HomeMy WebLinkAbout2022/10/11 - Regular PacketBoard of Mason County Commissioners
Draft Meeting Agenda
Commission Chambers
411 N 5th St, Shelton, WA 98584
October 11, 2022
9:00 a.m.
October 11.2
Our Commission meetings are live streamed at http://www.masonwebtv.com/
Effective May 10, 2022, regular Commission business meetings will be held in-person and via Zoom.
Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be
recognized by the Chair to provide your comments and testimony.
Public comment and testimony can be provided in -person, and you can also e-mail
msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call
(360) 427-9670 ext. 419.
If you need to listen to the Commission meeting via telephone, please provide your telephone number to the
Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 Request for Proposals for Completion of Data for Squaxin Island Tribe News Release by Mark Neary
5. Open Forum for Citizen Input – (3 minutes per person, 15-minute time limit)
Please see above options to provide public comment.
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 – September 19, 2022 and September 26, 2022 Briefing Minutes
8. Approval of Action Agenda
Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item
be removed from the Action Agenda and considered a separate item.
8.1 Approval of Warrants & Treasurer Electronic Remittances
Claims Clearing Fund Warrant # 8090684-8090958 $ 1,389,268.68
Direct Deposit Fund Warrant # 90434-90821 $ 799,367.48
Salary Clearing Fund Warrant # 7006913-7006936 $ 534,259.35
Treasurer Electronic Remittance $ 195,077.47
8.2 Approval to appoint David Dally for a second term on the Mason County Historic Preservation
Commission for a term that will expire November 30, 2025.
8.3 Approval of the Resolution removing the Park Development Partnership Program from the Mason
County Code.
8.4 Approval for the Parks and Trails Manager to replace four mechanical pitching machines located at
Mason County Recreation Area (MCRA) Park for the estimated cost of $23,450.
8.5 Approval to transition from AlertSense to CodeRed and fund the product cost for the first year in
the amount of $15,862.15.
8.6 Approval to place one Community Emergency Response Team (CERT) trailer at each of the
following locations: Port of Shelton, North Mason Fire Authority, and Mason County Public
Works.
8.7 Approval of the extra help position in Human Resources for the imaging project.
8.8 Approval of the Resolution for County Road Projects (CRPs) 2043 Toonerville Bridge
Replacement, 2044 North Fork Goldsborough Bridge Repair, and 2045 Kamilche Point Road
Improvement project; approval of the Resolution replacing Resolution No. 2022-039 revising CRP
2041 Mason Lake Road improvement project no. 2; approval for the County Engineer to request a
Request for Qualifications (RFQ) as needed for consultant services for the projects and to enter into
contracts; and approval for the County Engineer and/or Chair to sign all pertinent documents.
8.9 Approval of the Private Line Occupancy permit granting permission for extending existing utilities
under and across Grapeview Loop Road from 5540 Grapeview Loop Road to parcel no. 12105-51-
21006 and 12105-51-21001.
8.10 Approval for the County Administrator to sign the order for a Ford Explorer Police Interceptor
Utility Vehicle to replace vehicle no. 73 through Enterprise for a total 2023 budget impact of
approximately $44,500.
8.11 Approval of the Hazard Mitigation Assistance Grant No. D23-005 Funding Source Agreement No.
FEMA-DR-4539-10-P and the Request for Qualifications (RFQ) for consultant services.
8.12 Approval for the County Administrator to sign the amended Professional Services Agreement with
Cabot Dow for an additional $20,000 for additional agreement negotiations.
9. Other Business (Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony.
No Public Hearings set for this time.
11. Board’s Calendar and Reports
12. Adjournment
MASON COUNTY
CORRESPONDENCE
To: Board of Mason County Commissioners
From: Cassidy Perkins Reviewed
Department: Support Services Ext: 380
Date: October 10, 2022 Agenda Item # 4.1
ITEM:
Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent in the following: liquor license application notice for
Tuggs and Chuggs, notice of liquor license discontinuation for Teriyaki Wok, Lake Cushman Café, and
Hoodsport Hamburger and Deli.
4.1.2 Advisory Board applications were received from the following: Arthur Whitson for Mason County Clean
Water District, Amanda Gonzales for Housing and Behavioral Health, William Long for Parks and Trails
Advisory Commission, and Blair Schirman for Transportation Improvement Program Citizens Advisory
Panel (TIP-CAP).
4.1.3 Bricklin & Newman LLP sent in a letter regarding land use code amendments.
4.1.4 Anna Wood sent in a Review of Elections Systems to Restore Confidence petition.
4.1.5 Wendy Smith, Executive Director for the Port of Shelton, sent in the Port of Shelton Tax Levy for 2023.
ATTACHMENTS:
Originals (on file with the Clerk of the Board)
NEWS RELEASE
October 11, 2022
MASON COUNTY COMMISSIONERS’ OFFICE
411 N 5TH ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Request for Proposals for Completion of Data for Squaxin Island Tribe
This Request for Proposals (RFP) is for completion of data for the Squaxin Island Tribe
and Mason County Memorandum of Agreement (MOA) which seeks to collect data
addressed within the MOA between Mason County and the Squaxin Island Tribe. A
successful bidder should have experience in Water Resource Inventory Areas (WRIA), be
well versed in GIS, data analysis, and presentation. Examples of work are requested. This
project seeks to complete the data requests outlined in the MOA, specifically to finish work
in Sections 5.2.1 through 5.2.1.6 items 5.3.2 through 5.3.4 and 5.4(a). The project should
commence within two weeks of award of contract and be completed within 90 days unless
otherwise specified.
The entire MOA is available upon request to aid in the application process.
For more information contact David Windom at (360) 427-9670 ext. 260 or at
dwindom@masoncountywa.gov.
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Kevin Shutty,
Chair
______________________
Sharon Trask,
Vice-Chair
______________________
Randy Neatherlin,
Commissioner
Page | 1
BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES
Mason County Commission Chambers, 411 North 5th Street, Shelton, WA
Week of September 19, 2022
Monday, September 19, 2022
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion via
Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot
Dow, and Lindsey Smith were also in attendance.
9:45 A.M. Treasurer – Lisa Frazier
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Lisa discussed the Resolution to cancel outstanding warrants as required by RCW 39.56.040.
Approved to move forward.
9:50 A.M. WSU Extension – Dan Teuteberg
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Dan presented the National 4 -H Week proclamation. Approved to move forward.
9:55 A.M. Support Services – Mark Neary
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Diane Zoren shared the contract renewal with MasonWebTV for live-streaming and video
recording services for Commission meetings. Approved to move forward.
• Diane discussed the amended agreement with MuniCode to move to flat rate pricing. The
annual flat rate fee for 2023 will be $6,475 with a 20% discount for the first year and a $950
hosting fee per year. Approved to move forward.
• Diane requested to appoint Deidra Peterson to fill a vacant spender position on the Lodging
Tax Advisory Committee replacing Heidi McCutcheon. Approved to move forward.
• Jennifer Beierle presented the American Rescue Plan Act (ARPA) score card.
- Belfair sewer extension fully fund for $1.5 million per all three Commissioners.
- Mason County fiber optic infrastructure upgrade fully fund for $425k per all three
Commissioners. Todd Cannon has an updated dollar amount per Mark.
- Belfair water backup generators. Cmmr. Shutty and Trask fully fund for $300k; Cmmr.
Neatherlin fund for $200k. Mark will reach out to see if $200k is sufficient.
- Public Utility District (PUD) No. 1 Vuecrest storage phase 3 fully fund for $750k per all
three Commissioners.
- Belfair sewer Log Yard Road extension design fully fund for $250k per all three
Commissioners.
- Eells Hill yard goats. This is one of the highest priorities for Public Works. Pull for
more discussion.
- North Mason Fire mobile integrated health program startup fully fund for $350k per all
three Commissioners. Mark will reach out to Beau B akken about needs.
- Mason County Housing Authority unit renovation potentially fund for $750k per all three
Commissioners. Cmmr. Trask would like additional documentation. Mark will reach out
to the County lobbyist to see if there are potential funds for this project.
- Community Development records archival and scanning. Cmmr. Trask and Shutty fully
fund for $542k; Cmmr. Neatherlin fund for $300k. Cmmr. Shutty would like additional
discussion. Kell Rowen added that the full amount includes equipment costs and two
full-time temporary staff.
Page | 2
- Shelton young adult transitional housing project fund for $500k per all three
Commissioners. Cmmr. Trask shared this is for the purchase of the building plus closing
costs and may not be the full $500k.
- Mason County emergency and disaster response center. Cmmr. Trask fund for $50k.
Cmmr. Shutty and Neatherlin fund for $51k. Cmmr Shutty would like to look into grant
opportunities and may be willing to fund through the normal budget process out of the
General Fund.
- Camp Sluys Youth Camp fully fund for $30k per all three Commissioners.
- Mason County Sheriff’s Office bearcat. This is the number one priority for the Sheriff’s
Office. Cmmr. Trask and Neatherlin fully fund for $342k.
- City of Shelton Spring Road gravity sewer extension. Cmmr. Shutty and Neatherlin fund
for $125k. The County has partnered with the City before on improving water quality
and additional funding is being sought out through the Community Development Block
Grant (CDBG). Mark will reach out to the City of Shelton.
- Sheriff’s Office personal watercraft project. Cmmr. Neatherlin fund for $50k and would
like the Board to discuss. Cmmr. Shutty shared he is willing to discuss items from the
Sheriff’s Office during the budget workshop.
- Mason County Jail facility. Cmmr. Neatherlin fund for $300k to move this item forward.
• Mary Ransier discussed reorganizing Community Services into the department of Public
Health and Human Services and the department of Community Development creating the
position conversion for the Director of Public Health and Human Services position and the
Community Development Director position. Approved to move forward.
• Cmmr. Shutty shared the request for a letter of support from The Arc of the Peninsulas for
funding of their Healthy Habits program. Approved to move forward.
10:25 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Loretta shared the list of Public Works surplus personal property for vehicles, vehicle
equipment, and miscellaneous parts. Approved to move forward.
• Loretta discussed the Community Development Block Grant (CDBG) for the extension of the
watermain for Evergreen Estates. The community would be required to connect prior to the
closing of the grant.
• Loretta will brief the draft response to the Department of Ecology letter regarding reevaluating
the Stonewater National Pollutant Discharge Elimination System (NPDES) permits.
• Loretta shared that the Peninsula Regional Transportation Planning Organization (PRTPO) is
generating a list of transportation priorities. The Squaxin Island Tribe has brought forward a
$3.3 million project for improvements at Highway 101 and State Route 108 including compact
roundabouts and a pedestrian path with lighting. Items the County can bring forward include
the Johns Prairie/State Route 3 intersection and the North Bay/State Route 3 intersection.
• Loretta discussed a proposal to grant an easement across the Union transfer station and having
a conversation with the Port of Grapeview for parking lot and pedestrian improvements.
10:40 A.M. Community Development – Dave Windom/Kell Rowen
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Kell discussed holding an all-day all staff training day on November 16 2022. Approved to
move forward.
• Kell requested to appoint Jeff Carey to the Planning Advisory Commission (PAC). Approved
to move forward.
10:45 A.M. Executive Session – RCW 42.30.110(1)(i) Litigation
Page | 3
Commissioners Neatherlin, Shutty, and Trask met in executive session for litigation via Zoom
from 11:00 a.m. to 11:15 a.m. Tim Whitehead, Mark Neary, and Dave Windom were also in
attendance.
Respectfully submitted,
McKenzie Smith, Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Kevin Shutty
Chair
_______________________
Sharon Trask
Vice-Chair
_______________________
Randy Neatherlin
Commission
Page | 1
BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES
Mason County Commission Chambers, 411 North 5th Street, Shelton, WA
Week of September 26, 2022
Monday, September 26, 2022
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion from
9:00 a.m. to 9:45 a.m. via Zoom. Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey
Smith were also in attendance.
9:45 A.M. Community Development – Kell Rowen
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Michael MacSems requested to reappoint David Dally to the Historic Preservation
Commission. Approved to move forward.
• Ian Tracy discussed amendment no. 3 for Hood Canal Regional Pollution and Identification
Correction (HCRPIC) with the Hood Canal Coordinating Council (HCCC) to extend the end
date from September 30, 2022 to December 31, 2022 and increase the maximum rebate
amount from $350 to $500 per rebate. Cmmr. Shutty suggested circulating a press release.
Approved to move forward.
• Cmmr. Shutty shared Mason County’s response to Squaxin Island Tribe’s Treatment as a
State application. Approved to move forward.
10:00 A.M. Support Services – Mark Neary
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Mary Ransier requested the temporary promotion of Corrections Support Officer (CSO) Brad
McQuade to Alternative Sentencing Unit (ASU) Coordinator from August 8, 2022 through
December 15, 2022. The position is currently funded. Approved to move forward.
• John Taylor shared the Park Host Needed for Mason County Oakland Bay Park news release.
Approved to move forward.
• Jennifer Beierle discussed the request to award funding from the .09 Rural County Sales &
Use Tax fund to the Economic Development Council for the amount of $90k. Approved to
move forward.
• Cmmr. Neatherlin asked to get quotes for swings at Union and Walker parks. Bud is also
getting quotes for a shelter to put over a park host trailer.
• Cmmr. Shutty discussed increasing membership dues for the HCCC . Current dues are $2,500
annually. Other than dues, HCCC is almost exclusively grant funded. Outside council review
is not billable to those grants. Future dues will be $8k annually.
10:05 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Loretta requested approval for the County Administrator to execute the easement agreement
with the Department of Natural Resources (DNR) across the North Bay Reclamation Facility
parcel for timber harvest. Approved to move forward.
• Loretta discussed granting easement to an individual across parcel no. 32105-21-62000. A
neighboring property owner recently purchased a parcel with no easy access to the property.
Selling the parcel was suggested due to a ravine running diagonally through the parcel. The
parcel is zoned Rural Residential 10 (RR10) and is approximately 13 acres. Cmmr.
Neatherlin added that granting easement access would decrease the value of the parcel.
• Loretta shared a request on improving the parking lot from the Port of Grapeview for the boat
ramp. Conversations have included potential speed reduction and additional signage. The
Page | 2
recommendation from the County Engineer is to move the pedestrian crossing further south
for better sight distance but a crosswalk is not warranted at this time. It is suggested that the
Port have the grant pay for the crosswalk. Mike Collins encouraged the Port to conduct a
traffic study.
• Loretta received a letter from the Department of Ecology about potentially evaluating the
Shelton Urban Growth Area (UGA) for a National Pollution Discharge Elimination System
(NPDES) permit for stormwater and asking for a response from Mason County by the end of
the month.
• Mike Collins discussed adding County Road Projects (CRPs) to the Annual Construction
Program and Six-Year Transportation Improvement Program (TIP).
• Cmmr. Shutty requested an update on gravel road conversions.
Respectfully submitted,
McKenzie Smith, Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Kevin Shutty
Chair
_______________________
Sharon Trask
Vice-Chair
_______________________
Randy Neatherlin
Commission
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Cassidy Perkins Ext. 419
Department: Support Services Briefing: ☐
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): Click or tap here to enter text. Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.1
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Approval of Warrants & Treasurer Electronic Remittances
Claims Clearing Fund Warrant # 8090684-8090958 $ 1,389,268.68
Direct Deposit Fund Warrant # 90434-90821 $ 799,367.48
Salary Clearing Fund Warrant # 7006913-7006936 $ 534,259.35
Treasurer Electronic Remittance $ 195,077.47
Macecom 9/2/2022 $ 165,322.79
Mental Health 9/9/2022 $ 1,226.40
Dispute Resolution Surcharge 9/9/2022 $ 1,125.00
Current Expense 9/21/2022 $ 5,670.00
Trial Court Improvement 9/21/2022 $ 5,670.00
Mental Health Transfer Out 9/13/2022 $ 7,991.71
Prosecutor 9/13/2022 $ 7,991.71
Refund Interest Earned 9/30/2022 $ 79.86
Background/Executive Summary:
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 Commissioners the approval of claims listing warrant
numbers.
Claims Clearing YTD total $ 31,662,042.56
Direct Deposit YTD total $ 14,315,400.68
Salary Clearing YTD total $ 14,316,186.30
Approval of Treasurer Electronic Remittances YTD total $ 7,818,954.40
Mason County
Agenda Request Form
Requested Action:
Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and
Treasurer Electronic Remittance warrants.
Attachments:
Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Michael MacSems Ext. 571
Department: Community Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): September 26, 2022 Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.2
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Reappoint David Dally for a new three-year term on the Mason County Historic Preservation Commission
Background/Executive Summary:
The Mason County Historic Preservation Commission (HPC) is a seven-member commission which serves
to identify and actively encourage the conservation of Mason County’s historic resources.
Currently the HPC has one position that expires November 30, 2022 and an open seat that will expire
November 30, 2023. The term expiring this year is currently occupied by David Dally who has reapplied
for a second term. The empty seat is open until filled. Mason County has received no other applications for
either open seat.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
News Release
Requested Action:
Approval to appoint David Dally for a second term on the Mason County Historic Preservation Commission
(HPC) that will expire November 30, 2025.
Attachments:
Application
HPC Membership Roster
2022 Mason County Historic Preservation Commission
Membership List
Jann Goodpaster – Vice Chair Nov 2024
PO Box 53
Hoodsport, WA 98548
Caleb Cowles Nov 2024
PO Box 301
Matlock, WA 98560
Bill Jensen Nov 2025
30 N Antlers Lodge Ln
Hoodsport, WA 98548
Steven Bass Nov 2025
3490 W Skokomish Valley Rd
Shelton, WA 98584
David Dally Nov 2022
321 SE McComb Way
Shelton, WA 98584
Edgar Huber – Chair, Professional Expertise Nov 2023
111 SE Emerald Dr
Shelton, WA 98584
VACANT
Rhonda Foster – Ex-Officio Member
THPO Squaxin Tribe
70 SE Squaxin Ln
Shelton, WA 98584
Kris Miller – Ex-Officio Member
THPO Skokomish Tribe
541 N Tribal Center
Shelton, WA 98584
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Diane Zoren Ext. 747
Department: Support Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 3, 2022 Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.3
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. 2022-064 Contract No. __________ County Code: 2.50
Item:
Approval to remove the Park Development Partnership Program from the County Code.
https://library.municode.com/wa/mason_county/codes/code_of_ordinances?nodeId=TIT2ADPE_CH2.50
PADEPAPR
Background/Executive Summary:
The Park Development Partnership Program was established in 2007 and allows public entities to apply
for up to $50,000 in funding from Mason County to plan, construct, reconstruct, repair, rehabilitate, and
improve public parks serving persons located within Mason County. However, there are no County
funds identified to fund this program and staff is requesting this Program be removed from County
Code.
Budget Impact (amount, funding source, budget amendment):
None if removed from County Code
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the Resolution to remove the Park Development Partnership Program from the Mason
County Code.
Attachments:
County Code Chapter 2.50
Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.50 PARK DEVELOPMENT PARTNERSHIP PROGRAM
Mason County, Washington, Code of Ordinances Created: 2022-05-28 20:00:10 [EST]
(Supp. No. 59, 5-22)
Page 1 of 6
Chapter 2.50 PARK DEVELOPMENT PARTNERSHIP PROGRAM
2.50.010 General purpose.
The Mason County board of commissioners adopted basic criteria to define the purpose of the par k
development partnership program:
(1)The funds shall be made available to plan, construct, reconstruct, repair, rehabilitate, and improve
public parks serving persons located within Mason County.
(2)A public park is defined as any structure, facility or field that is intended to be used primarily for park
and recreation purposes.
In addition, the commissioners request that this program do the following:
(1)Encourage the leveraging of funds from other sources through community partnerships;
(2)Hold an annual request-for-proposal (RFP) process to solicit project proposals from throughout Mason
County.
(Res. 31-07 § 1, 2007).
2.50.020 Generally.
Public parks are already the focus of many recreation activities. Sometimes a park facility has fallen into
disrepair and needs only a modest investment to rehabilitate it (and perhaps a commitment from a local
organization or the community to help maintain it) in order for the facility to be usable again by the public. Other
public park lands have the same potential for recreational use with a modest investment. These policies stress a
partnership between public entities with suitable property and the surrounding community or neighborhoods
including community recreation organizations.
(1)Eligible Activities. The funds will be available to plan, construct, reconstruct, repair, rehabilitate, and
improve public parks serving persons locat ed within Mason County. Funds are not available for design
work (architectural/engineering services) or permits.
Projects located on publicly owned property are emphasized and the application must be made
by a public entity. Such property may include that which is currently owned by schools, a city or the
county, utility districts, and other public entities.
Maximum award: fifty thousand dollars (per project)
(2)Eligible Geographic Areas. Any area in Mason County is eligible.
(3)Eligible Applicants/Recipients. Because this program emphasizes partnerships, applications for projects
occurring on publicly owned property must be jointly submitted by a community group or recreation
organization and a specific public entity. The partners must develop a use agreement to govern the use
of the property and assign responsibilities. The general public must have access to the facilities. Mason
County will reserve the right to review and recommend changes to the agreement for a funded project.
Agreements must be finalized prior to contracting and release of funds. Mason County will contract
with the public entity for distribution of funds.
Created: 2022-05-28 20:00:10 [EST]
(Supp. No. 59, 5-22)
Page 2 of 6
(4) Matching Requirements. Because the program is designed to leverage funds from other sources, there
is a matching requirement for all projects. Projects that provide more match will generally score or rate
better. Projects must have at least a ten-percent match of the overall project cost estimate. Match will
be evaluated based on its adequacy in completing a quality project more than simply meeting the
program requirements.
Match Criteria:
(A) Timing is important. Match resources must only be used after the project is actually awarded a
notice to proceed. Applicants must keep records of all match expended. Once under contract,
recipients will be asked to report on match expended.
(B) A match may include cash, volunteer labor, donated supplies, equipment, or professional
services such as plans, design work, etc.
(C) A portion of the total resources provided as match must come from the community or recreation
organization itself and must be easily identifiable as resources independent of those provided by
the partnering public entity (city, port district, school district, local government, etc.).
(D) At least fifty percent of the total match must come from the public entity.
(E) All volunteer labor will be valued at fifteen dollars an hour. Volunteer time devoted to
fundraising and completing the project application is not considered part of the match.
(F) Professional services shall be valued at the reasonable and customary value of the product or
service contributed by the professional to the proposed project. Any professional services
claimed as a match must be directly related to the project.
(G) Other assistance or funds (unrelated to this grant program) from Mason County will not be
accepted as part of a match.
(H) The amount and type of match must be appropriate to the needs of the proposed project. The
applicant must be prepared to justify that each element of the matc h, in the amount proposed, is
required to complete the proposed project.
(I) Match contribution may be pledged by donors as opposed to being actually collected and in -
hand. However, the pledged match must be secure; that is, the applicant must have evidence to
support each element of the match from each donor.
(J) All applications will be checked against the list of match requirements. If the match, as described
in the application, does not meet this definition, the application may be considered ineligible.
(Res. 31-07 § 2, 2007).
2.50.030 Evaluation and rating criteria.
Proposed projects which meet the match requirements above will be evaluated and rated based on the
criteria below:
(a) Mason County evaluates proposals using an evaluation team (four to five members) consisting of
Mason County parks staff and members of the parks advisory board. The evaluation team will assess
each project principally on the criteria shown on the table below.
(b) Applicants, using a computer and printer (or equivalent) must respond to the questions individually.
(1) Use white, eight and one-half by eleven-inch paper with one-inch margins.
(2) Use a regular typeface, such as Arial or Times Roman, twelve-point size.
Created: 2022-05-28 20:00:10 [EST]
(Supp. No. 59, 5-22)
Page 3 of 6
(3) At the top of each page, print: application name, project name, and date written.
(4) The total of all evaluation responses must not exceed three single-sided pages.
(5) In order, print the question's number, followed by the question, and then the response. Each
question must have its own separate answer.
(6) The addition of photographs of the project site is encouraged to provide evaluators with a visual
image of the project. (Pictures may be in addition to the three-page printed application.)
Park Development Partnership Program
Number Item Points
1 Need of the project 0—10
2 Need satisfaction—fulfillment 0—10
3 Project design and management 0—10
4 Readiness to proceed 0—5
5 Cost benefit 0—5
6 Project support 0—5
7 Matching shares 0—10
8 Use agreement 0—5
Total Points Possible 60
SCORING CRITERIA FOR PARTNERSHIP PROJECTS
(a) Need. How great is the need for improved parks and recreation facilities?
Does the project address a current deficiency for recreation facilities? (+ 0 to 10 points)
No or very weak need established 0—2 points
Fair to moderate need established 3—5 points
Strong need established 6—8 points
Very high—Exceptional need
established
9—10 points
(b) Need satisfaction—Fulfillment. To what extent will the project satisfy the area needs of the service area
identified in question 1, "need?" (+ 0 to 10 points)
No or very weak need satisfaction
established
0—2 points
Fair to moderate need satisfaction
established
3—5 points
Strong need satisfaction established 6—8 points
Very high—Exceptional need
satisfaction established
9—10 points
(c) Project Design and Management. Is the proposal appropriately designed an d organized for intended uses
and users?
Proposed project is well planned, well designed, and ready for implementation. (+ 0 to 10 points)
Created: 2022-05-28 20:00:10 [EST]
(Supp. No. 59, 5-22)
Page 4 of 6
Poor evidence presented or the design
is inappropriate
0—2 points
Below average—Moderate 3—5 points
Good—Design is adequate or
reasonable
6—8 points
Very good—Excellent—Design is
outstanding
9—10 points
(d) Readiness to Proceed. Is the applicant prepared to begin the project?
Proposed project is ready to move along quickly. (+ 0 to 5 points)
Very large barriers exist that will delay
the project
0 points
Substantial or significant barriers exist 1—2 points
Minimal or ordinary barriers exist to
delay the project
3—4 points
No barriers exist to delay the project 5 points
(e) Cost Benefit. Do the benefits of the project outweigh the costs?
The proposed benefit of the project far outweighs the costs. (+ 0 to 5 points)
No evidence of benefit presented 0 points
Little to modest evidence of a mild net
benefit
1—2 points
Adequate to strong evidence of a
good net benefit
3—4 points
Substantial evidence of an exceptional
net benefit
5 points
(f) Project Support. To what extent do the users and public support the project?
The proposed project is supported by the users and public. Documented by letters of support, public
testimony, positive media coverage, etc. (+ 0 to 5 points)
No or very weak evidence of support
presented
0 points
Minimal or fair specific evidence of
support
1—2 points
Moderate or good support 3 points
Exceptional—Overwhelming support 4—5 points
(g) Matching Shares. To what extent will the applicant match the county funding with contributions from its own
resources?
More support of the project by the applicant will be scored higher to maximize the leveraging of county
funding. (+ 0 to 10 points)
Created: 2022-05-28 20:00:10 [EST]
(Supp. No. 59, 5-22)
Page 5 of 6
0 to 9% of projects value will be
contributed by the applicant
0 points
10% to 15% of the project value will
be contributed by the applicant
2 points
16% to 25% of the project value will
be contributed by the applicant
4 points
26% to 35% of the project value will
be contributed by the applicant
6 points
36% to 45% of the project value will
be contributed by the applicant
8 points
Over 46% of the project value will be
contributed by the applicant
10 points
(h) Use Agreement. The proposed use and maintenance agreement is reliable and sufficient. (+ 0 to 5 points)
Maximum points will be awarded to projects with agreements that clearly delineate responsibilities for
scheduling, maintenance, replacement of worn/broken material or parts, including labor and cost.
A long-term use agreement must be in place between the partners. Use agreement will include a term for
facility maintenance, public access, and recreation programming.
Range ($$$) Years
0—14,999 5
15,000—29,000 8
30,000—50,000 10
No evidence of agreement presented 0 points
An agreement presented with very
few details
1—2 points
Adequate to strong agreement with
some detail
3—4 points
Evidence of an agreement that meets
program expectations
5 points
(Res. 31-07 § 3, 2007).
2.50.040 How award decisions will be made.
Mason County staff and the evaluation committee will evaluate the applications and rank them by score. The
Mason County board of county commissioners will review the evaluations and scoring. Using a projection of total
funds available, the commissioners will recommend which projects should receive funds. The Mason County board
of county commissioners will make the final decisions.
Legal and Contractual Requirements. The Mason County board of county commissioners' decision is not yet
noticed to proceed. Spending authority comes through a Mason County contract.
Mason County will contract with the public entity. At the time of contracting, the following items apply:
(1) A long-term use agreement must be in place between the partners. The use agreement will include a
term for facility maintenance, public access, and recreation programming.
Created: 2022-05-28 20:00:10 [EST]
(Supp. No. 59, 5-22)
Page 6 of 6
Range ($$$) Years
0—14,999 5
15,000—29,999 8
30,000—50,000 10
(2)All necessary construction permits required by the appropriate jurisdiction must be obtained or
identified and being applied for.
(3)Certificate of Insurance. The agency will note Mason County as additional insured during the contract
period and supply Mason County with a certificate of insurance that includes appropriate levels of
insurance as noted in the contract.
(4)State prevailing wages may apply. This may impact a project's proposed budget.
(Res. 31-07 § 4, 2007).
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: John Taylor Ext. 806
Department: Parks & Trails Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 3, 2022 Agenda Date: October 11, 2022
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.4
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Replacement of 4 Mechanical Pitching Machines currently located MCRA.
Background/Executive Summary:
Current pitching machines were purchased in 1998 with an estimated life span of 20 years and are
currently in operation for five years beyond their expected life.
Budget Impact (amount, funding source, budget amendment):
Estimated Cost Per Machine: $ 4,350.00
Total for 4 Machines $ 17,400.00
Ball Distribution System $ 6,050.00
Total Estimated Cost $ 23,450.00
The total cost of the Pitching Machines is budgeted using REET2 funds.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the Parks & Trails Manager to replace four mechanical pitching machines located at the
Mason County Recreation Area (MCRA) Park for the estimated cost of $23,450.
Attachments:
Estimate
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: John Taylor Ext. 806
Department: Emergency Management Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 3, 2022 Agenda Date: October 11, 2022
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.5
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Transition from Alert Sense to CodeRed
Background/Executive Summary:
Mason County is currently using Alert Sense as its primary and only County-wide Emergency and
Disaster Alerting System. After a careful evaluation of four like products, narrowing the potential
systems to two – Alert Sense and CodeRed – the decision has been made to discontinue Alert Sense and
implement CodeRed. Mason County Alert Sense currently has 3000 County enrollees out of a population
of 66,000. Both systems have about the same abilities. However, AlertSense pricing is based on the
number of Admins, which are the key person or people, within a County organization that is authorized to
activate the system. In an effort to sustainably increase enrollments, we are making the system available
to any organization in Mason County. Based on the current pricing model of AlertSense the estimated
cost is estimated at approximately $27,000, with an expectation as organizations enroll their people the
cost will continue to increase. The current plan is for Mason County to transition to CodeRed and fund
the total cost of the system for the first year. The second year MACECOM will assist with the annual
cost. The third year cost will be divided with the organizational uses to assist the expense to Mascon
County and MACECOM.
Budget Impact (amount, funding source, budget amendment):
Alert Sense Basic Project Annually $15,520.00
Alert Sense Estimate with Admins Annually $27,000.00
CodeRed Estimated Cost Annually $ 15,862.15
Public Outreach (news release, community meeting, etc.):
None
Mason County
Agenda Request Form
Requested Action:
Approval to transition from AlertSense to CodeRed and fund the product cost for the first year of
$15,862.15.
Attachments:
Invoice
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: John Taylor Ext. 806
Department: Emergency Management Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 3, 2022 Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.6
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Location of three CERT Response Trailers
Background/Executive Summary:
The tentative locations for the three Community Emergency Response Team (CERT) trailers are:
1 CERT trailer at Port of Shelton
1 CERT trailer at North Mason Fire Authority
1 CERT trailer at Mason County Public Works
The CERT trailers and supplies are inventoried and will be signed for by an appointed individual on a
quarterly basis.
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval to place one Community Emergency Response Team (CERT) trailer at each of the
following locations: Port of Shelton, North Mason Fire Authority, and Mason County Public Works.
Attachments:
CERT Trailer Inventory
CERT Trailers Inventory
Trailer #1
ITEM Description Qty.
Six‐foot folding table 1
Green table covers 2
Green canopy 1
Solar generator 1 1000 watts
Solar panels 2
Bow saw 1
Storage bin 1
Solar work lights 2
Caution Tape 1
Danger tape 1
Portable radios 10 Civilian walkie talkies
Porta Power 1 Manual hydraulic spreader and ram
Rope 60 ft. 2
Poncho, rain 8
Shovel, flat tip 1
Shovel, folding 1
Broom 1
CERT Backpacks 20
4X4 wood
2X4 wood
Trailer #2
ITEM Description Qty.
Six‐foot folding table 0
Green table covers 0
Green canopy 0
Solar generator 0
Solar panels 0
Bow saw 1
Storage bin 1
Solar work lights 2
Caution Tape 1
Danger tape 0
Portable radios 10 Civilian walkie talkies
Porta Power 1 Manual hydraulic spreader and ram
Rope 60 ft. 2
Poncho, rain 6
Shovel, flat tip 1
Shovel, folding 1
Broom 1
CERT Backpacks 20
4X4 wood
2X4 wood
Trailer #3
ITEM Description Qty.
Six‐foot folding table 0
Green table covers 0
Green canopy 0
Solar generator 0
Solar panels 0
Bow saw 1
Storage bin 1
Solar work lights 1
Caution Tape 0
Danger tape 1
Portable radios 4 Civilian walkie talkies
Porta Power 1 Manual hydraulic spreader and ram
Rope 60 ft. 1
Poncho, rain 6
Shovel, flat tip 1
Shovel, folding 1
Broom 1
CERT Backpacks 20
4X4 wood
2X4 wood
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mark Neary Ext. 530
Department: County Administrator Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 3, 2022 Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.7
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Extra Help Request for Human Resources Imaging Project
Background/Executive Summary:
Human Resources (HR) has thousands of physical paper documents that are at risk of fire, flood, image
decomposition, and common misfiling errors. HR has salary savings in their 2022 budget and requests to
hire an extra help person to assist with the scanning of these documents into digital format. The files will
be converted into Optimized Character Recognition (OCR) format to ensure all records will be in the
same location to access digitally and are easily searchable. This project will also provide HR with the
opportunity to ensure we are following the Local Government Common Records Retention Schedule
(CORE) and only hold records for the required amount of time. Holding onto records longer than
necessary puts the County at risk for public disclosure requests.
Budget Impact (amount, funding source, budget amendment):
Funded through salary savings not to exceed $10,000
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the extra help position for the Human Resources imaging project.
Attachments:
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins, PLS, PE, County Engineer Ext. 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 3, 2022 Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.8
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. 2022-065 -- 2022-068 Contract No. __________
Item:
Approve resolutions for County Road Projects (CRP) No. 2043 through 2045 and revise resolution No. 2022-039 for
CRP No. 2041
Background/Executive Summary:
Public Works requests approval to create CRP # 2043 through CRP # 2045 for Bear Creek Dewatto
Road/Toonerville Bridge Replacement, Little Egypt Road/North Fork Goldsborough Bridge Repair, and Kamilche
Point Road improvements. A revision to Resolution No. 2022-039 for CRP #2041, Mason Lake Road, is also
requested to reduce the project length and cost. All projects are on the 2023 Annual Construction Program.
Budget Impact (amount, funding source, budget amendment):
The project description and cost sheet attached provides the estimated cost and local/grant funding for each project.
Local funds will be funded out of the County Road fund.
Public Outreach (news release, community meeting, etc.):
Resolutions will be published in the Shelton Journal.
Requested Action:
Request Board authorize the following:
1.Execute resolutions for County Road Projects 2043, Toonerville Bridge Replacement, CRP 2044,
North Fork Goldsborough Bridge Repair and CPR 2045, Kamilche Point Road Improvement project.
2.Execute a revise resolution for CRP 2041, Mason Lake Road Improvement Project #2 , replacing Resolution
2022-039.
3.County Engineer to request Request for Qualifications as needed for consultant services for the project s and
enter into contract(s).
4.County Engineer and/or the Chair to sign all pertinent documents.
Attachments:
Resolutions, Project Location Maps, Project Descriptions and Cost
PROJECT DESCRIPTIONS AND COSTS
CRP Road Name Mileposts
2043 Bear Creek Dewatto Road 5.28 to 5.30
Project Info: Replacing the existing culvert under the Toonerville Bridge and replacing with full span concrete bridge.
Preliminary Engineering: $600,000 (fed)
Right of Way: $50,000 (fed)
Construction: $1,210,000 (fed)
Project Est. Cost: $1,860,000
Bridge Replacement Advisory Committee (BRAC) funding will fully fund project.
CRP Road Name Mileposts
2044 Little Egypt Road 0.34 - 0.35
Project Info.: Replacing the westerly timber cap on the North Fork Goldsborough Bridge.
Preliminary Engineering: $42,000 (fed)
Construction: $125,000 (fed)
Project Est. Cost: $167,000
Bridge Replacement Advisory Committee (BRAC) funding will fully fund this project.
CRP Road Name Mileposts
2045 Kamilche Point Road 0.02-2.80
Project Info.: Road Improvement Project – Asphalt overlay, upgrading shoulders, road restriping and
any other necessary safety improvements.
Preliminary Engineering: $10,000 (local)
Construction: $1,140,000 (local/fed)
Project Est. Cost: $1,150,000
Surface Transportation Program (STP) funding for this project is estimated at $984,750.
On June 7, 2022 Commissioners executed Resolution 2022-039, approving CRP 2041 Mason Lake Road
Improvement Project #2. The project length was nearly 4-miles anticipating extra Surface Transportation Program
(STP) funds. These funds did not become available.
Public Works wishes to scale back the project based on secured funds, and revise the resolution to change the
mileposts to 6.23 to 7.83.
CRP Road Name Mileposts
2041 Mason Lake Road 6.23 -7.83
Project Info.: Road Improvement (Project #2) - Resurfacing, upgrading shoulders, road restriping and any other
necessary safety improvements.
Preliminary Engineering: $10,000 (local)
Construction: $800,000 (local/fed)
Project Est. Cost: $810,000
Surface Transportation Program (STP) funding for this project is estimated at $692,000.
MASON COUNTY
COMMISSIONERS RESOLUTION NO: _______
COUNTY ROAD PROJECT NO. 2043
WHEREAS, on Mason County Road No. 04670, known locally as the Bear Creek Dewatto
Road and more specifically located in Sec. 1, T. 23N, R 2W, WM at approximately mile post 5.28 to
mile post 5.30; work defined as “construction” in the BARS Manual, Page II-63, et seq, is determined
to be necessary and proper; and,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Replacing the existing culvert under the Toonerville Bridge and replacing with full span
concrete bridge.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW
36.77.020 and/or RCW 36.77.065 and WAC 136-18).
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper, and the estimated costs of said project are herewith set out as follows:
Engineering: $ 600,000
Right of Way $ 50,000
Construction $ 1,210,000
The County Road project herein described in HEREBY DECLARED to be a public necessity, and
the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed
thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070.
ADOPTED this day of 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
______________________________________
Kevin Shutty, Chair
ATTEST:
______________________________________
_________________________________ Sharon Trask, Vice Chair
McKenzie Smith, Clerk of the Board
_________________________________________
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
_________________________________
Tim Whitehead, Ch.
Deputy Prosecuting Attorney
cc: Co. Commissioners
Engineer
JOURNAL: Publ. 1t: 10/20/2022
NE BEAR CREEK
DEWATTO RD
N
E
B
E
A
R
C
R
E
E
K
D
E
W
A
T
T
O
R
D
NE ELFENDAHL PASS RDNE B
E
A
R
C
R
E
E
K
D
E
W
A
T
T
O
R
D
NE TOONERVILLE DRMP 5.28
MP 5.30
CRP 2043 - Toonerville Bridge Replacement
0 0.1 0.2
Miles
MASON COUNTY
COMMISSIONERS RESOLUTION NO: _______
COUNTY ROAD PROJECT NO. 2044
WHEREAS, on Mason County Road No. 04670, known locally as the Little Egypt Road and
more specifically located in Sec. 17 & 18, T. 20N, R 4W, WM at approximately mile post 0.34 to mile
post 0.35; work defined as “construction” in the BARS Manual, Page II-63, et seq, is determined to be
necessary and proper; and,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Replacing westerly timber cap on the North Fork Goldsborough Bridge.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW
36.77.020 and/or RCW 36.77.065 and WAC 136-18).
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper, and the estimated costs of said project are herewith set out as follows:
Engineering: $ 42,000
Right of Way $ -0-
Construction $ 125,000
The County Road project herein described in HEREBY DECLARED to be a public necessity, and
the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed
thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070.
ADOPTED this day of 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
______________________________________
Kevin Shutty, Chair
ATTEST:
______________________________________
_________________________________ Sharon Trask, Vice Chair
McKenzie Smith, Clerk of the Board
_________________________________________
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
_________________________________
Tim Whitehead, Ch.
Deputy Prosecuting Attorney
cc: Co. Commissioners
Engineer
JOURNAL: Publ. 1t: 10/20/2022
W L
ITTLE
EGYPT
RD
W
P
Y
R
A
MI
D
C
T W LITTLE EGYPT RD
MP 0.34
MP 0.35
CRP 2044 - North Fork Goldsborough Bridge Repair
0 0.05 0.1
Miles
MASON COUNTY
COMMISSIONERS RESOLUTION NO: _______
COUNTY ROAD PROJECT NO. 2045
WHEREAS, on Mason County Road No. 14880, known locally as the Kamilche, Point Road
and more specifically located in Sec. 20, 17, 16, 9 &10, T. 19N, R 3W, WM at approximately mile post
0.02 to mile post 2.80; work defined as “construction” in the BARS Manual, Page II-63, et seq, is
determined to be necessary and proper; and,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Road Improvement Project: Asphalt overlay, shoulder improvements, roadway striping and
other necessary safety improvements.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County (RCW
36.77.020 and/or RCW 36.77.065 and WAC 136-18).
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper, and the estimated costs of said project are herewith set out as follows:
Engineering: $ 10,000
Right of Way $ -0-
Construction $ 1,150,000
The County Road project herein described in HEREBY DECLARED to be a public necessity, and
the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed
thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070.
ADOPTED this day of 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
______________________________________
Kevin Shutty, Chair
ATTEST:
______________________________________
_________________________________ Sharon Trask, Vice Chair
McKenzie Smith, Clerk of the Board
_________________________________________
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
_________________________________
Tim Whitehead, Ch.
Deputy Prosecuting Attorney
cc: Co. Commissioners
Engineer
JOURNAL: Publ. 1t: 10/20/2022
MP 7.83
MP 6.23
CRP 2041 - Mason Lake Road Improvement #2
0 0.75 1.5
Miles
MASON COUNTY
COMMISSIONERS RESOLUTION NO: _______
AMENDING RESOLUTION NO, 2020-039
COUNTY ROAD PROJECT NO. 2041
WHEREAS, on Mason County Road No. 52210, known locally as the Mason Lake Road and
more specifically located in Sec. 3,4,8,9,17,18 T. 21N, R 2W, WM at approximately mile post 6.23 to
mile post 7.83; work defined as “construction” in the BARS Manual, Page II-63, et seq, is determined
to be necessary and proper; and,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Roadway re-surfacing and shoulder improvements, roadway striping and other necessary
safety improvements (project also known as Mason Lake Road Improvement Project 2).
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County
(RCW 36.77.020 and/or RCW 36.77.065 and WAC 136 -18).
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper, and the estimated costs of said project are herewith set out as follows:
Engineering: $ 10,000
Right of Way $ -0-
Construction $ 800,000
The County Road project herein described in HEREBY DECLARED to be a public necessity, and
the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed
thereon as by law, provided and in accordance with RCW 36.75.050, 36.80.080 and 36.80.070.
ADOPTED this day of 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
______________________________________
Kevin Shutty, Chair
ATTEST:
______________________________________
_________________________________ Sharon Trask, Vice Chair
McKenzie Smith, Clerk of the Board
_________________________________________
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
_________________________________
Tim Whitehead, Ch.
Deputy Prosecuting Attorney
cc: Co. Commissioners
Engineer
JOURNAL: Publ. 1t: 10/20/2022
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins, PLS, PE, County Engineer Ext. 450
Department: Public Works Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 3, 2022 Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: 8.9
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Private Line Occupancy Permit – Tim MacDonald
Background/Executive Summary:
Tim MacDonald has applied for a Private Line Occupancy Permit to run utilities for a waterline, septic
transport line, power and cable under and along the Grapeview Loop Road. The utilities will sever his two
lots across from his home at 5440 Grapeview Loop Road. The existing utilities are located on parcel
#12105-51-17009 and will benefit parcel # 12105-51-21006 and 12105-51-21001.
Budget Impact (amount, funding source, budget amendment):
An application fee of $200 has been paid to process the purposed Private Line Occupancy Permit.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the Private Line Occupancy Permit granting permission for extending existing utilities under
and across the Grapeview Loop Road from 5540 Grapeview Loop Road to parcels 12105-51-21006 and
12105-51-21001.
Attachments:
Private Line Occupancy Permit
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IN THE MATTER OF THE APPLICATION OF Tim MacDonald
FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE,
AND MAINTAIN Water line, Septic transport, Cable and Power
ALONG AND UNDER Grapeview Loop Road A COUNTY MAINTAINED ROAD
LOCATED IN MASON COUNTY, WASHINGTON
Application of Tim MacDonald with principal residence located at
5440 E Grapeview Loop Road, Allyn, WA 98524, by and through Tim MacDonald, for a
private line utility occupancy permit to construct, operate and maintain a private waterline under
county roads and highways in Mason County, Washington, as set forth in attached Exhibit “A”,
having come before the County Commissioners of Mason County, Washington during a
regularly scheduled public meeting, on the ____day of , 20 , and that it is in
the public interest to allow the private line utility occupancy permit herein granted;
NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy
permit be, and the same is hereby given and granted to operator, and its successors and assigns,
hereinafter referred to as the “Permittee”, for a period commencing from and after the date of
the entry of this order for the purposes, at the location(s), and upon the express terms and
conditions as described herein, and terminating as provided herein.
I. DEFINITIONS
For the purposes of this private line utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right-of-Way published by the
County Engineer (the “Manual”), shall have the same meaning or be interpreted as provided in
Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the
Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12
of the Mason County Code or the Manual refers to the same as may be amended, revised,
updated, re-enacted or re-codified from time to time.
II. GRANT
The County of Mason (hereafter the “County”) hereby grants to the Permittee a non-exclusive
private line utility occupancy permit (hereinafter “Permit”) which, once it becomes effective
shall authorize the Permittee to enter upon the road rights-of-way located within the Permit
Area for the purpose of maintaining, repairing, replacing, which grant shall be limited to the
following described purpose(s): Provide water, cable, power and on-site septic transport
line to drain field between tax parcel 12105-51-17009 to tax parcels 12105-51-21006 &
12105-51-21001.
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Such grant is subject to and must be exercised in strict accordance with and subject to this
Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,
regulations and ordinances. Permittee’s exercise of any rights granted pursuant to the Permit
is subject to the exercise of the County’s police powers, and other regulatory powers as it may
have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit
does not include permission to enter into or upon the road rights-of-way for any purposes others
than the purposes expressly described herein. Permittee has a duty to notify the County of any
change in use or condition of the utility facilities that may affect the status of the utility facilities
as (a) private line(s) or the impact of the utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-
way (hereafter collectively or individually the “Work”), without first applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit, such conditions and regulations as may be necessary for the
protection, preservation and management of the road rights-of-way, including, by way of
example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration
of such road rights-of-way and structures, and for the protection of the County and the public
and the continuity of pedestrian and vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights-of-way or other county property upon plans drawn to scale, hereinafter collectively
referred to as the “map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures, traffic control, traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities, particularly
those located underground or attached to bridges or other structures within the road right-of-
way.
The location, alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit,
public or private property, the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before
the Work was commenced, to the reasonable satisfaction of the County Engineer. The
Permittee shall pay all costs of and expenses incurred in the examination, inspection and
approval of such restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have done
any and all work that they consider necessary to restore to a safe condition such County road
right-of-way or other County property left by the Permittee or its agents in a condition
dangerous to life or property, and the Permittee, upon demand, shall pay to the County all costs
of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that, with regard to Work within the road rights-of-
way:
A. All of Permittee’s utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual, the administrative regulations adopted by the County Engineer, other
County-established requirements for placement of utility facilities in road rights-of-way,
including the specific location of utility facilities in the road rights-of-way, and all applicable
laws, rules, regulations and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the
Manual. Prior to commencement of any Work, Permittee shall submit such plans and
specifications to the County Engineer for review and approval together with the adequate
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exhibit depicting the existing or proposed location of the utility facility in relation to the road,
including right-of-way or easement lines; relationship to currently planned road revisions, if
applicable; and all locations and situations for which deviations in depth of cover (including
the proposed method of protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County, with the construction, operation and maintenance
of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and
structures, located therein, nor with the grading or improvements of such County roads, rights-
of-way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others, including others that
may be installing utility facilities; and
F. The County may require that Permittee’s utility facilities be installed at a particular
time, at a specific place, or in a particular manner as a condition of access to a particular road
or road right-of-way; may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County, or which is installed without prior
County approval of the time, place, or manner of installation and charge the Permittee for all
the costs associated with removal; and may require Permittee to cooperate with others to
minimize adverse impacts on the road and road rights-of-way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law, including to ensure
that the private line utility facilities are constructed and maintained in a safe condition. If an
unsafe condition is found to exist, the County, in addition to taking any other action permitted
under applicable law, may order the Permittee, in writing, to make the necessary repairs and
alterations specified therein forthwith to correct the unsafe condition on a time-table established
by the County which is reasonable in light of the unsafe condition. The County has the right to
correct, inspect, administer, and repair the unsafe condition if the Licensee fails to do so, and
to charge the Permittee therefor. The right of the County to conduct such inspections and order
or make repairs shall not be construed to create an obligation therefore, and such obligation to
construct and maintain its utility facilities in a safe condition shall at all times remain the sole
obligation of the Permittee.
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H. When required by the County, Permittee shall make information available to the
public regarding any Work involving the ongoing installation, construction, adjustment,
relocation, repair or maintenance of its utility facilities sufficient to show (1) the nature of the
work being performed; (2) where it is being performed; (3) its estimated completion date; and
(4) progress to completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC
COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES
AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any
underground work, Permittee will contact the appropriate personnel to have such facilities
located and make arrangements as to protective measures that must be adhered to prior to the
commencement of any work within the road and road rights-of-way. In addition to the liability
terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its
elected and appointed officers, employees and agents harmless against and from all cost,
liability, and expense whatsoever (including, without limitation, attorney’s fees and court costs
and expenses) arising out of or in any way contributed to by any act or omission of Permittee,
its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any
damage to or destruction of any such facilities by Permittee, and/or its contractor, agents and/or
employees, on the County’s property, (2) any injury to or death of any person employed by or
on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-
way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of
service, by a customer or user of services or products of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below, Permittee and its agents may
not enter upon the permit area to perform work for which a utility permit is required, unless and
except upon two-business days’ notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit, Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,
promptly followed by written notice. In all cases, notice to the County shall be given as far in
advance as practical prior to entry or as soon as practicable after entry upon the road right-of-
way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
construction, maintenance, repair, or operation of Permittee’s utility facilities in the road rights-
of-way.
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N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee
or its agents shall immediately notify the County of said discovery and shall protect such
artifacts in a manner as specified by the County. Any such artifact shall be the property of the
County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman-like manner. In the
performance of any Work, including without limitation, the opening of trenches and the
tunneling under county roads, right-of way or other county property, the Permittee shall leave
such trenches, ditches and tunnels in such a way as to interfere as little as possible with public
travel and shall take all due and necessary precautions to guard the same, so that damage or
injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches
and tunnels are left open at night, the Permittee shall place warning lights, barricades and other
appropriate protective devices at such a position as to give adequate warning of such Work.
The Permittee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect, or through any failure or neglect to properly guard or
give warning of any trenches, ditches or tunnels dug or maintained by the Permittee.
VII. POLICE POWERS
The County, in granting this Permit, does not waive any rights which it now has or may hereafter
acquire with respect to county roads, rights-of-way or other county property and this Permit
shall not be construed to deprive the county of any powers, rights or privileges which it now
has or may hereafter acquire to regulate the use of and to control the county roads, right-of-way
and other county property covered by this Permit. The County retains the right to administer
and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve
a particular right to regulate, or reference a particular regulation, shall not be interpreted by
negative implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work, comply with the following requirements:
A. The Permittee shall, by a time specified by the County, protect, support, temporarily
disconnect, relocate, or remove any of its utility facilities when required by the County by
reason of traffic conditions; public safety; road right-of-way construction; road right-of-way
repair (including resurfacing or widening); change of road right-of-way grade; construction,
installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines,
tracks, communications system, other public work, public facility, or improvement of any
government-owned utility; road right-of-way vacation; or for any other purpose where the
County work involved would be aided by the removal or relocation of the utility facilities.
Collectively, such matters are referred to below as the "public work."
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Permittee acknowledges and understands that any delay by Permittee in performing the above
described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage
to the County, including but not limited to, delay claims. Permittee shall cooperate with the
County and its contractors and subcontractors to coordinate such Permittee work to
accommodate the Public Work project and project schedules to avoid delay, hindrance of, or
interference with the Public Work. The County shall make available to the Permittee a copy of
the Six Year Transportation Program and the County’s annual construction program after
adoption each year. It is anticipated these programs will aid the Permittee in planning
construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the
County within the road rights-of-way. The rights granted to the Permittee herein do not
preclude the County, its employees, contractors, subcontractors, and agents from blasting,
grading, excavating, or doing other necessary road work contiguous to Permittee’s utility
facilities; providing that, the Permittee shall be given a minimum of forty-eight (48) hours
notice of said blasting or other work in order that the Permittee may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing
to an imminent danger to health, safety, or property, the County may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior
notice, and charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests
the Permittee to protect, support, temporarily disconnect, remove, or relocate the Permittee’s
utility facilities to accommodate the construction, operation, or repair of the facilities of such
other person, the Permittee shall, after 30 days' advance written notice, take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee’s service, or if the effect of such changes would be to permanently deprive Permittee
of the beneficial enjoyment of this Permit for its intended purposes through interference with
the operation of Permittee’s utility facilities or otherwise, Permittee shall not be required to
relocate its utility facilities. Unless the matter is governed by a valid contract or a state or
federal law or regulation, or unless the Permittee’s utility facilities were not properly installed,
the reasonable cost of the same shall be borne by the Person requesting the protection, support,
temporary disconnection, removal, or relocation at no charge to the County, even if the County
makes the request for such action.
E. The Permittee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings
or other objects. The expense of such temporary removal or raising or lowering of wires shall
be paid by the person requesting the same.
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The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII, paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any Work is performed under this permit which may affect any existing monuments or
markers of any nature relating to subdivisions, plats, roads and all other surveys, the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee’s Work and operations under this Permit. The
method of referencing these monuments or other points to be referenced shall be approved by
the County Engineer. The replacement of all such monuments or markers disturbed during
construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24
and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments
shall be borne by the Permittee.
A complete set of reference notes for monument and other ties shall be filed with the office of
the Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the County,
in either its proprietary or governmental capacity, then the Board of Mason County
Commissioners may, at its option, and by giving thirty (30) days written notice to the Permittee,
terminate this Permit with reference to such county road right-of-way or other County property
so vacated, and the County of Mason shall not be liable for any damages or loss to the Permittee
by reason of such termination. It has been the practice of Mason County to reserve easements
for utilities at the time of road vacation, and will continue to be the practice until such time the
Board of Mason County Commissioners direct a change of practice.
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XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee’s contractors
shall not perform or cause to be performed any Work, unless and until Permittee (to the extent
Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
Permittee’s contractor performs any of the Work in the road right-of-way) provide certificates
of insurance evidencing that Permittee or Permittee’s contractors are in compliance with the
following requirements, including, maintaining insurance in at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,
bodily injury, and property damage. The Commercial General Liability insurance shall be
written on an occurrence basis, with an aggregate limit location endorsement for the Permit
Area, and shall provide coverage for any and all costs, including defense costs, and losses and
damages resulting from personal injury, bodily injury and death, property damage, products
liability and completed operations arising out of the Work. Coverage must be written with the
following limits of liability:
Bodily and Personal Injury & Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained by Permittee’s
contractor to comply with statutory limits for all employees, and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned,
hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and
approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County’s Risk Manager. All coverage shall be listed on one certificate with
the same expiration dates.
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The certificates shall contain a provision that coverages afforded under these policies will not
be canceled until at least 30 days' prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate
or lapse during the period of the Work, then, in that event, the Permittee shall furnish, at least
30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance
as proof that equal and like coverage has been or will be obtained prior to any such lapse or
termination during the balance of the period of the Permit.
The County reserves the right, during the term of the Permit, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this Permit shall be primary and non-contributing
as respects any coverage maintained by the County and shall include an endorsement reflecting
the same. Any other coverage maintained by County shall be excess of this coverage herein
defined as primary and shall not contribute with it. The certificate of insurance must reflect
that the above wording is included in all such policies.
Each insurance policy obtained pursuant to this Permit shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of “A” and a class of “X” or better in the latest
edition of “Best’s Key Rating Guide” published by A.M. Best Company, or such other financial
rating or rating guide approved in writing by the County’s risk manager. In the event that at
any time during coverage, the insurer does not meet the foregoing standards, Permittee shall
give or shall cause its contractors to give prompt notice to the County and shall seek coverage
from an insurer that meets the foregoing standards. The County reserves the right to change
the rating or the rating guide depending upon the changed risks or availability of other suitable
and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this
Permit shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions
for work or incidents occurring within any distance from a railroad track or railroad property,
or on, over, or under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation, pursuant to an endorsement approved of by
the County’s Risk Manager or designee.
Permittee or Permittee’s Contractors’ insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance
must reflect this waiver of subrogation rights endorsement.
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B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded.
C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
hold harmless the county and the county’s legal representatives, officers (elected or appointed),
employees and agents (collectively, “indemnitees”) for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses (including, without limitation, court costs, attorneys’ fees, and costs
of investigation, removal and remediation and governmental oversight costs), environmental or
otherwise (collectively “liabilities”) of any nature, kind, or description, of any person or entity,
directly or indirectly, arising out of, resulting from, or related to (in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee’s occupation and use of the road right of way;
4. permittee’s operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part, by permittee or its agents; or
7. the acts, errors, or omissions of third parties when arising out of the, installation,
construction, adjustment, relocation, replacement, removal, or maintenance of such third party
utility facilities within the road rights-of-way when such work is performed under authority of
the operator’s utility permit or at the direction or under the control of the operator; or
8. any act or omission of permittee or permittee’s agents; or
9. any act or omission of contractor or its employees, agents, or subcontractors
when arising out of the work.
Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any
indemnitee. The only liabilities with respect to which permittee’s obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole
negligence or intentional misconduct of an indemnitee or for liabilities that by law the
indemniteees cannot be indemnified for.
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Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity, relating to any matter covered
by this permit for which permittee has an obligation to assume liability for and/or save and hold
harmless any indemnitee. Permittee shall pay all costs incident to such defense, including, but
not limited to, attorneys’ fees, investigators’ fees, litigation and appeal expenses, settlement
payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said
judgment within ninety (90) days after said suit or action shall have finally been determined if
determined adversely to mason county. upon the permittee’s failure to satisfy said judgment
within the ninety (90) day period, this permit shall at once cease and terminate and the county
of mason shall have a lien upon permittee’s utility facilities and all other facilities used in the
construction, operation and maintenance of the permittee’s utility system which may be
enforced against the property for the full amount of any such judgment so taken against any of
the indemnitees.
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under, along, across, over and upon any
of the County roads, rights-of-way or other County property subject to this Permit and shall in
no way prevent or prohibit the County of Mason from constructing, altering, maintaining or
using any of said roads rights-of-way, drainage structures or facilities, irrigation structures or
facilities, or any other county property or affect its jurisdiction over them or any part of them
with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same
as the County may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges, as well as all obligations
and liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor, heir, administrator,
executor or assign of such party who has acquired its interest in compliance with the terms of
this Permit or under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect
to the Permit and guaranteeing performance under the terms and conditions of the Permit and
that transferee will be bound by all the conditions of the Permit and will assume all the
13
obligations of its predecessor. Such an assignment shall relieve the Permittee of any further
obligations under the Permit, including any obligations not fulfilled by Permittee’s assignee;
provided that, the assignment shall not in any respect relieve the Permittee, or any of its
successors in interest, of responsibility for acts or omissions, known or unknown, or the
consequences thereof, which acts or omissions occur prior to the time of the assignment. No
Permit may be assigned or transferred without filing or establishing with the county the
insurance certificates, security fund and performance bond as may be required pursuant to this
Permit.
XV. ANNEXATION
Whenever any of the County road rights-of-way or other county property as designated in this
Permit, by reason of the subsequent incorporation of any town or city, or extension of the limits
of any town or city, shall fall within the city or town limits; then, except to the extent allowed
by law, this Permit shall terminate in respect to the said roads, rights-of-way or other county
property so included with city or town limits; but this Permit shall continue in force and effect
to all county road rights-of-way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided
at Section XVIII herein and continue in PERPETUITY until terminated or otherwise
superseded by a subsequent franchise, private line utility occupancy permit, master road use
permit or other agreement of the Parties. In the event that it is determined by a court of
competent jurisdiction that, as a matter or law, the term provided for herein is unlawful, this
Permit shall be deemed to have a term for the maximum period allowed by law, and if no such
maximum period is readily and easily capable of being identified, for a term of not longer than
fifty (50) years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a
franchise agreement. Permittee understands and agrees that, unlike a franchise, this Permit may
be terminated by the County with or without cause. This means that the County is not required
to have or provide a reason for the termination and that the County may terminate this Permit
in its sole discretion without penalty to the County and regardless of whether or not Permittee
is or is not in default; provided that, the County may not terminate this Permit for a reason that
is unlawful. The Parties agree that the only condition of termination by the County of this
Permit is that the County must give not less than ninety (90) days written notice to the Permittee
of termination. The County Engineer is authorized to exercise the right of the County to
terminate this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall
automatically terminate upon: (1) assignment of the Permit without the prior written consent of
the County in substantially the form of an Assignment Agreement (obtained by request), (2)
transfer of the utility facilities located with the Permit Area without prior written notice to the
County and mutual acceptance of an assignment of the Permit, (3) conveyance of the real
property or any part thereof benefited by the installation and operation of the utility facilities
14
without prior written notice to the County and mutual acceptance of an assignment of the
Permit, or (4) use of the utility facilities for the benefit of persons other than the owner/operator
in a manner that no longer constitutes a de-minimis use of the road right-of-way.
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de-commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration
of the road right-of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties, Permittee shall remove its utility facilities from the road
rights-of-way and restore the road rights-of-way to the reasonable satisfaction of the County
Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and
de-commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and
completely perform such work, the County may perform or complete such work at the cost of
the Permittee and Permittee shall be obligated to reimburse the County for such work within 30
days of invoice by the County.
F. Remedies. In addition to the right of the County to terminate this Permit, the County
has the right to exercise any and all of the following remedies, singly or in combination, in the
event of Default. “Default” shall mean any failure of Permittee or its agents to keep, observe
or perform any of Permittee's or its agent’s duties or obligations under this Permit:
1. Damages. Permittee shall be liable for any and all damages incurred by
County.
2. Specific Performance. County shall be entitled to specific performance of
each and every obligation of Permittee under this Permit without any requirement to prove or
establish that County does not have an adequate remedy at law. Permittee hereby waives the
requirement of any such proof and acknowledges that County would not have an adequate
remedy at law for Permittee’s commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County
would not have an adequate remedy at law for Permittee’s commission of an Event of Default
hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in
this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the
County to commence an action for equitable or other relief and/or proceed against Permittee
15
and any guarantor for all direct monetary damages, costs and expenses arising from the Default
and to recover all such damages, costs and expenses, including reasonable attorneys’ fees.
Remedies are cumulative; the exercise of one shall not foreclose the exercise of others.
XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated.
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted
hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
“A”, and in accepting the Permit, Permittee warrants that it has carefully read the terms and
conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees
to abide by the same and acknowledges that it has relied upon its own investigation of all
relevant facts, that it has had the assistance of counsel or an opportunity to have assistance of
counsel, that it was not induced to accept a Permit, that this Permit represents the entire
agreement between the Permittee and the County. In the event the Permittee fails to submit the
acceptance as provided for herein within the time limits set forth in this section, the grant herein
is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a “Memorandum of Permit” in substantially the form attached hereto as
Exhibit “A”, shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,
this Permit is not intended nor shall it be construed to create an interest in land or constitute the
grant or conveyance of a real property interest by the County to the Permittee. The requirements
of this Section XIX are intended solely to provide notice of the existence of this Permit and the
terms and conditions there under, including inter-alia, the limitations upon assignment of the
Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor’s tax
identification number of the parcel or parcels benefited by this Permit and a legal description
of each such parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation
of any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit shall be in Mason County,
Washington or the Western District of Washington if an action is brought in federal court,
provided; however, that venue of such action is legally proper.
16
B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of
any Work done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either party of any provision of this Permit shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or either
party’s right to enforce all other provisions of this Permit.
D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to
reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to
which such Party or Parties may be entitled.
E. Amendment. This Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws, such provision will be fully severable and this
Permit will be construed and enforced as if such illegal, invalid or unenforceable provision is
not a part hereof, and the remaining provisions hereof will remain in full force and effect. In
lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically
as a part of this Permit, a provision as similar in its terms to such illegal, invalid or
unenforceable provision as may be possible and be legal, valid and enforceable.
G. Joint and Several Liability. Permittee acknowledges that, in any case in which
Permittee and Permittee’s contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee’s contractors;
provided that, the Permittee is not prohibited from allocating such liability as a matter of
contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
Permit shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail,
return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the
Party and at the address specified below, except as such Party and address may be changed by
providing no less than thirty (30) days' advance written notice of such change in address.
Permittee: Tim MacDonald
5440 E Grapeview Loop Road
Allyn, WA 98524
Grantor: Mason County Public Works
100 W Public Works Drive
Shelton, WA 98584
17
I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon
the County to determine the adequacy or sufficiency of Permittee's plans and specifications or
to ascertain whether Permittee's proposed or actual construction, installation, testing,
maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient
or in conformance with the plans and specifications reviewed by the County. No approval
given, inspection made, review or supervision performed by the County pursuant to this Permit
shall constitute or be construed as a representation or warranty express or implied by County
that such item approved, inspected, or supervised, complies with laws, rules regulations or
ordinances or this Permit or meets any particular standard, code or requirement, or is in
conformance with the plans and specifications, and no liability shall attach with respect thereto.
County and inspections as provided herein, are for the sole purpose of protecting the County’s
rights as the owner and manager of the road rights-of-way and shall not constitute any
representation or warranty, express or implied, as to the adequacy of the design, construction,
repair, or maintenance of the utility facilities, suitability of the permit area for construction,
maintenance, or repair of the utility facilities, or any obligation on the part of the County to
insure that work or materials are in compliance with any requirements imposed by a
governmental entity. County is under no obligation or duty to supervise the design,
construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation
of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure
to perform an obligation set forth herein to the extent such failure is caused by war, act of
terrorism or an act of God, provided that such Party has made and is making all reasonable
efforts to perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to
the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays, and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State
of Washington.
18
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the
Permit Area by Permittee and Permittee’s Contractors, and this Permit supersedes any and all
other agreements of the Parties hereto with respect to all such matters, including, without
limitation, all agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage
arising out of the County’s exercising its authority pursuant to this Permit or other applicable
law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance,
the County may perform the work and bill the Permittee. The Permittee shall pay the amounts
billed within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors
are subject to the same restrictions, limitations, and conditions as if the Work was performed
by the Permittee. The Permittee shall be responsible for all Work performed by its contractors
and subcontractors, and others performing Work on its behalf, under its control, or under
authority of its utility permit, as if the work were performed by it and shall ensure that all such
work is performed in compliance with this Permit, Title 12 MCC, the Manual and other
applicable law, and shall be jointly and severally liable for all damages and correcting all
damage caused by them. It is the Permittee’s responsibility to ensure that contractors,
subcontractors, or other Persons performing work on the Permittee’s behalf are familiar with
the requirements of the Permit, Title 12 MCC, the Manual, and other applicable laws governing
the work performed by them and further, for ensuring that such contractors and subcontractors
maintain insurance as required herein.
R. Survival of Terms. Upon the termination of the Permit, the Permittee shall no longer
have the right to occupy the Permit area. However, the Permittee’s obligations under this
Permit to the County shall survive the termination of these rights according to its terms for so
long as the Permittee’s utility facilities shall remain in whole or in part in the road rights-of-
way, except to the extent the County Engineer has approved abandonment in place. By way of
illustration and not limitation, Permittee’s obligations to indemnify, defend and hold harmless
the County, provide insurance and a performance/payment bond pursuant to Section XI and
Permittee’s obligation to relocate its utility facilities pursuant to Section VIII, shall continue in
effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent
that a County-approved transfer, sale, or assignment of the utility system is completed, and
another entity has assumed full and complete responsibility for the utility facilities or for the
relevant acts or omissions.
19
DATED at Shelton, Washington this day of _____________, 20 .
APPROVED: BOARD OF COMMISSIONERS
MASON COUNTY, WASHINGTON
County Engineer
Chair
Approved as to form:
Vice Chair
______________________________
Chief D.P.A.
______________________________
Commissioner
A-1
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT “A”
MEMORANDUM OF PERMIT
Title: Tim MacDonald Private Line Occupancy Permit
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: Tim MacDonald
Description of Franchise Area: SEE EXHIBIT A-4
Parcel Numbers: 12105-51-17009, 12105-51-21006 & 12105-51-21001
Legal Descriptions: DETROIT #2 - BLK: 20 LOTS 9-12 BLK: 31 TRS 13-14 & 19-20 &
VAC ALLEYS & STS - DPC #14-11 AF #2028858
DETROIT #2 BLK: 21 LOTS 6 - 15
DETROIT #2 BLK: 21 LOTS 1-5 & 16-20
A-2
ACCEPTANCE OF PERMIT
Private Line Utility Occupancy Permit effective , 20 .
I/We, __________am/our the ____________________of parcel(s) _____________
______________________________ and I/we am/are the (Operator and) or (representative
authorized to) accept Permit on behalf of _____________________ I/we certify that this
Permit and all terms and conditions thereof are accepted by _____________________ without
qualification or reservation and guarantee performance hereunder. I/We certify that, to the
best of my/our knowledge, the assessor’s tax identification number of the parcel or parcels
benefited by this Permit and a legal description of each such parcel are as described in the
attached exhibit.
DATED this ____ day of ________________, 20 .
PERMITTEE(S)
_________________________________________
By: _______________________
Title: _______________________
STATE OF __________________ )
) ss.
COUNTY OF _______________ )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as the
________________________ of the ____________________________________ to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
A-3
MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT
THIS MEMORANDUM OF PERMIT is dated as of the ___day of __________, 20 __
between the County of Mason, a legal subdivision of the state of Washington (“County”) and
______________________________________________________________ (Permittee”).
1. Property. County has, pursuant to Private Line Utility Occupancy Permit
granted to Permittee, the right, revocable at the will of the County, to use and occupy certain
road rights-of-way for the construction, installation, adjustment, maintenance, removal, repair,
relocation and operation of Permittee’s utility facilities for the benefit of the herein described
Property, upon the terms and conditions of that certain permit agreement between the parties
accepted the ____ day of ____________, 2022 (the “Permit”), which terms and conditions are
incorporated herein by this reference. The property to be benefited by this permit is situated in
the Mason County, Washington, legally described in Exhibit A attached hereto (herein called
the "Property"). The road right-of-way permit area (“Permit Area”) is also described in attached
Exhibit A.
2. Term. The term of the Permit is in perpetuity unless terminated.
3. Termination. County in its sole discretion may terminate all or part of the Permit
with or without cause upon no less than ninety (90) days written notice to the Permittee.
Further, this Permit will automatically terminate upon assignment without the prior written
consent of the County, or upon transfer of the Property without the prior written consent of the
County to an assignment of the Permit or upon transfer of all or part of the utility facilities
located in the Permit Area without the prior written consent of the County to an assignment of
the Permit.
4. Purpose of Memorandum of Permit. This memorandum of permit is prepared
for the purpose of recordation and notice and in no way modifies the Permit and is in no way
intended to or should be construed to create or convey an interest in land or the road right-of-
way.
DATED this _________ day of _____________, 20 __.
COUNTY OF MASON
County Engineer
Approved as to form:
_______________________________
Chief D.P.A.
A-4
FORM OF MEMORANDUM OF PERMIT
Permit Area Map
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Jennifer Beierle
Ext. 532
Department: Support Services
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 10, 2022
Agenda Date: October 25, 2022
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Order Replacement for Wrecked K-9 Vehicle #73 & Revise the 2023 Motor Pool Rates
Background/Executive Summary:
Mason County Sheriff K-9 vehicle #73, a 2018 Ford Explorer, was wrecked and has been declared a total
loss. This vehicle is owned outright by the County and was scheduled to become a spare patrol vehicle in
2023. There is no payoff necessary to add to the 2022 budget, however, the Sheriff’s Office is requesting
that a replacement Ford Explorer be authorized to order and lease through Enterprise. The total estimated
upfit cost for the replacement vehicle is $31,500 and estimated 2023 lease payment is $13,000 for a total
2023 budget impact of approximately $44,500.
Budget Impact (amount, funding source, budget amendment):
2023 budget impact is estimated at $44,500
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Request the Board Approve the order of a Ford Explorer Police Interceptor Utility vehicle to replace
vehicle #73 through Enterprise for a total 2023 budget impact of approximately $44,500
Attachments:
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: John Taylor
Ext. 806
Department: Emergency Management
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 10, 2022
Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Hazard Mitigation Assistance Grant No. D23-005 Funding Source Agreement No. FEMA-DR-4539-10-P
Background/Executive Summary:
In November 2020 a Hazard Mitigation Grant Program (HMGP) application was submitted under the
January 20, 2020 – February 10, 2020 Severe Winter Storm, Flooding, Landslide, and Mudslide Disaster
to State Emergency Management Division to assist with updating Multi-Jurisdictional Hazard Mitigation
Plan set to expire April 29, 2023. On February 17, 2022 notification was received that the application
was approved and obligated funding for the update of the plan with a Federal share of 75%, Non-Federal
match of 25% (State 12.5% and Local 12.5%).
June 3, 2022 notice was received that the Consolidated Appropriations Act of 2022 included an admin
provision that impacted the Federal cost-share percentage. The Federal share was changed to 90% with
State share 5% (maximum) and Local share 10% (minimum). August 2022 the State received the revised
award letter from FEMA with the County project listed for the 90/10 split. Contract was received
September 29, 2022.
Grant award is $85,000 including Federal, State, and Local matches. Mason County’s match is $4,250
for this grant which will be provided through salaries of participating jurisdictions. The remaining
$80,750 will be used to contract with a consultant. The consultant will assist with collecting all the data
needed from our partners, analysis of local and surrounding hazards, creating hazard mapping profiles
using HAZUS and GIS, conduct public meetings, and assist authoring the 2023 Multi-Jurisdictional
Hazard Mitigation Plan for Mason County.
Budget Impact (amount, funding source, budget amendment):
Increase in revenue for Emergency Management ($80,750) that will be equal to the expense for the
consultant. Matching funds will come from in-kind services of the planning partners and Senior Planner’s
salary.
Mason County
Agenda Request Form
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the Hazard Mitigation Assistance Grant No. D23-005 Funding Source Agreement No.
FEMA-DR-4539-10-P and the Request for Qualifications (RFQ) for consultant services.
Attachments:
Contract
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mary Ransier
Ext. 422
Department: Human Resources
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): October 10, 2022
Agenda Date: October 11, 2022
Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Professional Services Agreement with Cabot Dow Amendment
Background/Executive Summary:
The County has additional agreements opening for negotiations in 2022 and the need to start the process
and collect data is imminent. Additional time is needed for contracts which have moved to mediation.
This amendment will include an additional $20,000.
Budget Impact (amount, funding source, budget amendment):
Supplemental
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the County Administrator to sign the amended Professional Services Agreement with Cabot
Dow for an additional $20,000.
Attachments:
Contract
1
PROFESSIONAL SERVICES AGREEMENT AMENDMENT
BY AND BETWEEN
MASON COUNTY, WASHINGTON
AND
“Cabot Dow Inc”
This Agreement Amendment is entered into by and between Mason County, Washington,
hereinafter referred to as “the COUNTY,” and Cabot Dow Inc, 2712 94th Ave NE, Clyde Hill, WA
98004 a consultant providing labor relations services, hereinafter referred to as the
"CONSULTANT."
WHEREAS, the COUNTY is required by Ch. 41.56 RCW to negotiate in good faith with
regard to the terms and conditions of successor labor contracts with a bargaining units of COUNTY
employees;
WHEREAS, the COUNTY is needing an amendment to the professional services obtaining
the services of a labor consultant to assist in negotiations involving the labor agreement covering
its bargaining units;
WHEREAS, the COUNTY has additional labor agreements opening in 2022 and the need
to begin negotiations and collect data;
NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter
contained, the parties hereto agree to amend the original professional services agreement with an
addition of $20,000.
DATED this _____ day of ____________________________, 20___.
COUNTY OF MASON
_________________________________
Printed Name: Mark Neary; County
Administrator
Date: ___________
CONSULTANT
_________________________________
Printed Name: _____________________
Date: ___________
Address & Phone # _________________
APPROVED AS TO FORM:
______________________________
McKenzie Smith; Clerk of Board
______________________________
Tim Whitehead; Chief Deputy Prosecuting Attorney