have been difficult to fill. • Information from CRAB was provided on comparative counties based on similar roads and maintenance management plans. • The Reserve for New Roads is intended for new roads that could lead to economic development. Board of Mason County Commissioners' Briefing Meeting Minutes Week of October 14,2019 • Roads operations were discussed and what would be done with additional staff. This additional staff would not trigger additional equipment.Loretta said there would be a cost savings on having additional staff that could complete some smaller projects such as culvert projects and paving local roads rather than contracting them out. The chip seal program could also be expanded and gravel roads could be maintained more frequently. • Equipment Rental&Revolving budget was submitted assuming operations remain the same. The ILA rate and fuel mark up will be increased. If Current Expense vehicles are removed from ER&R,it causes a$270K to$300K impact to Roads and Utilities if there is no change in staffing. • Solid Waste budget was reviewed. Improvements to communications at the Transfer Stations and a new truck purchase are included. The recycling program will have to be reviewed because the costs to dispose have increased. There will be an increase to the long haul cost. • Utilities—North Bay,Rustlewood,Beards Cove and Belfair were reviewed. It has been challenging to keep the Utility Operator positions filled. Water quality will be monitored at Rustlewood. Belfair will need some equipment replaced. • Stormwater and Skokomish Flood Zone budgets have no change. There is nothing budgeted in anticipation of the federal grant for Skokomish and that will be budgeted. • $1.5M debt relief grant for Belfair Sewer needs to be included in 2019 and 2020 budgets. 2:00 P.M. 2020 Budget Workshop Commissioners Shutty,Trask and Neatherlin were in attendance. • Auditor Paddy McGuire presented his 2020 budget request. Next year is a presidential election year which increases their expenses by approximately$16,000. Staff needs to be prepared for same-day voter registration. The Board agreed that PLR's 7,8,9,and 10 are maintenance along with most of the election PLR's. The request is to fund the Recording Manager's salary back to 100%Current Expense funded. It has been 50%funded from the O&M Fund which is for the preservation of records. The 2019 Legislature adjusted the fee structure for vehicle licensing and the Auditor budgeted a 25 percent increase in licensing revenue,from$360,000 to$450,000. Elections security is the Auditor's priority for requested expenses. Cmmr. Shutty noted that is the Auditor plans to contribute back his raise,a revenue line will need to be added. The meeting adjourned at 2:30 p.m. Tuesday,October 15,2019 10:00 A.M. 2020 Budget Workshop Commissioners Shutty,Trask and Neatherlin were in attendance. • Sheryl Hilt presented the 2020 Sheriff's budget request. Sheryl stated the preliminary budget request included 14 replacement positions. Today she presented a modified preliminary budget request which contains most of what was originally submitted and the increase is just over$1M rather than$4.4M. The revised budget request includes a new position for Administrative Lieutenant and two new Transport Officers. Increases for such things as jail food and inmate medical are considered maintenance costs. $285K is total cost for the three new positions. $5K for computer replacement is for those computers over seven years old. WASPIC accreditation is maintenance. Budgeted for Boating,Narcotics and Canine special funds. Boating grant will be reduced by$6K;Narcotics overspent by about$7K;canine program has also been overspent. Sheryl reviewed the various increases. Discussion of Traffic Diversion and that in 2018 about$200K was spent on vehicle replacement rather than salaries and benefits. Board of Mason County Commissioners'Briefing Meeting Minutes Week of October 14,2019 Commission Discussion—The Commissioners agreed to place the lobbying contract with the City of Shelton on next Tuesday's agenda. The meeting adjourned at 10:35 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of October 21,2019 Monday,October 21,2019 9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Shutty,Trask and Neatherlin met in Closed Session with Frank Pinter from 9 a.m.to 9:30 a.m.for a labor discussion. 9:30 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Jennifer Beierle quickly addressed the upcoming budget workshop schedule. She said she is trying to set a preliminary hearing on November 261. • Jennifer went through the September 2019 Financial Report and said the County is doing well on revenue.Expenditures for Current Expense are at 69%.2018 was at 70%.The cash balance is$9.4 million. • Dawn Twiddy said two applications were received for Civil Service.These were the only two applications received.Cmmr.Shutty said both applicants were previously interviewed and should not have to interview again.The Board decided on Mark Nault. • Dawn announced that the Notice of Values are being sent out and the Board of Equalization Chair will be pushing a news release out soon. • Dawn then spoke about the 2020 Elected Official and Non-Represented medical contribution being increased by$52 and an increase to the Non-Represented Salary Scale by 1.75%.The Board approved moving forward with this. • Ross McDowell explained the Emergency Management Performance Grant,noting that $35,459 was awarded.This money assists with planning and educating both staff and the public in emergency awareness. • Cmmr.Trask will attend the November 7 continuity of government class at Emergency Management. • Cmmr.Trask stated she would like to sign the letter of support for the Squaxin Island Tribe for moving property into Trust. Cmmr.Neatherlin does not support this and would like further discussion. Diane will circulate the letter. 10:00 A.M. Community Services—Dave Windom Commissioners Shutty,Trask and Neatherlin were in attendance. • October 22 is all staff training and office will be closed. • On-line permitting is working and they are fine tuning the process before it will be open to the public. • Working on streamlining the permit process. • Vacant staff positions are being filled. • Cmmr. Shutty attended a meeting with Homes First and there are some things the County is working on. • Discussion of WRIA 14 letter of support for Evergreen Mobile Home Park. • Cmmr.Neatherlin asked Dave to look into alleged use at the Salmon Center and to see what it would take to open a cold weather shelter in the north end. 10:30 A.M. BREAK 10:35 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Permission granted to call for asphaltic materials and culvert pipe and lining bids and to establish tire repair and towing services vendor rosters • Request to set a hearing to consider code amendments regarding the Capital Facilities Charges(CFCs)schedule and exceptions. The CFCs are also mentioned in the Code for Board of Mason County Commissioners' Briefing Meeting Minutes October 21,2019 the multi housing tax incentive.The tax incentive provision for multi housing sunsets at end of 2019. Cmmr.Neatherlin stated he understood the discounted sewer hook up fee at $5,000 and monthly charge(70%)for all multi housing is to be discounted. The Commissioners agreed to the discounted charges of$5,000 for multifamily hook up. • Loretta will be meeting with Danette at MTA regarding work in Belfair. 11:00 A.M. Audit Committee Update—Leo Kim Commissioners Shutty,Trask and Neatherlin were in attendance. • Leo reviewed the State Audit results and the plan to address the issues which include the Findings on Belfair and Rustlewood. • Asset inventory needs to be improved. The options are to contract with outside contractor,assign to internal staff or a combination. • 2020 internal control theme is"knowledgeable staff." Leo has been providing outreach to departments to educate staff. • Internal audit sample ideas. Fraud is an ever-present concern. Leo provided an example of a SAO smaller fraud report but there are larger ones. The meeting recessed at 11:10 a.m. 2:00 P.M. 2020 Budget Workshop Community Services Commissioners Shutty,Trask and Neatherlin were in attendance. • Cmmr. Shutty presented a letter of support from Public Health for the FORE grant application and the Commissioners agreed to allow Cmmr. Shutty to sign the letter. • Building—anticipating a slight increase in activity.Requested a new clerical position. • There is a grant for WRIA 14 and a new Shoreline grant for January 2020 through June 2021 for$84,000 that is not anticipated in the budget request. • #150—Public Health. There may be a decrease in funding due to the restrictions on vaping products. There are various grants that are coming and going. There is a request for two positions. • Budgets for Historic Preservation#116,Housing#117,Mental Health#164 and Abatement#118 were reviewed. 3:30 P.M. 2020 Budget Workshop Public Defense Commissioners Shutty,Trask and Neatherlin were in attendance. • If the mental health crisis center is open,Peter may need to request a budget supplement; he submitted a request for Office of Public Defense(OPD)revenues;is on track with his 2019 budget. • Peter provided information from OPD which defines a supervising attorney as an attorney with no caseload;Peter carries a caseload and he is not certain if this will impact future defense standards. • Requested two new attorney positions and one legal assistant position. Peter stated the legal assistant position is his priority request. If budget is increased by$100K he could hire two positions—legal assistant and juvenile attorney because the attorney position would replace some contract work. • Cmmr.Shutty stated he has asked Peter to look into a legal internship program and Peter has attended a training. This would be a volunteer position(extern)through Seattle University. There will have to be a discussion with the labor union. Peter has also used a volunteer paralegal who is attending South Puget Sound College. The Commissioners are very interested in using an extern and asked Frank Pinter to contact the labor union. • The Board approved the legal assistant position and will consider an attorney position. The contract attorney increase is approved as maintenance. Board of Mason County Commissioners'Briefing Meeting Minutes October 21,2019 • Request for the same case management system as the Prosecuting Attorney at$34K. Computer upgrade request including lap tops for staff and a request for training. The Board is good with the training request. Discussion of budget workshop schedule. The meeting adjourned at 4:10 p.m. Tuesday, October 22,2019 10:30 A.M. 2020 Budget Workshop Juvenile Court Services Commissioners Shutty,Trask and Neatherlin were in attendance. • Jim Madsen presented his 2020 budget request which has a large amount of grant funding. Their PLR's include a reclassification of the Juvenile Court Administrator and Deputy Administrator positions;additional Detention position and additional extra help funding. • Cmmr.Neatherlin asked Jim to utilize the reclassification request process for the Board to consider that request. Training reduction will be reconsidered. • $4,700 for ER&R motor pool will be moved to maintenance level. 11:00 A.M. 2020 Budget Workshop Superior Court&Therapeutic Court Commissioners Shutty,Trask and Neatherlin were in attendance. • 2020 budgets were reviewed for Law Library; Therapeutic Courts—grant funding is included;and Superior Court- .05 FTE of Court Commissioner time has been moved from Therapeutic Court to Superior Court budget; anticipating Involuntary Treatment court will begin in 2020. $10,000 operating increase is considered maintenance. Judge Goodell noted they are preparing for pre-trial services and may need to request for staff in the future. Judge Finlay would like general maintenance such as carpets cleaned and a deep cleaning in the Courthouse. Discussion if any of the work would qualify for historic preservation money. The meeting adjourned at 11:45 a.m. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 51h Street, Shelton, WA October 15, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:03 a.m. 2. Pledge of Allegiance— Dan Dittmer led the flag salute. 3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 United States Department of Commerce sent a letter regarding critical habitat for humpback whales under the Endangered Species Act. 5. Open Forum for Citizen Input— 5.1 Cheryl Williams announced that the League of Women's Voters assisted 38 new voters and assisted with over 100 address changes on registration day. She then spoke about a survey done regarding concerns within Mason County. 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes-September 23,2019 Briefing minutes; September 24, October 1 and October 8, 2019 Regular Meeting Minutes. Cmmr. Neatherlin/Trask moved and seconded to approve the September 23,2019 Briefing minutes and the September 24, October 1 and October 8, 2019 Regular Meeting Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval of the resolution designating Mason County's representatives on the Hood Canal Coordinating Council (HCCC) as the Board of Mason County Commissioners. (Ex. A- Res.97-19) 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8067387-8067485 $ 186,206.98 Direct Deposit Fund Warrant #s 62625-63013 $ 673,055.73 Salary Clearing Fund Warrant #s 7004730-7004765 $ 953,782.80 8.3 Approval to authorize the Chair to sign the Letter of Agency and Carrier Notification of Change in 911 services. 8.4 Approval to appoint Dan Dittmer to the Veterans Advisory Board for a two-year term ending November 1, 2021. 8.5 Approval to have the Board sign a resolution to delete budgetary accounting fund 119- 000000-000-000, Reserve for Technology Fund. (Ex. B—Res.98-19) 8.6 Approval to set a public hearing on Tuesday, November 12, 2019 at 9:15 a.m. to consider removing the school zone and establish a playground zone on Sand Hill Rd. 8.7 Approval to have the Chair sign contract Q-220925-43735.992GM between the Mason County Sheriff's Office and Axon Enterprise, Inc. for the 5-year lease of tasers, including training, equipment, and instructor certifications. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.7. Motion carried unanimously. N-aye; S-aye; T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS October 14, 2019 - PAGE 2 9. Other Business (Department Heads and Elected Officials)- None. 10. 9:15 a.m. Public Hearings and Items set for a certain time— No hearings. 11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment—The meeting adjourned at 9:18 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS October 22, 2019 - PAGE 3 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair Sharon Trask, Commissioner Randy Neatherlin, Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: November 5, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: October 28, 2019 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval for the Chair to sign the Vehicle Take-Home Assignment Authorization Request Forms for the following individuals: Michael Leeberg, Allan Eaton, Rod LaRue, Brenen Profitt, Grant Dishon, &Cynthia Brewer, for the calendar year 2020. Background: 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. Recommended Action: Approval for the Chair to sign the Vehicle Take-Home Assignment Authorization Request Forms for Michael Leeberg, Allan Eaton, Rod LaRue, Brenen Profitt, Grant Dishon, &Cynthia Brewer, for the calendar year 2020. Attachment: Six Vehicle Take-Home Assignment Authorization Request Forms J:\Budget Office\Briefing,Agenda,&Public Hearing Items\2019\Action Agenda-2020 Take Home Vehicle 11.5.19.doc • • Take-Home • t 1 ♦ • Authorization f ' •I ' , • ' • Employee Name i( )�J. —a,i Department P7177 Title/Position S, Ste" Division Z`'`AS Vehicle No&Type Z S LA kA4 +yy—k County of Residence �� Primary Work Station z,. k S�- Current Odometer Reading Daily Commute Miles ?.(.0 &NOtS +10. Mileage outsite of County(if —� Daily Business Miles 15'0 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. ❑ 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 justification and back-up documentation to this 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 justifications and back-up documentation to this 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 for a Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. -� 98 -b-19 equestor's Signature Date I have read 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. ❑ Approved ❑ Denied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special Equipment Justification Documentation Vehicle # 1 255 a) Searchlight b) Flood Lights c) Emergency Strobe Lights d) Service body with permanently mounted side tool boxes with tools to repair critical county road signs e) Above and over cab sign post rack on side of truck of vehicle f) Assorted signs for emergencies (i.e stop signs, yeild signs, etc g) CB radio h) Company 2 way Of radio i) Permanent rear bumber mounted vise This vehicle is used for 24 hr callouts. It contains specialized equipment needed to respond and repair critical safety sign infrastructure, emergency road closures, and other emergencies to protect life and limb. Per agreement with Frank Pinter and the BOCC, record keeping not required .- Vehicle Take-Home Assignment Authorization Request Employee Name 91-44AJ E/9MAI Department 10W Title/Position As*T. O-F M MAAiA&F.R Division Vehicle No&Type F /5() qwD Q=e>eD 1 County of Residence Mh-53 Primary Work Station Current Odometer Reading �� R(�� Daily Commute Miles / 77Z1 Mileage outsite of County(if Daily Business Miles applicable) Number of emergency call-outs in previous years: April 1-Sept.30: _ A)Z* Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. ❑ 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 justification and back-up documentation to this 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 justifications and back-up documentation to this 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 for a Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. equestor's Signature Date I have read 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. ❑ Approved p Denied Chair of BOCC Date s Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special Equipment Justification Documentation Vehicle # I 180 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 • • Take-Home 11 • Authorization • i • Employee Name 2 T Department Title/Position • ivision a a Vehicle No&Type ,A, A. County of Residence Primary Work Station s//%moi Cyar Lox SiE4#o Current Odometer Reading IC —.,f Daily Commute Miles 3 2y,:.4 Mileage outsite of County(if ,11,11f Daily Business Miles /,j�t� applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. ❑ 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 justification and back-up documentation to this 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 justifications and back-up documentation to this 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 Coup owned Tq g�Home Vehicle is o fringe benefit that generates a tax liability.If your request for aTake-Home Vehicle assignment is ;approveou a re i /d to check with payroll to determine your liability. Requestor's Signature Date I have read 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. ❑ Approved - ❑ Denied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special Equipment Justification Documentation Vehicle #I 182 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 Vehicle Take-Home Assignment Authorization Request Employee Name P777 Department ,.b). c Woks Title/Position Q u O+ M Division Roeo>w Vehicle No&Type I lio —114 1-k- County of Residence Mks o� Primary Work Station Puy'.c W,,• Current Odometer Reading 74 I'll Daily Commute Miles 7, (a Mileage outsite of County(if ��A Daily Business Miles 1 So applicable) Number of emergency call-outs in previous years: April 1-Sept.30: Oct.1-March 31: Per Mason County Personnel Policy adopted April 2017,Resolution 19-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. ❑ 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 bock-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 justification and back-up documentation to this 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 justifications and back-up documentation to this 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 Countyowned Take-Home Vehicle is a fringe benefit that generates a tax liability.If your request fora Take-Home Vehicle assignment is approved,you are requited to check with payroll to determine your liability. 1��,,, 91 v sbl Requestor's Signatu Date I have read 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. ❑ Approved ❑ Denied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log Special Equipment Justification Documentation 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 vhf 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 Vehicle Take-Home Assignment Authorization Request Employee Name Y li—a :S i c t1 Department L) G k 5 Title/Position !'. W1lt� • ,,iJ:S,r.'Division 9LLFc/ C7/" M i4-1 Vehicle No&Type / , c-i " F / 6-Ci County of Residence Primary Work Station Current Odometer Reading Daily Commute Miles '_ Mileage outsite of County(if PV/A Daily Business Miles j G 0 applicable) J/ �J Number of emergency call-outs in previous years: April 1-Sept.30: / Oct.1-March 31: /V/ /[- Per Mason County Personally policy adopted April 2017 resolution..........,requests to authorize Take-Home vehicles must meet at least of of the following criteria. 21 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 justification and back-up documentation to this 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 justifications and back-up documentation to this 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 CAunty owned Take-Home Vehicle is a fringe benefit that generates a tax liability.If your request fora Take-Home Vehicle assignment is approve 1,you are requited to check with payroll to determine your liability. ivlZ,� i Re a tor's Si nature Date I have read and understand the County Policy governing Take-Home vehicles and County Vehicle use. I certify that this request meets the requirements. Department 7rectcr Date I certify that this request meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved ❑ Denied Chair of BOCC Date *Please submit this form to the Risk Manager by September 30th of each year. Original to Risk Management Payroll Take-Home Log T Special Equipment Justification Documentation Vehicle# I 181 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 1 ization Request Vehicle Take-flome Assignment Atithoi Employee Name Lv Department Title/Position Division �S Vehicle No&Type PSl rbJw FISO County of Residence Primary Work Station r(' ial". Current Odometer Reading 5'jYi 9 Daily Commute Miles (Q Mileage outsite of County(if Dally Business Miles 604- applicable) Number of emergency call-outs in previous years: April 1-Sept.30: (J Oct.1-March 31: W Per Mason County Personnel Policy adopted April 2017,Resolution 14-17,requests to authorize Take-Home vehicles must meet at least one of the following criteria. (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 additton,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 ali fustifcation and back-up documentation to this form. i ❑ 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 justifkation and back-up documentation to this form. 21-11"Spedal 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 justifications and back-up documentation to this 1 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: I `s l I Note:A County owned Take-Nome Vehicle Is a fringe benefit that generates a tax liability.If your request fora Take-Home Vehicle assignment is S t approved,you are requited to check with payraAto/determine yourilability. s I *Depant D e -adand the County Polic g verning ke-Home vehicles and County Vehicle use. I certify that this request meets the requirements. � 7 I t meets the requirements of the County Policy and recommended the BOCC approve the request. ❑ Approved n Denied Chair of SOCC Date I s *Please submit this form to the Risk Manager by September3l0th of each year. Original to Risk Management Payroll Take•Home log Evidence Tech Vehicle Equipment Large Containers: Evidence packaging supplies Gun Boxes Knife Boxes Integrity evidence bags in multiple sizes Currency Bags Paper bags of different sizes DNA Swabs and distilled water DNA Swab Boxes Zip Ties Packing Tape Evidence Tape Evidence Documentation Sheets Blood Draw vials Disposable Gloves Disposable Tweezers Disposable Scalpels Disposal Measuring Tape Gallon Cans Pint Cans Sharpies Envelopes(Various Sizes) Bio Hazard Identification Labels Assorted Glass Vials Toe Tags fi i 1 Bio hazard supplies Tyvek Suits j Tyvek Hats 1 Tyvek Booties Masks/Respirators Heavy Gloves Plastic drop cloth Disposable Gowns Sharps Container Bio hazard waste Biohazard bags Gloves i Drug take back boxes Biohazard bags Gloves Evidence scene processing equipment w Extension Cords Portable Lights Rope Air Compressor Tarp Bleach Bungie Cords Crime Scene Tape Assorted Tools Chains Jumper Cables Camera Tape Measure j Flashlight Pry bar Cats paw 1, Knives I Fingerprint Kit i MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 532 COMMISSION MEETING DATE: November 5, 2019 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: October 28, 2019 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on Tuesday, November 26, 2019 at 9:15 a.m. to Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2020. An increase to the Current Expense and Road property tax levies for 2020 may be considered. BACKGROUND: Pursuant to RCW 84.52.070, the Commissioners must certify to the County Assessor the amount of taxes levied for county purposes and for each taxing district by adoption of a resolution by November 30. RECOMMENDED ACTION: Approval to set a public hearing on Tuesday, November 26, 2019 at 9:15 a.m. to Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2020. An increase to the Current Expense and Road property tax levies for 2020 may be considered. J:\Budget Adoption Info\2020\2020 Agenda Items&Resolutions\Agenda Cover to set hearing for Nov 26-certify levies-I.doc NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North 5th Street, Shelton, WA 98584 on Tuesday, November 26, 2019 at 9:15 A.M. SAID HEARING will be to take public comment on the certification to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for each taxing district for 2020. An increase to the Current Expense and Road property tax levies for 2020 may be considered. If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 5th day of November, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publ 2t: 11/14& 11/21 (Bill: Commissioners—411 North 5`h Street, Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: November 5, 2019 Agenda Item # 3 Commissioner staff to complete BRIEFING DATE: October 28, 2019 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on Monday, December 2, 2019 at 9:00 a.m. to consider adoption of the 2020 budget for Mason County. Copies of the 2020 preliminary budget will be available to the public on November 18tH BACKGROUND: RCW 36.40.060 requires the Board of County Commissioners to hold a public hearing on the 2020 Preliminary Budget to allow taxpayers to "appear and be heard for or against any part of the budget." The public hearing also allows county departments to publicly testify if they so desire. Pursuant to RCW 36.40.071 and Resolution No. 111-85, this hearing is to be held on the first Monday in December. Copies of the 2020 Preliminary Budget will be available to the public on November 18, 2019 and available on the county's website — www.co.mason.wa.us. A balanced budget must be adopted by December 31. RECOMMENDED ACTION: Approval to set a public hearing on Monday, December 2, 2019 at 9:00 a.m. to consider adoption of the 2020 budget for Mason County. Copies of the 2020 preliminary budget will be available to the public on November 18, 2019. 10/30/2019 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North 5th Street, Shelton, WA 98584 on Monday, December 2, 2019 at 9:00 a.m. SAID HEARING will be to take public comment on the adoption of the 2020 Mason County Budget. The 2020 preliminary budget will be available to the public on November 18, 2019. You may pick up a copy at the Commissioners' office, 411 North 5th Street, Shelton or go to our website — www.co.mason.wa.us . If special accommodations are needed, contact the Commissioners' office, 427- 9670, Ext. 419. From the Belfair area, please dial 275-4467. DATED this 5th day of November, 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board C'. Journal - Publ 2x 11/14 & 11/21 (Bill: Commissioner, 411 North 5", Shelton, WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda x Public Hearing Other DEPARTMENT: Community Services, Environ. Health EXT: 279 DATE: November 5th, 2019 Agenda Item #g, Commissioner staff to complete) BRIEFING DATE: October 28th, 2019 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 2020 EH Fee Schedule Background: Per Resolution 70-13, Environmental Health fees will be adjusted for the 2020 calendar year. Fees are being adjusted by the CPIU of +2.7%. For convenience fees are rounded down to the nearest $5.00. If approved, fees will go into effect on January 1st, 2020. Budget Impacts: Fee adjustments are included in proposed budgets RECOMMENDED ACTION: Approval of 2020 Fee schedule Attachment(s): Proposed 2020 Fee schedule, copy of Resolution 70-13 Mason County Community Services Page 1 of 5 2020 Environmental Health Fee Schedule Drinking Water Program Plan Review Private 2 Party $255 $2-50 3-14 Connections $595 $575 Existing System Approval $425 $44-5 Re-submittal $140 $435 Well Construction Permit $255 $250 Well Decommissioning $340 $330 Well Site Inspection $215 $�10 Re-inspection $140 $ 5 Group B or Individual Sanitary Survey $400 $390 Water System Health Letter $85/hr $88/hf Waiver/Variance $255 $2-50 Water Adequacy Review-See building permit plan review Technical Assistance (per hour) $85/hr $90/hf Appeal $170 $4-65 School Inspection Plan review(per hour) $85/hr $30/#f Pre-school $85/hr $30/hf Elementary School $85/hr $30/hf Middle School $85/hr $30/ktf High School $85/hr $58/hf i Day Care $85/hr $30/bf j Technical Assistance (per hour) $85/hr $80/4 i Water Recreation Facility Year-round Operation $425 $4$5 Additional pool or spa $85 $g0 SeasonalOperation $340 $330 Additional pool or spa $45 Tech nicalAssistance (per hour) $85/hr $&0/hf Vector Process & ship vector specimen $45 Solid Waste Program Municipal Landfill Application $85/hr $30A Renewal $400 $390 Closure/ Post Closure $400 $090 Transfer Station, Moderate Risk Waste Facility Application $455 $445 Renewal $340 $3W Per Ton (Fee set by resolution) $1.50 Mason County Community Services-Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext.400 Mason County Community Services Page 2 of 5 2020 Environmental Health Fee Schedule Monofill, Inert Disposal/Landfill Application $515 $50o Renewal $340 $3-39 Closure/ Post Closure $285 $25+ Woodwaste, Woodwaste recycling, Composting, Limited purpose landfill, Medical Incinerator, Waste to energy, Treatment facility Application $625 $649 Renewal $400 $399 Closure/ Post Closure $270 $265 Piles, Surface Impoundments Application $340 $3-30 Renewal $255 $259 Tire Pile, Recycling,Conditional Exempt Waste Facility, Drop Box Application $340 $330 Renewal $255 $259 Non-inert Construction Demo Landfill Application $800 $M Renewal $455 $44-5 Closure/ Post Closure $310 $393+ Energy Recovery/Inceneration Application $4,325 $410 Renewal $1,545 $4399 Technical Assistance (per hour) $85/hr $39/hf Waiver $255 $259 Appeal $170 $465 Hazardous Material Cleanup Illegal Drug Lab Plan Review $255 $2-59 Per hour over 3 hours $85/hr $30/hf Food Service Permit Fees Restaurants Complex Large $770 $7W Complex Small $515 $_500 Non-complex Large $340 $339 Non-complex Small $255 $2-50 Taverns Complex Large $770 $750 Complex Small $515 $500 Non-complex (no Food) $255 $259 Mobiles Complex $505 $415 Non-complex $255 $259 Kitchens Large $255 $259 Mason County Community Services- Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 Mason County Community Services Page 3 of 5 2020 Environmental Health Fee Schedule Small $175 $1�0 Confectionery $175 $47-0 Espresso $175 $ 7-0 Bed & Breakfast $175 $470 Bakery $255 $250 School/Jail Food Service Central Kitchen $255 $250 Satellite Kitchen $175 $4�9 Headstart/Preschool $215 $2�0 Re-inspections Initial $85 $gg Follow-up $140 $ 5 Technical Assistance (per hour) $85/hr $$01114f Plan Review(per hour) $85/hr $$0�hf Appeal/Office Conference $170 $46.5 Catering Off Premises Vending - Licensed Restaurant $175 $1�A Catering with Commessary Only $255 $250 Grocery/Markets 0-3 Checkstands Base fee $255 $250 4+ Checkstands Base fee $300 $290 For Each Department Add: Bakery $85 $$8 Meat $85 $gg Seafood $85 $gg Deli $130 $42-5 Espresso $85 sw Food Handlers Card (fee set by State) $10 Duplicate for Lost Food Handlers Card $3 Temporary Food Event Low Risk Foods Regular Tax Exempt Single Event $45 $30 Multiple up to 21 days $85 $50 $60 Farmer's Market $70 $55 Moderate Risk Foods Single Event $85 $30 $60 Multiple up to 21 days $175 $7-0 $130 $425 Farmer's Market $160 5455 $120 $44-5 High Risk Foods Single Event $130 $42-5 $95 SW Multiple up to 21 days $255 $250 $190 $4-85 Farmer's Market $240 $2-3-5 $180 $475 Expedited Food Permit Additional 50% of fee Land Use Fees BLA (office review) S130 Mason County Community Services- Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 Mason County Community Services Page 4 of 5 2020 Environmental Health Fee Schedule Large Lot Subdivision Application fee $400 $380 Per Parcel fee $30 Short Subdivision $400 $390 Subdivision Application fee $595 $&5 Per Parcel fee $30 Other review(per hour) $85/hr $80!#f Pre-application meeting - Major EH Plan Review $225 $220 Change in Tennant- Minor EH Plan Review $115 $44-0 Building Plan Review/Change of Use-Onsite Sewage: $115 $149 Building Plan Review/Change of Use- Drinking Water Availability: $115 $440 Water Resource Inventory Area (WRIA) Fee, (set by State) $500 Technical Assistance (per hour) $85/hr $80/h Licensed Onsite Professionals Certified Installer Test(through WOSSA) Annual $255 $250 Certified Pumper Inspection <1 hour, additional time billed per hour $85 $88 Annual $255 $250 Certified O&M Specialist Test(through WOSSA) Annual $255 $250 Washington State DOL Certified Designer Inclusion on Mason County list-Annual Listing $30 Onsite Sewage System Fees Individual permit $465 $45-5 Installation $225 $220 Extension (< 1 year through September 30) $140 $435 Homeowner install - in addition to installation fee $190 $435 Tank Only $225 $220 Community/Commercial $1,085 $ 855 Base + hourly rate > 8 hrs Per connection (payable with design submittal $140 $135 Re-inspection/Re-submittal $140 $435 O&M Processing/Data entry to Carmody $4-0 Winter Observation $515 $508 EH Review(Non-refundable) CRT Water $225 $2-20 Septic $215 $240 Both $385 $370 Property Evaluation $310 $305 Dye Test (supplies extra) $85/hr $80/ Mason County Community Services- Environmental Health 415 N.6th Street-Shelton, WA 98584 360-427-9670, ext. 400 Mason County Community Services Page 5 of 5 2020 Environmental Health Fee Schedule Appeal $170 $44" WaiverNariance Staff/EH $170 $45 Health Officer/DOH/Director $255 $2-50 Technical Assistance (per hour) $85/hr $58f14f Other EH Fees Technical Assistance all EH Programs $85/hr $80/hf Fee for copies (set by State) $0.15 SEPA(set by DCD) Filing fees (Fee set by Auditor) Scanning fee (per document/permit) $10 Operating without a permit Double permit fee Technology Surcharge (set by DCD for electronic permitting) Per resolution 70-13, the following Environmental Health fees may be increased each year by the amount of the July to July Consumer Price index(CPIU) -All Urban Consumers, with a maximum increase of 5%. The CPIU used for this 2020 Fee Schedule is 2.7%. Fees have also been rounded down to the nearest $5.00. I Mason County Community Services-Environmental Health 415 N. 6th Street-Shelton, WA 98584 360-427-9670, ext. 400 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: 422 DATE: November 5 , 2019 Agenda Item # Z.5 Commissioner staff to complete) BRIEFING DATE: 10/21/2019 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to appoint Mark Nault to the Mason County Civil Service Commission to fill the remainder of a six-year term that ends December 31, 2023. Background: The Civil Service Commission of Mason County is governed by RCW 41.14. The Civil Service Commission ensures the rules for operation of the civil service system are consistent with state law. Hear investigations and appeals or complaints. Certify testing process and procedures. The Commission is required to meet monthly and the Commission serves without compensation. A News Release was circulated on September 24, 2019 thru October 15, 2019 seeking applicants to fill a vacant position for the remainder of a six-year term that ends December 31, 2023. Two applications were received and reviewed. RECOMMENDED ACTION: Approval to appoint Mark Nault to the Mason County Civil Service Commission to fill the remainder of a six-year term that ends December 31, 2023. 10/22/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Human Resources EXT: 422 COMMISSION MEETING DATE: 11/5/19 Agenda Item # (� (Commissioner staff to complete BRIEFING DATE: 10/21/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 80-19 to revise the Non-Represented Salary Scale Range Alignment by approving a 1.75% general wage increase effective January 1, 2020. Background: The Board has determined that a 1.75% general wage increase for all Non-Represented employees to maintain parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. RECOMMENDED OR REQUESTED ACTION: Approval to amend Resolution 80-19 to revise the Non-Represented Salary Scale Range Alignment by approving a 1.75% general wage increase effective January 1, 2020. ATTACHMENT: Resolution and Non-Represented Salary Scale Range Alignment RESOLUTION NO. AMENDING RESOLUTION NO. 80-19 TO REVISE THE NON-REPRESENTED SALARY SCALE RANGE ALIGNEMENT BY APPROVING A 1.75% GENERAL WAGE INCREASE EFFECTIVE JANUARY 1, 2020 WHEREAS, RCW 36.16.070 states that"...the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget..."; and WHEREAS, RCW 36.16.070 states that"...In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensation..."; and WHEREAS, the Board has determined that a 1.75% general wage increase for all Non- Represented employees to maintain parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County; and WHEREAS, consistent with Board Resolution No. 56-15, the Board will continue to allow step increases for Non-Represented employees, consistent with policy; and NOW, THEREFORE BE IT RESOLVED, effective January 1, 2020 the Board of County Commissioners does hereby amend the Non-Represented Salary Table by 1.75% general wage increase. DATED this day of November 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief Prosecuting Attorney Sharon Trask, Commissioner Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 46 Community Services Director 1015 Public Works & Utilities Director 4005 Support Services Director 1156 Undersheriff 3000 44 Deputy Director Public Works/Utilities &Waste Mgmt 4010 County Engineer 4008 43 Chief Public Defender 1160 Chief Criminal Deputy 3002 Chief Jail 3003 41 Jail Lieutenant 3005 40 Engineering and Construction Manager 4030 Technical Services Manager 4220 39 Chief Finance Officer 2000 38 DEM/IT/Parks & Trails Manager 2059 Road Operations & Maintenance/ER&R Manager 4020 Water &Wastewater Manager 4015 Chief Civil Deputy 3001 37 Administrator, Probation & Juvenile Services 1050 35 District Court Administrator 1180 Superior Court Administrator 1190 34 Assistant Road Operations & Maintenance Manager 4021 33 Deputy Administrator, Probation Services 1052 Engineer III 4033 Personal Health Manager 2171 Environmental Health Manager 2169 Planning Manager 2080 Permit Assistance Center Manager 2090 32 Budget Manager 1155 31 Public Works Finance Manager 2011 Page I 1 of 2 Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 29 Equipment Maintenance Supervisor 4080 Finance Manager 2010 Road Operations & Maintenance Supervisor 4022 Chief Deputy Treasurer 1139 Administrative Services Manager 1153 Human Resources/Risk Manager 1154 Chief Deputy Assessor 1099 Administrative Manager 2149 Facilities Manager 2058 28 Engineer II 4032 27 Chief Deputy 1108 Elections Superintendent 1080 26 Engineer 4031 25 Program Manager 1 2200 Operations & Maintenance/ER&R Administrator 4200 Therapeutic Court Program Manager 2199 23 Public Works Office Administrator 2045 21 Financial Analyst Risk & Safety Compliance Manager 1057 Personnel Analyst 1152 Noxious Weed Coordinator 2226 20 Office Manager 2040 19 Official Court Recorder/Judicial Assistant 1193 Official Court Recorder/Family Law Facilitator 1192 Clerk of the Board/Records Specialist 1056 Administrative Clerk 1055 17 Administrative Assistant 1040 13 Administrative Secretary 1046 Legal Secretary 2152 Victim/Witness Advocate 2154 10 Receptionist/Secretary 2041 Therapeutic Courts Caseworker 1185 1 Central Shop Assistant 4099 Page 12 of 2 6L'ZZE'SE $ LS'E6T'E $ S9'b1T'E $ 6Z'6£0'E $ t70'S96'Z $ 99'tiZS'Z$ LZ'T69'Z $ TZ'96Z'ZE $ T SO'OLZ'6E $ OS'ZLZ'E $ LSTWE $ S9*t TT'£ $ 6Z'6EO'E $ 8Z't,68`Z$ SZ'9SL'Z $ ti6't7LO'£E $ Z 69'LSZ`Otl $ 0817S£'E $ OS'ZLZ'£ $ Et"Z6T'E $ TS'ETT'E $ OZ'996'Z$ 99't7ZS'Z $ t,6'S68'E£ $ E 9E'9t7Z'Tt $ OZ'L£b'E $ 0STSE'£ $ OS'ZLZ'E $ Etl'Z6T'£ $ 6Z'6£0`E$ 9t7'968'Z $ TS'St7L't'E $ b LO'8t,Z'Zt7 $ L9'OZS'E $ t,811EVE $ ZE'TSE'E $ 96'89Z'E $ SE'ZTT'E$ t70'S96'Z $ Et7'08S'S£ $ S E17'90E'Et, $ L8'809'E $ 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da1S„'AHIN3 A 1N3V 39NVd V luawq:)elly olcv- IL MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: November 5, 2019 Agenda Item # 2 ,1 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8067680-8068040 $ 820,721.25 Direct Deposit Fund Warrant #s 63014-63407 $ 714,489.83 Salary Clearing Fund Warrant #s 7004766-7004790 $ 498,833.99 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 23,897,226.32 Direct Deposit YTD Total $ 13,829,348.52 Salary Clearing YTD Total $ 14,449,739.86 Approval of Treasure Electronic Remittances YTD Total $ 7,065,551.28 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8067680-8067880 $ 820,721.25 Direct Deposit Fund Warrant #s 63014-63407 $ 714,489.83 Salary Clearing Fund Warrant #s 7004766-7004790 $ 498,833.99 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT:422 COMMISSION MEETING DATE: 11/5/19 Agenda Item# (Commissioner staff to complete) BRIEFING DATE: 10/21/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: RCW 36.16.070 states that the Board of County Commissioners shall fix the compensation of all employees. Contribution at$1206 per month,per employee(2018 rate for General Services): MEDICAL- It is recommended that the Board adopt, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement(General Services) in place, but not ratified on January 1, 2019 utilizing the pooling method,and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision,and basic life insurance. $1,460.21 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Contribution at$1258 per month,per employee(2019 rate for Community&Family Health and Deputy Prosecutors): MEDICAL- It is recommended that the Board adopt, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement (Community& Family Health and Deputy Prosecutors) in place, but not ratified on January 1, 2020 utilizing the pooling method, and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental,vision,and basic life insurance. $1,512.21 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental,vision,and basic life insurance. Contribution at $1,310 per month, per employee (2020 rate for Probation, Public Defenders, Elected Officials, and Non Represented): MEDICAL- It is recommended that the Board adopt, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreements (Probation, Public Defenders, Elected Officials, and Non Represented) in place and ratified on January 1, 2020 utilizing the pooling method, and resulting in a distribution as follows: $963.08 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,564.21 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Background: The Board has determined that a $52 medical increase for Elected Officials and Non Represented employees maintains parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. RECOMMENDED ACTION: Approval of the attached resolution, effective January 1, 2020,for participants of the PEBB Medical program, which allocates through the pooling method, $963.08 per month County contribution for all employee single enrollments on medical, and $1,460.21 per month for Teamsters General Services Collective Bargaining Agreement in place, but not ratified on January 1, 2019 with dependent enrollments, $1,512.21 per month for Teamsters Community& Family Health and IWA Deputy Prosecutors Collective Bargaining Agreements in place, but not ratified on January 1, 2020, and $1,564.21 for all Elected Officials, eligible Non Represented, and Teamsters Probation and IWA Public Defenders whose Collective Bargaining Agreements are in place and ratified on January 1, 2020. Attachment: Resolution, Pooling Calculation Details, & PEBB Medical Premium charts RESOLUTION NO. AMEND RESOLUTION NO. 26-19 DETERMINING THE COUNTY'S 2020 HEALTH INSURANCE CONTRIBUTIONS WHEREAS, RCW 36.40.080 states that the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget; and WHEREAS, RCW 36.16.070 states that the Board shall fix the benefit compensation of all employees; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials and eligible Non-Represented employees shall increase by $52 per month for a total contribution of $1,310 (One thousand three hundred and ten dollars) per month, effective January 1, 2020; and WHEREAS, the Board has determined that the County's contribution towards health insurance premiums for Elected Officials, eligible Non-Represented employees, and also those members of the Collective Bargaining Agreements who participate in PEBB medical insurance to utilize the pooling method; and NOW THEREFORE BE IT RESOLVED, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement (General Services) in place, but not ratified on January 1, 2019 utilizing the pooling method, and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,460.21 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreement (Community & Family Health and Deputy Prosecutors) in place, but not ratified on January 1, 2020 utilizing the pooling method, and resulting in a distribution as follows: $963.08 per month for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,512.21 per month those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. NOW THEREFORE BE IT RESOLVED, effective January 1, 2020, the Board of County Commissioners does hereby establish the County's health insurance contribution rate for any Collective Bargaining Agreements (Probation, Public Defenders, Elected Officials, and Non Represented) in place and ratified on January 1, 2020 utilizing the pooling method, and resulting in a distribution as follows: $963.08 per month per Employee for those individuals enrolled in PEBB medical as an employee only (no dependent coverage). This contribution also covers dental, vision, and basic life insurance. $1,564.21 per month per Employee for those individuals enrolled in PEBB medical as an employee with one or more dependents. This contribution also covers dental, vision, and basic life insurance. Approved this day of 2019 BOARD OF COUNTY COMMISSIONERS Kevin Shutty, Chairperson Sharon Trask, Commissioner Randy Neatherlin, Commissioner Attest: Melissa Drewry, Clerk of the Board Approved as to Form: Tim Whitehead, Chief Deputy Prosecutor cc: Financial Services, Payroll Human Resources All Elected Officials and Department Heads PEBB Effective Jan 01,2020 County Pooling Contribution Calculations NON-UNION EMPLOYEES,ELECTED OFFICIALS,GENERAL SERVICES,PROBATION,COMMUNITY FAMILY HEALTH,DEPUTY PROSECUTORS,&PUBLIC DEFENDERS Counts as of October 14,2019 2018 Contribution per Employee- General Services $1,206.00 minus $963.08 Highest Employee only premium = $242.92 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $1,258.00 minus $963.08 Highest Employee only premium $294.92 2020 Contribution per Employee- Probation,Public Defenders,Elected Officials&Non-Represented $1,310.00 : minus $963.08 Highest Employee only premium = $346.92 r 2018 Contribution per Employee- General Services $242.92 X 29 Employee only premiums = $7,044.68 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $294.92 X 9 Employee only premiums = $2,654.28 2020 Contribution per Employee- Probation,Public Defenders,Elected Officials&Non-Represented $346.92 X 23 Employee only premiums = $7,979.16 1 Medical Waiver $1,206.00 minus $154.36 PEBB dental,vision,life only amount = $1,051.64 2 Medical Waiver $1,206.00 minus $154.36 PEBB dental,vision,life only amount = $1,051.64 1 Medical Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 2 Medical Waiver _ $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 3 Medical Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 4 Medical Waiver $1,310.00 minus $154.36 PEBB dental,vision,life only amount = $1,155.64 Total pooling per month for dependent coverage = $24,403.96 $24,403.96 divided by 96 Employee+Dependent Coverages = $254.21 i 2018 Contribution per Employee- General Services $1,206.00 + $254.21 looling amount per Employee+Dependent Coverages = $1,460.21 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $1,258.00 + $254.21 Pooling amount perEmployee+Dependent Coverages = $1,512.21 2020 Contribution per Employee- Probation,Public Defenders,Elected Officials&Non-Represented $1,310.00 + $254.21 Pooling amount per Employee+Dependent Coverages = $1,564.21 Pooled County Contribution for Employee+Dependent Coverage = Pooled County Contribution for Employee only Coverage = $963.08 Premium #Months Premium 2018 Contribution per Employee- General Services $1,460.21 12 $ 17,522.50 2019 Contribution per Employee- Com&Family Health&Deputy Prosecutors $1,512.21 12 $ 18,146.50 2020 Contribution per Employee- Probation,Public Defenders,Elected Officials&Non-Represented $1,564.21 12 $ 18,770.5Q 2020 Contribution for all Employee Only Coverage $963.08 12 $11,556.96 PUBLIC DEFENDERS,PROBATION,ELECTED OFFICIALS& NON REPRESENTED PEBB-Medical and Dental 2020 The County premium contribution using the pooling method,effective January 1,2020,by Resolution _.All pooled @ 2020 rate of$1,310 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $913.45 $1,672.54 $1,482.77 $2,241.85 (Group Health Classic) $15 Primary Care $175/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,564.21 $1,564.21 $1,564.21 $30 Specialist S525/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $108.33 None $677.64 Kaiser Permanente WA PREMIUM $837.01 $1,519.66 $1,349.00 $2,031.65 (Group Health Value) S30 Primary Care $250/Person $3,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,564.21 $1,564.21 $1,564.21 $50 Specialist $750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None 5467.44 Kaiser Permanente WA PREMIUM $771.46 $1,383.40 $1,245.00 $1,798.62 (Group HealthCDHP) 100/o/Primary Care $1,400/Person $5,100/Person COUNTY POOLED CONTRIBUTION $963.08 $1,564.21 $1,564.21 $1,564.21 10%Specialist $2,800/Family $10,200/Family EMPLOYEE PAYS(Payroll Deduction) None None None 5234.41 Kaiser Permanente WA PREMIUM $779.79 $1,405.22 $1,248.87 $1,874.30 (Group Health Sound Choice) 0Primary Cam $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,564.21 $1,564.21 $1,564.21 (Must live or work in Snohomish,King, Pierce or Thurston County) 15%S ecialist $375 Family S4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $310.09 Uniform Medical Plan Classic PREMIUM $841.02 $1,527.67 $1,356.01 $2,042.67 15%Primary Care S250/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,564.21 $1,564.21 $1,564.21 15%Specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $478.46 Uniform Medical Plan CDHP PREMIUM $769.65 $1,379.78 $1,241.83 $1,793.64 15%Primary Care S 1,400/Person $4,200/Person COUNTY POOLED CONTRIBUTION $963.08 $1,564.21 $1,564.21 $1,564.21 15%Specialist $2,800/Family $8,400/Family EMPLOYEE PAYS(Payroll Deduction) None None None $229.43 Uniform Medical Plan PLUS or PREMIUM $806.27 $1,458.18 $1,295.18 $1,947.12 Uniform Medical Plan Plus UW 0%Primary Care $125/Person S2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,564.21 $1,564.21 $1,564.21 Medicine ACN Pierce,Spokane,Yakima,Skagit or Thurston 15%Specialist $375/Family S4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $382.91 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $154.36 $154.36 $154.36 $154.36 DENTAL Deductibles Max out-of-pocket VISION BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family You pay amounts Included in medical plan Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO over$1,750 May enroll in supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amount over$150 every 24 evidence of insurability If enrolled no later than 60 days after NONE months for frames,lenses,contacts and becoming eligible. Managed care w/limited dentists Maximum fitting fees combined.Exception:for UMP Willamette Dental No General Plan Classic,you pay any amount over$65 for May enroll in optional LTD within 31 days of Initial eligibility for NONE contact lens fitting fees. PEBB benefits.After 31 days must also complete Evidence of Managed care&their facilities Maximum Insurability form. COMMUNITY FAMILY HEALTH PEBB-Medical and Dental 2020 The County premium contribution using the pooling method,effective January 1,2020,by Resolution _All pooled @ 2019 rate of$1258 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA PREMIUM $913.45 $1,672.54 $1,482.77 $2,241.85 (Group Health Classic) $15 Primary Care $175/Person $2,000/Person, COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 $30 Specialist $525/Family $4,060/Family EMPLOYEE PAYS(Payroll Deduction) None $160.33 None $729.64 Kaiser Permanente WA PREMIUM $837.01 $1,519.66 $1,349.00 $2,031.65 (Group Health Value) $30 Primary Care $250/Person $3,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 $50 Specialist $750/Family $6,000/Family EMPLOYEE PAYS(Payroll Deduction) None $7.45 None $519.44 Kaiser Permanente WA PREMIUM $771.46 $1,383.40 $1,245.00 $1,798.62 (Group Health CDHP) 10^/n/PrimaryCare $1,400/Person $5,100/Person COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 10%Specialist $2,800/Family s10,200/Family EMPLOYEE PAYS(Payroll Deduction) None None None $286.41 Kaiser Permanente WA PREMIUM $779.79 $1,405.22 $1,248.87 $1,874.30 (Group Health Sound Choice) oPrimary care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 (Must live or work in Snohomish,King Pierce or Thurston County) 15%Specialist $375 Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $362.09 Uniform Medical Plan Classic PREMIUM $841.02 $1,527.67 $1,356.01 $2,042.67 15%Primary Care $250/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 15%Specialist $750/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None $15.46 None $530.46 Uniform Medical Plan CDHP PREMIUM $769.65 $1,379.78 $1,241.83 $1,793.64 15%Primary Care $1,400/Person $4,200/Person COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 15%Specialist $2,800/Family $8,400/Family EMPLOYEE PAYS(Payroll Deduction) None None None $281.43 Uniform Medical Plan PLUS or PREMIUM $806.27 $1,458.18 •$1,295.18 $1,947.12 Uniform Medical Plan Plus UW Medicine ACN 0%Primary Care $125/Person $2,000/Person COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 µvaum uvo m uuwwumu,a�w�,n,uay, Pierce,Spokane,Yakima,Skagit or Thurston 15%Specialist $375/Family $4,000/Family EMPLOYEE PAYS(Payroll Deduction) None None None $434.91 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 Medical Waived $154.36 $154.36 $154.36 $154.36 DENTAL Deductibles Max out-of-pocket VISION BASIC LIFE AND AD&D Insurance Uniform Dental Group#3000 $50/Person$150/Family You pay amounts Included in medical plan Basic Life $35,000 Basic AD&D $5,000 Delta Dental PPO over$1,750 May enroll in supplemental Term Life Insurance without providing Delta Care Group#3100 No General Plan You pay any amount over$150 every 24 evidence of insurability if enrolled no later than 60 days after NONE months for frames,lenses,contacts and becoming eligible. dentists limited care w — Managed Maximum / fitting fees combined.Exception:for UMP Willamette Dental No General Plan Classic,you pay any amount over$65 for May enroll in optional LTD within 31 days of Initial eligibility for NONE contact lens fitting fees. PEBB benefits.After 31 days must also complete Evidence of Managed care&their facilities Maximum Insurability form. DEPUTY PROSECUTING ATTORNEYS PEBB-Medical Benefits&WCIF-Dental Vision Life Benefits 2020 The County premium contribution using the pooling method,effective January 1,2020,by Resolution .All pooled @ 2019 rate of$1258 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $826.77 $1,585.86 $1,396.09 $2,155.17 Health Classic) $15 Primary Care $175/Person $2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 $30 Specialist $525/Family $4,000/Family PREMIUM TOTAL $963.08 $1,722.17 $1,532.40 $2,291.48 COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 EMPLOYEE PAYS(Payroll Deduction) $0.00 5209.96 $20.19 $779.27 Kaiser Permanente WA(Group PREMIUM $750.33 $1,432.98 $1,262.32 $1,944.97 Health Value) $30 Primary Care $250fPcmon S3,000/Persm WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 $50 Specialist $750/Family $6,000/Family PREMIUM TOTAL $886.64 $1,569.29 $1,398.63 $2,081.28 COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 EMPLOYEE PAYS(Payroll Deduction) None $57.08 None $569.07 Kaiser Permanente WA(Group PREMIUM $684.78 $1,296.72 $1,158.32 $1,711.94 Health CDHP) l0%JPrima y Cam $1,400/Person $5,100/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 10%Specialist $2,800/Family SI 0,200/Family PREMIUM TOTAL $821.09 $1,433.03 $1,294.63 $1,848.25 COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 EMPLOYEE PAYS(Payroll Deduction) None None None $336.04 Kaiser Permanente WA(Group PREMIUM $693.11 $1,318.54 $1,162.19 $1,787.62 Health Sound Choice) 0primary C.. S125/Person S2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 5136.31 $136.31 15%Specialist $375 Family S4,000/Family PREMIUM TOTAL $829.42 $1,454.85 $1,298.50 $1,923.93 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $411.72 Uniform Medical Plan Classic PREMIUM $754.34 $1,140.99 $1,269.33 $1,955.99 15%Primary Care $250/Person $2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 15%Specialist $750/Family S4,000/Family PREMIUM TOTAL $890.65 $1,277.30 $1,405.64 $2,092.30 COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 EMPLOYEE PAYS(Payroll Deduction) None None None $580.09 Uniform Medical Plan CDHP PREMIUM $682.97 $1,293.10 $1,155.15 $1,706.96 15%Primary Care $1,400/Person S4,200/Pemon WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 15%Specialist S2,800/Family S8,400/Family PREMIUM TOTAL $819.28 $1,429.41 $1,291.46 $1,843.27 COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 EMPLOYEE PAYS(Payroll Deduction) None None None $331.06 Uniform Medical Plan PLUS or PREMIUM $719.59 $1,371.50 $1,208.53 $1,860.44 Uniform Medical Plan Plus UW 0%Primary care $125/Person $2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 Medicine ACN (Must live in SnohoYakima, Skagitsh, King,K trap,Pierce, 15%Specialist $375/1amily $4,000/Family PREMIUM TOTAL $855.90 $1,507.81 $1,344.84 $1,996.75 Spokane,Yakima,Skagit or Thurston County) COUNTY POOLED CONTRIBUTION $963.08 $1,512.21 $1,512.21 $1,512.21 EMPLOYEE PAYS(Payroll Deduction) None None None $484.54 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental-Reduced prelum by$1.92 VSP$175 Basic $24,000 Willamette(Managed Care&their facilities) Frame Dependent $1,000 GENERAL SERVICES PEBB-Medical Benefits&WCIF-Dental Vision Life Benefits 2020 The County premium contribution using the pooling method,effective January 1,2020,by Resolution .All pooled @ 2018 rate of$1206 Copays Annual Deductibles Max out-of-pocket Employee EE/Spouse EE/Children Full Family Kaiser Permanente WA(Group PREMIUM $826.77 $1,585.86 $1,396.09 $2,155.17 Health Classic) S 15 Primary Can, $175/Person $2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 $30 Specialist $525/Family $4,000/Family PREMIUM TOTAL $963.08 $1,722.17 $1,532.40 $2,291.48 COUNTY POOLED CONTRIBUTION $963.08 $1,460.21 $1,460.21 $1,460.21 EMPLOYEE PAYS(Payroll Deduction) $0.00 $261.96 $72.19 $831.27 Kaiser Permanente WA(Group PREMIUM $750.33 $1,432.98 $1,262.32 $1,944.97 Health Value) $30 Primary Cam $250/Pcmon $3,000/Penon WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 $50 Specialist $750/Family $6,000/Family PREMIUM TOTAL $886.64 $1,569.29 $1,398.63 $2,081.28 COUNTY POOLED CONTRIBUTION $963.08 $1,460.21 $1,460.21 $1,460.21 EMPLOYEE PAYS(Payroll Deduction) None $109.08 None $621.07 Kaiser Permanente WA(Group PREMIUM $684.78 $1,296.72 $1,158.32 $1,711.94 Health CDHP) 10%dPrimaryCaro $1,400/Person $5,100/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 10%Specialist $2,800/1'amily $10,200/Family PREMIUM TOTAL $821.09 $1,433.03 $1,294.63 $1,848.25 COUNTY POOLED CONTRIBUTION $963.08 $1,460.21 $1,460.21 $1,460.21 EMPLOYEE PAYS(Payroll Deduction) None None None $388.04 Kaiser Permanente WA(Group PREMIUM $693.11 $1,318.54 $1,162.19 $1,787.62 Health Sound Choice) 0 Primary Cam $125/Person $2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 15%Specialist $375 Family S4,000/Family PREMIUM TOTAL $829.42 $1,454.85 $1,298.50 $1,923.93 (Must live or work in Snohomish,King, COUNTY POOLED CONTRIBUTION $963.08 $1,460.21 $1,460.21 $1,460.21 Pierce or Thurston County) EMPLOYEE PAYS(Payroll Deduction) None None None $463.72 Uniform Medical Plan Classic PREMIUM $754.34 $1,440.99 $1,269.33 $1,955.99 15%Primary Caro $250/Pcrson $2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 15%Specialist $750/Family $4,000/Family PREMIUM TOTAL $890.65 $1,577.30 $1,405.64 $2,092.30 COUNTY POOLED CONTRIBUTION $963.08 $1,460.21 $1,460.21 $1,460.21 EMPLOYEE PAYS(Payroll Deduction) None $117.09 None $632.09 Uniform Medical Plan CDHP PREMIUM $682.97 $1,293.10 $1,155.15 $1,706.96 15%Primary Can: $1,400/Person $4,200/1'erson WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 15%Specialist $2,800/1'amily $8,400/1'amily PREMIUM TOTAL $819.28 $1,429.41 $1,291.46 $1,843.27 COUNTY POOLED CONTRIBUTION $963.08 $1,460.21 $1,460.21 $1,460.21 EMPLOYEE PAYS(Payroll Deduction) None None None $383.06 Uniform Medical Plan PLUS or PREMIUM $719.59 $1,371.50 $1,208.53 $1,860.44 Uniform Medical Plan Plus UW 0 Primary Care $125/Person $2,000/Person WCIF DENTAL VISION LIFE $136.31 $136.31 $136.31 $136.31 Medicine ACN (Must live in Snohomish,King,Kinap,Pierce, Spokane,Yakima,Skagit or Thurston County) 15%Specialist $375/Family $4,000/Family PREMIUM TOTAL $855.90 $1,507.81 $1,344.84 $1,996.75 COUNTY POOLED CONTRIBUTION $963.08 $1,460.21 $1,460.21 $1,460.21 EMPLOYEE PAYS(Payroll Deduction) None $47.60 None $536.54 Tobacco Use Surcharge $25.00 $25.00 $25.00 $25.00 Spouse Waiver Premium Surcharge $0.00 $50.00 $0.00 $50.00 DENTAL VISION LIFE WCIF Delta Dental-Reduce premium by$1.92 VSP$175 Basic $24,000 Willamette(Managed Care&their facilities) Frame Dependent $1,000 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Human Resources EXT: 422 COMMISSION MEETING DATE: 11/5/19 Agenda Item # (Commissioner staff to complete) BRIEFING DATE: 10/21/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 80-19 to revise the Non-Represented Salary Scale Range Alignment by approving a 1.75% general wage increase effective January 1, 2020. Background: The Board has determined that a 1.75% general wage increase for all Non-Represented employees to maintain parity with recommended increases proposed for the members of the current Collective Bargaining Agreements within the County. RECOMMENDED OR REQUESTED ACTION: Approval to amend Resolution 80-19 to revise the Non-Represented Salary Scale Range Alignment by approving a 1.75% general wage increase effective January 1, 2020. ATTACHMENT: Resolution and Non-Represented Salary Scale Range Alignment MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: November 5, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 10/28/19 BRIEFING PRESENTED BY: Support Services/Commissioners [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to sign the letter of support for the Squaxin Island Tribe's application to take into Trust the properties previously held by the aquaculture business Clamfresh known as "Quarters Point" and specifically identified as parcel nos. 31914-10-80830, 31914-24-90032 and 31914-40-80840. Background: The Tribe has asked for a letter of support. Budget Impacts: Potential annual property tax loss of approximately $10,000. RECOMMENDED ACTION: Approval to sign the letter of support for the Squaxin Island Tribe's application to take into Trust the properties previously held by the aquaculture business Clamfresh known as"Quarters Point" and specifically identified as parcel nos. 31914-10-80830, 31914-24-90032 and 31914-40- 80840. Attachment(s): letter November 5, 2019 Northwest Regional Director Department of Interior, Bureau of Indian Affairs 911 NE Eleventh Ave Portland, OR 97232-4169 To Whom It May Concern, The Mason County Board of Commissioners supports the Squaxin Island Tribe's application to take into Trust the properties previously held by the aquaculture business Clamfresh known as"Quarters Point"and specifically identified as parcel nos. 31914-10-80830, 31914-24-90032 and 31914-40-80840. The Tribe is a responsible steward of the environment, has established a decades long relationship with the County Sheriff by MOU to address jurisdictional issues, and makes ongoing investments in both the tribal and surrounding community. Mason County understands the deep connection within the Tribal community to the shellfishery. Tribal enterprises, including the tribal aquaculture business that took over the Clamfresh property, provides high quality employment opportunities and economic possibilities for Mason County. Placing the land in Trust may result in a loss of real property tax which is a concern to the County but we are confident this loss will be outweighed by the financial and other benefits of the Tribe's participation in the local economy. Thank you for your consideration. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner TerraScan TaxSifter - Mason County Washington Page 1 of 2 MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY NOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Elisabeth Frazier Mason County Treasurer 411 N 5th Street,Building 1 Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 31914-10-80830 Owner Name: SQUAXIN ISLAND TRIBE DOR Code: 91 -Undeveloped-Land Addressl: C/O DAVID C JOHNS Situs: Address2: 3591 SE OLD OLYMPIC HWY Map Number: City,State: SHELTON WA Status: Zip: 98584 Description: TAX 83 EX S 44/166-171,S 44/185-193 Comment: Current Tax Year Details Type Taxpayer Statement# Gross Tax Tax Exempt Net Tax Asmts Total Tax Real Property '.SQUAXIN ISLAND TRIBE 2019-319141080830 $180.33 $0.00 $180.33 $0.00 $180.33 Balances Due 5 Year Tax History Type Statement Number Taxes Assessments Fees Balance Due .. _ __-i Real Property 2019-319141080830 $180.33 j $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid I 921334-04/17/19-Anna 04/17/2019 j $180.33 j $0.00 $180.33 Type Statement Number Taxes Assessments Fees Balance Due Real Property 2018-319141080830 $90.19 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 842119-04/25/18-Heather 04/25/2018 $90.19 $0.00 $90.19 1 Type Statement Number Taxes Assessments Fees Balance Due Real Property 2017-319141080830 $77.41 $0.00 $0.00 $0.00 Receipt Number ! Receipt Date Taxes/Fees Interest PaidTT$77. Paid L 735664-04/13/17-Heather 04/13/2017 I $77.41 $0.00 41 L __.. - Type Statement Number Taxes Assessments Fees Balance Due j Real Property 2016-319141080830 1 $71.21 $0.00 1 $0.00 $0.00 r Receipt Number Receipt p p Date Taxes/Fees Interest PaidTotal Paid j 666926 04/28/16 Barb 04/28/2016 $35.61 $0.00 1 $35.61 685772 10/06/16 Barb j 10/06/2016 $35.60 $0.00 $35.60 Type Statement Number Taxes Assessments Fees Balance Due Real Property 2015-319141080830 $70.13 f $0.00 ! $0.004 $0.00 _..._ _ m Receipt Number Receipt Date Taxes/Fees Interest Paid Totai Paid _ _ .. __ _ 580742 05/04/15 Julie 05/04/2015 1 $35.07 $0.00_____I,_, $35.07 . _____ 629316-01/19/16-Barb 01/19/2016 I $36.06 $3.86 $39.92 https:Hproperty.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyld=3465 3 77&parce]Numbe... 10/24/2019 TerraScan TaxSifter- Mason County Washington Page 1 of 2 MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CARTf01 Elisabeth Frazier Mason County Treasurer 411 N 5th Street,Building 1 Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 31914-24-90032 Owner Name: SQUAXIN ISLAND TRIBE DOR Code: 18-Residential -All other Addressl: C/O DAVID C JOHNS Situs: 1091 SE DAHMAN RD,SHELTON 98584 Addressl: 3591 SE OLD OLYMPIC HWY Map Number: City,State: SHELTON WA Status: Zip: 98584 Description: PCL 2 OF BLA#14-43 AF#2032869 PTNS OF GL 1&2 S 34/176-177,S 35/152,S 36/129 S 39/2,&S 41/48-49 S 44/166-171, S 44/185-193 Comment: Current Tax Year Details Type Taxpayer Statement# Gross Tax Tax Exempt Net Tax Asmts Total Tax Real Property SQUAXIN ISLAND TRIBE--71 2019-319142490032 $9,680.61 $0.00 $9,680.61 $17.90 $9,698.51'. Balances Due 5 Year Tax History Type Statement Number Taxes Assessments Fees Balance Due Real Property 2019-319142490032 $9,680.61 $17.90 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees j Interest Paid Total Paid 921335-04/17/19-Anna 04/17/2019 $9,698.51 j $0.00 $9,698.51 I Type Statement Number Taxes Assessments Fees Balance Due Real Property 2018-319142490032 $14,232.81 $17.90 $0.00 1 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 842120-04/25/18-Heather 04/25/2018 $14,250.71 $0.00 $141250.71 Type Statement Number Taxes µ Assessments Fees Balance Due Real Property2017 319142490032 $11,812.53 $17.90 $0.00 1 $0.00 _. Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 735663-04/13/17-Heather 04/13/2017 $11,830.43 $0.00 $11,830.43 _ __. ... i ..._........ Type Statement Number Taxes Assessments Fees Balance Due ...................0 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid .................................._......__..._._...__......................................_............_.........._.._................................._._._.'_.._........_...._........_...._............................._.....___................__......_.__._.._.__._._................666927-04/28/16-Barb.........._......_................._04/28/2016............... ._,................_$5,476.38._..........._............................._$0.00 ....._............................_#5,476.38............ 685773-10/06/16-Barb 10/06/2016 $5,476 37 $0 00 $5,476 37 ............................................................... ........ ......... ........ . .. __._ ..., _.__....._....._........................_..............._..................._----........................_..............._...._..._..........__............................_._............._...__.F._........................................_.._......._............._...._........................._..--_,......__..._............_.........._.................._...__.._ Type Statement Number Taxes Assessments Fees i Balance Due ....... .......... __ ........... ._..._ .................. �.... ....__ ..... ..... ... __...__........__.._._ Real Property 2015-319142490032 $9,980.22 $17.90 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 580743-05/04/15-Julie 05/04/2015 € $2,730.94 $0.00 $2,730.94 I 624200-11/05/15-Barb 11/05/2015 $7,267.18 $0.00 $7,267.18 https:Hproperty.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyld=34653 90&parcelNumbe... 10/24/2019 TerraScan TaxSifter- Mason County Washington Page 1 of 2 MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETSIFTER COUNTY HOME PAGE CONTACT DISCLAIMER PAYMENT CART(0) Elisabeth Frazier Mason County Treasurer 411 N 5th Street,Building 1 Shelton,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 31914-40-80840 Owner Name: SQUAXIN ISLAND TRIBE DOR Code: 91 -Undeveloped-Land Addressl: C/O DAVID C JOHNS Situs: Address2: 3591 SE OLD OLYMPIC HWY Map Number: City,State: SHELTON WA Status: Zip: 98584 Description: TAX 84 EX S 44/166-171,S 44/185-193 Comment: Current Tax Year Details Type Taxpayer Statement# Gross Tax Tax Exempt Net Tax A1.smts Total Tax Real Property SQUAXIN ISLAND TRIBE 2019-319144080840 $45.23 $0.00 $45.23 $0.00 $45.23 Balances Due 5 Year Tax History Type Statement Number Taxes Assessments Fees Balance Due Real Property 2019-319144080840 $45.23 $0.00 $0.00 $0.00 ....... Receipt Number Receipt Date Taxes/Fees Interest Paid ,Total Paid j 921336-04/17/19-Anna 04/17/2019 $45.23 $0.00 $45.23 11 Type Statement Number Taxes Assessments Fees Balance Due Real Property 2018-319144080840 $22.64 $0.00 $0.00 $0.00 Receipt Number -j Receipt Date Taxes/Fees Interest Paid Total Paid 842121 04/25/18-Heather 04/25/2018 $22.64 $0.00 $22.64 Type Statement Number Taxes Assessments Fees Balance Due .......... _ _„__. ._. _. �... �_. Real Property 2017-319144080840 $19.41 1 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid 735662-04/13/17-Heather 04/13/2017 $19.41 $0.00 $19.41 Type Statement Number Taxes Assessments Fees Balance Due i Real Property 2016-319144080840 $17.85 $0.00 $0.00 $0.00 Receipt Number Receipt Date Taxes/Fees Interest Paid Total Paid i 666928-04/28/16-Barb 04/28/2016 $17.85 10.00 $17.85 Type Statement Number Taxes Assessments Fees I Balance Due Real Property 2015-319144080840 $17.58 $0.00 1 $0.00 ; $0.00 Receipt Number Receipt Date Taxes/Fees W �Intere_st PaidTotal Paid 580744-05/04/15 Julie 05/04/2015 $17 58 � $0.00 $17.58 Type_ -� Statement Number Taxes Assessments Fees ' Balance Due https://property.co.mason.wa.us/Taxsifter/Treasurer.aspx?keyld=3465407&parcelNumbe... 10/24/2019 , MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Emergency Management EXT: 806 COMMISSION MEETING DATE: 11-05-2019 Agenda Item # ( c) Commissioner staff to complete) BRIEFING DATE: 10-21-2019 BRIEFING PRESENTED BY: Ross McDowell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: FY19- Emergency Management Performance Grant (EMPG) contract E20-121 approval Background: This grant originates from the US Department of Homeland Security to Washington State Military Department to State EMD then to us at the county level. The grant is for program enhancements and continuation of special programs that assist with planning, educating, exercising citizens and staff in emergency preparedness. The 2019 EMPG grant amount is close to the same as 2018. In the 2019 grant we will be receiving $35,677. There is a 50% match to the grant, which comes from the 2020 DEM salaries and supplies budget lines. The grant paperwork has been reviewed by the Mason County Prosecuting Attorney's Office for its form. RECOMMENDED ACTION: Approve the signing of the FY19 EMPG contract E20-121 by Emergency Management Manager. Attachment(s): FY19 EMPG grant contract E20-121 (page 1) 10/10/2019 Washington State Military Department EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount. 3. Grant Agreement Number: Mason County $35,677 E20-121 Division of Emergency Management(DEM) 100 W Public Works Drive Shelton,WA 98584-9714 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ross McDowell,360-427-9670 ext.806 June 1, 2019 August 31, 2020 rmcdowell@co.mason.wa.us 7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue): John Hollingsworth,253-512-7044 069580751 232-002-101 john.hollingsworth@mil.wa.gov 10. Funding Authority: Washington State Military Department(the"DEPARTMENT")and the U.S. Department of Homeland Security(DHS) 11. Federal Funding Identification#: 12. Federal Award Date: 13. Assistance Listings#(formerly CFDA)&Title: EMS-2019-EP-00003-S01 08/05/2019 1 97.042 19EMPG 14. Total Federal Amount#: 15. Program Index#&OBJ/SUB-OBJ: $7,409,645 1 793PT NZ 16. Service Districts: 17. Service Area by County(ies): 18. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 35 Mason Certified: ® N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 6, 10 ❑ YES, OMWBE# 19. Agreement Classification 20. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services ® Public/Local Gov't ❑ Contract ® Grant ® Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ interagency 21. Subrecipient Selection Process: 22. Subrecipient Type(check all that apply) ® "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A ® Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ® SUBRECIPIENT ❑ OTHER 23. PURPOSE& DESCRIPTION: The purpose of the Fiscal Year(FY) 2019 Emergency Management Performance Grant (19EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 19EMPG DHS Award Letter for Grant No.EMS-2019-EP-00003- S01, which is incorporated in and attached hereto as Exhibit F and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof,and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Timeline (Exhibit D); Budget (Exhibit E); 19EMPG Award Letter EMS-2019-EP-00003-S01 (Exhibit F); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions,and, 3. Work Plan,Timeline,and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Ross McDowell, DEM Manager Washington State Military Department Mason County DEM BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable): Brian E. Buchholz 6/27/2019 Sr.Assistant Attorney General Applicant's Legal Review Date DHS-FEMA-EMPG-FY 19 Page 1 of 35 Mason County DEM, E20-121 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item # BRIEFING DATE: October 21, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Asphaltic Materials — Call for Bids BACKGROUND: The purpose of the call for bids is to solicit bids for the procurement of road maintenance materials by Mason County Public Works. The annual purchased of these materials are expected to exceed $50,000; therefore a formal competitive bidding is required. As per RCW 36.32.256, the county reserves the right to award the bid to more than one vendor, per item, when hauling distance is a factor. Mason County does not guarantee a minimum purchase of these materials. Pricing will be fixed for this time period. BUDGET IMPACT: Variable but expected to exceed $50,000 in expenditures from the Road fund in 2020. RECOMMENDED ACTION: Recommend the Board authorize Public Works/ER&R to advertise, set bid opening date/time, award and allow Chair to sign all pertinent documents for the call for bids to furnish Mason County with Asphaltic Materials for 2020 calendar year. Contract award(s) will be announced at a scheduled meeting of the Board of Mason County Commissioners. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item # BRIEFING DATE: October 21, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Culvert Pipe & Lining — Call for Bids BACKGROUND: The purpose of the call for bids is to solicit bids for the procurement of road maintenance materials by Mason County Public Works. The annual purchased of these materials are expected to exceed $50,000; therefore a formal competitive bidding is required. As per RCW 36.32.256, the county reserves the right to award the bid to more than one vendor, per item, when hauling distance is a factor. Mason County does not guarantee a minimum purchase of these materials. Pricing will be fixed for this time period. BUDGET IMPACT: Variable but expected to exceed $50,000 in expenditures from the Road fund in 2020. RECOMMENDED ACTION: Recommend the Board authorize Public Works/ER&R to advertise, set bid opening, award, sign contract, if needed, and allow Chair to sign all pertinent documents for the call for bids to furnish Mason County with culvert pipe and linings for 2020 calendar year. Contract award(s) will be announced at a scheduled meeting of the Board of Mason County Commissioners. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item # BRIEFING DATE: October 21, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Road Maintenance Surfacing Materials — County Vendor Roster BACKGROUND: Public Works would like to open our annual solicitation to prospective suppliers in order to establish a "Surfacing Materials Vendor Roster" for various types and smaller quantities of rock and sand to be used on projects throughout Mason County on an as-needed basis. Having an active vendor list with set prices will enable Mason County Public Works to evaluate relative costs from multiple suppliers and ensure an efficient and most cost effective method. All material quotes must meet specifications included in the solicitation and should generally be available at the supplier's source. After vendor quotations are received, Public Works will finalize the list of qualified suppliers. Material suppliers placed on the approved vendor list are expected to honor their agreed unit prices; however, Mason County does not guarantee a minimum purchase of materials. BUDGET IMPACT: Variable dependent on need RECOMMENDED ACTION: Recommend the Board authorize Public Works use the County Vendor Roster to solicit and establish a 2020 Surfacing Materials unit pricing vendor list and purchase quantities as needed. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item #� BRIEFING DATE: October 21, 2019 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Belfair Sanitary Sewer Code Amendment— Set Hearing BACKGROUND: The county is committed to taking steps to improve the financial position of the Belfair sewer and utility fund, and contracted with FCS Group to prepare an Updated Financial Plan for Belfair Sewer System. Part of this work was to examine the Capital Facilities Charge (CFC) and to provide an updated calculation. The result is a change from the existing CFC amount of $16,300 to a new CFC of $11,300 based on the definition of an ERU equivalent to 155 gallons per day. BUDGET IMPACTS: The proposed change to the CFC amounts to a 30.7% reduction which is closer to the City of Bremerton's GFC (proposed Mason $11,300 vs. Bremerton $7,089 — $8,791). Reducing the CFC may improve our ability to attract much-needed new development. A CFC reduction and discount was previously enacted for eligible and approved projects within the Multi-Family Housing Tax Incentive Program. The 2020 budget makes a conservative assumption regarding growth and new ERUs, and a reduction will not have a significant financial impact on the fund. RECOMMENDED ACTION: Recommend the Board set a hearing for Tuesday, December 3, 2019 at 9:15am to consider a code amendment to Mason County Code Chapter 13.31, Section.060, (Al.a.), (G) and (H) regarding Capital Facilities Charges (CFCs) schedule and exceptions. ATTACHMENTS: 1. Notice 2. Code Revisions Briefing Summary NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton,WA 98584 on Tuesday, December 3, 2019 at 9:15am. SAID HEARING will be to present the revisions to Mason County Code Ch 13.31 `Belfair Sanitary Sewer Code," Section.060(A La)(G)and(I)under,"Permit fees. CFC's,ERUs,monthly sewer charge"to reflect current Capital Facilities Charge(CFCs)calculations. A copy of these updates are available on the County website at: www.co.mason.wa.us on the Utilities Waste Management Solid Waste homepage under"News and Links". If special accommodations are needed,please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 or any questions contact Loretta Swanson, 360427-9670,Ext. 450. DATED this day of November 2019. DEPARTMENT OF PUBLIC WORKS MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Cc: Auditor Clerk of the Board Public Works Applicant Journal - Publ 2t: 11/14/19 & 11/21/19 (not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing — No later than November 18, 2019 (Bill Public Works — 100 W Public Works, Shelton, WA 98584) 13.31.060-Permit fees,CFCs,ERUs,monthly sewer charge. A. Permit Fees and Costs. 1. At the time of application for a building sewer permit,or if an applicant seeks to connect to the sewer system,the applicant shall apply for a building sewer permit(blue card)and shall pay to the county a permit fee together with connection charges and/or other applicable charges (including grinder pump charges),if any,required by this chapter. If the permit is not issued,the permit fee,grinder pump charge and connection charges shall be refunded. J). For single-family residential structures built after December 31, 2011, the building sewer_ -- Deleted:a. For structures existing as of permit fee shall be one hundred fifty dollars. December 31,2011,the building sewer permit fee shall be waived.¶ c. For multifamily or commercial structures built after December 31, 2011,the building sewer permit fee shall be seventy-five dollars per hour of staff time plus the out-of-pocket costs incurred by the department in reviewing, inspecting, and meeting about the permit application.The minimum fee is one hundred fifty dollars,which must be paid at the time of application.After the actual amount of the fee is determined,the additional charge must be paid before the permit is issued. 2. A sewer design review fee shall be charged for design review services provided by department staff when an application is submitted for a large subdivision,short subdivision,or boundary line adjustment.The sewer design review fee shall be seventy-five dollars per hour of staff time plus the out-of-pocket costs incurred by the department in reviewing, inspecting,and meeting about the application.The minimum fee is one hundred fifty dollars,which must be paid at the time of application.After the actual amount of the fee is determined,the additional charge must be paid before the subdivision or boundary line adjustment is approved. 3. Except as provided in Section 13.31.051, grinder pumps in designated low-pressure sewer areas,all costs and expenses incidental to the installation and connection to the sanitary sewer system whether it be gravity or grinder pump connection,shall be borne by the property owner, including costs associated with decommissioning the existing septic tank or other on-site wastewater treatment system. 4. If sewer service by grinder pump is not required by the county, but desirable for the convenience and economy of the property owner, and if it is allowed by the director, the property owner shall either purchase a grinder pump approved by the county or purchase the pump directly from the county. If the pump is purchased from the county,the cost to the owner shall be the actual costs paid by the county for the grinder pump,including tax.The owner shall be responsible for the cost of installing and maintaining the pump and for the cost of electrical power to serve the pump.Owners shall be required to provide right-of-entry documents for any properties served with a grinder pump. 5. If department personnel or resources are required to repair or assist in the repair of a grinder pump whose maintenance is not the responsibility of the county, the department shall charge the property owner seventy-five dollars per hour of staff time plus out-of-pocket costs. If a pump whose maintenance is the responsibility of the county is damaged due to the actions or negligence of the property owner, the property owner shall reimburse the department for all repair or replacement costs, including seventy-five dollars per hour for applicable employee time. 6. A re-inspection fee of thirty-five dollars per additional visit shall be charged when more than one inspection is required for the county to determine if the property is properly connected to the public sewer system, and if the septic system or other on-site wastewater treatment facilities have been properly disconnected. B. Capital Facilities Charge (CFC)—Intent. Consistent with RCW 36.94.140, and subject to the exceptions stated in this section,the intent of the capital facilities charge is to recover the full cost of capacity,which is defined as the projected total capital cost of the sewer system at full build-out, net of grants and property owner capital contributions (such as utility local improvement district assessments or the value of sewer infrastructure paid for by developers and donated to the system), divided by the number of ERUs projected to be served by the system at full build-out.The calculation of the CFC shall only include capital costs to develop or expand the system,not to renovate or repair an existing system.The estimated full cost of capacity is expected to be updated periodically in order to reflect updated cost and ERU growth projections and to incorporate accrued interest for up to ten years for infrastructure already built. C. Capital Facilities Charge Required.A capital facilities charge shall be paid to the county before any structure is connected to public sewer facilities. No building sewer permit shall be issued prior to the application for a building permit. No building permit shall be issued until all capital facilities charges have been paid in full,except as otherwise provided in this chapter. The capital facilities charge per ERU for a given parcel shall be the amounts set forth in Sections 13.31.060G.and 13.31.060H. D. Residential ERUs. 1. The amount of annual water consumption defined as an ERU shall be referred to as the standard water consumption. The standard water consumption shall be one hundred fifty-five gallons per day, equivalent to seven thousand five hundred sixty-four cubic feet of water per year. 2. Subject to the exceptions stated in this section, each freestanding single-family residential structure shall be charged one ERU for sewer service. 3. Subject to the exceptions stated in this section, if more than one freestanding single-family residential structure is located on one tax parcel,each structure shall count as one ERU. 4. Multifamily uses_are defined_as two_or_more_dwelling units in one structure. The number of --- Formatted:Highlight ERUs for a multifamily structure shall be defined as the number of dwelling units multiplied by 0.7. 5. Where a legally permitted home occupation takes place within a residence, the structure shall be treated as a residential use for the purposes of determining ERUs,and not as a commercial use. 6. Where an ancillary residential structure depends on a primary residence for access to bathroom and/or kitchen plumbing fixtures, the director or his designee shall consider the ancillary structure to be part of the primary residence for the purpose of determining ERUs. 7. Where a single-family structure of four hundred square feet or less (exterior dimensions) is located on a parcel with another residential or commercial structure,the single-family structure of four hundred square feet or less shall be counted as a multifamily dwelling unit. Where common ownership and a shared water meter exist,the director or his designee may consider adjacent parcels to be functionally equivalent to one parcel for the purpose of determining the applicability of this provision. 8. A manufactured housing community, as defined in RCW 59.20.030, may elect to have its residential structures treated as a group, even if the manufactured homes are located on separate parcels and/or have separate water meters. If the manufactured housing community elects to be treated as a group,upon written notice of such election,it shall be billed as a single customer, and its residential structures shall be counted as multifamily dwelling units. If the manufactured housing community as a whole becomes delinquent, as defined by Section 13.31.090C., the director may revoke the group status, and upon written notice of such determination,each manufactured home will be counted and billed as a single-family residential structure going forward. E. Commercial ERUs. 1. The minimum number of ERUs for commercial accounts shall be one ERU for each sewered structure. Where a given commercial structure has multiple leasable tenant spaces with separate plumbing fixtures,the minimum number of ERUs shall be one ERU for each leasable tenant space. 2. For a multiple-tenant commercial structure in which all leasable tenant spaces share common plumbing fixtures (such as an office building with shared restrooms and shared kitchen facilities),the minimum number of ERUs is defined as 0.5 multiplied by the number of leasable tenant spaces. For a multiple-tenant commercial structure in which some leasable tenant spaces have separate plumbing fixtures and others rely entirely on shared plumbing fixtures, the minimum number of ERUs is defined as the number of leasable tenant spaces with any separate plumbing fixtures, plus 0.5 multiplied by the number of leasable tenant spaces relying entirely on shared plumbing fixtures. 3. Where water consumption data can be obtained, the number of ERUs for an account shall be defined as the greater of: (a) the minimum ERUs for that account, or(b) the account's total water consumption for the previous year divided by the standard water consumption for single- family residential accounts,rounded off to the nearest one-tenth of an ERU. 4. If actual monthly water consumption for a commercial account is not available, the number of ERUs for a commercial account shall be based on the type and scale of business(es)occupying the parcel, applying the categories shown in Figure B (below). The estimates in Figure B (below) may be updated as necessary by the director to reflect actual experience with similar types of businesses in Belfair or updated guidelines from state or federal governments, professional associations,or other utilities about standard water consumption by property use.If Figure B is updated,the updated version will be published on the county Web site. 5. When the categories in Figure B(below)are used to estimate the commercial ERUs for a given commercial or mixed-use parcel with more than one sewered structure or more than one leasable tenant space, the number of ERUs shall be the sum of the estimated ERUs for each leasable tenant space within each sewered structure. Commercial leasable tenant spaces relying entirely on shared plumbing fixtures shall be calculated as 0.5 times the number of ERUs shown in Figure B(below),with the total for the entire account rounded off to the nearest one-tenth of an ERU. 6. For mixed-use parcels with both commercial and residential uses, where water consumption data is available, the number of commercial ERUs shall be the greater of: (a) the minimum number of commercial ERUs; or (b) the number of ERUs determined from the total water consumption for the entire parcel minus the number of residential ERUs. 7. If a commercial account relies on a well for drinking water in place of being connected to a water system,the categories in Figure B(below)shall be used to estimate its ERUs. If a commercial account relies partly on a well and partly on the water system,metered water consumption shall be the basis of the ERU calculation for those structures connected to the water system, and there shall be additional ERUs calculated for structures receiving drinking water from a well, using Figure B(below). If a well is used only for irrigation water, no ERUs will be assigned to water from that well. 8. Tentative ERUs. If water conservation improvements have been made to an existing structure that are expected to reduce its impact on the sewer system,but there has not been enough time to demonstrate the amount of the reduction, the director may assign a tentative ERU figure based on estimated water use,provided that the property owner agrees to provide actual water consumption data for a long enough period to establish a final ERU figure.Tentative ERUs may also be used for new development in cases where, in the director's judgment, there is substantial uncertainty about the impact that a given proposed development will have on the sewer system. The tentative ERU assignment shall be replaced by a final ERU assignment as soon as there is a full year of valid water consumption data with the structure at full occupancy. If the actual water consumption is greater than the level implied by the tentative ERU figure,the property shall be charged the difference in both CFC and monthly sewer charges,dating back to the month when the tentative ERU figure was first used,plus interest accrued at five percent per year. If the actual water consumption is less than the level implied by the tentative ERU figure, the property shall be refunded the difference in both CFC and monthly sewer charges, dating back to the month when the tentative ERU figure was first used, plus interest accrued at five percent per year. 9. Changes in tenancy. If a commercial leasable tenant space becomes vacant,or its occupancy changes to a new tenant, the property owner shall notify the department of the change within thirty days of the change.This notification shall use a form to be determined by the department and shall include payment of the ten dollar fee described in Section 13.31.090D.The notification shall contain sufficient information about the new tenant for the department to determine the ERUs applicable to the account, using Figure B(below). If the change in tenancy results in a changed ERU for the account, the change in monthly sewer charges shall take effect with the next monthly bill. Vacant tenant spaces shall be counted at the minimum ERU. If a property owner fails to notify the department within thirty days of a change in tenancy that has the effect of increasing the ERUs for the account, the property owner shall be responsible for a one hundred fifty dollar penalty,plus the difference in monthly sewer charges dating to the change in tenancy, plus five percent interest per year on the outstanding difference in monthly sewer charges. F. Figure B—Commercial ERUs by Property Use (to be used only when water usage data is not available): Figure B—Commercial ERUs by Property Use Type of Use ERU Assumption if Water Usage Data is Not Available Service station 1 ERU;convenience store(small retail)is additional 1 ERU Church(with kitchen) 1.44 ERUs per 100 people Restaurant(with seating) 1 ERU per 12 seats Restaurant(to-go only) 2 ERUs Espresso drive-through 1 ERU Hotel 100 gallons per day(gpd)per room(restaurant or banquet facilities are counted separately) Large office 2 ERUs Small office 1 ERU Doctor office 500 gpd per 1,000 square feet Dentist office 750 gpd per 1,000 square feet Auto service 40 gpd per service bay Small retail 1 ERU General retail 100 gpd per 1,000 square feet Grocery store(with deli/meat/produce) 100 gpd per 1,000 square feet Salon 1 ERU plus 25 gpd Laundromat 1 ERU per washer Day care 10 gpd per person Animal grooming 30 gpd per person,add 50 gpd per tub/stall Animal boarding 30 gpd per person,add 5 gpd per stall Sources: Washington Department of Health,Criteria for Sewer Works Design King County Metro Equivalencies Clark County Washington,Commercial Flow Calculation California EPA,Wastewater Treatment Facilities Construction Revenue Program Guidelines New York State,Design Standard for Wastewater Treatment Works All ERU calculations are rounded off to the nearest one-tenth of an ERU.The rounding applies to the total account,not to individual tenant spaces or structures within a given account. G. Capital Facilities Charge. The county shall charge a one-time CFC in the amount of$11,300 per ERU. Deleted:Schedule.The CFC schedule shall be as follows 1. Deleted:From July 1,2011 through December 2. 31,2012,the CFC shall be five thousand dollars per ERU. 3. Deleted:From January 1,2013 through Q. December 31,2013,the CFC shall be six thousand dollars per ERU. 5. Deleted:From January 1,2014 through 6 December 31,2014,the CFC shall be seven thousand nine hundred dollars per ERU. H. Exceptions to CFC Amounts. Exceptions to the CFC amounts established in Section 13.31.060G. Deleted:From January 1,2015 through are as follows: December 31,2015,the CFC shall be ten thousand two hundred dollars per ERU. 1. Multi-family housing tax incentive applications that receive conditional approval pursuant to MCC 17.90.070 and located within the Belfair Residential Targeted Area as defined in MCC 17.90.060(b) Deleted:From January 1,2016 through Shrill be charged dS f0110W5: December 31,2016,the CFC shall be thirteen g thousand dollars per ERU. Deleted:After December 31,2016,the CFC (a)Capital facility charges for connection to the Belfair Sewer System will be reduced to shall be sixteen thousand three hundred dollars $5000.00 per dwelling unit.No further reductions per ERU would apply. per ERU. (b)If the tax exemption is canceled prior to the sunset date,capital facilities charges would be reinstated at the rate which was current at the time of application less those charges already paid. (c)The reduction in connection charges will sunset with the multi-family housing tax incentive. Deleted:From July 1,2011 through January 31,2012(subject to the deadline exceptions set I. Monthly Sewer Charge. The county shall charge all parcels connected to the public sewer facilities forth in Section 13.31.030F.,deadline the following monthly sewer charge: Ninety-six dollars per ERU. The county shall bill the monthly extensions),the CFC to connect existing sewer charge in the manner set forth in Section 13.31.090,billing. structures located in Phase 1 to public sewer facilities shall be three thousand dollars per ERU.Thereafter,the CFC amount for these structures shall be as established in Section 13.31.060G.,CFC schedule. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item # g S BRIEFING DATE: October 28, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Title VI of the Civil Rights Act Requirements BACKGROUND: Washington State Department of Transportation requires Public Works to submit a Title VI NDA Annual Accomplishment and Update 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 a new Chief Executive Officer and Public Works Director, the County Nondiscrimination Agreement has to be updated, along with the new USDOT Standard Title VI/Non-Discrimination Assurances document that is part of the agreement. RECOMMENDED ACTION: Recommend the Board authorize the Chair to sign the following Title VI of the Civil Rights Act related requirement 1. Updated Title VI Non-Discrimination Agreement and USDOT Standard Title VI/Non-Discrimination Assurances. 2. Annual Accomplishment and Update Report covering the reporting period from May 1, 2018 to April 30, 2019. Attachments: 1. Non-Discrimination Agreement— Attachment 1 and 2 2. Title VI/Non-Discrimination Assurances DOT Order No 1050.2A 3. Title VI Non-Discrimination Annual Update and Accomplishment Report Nondiscrimination Agreement Population Under 100,000 Washington State Department of Transportation and Mason County Policy Statement The Mason County,hereinafter referred to as the "Recipient" assures that no person shall on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987(P.L. 100.259)be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity.The Recipient further assures every effort will be made to ensure 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 Recipient distributes federal aid funds to a sub-recipient,the Recipient will include Title VI language in all written agreements and will monitor for compliance. The Recipient's Support Services Department is responsible for initiating and monitoring Title VI activities,preparing reports and other responsibilities as required by 23 Code of Federal Regulation(CFR)200 and 49 Code of Federal Regulation 21. Signature do Title Date Title VI Program Organization and Staffing Pursuant to 23 CFR 200, Mason County has designated a Title VI Coordinator who is responsible for Attachment 1, which describes the hierarchy for Mason County's Title VI Program, including an organization's chart illustrating the level and placement of Title VI responsibilities. April 2014 Page 1 Assurances 49 CFR Part 21.7 The Mason County,hereby gives assurances: 1. That no person shall on the grounds of race,color,national origin,and sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the recipient regardless of whether those programs and activities are federally funded or not.Activities and programs which the recipient hereby agrees to carry out in compliance with Title VI and related statutes include but are not limited to: • List all major Transportation programs and activities of the recipient and Title VI responsibilities for each one of them. Include information as Attachment 2 to this Nondiscrimination Agreement. 2. That it will promptly take any measures necessary to effectuate this agreement. 3. That each Transportation program, activity, and facility(i.e., lands change to roadways,park and ride lots, etc.)as defined at 49 CFR 21.23(b)and(e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be(with regard to a facility)operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to,this agreement. 4. That these assurances are given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts,property, discounts or other federal financial assistance extended after the date hereof to the recipient by the Washington State Department of Transportation(WSDOT) under the federally- funded program and is binding on it, other recipients, subgrantees, contractors, sub-contractors,transferees, successors in interest and other participants.The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient. 5. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all federally-funded programs and, in all proposals for negotiated agreements. The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. Page 2 April 2014 6. That the Recipient shall insert the clauses of Appendix 1 of this Agreement in every contract subject to the Act and the Regulations. 7. That the Recipient shall insert the clauses of Appendix 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures,or improvements thereon, or interest therein. 8. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this Agreement, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a)for the subsequent transfer of real property acquired or improved under a federal aid program; and(b) for the construction or use of or access to space on, over or under real property acquired, or improved under a federal aid program. 9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act,the Regulations, and this agreement. Implementation Procedures This agreement shall serve as the recipient's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1. Grants and loans of federal funds. 2. The grant or donation of federal property and interest in property. 3. The detail of federal personnel. 4. The sale and lease of,and the permission to use(on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient. 5. Any federal agreement, arrangement, or other contract which has as one of its purposes,the provision of assistance. The recipient shall: 1. Issue a policy statement, signed by the head of the recipient,which expresses its commitment to the nondiscrimination provisions of Title VI.The policy statement shall be circulated throughout the recipient's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by WSDOT or the United States Department of Transportation(USDOT)within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The head of the recipient shall be held responsible for implementing Title VI requirements. April 2014 Page 3 3. Designate a civil rights coordinator who has a responsible position in the organization and easy access to the head of the recipient.The civil rights coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. The civil rights coordinator shall adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color,national origin or sex,the nature of the complaint,the date the complaint was filed,the date the investigation was completed,the disposition,the date of the disposition, and other pertinent information.A copy of the complaint,together with a copy of the recipient's report of investigation,will be forwarded to WSDOT's Office of Equal Opportunity(OEO)within 10 days of the date the complaint was received by the recipient. 6. Collect statistical data(race, color, national origin, sex)of participants in, and beneficiaries of the Transportation programs and activities conducted by the recipient. 7. Conduct Title VI reviews of the recipient and sub-recipient contractor/consultant program areas and activities. Revise where applicable,policies,procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by WSDOT OEO. 9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year.This report is due one year from the date of approval of the Nondiscrimination Agreement and then annually on the same date. a. Annual Work Plan—Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion. b. Accomplishment Report—List major accomplishments made regarding Title VI activities. Include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Coordinator and program area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of any special reviews (internal or external)conducted by the Title VI Coordinator. List any major problem(s) identified and corrective action taken. Include a summary and status report on any Title VI complaints filed with the recipient. Page 4 April 2014 Discrimination Complaint Procedure 1. Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise,has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964,the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987,as amended, may file a complaint with the recipient.A complaint may also be filed by a representative on behalf of such a person.All complaints will be referred to the recipient's Title VI Coordinator for review and action. 2. In order to have the complaint consideration under this procedure,the complainant must file the complaint no later than 180 days after: a. The date of alleged act of discrimination; or b. Where there has been a continuing course of conduct,the date on which that conduct was discontinued. In either case,the recipient or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. 3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient,the person shall be interviewed by the Title VI Coordinator. If necessary,the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the recipient's investigative procedures. 4. Within 10 days,the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as WSDOT and USDOT. 5. The recipient will advise WSDOT within 10 days of receipt of the allegations. Generally,the following information will be included in every notification to WSDOT: a. Name, address,and phone number of the complainant. b. Name(s)and address(es)of alleged discriminating official(s). c. Basis of complaint(i.e., race,color, national origin,or sex) d. Date of alleged discriminatory act(s). e. Date of complaint received by the recipient. f. A statement of the complaint. g. Other agencies (state, local, or federal)where the complaint has been filed. h. An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint. April 2014 Page 5 6. Within 60 days,the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the head of the recipient. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. 7. Within 90 days of receipt of the complaint,the head of the recipient will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/ her appeal rights with WSDOT, or USDOT, if they are dissatisfied with the final decision rendered by the Recipient.The Title VI Coordinator will also provide WSDOT with a copy of this decision and summary of findings upon completion of the investigation. 8. Contacts for the different Title VI administrative jurisdictions areas follows: Washington State Department of Transportation Office of Equal Opportunity,Title VI Program PO Box 47314 Olympia, WA 98466 360-705-7098 Federal Highway Administration Washington Division Office 711 Capitol Way South, Suite 501 Olympia, WA 98501 360-534-9325 Page 6 April 2014 Sanctions In the event the recipient fails or refuses to comply with the terms of this agreement, WSDOT may take any or all of the following actions: I. Cancel,terminate,or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the recipient under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the recipient. 4. Refer the case to the Department of Justice for appropriate legal proceedings. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION: Signature Director of the Office of Equal Opportunity Title Date NAME OF RECIPIENT: Signature Title Date April 2014 Page 7 Appendix 1 During the performance of this contract,the contractor/consultant,for itself, its assignees and successors in interest(hereinafter referred to as the"contractor")agrees as follows: 1. Compliance With Regulations—The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of United States Department of Transportation(USDOT),Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination—The contractor,with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment—In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment,each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports—The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books, records, accounts, other sources of information,and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance—In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation,termination, or suspension of the contract, in whole or in part Page 8 April 2014 6. Incorporation of Provisions—The contractor shall include the provisions of paragraphs(1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.The contractor shall take such action with respect to any sub- contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction,the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition,the contractor may request the USDOT enter into such litigation to protect the interests of the United States. April 2014 Page 9 Appendix 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon,or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Washington will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code,the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,the Department of Transportation WSDOT(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d-4)does hereby remise, release,quitclaim, and convey unto the state of Washington all the right,title,and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Washington,and its successors forever, subject, however,to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Washington, its successors, and assigns. The state of Washington, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,that(1)no person shall on the grounds of race, color, sex or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on,over,or under such lands hereby conveyed(,)(and)* (2)that the state of Washington, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Non-Discrimination of Federally-Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended(,)and(3)that in the event of breach of any of the above mentioned nondiscrimination conditions,the department shall have a right to reenter said lands and facilities on said land,and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction. Page 10 April 2014 Appendix 3 The following clauses shall be included in all transportation related deeds, licenses, leases,permits,or similar instruments entered into by (Recipient)pursuant to the provisions of Assurance 8. The LESSEE, for himself or herself, his or her heirs,personal representatives, successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained,or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants,the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued. The following shall be included in all deeds, licenses, leases,permits,or similar agreements entered into by the Washington State Department of Transportation pursuant to the provisions of Assurance 8. The LESSEE, or himself or herself, his or her personal representatives, successors in interest, and assigns,as a part of the consideration hereof,does hereby covenant and agree as a covenant running with the land that(1) no person, on the grounds of race,color, sex, or national origin, shall be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination in the use of said facilities, (2)that in the construction of any improvements on, over or under such land and furnishing of services thereon,no person on the grounds of race, color, sex, and national origin shall be excluded from participation in, denied the benefits of,or otherwise be subjected to discrimination,(3)that the LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants,the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. April 2014 Page 11 ATTACHMENT 1 Mason County's Title VI Program Organizational Chart— Reporting Relationships County Commissioners Chair Chief Executive Officer Support Services Support Services Manager - -- Prosecutings Office HR/Risk Manager r Title VI Coordinator Attorneys Administrative Support to Complaint Investigation the Support Services Support Manager Public Works Director r Title VI Specialist I County Engineer Engineering& Construction Road Operations& Public Works Tech.Serv. Manager Maintenance aintenance Mana er Manager Office Administrator Transportation planning, Transportation Design & Transportation Maintenance Administrative Division Traffic Operations, Construction &Operations Assistant to the PW Director Environmental Services and Title VI Specialist Title VI Specialist and County Engineer Right of Way Title VI Specialist Title VI Specialist J . 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. TITLE VI COORDINATOR The County expert on the Title VI Program and Plan. Plays a lead and participatory role in the development and implementation of the FHWA Title VI Compliance Program countywide; ensuring compliance with provisions of the County's policy of non-discrimination and with the law, including the requirements of 23 CFR Part 200 and 49 CFR Part 21. Providing adequate training opportunities for applicable staff. 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 and County Engineer 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. Attachment 2 Major Transportation Programs & Activities and Title VI Responsibilities Mason County provides a range of transportation services including several ongoing programmatic programs, numerous Capital Projects, and coordination with State, City,Tribal, and other entities. At any given time, projects may include roadway and/or pedestrian/safety improvement projects; larger projects are often preceded by pre-design studies. Active projects can be viewed on the County webpage at http://www.co.mason.wa.us/public-works/projects/index.php and the current 6-year Transportation Improvement Plan (TIP)can be viewed on the County Public Works page under 2019 Annual Construction and 2019 6-Year Tip http://www.co.mason.wa.us/PublicWorks . Following is a brief summary of major transportation programs/projects. Major • . • Responsibility Guardrail Safety Improvement Projects • Portable changeable message boards were This included two capital projects CRP#2007 and 2008 funded by FHWA used during the project to provide through the Highway Safety Improvement Program. The projects evaluated information. the needs for improvement, replacement,and new guardrail on Bear Creek • The Engineering and Construction Manager Dewatto and Arcadia Road to keep traffic, bicycles,and pedestrians safer oversees the project and the engineers and when traveling and constructed those improvements. inspectors who work on the projects and verifies appropriate Title VI language and assurances are included in contracts/solicitations.. Belfair Sidewalk (New Sidewalk Construction) • This project was presented through outreach This project, CRP#2009,constructed new sidewalk on Old Belfair Highway by County Staff and the TIP-CAP during the Six- between the HUB Center for Seniors and SR 300/01d Belfair Year Transportation Improvement Program Highway/Clifton Ln intersection.The purpose of this capital project was to process. further continue to work toward connecting sidewalk from the downtown • Portable changeable message boards were Belfair area to resources for the community, in this case to the HUB Center used during the project to provide for Seniors and other businesses along the frontage of Old Belfair Highway. information. • The Engineering and Construction Manager oversees the project and the engineers and inspectors who work on the projects and verifies appropriate Title VI language and assurances are included in contracts/solicitations. Traffic Safety Improvements Program • Individual projects have outreach when This project was funded by FHWA through the HSIP program and includes appropriate and are project specific. data collection on all county roadways. Data collected includes horizontal and vertical curve data,shoulder slopes, photography, and other data that will be used to complete future safety plans. This plan will be used to help prioritize safety projects on a needs basis to improve safety for all of the Mason County community. Major • •rams/ Projects Title V1 Responsibility Annual Road Surface Maintenance Program • Portable changeable message boards were Mason County PW Annual Road Surface Maintenance Program (Pavement used during the project to provide Preservation)consists of contracted hot mix asphalt(HMA)overlays,and information. bituminous surface treatment(BST)application by county forces.The list of . Road lists are provided online each year candidate roads for these programs are generated by federal functional . Operations and Maintenance Managers and class, road rating data (pavement condition Index),visual inspection and and Supervisors oversee and inspect BST staff input.The Transportation Improvement Program-Citizen Advisory applications made by county forces. Panel(TIP-CAP)also reviews and advises on pavement preservation road * The Engineering and Construction Manager lists. HMA overlays and BST applications are made on collector roads to add structure or extend the life cycle of HMA. BST applications are also used to oversees the overlay project and the engineers preserve collectors and local access roads by sealing them to moisture and and inspectors who work on the projects adding a higher traction coefficient. verifies appropriate Title VI language and assurances are included in contracts/solicitations. Culvert Replacement Projects • County environmental staff and project Mason County culvert replacement projects are diverse fish barrier managers implement NEPA/SEPA processes as correction, lifecycle replacement, and flow control projects.They range applicable. widely in scope and scale and may be undertaken by county forces or by . Project managers work with local citizen solicited contractors. Fish barrier correction projects are typically vested groups, Lead Entities,and TIP-CAP to prioritize through collaboration with local salmon recovery organizations. Major projects,secure funding,and advance projects projects involving fish streams and relatively large culverts are evaluated to design. and prioritized based on criteria including physical condition and . Portable changeable message boards are used maintenance history,flood risk,salmon recovery Lead Entity prioritization, during the project to provide information to and benefit to fisheries.The individual large projects are reviewed by the the traveling public. TIP-CAP for evaluating inclusion and advising on prioritization within the • The Engineering and Construction Manager overall program. Smaller projects generally involve non-fish stream and oversees the project and the engineers and stormwater management cross culverts that are prioritized and replaced inspectors who work on the projects and programmatically based on lifecycle and flood risk reduction verifies appropriate Title VI language and considerations. assurances are included in contracts/solicitations. The United States Department of Transportation (USDOT)Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The Mason Couny(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, is subject to and will comply with the following: Statutory/Reitulatory 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 1 to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all the Federal-Aid Highway Progrms and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The Mason 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: 2 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 Mason county 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 Mason 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-Aid Highway Program.This ASSURANCE is binding on Washington State, 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. Chair 4do by Mason County Chair DATED 3 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 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. A 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 Mason County will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United State Code, the Regulations for the Administration of program, and the policies and procedures prescribed by the Washington State Department of Transportation 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 Mason 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 Mason County, its successors and assigns. The Mason 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 Mason 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 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 Mason 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 Mason Countywill 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 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.) C APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by 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 Vl.) D 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 i ANNUAL UPDATE AND ACCOMPLISHMENT REPORT For agencies under 100,000 Mason County, WA (Name of Recipient) November 5, 2019 (Report Submission Date) May 1, 2018 — April 30, 2019 (Reporting Period) As stipulated in this agency's Title VI Program Non-Discrimination Agreement, WSDOT"s approval letter to that agreement, and WSDOT's Highways and Local Programs Local Agency Guidelines Manual (Chapter 28), the annual accomplishment and update report for the reporting period reflected above is hereby submitted. Current Chief Executive Officer: • Name: Kevin Shutty • Title: Chair Planning or Public Works Director: • Name: Loretta Swanson • Title: Public Works Director Title VI Coordinator: • Name: Frank Pinter • Title: Support Services Director SUBMITTED: Signature Typed/Printed Name Title Date OEO: Annual Report Form(revised December 2009) Annual Update and Accomplishment Report Population Under 100,000 Reference: WSDOT's Local Agency Guidelines Manual, Chapter 28 1. Report any changes in the organizational structure since the last reporting period. (Example: New Title VI Coordinator, new planning or public works directors, etc). Chief Executive Officer is now Kevin Shutty(County Commissioner) and Jerry Hauth, Public Works Director, retired; Loretta Swanson was promoted to Public Works Director (New Organization Chart and NDA attached). • Report should identify the changes in the racial/gender composition of those persons involved in the transportation decision making, including planning and advisory staff. Changes in Organizational Structure since Last Reporting Period Name Gender/ Title Program Ethnicity Randy Neatherland Male/ Chair Elected to serves both the Commissioner Caucasian executive and the legislative duties —enacting and administers local ordinances. Approve budget and oversee spending. As Chair is the lead for presiding over board meetings and signs documents approved by all three Commissioners Kevin Shutty Male/ County Commissioner (See above) Chair Caucasian (Appointed as new Chair by Commission Jerry Hauth Male/ Public Works Director Responsible for all Department Retired Caucasian operations. Plans, organizes and directs public works activities. Responsible for public works bud ets and reporting. Loretta Swanson Female/ Public Works Director (See above) Promoted Caucasian John Huestis Male/ County Engineer Plans, organizes and directs the Resigned Caucasian engineering and road maintenance activities within Public Works including design, construction, inspection, surveying, right-of-way acquisition, environmental permitting, budgeting and reporting. Diane Sheesley Female/ County Engineer (See above) Caucasian Jennifer Beierle Female/ Finance Manager Chief Fiscal Officer for all funds Resigned Caucasian within the Public Works Department. Participates in all major program management decisions which have fiscal implications. OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Deborah Krumpols Female/ Finance Manager (See above) (Hired/Resigned) Caucasian Merrilee Kenyon Female/ Finance Manager (See above) (Promotion) Caucasian Aislyn Garner Female/ ER&R/Road Ops Division Lead for maintaining, (Hired) Caucasian Administrator tracking, researching, and reporting Equipment Rental and Revolving/ IT Fund data and providing customer service. Provides administrative support for Road Operations and ER&R. Charles Greninger Male/ Engineering Tech nvolved in traffic engineering such (Retired) Caucasian as traffic data collection relation, assessment of roadway pavement onditions, developing plans for intersection traffic flow, and data acquisition and report preparation for he County Road Administration Board. Tim Rhoades Male/ Engineering Tech III (See above) (Promoted) Caucasian Dale Fassio Male/ Teamster Operator Operates a variety of equipment (Retired) Caucasian and performs miscellaneous labor in support of construction, maintenance, or repair of county roads and shoulders, bridges, drainage systems, traffic and road signs, and engineering ro'ect George Cates Male/ Teamster Operator (See above) (Retired) Caucasian Rafael Olivas Male/Hispanic Teamster Operator (See above) (Hired) Shawn Parker Male/ Teamster Operator (See above) (Hired) Caucasian Tony Dickinson Male/ Teamster Operator (See above) (Resigned) Caucasian Jim Pharris Male/ Teamster Truck Driver Operates a variety of trucks and (Fired) Caucasian performs miscellaneous labor in support of construction, maintenance, or repair of county roads and shoulders, bridges, drainage systems, traffic and road signs, and engineering rojects. OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Brandon Anderson Male/ Teamster Truck Driver (See above) (Hired) Caucasian Dawn Dady Female/ Financial Analyst IV May 2018 (Hired) Caucasian Jonathan Peterson Male/ Engineer Responsible for all types of Public (Resigned) Caucasian Works projects from design conception through completion of construction. Jason Wells Male/ GIS Analyst Lead support position for (Resigned) Caucasian Geographic Information System (GIS) Division. Michael Leeberg Male/ Sign Shop Foreman Lead Fabricates, installs and (Promoted) Caucasian maintains road signs throughout county road system. • If no changes have been made, please indicate that accordingly. 2. Using the most current data available (through Census or Washington State Office of Financial Management), describe the demographics within your jurisdiction. Ica - -- Demographics: Population The estimated population on the United States Census Bureau, as of July 1, 2018, shows that Mason County's ,y population would be 65,507. This is an increase estimated at 7.9% since the last Census done April 1, 2010 that was ; 60,699. Male/Female ratio in Mason County is 52% Male(34,064)and 48% Female (31,443); with 5.3% of the population under 5-years of age, 19.4% under 18 and 22.8% 65 and over. Racial groups within the population are broke down into seven (7) groups, see chart below: OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Mason County Population ■White 52,405 ■Black or African Amer.655 4:Hispanic 6,550 ■Asian 655 ■Native Amer.3,275 i Native Hawiian and Pacific Islander 655 2 or more Races 2,620 1% 1% 4% 1% 1% The income and poverty in Mason County, data from the QuickFacts data off the Census website, shows a median household income (2013-2017)of$53,087 with 14.5% of the population below poverty. a. Describe any required Title VI activities and/or studies conducted that provided data relative to minority persons, neighborhoods, income levels, physical environment, and travel habits. There were no Title VI activities and or studies conducted during this report period. b. How was the information utilized or Title VI provisions and needs applied in each study or activity? Not applicable. 3. List any Public outreach activities during the reporting period such as, public announcements and/or communications for meetings, hearings, project notices. Include the following: a. How were special language needs assessed? List the special language needs assessments conducted. There were no special language assessments during this report period. b. What outreach efforts did you utilize to ensure that minority, women, low-income, and LEP population groups were provided equal opportunity to participate in those outreach activities. (Examples: provided materials in other languages, met with local social services agencies, advertised in a minority publication). Public Information regarding Public Works projects are approved at County Board Meetings. Agendas, notices and minutes of all meetings are available on the County website: www.co.mason.wa.us—Special accommodations for persons with disabilities or who use English as a second language that attend or sign up to speak at a meeting can be requested by contacting the County Clerk in advance of meetings. The Public Works County webpage provides information on active and upcoming project (Annual and Six-Year Transportation Improvement Program). The County Facebook page has doubled in followers in just one year, with 1,251 (last year was 625). OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 We have used the page to provide information on projects, road closures and other departmental impacts to the citizens of Mason County. Other outreach efforts include mailings, local news, radio stations, local newspaper, and portable changeable message boards or signs. Transportation Improvement Program-Citizen Advisory Panel (TIP-CAP) meets monthly and is open to the Community. TIP-CAP and Mason County Staff also hosted three public outreach forums (March 26, 2018 - Belfair, April 25, 2018 - Hoodsport and May 23, 2018—Shelton (flyers attached as Exhibit—A). These forums were held to gather community input on transportation project and improvement needs and ideas. April 12, 2019 County Engineer spoke at the Harstine Island Community Club, upon request of the club members,to discuss the upcoming Harstine Island Bridge parade and public works projects. The County has a link related to non-discrimination and the County's complaint process that can be found on the Public Works and the Human Resource webpages. This link can be found at the following link: www.co.mason.wa.us/public-works/title-VI c. List the special language services provided— note the professional language service provided including the name of the service, date provided, number of persons served, and any other relevant information. None d. List any costs incurred for translations and interpreters for each activity. No costs incurred during this reporting period. 4. List all the transportation related contracts (Federal and others)that were executed during the reporting period. (Please include construction, consultant agreements for planning, design, engineering, environmental, research, maintenance, etc.) • Include dollar value of each Contract Contract Dollar Value Contractor/Consultant Name or Type County Forces 2018 HMA OVERLAY $1,215.861.53 MILES RESOURCES CRP 1970 CONSTRUCTION $1,935,948.70 ROGNLIN'S, INC. MATLOCK BRADY CRP 2007/2008 SAFETY $509,303.84 PETERSON BROTHERS, INC. CRP 2009— CONSTRUCTION BELFAIR SIDEWALK $160,915.00 ROGNLIN'S, INC. 2019 ASPHALT MATERIAL ON GOING ALBINA ASPHALT EMULSION 2019 CHIP SEAL MATERIAL $145,837.35 GORDY BAGNELL TRUCKING 2019 CULVERT MATERIAL- MATERIAL $397,598.28 CONTECH SOLUTIONS, INC. FOOTING ONLY 530 SAFETY DATA DATA ONLY $126,548.00 IMS INFRASTRUCTURE, CONSULT. COLLECTION TASK 4 SKOK CONSULT $50,000.00 LANDAU ASSOCIATE, CONSULT. RESTORATION BEAR CRK CULTURAL $7,987.07 WILLAMETTE CULTURAL, DEWATTO RD RESOURCECONSULT. OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 • Other than advertising in your local legal publication, what outreach was made to DMWBE firms that a contracting opportunity existed within your agency? Mason County advertises publications in the local legal newspaper(Shelton-Mason County Journal), along with the Builders Exchange and Daily Journal of Commerce in Seattle. The County has a membership with MRSC, which provides the County with a database of registered businesses for small public works construction projects, consulting opportunities and contracting of goods and services. These rosters are advertised once a year to promote all business to register for project opportunities. • Identify the DMWBE contracts that were awarded and their dollar amount. 1. Safety Contract—CRP 2007/2008—DBE was TSD Flagging &Traffic Control — Goal 7% - Amount$36,000. 2. 2018 HMA—CRP 2012/2013— DBE- Dirt &Aggregate Interchange, Inc— Goal 8%-Amount: $94,900.00 (Exhibit B is Notice to Planholders with nondiscrimination requirements and required federal aid provisions) • Is there a Title VI Non-Discrimination statement included in all contracts and public notices? Yes, all contracts in the Public Works have a Title VI Non-Discrimination statement (COPY of statement in Public Works Contracts in Exhibit C) • How did your organization ensure that minority, women, and disadvantaged firms were provided equal opportunity to participate in the contracting arena? The County invites minorities,women and disadvantaged firms to register for one or more of the County's MRSC consultant, small works and vendor rosters that we use to advertise or select contractors, consultants and vendors for Public Works and other County projects. Larger projects are advertised on the Builders Exchange website, the Shelton-Mason County Journal and the Seattle Daily Journal of Commerce, which also ensure equal opportunity to all firms. 5. Summarize any transportation projects that identify potential impacts to minority and/or low- income Environmental Justice (EJ) populations (i.e., impacts such as displacements, increased noise, bisecting neighborhoods, et al). Note the following: • How impacts were minimized/mitigated. The projects completed in the reporting period did not have impacts such as displacement, increased noise, and/or bisecting neighborhoods; all projects have been improvements, repairs, or replacement of existing transportation infrastructures. Below is the EJ Population from the largest project during this reporting period, Matlock-Brady Road Realignment project(CRP 1970). OEO: Annual Report Form(12/09) Annual Update and Accomplishment Report Population Under 100,000 Low Incomepopulation -T-�= Minority population Also include a statement, if applicable, on projects that specifically benefit community cohesion such as: adding sidewalks, improving access to properties that improve access for EJ populations. CRP 2009 Belfair Sidewalk added sidewalk in the Belfair Community. 6. If Right of Way has been acquired for a transportation project, please describe: • Identify the number of minority, low-income, elderly and disabled persons affected. For CRP 1970, Matlock Brady construction project, there was one elderly property owner that we purchased right of way from. The property before Mason County purchased the ROW for the project was 127 acres. Mason County purchased 2.02 acres. • The efforts that were made to address Limited English Proficiency issues (including use and cost of translators, outreach efforts for each reported activity). N/A • Describe any concerns raised by minorities and women regarding appraisals, negotiations, relocation assistance, and payments. What actions were taken to resolve those issues? N/A 7. List and describe any Title VI related complaints, as a result of transportation activities and projects. Include: • What was the allegation or concern? No Title VI related complaints were received by Mason County during this reporting period. Mason County's Title VI Information, documents, complaint form and instructions can be found on line at: http://www.co.mason.wa.us/public-works/title- VI.php and a link is present on the County Human Resources webpage The Title VI Coordinator handles all complaints, within the Support Services Department, in consultation with the County's WSDOT EEO investigator and Prosecuting Attorney's Office for complains against the Mason County Public Works Department, that include federal funding. • Procedures used: N/A • Action taken: N/A • Resolution: N/A OEO: Annual Report Form(12/09) Exhibit A TIP-CAP Community Outreach Forum Date and Time: Monday, March 26, 7:00 PM Place:The HUB Center for Seniors(111 NE Old Belfair Hwy) The North Mason Community Voice and the North Mason Chamber of Commerce are hosting a Transportation Improvement Project Citizen Advisory Panel (TIP-CAP) community outreach forum.They hope to gather public input on county projects, safety issues and general transportation needs in Belfair and Mason County.Your input will help prioritize their projects. Public involvement is vital to their mission, and TIP-CAP members, as well as our county commissioner and Public Works representatives,will be attending to hear from YOU. The HUB Center for Seniors INe want to ,� x hear from Do you have an i a transportation C41 1W, -� a aotl"sport t►mbertanil racy �- � � project? TIP-CAP COMMUNITY OUTREACH Do you know of a FORUM transportation proble . Mason - that needs fixing? created . citizen advisory panel (TIP-CAP) to gather community • on transportation projects an• needs. Join us to learn more and share Visit • tip- yourAmww • • • improvement cap/index ideas. oretta Swanson Wednesday, April 25, 2018 360.427.9670 x 76 6:00 - 7:00 PMfore *... .� r Hoodsport Timberland library - - �' 40 N Schoolhouse Hill Rd _. ave Smith � '360.427.9670 x 523 , l t � Jr TIP-CAP COMMUNITY OUTREACH ' FORUM • « !-s Mason County Commissioners www.co.mason.wa.us/ac/ created a citizen advisory tip-cap/community- panel (TIP-CAP) to outreach.php gather community input on transportation projects and needs. A �..' v . • , ! Join us to learn more and share your transportation improvement www.co.mason.wams/ac/ ideas. ti ca p/�index p- tote as Zo.mason.wams Mason • Skookum Room • • dnsmith@co.mason.wams Exhibit B 1 The Federal wage rates incorporated in this contract have been established by the 2 Secretary of Labor under United States Department of Labor General Decision No. 3 WA180001. 4 5 The State rates incorporated in this contract are applicable to all construction 6 activities associated with this contract. 7 8 Requirements for Nondiscrimination 9 10 Section 1-07.11 is supplemented with the following: 11 12 (April 2, 2018) 13 Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive 14 Order 11246) 15 16 1. The Contractor's attention is called to the Equal Opportunity Clause and the 17 Standard Federal Equal Employment Opportunity Construction Contract 18 Specifications set forth herein. 19 20 2. The goals and timetables for minority and female participation set by the Office of 21 Federal Contract Compliance Programs, expressed in percentage terms for the 22 Contractor's aggregate work force in each construction craft and in each trade on 23 all construction work in the covered area, are as follows: 24 25 Women - Statewide 26 27 Timetable Goal 28 29 Until further notice 6.9% 30 Minorities - by Standard Metropolitan Statistical Area (SMSA) 31 32 Spokane, WA: 33 SMSA Counties: 34 Spokane, WA 2.8 35 WA Spokane. 36 Non-SMSA Counties 3.0 37 WA Adams; WA Asotin, WA Columbia, WA Ferry, WA Garfield; WA 38 Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. 39 40 Richland, WA 41 SMSA Counties: 42 Richland Kennewick, WA 5.4 43 WA Benton; WA Franklin. 44 Non-SMSA Counties 3.6 45 WA Walla Walla, 46 2018 MASON COUNTY OVERLAY 20 1 Yakima, WA: 2 SMSA Counties: 3 Yakima, WA 9.7 4 WA Yakima. 5 Non-SMSA Counties 7.2 6 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. 7 8 Seattle, WA: 9 SMSA Counties: 10 Seattle Everett, WA 7.2 11 WA King; WA Snohomish. 12 Tacoma, WA 6.2 13 WA Pierce. 14 Non-SMSA Counties 6.1 15 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; 16 WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA 17 Thurston; WA Whatcom. 18 19 Portland, OR: 20 SMSA Counties: 21 Portland, OR-WA 4.5 22 WA Clark. 23 Non-SMSA Counties 3.8 24 WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. 25 26 These goals are applicable to each nonexempt Contractor's total on-site 27 construction workforce, regardless of whether or not part of that workforce is 28 performing work on a Federal, or federally assisted project, contract, or subcontract 29 until further notice. Compliance with these goals and time tables is enforced by the 30 Office of Federal Contract compliance Programs. 31 32 The Contractor's compliance with the Executive Order and the regulations in 41 33 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity 34 Clause, specific affirmative action obligations required by the specifications set 35 forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority 36 and female employment and training must be substantially uniform throughout the 37 length of the contract, in each construction craft and in each trade, and the 38 Contractor shall make a good faith effort to employ minorities and women evenly on 39 each of its projects. The transfer of minority or female employees or trainees from 40 Contractor to Contractor or from project to project for the sole purpose of meeting 41 the Contractor's goal shall be a violation of the contract, the Executive Order and 42 the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured 43 against the total work hours performed. 44 45 3. The Contractor shall provide written notification to the Office of Federal Contract 46 Compliance Programs (OFCCP) within 10 working days of award of any 47 construction subcontract in excess of$10,000 or more that are Federally funded, at 48 any tier for construction work under the contract resulting from this solicitation. The 49 notification shall list the name, address and telephone number of the 50 Subcontractor; employer identification number of the Subcontractor; estimated 51 dollar amount of the subcontract; estimated starting and completion dates of the 2018 MASON COUNTY OVERLAY 21 1 subcontract; and the geographical area in which the contract is to be performed. 2 The notification shall be sent to: 3 4 U.S. Department of Labor 5 Office of Federal Contract Compliance Programs Pacific Region 6 Attn: Regional Director 7 San Francisco Federal Building 8 90-7 1h Street, Suite 18-300 9 San Francisco, CA 94103(415) 625-7800 Phone 10 (415) 625-7799 Fax 11 12 Additional information may be found at the U.S. Department of Labor website: 13 littps://www dol qov/ofccp/reqs/compliance/preaward/cnstnote.htni 14 15 4. As used in this Notice, and in the contract resulting from this solicitation, the 16 Covered Area is as designated herein. 17 18 Standard Federal Equal Employment Opportunity Construction Contract Specifications 19 (Executive Order 11246) 20 21 1. As used in these specifications: 22 23 a. Covered Area means the geographical area described in the solicitation 24 from which this contract resulted; 25 26 b. Director means Director, Office of Federal Contract Ccmpliance Programs, 27 United States Department of Labor, or any person to whom the Director 28 delegates authority; 29 30 c. Employer Identification Number means the Federal Social Security 31 number used on the Employer's Quarterly Federal Tax Return, U. S. 32 Treasury Department Form 941; 33 34 d. Minority includes: 35 36 (1) Black, a person having origins in any of the Black Racial Groups 37 of Africa. 38 39 (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person 40 of Mexican, Puerto Rican, Cuban, Central American. South 41 American, or other Spanish origin. 42 43 (3) Asian or Pacific Islander, a person having origins in any of the 44 original peoples of the Pacific rim or the Pacific Islands, the 45 Hawaiian Islands and Samoa. 46 47 (4) American Indian or Alaskan Native, a person having origins in 48 any of the original peoples of North America, and who maintain 49 cultural identification through tribal affiliation or community 50 recognition. 51 2018 MASON COUNTY OVERLAY 22 1 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion 2 of the work involving any construction trade, it shall physically include in each 3 subcontract in excess of $10,000 the provisions of these specifications and the 4 Notice which contains the applicable goals for minority and female participation and 5 which is set forth in the solicitations from which this contract resulted. 6 7 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan 8 approved by the U.S. Department of Labor in the covered area either individually 9 or through an association, its affirmative action obligations on all work in the Plan 10 area (including goals and timetables) shall be in accordance with that Plan for 11 those trades which have unions participating in the Plan. Contractors must be able 12 to demonstrate their participation in and compliance with the provisions of any such 13 Hometown Plan. Each Contractor or Subcontractor participating in an approved 14 Plan is individually required to comply with its obligations under the EEO clause, 15 and to make a good faith effort to achieve each goal under the Plan in each trade in 16 which it has employees. The overall good faith performance by other Contractors 17 or Subcontractors toward a goal in an approved Plan does not excuse any covered 18 Contractor's or Subcontractor's failure to take good faith effort to achieve the Plan 19 goals and timetables. 20 21 4. The Contractor shall implement the specific affirmative action standards provided in 22 paragraphs 7a through 7p of this Special Provision. The goals set forth in the 23 solicitation from which this contract resulted are expressed as percentages of the 24 total hours of employment and training of minority and female utilization the 25 Contractor should reasonably be able to achieve in each construction trade in 26 which it has employees in the covered area. Covered construction contractors 27 performing construction work in geographical areas where they do not have a 28 Federal or federally assisted construction contract shall apply the minority and 29 female goals established for the geographical area where the work is being 30 performed. The Contractor is expected to make substantially uniform progress in 31 meeting its goals in each craft during the period specified. 32 33 5. Neither the provisions of any collective bargaining agreement, nor the failure by a 34 union with whom the Contractor has a collective bargaining agreement, to refer 35 either minorities or women shall excuse the Contractor's obligations under these 36 specifications, Executive Order 11246, or the regulations promulgated pursuant 37 thereto. 38 39 6. In order for the nonworking training hours of apprentices and trainees to be counted 40 in meeting the goals, such apprentices and trainees must be employed by the 41 Contractor during the training period, and the Contractor must have made a 42 commitment to employ the apprentices and trainees at the completion of their 43 training, subject to the availability of employment opportunities. Trainees must be 44 trained pursuant to training programs approved by the U.S. Department of Labor. 45 46 7. The Contractor shall take specific affirmative actions to ensure equal employment 47 opportunity. The evaluation of the Contractor's compliance with these 48 specifications shall be based upon its effort to achieve maximum results from its 49 action. The Contractor shall document these efforts fully, and shall implement 50 affirmative action steps at least as extensive as the following: 51 2018 MASON COUNTY OVERLAY 23 1 a. Ensure and maintain a working environment free of harassment, 2 intimidation, and coercion at all sites, and in all facilities at which the 3 Contractor's employees are assigned to work. The Contractor, where 4 possible, will assign two or more women to each construction project. The 5 Contractor shall specifically ensure that all foremen, superintendents, and 6 other on-site supervisory personnel are aware of and carry out the 7 Contractor's obligation to maintain such a working environment, with 8 specific attention to minority or female individuals working at such sites or 9 in such facilities. 10 11 b. Establish and maintain a current list of minority and female recruitment 12 sources, provide written notification to minority and female recruitment 13 sources and to community organizations when the Contractor or its unions 14 have employment opportunities available, and maintain a record of the 15 organizations' responses. 16 17 c. Maintain a current file of the names, addresses and telephone numbers of 18 each minority and female off-the-street applicant and minority or female 19 referral from a union, a recruitment source or community organization and 20 of what action was taken with respect to each such individual. If such 21 individual was sent to the union hiring hall for referral and was not referred 22 back to the Contractor by the union or, if referred, not employed by the 23 Contractor, this shall be documented in the file with the reason therefor, 24 along with whatever additional actions the Contractor may have taken. 25 26 d. Provide immediate written notification to the Director when the union or 27 unions with which the Contractor has a collective bargaining agreement 28 has not referred to the Contractor a minority person or woman sent by the 29 Contractor, or when the Contractor has other information that the union 30 referral process has impeded the Contractor's efforts to meet its 31 obligations. 32 33 e. Develop on-the-job training opportunity and/or participate in training 34 programs for the area which expressly include minorities and women, 35 including upgrading programs and apprenticeship and trainee programs 36 relevant to the Contractor's employment needs, especially those programs 37 funded or approved by the U.S. Department of Labor. The Contractor 38 shall provide notice of these programs to the sources compiled under 7b 39 above. 40 41 f. Disseminate the Contractor's EEO policy by providing notice of the policy 42 to unions and training programs and requesting their cooperation in 43 assisting the Contractor in meeting its EEO obligations; by including it in 44 any policy manual and collective bargaining agreement; by publicizing it in 45 the company newspaper, annual report, etc.; by specific review of the 46 policy with all management personnel and with all minority and female 47 employees at least once a year; and by posting the company EEO policy 48 on bulletin boards accessible to all employees at each location where 49 construction work is performed. 50 51 g. Review, at least annually, the company's EEO policy and affirmative action 52 obligations under these specifications with all employees having any 2018 MASON COUNTY OVERLAY 24 1 responsibility for hiring, assignment, layoff, termination or other 2 employment decisions including specific review of these items with on-site 3 supervisory personnel such as Superintendents, General Foremen, etc., 4 prior to the initiation of construction work at any job site. A written record 5 shall be made and maintained identifying the time and place of these 6 meetings, persons attending, subject matter discussed, and disposition of 7 the subject matter. 8 9 h. Disseminate the Contractor's EEO policy externally by including it in any 10 advertising in the news media, specifically including minority and female 11 news media, and providing written notification to and discussing the 12 Contractor's EEO policy with other Contractors and Subcontractors with 13 whom the Contractor does or anticipates doing business. 14 15 i. Direct its recruitment efforts, both oral and written to minority, female and 16 community organizations, to schools with minority and female students 17 and to minority and female recruitment and training organizations serving 18 the Contractor's recruitment area and employment needs. Not later than 19 one month prior to the date for the acceptance of applications for 20 apprenticeship or other training by any recruitment source, the Contractor 21 shall send written notification to organizations such as the above, 22 describing the openings, screening procedures, and tests to be used in 23 the selection process. 24 25 j. Encourage present minority and female employees to recruit other 26 minority persons and women and where reasonable, provide after school, 27 summer and vacation employment to minority and female youth both on 28 the site and in other areas of a Contractor's work force. 29 30 k. Validate all tests and other selection requirements where there is an 31 obligation to do so under 41 CFR Part 60-3. 32 33 I. Conduct, at least annually, an inventory and evaluation of all minority and 34 female personnel for promotional opportunities and encourage these 35 employees to seek or to prepare for, through appropriate training, etc., 36 such opportunities. 37 38 m. Ensure that seniority practices, job classifications, work assignments and 39 other personnel practices, do not have a discriminatory effect by 40 continually monitoring all personnel and employment related activities to 41 ensure that the EEO policy and the Contractor's obligations under these 42 specifications are being carried out. 43 44 n. Ensure that all facilities and company activities are nonsegregated except 45 that separate or single-user toilet and necessary changing facilities shall 46 be provided to assure privacy between the sexes. 47 48 o. Document and maintain a record of all solicitations of offers for 49 subcontracts from minority and female construction contractors and 50 suppliers, including circulation of solicitations to minority and female 51 contractor associations and other business associations. 52 2018 MASON COUNTY OVERLAY 26 1 p. Conduct a review, at least annually, of all supervisors' adherence to and 2 performance under the Contractor's EEO policies and affirmative action 3 obligations. 4 5 8. Contractors are encouraged to participate in voluntary associations which assist in 6 fulfilling one or more of their affirmative action obligations (7a through 7p). The 7 efforts of a contractor association, joint contractor-union, contractor-community, or 8 other similar group of which the Contractor is a member and participant, may be 9 asserted as fulfilling any one or more of the obligations under 7a through 7p of this 10 Special Provision provided that the Contractor actively participates in the group, 11 makes every effort to assure that the group has a positive impact on the 12 employment of minorities and women in the industry, ensure that the concrete 13 benefits of the program are reflected in the Contractor's minority and female work- 14 force participation, makes a good faith effort to meet its individual goals and 15 timetables, and can provide access to documentation which demonstrate the 16 effectiveness of actions taken on behalf of the Contractor. The obligation to 17 comply, however, is the Contractor's and failure of such a group to fulfill an 18 obligation shall not be a defense for the Contractor's noncompliance. 19 20 9. A single goal for minorities and a separate single goal for women have been 21 established. The Contractor, however, is required to provide equal employment 22 opportunity and to take affirmative action for all minority groups, both male and 23 female, and all women, both minority and non-minority. Consequently, the 24 Contractor may be in violation of the Executive Order if a particular group is 25 employed in substantially disparate manner (for example, even though the 26 Contractor has achieved its goals for women generally, the Contractor may be in 27 violation of the Executive Order if a specific minority group of women is 28 underutilized). 29 30 10. The Contractor shall not use the goals and timetables or affirmative action 31 standards to discriminate against any person because of race, color, religion, sex, 32 or national origin. 33 34 11. The Contractor shall not enter into any subcontract with any person or firm 35 debarred from Government contracts pursuant to Executive Order 11246. 36 37 12. The Contractor shall carry out such sanctions and penalties for violation of these 38 specifications and of the Equal Opportunity Clause, including suspensions, 39 terminations and cancellations of existing subcontracts as may be imposed or 40 ordered pursuant to Executive Order 11246, as amended, and its implementing 41 regulations by the Office of Federal Contract Compliance Programs. Any 42 Contractor who fails to carry out such sanctions and penalties shall be in violation 43 of these specifications and Executive Order 11246, as amended. 44 45 13. The Contractor, in fulfilling its obligations under these specifications, shall 46 implement specific affirmative action steps, at least as extensive as those 47 standards prescribed in paragraph 7 of this Special Provision, so as to achieve 48 maximum results from its efforts to ensure equal employment opportunity. If the 49 Contractor fails to comply with the requirements of the Executive Order, the 50 implementing regulations, or these specifications, the Director shall proceed in 51 accordance with 41 CFR 60-4.8. 52 2018 MASON COUNTY OVERLAY 26 1 14. The Contractor shall designate a responsible official to monitor all employment 2 related activity to ensure that the company EEO policy is being carried out, to 3 submit reports relating to the provisions hereof as may be required by the 4 government and to keep records. Records shall at least include, for each 5 employee, their name, address, telephone numbers, construction trade, union 6 affiliation if any, employee identification number when assigned, social security 7 number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), 8 dates of changes in status, hours worked per week in the indicated trade, rate of 9 pay, and locations at which the work was performed. Records shall be maintained 10 in an easily understandable and retrievable form; however, to the degree that 11 existing records satisfy this requirement, the Contractors will not be required to 12 maintain separate records. 13 14 15. Nothing herein provided shall be construed as a limitation upon the application of 15 other laws which establish different standards of compliance or upon the 16 application of requirements for the hiring of local or other area residents (e.g., those 17 under the Public Works Employment Act of 1977 and the Community Development 18 Block Grant Program). 19 20 16. Additional assistance for Federal Construction Contractors on contracts 21 administered by Washington State Department of Transportation or by Local 22 Agencies may be found at: 23 24 Washington State Dept. of Transportation 25 Office of Equal Opportunity 26 PO Box 47314 27 310 Maple Park Ave. SE 28 Olympia WA 29 98504-7314 30 Ph: 360-705-7090 31 Fax: 360-705-6801 32 hftp://www.wsdot.wa.gov/equalopportunity/default.htm 33 34 (April 3, 2018) 35 Disadvantaged Business Enterprise Participation 36 The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and 37 USDOT's official interpretations (i.e., Questions & Answers) apply to this Contract. 38 Demonstrating compliance with these Specifications is a Condition of Award (COA) of 39 this Contract. Failure to comply with the requirements of this Specification may result in 40 your Bid being found to be nonresponsive resulting in rejection or other sanctions as 41 provided by Contract. 42 43 DBE Abbreviations and Definitions 44 Broker — A business firm that provides a bona fide service, such as 45 professional, technical, consultant or managerial services and assistance in 46 the procurement of essential personnel, facilities, equipment, materials, or 47 supplies required for the performance of the Contract; or, persons/companies 48 who arrange or expedite transactions. 49 50 Certified Business Description — Specific descriptions of work the DBE is 51 certified to perform, as identified in the Certified Firm Directory, under the 52 Vendor Information page. 2018 MASON COUNTY OVERLAY 27 1 2 Certified Firm Directory — A database of all Minority, Women, and 3 Disadvantaged Business Enterprises, including those identified as a UDBE, 4 currently certified by Washington State. The on-line Directory is available to 5 Contractors for their use in identifying and soliciting interest from DBE firms. 6 The database is located under the Firm Certification section of the Diversity 7 Management and Compliance System web page at: 8 https://omwbe.diversitycompliance.com. 9 10 Commercially Useful Function (CUF) — 49 CFR 26.55(c)(1) defines 11 commercially useful function as: "A DBE performs a commercially useful 12 function when it is responsible for execution of the work of the contract and is 13 carrying out its responsibilities by actually performing, managing, and 14 supervising the work involved. To perform a commercially useful function, the 15 DBE must also be responsible, with respect to materials and supplies used on 16 the contract, for negotiating price, determining quality and quantity, ordering 17 the material, and installing (where applicable) and paying for the material itself. 18 To determine whether a DBE is performing a commercially useful function, you 19 must evaluate the amount of work subcontracted, industry practices, whether 20 the amount the firm is to be paid under the contract is commensurate with the 21 work it is actually performing and the DBE credit claimed for its performance of 22 the work, and other relevant factors." 23 24 Contract— For this Special Provision only, this definition supplements Section 25 1-01.3. 49 CFR 26.5 defines contract as: "... a legally binding relationship 26 obligating a seller to furnish supplies or services (including, but not limited to, 27 construction and professional services) and the buyer to pay for them. For 28 purposes of this part, a lease is considered to be a contract." 29 30 Disadvantaged Business Enterprise (DBE) —A business firm certified by the 31 Washington State Office of Minority and Women's Business Enterprises, as 32 meeting the criteria outlined in 49 CFR 26 regarding DBE certification. A 33 Underutilized Disadvantaged Business Enterprise (UDBE) firm is a subset of 34 DBE. 35 36 Force Account Work — Work measured and paid in accordance with Section 37 1-09.6. 38 39 Good Faith Efforts — Efforts to achieve the UDBE COA Goal or other 40 requirements of this part which, by their scope, intensity, and appropriateness 41 to the objective, can reasonably be expected to fulfill the program requirement. 42 43 Manufacturer (DBE) — A DBE firm that operates or maintains a factory or 44 establishment that produces on the premises the materials, supplies, articles, 45 or equipment required under the Contract. A DBE Manufacturer shall produce 46 finished goods or products from raw or unfinished material or purchase and 47 substantially alters goods and materials to make them suitable for construction 48 use before reselling them. 49 50 Regular Dealer (DBE) —A DBE firm that owns, operates, or maintains a store, 51 warehouse, or other establishment in which the materials or supplies required 52 for the performance of a Contract are bought, kept in stock, and regularly sold 2018 MASON COUNTY OVERLAY 28 1 to the public in the usual course of business. To be a Regular Dealer, the DBE 2 firm must be an established regular business that engages in as its principal 3 business and in its own name the purchase and sale of the products in 4 question. A Regular Dealer in such items as steel, cement, gravel, stone, and 5 petroleum products need not own, operate or maintain a place of business if it 6 both owns and operates distribution equipment for the products. Any 7 supplementing of regular dealers' own distribution equipment shall be by long- 8 term formal lease agreements and not on an ad-hoc basis. Brokers, 9 packagers, manufacturers' representatives, or other persons who arrange or 10 expedite transactions shall not be regarded as Regular Dealers within the 11 meaning of this definition. 12 13 Underutilized Disadvantaged Business Enterprise (UDBE) — A DBE Firm 14 that is underutilized based on WSDOT's Disparity Study.All UDBEs are DBEs. 15 16 UDBE Commitment—The dollar amount the Contractor indicates they will be 17 subcontracting to be applied towards the UDBE Condition of Award Goal as 18 shown on the UDBE Utilization Certification Form for each UDBE 19 Subcontractor. This UDBE Commitment amount will be incorporated into the 20 Contract and shall be considered a Contract requirement.Any changes to the 21 UDBE Commitment require the Engineer's approval. 22 23 UDBE Condition of Award (COA) Goal — An assigned numerical amount 24 specified as a percentage of the Contract. Initially, this is the minimum amount 25 that the Bidder must commit to by submission of the Utilization Certification 26 Form and/or by Good Faith Effort (GFE). This is also the minimum required 27 amount of UDBE participation specified as a percentage of the final Contract 28 amount inclusive of all change orders. 29 30 UDBE COA Goal 31 The Contracting Agency has established a UDBE COA Goal for this Contract in the 32 amount of: ***8% *** 33 34 DBE Eligibility/Selection of DBEs 35 In order to determine the distinct element(s) of work for which a DBE is certified, 36 Contractors should refer to the Certified Business Description. The Contractor shall 37 not use NAICS codes on the UDBE Utilization Certification. 38 39 Crediting DBE Participation 40 Subcontractors proposed as COA must be certified prior to the due date for bids on 41 the Contract. All non-COA DBE Subcontractors shall be certified before the 42 subcontract on which they are participating is executed. 43 44 Be advised that although a firm is listed in the Certified Firm Directory, there are 45 cases where the listed firm is in a temporary suspension status. The Contractor 46 shall review the OMWBE Suspended DBE Firms list. A DBE firm that is included 47 on this list may not enter into new contracts that count towards participation. 48 49 DBE participation is only credited upon payment to the DBE. 50 51 The following are some definitions of what may be counted as DBE participation. 52 2018 MASON COUNTY OVERLAY 29 1 DBE Prime Contractor 2 Only take credit for that portion of the total dollar value of the Contract equal to 3 the distinct, clearly defined portion of the Work that the DBE Prime Contractor 4 performs with its own forces and is certified to perform. 5 6 DBE Subcontractor 7 Only take credit for that portion of the total dollar value of the subcontract that 8 is equal to the distinct, clearly defined portion of the Work that the DBE 9 performs with its own forces. The value of work performed by the DBE includes 10 the cost of supplies and materials purchased by the DBE and equipment 11 leased by the DBE, for its work on the contract. Supplies, materials or 12 equipment obtained by a DBE that are not utilized or incorporated in the 13 contract work by the DBE will not be eligible for DBE credit. 14 15 The supplies, materials, and equipment purchased or leased from the 16 Contractor or its affiliate, including any Contractor's resources available to 17 DBE subcontractors at no cost, shall not be credited. 18 19 DBE credit will not be given in instances where the equipment lease includes 20 the operator. The DBE is expected to operate the equipment used in the 21 performance of its work under the contract with its own forces. Situations 22 where equipment is leased and used by the DBE, but payment is deducted 23 from the Contractor's payment to the DBE is not allowed. 24 25 When the subcontractor is part of a UDBE Commitment, the following apply: 26 27 1. If a UDBE subcontracts a portion of the Work of its contract to another 28 firm, the value of the subcontracted Work may be counted toward the 29 UDBE COA Goal only if the Lower-Tier Subcontractor is also a UDBE. 30 31 2. Work subcontracted to a Lower-Tier Subcontractor that is a DBE, but 32 not a UDBE, may be counted as DBE race-neutral participation but not 33 counted toward the UDBE COA Goal. 34 35 3. Work subcontracted to a non-DBE does not count towards the UDBE 36 COA Goal nor DBE participation. 37 38 DBE Subcontract and Lower Tier Subcontract Documents 39 There must be a subcontract agreement that complies with 49 CFR Part 26 40 and fully describes the distinct elements of Work committed to be performed by 41 the DBE. The subcontract agreement shall incorporate requirements of the 42 primary Contract. Subcontract agreements of all tiers, including lease 43 agreements shall be readily available at the project site for the Engineer's 44 review. 45 46 DBE Service Provider 47 The value of fees or commissions charged by a DBE Broker, a DBE behaving 48 in a manner of a Broker, or another service provider for providing a bona fide 49 service, such as professional, technical, consultant, managerial services, or for 50 providing bonds or insurance specifically required for the performance of the 51 contract will only be credited as DBE participation, if the fee/commission is 2018 MASON COUNTY OVERLAY 30 1 determined by the Contracting Agency to be reasonable and the firm has 2 performed a CUF. 3 4 Force Account Work 5 When the Contractor elects to utilize force account Work to meet the UDBE 6 COA Goal, as demonstrated by listing this force account Work on the UDBE 7 Utilization Certification Form, for the purposes of meeting UDBE COA Goal, 8 only 50% of the Proposal amount shall be credited toward the Contractors 9 Commitment to meet the UDBE COA Goal. 10 11 One hundred percent of the actual amounts paid to the DBE for the force 12 account Work shall be credited towards UDBE COA Goal or DBE participation. 13 14 Temporary Traffic Control 15 If the DBE firm is being utilized in the capacity of only "Flagging", the DBE firm 16 must provide a Traffic Control Supervisor (TCS) and flagger, which are under 17 the direct control of the DBE. The DBE firm shall also provide all flagging 18 equipment (e.g. paddles, hard hats, and vests). 19 20 If the DBE firm is being utilized in the capacity of"Traffic Control Services", the 21 DBE firm must provide a TCS, flaggers, and traffic control items (e.g., cones, 22 barrels, signs, etc.) and be in total control of all items in implementing the 23 traffic control for the project. In addition, if the DBE firm utilizes the 24 Contractor's equipment, such as Transportable Attenuators and Portable 25 Changeable Message Signs (PCMS) no DBE credit can be taken for supplying 26 and operating the items. 27 28 Trucking 29 DBE trucking firm participation may only be credited as DBE participation for 30 the value of the hauling services, not for the materials being hauled unless the 31 trucking firm is also certified as a supplier. In situations where the DBE's work 32 is priced per ton, the value of the hauling service must be calculated 33 separately from the value of the materials in order to determine DBE credit for 34 hauling 35 36 The DBE trucking firm must own and operate at least one licensed, insured 37 and operational truck on the contract. The truck must be of the type that is 38 necessary to perform the hauling duties required under the contract. The DBE 39 receives credit for the value of the transportation services it provides on the 40 Contract using trucks it owns or leases, licenses, insures, and operates with 41 drivers it employs. 42 43 The DBE may lease additional trucks from another DBE firm. 44 45 The trucking Work subcontracted to any non-DBE trucking firm will not receive 46 credit for Work done on the project. The DBE may lease trucks from a non- 47 DBE truck leasing company, but can only receive credit towards DBE 48 participation if the DBE uses its own employees as drivers. 49 50 DBE credit for a truck broker is limited to the fee/commission that the DBE 51 receives for arranging transportation services. 52 2018 MASON COUNTY OVERLAY 31 1 Truck registration and lease agreements shall be readily available at the 2 project site for the Engineer review. 3 4 When Trucking is a UDBE Commitment, the following apply: 5 6 1. If the trucking firm is a UDBE, participation may count towards the 7 UDBE COA Goal. 8 9 2. The Work that a UDBE trucking firm performs with trucks it leases 10 from other certified UDBE trucking firms qualify for 100% credit 11 towards the UDBE COA Goal. 12 13 3. The UDBE may lease trucks from a non-UDBE truck leasing 14 company, but can only receive credit towards UDBE participation if 15 the UDBE uses its own employees as drivers. 16 17 DBE Manufacturer and DBE Regular Dealer 18 One hundred percent (100%) of the cost of the manufactured product obtained 19 from a DBE manufacturer can count as DBE participation. If the DBE 20 manufacturer is a UDBE, participation may count towards the UDBE COA 21 Goal. 22 23 Sixty percent (60%) of the cost of materials or supplies purchased from a DBE 24 Regular Dealer may be credited as DBE Participation. If the role of the DBE 25 Regular Dealer is determined to be that of a pass-through, then no DBE credit 26 will be given for its services. If the role of the DBE Regular Dealer is 27 determined to be that of a Broker, then DBE credit shall be limited to the fee or 28 commission it receives for its services. Regular Dealer status and the amount 29 of credit is determined on a Contract-by-Contract basis. If the DBE regular 30 dealer is a UDBE, participation may count towards the UDBE COA Goal. 31 32 Regular Dealer DBE firms, including UDBEs must be approved before being 33 used on a project. The WSDOT Approved Regular Dealer list published on 34 WSDOT's Office of Equal Opportunity (OEO) web site must include the 35 specific project for which approval is being requested. For purposes of the 36 UDBE COA Goal participation, the Regular Dealer must submit the Regular 37 Dealer Status Request form a minimum of five days prior to bid opening. 38 39 Purchase of materials or supplies from a DBE which is neither a manufacturer 40 nor a regular dealer, (i.e. Broker) only the fees or commissions charged for 41 assistance in the procurement of the materials and supplies, or fees or 42 transportation charges for the delivery of materials or supplies required on a 43 job site, can count as DBE participation provided the fees are not excessive as 44 compared with fees customarily allowed for similar services. Documentation 45 will be required to support the fee/commission charged by the DBE. The cost 46 of the materials and supplies themselves cannot be counted toward as DBE 47 participation. 48 49 Note: Requests to be listed as a Regular Dealer will only be processed if the 50 requesting firm is a material supplier certified by the Office of Minority 51 and Women's Business Enterprises in a NAICS code that falls within 52 the 42XXXX NAICS Wholesale code section. 2018 MASON COUNTY OVERLAY 32 1 2 Underutilized Disadvantaged Business Enterprise Utilization 3 The requirements of this section apply to projects with a UDBE COA Goal. To be 4 eligible for award of the Contract, the Bidder shall properly complete and submit an 5 Underutilized Disadvantaged Business Enterprise (UDBE) Utilization Certification 6 with the Bidder's sealed Bid Proposal, as specified in Section 1-02.9 Delivery of 7 Proposal. The Bidder's UDBE Utilization Certification must clearly demonstrate how 8 the Bidder intends to meet the UDBE COA Goal. A UDBE Utilization Certification 9 (WSDOT Form 272-056U) is included in the Proposal package for this purpose as 10 well as instructions on how to properly fill out the form. 11 12 The Bidder is advised that the items listed below when listed in the Utilization 13 Certification must have their amounts reduced to the percentages shown and those 14 reduced amounts will be the amount applied towards meeting the UDBE COA Goal. 15 16 Force account at 50% 17 Regular dealer at 60% 18 19 In the event of arithmetic errors in completing the UDBE Utilization Certification, the 20 amount listed to be applied towards the UDBE COA Goal for each UDBE shall 21 govern and the UDBE total amount shall be adjusted accordingly. 22 23 Note: The Contracting Agency shall consider as non-responsive and shall 24 reject any Bid Proposal submitted that does not contain a UDBE 25 Utilization Certification Form that accurately demonstrates how the 26 Bidder intends to meet the UDBE COA Goal. 27 28 Underutilized Disadvantaged Business Enterprise Written Confirmation 29 Document(s) 30 The requirements of this section apply to projects with a UDBE COA Goal. The 31 Bidder shall submit an Underutilized Disadvantaged Business Enterprise (UDBE) 32 Written Confirmation Document (completed and signed by the UDBE) for each 33 UDBE firm listed in the Bidder's completed UDBE Utilization Certification submitted 34 with the Bid. Failure to do so will result in the associated participation being 35 disallowed, which may cause the Bid to be determined to be nonresponsive 36 resulting in Bid rejection. 37 38 The Confirmation Documents provide confirmation from the UDBEs that they are 39 participating in the Contract as provided in the Contractor's Commitment. The 40 Confirmation Documents must be consistent with the Utilization Certification. 41 42 A UDBE Written Confirmation Document (WSDOT Form 422-031U) is included in 43 the Proposal package for this purpose. 44 45 The form(s) shall be received as specified in the special provisions for Section 1- 46 02.9 Delivery of Proposal. 47 48 It is prohibited for the Bidder to require a UDBE to submit a Written Confirmation 49 Document with any part of the form left blank. Should the Contracting Agency 50 determine that an incomplete Written Confirmation Document was signed by a 51 UDBE, the validity of the document comes into question. The associated UDBE 52 participation may not receive credit. 2018 MASON COUNTY OVERLAY 33 1 2 Selection of Successful Bidder/Good Faith Efforts (GFE) 3 The requirements of this section apply to projects with a UDBE COA Goal. The 4 successful Bidder shall be selected on the basis of having submitted the lowest 5 responsive Bid, which demonstrates a good faith effort to achieve the UDBE COA 6 Goal. The Contracting Agency, at any time during the selection process, may 7 request a breakdown of the bid items and amounts that are counted towards the 8 overall contract goal for any of the UDBEs listed on the UDBE Utilization 9 Certification. 10 11 Achieving the UDBE COA Goal may be accomplished in one of two ways: 12 13 1. By meeting the UDBE COA Goal 14 Submission of the UDBE Utilization Certification and supporting UDBE 15 Written Confirmation Document(s) showing the Bidder has obtained 16 enough UDBE participation to meet or exceed the UDBE COA Goal. 17 18 2. By documentation that the Bidder made adequate GFE to meet the UDBE 19 COA Goal 20 The Bidder may demonstrate a GFE in whole or part through GFE 21 documentation ONLY IN THE EVENT a Bidder's efforts to solicit sufficient 22 UDBE participation have been unsuccessful. The Bidder must supply GFE 23 documentation in addition to the UDBE Utilization Certification, and 24 supporting UDBE Written Confirmation Document(s). 25 26 Note: In the case where a Bidder is awarded the contract based on 27 demonstrating adequate GFE, the advertised UDBE COA Goal will not 28 be reduced. The Bidder shall demonstrate a GFE during the life of the 29 Contract to attain the advertised UDBE COA Goal. 30 31 GFE documentation shall be submitted as specified in Section 1-02.9. 32 33 The Contracting Agency will review the GFE documentation and will determine if 34 the Bidder made an adequate good faith effort. 35 36 Good Faith Effort(GFE) Documentation 37 GFE is evaluated when: 38 39 1. Determining award of a Contract that has COA goal, 40 41 2. When a COA UDBE is terminated and substitution is required, and 42 43 3. Prior to Physical Completion when determining whether the Contractor 44 has satisfied its UDBE commitments. 45 46 49 CFR Part 26, Appendix A is intended as general guidance and does not, in itself, 47 demonstrate adequate good faith efforts. The following is a lis' of types of actions, 48 which would be considered as part of the Bidder's GFE to achieve UDBE 49 participation. It is not intended to be a mandatory checklist, nor is it intended to be 50 exclusive or exhaustive. Other factors or types of efforts may be relevant in 51 appropriate cases. 52 2018 MASON COUNTY OVERLAY 34 1 1. Soliciting through all reasonable and available means (e.g. attendance at 2 pre-bid meetings, advertising and/or written notices) the interest of all 3 certified UDBEs who have the capability to perform the Work of the 4 Contract. The Bidder must solicit this interest within sufficient time to allow 5 the UDBEs to respond to the solicitation. The Bidder must determine with 6 certainty if the UDBEs are interested by taking appropriate steps to follow 7 up initial solicitations. 8 9 2. Selecting portions of the Work to be performed by UDBEs in order to 10 increase the likelihood that the UDBE COA Goal will be achieved. This 11 includes, where appropriate, breaking out contract Work items into 12 economically feasible units to facilitate UDBE participation, even when the 13 Contractor might otherwise prefer to perform these Work items with its 14 own forces. 15 16 3. Providing interested UDBEs with adequate information about the Plans, 17 Specifications, and requirements of the Contract in a timely manner to 18 assist them in responding to a solicitation. 19 20 a. Negotiating in good faith with interested UDBEs. It is the Bidder's 21 responsibility to make a portion of the Work available to UDBE 22 subcontractors and suppliers and to select those portions of the Work 23 or material needs consistent with the available UDBE subcontractors 24 and suppliers, so as to facilitate UDBE participation. Evidence of such 25 negotiation includes the names, addresses, and telephone numbers 26 of UDBEs that were considered; a description of the information 27 provided regarding the Plans and Specifications for the Work selected 28 for subcontracting; and evidence as to why additional agreements 29 could not be reached for UDBEs to perform the Work. 30 31 b. A Bidder using good business judgment would consider a number of 32 factors in negotiating with subcontractors, including DBE 33 subcontractors, and would take a firm's price and capabilities as well 34 as the UDBE COA Goal into consideration. However, the fact that 35 there may be some additional costs involved in finding and using 36 UDBEs is not in itself sufficient reason for a Bidder's failure to meet 37 the UDBE COA Goal, as long as such costs are reasonable.Also, the 38 ability or desire of a Contractor to perform the Work of a Contract with 39 its own organization does not relieve the Bidder of the responsibility to 40 make Good Faith Efforts. Contractors are not, however, required to 41 accept higher quotes from UDBEs if the price difference is excessive 42 or unreasonable. 43 44 4. Not rejecting UDBEs as being unqualified without sound reasons based 45 on a thorough investigation of their capabilities. The Contractor's standing 46 within its industry, membership in specific groups, organizations, or 47 associations and political or social affiliations (for example union vs. non- 48 union employee status) are not legitimate causes for the rejection or non- 49 solicitation of bids in the Contractor's efforts to meet the UDBE COA Goal. 50 51 5. Making efforts to assist interested UDBEs in obtaining bonding, lines of 52 credit, or insurance as required by the recipient or Contractor. 2018 MASON COUNTY OVERLAY 35 1 2 6. Making efforts to assist interested UDBEs in obtaining necessary 3 equipment, supplies, materials, or related assistance or services. 4 5 7. Effectively using the services of available minority/women community 6 organizations; minority/women contractors' groups; local, State, and 7 Federal minority/women business assistance offices; and other 8 organizations as allowed on a case-by-case basis to provide assistance in 9 the recruitment and placement of UDBEs. 10 11 8. Documentation of GFE must include copies of each UDBE and non-DBE 12 subcontractor quotes submitted to the Bidder when a non-DBE 13 subcontractor is selected over a UDBE for Work on the Contract. (ref. 14 updated DBE regulations—26.53(b)(2)(vi) &App.A) 15 16 Administrative Reconsideration of GFE Documentation 17 A Bidder has the right to request reconsideration if the GFE documentation 18 submitted with their Bid was determined to be inadequate. 19 20 The Bidder must request within 48 hours of notification of being 21 nonresponsive or forfeit the right to reconsideration. 22 23 The reconsideration decision on the adequacy of the Bidder's GFE 24 documentation shall be made by an official who did not take part in the 25 original determination. 26 27 Only original GFE documentation submitted as a supplement to the Bid 28 shall be considered. The Bidder shall not introduce new documentation at 29 the reconsideration hearing. 30 31 The Bidder shall have the opportunity to meet in person with the official for 32 the purpose of setting forth the Bidder's position as to why the GFE 33 documentation demonstrates a sufficient effort. 34 35 The reconsideration official shall provide the Bidder with a written decision 36 on reconsideration within five working days of the hearing explaining the 37 basis for their finding. 38 39 Procedures between Award and Execution 40 After Award and prior to Execution, the Contractor shall provide the additional 41 information described below. Failure to comply shall result in the forfeiture of the 42 Bidder's Proposal bond or deposit. 43 44 1. A UDBE Bid Item Breakdown is required which shall contain the following 45 information for all UDBEs as shown on the UDBE Utilization Certification: 46 47 a. Correct business name, federal employee identification number (if 48 available), and mailing address. 49 50 b. List of all Bid items assigned to each UDBE with a clear description of 51 Work to be performed for each Bid item and the dollar value of the 52 Work to be performed by the UDBE. 2018 MASON COUNTY OVERLAY 36 1 2 C. Description of partial items (if any) to be sublet to each UDBE 3 specifying the Work committed under each item to be performed and 4 including the dollar value of the UDBE portion. 5 6 d. Total amounts shown for each UDBE shall match the amount shown 7 on the UDBE Utilization Certification. A UDBE Bid Item Breakdown 8 that does not conform to the UDBE Utilization Certification or that 9 demonstrates a different amount of UDBE participation than that 10 included in the UDBE Utilization Certification will be returned for 11 correction. 12 13 2. A list of all firms who submitted a bid or quote in attempt to participate in 14 this project whether they were successful or not. Include the business 15 name and mailing address. 16 17 Note: The firms identified by the Contractor may be contacted by the 18 Contracting Agency to solicit general information as follows: age of the 19 firm and average of its gross annual receipts over the past three- 20 years. 21 22 Procedures after Execution 23 Commercially Useful Function (CUF) 24 The Contractor may only take credit for the payments made for Work 25 performed by a DBE that is determined to be performing a CUF. Payment must 26 be commensurate with the work actually performed by the DBE. This applies to 27 all DBEs performing Work on a project, whether or not the DBEs are COA, if 28 the Contractor wants to receive credit for their participation. The Engineer will 29 conduct CUF reviews to ascertain whether DBEs are performing a CUF. A DBE 30 performs a CUF when it is carrying out its responsibilities of its contract by 31 actually performing, managing, and supervising the Work involved. The DBE 32 must be responsible for negotiating price, determining quality and quantity; 33 ordering the material, installing (where applicable); and paying for the material 34 itself. If a DBE does not perform "all" of these functions on a furnish-and-install 35 contract, it has not performed a CUF and the cost of materials cannot be 36 counted toward UDBE COA Goal. Leasing of equipment from a leasing 37 company is allowed. However, leasing/purchasing equipment from the 38 Contractor is not allowed. Lease agreements shall be readily available for 39 review by the Engineer. 40 41 In order for a DBE traffic control company to be considered to be performing a 42 CUF, the DBE must be in control of its work inclusive of supervision. The DBE 43 shall employ a Traffic Control Supervisor who is directly involved in the 44 management and supervision of the traffic control employees and services. 45 46 The DBE does not perform a CUF if its role is limited to that of an extra 47 participant in a transaction, contract, or project through which the funds are 48 passed in order to obtain the appearance of DBE participation. 49 50 The following are some of the factors that the Engineer will use in determining 51 whether a DBE trucking company is performing a CUF: 52 2018 MASON COUNTY OVERLAY 37 1 The DBE shall be responsible for the management and supervision of 2 the entire trucking operation for which it is responsible on the 3 contract. The owner demonstrates business related knowledge, 4 shows up on site and is determined to be actively running the 5 business. 6 7 The DBE shall with its own workforce, operate at least one fully 8 licensed, insured, and operational truck used on the Contract. The 9 drivers of the trucks owned and leased by the DBE must be 10 exclusively employed by the DBE and reflected on the DBE's payroll. 11 12 Lease agreements for trucks shall indicate that the DBE has exclusive 13 use of and control over the truck(s). This does not preclude the 14 leased truck from working for others provided it is with the consent of 15 the DBE and the lease provides the DBE absolute priority for use of 16 the leased truck. 17 18 Leased trucks shall display the name and identification number of the 19 DBE. 20 21 UDBE Utilization Plan 22 The UDBE Bid Item Breakdown is the initial plan for Bid Item work committed 23 to UDBE firms. At any time between Execution and Physical Completion, if the 24 Contractor identifies a change in the plan, an update to the Bid Item 25 Breakdown shall be submitted to the Engineer within 7 calendar days of the 26 proposed change for review and acceptance. Plan updates shall not make 27 changes to the Commitment or the UDBE Utilization Certification. 28 29 Joint Checking 30 A joint check is a check between a Subcontractor and the Contractor to the 31 supplier of materials/supplies. The check is issued by the Contractor as payer 32 to the Subcontractor and the material supplier jointly for items to be 33 incorporated into the project. The DBE must release the check to the supplier, 34 while the Contractor acts solely as the guarantor. 35 36 A joint check agreement must be approved by the Engineer and requested by 37 the DBE involved using the DBE Joint Check Request Form (form # 272-053) 38 prior to its use. The form must accompany the DBE Joint Check Agreement 39 between the parties involved, including the conditions of the arrangement and 40 expected use of the joint checks. 41 42 The approval to use joint checks and the use will be closely monitored by the 43 Engineer. To receive DBE credit for performing a CUF with respect to 44 obtaining materials and supplies, a DBE must "be responsible for negotiating 45 price, determining quality and quantity, ordering the material, installing and 46 paying for the material itself." The Contractor shall submit DBE Joint Check 47 Request Form for the Engineer approval prior to using a joint check. 48 49 Material costs paid by the Contractor directly to the material supplier are not 50 allowed. If proper procedures are not followed or the Engineer determines that 51 the arrangement results in lack of independence for the DBE involved, no DBE 52 credit will be given for the DBE's participation as it relates to the material cost. 2018 MASON COUNTY OVERLAY 38 1 2 Prompt Payment 3 Prompt payment to all subcontractors shall be in accordance with Section 1- 4 08.1. Prompt payment requirements apply to progress payments as well as 5 return of retainage. 6 7 Reporting 8 The Contractor and all subcontractors/suppliers/service providers that utilize 9 DBEs to perform work on the project, shall maintain appropriate records that 10 will enable the Engineer to verify DBE participation throughout the life of the 11 project. 12 13 Refer to Section 1-08.1 for additional reporting requirements associated with 14 this contract. 15 16 Changes in COA Work Committed to UDBE 17 The Contractor shall utilize the COA UDBEs to perform the work and supply the 18 materials for which each is committed unless approved by the Engineer. The 19 Contractor shall not be entitled to any payment for work or material completed by 20 the Contractor or subcontractors that was committed to be completed by the COA 21 UDBEs. 22 23 Owner Initiated Changes 24 Where the Engineer makes changes that result in changes to Work that was 25 committed to a COA UDBE. The Contractor may be directed to substitute for 26 the Work in such instances. 27 28 Contractor Initiated Changes 29 The Contractor cannot reduce the amount of work committed to a COA UDBE 30 without good cause. Reducing UDBE Commitment is viewed as partial UDBE 31 termination, and therefore subject to the termination procedures below. 32 33 Original Quantity Underruns 34 In the event that Work committed to a UDBE firm as part of the COA underruns 35 the original planned quantities the Contractor may be required to substitute 36 other remaining Work to another UDBE. 37 38 Contractor Proposed DBE Substitutions 39 Requests to substitute a COA UDBE must be for good cause (see UDBE 40 termination process below), and requires prior written approval of the 41 Engineer. After receiving a termination with good cause approval, the 42 Contractor may only replace a UDBE with another certified UDBE. When any 43 changes between Contract Award and Execution result in a substitution of 44 COA UDBE, the substitute UDBE shall be certified prior to the bid opening on 45 the Contract. 46 47 UDBE Termination 48 Termination of a COA UDBE (or an approved substitute UDBE) is only allowed 49 in whole or in part with prior written approval of the Engineer. If the Contractor 50 terminates a COA UDBE without the written approval of the Engineer, the 51 Contractor shall not be entitled to credit towards the UDBE COA Goal for any 2018 MASON COUNTY OVERLAY 39 1 payment for work or material performed/supplied by the COA UDBE. In 2 addition, sanctions may apply as described elsewhere in this specification. 3 4 The Contractor must have good cause to terminate a COA UDBE. 5 6 Good cause typically includes situations where the UDBE Subcontractor is 7 unable or unwilling to perform the work of its subcontract. Good cause may 8 exist if: 9 10 The UDBE fails or refuses to execute a written contract. 11 12 The UDBE fails or refuses to perform the Work of its subcontract in a 13 way consistent with normal industry standards. 14 15 The UDBE fails or refuses to meet the Contractor's reasonable 16 nondiscriminatory bond requirements. 17 18 The UDBE becomes bankrupt, insolvent, or exhibits credit 19 unworthiness. 20 21 The UDBE is ineligible to work on public works projects because of 22 suspension and debarment proceedings pursuant to federal law or 23 applicable State law. 24 25 The UDBE voluntarily withdraws from the project, and provides 26 written notice of its withdrawal. 27 28 The UDBE's work is deemed unsatisfactory by the Engineer and not 29 in compliance with the Contract. 30 31 The UDBE's owner dies or becomes disabled with the result that the 32 UDBE is unable to complete its Work on the Contract. 33 34 Good cause does not exist if: 35 36 The Contractor seeks to terminate a COA UDBE so that the 37 Contractor can self-perform the Work. 38 39 The Contractor seeks to terminate a COA UDBE so the Contractor 40 can substitute another DBE contractor or non-DBE contractor after 41 Contract Award. 42 43 The failure or refusal of the COA UDBE to perform its Work on the 44 subcontract results from the bad faith or discriminatory action of the 45 Contractor (e.g., the failure of the Contractor to make timely payments 46 or the unnecessary placing of obstacles in the path of the UDBE's 47 Work). 48 49 Prior to requesting termination. the Contractor shall give notice in writing to the 50 UDBE with a copy to the Engineer of its intent to request to terminate UDBE 51 Work and the reasons for doing so. The UDBE shall have five (5) days to 52 respond to the Contractor's notice. The UDBE's response shall either support 2018 MASON COUNTY OVERLAY 40 1 the termination or advise the Engineer and the Contractor of the reasons it 2 objects to the termination of its subcontract. 3 4 When a COA UDBE is terminated, or fails to complete its work on the Contract 5 for any reason, the Contractor shall substitute with another UDBE or provide 6 documentation of GFE.A plan to achieve the COA UDBE Commitment shall be 7 submitted to the Engineer within 2 days of the approval of termination or the 8 Contract shall be suspended until such time the substitution plan is submitted. 9 10 Decertification 11 When a DBE is "decertified" from the DBE program during the course of the 12 Contract, the participation of that DBE shall continue to count as DBE 13 participation as long as the subcontract with the DBE was executed prior to the 14 decertification notice. The Contractor is obligated to substitute when a DBE 15 does not have an executed subcontract agreement at the time of 16 decertification. 17 18 Consequences of Non-Compliance 19 Breach of Contract 20 Each contract with a Contractor (and each subcontract the Contractor signs 21 with a Subcontractor) must include the following assurance clause: 22 23 The Contractor, subrecipient, or Subcontractor shall not discriminate on the 24 basis of race, color, national origin, or sex in the performance of this contract. 25 The Contractor shall carry out applicable requirements of 49 CFR Part 26 in 26 the award and administration of DOT-assisted contracts. Failure by the 27 Contractor to carry out these requirements is a material breach of this 28 Contract, which may result in the termination of this Contract or such other 29 remedy as the recipient deems appropriate, which may include, but is not 30 limited to: 31 32 (1) Withholding monthly progress payments; 33 34 (2) Assessing sanctions; 35 36 (3) Liquidated damages; and/or 37 38 (4) Disqualifying the Contractor from future bidding as non-responsible. 39 40 Notice 41 If the Contractor or any Subcontractor, Consultant, Regular Dealer, or service 42 provider is deemed to be in non-compliance, the Contractor will be informed in 43 writing, by certified mail by the Engineer that sanctions will be imposed for 44 failure to meet the UDBE COA Commitment and/or submit documentation of 45 good faith efforts. The notice will state the specific sanctions to be imposed 46 which may include impacting a Contractor or other entity's ability to participate 47 in future contracts. 48 49 Sanctions 50 If it is determined that the Contractor's failure to meet all or part of the UDBE COA 51 Commitment is due to the Contractor's inadequate good faith efforts throughout the 52 life of the Contract, including failure to submit timely, required Good Faith Efforts 2018 MASON COUNTY OVERLAY 41 1 information and documentation, the Contractor may be required to pay DBE penalty 2 equal to the amount of the unmet Commitment, in addition to the sanctions outlined 3 in Section 1-07.11(5). 4 5 Payment 6 Compensation for all costs involved with complying with the conditions of this 7 Specification and any other associated DBE requirements is included in payment 8 for the associated Contract items of Work, except otherwise provided in the 9 Specifications. 10 11 Federal Agency Inspection 12 13 Section 1-07.12 is supplemented with the following: 14 15 (January 25, 2016) 16 Required Federal Aid Provisions 17 The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) 18 Revised May 1, 2012 and the amendments thereto supersede any conflicting provisions 19 of the Standard Specifications and are made a part of this Contract; provided, however, 20 that if any of the provisions of FHWA 1273, as amended, are less restrictive than 21 Washington State Law, then the Washington State Law shall prevail. 22 23 The provisions of FHWA 1273, as amended, included in this Contract require that the 24 Contractor insert the FHWA 1273 and amendments thereto in each Subcontract, 25 together with the wage rates which are part of the FHWA 1273, as amended. Also, a 26 clause shall be included in each Subcontract requiring the Subcontractors to insert the 27 FHWA 1273 and amendments thereto in any lower tier Subcontracts, together with the 28 wage rates. The Contractor shall also ensure that this section, REQUIRED FEDERAL 29 AID PROVISIONS, is inserted in each Subcontract for Subcontractors and lower tier 30 Subcontractors. For this purpose, upon request to the Engineer, the Contractor will be 31 provided with extra copies of the FHWA 1273, the amendments thereto, the applicable 32 wage rates, and this Special Provision. 33 34 Public Convenience and Safety 35 36 Construction Under Traffic 37 38 Section 1-07.23(1) is supplemented with the following: 39 40 (January 2, 2012) 41 Work Zone Clear Zone 42 The Work Zone Clear Zone (WZCZ) applies during working and nonworking 43 hours. The WZCZ applies only to temporary roadside objects introduced by the 44 Contractor's operations and does not apply to preexisting conditions or 45 permanent Work. Those work operations that are actively in progress shall be 46 in accordance with adopted and approved Traffic Control Pans, and other 47 contract requirements. 48 49 During nonworking hours equipment or materials shall not be within the WZCZ 50 unless they are protected by permanent guardrail or temporary concrete 51 barrier. The use of temporary concrete barrier shall be permitted only if the 52 Engineer approves the installation and location. 2018 MASON COUNTY OVERLAY 42 Exhibit B (Continued) FHWA-1273— Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations co-itained in these Il. 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 app,opriate 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 Il. 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. I. 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 FFM/A 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 contractors 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 halt 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 presen'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 contractors EEO policy and the procedures to every complainant of all of their avenues of appeal, implement such polity 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 womer 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 disabil.ty 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 retainer 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 B. Reasonable Accommodation for Applicants 1 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 contractors 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 storage or dressing areas,parking lots,drinking fountains, laborers or mechanics,including helpers,which is not listed in recreation or entertainment areas,transportation,and housing the wage determination and which is a be employed under the provided for employees. The contractor shall provide separate contract shall T classified in conformance with the wage an or single-user restrooms and necessary dressing or sleeping determination.The contracting wage rat shall approve ne areas to assure privacy between sexes. additional classification and wage rate and fringe benefits 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 local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. 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 sha!I 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 laborers or mechanics affected,and records which show the appropriate)determined pursuant to paragraphs 1.b.(2)or.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 i 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 presc•ibed 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://w.vw.dol.gov/esa/whd/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 o-supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the--ontract 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, (ii)That each laborer or mechanic(including each a Payrolls and basic records relating thereto shall be helper,apprentice,and trainee)employed on the contract maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers during the payroll period has been paid the Full weekly awages earned,without rebate,either directly or indirectly, and mechanics working at the site of the work.Such records and that n shall contain the name,address,and social security number of deductions have been made either directly or each such worker,his or tier 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 performed, 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 rale 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.J 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 fri-ige benefits listed on the wage determination for the applicable f any of the above certifications may classification If the Administrator determines that a different (4)The falsification osubcontractor a civil c criminal practice prevails for the applicable apprentice classification, subject the contractor f fringes shall be paid in accordance with that determination. prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency c.The contractor or subcontractor shall make the records required under paragraph 3.a.of this section available for recognized by the Office.withdraws approval of an apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized permitted to utilize apprentices at less than the applicable representatives of the contracting agency,the State DOT,the 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 an the jot;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 Stale 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 approved by the Employment and Training Administration shall site in any craft classification shall not u greater than the ratio permitted to the contractor as to the entire work force under de paid not less than the applicable wage rate al the wage the registered program.Any worker listed on a payroll at an determination for the a performing cation of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work g the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for 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 w7ich 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 work in excess of forty hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the staborer or mechanic receives compensation ala rate not less subcontractors to include Form FHWA-1273 in any lower tier subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. compliance by any subcontractor or lower tier subcontractor 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 to paragraph(1.)of this section,the contractor and any subcontractor responsible therefor shall or and for the of the contract,and for debarment as a contractor and a unpaid wages.In addition,such contractor and subcontractor subcontractor as provided in 29 CFR 5.12. 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 S-0 for each calendar day on which such individual was required or 9.Disputes concerning labor standards.Disputes arising 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 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 subcontractors to include these clauses in any lower tier c.The penalty for making false statements is prescribed in the subcontracts.The prime contractor shall be responsible for U.S.Criminal Code,18 U.S.C.1001, 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 it 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 neeced 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 Safely 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 si,.e 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. VIII.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 tc furnish 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 kno,.vingiy 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 furnished,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 contractirg 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 reasoi 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 rransaction(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 nct 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,iower-tier covered transactions exceeding the S25,000 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 525,000 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,suspenced,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 prir cipals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first Ger participant is providing the certification set out below. participant may,but)s not required to,check the Excluded Parties List System website(https:/hv�%w.epls.gov/),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 availab a 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 whic-i this proposal is a prudent person in the ordinary course of business dealings. submitted it at any time the prospective lower*ler 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 fust 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 participart agrees by department or agency: submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowir.gly 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,Stale 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 panic pate 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:/lwvAv_enis.gov/),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.T he 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 wall 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 Stale 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 Exhibit C NOTICE TO BIDDERS COUNTY OF MASON DEPARTMENT OF PUBLIC WORKS SHELTON, WASHINGTON 2018 MASON COUNTY OVERLAY, CRP 2012 & CRP 2013 SEALED BIDS will be received for the improvement of various roads in Mason County, 2018 MASON COUNTY OVERLAY, CRP 2012 — 2013, (John's Prairie Rd (# 91720) and Mason Lake Road (#52210)) (Range $1,000,000 to $1,250,000), at the office of the County Commissioners, located in Building 1, 411 North 5'h Street, Shelton, Washington, 98584, until 9:00 a.m., Friday, May 4, 2018, 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; HMA CL. '/z In. PG 64-22, TON; Beam Guardrail Type 31, LF; Project Temporary Traffic Control, LS; and other items in conformance with the 2016 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 272-001 revised 08/2001 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.. NOTICE TO BIDDERS Page 1 of 2 2018 MASON COUNTY OVERLAY—CRP 2012-2013 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. 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 9th day of April, 2018. MASON COUNTY PUBLIC WORKS MASON COUNTY, WASHINGTON Kathryn L. Cari PUBLIC WORKS REPRESENTATIVE cc: Cmmrs. Engineer JOURNAL: Publ. 3t: 4/12/18, 4/19/18, 4/26/18 (Bill: Public Works Dept.) Journal Shelton: jlegals@masoncounty.com JOURNAL OF COMMERCE: Publ. 3t: : 4/12/18, 4119/18, 4126/18 Journal of Commerce Seattle, Legal Dept: legals@djc.com> NOTICE TO BIDDERS Page 2 of 2 2018 MASON COUNTY OVERLAY—CRP 2012-2013 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item #Y,�(', BRIEFING DATE: October 28, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Lease Agreement with Verizon Wireless — Set Hearing BACKGROUND: Verizon Wireless (VAW) LLC dba Verizon Wireless has interest in leasing approximately 1,600 square feet on the Public Works facility property (parcel 42002-21-90010) at 100 W Public Works Drive, Shelton, WA to construct a new unstaffed wireless communications facility that would sit up on the upper portion of the northern section of the property. The agreement would be in effect for 5-years with automatic 4 additional 5-year terms unless the County decides to terminate at the end of the then current term with a written notice 3-month in advance to the end of the then current term. BUDGET IMPACTS: An annual rental payment of $14,400 will be paid in equal monthly installments to Mason County Public Works. The annual rental for the second (2"d) year of the initial term and for each year thereafter will be equal to 102.5% of the annual rental payable. RECOMMENDED ACTION: Recommend the Board of County Commissioner set a public hearing for Tuesday, December 3, 2019 at 9:15am to consider enter into a lease agreement and with Verizon Wireless (VAW) LLC dba Verizon Wireless to construct a new unstaffed wireless communication facility on a portion of Public Works facility property, parcel 42002-21- 90010 at 100 W. Public Works Drive, Shelton, WA 98584 and authorize the chair to sign the Memorandum of Land Lease Agreement. ATTACHMENTS: 1. Notice 2. Aerial Map. NOTICE OF HEARINGS LAND LEASE AGREEMENT WITH VERIZON WIRELESS (VAW) LLC NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing on Tuesday, December 3, 2019 at 9:15am in the Commissioners Chambers located in Courthouse Building 1, 411 North Fifth Street, Shelton, WA 98584, to consider leasing a portion of the Public Works facility parcel (Parcel No. 42002-21-900010) located at 100 W. Public Works Drive, Shelton, WA 98584 to Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to construct a new unstaffed wireless communications facility. Legal Description of property is as follows: Lot 1 of Short Subdivision No. 3123, recorded December 4, 2018, in Volume 4 of Short Plats, page 56, Auditor's File No. 2103192, and being a portion of the North half(N 1/2 of Section 2, Township 20 North, Range 4 West, W.M. Citizens of Mason County are invited to attend said hearing. For questions contact the Public Works Department, 360-427-9670, Ext. 450; Belfair 275-4467; Elma 482-5269, or if special accommodations are needed, contact the Commissioners' office Ext. 419. DATED this 5th day of November, 2019. DEPARTMENT OF PUBLIC WORKS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board cc: Commissioners Engineer Publish: Shelton Journal - 2t: 11/14/19 & 11/21/19 Bill: Mason County Department of Public Works 100 W Public Works Drive Shelton, Washington 98584 loft tr ti le W + Parcel Number: 420022190010 Parcel Number: 420022190010 cription: L 1 OF SP #3123AF N OF E 1/2 NW & W 1/2 NE 45/104-105 Size in Acres: .61 a Information may Ile outdated, please visit Taxsifter for up to date informa 'on. g■ Owner: MASON COUNTY, MASON COUNTY COURTHOUSE 411 N 5th ST , SHELT04WA_9B,5,843400 Section: 2 Range: 4W Township: 20N MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item # �� BRIEFING DATE: October 28, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Franchise Agreement Applications for Multiple Water Systems— Set Hearing BACKGROUND: There are numerous private water systems in the county with franchise agreements that are either expired or will expire in the near future. To be more efficient and reduce the number of hearings, Public Works is"bundling"water system franchise renewals. Public Works is also taking the opportunity to review and update franchise language for those agreements that have expired, including a provision for automatic renewal for up to three 10-year terms. The first round of water systems that have re-applied for franchise agreements and to be considered include: Belfair Water District #1 Lake Limerick Water System LLCC Trails End Water District #2 Cherokee Strip HOA &Water Collins Lake Community Club Kamilche Point Community Club Shorecrest Estates Water Company Star Lake Community Club Holiday Beach Home Tracts W/S BUDGET IMPACT: Applications are not considered "new"and applicants have paid $300 for each re-application or renewal of their respective franchises. PUBLIC OUTREACH: The public will be notified through the normal public hearing notice process. Public Works Staff has communicated with the water districts and systems via email, phone call, and/or letter through their boards and/or committees. RECOMMENDED OR REQUESTED ACTION: Recommend the Board set a hearing for Tuesday, December 3, 2019 to consider approving the franchise agreement applications between Mason County and Belfair Water District #1, Trails End Water District #2, Cherokee Strip HOA &Water, Collins Lake Community Club, Kamilche Point Community Club, Lake Limerick Water System LLCC, Shorecrest Estates Water Company, Star Lake Community Club and Holiday Beach Home Tracts W/S, granting permission to run the utility lines under and across county road rights of way. Attachments: 1. Notice NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton,WA 98584 on Tuesday,December 3,2019 at 9:15am. SAID HEARING will be to consider the water franchise applications between Mason County and Belfair Water District#1, Trails End Water District#2, Trails End, Cherokee Strip HOA& Water, Collins Lake Community Club, Kamilche Point Community Club,Lake Limerick Water System LLCC, Shorecrest Estates Water Company, Star Lake Community Club and Holiday Beach Home Tracts W/S. If special accommodations are needed,please contact the Commissioners' office, (360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 or any questions contact Terry Conley,360-427-9670,Ext. 450. DATED this_ day of November 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Melissa Drewry, Clerk of the Board Cc: Auditor Clerk of the Board Public Works Listed Water Districts Journal-Publ.2t: 11/14/19& 11/21/19(not less than 5 days prior to hearing) Post: 3 public places 15 days before hearing—No later than 11/18/19 (Bill Public Works— 100 W Public Works Drive, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kristopher Nelsen, Permit Administrator Action Agenda Public Hearing _X Other DEPARTMENT: Community Services EXT: DATE: November Sth, 2019 Agenda Item # /C) . Commissioner staff to complete) BRIEFING DATE: 10/14/2019 BRIEFING PRESENTED BY: Kristopher Nelsen for David Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Public Hearing to adopt revision to Mason County Building code 14.09.031 Background: Permitting of residential "like for like"exchanges such as; windows, doors, electric water heaters, and siding with no structural alterations and observed as home maintenance should be exempt. Budget Impacts: Publication of adopted code. RECOMMENDED ACTION: Approve building code revision. Attachment(s): Proposed Ordinance MASON COUNTY BOARD OF COMMISSIONERS ORDINANCE NO. ADOPTION OF REVISIONS TO MASON COUNTY BUILDING CODE 14.09.031 WHEREAS,replacement of residential windows of the same size and requiring no changes in structure is a common home maintenance procedure, and WHEREAS,replacement of residential doors of the same size and requiring no changes in structure is a common home maintenance procedure, and WHEREAS,replacement of a residential electric water heaters of the same size and rating requiring no changes in structure is a common home maintenance procedure, and WHEREAS,the replacement of residential siding that does not expose studs, insulation, or the removal of exterior sheathing and requiring no changes in structure is a common home maintenance procedure, and WHEREAS,these exchanges are known as "like for like", and WHEREAS,permitting "like for like" exchanges of residential; windows, doors, electric water heaters, and siding where no structural changes occur increases the burden on permitting and code enforcement with little to no effect on safety. NOW THEREFORE BE IT RESOLVED, the Mason County Board of Commissioners hereby adopts the revisions to Mason County Building Code to no longer require permits for "like for like" exchanges of residential; windows, doors, electric water heaters, and siding where no structural changes occur. SIGNED this:day of . 2019. BOARD OF COUNTY COMMISSIONERS Kevin Shutty, Chair Randy Neatherlin, Commissioner Sharon Trask, Commissioner ATTEST: Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief Civil Deputy Prosecutor MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Hearing DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item #/0. BRIEFING DATE: September 30, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 2020 Annual Construction Program - Set Hearings BACKGROUND: RCW 36.81.130 requires the County to prepare and adopt an Annual Construction Program. Program recommendations for road and bridge construction projects are prepared by Public Works and submitted to the Board for consideration and final adoption. Once adopted, the plan must be sent to the County Road Administration Board and the Secretary of Transportation. The Transportation Improvement Program Citizen Advisory Panel (TIP-CAP), created by the Board to increase public participation in the development of the Annual Construction program, reviewed the draft plan and recommends adoption of the attached 2020 Annual Construction Program. The Program may be revised at any time, but revisions must go through the same public hearing process. BUDGET IMPACTS: Annual 2020 expenditures are planned to be $5.79 million of which $2.60 million will come from the Road Fund and $3.19 million from outside sources. County forces will be used to construct approximately $925,000 of the annual construction program, which is well under the computed limit of $1,269,483. RECOMMENDED ACTION: Recommend the Board of Commissioners approve and execute the resolution adopting the 2020 Annual Construction program. Attachments: 1. Resolution 2. 2020 Annual RESOLUTION NO. -19 Annual Construction Program WHEREAS, Chapter 136-16 WAC, sets forth the procedures for the adoption of the Annual Construction Program; and, WHEREAS,in compliance therewith,the Board of County Commissioners has held a public hearing on the Annual Construction Program this 5h day of November, 2019. NOW THEREFORE,BE IT RESOLVED by the Board of Mason County Commissioners, in regular session assembled,that the attached Annual Construction Program for 2019 be adopted as set forth in detail, which are incorporated and made part of this Resolution. ADOPTED this day of . 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON KEVIN SHUTTY,Chair ATTEST: MELISSA DREWRY,Clerk of the Board SHARON TRASK,Vice Chair APPROVED AS TO FORM: RANDY NEATHERLIN,Commissioner TIM WHITEHEAD,Ch.D.P.A. Cc: Cmmr Public Works Community Development County Road Admin.Board WSDOT/fransAid ANNUAL CONSTRUCTION PROGRAM FOR 2020 TOTAL$'S COUNTY» MASON A TOTAL COSTRUCTION DONE -1-1 113).(14) $ 3,913,800 DATE RECOMMENDED FROG.SUBMITTED_S4ER4 n30,2019_ B COMPUTED COUNTY FORCES LIMIT $ 1,270,108 DATE OF FINAL ADOPTION C TOTAL COUNTY FORCES CONSTRUCTION-(-1.—1141 $ 1,025,000 ORDINANCE/RESOLUTION NO. DATE OF AMENDMENT (1) 2) (3) (4) 5) 6 (7) (8) (9) (10) 111 121 13 141 (15) aN a G� p a SOURCES OF FUNDS ESTIMATED EIIVEFNDRIMES AM Q O ~Lw i � PROTECT NE ROAD SEGMENT INFORMATION a = f OTHER FUNDS CONSTRUCTION _ j S g F O W COUNTY QPE&CE RIGHT OF WAY ROAD AMOUNT PROGRAM COUNTY GRAND TOTAI FUNDS SOURCE (595.10) (595.20) CONTRACT (ALL 595) ROADR . ROAD NAME BMP EMP FF C IMS) FORCES ' a i of 1 nryamruu r+..en.uw•nuAOwuarr Vwwr OlM4 '-3a0 O F r0)Wfr IN3.tvR al. >nl^. �� 0 1*b w-I p 15]pwv cf s wwrw.a.vr.w..rr x.w•Ix.wNm•mr .,,.. tr i tpu w lo,ow�. Isu. loo a . ••v....ra. � p.a ..,b � c ns. w. a, naw', n.ow� ss. „+ . ,,,,rr w•,N m.w rwu rW..l. v,..•... � I« I Iw. lo. s. I w. 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I,r PAGE/PROGRAM TOTALS,CONSTRUCTION ii 2,592,OODJ 3,123000 1,48E,2-1 315,000 2,888'acol 1,025,0001 5,789,250 CRAB FORM x3,MC REVISED MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Hearing DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: November 5, 2019 Agenda Item #lg BRIEFING DATE: September 30, 2019 BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: 6-Year Transportation Improvement Program (TIP) - Hearing BACKGROUND: RCW 36.81.121, as described in Chapter 136-15 WAC, requires the county adopt a comprehensive transportation program for the ensuing six calendar years. The plan shall include proposed road and bridge construction work and other transportation facilities and programs. Public Works is recommending the attached 2019-2024 Six-Year Transportation Improvement Program be adopted. Once adopted, the plan must be sent to the County Road Administration Board and the Secretary of Transportation. The Program may be revised at any time, but revisions must go through the same public hearing process. BUDGET IMPACTS: The Revenue/Expenditure analysis for 2020 — 2025 reveals projects planned for years 4 — 6 of the TIP will need to be delayed unless additional revenues are secured. The analysis assumes no additional road fund diversion or levy shift. Reductions were made to the draft so a more realistic 6-Year TIP may be considered and a future considerations list was added for future grants or to be added should additional revenues be secured. RECOMMENDED ACTION: Recommend the Board of Commissioners approve and executed the resolution adopting the 2020-2025 Six-Year Transportation Improvement Program. Attachments: 1. Resolution 2. 6-Year TIP (2020-2025) RESOLUTION NO. -19 Six-Year Transportation Improvement Program WHEREAS,in compliance with 136-15 WAC,Mason County has prepared the attachment Six-Year Transportation Improvement Program for the period January 1,2020 through December 31,2025;and, WHEREAS,the Board of County Commissioners hereby certifies that the priority array of potential projects on this County's road system, including bridges,was prepared by the County Engineer during the preparation of the said Six-Year Transportation Improvement Program; and, WHEREAS,the Board of County Commissioners reviewed the current bridge condition report as prepared by the County Engineer on April 22,2019;and, WHEREAS,the Board of County Commissioners finds that the proposed 2020-2025 Six-Year Transportation Improvement Program is consistent with the County Comprehensive plan;and, WHEREAS,the Board of County Commissioners has held a public hearing on this 15th day of October,2019. NOW,THEREFORE,BE IT RESOLVED,that the attached Six-Year Transportation Improvement Program for 2020 through 2025 be adopted,which is hereby incorporated and made part of this Resolution. BE IT FUTHER RESOLVED that the County Engineer is hereby directed to distribute copies of the Six-Year Transportation Improvement Program for 2020-2025 to all required agencies. ADOPTED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: KEVIN SHUTTY,Chair MELISSA DREWRY,Clerk of the Board SHARON TRASK,Vice Chair APPROVED AS TO FORM: RANDY NEATHERLIN,Commissioner TIM WHITEHEAD,Ch.DPA cc: Commissioners Public Works Community Development County Road Admin.Board WSDOT Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO:Peninsula Amend Date: - Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded r A. Federal Aid No. B. Bridge No. g, Fund Source Information Expenditure Schedule Projects Only o .o C. Project Title d � E 1 � d � Federal Fundin R/W c v D. Street/Road Name of Number .o t Phase Federal Federal State Required a ZBeginning 9 Start Fund Cost by Fund State Local Total 1 st 2nd 3rd 4th thru Envir Type Date LL E. MP or road-Ending MP or road o a a YP F. Describe Work to be Done mm/dd/a Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 13 1 14 1 15 16 17 18 19 20 21 07 Various PE 1/1/2020 STP 50 10 60 60 60 60 180 08 Programmatic Preservation-HMA Overlays RW 09 Rd.No.: Various CN 6/1/2020 STP 1913 597 2510 2510 825 825 2475 N/A 17 1 From: MP Var To: MP Var 4.00 E 18 19 Total 2020 Project Cost $2,570,000 TOTALS 1963 607 2570 2570 885 885 2655 07 PE 20 20 20 20 20 60 08 Programmatic Safety RW 5 5 5 5 5 15 09 2 Rd.No.: Various CN 100 100 100 100 100 300 DCE 17 From: Various To: Various 18 Clear Zone Projects,sign upgrades,guardrail,intersection improvements 19 Total 2020 Project Cost $125,000 TOTALS 125 125 125 125 125 375 07 PE 40 40 40 40 40 120 08 Programmatic Culvert Repair/Replacement RW 10 10 10 10 10 30 09 3 CN 150 150 150 150 150 450 17 18 19 Total 2020 Project Cost $200,000 TOTALS 200 200 200 200 200 600 07 PE 10 10 10 101 10 30 08 Programmatic Bridge Program RW 5 5 5 5 5 15 09 4 CN 50 50 50 50 50 150 17 18 19 Total 2020 Project Cost $65,000 ITOTALS 65 65 65 65 65 195 07 PE 10 10 10 10 10 30 08 County-Wide Small Capital Projects RW 5 5 5 5 5 15 09 5 CN 85 85 85 85 85 255 17 18 19 Total 2020 Project Cost $100,000 TOTALS 100 100 100 100 100 300 07 PE 15 15 15 10 10 30 08 County-Wide Gravel Road Upgrades RW 5 5 15 09 6 CN 50 50 150 17 18 19 Total 2020 Project Cost $15,000 TOTALS 15 15 15 65 65 195 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Six Year Transportation Improvement Program Agency Mason County From 2020 to 2025 Cc No 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded D A. Federal Aid No. B. Bridge No. g Fund Source Information Expenditure Schedule Projects Only o w.` a C. Project Title d o d Federal Fundin R/W rj a E D. Street/Road Name of Number V o t Phase Federal Federal State Required LL Z E. Beginning MP or road-Ending MP or road o a a 4th thru Envir Type 9 9 9 � Start Fund Cost by Fund State Local Total 1st 2nd 3rd Date F. Describe Work to be Done (mm/dd/yy) Code Phase Source Funds Funds Funds I 6th mm/ 1 3 6 8 1 9 10 11 12 13 14 15 16 17 18 19 20 21 07 PE 10 10 10 10 10 30 08 Neighborhood Roadway Safety Grants RW 5 5 15 09 7 CN 17 __ 50 50 150 18 19 Total 2020 Project Cost $10,000 TOTALS 10 10 10 65 65 195 CRP 2006 PE 1/1/2015 HSIP 4.5 0.5 5 5 Bear Creek Dewatto Road Clear Zone RW 8/1/2019 HSIP 15 15 15 07 8 Rd.No.: 79800 150 CN 4/1/2020 HSIP 222 318 540 540 DCE 2/19 From: MP 5.2 To: MP 6.7 Clear Zone Project Total 2020 Project Cost $560,000 TOTALS HSIP 226.5 333.5 560 560 CRP 2014 PE 7/1/2018 RCO 10 10 10 Deegan Road West Culvert Replacement RW 11/1/2018 10 10 10 09 9 Rd No.:06110 CN 7/1/2019 RCO 215 115 330 330 2/19 From MP 2.37 To:MP 2.37 Replace existing culvert with a new structure Total 2019 Project Cost $350,000 TOTALS 225 125 350 350 CRP 2015 PE 7/1/2018 RCO 5 5 5 Shelton Valley Road Culvert Replacement RW 11/1/2018 10 10 10 08 10 Rd No.:05930 _ CN 7/1/2019 RCO 200 250 450 450 2/19 From MP 2.13 To:MP 2.13 Replace existing culvert with a new structure Total 2020 Project Cost $465,000 ITOTALS 205 260 465 465 CRP 2022 PE 1/1/2020 RCO 47 8 55 55 5 Uncle Johns Upper Culvert RW 2/1/2021 10 09 11 Rd.No.: 23500 CN 7/1/2021 RCO 430 From: MP 0.64 To: MP 0.64 Replace existing culvert with a new structure Total 2020 Project Cost $55,000 TOTALS 47 8 55 55 445 CRP 2023 PE 9/1/2019 RCO 298 52 350 350 50 Uncle Johns Lower Culvert RW 1/1/2021 20 09 12 Rd No.:23500 CN 7/1/2023 2580 From MP 1.02 To:MP 1.02 Remove Existing Culvert and replace as needed Total 2020 Project Cost $350,000 ITOTALS 298 52 350 350 70 2580 rRR F n in BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program minary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State ht of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds struction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 2 of 6 Six Year Transportation Improvement Program Agency. Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Dale: City No. --- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification t Project Costs in Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. o Fund Source Information Expenditure Schedule Project Only o „= a C. Project Title a� Z5 Federal Fundinq I R/W z D. Street/Road Name of Number J ° Phase Federal Federal State Required LL a Z E. Beginning MP or road-Ending MP or road o a`a 4th thru Envir Type 9 9 9 F Start Fund Cost by Fund State Local Total list 2nd 3rd Date F. Describe Work to be Done (mm/dd/yy) Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 13F 14 1 15 16 17 18 19 20 21 CRP 2024 PE 7/1/2020 RCO 47 8 55 55 5 Dayton Creek Culvert RW 2/1/2021 10 07 13 Rd No.:04450 _ CN 8/1/2021 RCO 430 From MP 0.33 To:MP 0.33 Replace existing culvert with a new structure Total 2020 Pro ecl Cost $55,000 TOTALS 47 8 55 55 445 PE 11/1/2019 5 5 5 Harstine Island Polyester Overlay RW 4/1/2020 07 14 Rd.No.: 30000 0 10 CN 2/23/2018 From:0.12 To: 0.40 Deck Repair Total 2020 Project Cost $5,000 1TOTALS 5 5 5 Clear Zone Improvements PE 5/1/2020 HSIP 66.8 7.4 74.2 74.2 24.7 07 Rd.No.:91100-Arcadia Road RW 7/1/2021 HSIP 07 15 Rd.No:04450-Highland Road 14.76 CN 1/31/2022 HSIP 1090 07 Rd.No.: 90100-Shelton Matlock Road 08 Rd.No.:14880-Kamilche Point Road Total 2020 Project Cost $74,200 TOTALS 66.8 7.4 74.2174N.246.7 1090 CRP 1993 PE 1/1/2019 RATA 4 1 5Shelton Matlock Road Culvert Replacement RW 9/1/2020 5 507 16 Rd.No.: 90100-Shelton Matlock Road CN 7/15/2021 RATA From: MP 8.03 To: MP 8.03 Replace existing culvert with a new structure Total 2020 Project Cost $10,000 TOTALS 4 6 10 10 555 CRP PE 1/1/2020 200 200 200 200 BeHair Connector-Log Yard Road E RW 10/1/2020 50 50 50 100 17 Rd.No.: CN 3/1/2021 From: SR3 To: Belfair Freight Corridor Design for New Construction Total 2020 Project Cost $250,000 TOTALS 250 250 250 300 CRP 2019 PE 6/1/2019 200 200 200 200 Betfair Connector-Romance Hill RW 7/1/2020 50 50 50 100 09 18 Rd.No.: 86500 CN 3/1/2021 From: SR 3 To: Belfair Freight Corridor Design for New Construction Total 2020 Project Cost $250,000 ITOTALS 250 250 250 300 PE 1/1/2018 FbD 10 10 10 Skokomish Valley Road Reconstruction RW 1/2/2022 08 19 Rd.No.:41640 0.40 CN 3/1/2023 FLAP 1600 TBD From: MP 3.8 To: MP 4.6 Road Reconstruction partner w/Mason Cons Dist$81M total project cost Total 2020 Project Cost $10,000 TOTALS 10 10 10 1600 i' ase F n in BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and Slate RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 3 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification L Project Costs in Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. Fn Fund Source Information Expenditure Schedule Projects Only o w C a C. Project Title m ;, m Federal Fundin R/W c tj o = D. Street/Road Name of Number J o Phase Federal Federal Slate Required ri a Z E. Beginning MP or road-Ending MP or road o a a 4th thru Envir Type 9 9 9 — Start Fund Cost by Fund State Local Total 1st 2nd 3rd Date F. Describe Work to be Done mm/dd/ Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 201 21 PE 1/2/2021 100 350 Trails Road Alternate Route-Rasor Road RW 6/1/2022 125 20 Rd.No.:62310 CN 6/1/2023 3000 From: MP To: MP Partial New Construction' Total 2020 Project Cost TOTALS 100 475 3000 CRP 1995 PE 6/1/2019 RATA 50 5 55 55 20 North Shore Road-Cady Creek Culvert Replacement RW 1/1/2021 20 08 21 Rd.No.: 70390-North Shore Rd 0 10 CN 7/1/2022 RATA 500 From: MP 6.9 To: MP 7.0 Replace existing culvert with a new structure Total 2020 Project Cost $55,000 ITOTALS 50 5 55 55 40 500 CRP 2011 PE 6/1/2019 RATA 34 6 40 40 North Island Drive Culvert Replacement RW 1/2/2021 20 Rd.No.: 39630-North Island Drive CN 7/15/2022 RATA 720 07 22 From: MP 3.46 To: MP 3.47 0.01 Replace existing culvert with a new structure Total 2020 Project Cost $40,000 TOTALS 34 6 40 40 20 720 CRP 2001 PE 10/1/2019 5 5 5 25 Homer Adams Road Culvert Replacement RW 3/1/2020 10 09 23 Rd.No.: 00610 0 10 CN 8/1/2020 300 20 From: MP 0.1 To: MP 0.2 Reconstruction Total 2020 Project Cost $5,000 TOTALS 5 5 5 35 300 20 CRP 2021 PE 3/1/2020 RATA 5 5 10 10 60 North Shore Road-Great Bend Culvert Replacement RW 1/2/2022 20 Rd.No.: 70390-North Shore Rd CN 7/1/2024 RATA 500 08 24 From: MP 16.6 To: MP 16.7 0.10 Replace existing culvert with a new structure Total 2020 Project Cost $10,000 TOTALS 5 5 10 10 60 20 500 CRP 2020 PE 3/1/2020 RATA 8.5 1.5 10 10 50 50 10 Old BeHair Hwy RW 5/1/2023 100 08 25 Rd.No.: 98250-Old Belfair Hwy 0.40 CN 4/1/2024 RATA 1200 From: MP 1.2 To: MP 1.6 3R Improvement-Resurfacing,Restoration and Rehabilitation Fl-1 Total 2020 Project Cost $10,000 TOTALS 8.5 1.5 10 10 50 50 1310 Phase F n in BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 4 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded m A. Federal Aid No. B. Bridge No. M Fund Source Information Expenditure Schedule Protects Only 4 .o a C. Project Title J u m Federal Fundin R/W c U' D D. Street/Road Name of Number o Phase Federal Federal State Required ri a Z E. Beginning MP or road-Ending MP or road o a`a 14th thru Envir Type 9 g g F Start Fund Costby Fund Stale Local Total 1st 2nd 3rd Date F. Describe Work to be Done mm/dd/ Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 201 21 PE Allyn Access,Circulation easement acquisi Wheelwright,Wade,and RW 9/3/2019 150 150 150 40 26 Rd.No.: TBD Masterson ROW CN From: To: ROW acquisition Total 2020 Protect Cost $150,000 TOTALS 150 150 150 40 PE 40 Mason Benson Intersection Safety RW 10 Rd.No.: 63010 CN 300 07 27 From: MP 2.5 To: MP 2.6 0.10 Improve Sight Distance Total 2020 Protect Cost TOTALS 350 PE 60 Shelton Valley Culvert RW 30 28 Rd.No.: 05930 _ CN 550 From: MP 2.0 To: 2.0 Replace existing culvert with new structure Total 2020 Project Cost TOTALS 60 580 PE 1/1/2025 400 Trails Road Realignment RW 10/1/2025 50 07 29 Rd.No.:62310 0.40 CN 4/1/2026 From: MP 0.5 To: MP 1.6 Curve Realignment Total 2020 Project Cost ITOTALS 450 PE 6/1/2023 210 Log Yard Road W Freight Upgrade RW 7/1/2024 50 30 CN 4/1/2025 1325 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 1585 PE 6/1/2021 40 Clifton,Old B,SR 300 feasibility Study RW 31 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost ITOTALS 40 Phase Funding BRAC-Bridge Replacement Advisory Committee FLAP- Federal Lands Access Program PE-Preliminary Engineering STP-Surface Transportation Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State RW-Right of Way HSIP-Highway Safety Improvement Program TAP-Transportation Alternatives Program Emergency Management funds CN-Construction RATA-Rural Arterial Trust Account FBRB-Brian Abbot Fish Barrier Removal Board Page 5 of 6 Six Year Transportation Improvement Program Agency: Mason County From 2020 to 2025 Co.No.: 13 Co.Name: Mason County Hearing Date: Adoption Date: City No. --- MPO/RTPO: Peninsula Amend Date: - Resolution No.: Project Identification t Project Costs in Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. o, Fund Source Information Expenditure Schedule Project Only m.Q C. Project Title m m Federal Fundin R/W c D. Street/Road Name of Number J d Phase Federal Federal State = a t 4th thru Envir Type Required LL Z E. Beginning MP or road-Ending MP or road F a a Start Fund Cost by Fund State Local Total 1 st 2nd 3rd Date F. Describe Work to be Done mm/dd! Code Phase Source Funds Funds Funds 6th mm/ 1 3 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PE 6/1/2021 120 Frieght Corridor Trail RW 32 CN 3R Improvement-Resurfacing,Restoration and Rehabilitation Total 2020 Project Cost TOTALS 120 TOTALS 7.00 2256.3 933.5 2599.4 5789.2 5115 3825 3630 16490 Future ConsiderationstWishlist Completion of Trails road Alternate Route-Rasor Road in phases Cloquallum Road MP 4.6 to 5.2 curve realignments Cloquallum Road MP 6.6 to 7.2 widening Shelton Matlock Road MP 15.36 to 16.5 realign pave shoulders Johns Prairie Road add paved shoulders RR tracks to old capital hill rd Guardrail upgrades-Brockdale,McReavy,and Johns Prairie Terrace Blvd Road and Hwy 101 intersection-partner project with WSDOT Brockdale and Island Lake Road intersection-partner project with City of Shelton Illumination intersections county wide Union Boat Launch Resurfacing Trail near Roessel Road New Roads Consideration McEwan Prairie to Brockdale 101 connection Johns Prairie and Hwy 3 connection Connection between Cloquallum and City Center exit Phase Funding BRAC-Bridge Replacement Advisory Committee FBRB-Brian Abbot Fish Barrier Removal PE-Preliminary Engineering STP-Surface Transportation Program (Now Local Bridge Program) BoardFLAP- Federal Lands Access Program RW-Right of Way HSIP-Highway Safety Improvement Program TP-Transportation Partnerships EM-Federal Emergency Management Act and State CN-Construction RATA-Rural Arterial Trust Account TAP-Transportation Alternatives Program Emergency Management funds Page 6 of 6