HomeMy WebLinkAbout2024/04/01 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION
FOR THE WEEK OF
April 1, 2024
In the spirit of public information and inclusion, the attached is a draft of information for
Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion, and is not all inclusive of
what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
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♦�` �u`"ri BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of April 1, 2024
Monday
Noon WA State Association of Counties Zoom Meeting*
Virtual Assembly
*This is being noticed as a Special Commission meeting because a quorum of the Mason County Commission may
attend this event and notification is provided per Mason County Code Chapter 2.88.020-Special Meetings.
Monday,April 1, 2024
Zoom link available on the Mason County website
Commission Chambers
Times are subject to change,depending on the amount of business presented
9:00 A.M. Support Services—Mark Neary
9:45 A.M. Public Health—Dave Windom
9:50 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioner Discussion—as needed
Friday,April 5, 2024
Civic Center
525 W Cota Street
Shelton, WA 98584
Times are subject to change,depending on the amount of business presented
8:00 A.M. 2024 Legislative Wrap-Up
Commission meetings are live streamed at http://www.masonwebtv.com/and public comment is accepted
via email msmithkmasoncountywa. og_v;mail to Commissioners Office,411 N 5'Street,Shelton,WA
98584;or phone at(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. If special accommodations are needed,contact the Commissioners'office at
Shelton(360)427-9670 ext.419
Briefing Agendas are subject to change,please contact the Commissioners' office for the most recent
version.
Last printed 03/28/24 at 2:03 PM
C:\Users\Colson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S729ZYDJ\2024-04-01.docx
__________________________________________________________________________________________________________
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM ADMINISTRATOR
April 1, 2024
• Specific Items for Review
o Legislative Update – Debora Munguia
o ARPA- Youth Connection Contract Extension - Jenn
o Review of ARPA requests – Jenn
o February Financials – Jenn
o Closeout of CDBG Grant – Jenn
o National Library Week Proclamation – Mark
• Administrator Updates
• Commissioner Discussion
o Staff recognition – Cmmr. Shutty
o HUD Preservation and Reinvestment Initiative for Community Enhancement (PRICE) Grant – Cmmr.
Shutty
o Commission calendar updates
Mason County Administrator
411 North 5th Street
Shelton, WA 98584
360.427.9670 ext. 419
2024 Legislative Session Wrap - Up
Mason County
Debora Munguia
April 1. zoz;
Agenda
Legislative Overview
Highlights of Supplemental Budgets
County Legislative Priorities
Additional Issue Areas of Interest
Looking Ahead and Next Steps
coA�PI?,
Legislative overview
6o-day supplemental budget legislative session
Democrats retain a strong majority in the House and
Senate
Six citizen initiatives delivered to the Legislature
Multiple policy issues
Cr�NN l C4GL
Now-
Operating Supplemental Highlights
Supplemental adds $3 billion in total funding, $4.1 billion in
reserves
Substance Use Disorder: $215 million
Public Schools: $335 million
Childcare and Early Learning: $115 million
Housing/Homelessness Services: $230 million
Climate/Clean Energy: $335 million
Higher Ed/Workforce Development: $135 million
Cr�NN l C4GL
Capital Supplemental Highlights
$1.3 Billion Capital Budget
No new diversions from the Public Works Assistance Account
$95.6 million in federal funding for Broadband Equity, Access, and Deployment Program
projects
$127 million increase for the Housing Trust Fund
$45 million for clean building performance grants for tier i covered buildings and public
buildings
$4 million of clean energy retrofit dollars dedicated to grants for energy audits to tier 1 & Z
buildings.
$42 million for clean energy community grants in vulnerable, overburdened and tribal
communities
$105 million for Community EV Charging Grants
$ZZ million for the Brian Abbott Fish Barrier Removal Board
$25 million for green jobs and infrastructure projects for which local governments are eligible to
apply
$79 million for school construction d
$82.7 million behavioral health community capacity grants
CAPITOL,
CONS 11.7TNG
llebom Munzuia
Transportation Supplemental Highlights
$i Billion increase over Zoz3 budget $31 million traffic safety investments
• $15.7 million to transition diesel school buses to ZEV
• sioo million for preservation of highways
• $150 million for fish passage barrier removal
• $27.2 million for Safe Routes to Schools grants
• $18.5 million for Bicycle and Pedestrian Safety grants
• $326 million cost overruns (SR 520/SR 167/I-405)
• Rio million for additional ferry vessel crew members
• $64 million for terminal electrification and vessel conversions
Cr�NN l C4GL
Mason County Legislative Pr iorities
Utility Improvements
Beards Cove Water, Larsen/Larsen Lake Blvd valve
replacement
North Bay/Case Inlet Utility Relocation
North Bay/Case Inlet Process Controls Update
Recruitment/Training of Correctional Officers
BH/SUD Treatment
HB2296 - 6 month comp plan extension
Cr�NN l C4GL
/ Additional Issue Areas of Interest
Land Use / GMA
Public Defense and Prosecution
Behavioral Health / SUD
Housing
Climate / Environment
i
looking Ahead and Next Steps
2024 General Election
Legislative changes
Initiatives and uncertainty with 2025-27 budgets
Legislative delegation meetings
Interim work
Develop ZOZS Legislative Agenda - WSAC LSC 4/19
- Ak-
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Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Jennifer Beierle Ext. 532
Department: Support Services Briefing: ❑X
Action Agenda: ❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 1,2024 Agenda Date: Click or tap here to enter text.
Internal Review: ❑X 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:
ARPA—Contract amendment for the Youth Connection
Background/Executive Summary:
On October 25t1i,2022,The Board of County Commissioners awarded The Youth Connection$722,000 to
purchase a building and add an elevator to meet ADU requirements. The contract completion date is June
30,2024. The Youth Connection Board Chair, Terri Drexler,is requesting to extend the contract date by
one year,to June 30,2025.
Budget Impact(amount, funding source,budget amendment):
N/A
Public Outreach (news release,community meeting, etc.):
None
Requested Action:
Approve the contract amendment
Attachments
ARPA Contract Amendment, Letter of request from The Youth Connection
a
The
Connection
February 7, 2024
Mason County Board of County Commissioners
Sent Via Email: Kate Campbell kcampbell@masoncountywa.gov
Commissioners:
The Youth Connection is extremely grateful for your grant of ARPA funds to purchase our current
location, 123 S. 2nd Street in Shelton and provide ADA accessibility by installing an elevator for access to
the transitional housing units on the second floor.
As you know,we used a portion of the funds to purchase the building. However, we will not be able to
obligate funds for elevator purchase and installation before expiration of the contract effective date of
June 30, 2024 (Mason County Contract#22-078).
We are currently in the full architectural design phase which we hope to have completed by mid-
summer then submitted to the City of Shelton for permitting. Depending on the length of time to
complete the permit process, we anticipate going out to bid late summer or early fall.
The Youth Connection respectfully ask that you extend our fund obligation date to June 30, 2025 or
later. This would allow us enough time to work through the permit and bidding process.
Thank you for your consideration.
My best wishes,
Terri Drexler
Chair, Board of Directors
(360) 229-0947
terridrexler@outlook.com
1
123 South 2nd Street Shelton, WA 98584 (360) 462-0125 www.sheltonfamilycenter.org
AMERICAN RESCUE PLAN ACT OF 2021
AGREEMENT#22-078
AMENDMENT#1
Between
MASON COUNTY and THE YOUTH CONNECTION
THIS CONTRACT AMENDMENT is made and entered into by and between Mason County,
hereinafter referred to as "COUNTY" and The Youth Connection hereinafter referred to as
"RECIPIENT" for the Acquisition and Renovation Project herein referred to as "PROJECT").
WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding under an
amended Title VI of the Social Security Act to add sections 602 and 603, Subtitle M, Section 9901
of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund("CSLFRF")
for the limited purposes identified in the Interim Final Rule between U. S. Treasury and Mason
County, identified as the Interim Final Rule ("IFR") or 31 CFR Part 35 RIN 1505-AC77
WHEREAS, ARPA authorizes the County to offer funding from receipted ARPA funds for certain
cost projects in response to the COVID-19 public health emergency during the period of July 16,
2021, incurred by December 31, 2024, and expended by December 31, 2026, which may include
expenditures incurred to respond directly to the emergency as well as expenditures incurred to
respond to second-order effects of the emergency, such as providing economic support to those
suffering from employment or business interruptions due to COVID-19, related business closures,
investments to improve water, sewer and broadband infrastructure and support public health
response.
As required under Amendment, Section 16, no amendment or modification to the Agreement will
be effective without prior written consent of the authorized representatives of the parties. This
Amendment will change the completion date requirement to June 30, 2025.
All other terms of the contract remain the same.
All other items listed under"Scope of Services" in the original agreement remain the same.
DATED this day of , 2024.
RECIPIENT NAME MASON COUNTY,WASHINGTON
Mark Neary, County Administrator
Dated: Dated:
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
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Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Jennifer Beierle Ext. 532
Department: Support Services Briefing: ❑X
Action Agenda: ❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 1,2024 Agenda Date: Click or tap here to enter text.
Internal Review: ❑X 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:
ARPA—Remaining funds to be reallocated and funding requests.
Background/Executive Summary:
The American Rescue Plan Act(ARPA)of 2021 provides $350 billion in emergency funding for eligible
state,local,territorial,and tribal governments to respond to the COVID-19 emergency and bring back
jobs. The US Treasury has given Mason County$12,968,901 of the ARPA grant money. The funds came
in two installments and must be obligated by 12/31/2024 and expended by 12/31/2026. Below are the
projects that Mason County has obligated to receive funds as of 6/30/2023 (the remaining funds are
reserved for grant administration):
First Installment:
PUD 1 Customer Arrearages due to COVID $125,000($100,000 Reallocated to HCC Eldon Fiber
Buildout)
HCC Customer Arrearages due to COVID$110,000
Mason County Treasurer Property Tax Reimbursement-individual households $125,000
Mason County Treasurer Property Tax Reimbursement- small businesses $75,000
EDC Small Business Grants $500,000
Crossroads Housing for Assistance to Homeless Veterans $10,000
Mason County Housing Authority Rent Arrearages $100,000
The Arc of the Peninsulas $35,000
Signing Bonus for Corrections Deputies $30,000
MCSO Body Cameras&Install$742,364
PUD 3 Belfair Substation$1,500,000
Public Records Software GovQA$22,700
Mason County Prosecutors Office 2nd floor expansion$75,000
Mason County Jail Elevator Doors$80,000
PUD 1 Agate Beach Water System Mainline $559,000
PUD 1 Vuecrest Storage Upgrade Phase 1 &2 $158,284
CEDS Belfair Water New Well for Commercial Core UGA$450,000
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Mason County
Agenda Request Form
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/A t!
HCC Colony Surf Fiber Buildout$313,556
HCC Eldon Fiber Buildout$601,932
Mason County IT Infrastructure Backbone/Storage upgrade$136,261
Public Works-Beards Cove AC Mainline Replacement$100,000
Public Works-Belfair PS #1 Improvement Project$150,000
Public Works-Belfair PS #3 Improvement Project$180,000 ($90,00 Reallocated to Mason County Utility
Arrearages)
Public Works-Lakeland Pump Station$42,000
Public Works- 70 Grinder Pumps $151,273
Port of Allyn Water Company$100,000
Washington State Association of Counties 2022 Dues $4,000
Mason County Utility Arrearages $90,000
Total Obligated First Installment: $6,376,370
Second Installment:
Belfair Sewer Extension$1,500,000
Mason County Fiber Optic Upgrade$425,000
Belfair Water Backup Generators$300,000
PUD#1 Vuecrest Storage Phase#3 $750,000
Belfair Sewer Log Yard Road Extension Design$250,000
Eels Hill Yard Goats $240,000
North Mason Fire Mobile Integrated Health Program Startup $337,000
Mason County Housing Authority Unit Renovations $750,000
DCD Records Archival&Scanning Project$542,000
Shelton Young Adult Transitional Housing Project$722,000
Mason County Emergency&Disaster Response Center$50,667
Mason County Sheriff's Office Bearcat$342,000
Camp Sluys Youth Camp $30,000
Community Lifeline $34,790
Total Obligated Second Installment: $6,273,457
Grand Total Obligated ARPA Funds: $12,649,827
Some of these projects have leftover funds that will need to be reallocated before the end of 2024.
Attached is a list of the finished projects and remaining funds, as well as the requests for ARPA funding.
Budget Impact(amount, funding source,budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
None
Requested Action:
Start discussions on how to reallocate ARPA funds.
Attachments
Copy of ARPA Briefing Support, List of requests for ARPA funding,Letters from Habitat for Humanity,
Community Lifeline,Mason County Cemetery District#1, and HCC.
ARPA Projects Status as of January 31,2024
Balance
Remaining of Balance
FBOCC Obligated by Completed Remaining of Project Contract
Mason County Project Name Approved Contract Expended Projects Open Projects Complete End Date Notes
PUD 1 Customer Arrearages due to COVID 25,000 25,000 25,000 Yes 12/31/2024
EDC Small Business Grants 500,000 500,000 500,000 Yes 12/31/2021
Mason County Housing Authority Rent Arrearages 100,000 100,000 100,000 Yes 6/30/2024
The Arc of the Peninsulas 35,000 35,000 35,000 Yes 7/31/2024
Community Lifeline 34,790 34,790 34,790 Yes 6/30/2024
MCSO Body Camera install 40,000 40,000 40,000 Yes
Public Records Software GovQA 22,700 22,700 22,700 Yes
Eels Hill Yard Goats 240,000 240,000 240,000 Yes
MCSO Bearcat/Terradyne 342,000 342,000 342,000 Yes
PUD 1 Vuecrest Storage Upgrade Phase 1&2 158,284 158,284 158,284 Yes 12/31/2024
HCC Colony Surf Fiber Buildout 313,556 313,556 313,556 Yes 12/31/2024
HCC Eldon Fiber Buildout 601,932 601,932 601,932 Yes 12/31/2024
PW 70 Grinder Pumps 151,273 151,273 151,273 Yes
Washington State Association of Counties 2022 Dues 4,000 4,000 4,000 Yes
Mason County Treasurer Property Tax Reim-Individuals 125,000 125,000 125,000 Yes
PUD 1 Agate Beach Water System Mainline 559,000 559,000 559,000 Yes 12/31/2024
CEDS Belfair Water New Well for Commercial Core UGA 450,000 450,000 450,000 Yes 12/31/2024
Belfair Sewer Extension 1,500,000 1,500,000 1,500,000 - Yes Project is done-just need accounting from PWs
MCSO Body Cameras 702,364 702,364 702,364 0 Yes
Mason County IT Infrastructure Backbone/Storage upgrade 136,261 136,261 136,098 163 Yes
PW Lakeland Pump Station 42,000 42,000 39,433 2,567 Yes
Jail Elevator and Doors 80,000 80,000 73,591 6,409 Yes
Crossroads Housing for Assistance to Homeless Veterans 10,000 10,000 1,739 8,261 Yes 12/31/2022
PW Belfair PS#3 Improvement Project 90,000 90,000 73,373 16,627 Yes
Prosecutors Office 2nd floor expansion(Originally 700,000) 75,000 75,000 38,424 36,576 Yes
PW Belfair PS#1 Improvement Project 150,000 150,000 67,539 82,461 Yes
HCC Customer Arrearages due to COVID 110,000 110,000 22,739 87,261 Yes 12/31/2024
Camp Sluys Youth Camp 30,000 30,000 30,000 6/30/2024 Project is wrapping up
Shelton Young Adult Transitional Housing Project 722,000 722,000 722,000 - 6/30/2024 Teri looking into a revised contract end date
Mason County Housing Authority Unit Renovation Project 750,000 750,000 385,795 364,205 11/30/2023 MCHA returned$364,205.27 to MC by ck#1384 3/14/24
Signing Bonus for Corrections Deputies-up to$30k approved 30,000 30,000 19,240 10,760 Pay out of GF&Reallocate?
Mason County Utility Arrearages 90,000 90,000 79,239 10,761 Not sure if all w/b expended by June of 2024
Mason County Treasurer Property Tax Reimb. 75,000 75,000 55,930 19,070 Not sure if all w/b expended by June of 2024
PW Beards Cove AC Mainline Replacement 100,000 100,000 100,000 To bid soon,expected to be constructed this summer
Belfair Sewer Log Yard Rd.Extension Design 250,000 250,000 250,000 Expected to be complete by October of 2024
DCD Records Archival Image 542,000 542,000 159,261 382,739 Pay out of GF&Reallocate?
Mason County Fiber Optic Infrastructure Upgrade 425,000 425,000 425,000 There may be leftover funds here
Mason County Emergency&Disaster Response Center 50,667 50,667 44,838 5,829 Will be complete in Feb of 2024
Belfair Water Backup Generators 300,000 300,000 264,808 35,192 6/30/2024 Expected to be complete by March of 2024
Port Of Allyn Water Company 100,000 100,000 100,000 7/31/2024 Waiting on SAM number
North Mason Fire Mobile Integrated Health Program Startup 337,000 337,000 203,413 133,587 Should be expended by June of 2024
PUD 1 Vuecrest Storage Upgrade Phase 3 750,000 750,000 750,000 6/30/2024 May need extension until 9/30/24
PUD 3 Belfair Substation 1,500,000 1,500,000 1,500,000 6/30/2024 Should be complete by deadline
Administration 319,074 319,074 161,468 157,606 Removed over-allocated amount from Administration
Totals: 12,968,901 12,968,901 8,483,827 3,880,543
Request for ARPA funding:
Habitat for Humanity- $200,000 for the next home build
Community Lifeline -$50,000 for washers and dryers
Mason County Cemetery District#1 Twin Firs - $28,485 cemetery expansion project
HCC- Requested the remaining funds from their arrearage project to be applied to the
Eldon Fiber project.
1 Habitat® We build strength, stability, self-reliance and shelter
for Humanity'
of Mason County
November 1"2023
Dear Commissioners,
My name is Melissa Moore. I am the Director of Operations for Habitat for Humanity of Mason
County. Habitat advocates on behalf of those in need of safe, decent, and affordable housing. We focus
on qualifying Homeowners and share in the process of the building, lifting families out of poverty one
family at a time. We also provide refurbishment and preservation repairs to existing homes such as
adding ramps to assist the disabled and minor service repairs for our low income, elderly and veteran
community. Our mission is to connect engage and transform our community by applying inclusive
leadership, diverse partnerships and volunteer opportunities. We promote dignity and fully partner with
current and future homeowners; and in so doing, promote transformational and sustainable community
development.
We are writing to inquirer about the 12.5 million dollars of ARPA funds received by the county
during the Covid Crisis. We recognize this funding has been allocated but understand there is a
possibility that the unused portions of these funds may be available for reallocation in the near future.
We are seeking$200,000 to be applied to our next future build. Currently, Habitat is finishing it's
37th home in Mason County since 2008.The reallocated funding from the county would be used to build
our 38th home on Park street, along with providing the Sidewalks that the City of
Shelton is requiring.
We appreciate your help and timely consideration to provide low income housing to another needy
and deserving family.
Melissa Moore
Melissam@habitatmasomwa.or>?
360-710-4425
1826 Olympic Hwy North 1 11.O.Box 1549 1 Shelton,hVA 98584
Phone: (360)426-8134 1 Email: info,ihabitatmasontva.org I Website:habitatmasonwa.org
Hi McKenzie,
Todd Parker from Mason County Health and Human Services suggested I contact you for possible
funding associated with ARPA.
P
I am a board member at Community Lifeline of Mason County and seeking$50k or so funding for new
washers, dryers and necessary electrical and plumbing infrastructure.
i
Community Lifeline provides emergency shelter, meals, hygiene and case management for homeless
adults in Mason County.
Any help would be greatly appreciated.
i
{ Dan
i
Dan Chandler
206-605-9246
3
Kate Campbell
From: Ken VanB <kenvanb@gmail.com>
Sent: Monday, March 11, 2024 6:53 PM
To: Kate Campbell;Jennifer Beierle
Cc: Sharon Hankinson; Mark Neary
Subject: Re: ARPA funds
Caution: External Email Warning!This email has originated from outside of the Mason County
Network. Do not click links or open attachments unless you recognize the sender, are expecting the
email, and know the content is safe. If a link sends you to a website where you are asked to validate
using your Account and Password, DO NOT DO SO! Instead, report the incident.
Kate and Jennifer, Mason County Cemetery District 1, Twin Firs, would like to submit a cemetery
expansion improvement project for consideration of any available ARPA funds.
It is made up of four components. The components and bid estimates are as follows.
1. Survey work for marking rows and plot lines. $8,000
2. Water lines and hydrants in the expansion area. $8000
3. Installation of 420'for 4' galvanized chain link fence $7985
4. 50,000 square feet of hydroseeding $4500
Total $28,485
We feel these projects can all be completed well before 12/31/2026. We plan to start work as soon as
possible once the weather cooperates.
If there is anything else you need from us please let us know. If the Commissioners would like a briefing
about the project I would be happy to do so. thankyou
Ken VanBuskirk
Cemetery District 1 Commissioner.
On Mon, Feb 12, 2024 at 6:24 PM Ken VanB <kenvanb(cbgmaiLcom>wrote:
Mr. Neary thanks for the quick response. We will discuss it at our next Cemetery meeting. Thanks again.
Ken
On Mon, Feb 12, 2024 at 3:35 PM Mark Neary<MNeary@masoncountywa. ov>wrote:
Ken,
1
If the Cemetery would like to submit a project for consideration by the commissioners, I am sure they
would take a look at it. I don't have a specific timeline for when the commissioners are going to open
up remaining ARPA funds for additional projects. I would recommend if you have a request submit it to
the staff I have cc'd in this email and they will hold onto it for when and if the commissioners open up
the remaining ARPA funds.
My recommendation would be to submit projects that can be completed quickly since the funds are
required to be obligated by December 31, 2024 and spent before 12/31/2026. My interpretation of
"obligated" is you would have to have a contract in hand to have work completed.
Please let me know if you have any additional questions.
Mark
Mark Neary
Mason County Administrator
411 North 51h Street
Shelton, WA 98584
Desk: 360-427-9670 Ext: 530
Mobile: 360-490-6082
mnearyCcbmasoncountywa.gov
From: Ken VanB <kenvanb mail.com>
Sent: Monday, February 12, 2024 11:04 AM
To: Mark Neary<MNearyPmasoncountywa.gov>
Cc: Sharon Hankinson <twinfirs ahoo.com>
Subject:ARPA funds
z
it
Caution: External Email Warning!This email has originated from outside of the Mason County
Network. Do not click links or open attachments unless you recognize the sender, are expecting the
email, and know the content is safe. If a link sends you to a website where you are asked to validate
using your Account and Password, DO NOT DO SO! Instead, report the incident.
Mr. Neary would Cemetery district 1 be eligible for any these funds? thank you Ken
3
eooe Hood Canal
��• COMMUNICATIONS
Keeping our community connected since 1934.
December 27, 2022
Mason County Board of Commissioners
c/o Mark Neary
411 N. 5th Street
Shelton, WA 98584
RE: Request to Reallocate ARPA Funding Request
Dear Mr. Neary,
Hood Canal Communications (HCC) in partnership with Mason PUD No. 1 was awarded ARPA
funding to assist with the Eldon Fiber Broadband project in Mason County. Since the project
was awarded HCC has been faced with material and labor inflation, as well as labor shortages.
These factors have caused a large increase in the bid prices HCC has received. HCC will
continue to match 20%of grant funds awarded to this project.
HCC was awarded $110,000.00 of ARPA funding from Mason County to assist with customer
arrearages. At this time,we have awarded Customer Arrearage Funds due to Covid impacts in
the amount of$22,739.17 to cover past due phone and internet balances. We would like to ask
the Mason County Board of Commissioners to re-allocate$87,260.83 of the funding earmarked
for customer arrearages to offset the overages of the Eldon Fiber Broadband project. HCC has
had success with the Customer Arrearage program but believe that customers will no longer
submit the required documentation for program qualification.
ARPA project updates:
• $22,739.17 awarded to customers to bring their phone and internet accounts current.
• Colony Surf Fiber Buildout project was completed, and 28 customers installed with Fiber
Broadband Service. Customer connections continue into 2023,
• Eldon Fiber Buildout project is under construction. HCC created a free public WiFi hot
spot at the Eldon Store. Residential and commercial fiber connections will begin in 2023,
Could you add our request to an upcoming briefing? Please let me know if you need any
additional information.
Sincerely,
AL ao�
Mike Oblizalo
Vice-President and General Manager
360.898.2481 phone PO Box 249 2218 Olympic Hwy N www.hcc,net
360.898.2244 fax Union, WA 98592 Shelton,WA 98592 Broadband • Video • Voice
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Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Jennifer Beierle Ext. 532
Department: Support Services Briefing: ❑X
Action Agenda: ❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 1,2024 Agenda Date: Click or tap here to enter text.
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:
Mason County Monthly Financial Report for February 2024
Background/Executive Summary:
Review of Cash Balances, and Budget to Actual Revenues and Expenditures for all County Funds
through February 2024.
Budget Impact(amount, funding source,budget amendment):
Budget to Actual Comparison of 2023 &2024
Public Outreach (news release,community meeting, etc.):
N/A
Requested Action:
N/A
Attachments
Mason County Monthly Financial Report for February 2024
AOON CpLjr IrA N�� RUARY
MASON COUNTY MONTHLY
1854r REPORT
FINANCIAL 2024
J:\Financials\2024 Financials\2024 February Financial Report
CO FEBRUARY
MASON COUNTY MONTHLY FINANCIAL
REPORT 2024
2023 vs 2024 Current Expense Revenue Comparison
Revenue Revenue
Department Name 2023 Budget Collected Uncollected %2023 2024 Budget Collected Uncollected %2024 Actual dif 2023
Through End Revenue Through End Revenue vs 2024
of Month of Month
WSU Extension 20,000 (20,000) 0% 33,500 (33,500) 0% -
Assessor 7,000 (7,000) 0% 7,000 125 (6,875) 2% 125
Auditor 1,092,250 183,421 (908,829) 17% 1,339,314 315,210 (1,024,104) 24% 131,789
Emergency Management 139,347 400 (138,948) 0% 137,304 54,812 (82,492) 40% 54,412
Facilities&Grounds - 9,335 9,335 0% - - 0% (9,335)
Human Resources - - 0% - - 0% -
Clerk 378,377 60,368 (318,009) 16% 394,752 28,698 (366,054) 7% (31,670)
Commissioners - - 0% - 0% -
Support Services 86,522 (86,522) 0% 96,299 100 (96,199) 0% 100
District Court 852,300 136,007 (716,293) 16% 873,516 146,136 (727,380) 17% 10,130
Community Development 2,666,374 314,247 (2,352,127) 12% 2,716,206 545,755 (2,170,451) 20% 231,507
Historical Preservation 20,000 1,876 (18,124) 9% 13,000 1,870 (11,130) 14% (6)
Parks&Trails 44,000 13,909 (30,091) 32% 49,000 8,885 (40,115) 18% (5,024)
Juvenile Court Services 1,366,600 237,543 (1,129,057) 17% 1,356,216 273,972 (1,082,244) 20% 36,429
Prosecutor 216,249 19,003 (197,246) 9% 214,015 42,330 (171,685) 20% 23,327
Child Support Enforcement 171,310 17,962 (153,348) 10% 165,000 14,792 (150,208) 9% (3,170)
Coroner 35,000 32,697 (2,303) 93% 35,000 29,775 (5,225) 85% (2,922)
Sheriff 1,143,172 132,814 (1,010,358) 12% 936,596 162,562 (774,034) 17% 29,747
Indigent Defense 240,767 72,154 (168,613) 30% 240,767 87,207 (153,560) 36% 15,053
Superior Court 108,020 18,281 (89,739) 17% 111,951 30,961 (80,990) 28% 12,680
Family Court 2,500 208 (2,292) 8% 2,500 344 (2,156) 14% 136
Therapeutic Court 776,228 64,922 (711,306) 8% 685,446 94,285 (591,161) 14% 29,363
Murder Expenditures - 0% - 0% -
Treasurer 28,417,341 2,975,347 (25,441,994) 10% 29,228,834 3,337,597 (25,891,237) 11% 362,250
Non Departmental 4,709,045 1,626,554 (3,082,491) 35% 5,658,330 986,814 (4,671,516) 17% (639,740)
Motor Pool - - 0% - 0% -
Totals $ 42,492,402 $ 51917,049 $ (36,575,353) 14% $ 44,294,546 $ 60623228 $ (3811321318) 14% 1 245,179
J:\Financials\2024 Financials\2024 February Financial Report 2
I
-= r. MASON COUNTY MONTHLY FINANCIAL FE�RUA �Y
REPORT 2024
Treasurer Department Receipts
Treasurer#001-260-000 2023 Budget 2023 YTD This Month %2023 2024 Budget 2024 YTD This Month %2024
REAL&PERSONAL PROPERTY TAXES 10,389,391 313,646 285,801 3% 10,527,844 632,092 594,075 6%
SALES TAX TITLE PROPERTY - - 0 0% - 0 0%
LOCAL RETAIL SALES&USE TAX 8,400,000 1,523,216 761,134 18% 9,200,000 1,568,798 830,025 17%
LOCAL PUBLIC SAFETY-CITY 50,000 9,700 4,865 19% 51,000 10,098 5,266 20%
CRIMINALJUSTICE 900,000 178,404 89,391 20% 1,000,000 184,689 97,353 18%
LEASEHOLD EXCISE TAX 35,000 490 0 1% 35,000 9,871 9,795 28%
FOREST EXCISE TAX 200,000 133,269 133,269 67% 250,000 2,244 2,244 1%
FRANCHISE FEES 500,000 69,360 0 14% 500,000 88,267 53,199 18%
PAYMENT IN LIEU OF TAX/B OF L 350,000 - 0 0% 350,000 - 0 0%
PUD PRIVILEGE TAX 800,000 - 0 0% 880,000 0 0%
DNR OTHER TRUST 2 100 13 0 13% 100 0 0%
CITY-COUNTY ASSISTANCE 2,500,000 - 0 0% 1,750,000 - 0 0%
DNR PILT NAP/NRCA 4,000 - 0 0% 3,525 a
(307) (307) -9/
CRIMINAL JUSTICE-COUNTIES 775,000 189,710 0 24% 750,000 195,455 0 26%
ADULT COURT COST-JUVENILE OFFE 5,000 705 353 14% 4,500 683 341 15%
CRIMINAL JST-MARIJUANA ENFORCE 125,000 - 0 0% 133,000 - 0 0%
DUI-OTHER CRIMINAL JUSTICE A 17,000 121 0 1% 10,000 3,194 0 32%
LIQUOR/BEER EXCISE TAX 165,000 39,939 0 24% 165,000 39,178 0 24%
LIQUOR CONTROL BOARD PROFITS 200,000 - 0 0% 200,000 - 0 0%
IN LIEU OF-CITY OF TACOMA 210,000 36,127 18,064 17% 210,000 37,933 18,967 18%
TREASURER'S FEES 30 - 0 0% 30 - 0 0%
TREASURER FEES CLEAN WATER DIS 0 0% 1,850 0 0%
PAYMNT FOR SRVCS-MASON LK DIST 375 0 0% 375 0 0%
PAYMNT FOR SRVCS-SPENCER LK FND 150 0 0% 150 0 0%
PAYMNT FOR SRVCS-ISLAND LK FND 100 0 0% - 0 0%
CHARGES FOR SRVCS-MACECOM 1,500 - 0 0% 1,600 - 0 0%
RETURNED REMITTANCE(NSF)FEES 2,500 160 160 6% 2,500 320 120 13%
REET COLLECTION FEES 170,000 13,102 6,858 8% 145,000 15,625 7,154 11%
REET COLLECTIONS COSTS 10,000 1,228 630 12% 8,500 1,128 545 13%
TREAS.FIRE PROTECTION ASSESSM 15,000 744 664 5% 15,000 1,428 1,335 10%
TREAS OTHER WORD PROCESSING 200 18 17 9% 150 1 1 0%
3
Treasurer Department Receipts
Treasurer#001-260-000 2023 Budget 2023 YTD This Month %2023 2024 Budget 2024 YTD This Month %2024
PUBLIC DISCLOSURE CHGS SRVCS 0 0% - 0 0%
DATA PROCESSING SERVICES 0 0% 100 100 0%
GAMBLING TAX PENALTY - - (50) 0% - 150 150 0%
REAL&PERSONAL PENALTY 150,000 12,352 6,308 8% 150,000 19,454 8,902 13%
PERSONAL PROP FILING PEN 30,000 456 371 2% 30,000 3,351 3,059 11%
PENALTY ON REAL&PERSONAL PRO - - 0 0% - 0 0%
FAILURE TO LIST PERSONAL PROP - - 0 0% - 0 0%
INTEREST&OTHER EARNINGS 250,000 338,229 177,252 135% 900,000 432,232 204,349 48%
INVESTMENT SERVICEFEES(TREAS. 10,000 5,758 2,907 58% 35,000 6,128 3,029 18%
INT.ON CONT.NOTES-ACCTS.HELD,S 10,000 7,145 3,730 71% 35,000 8,393 4,244 24%
LEASEHOLD EXCISE TAX INTEREST - 4 0 0% 10 (3) (3) -27%
EXCISE INTEREST 100 3 1 3% 100 70 3 70%
INV PURCHASED INT - (1,123) (547) 0% - (8,284) (8,284) 0%
INTEREST ON DELINQUENT PR TAX 600,000 51,317 27,249 9% 500,000 74,460 43,027 15%
RENTS/LEASES-DNR TRUST 20,000 3,641 527 18% 20,000 - 0 0%
RENTS/LEASES-DNR TMBR TRUST 1 250,000 - 0 0% 250,000 - 0 0%
UNCLAIMED MONEY/PROCEEDS-SALES 100,000 (1,738) 0 -2% - 4,801 4,801 0%
CASH ADJUSTMENTS/OVER-UNDER 10 4 28 41% 500 58 68 12%
TAX DISTRIBUTION ROUNDING 10 - 1 0% 100 (6) (5) -6%
MISCELLANEOUS-OTHER REVENUE 100 - 0 0% 100 - 0 0%
STATE SHARED REVENUE 1,080,000 33,434 33,434 - 9,153 9,146 0%
STATE SHARED REVENUE - - 0 - 8,926 5,709 0%
ROAD DIVERSION 1,600 52 (2,842) 3% 1,080,000 68,762 64,678 6%
SALE OF TAX TITLE PROPERTY 10,000 15,191 15,191 152% - 0 0%
LEASEHOLD EXCISE TAX 1,275 - (52) 0% 1,600 (3,019) (3,027) -189%
TIMBER EXCISE TAX 50 1 1 3% 10,000 (57,006) (57,006) -570%
DNR PILT NAP/NRCA 50 35 35 69% - 0 0%
DNR OTHER TRUST 2 3,800 385 383 10% 50 (42) (42) -84%
OTHER INT-DNR INTEREST 75,000 - (8) 0% 50 (139) (148) -278%
RENTS&LEASES/DNR OTHR TRST 1 (325) 0% 1,200 (1,794) (1,794) -149%
RENTS&LEASES-DNR TMBR TRST 1 0 0% 20,000 (18,843) (18,943) -94%
Grand Total $28,417,341 $2,975,101 1,564,799 10% $29,228,834 $3,337,596 $1,882,2271 11%
Unaudited *Benchmark for Month is 16.67°a
4
MASON COUNTY MONTHLY FINANCIAL FEBRUARY 2024
REPORT
2023 vs 2024 Current Expense Expenditure Comparison
Expenditures Expenditures Unexpended
2023 Budget through End of Unexpended %2023 2024 Budget through End of Budget °/2024 Actual 0 z023 vs
Department Name g g P g g g zoza
Month Budget Authority Month Authority
WSU Extension 383,372 46,399 336,973 12% 394,210 22,586 371,624 6% (23,812)
Assessor 1,475,815 281,679 1,194,136 19% 1,511,722 310,962 1,200,760 21% 29,284
Auditor 1,881,812 275,305 1,606,507 15% 2,121,197 1 378,280 1,742,917 18% 102,975
Emergency Management 359,683 51,050 308,633 14% 529,965 66,275 463,690 13% 15,224
Facilities&Grounds 1,545,159 260,405 1,284,754 17% rl,.161,360
691,493 261,736 1,429,757 15% 1,331
HR/Risk Mngt 875,434 131,326 744,108 15% 991,225 156,035 835,190 16% 24,709
LEOFF 100,000 20,060 79,940 20% 100,000 17,902 82,098 18% (2,158)
Clerk 1,108,905 176,578 932,327 16% 176,116 985,244 15% (462)
Commissioners 390,615 66,986 323,629 17% 396,975 63,115 333,860 16% (3,871)
Support Services 1,064,379 155,158 909,221 15% 1,286,233 182,936 1,103,297 14% 27,778
District Court 1,526,343 221,974 1,304,369 15% 1,615,683 239,159 1,376,524 15% 17,185
Community Development 3,256,041 459,150 2,796,891 14% 3,571,988 560,298 3,011,690 16% 101,148
Historical Preservation 41,150 539 40,611 1% 36,600 472 36,128 1% (67)
Parks&Trails 790,080 113,207 676,873 14% 836,616 122,938 713,678 15% 9,731
Juvenile Court Services 2,155,933 315,668 1,840,265 15% 2,124,006 329,006 1,795,000 15% 13,338
Prosecutor 2,169,613 289,397 1,880,216 13% 2,320,074 312,903 2,007,171 13% 23,505
Child Support Enforcement 174,363 20,287 154,076 12% 167,560 16,434 151,126 10% (3,853)
Coroner 640,942 78,754 562,188 12% 701,125 103,762 597,363 15% 25,008
Sheriff 16,089,917 2,819,947 13,269,970 18% 17,849,534 2,566,971 15,282,563 14% (252,976)
Courthouse Security 309,300 45,702 263,598 15% 307,300 41,819 265,481 14% (3,883)
Indigent Defense 1,538,125 260,836 1,277,289 17% 1,569,583 325,044 1,244,539 21% 64,208
Superior Court 1,275,932 224,777 1,051,155 18% 1,581,693 215,785 1,365,908 14% 8,992)
Family Court 2,500 - 2,500 0% 2,500 638 1,863 26% 638
Therapeutic Court 783,709 78,012 705,697 10% 690,506 111,694 578,812 16% 33,682
Murder Expenditures - 925 (925) 0% - 0% (925)
Treasurer 913,511 191,675 721,836 21% 980,973 225,610 755,363 23% 33,935
Non Departmental 5,856,719 711,908 5,144,811 12% 6,858,237 1,059,870 5,798,367 15% 347,961
Motor Pool - 5,087 (5,087) 0% 0% (5,087)
Transfers Out to Other Funds 464,021 65,112 398,909 14% 565,046 65,791 499,255 12% 679
Totals $ 47,173,373 $ 7,367,903 $ 39,805,470 16% $ 51,963,404 $ 7,934,137 $ 44,029,267 15% 566,235
Unaudited *Senchmarkfor Month is16.671
J:\Financials\2024 Financials\2024 February Financial Report 5
FEBRUARY 2024
Six Year Specific Revenue Streams Comparison
2/28/20,9 2/29/2020 2/28/2021 2/28/2022 2/28/2023 2/29/2024
Community Development Revenues 215,371 411,838 429,745 435,616 314,247 545,755
Detention &Correction Services 26,344 20,452 23,143 13,808 12,163 4,574 205.270.342.30.
Current Expense Property Taxes 269,371 187,860 238,759 107,536 313,646 594,075
Road Diversion Property Tax 53,243 38,835 10,075 (1,692) 33,434 68,762
County Road Property Tax 240,579 162,237 222,540 99,160 311,549 649,876
Current Expense Sales Tax 940,043 1,045,991 1,277,708 1,413,645 1,523,216 1,568,798 001.260.000.313.11
Criminal Justice Taxes/Entitlements 290,690 321,542 350,118 362,608 368,940 384,021 see bottom of revenue
Rural Sales & Use Tax Fund 128,038 139,691 162,361 173,2 77 188,882 194,752 103-313.18
200 000
175,o00 1
50,000 I
125,00, __ _
1AWEA
00,000
M��i----
Com Srvcs-Homelessess Preven Filinqs 90,308 116,065 145,316 123,320 72,862 82,694 117.000.200.341.27:
150,000
125,ao0
I(.)a.o
25,000
50,000
Lodginq (Hotel/Motel)Tax 76,691 63,465 77,318 105,367 102,396 127,257 163-313.31
140,000
120,000
100000
e0000
so:00o
40,000
REET 1 Excise Tax Only 138,188 125,240 205,901 241,296 137,143 177,449 350-318.34.300000
REET 2 Excise Tax Only 138,188 125,240 205,901 241,296 137,143 177,449
250,000
zo0,o00
150,000
00,000
50,000
J:\Financials\2024 Financials\2024 February Financial Report 6
�AgON COLN�� FEBRUARY
MASON COUNTY MONTHLY
FINANCIAL REPORT 2024
REVENUE MONTH 12023 REVENUE 1 2024 REVENUE DIFFERENCE
JANUARY $ 762,082.70 $ 738,772.98 $ (23,309.72)
FEBRUARY $ 761,133.57 $ 830,025.00 $ 68,891.43
MARCH $ 661,034.70
APRIL $ 675,943.00
MAY $ 788,344.00
JUNE $ 763,504.00
JULY $ 808,992.00
AUGUST $ 931,329.00
SEPTEMBER $ 861,616.00
OCTOBER $ 853,005.00
NOVEMBER $ 891,123.00
DECEMBER $ 770,182.00
TOTAL COLLECTED REVENUE $ 9,528,288.97 $ 1,568,797.98 PROJECTED END OF YEAR REVENUE -
REVENUE BUDGETED $ 8,400,000.00 $ 9,200,000.00 $ 9,573,870.68
YET TO BE COLLECTED $ (7,631,202.02)
ANTICIPATED INCREASE $ 373,870.68
12 MONTH ROLLING AVERAGE CHANGE 3.4%
PRIOR MONTH 12 MO. ROLLING AVG CHANGE 3.8%
J:\Financials\2024 Financials\2024 February Financial Report 7
Six
Year Financial Recap
Current Expense Recap 2/28/2019 2/29/2020 2/28/2021 2/28/2022 2/28/2023 2/29/2024
General Fund Operating Reserves 6,520,791 6,817,603 10,044,540 10,044,540 10,191,954 11,249,909
Contingency Reserve 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000
Technology Replacement Reserves 200,000 200,000 200,000 264,295 386,000 400,000
Equipment&Vehicle Replacement Reserves 525,000 525,000 525,000 932,475 790,000 1,000,000
Accrued Leave Reserve 520,000 530,805 347,742 347,742 413,000 500,000
Capital Reserve 5,000,000 5,000,000
Current Expense Unreserved Cash (2,623,636) 1,325,576 2,607,249 7,200,174 7,466,550 6,676,635
This Month Current Expense Cash 6,142,155 10,398,983 14,724,531 19,789,226 25,247,503 25,826,545
Adopted Budget on December 31st 41,404,349 49,581,229 53,464,511 62,188,434 68,492,402 72,294,546
Supplemental Appropriations
Total Budget including Supplementals 41,404,349.00 49,581,229.00 53,464,511 62,188,434 68,492,402 72,294,546
Budgeted Beginning Fund Balance 5,786,719 11,636,958 14,000,000 21,500,000 26,000,000 28,000,000
Budgeted Ending Fund Balance 5,786,719 11,656,660 12,780,888 18,628,587 21,319,029 20,331,142
Revenue Budgets 35,617,630 37,944,271 39,464,511 40,688,434 42,492,402 44,294,546
Revenues thru This Month of each year 3,544,749 3,938,452 4,644,172 4,518,131 5,917,049 6,162,228
Budgeted Revenues Received 10% 10% 12% 11% 14% 14%
Expenditure Budgets 34,721,442 37,924,569 40,683,623 43,559,847 47,173,373 51,963,404
Expenditures thru This Month of each year 5, 442,5 33 5,678,605 6,089,329 6,530,737 7,367,903 7,934,137
Budgeted Expenditures Expended 15% 15%1 15% 15% 16% 15%
8
Special Fund Cash Balances 2/28/2019 2/29/2020 2/28/2021 2/28/2022 2/28/2023 2/29/2024
Rural County Sales&Use Tax Fund(.09) 799,700 881,811 1,147,168 1,525,084 1,931,424 2,170,731
Auditor's 0&M 238,463 256,113 307,035 401,033 445,177 428,259
County Roads Fund 8,941,998 9,768,486 8,852,275 8,490,328 11,289,591 12,689,677
Paths&Trails 259,638 273,127 281,278 289,945 301,387 317,833
Election Equipment Holding 164,984 187,967 236,334 272,359 306,779 154,931
Crime Victims 194,931 205,695 212,391 213,519 191,126 155,788
Victim Witness Activities 24,415 28,124 21,736 13,694 14,952 307
Historical Preservation Fund 36,920 31,043
Community Support Services Fund 796,630 868,178 1,264,818 1,388,655 2,056,647 2,024,096
Abatement/Repair/Demolition Fund 274,511 278,990 278,453 277,453 281,553 294,566
Reserve for Technology Fund 97,328 -
REET&Property Tax Admin Asst 65,691 66,293 68,879 80,897 84,154 74,197
National Forest Safety 39,514 25,186 14,002 1,304 24,118 33,666
Trial Court Improvement Fund 111,983 111,561 71,377 91,832 93,170 114,927
Sheriff Special Funds 240,079 246,016
Sheriff's Boating Program 116,697 155,049 82,314 83,768
Narcotics Investigation 92,997 97,405 94,620 93,114
Mason County Clean Water District 1,477 184,220 182,656
Public Health Fund 339,956 563,508 687,029 1,734,543 3,208,638 3,764,840
American Rescue Plan Act 5,014,673 7,490,392 4,465,903
Law Library 76,860 69,909 57,561 46,574 37,786 25,245
Lodging(Motel/Hotel)Tax Fund 613,193 786,622 803,588 1,195,389 1,768,786 2,123,369
Mental Health Tax Fund 1,405,674 1,322,186 1,533,284 1,742,761 2,219,228 2,509,535
Treasurer's M&O Fund 98,177 114,215 83,215 86,509 111,402 169,251
Veterans Assistance 66,784 42,325 87,150 142,426 205,084 254,964
Skokomish Flood Zone 53,200 89,507 21,789 14,301 7,168 33,030
Mason Lake Management District 139,329 112,979 73,706 68,587 69,728 100,127
Spencer Lake Management District 7,287 7,158 8,471 7,839
Island Lake Management District 20,093 29,941 30,378 28,963 25,994 13,368
Capital Improvement/Reet 1 Fund 1,582,373 1,936,021 1,470,524 1,696,707 2,133,692 1,809,309
Capital Improvement/Reet 2 Fund 21530,052 2,927,128 3,383,263 4,454,226 5,301,597 5,369,227
Mason County Landfill 583,871 719,616 1,199,957 1,925,262 2,732,048 3,795,319
N. Bay/Case Inlet Utility 697,554 1,078,599 1,387,383 1,812,179 2,475,287 3,267,339
N. Bay/Case Inlet Utility Reserve 735
Wastewater System Development 3,986 3,986 3,986
Rustlewood Sewer&Water 241,564 119,371 66,517 140,245 127,186 84,395
Beards Cove Water 417,447 482,339 546,791 617,577 932,023 998,635
Belfair WW&Water Reclamation 120,808 223,844 320,397 1,137,424 2,276,658 6,384,719
Reserve Landfill 480,060 461,448 444,496 443,186 444,282 448,450
Reserve Beards Cove Ulid 192,277 203,018 209,252 216,016
Storm Drain System Development 188,676 181,567 179,591 178,727
Information Technology 192,283 92,349 44,904 58,229 9,392 816,883
Equipment Rental&Revolving Fund 4,062,784 3,768,701 3,193,101 4,562,644 4,689,677 5,557,165
Unemployment Fund 151,662 138,729 158,190 178,413 214,081 215,452
TOTALS 1 26,646,179 28,696,498 28,958,780 40,802,755 53,869,830 61,032,881
i
gos co�,y�F �
MASON COUNTY MONTHLY FINANCIAL FEBRUARY
REPORT 2024
2023 vs 2024 Motor Pool Expenditure Comparison
FUND OR DEPARTMENT 2023 Expenditures Unexpended %2023 2024 Expenditures Unexpended %2024
Budget through End of Budget Budget through End of Budget
Month Authority Month Authority
WSU 2,090 2,656 -566 127.09% 2,138 117 2,021 5.47%
ASSESSOR 32,910 4,887 28,023 14.85% 32,200 4,700 27,500 14.60%
EMERGENCY MANAGEMENT 2,540 111 2,429 4.37% 3,052 276 2,776 9.04%
FACILITIES&GROUNDS 85,685 8,469 77,216 9.88% 60,219 15,849 44,370 26.32%
COMMUNITY SERVICES 66,645 9,012 57,633 13.52% 62,864 9,755 53,109 15.52%
PARKS&TRAILS 45,043 9,347 35,696 20.75% 43,392 7,552 35,840 17.40%
JUVENILE COURT SERVICES 8,570 1,344 7,226 15.68% 17,571 1,206 16,365 6.86%
PROSECUTOR 7,127 1,001 6,126 14.05% 7,128 94 7,034 1.31%
CORONER 50,891 2,292 48,599 4.50% 50,978 2,842 48,136 5.58%
SHERIFF ADMIN 1,354,357 198,430 1,155,927 14.65% 1,609,936 161,626 1,448,310 10.04%
MOTOR POOL 0 0 0 0% 0 0%
Total 001 GENERAL FUND 1,655,858 237,549 1,418,309 14.35% 1,889,478 204,017 1,685,461 10.80%
SHERIFF'S BOATING PROGRAM 0 13 -13 0% 0 13 -13 0%
NARCOTICS INVESTIGATION FUND 0% 0%
COMMUNITY SERVICES HEALTH 47,172 7,009 40,163 14.86% 46,223 7,508 38,715 16.24%
AMERICAN RESCUE PLAN ACT 0 0% 0 0%
TOTAL SPECIAL FUNDS 47,172 7,022 40,150 14.89% 46,223 7,521 38,702 16.27%
Total GENERAL FUND&SPECIAL FUNDS 1,703,030 244,572 1,458,458 14.36% 1,935,701 211,538 1,724,163 10.93%
2023 Expenditures Unexpended %2023 2024 Expenditures Unexpended %2024
TOTAL MOTOR POOL EXPENDITURES BY Budget through End of Budget Budget through End of Budget
OBJECT CODE
Month Authority Month Authority
MOTOR POOL SALARIES&BENEFITS 40,275 3,666 36,609 9.10% 2,409 -2,409 0%
MOTOR POOL SUPPLIES 54,050 8,472 45,578 15.67% 10,150 6,955 3,195 68.52%
MOTOR POOL FUEL 402,0001 45,0681 356,932 11.21% 401,500 49,776 351,724 12.40%
MOTOR POOL LEASE 706,272 113,548 592,724 16.08% 997,655 131,100 866,555 13.14%
MOTOR POOL MAINT-MONTHLY 12,000 4,009 7,991 33.41% 15,874 2,246 13,628 14.15%
MOTOR POOL REPAIRS& MISC. 70,075 14,662 55,413 20.92% 101,467 17,356 84,111 17.11%
MOTOR POOL INSURANCE 16,640 644 15,996 3.87% 27,354 1,696 25,658 6.20%
MOTOR POOL CAPITAL LEASE 147,000 33,960 113,040 23.10% 0 0 0 0%
MOTOR POOL CAP UPFIT 254,718 20,542 234,176 8.06% 381,701 0 381,701 0.00%
Total GENERAL FUND&HEALTH FUND 1 1,703,0301 244,572 1,458,458 14.36% 1,935,701 211,538 1,724,163 10.93%
Unaudited*Benchmark for month is 16.67% 10
MASON COUNTY MONTHLY FINANCIAL
REPORT FEBRUARY 2024
2023 vs 2024 Special and Other Funds Revenue Comparison
Revenue Revenue
Fund Fund Name 2023 Budget Collected Uncollected %2023 2024 Budget Collected Uncollected %2024 Actual dif 2023
No. Through End Revenue Through End Revenue vs 2024
of Month of Month
103 Sales&Use Tax 963,000 202,949 (760,051) 21% 1,180,000 216,099 (963,901) 18% 13,151
104 Auditor's 0&M 127,250 9,109 (118,141) 7% 85,250 11,530 (73,720) 14% 2,421
105 County Road 21,099,126 2,459,474 (18,639,652) 12% 23,521,200 3,148,571 (20,372,629) 13% 689,096
106 Paths&Trails 9,707 2,785 (6,922) 29% 10,518 3,120 (7,398) 30% 335
109 Election Equipment Holdings 42,250 12,071 (30,179) 29% 53,000 37,233 (15,767)1 70% 25,162
110 Crime Victims 59,010 17,242 (41,768) 29% 59,010 11,380 (47,630) 19% (5,862)
114 Victim Witness Activities 51,191 11,228 (39,963) 22% 55,370 - (55,370) 0% (11,228)
117 Community Support Services 2,254,928 546,230 (1,708,698) 24% 3,743,618 523,758 (3,219,860) 14% 192,472)
118 Abatement 1,200 1,922 722 160% 13,000 2,597 (10,403) 20% 674
120 1 REET&Property Tax Admin 25,750 2,999 (22,751) 12% 25,000 3,225 1 (21,775) 13% 227
134 1 National Forest Safety 21,500 - (21,500) 0% 22,000 - (22,000) 0% -
135 Trial Court Improvements 22,684 30 22,652 0% 23,000 - (23,000) 0% (30)
141 Sheriff's Boating Program 38,800 - (38,800) 0% 38,800 32,023 (6,777) 83% 32,023
142 Narcotics Investigation Fund 6,500 522 (5,978) 8% 6,500 38 (6,462) 1% (484)
i
145 Mason County Clean Water District 190,000 8,040 (181,960) 4% 190,000 16,009 (173,991) 8% 7,969
150 Community Services Health 3,349,997 1,534,083 (1,815,914) 46% 4,156,136 1,892,928 1 (2,263,208) 46% 358,846
155 jAmerican Rescue Plan Act 22,500 57,526 35,026 256% 50,000 42,407 (7,593) 85% (15,119)
160 Law Library 23,260 5,745 (17,515) 25% 23,260 4,394 (18,866) 19% (1,350)
163 Lodging Tax(Hotel/Motel) 600,750 106,817 (493,933) 18% 710,000 142,185 (567,815) 20% 35,368
164 Mental Health 1,414,765 232,048 (1,182,717) 16% 1,451,758 250,906 (1,200,852) 17% 18,857
180 Treasurer's M&O Fund 274,062 22,405 (251,657) 8% 231,800 60,626 (171,174) 26% 38,221
190 Veterans Assistance 146,524 7,406 (139,118) 5% 152,467 11,236 1 (141,231) 7% 3,829
192 Skokomish Flood Zone 6,897,203 - (6,897,203) 0% 6,414,540 - (6,414,540) 0% -
194 Mason Lake Mngmt Dist#2 39,990 1,701 (38,289) 4% 43,675 3,477 (40,198) 8% 1,775
195 Spencer Lake Mngmt Dist#3 16,036 794 (15,242) 5% 17,185 733 (16,452) 4% (61)
199 Island Lake Mngmt Dist#1 100 176 76 176% 100 113 13 113% (63)
350 REET 1 Capital Improvements 1,866,000 152,387 (1,713,613) 8% 1,580,000 197,411 (1,382,589) 12% 45,024
351 REET 2 Capital Improvements 1,813,000 176,420 (1,636,580) 10% 1,700,000 231,652 (1,468,348) 14% 55,232
402 Mason County Landfill 7,216,147 1,000,566 (6,215,581) 14% 7,145,106 1,122,075
(6,023,031) 16/ 121,508
403 N.Bay/Case Inlet Utility 2,337,004 405,997 (1,931,007) 17% 2,139,353 382,061 (1,757,292) 18% (23,936)
411 Rustlewood Sewer&Water 576,560 109,892 (466,668) 19% 556,436 120,979 (435,457) 22% 11,087
412 Beards Cove Water 367,564 45,776 (321,788) 12% 268,334 55,079 (213,255) 21% 9,303
413 Belfair WW&Water Reclamation 3,707,003 387,471 (3,319,532) 10% 3,137,303 3,259,239 121,936 104% 2,871,768
428 Reserve Landfill 700 3,066 2,366 438% 20,000 4,036 1 (15,964) 20% 969
429 Reserve Beards Cove ULID - 0% - - 0% -
480 Storm Drain System Development - - - 0% - - 0% -
500 Information Technology Dept 1,151,233 (1,151,233)1 0% 1,300,000 650,000 (650,000) 50% 650,000
501 Equipment Rental&Revolving 2,812,088 262,265 (2,549,823) 9% 2,010,678 71,601 (1,939,077) 4% (190,665)
502 Unemployment Fund 76,204 - (76,204) 0% 79,202 - (79,202) 0%
Totals $59,621,586 7,787,143 $ (51,789,137) 13% $62,213,599 12,508,722 $ (49,704,877) 20% 4,721,579
Unaudited "Benchmark for Month is 16.67%
J:\Financials\2024 Financials\2024 February Financial Report 11
MASON COUNTY MONTHLY FINANCIAL
C)4 REPORT FEBRUARY 2024
2023 vs 2024 Special and Other Funds Expenditure Comparison
Fund Expenditures Expenditures
Fund Name 2023 Budget through End of Unexpended %2023 2024 Budget through End of Unexpended %2024 Actual 2023
No. Month Budget Authority Month Budget Authority vs z0z4
103 Sales&Use Tax 678,711 111,957 566,754 16% 792,509 451,958 340,551 57% 340,001
104 Auditor's 0&M 111,635 41,027 70,608 37% 117,306 48,184 69,122 41% 7,156
105 County Road 23,793,040 3,066,263 20,726,777 13% 26,198,341 3,133,473 23,064,868 12% 67,210
106 Paths&Trails 2,047 452 1,595 22% 2,439 552 1 1,887 23% 101
109 Election Equipment Holdings 51,642 354 51,289 1% 64,910 11,981 52,929 18% 11,627
110 Crime Victims 106,491 14,868 91,623 14% 109,991 18,003 91,988 16% 3,135
114 Victim Witness Activities 52,740 4,926 47,814 9% 60,317 - 60,317 0% (4,926)
117 Community Support Services 2,456,488 502,283 1,954,205 20% 3,743,818 799,562 2,944,256 21% 297,280
118 Abatement 54,155 278 53,877 1% 54,312 313 53,999 1% 35
120 REET&Property Tax Admin 110,750 14,705 96,045 13% 110,000 27,192 82,808 25% 12,487
134 National Forest Safety 36,500 382 36,118 1% 52,000 950 51,050 2% 568
135 Trial Court Improvements 53,715 155 53,560 0% 53,847 186 53,661 0% 30
141 Sheriff's Boating Program 42,083 1,075 41,008 3% 39,601 1,575 38,026 4% 500
142 Narcotics Investigation Fund 5,869 457 5,412 8% 5,958 554 5,404 9% 97
145 Mason County Clean Water District 190,153 - 190,153 0% 195,447 1,309 194,138 1% 1,309
150 Community Services Health 4,077,531 649,499 3,428,032 16% 4,185,615 872,853 3,312,762 21% 223,353
155 lAmerican Rescue Plan Act 10,000,000 131,226 9,868,774 1% 5,050,000 374,060 4,675,940 7% 242,835
160 Law Library 34,856 6,133 28,723 18% 36,819 6,547 30,272 18% 414
163 Lodging Tax(Hotel/Motel) 988,514 12,013 976,501 1% 470,562 94,527 376,035 20% 82,515
164 Mental Health 1,464,058 50,078 1,413,980 3% 1,595,426 185,865 1,409,561 12% 135,786
180 Treasurer's M&O Fund 354,062 18,459 335,603 5% 366,704 17,924 348,780 5% (535)
190 Veterans Assistance 252,000 21,702 230,298 9% 352,467 26,918 325,549 8% 5,215
192 ISkokomish Flood Zone 6,914,198 3,865 6,910,334 0% 6,414,540 8,800 6,405,740 0% 4,935
194 Mason Lake Mngmt Dist#2 129,990 350 129,640 0% 103,675 375 103,300 0% 25
195 Spencer Lake Mngmt Dist#3 20,201 163 20,038 1% 27,185 181 27,004 1% 19
199 Island Lake Mngmt Dist#1 35,100 160 34,940 0% 12,100 175 11,925 1% 15
350 REET 1 Capital Improvements 2,101,804 332,174 1,769,630 16% 2,071,184 624,348 1,446,836 30% 292,174
351 REET 2 Capital Improvements 2,103,875 88,061 2,015,814 4% 2,101,187 869,681 1,231,506 41% 781,620
402 Mason County Landfill 6,760,452 901,045 5,859,407 13% 6,497 847,589 (841,091) 13045% (53,456)
403 N.Bay/Case Inlet Utility 2,235,214 168,250 2,066,964 8% 2,842,408 168,702 2,673,706 6% 452
405 Wastewater System Development - - 0% - - 0% -
411 Rustlewood Sewer&Water 677,661 54,843 622,818 8% 626,387 59,346 567,041 9% 4,503
412 Beards Cove Water 335,427 30,421 305,006 9% 355,731 44,617 311,114 13% 14,196
413 Belfair WW&Water Reclamation 7,142,083 726,274 6,415,809 10% 2,529,344 539,147 1,990,197 21% (187,127)
428 Reserve Landfill 300,950 238 300,713 0% 31,373 3,911 27,462 12% 3,674
429 Reserve Beards Cove ULID - - - 0% - - 0% -
480 Storm Drain System Development - - - 0% - - 0%
500 Information Technology Dept 1,174,995 242,689 932,306 21% 1,372,546 183,526 1,189,020 13% (59,163)
501 Equipment Rental&Revolving 3,345,768 298,723 3,047,045 9% 3,231,269 298,938 2,932,331 9% 216
502 Unemployment Fund 276,204 476 275,728 0% 279,202 25,634 253,568 9% 25,158
Totals $ 78,470,962 $ 7,496,022 $ 70,974,940 10% $ 65,663,017 $ 9,749,457 $ 55,913,560 15% 1 2,253,435
Unaudited *Benchmark for Month is 16.67%
J:\Financials\2024 Financials\2024 February Financial Report 12
CWO
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Jennifer Beierle Ext. 532
Department: Support Services Briefing:
Action Agenda: ❑X
Public Hearing:
Special Meeting: ❑
Briefing Date(s): April 1,2024 Agenda Date: April 9,2024
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•
Approval to set a public hearing on May 7,2024,to review final project performance and close out the
state CARES Act Community Development Block Grant(CDBG) CV—Coronavirus Funds Grant which
ends June 30,2024.
Backsround/Executive Summary:
CDBG-CV 1 grants funded local public services and microenterprise assistance programs; and public
health, emergency response, or temporary housing facilities that addressed COVID-19 impacts, and grant
administration. CDBG funded activities benefited low- and moderate-income persons or met the CDBG
urgent need national objective criteria.
The County made these CV 1 funds available to the Community Action Council of Lewis,Mason, and
Thurston counties (CAC)as grant subrecipient.
Budget Impact(amount, funding source,budget amendment):
None
Public Outreach(news release,community meeting, etc.):
CDBG grant closeout requires Public Hearing notice in the official county newspaper at least 14 days
prior to the hearing.
Requested Action:
Approval to submit Public Hearing notice to the Shelton-Mason County Journal for publication on
Thursday,April 18,2024, and Thursday,April 25,2024, and to set a public hearing on Tuesday, May 7,
2024.
Attachments:
Proposed Notice of Public Hearing
Contract Close Out Report
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton,
WA 98584 on May 7,2024 at 9:15 am.
SAID HEARING will be to review and receive comments on the final project performance
using $1,079,870 Community Development Block Grant — Coronavirus (CDBG-CV) funds for
public health, emergency response, or temporary housing facilities that addressed COVID-19
impacts.
Public testimony will be available in-person or via Zoom. The URL is available on the County
website hqs://www.masoncggRt)L)va.gov/ to sign into the meeting. Please use the "raise hand"
feature to be recognized by the Chair to provide your testimony. You can also email testimony to
msmith&masoncountywa.gov or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA
98584; or call(360)427-9670 ext. 230.
If special accommodations are needed,please contact the Commissioners' office, (360) 427-
9670 ext. 419.
DATED this 9 day of April, 2024.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board
Bill: Non-Departmental
411N5thSt
Cc: Commissioners
Shelton Journal: Publ. 2t: April 18, 2024 &April 25, 2024
Areh Washington State
9409 Coi=erce
Community Development Block Grant — Coronavirus
CONTRACT CLOSE OUT REPORT
1. Contract Number: 20-6221C-118
2. Grantee Jurisdiction: Mason County
3. Chief Administrative Official and Title: Mark Neary, County Administrator
4. CDBG Contract End Date or Project Completion Date: 06/30/2024
5. Final Public Hearing Date: May 7, 2024
6. Brief project summary and results achieved:The COVID-19 funding provided through this grant has assisted
numerous Lewis and Mason County residents during the pandemic with past due rent, utilities, and
mortgage payments. This ensured that they kept safe and stable housing during this time of need.
7. Physical address and/or service area of the project/activity(s): Mason and Lewis Counties
The chief administrative official of the grantee jurisdiction certifies that:
1. The financial information and data provided in this report is accurate as of the signature date indicated
below.
2. The project was completed in accordance with the grant contract and scope of work.
3. A final public hearing was conducted to assess project performance.
4. Records supporting the information provided in this report will be maintained for a minimum of six(6)
years from final close out and made available upon request.
5. The CDBG Program can use or reproduce all media material provided by the grantee.
In the event audits disclose disallowable costs,the Washington State Department of Commerce shall retain
the right to recover an appropriate amount of costs after fully considering the recommendations on
disallowed costs resulting from the final audit.
Signature:
Chief Administrative Official Date
FINANCIAL SUMMARY
Budget Summary
HUD IDIS Activity Number,
Budget Code and Description
(see the project A-19 invoice voucher information) Expenditures
IDIS Activity# Budget Code and Description Budget Amount Funds Expended Balance*
8250 21A General Administration $ 18,000.00 $1,596.96 $16,403.04
8251 05Q Subsistence Payments $ 1,061,910.00 $1,061,910.00 $0
$ $ $
Total CDBG $ 1,079,910.00 $ 1,063,506.96 *$16,403.04
Other Funding
Total Project $1,079,910.00 $1,063,506.96 $16,403.04
*Any dollar amount reflected in the Total CDBG Balance column will be assumed as a de-obligation and
returned to the CDBG Program.
PROGRAM INCOME
1. Will this project generate program income? ❑ Yes ® No
2. If"Yes"to question 1, have you submitted a Program Income Reuse Plan to
your CDBG-CV project manager? ❑ Yes ❑ No
For detail on program income and content of a Program Income Reuse Plan,
see Section 4 CDBG Management Handbook.
BENEFICIARY SUMMARY
At CDBG-CV application, the grantee identified how each project activity would benefit low- and
moderate-income (LMI) persons as well as the estimated ethnic and racial breakdown. Actual
beneficiary data was required during the project.
BENEFICIARIES AT CLOSE OUT FORM
Note:
• General Administration (your admin) and planning budget codes do not require reporting.
• Totals for Lines 1, 2, and 3 should be the same.
Budget code and activity numbers can be found on the A19 voucher form.
Budget Code 05Q Subsistence Payments 2021 2022 2023
Activity Number 8251 L__ IL
Project Beneficiary— Persons Served
New Access (i.e. first in area)
Access to services/facility is no longer substandard
Improved access (i.e. improved proximity)
1. Total Persons 176 458 E 244
Racial/Ethnic Breakdown
#by #of #by #of #by #of
Race Hispanic Race Hispanic Race Hispanic
White 153 40 400 75 226 41
Black/African American 4 21 7
Asian 3 1
American Indian/Alaskan Native 7 9
Native Hawaiian/Other Pacific Islander 5
American Indian/Alaskan Native and White 7
Asian and White
Black/African American and White
American Indian/Alaskan Native & Black/African 7 2
American
Other Multi-Racial 9 8 9
2. Total 176 40 458 76 244 41
Low- and Moderate-Income Breakdown
Very Low Income (0-30% AMI) 35 207 174
Very Low to Low Income (31-50%AMI) 117 198 70
Low to Moderate Income (51-80%AMI) 24 53
Sub-Total
Non-LMI ( 81% AMI and above)
3. Total 176 458 244
BENEFICIARIES AT CLOSE OUT FROM INSTRUCTIONS:
This data is reported to HUD to document how CDBG funds are used in Washington State. HUD uses
this data to report the use of CDBG funds nationally.
Budget Code and Activity Number: These are the same budget code(s) and activity numbers used on
the budget summary. If in doubt, the Contract Data Sheet sent with the executed CDBG contract lists
the budget code(s) and Activity Number(s). Complete columns for each activity assigned to the project.
NOTE: General Administration (Budget Code 21A) and Planning (Budget Code 20) do not require
reporting.
The totals for 1, 2, and 3 should be the same number.
1. Proiect Beneficiary -- Persons Served: Choose the appropriate accomplishment and enter the total
number of beneficiaries for each activity.
2. Racial/Ethnic Breakdown: Insert the race and ethnicity for the beneficiary served at project
completion. Use the first column, labeled # by Race, to list the number of individuals by racial
group. HUD has designated Hispanic as an ethnic group. A person can be identified as both a
member of a racial group and an ethnic group, but cannot be designated only as an ethnic group. If
an individual is also of Hispanic ethnicity, count the individual also in the second column labeled # of
Hispanic.
3. Low- and Moderate-Income Breakdown: Enter the number of persons by income category. If the
30% and 50% breakdown are unknown, at a minimum, enter the total number of low- and
moderate-income beneficiaries as a "Sub-total LMI served". The total of LMI served and non-LMI
served should be the same as sections 1, 2, and 3.
The CDBG Income Limits showing 30%, 50%, and 80% levels of area median income (AMI) by county are
available on our website at www.commerce.wa.gov/cdbg under Guidance Materials.
*Projects meeting LM -the Presumed Benefit Activities: If the activity qualified as exclusively benefiting
clientele in special groups presumed by HUD to be principally LMI persons, report the number of persons
benefiting under the following income categories unless you have information that supports reporting them
under a different income category.
Group Income Level
Abused children Very low income
Battered spouses Low income
Severely disabled adults Low income
Homeless persons Very low income
Illiterate adults Low income
Persons with Aids Low income
Migrant Farm workers Low income
Elderly Moderate income (If to acquire, construct, convert,
and/or rehabilitate senior center)
Proclamation
National Library Week
April 7-13, 2024
WHEREAS, libraries offer the opportunity for everyone to connect with others, learn new skills, and pursue their
passions, no matter where they are on life’s journey; and,
WHEREAS, libraries have long served as trusted institutions, striving to ensure equitable access to information
and services for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender
identity, or socio-economic status; and,
WHEREAS, libraries adapt to the ever-changing needs of their communities, developing and expanding
collections, programs, and services that are as diverse as the populations they serve; and,
WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection, advancing
understanding, civic engagement, and shared community goals; and,
WHEREAS, libraries play a pivotal role in economic development by providing resources and support for job
seekers, entrepreneurs, and small businesses, thus contributing to local prosperity and growth; and,
WHEREAS, libraries make choices that are good for the environment and make sense economically, creating
thriving communities for a better tomorrow; and,
WHEREAS, libraries are treasured institutions that preserve our collective heritage and knowledge, safeguarding
both physical and digital resources for present and future generations; and,
WHEREAS, libraries are an essential public good and fundamental institution in democratic societies, working
to improve society, protect the right to education and literacy, and promote the free exchange of information and ideas
for all; and,
WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the
nation to celebrate National Library Week; and,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Mason County Commissioners hereby proclaims
April 7-13, 2024, as National Library Week in Mason County and encourages all residents to visit their local Timberland
Regional Library in person or online and celebrate the adventures and opportunities they unlock for us every day.
Ready, Set, Library!
Signed this day of April 9th, 2024.
________________________
Randy Neatherlin,
Chair
________________________
Kevin Shutty,
Vice-Chair
________________________
Sharon Trask,
Commissioner
C
Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Ian Tracy Ext. 544
Department: Public Health Briefing: ❑X
Action Agenda: ❑
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 1,2024 Agenda Date: n/a
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•
New Appointments to the Onsite Sewage Advisory Committee(OSAC)
Background/Executive Summary:
OSAC is a 13 member committee tasked with providing input and recommendations for codes and
policies related to Onsite Septic systems. On March 26t1i,2024 Art Whitson(citizen)was appointed and
James Medcalf(designer)was re-appointed by the Board of Health to serve three year terms expiring
March 26',2027. 3 vacancies remain on the committee. One citizen, one designer, and one
representative from the shellfish industry.
Budget Impact(amount, funding source,budget amendment):
N/A
Public Outreach (news release,community meeting, etc.):
N/A
Requested Action: Information only.
Attachments
N/A
MASON COUNTY PUBLIC WORKS
COMMISSIONER BRIEFING
April 1, 2024
�N C�
Action Items•
■ Set public hearing for May 7, 2024 at 9:15am to consider:
1. approving an ordinance adopting the Mason County Road Standards Manual and updates to
Chapters 10, 12 and 14 of the Mason County Code.
2. approving a resolution adopting the Public Works Fee Schedule.
■ Approve Interlocal Agreements for Public Works services.
■ Consultant Agreement with KPFF for Harstine Island Bridge Resurfacing project
Discussion Items:
Commissioner Follow-Up Items:
Upcoming Items:
4/2 Beard's Cove Utility Outreach 5:30—6:30 North Mason HS
4/9 Belfair and North Bay Utility Outreach 5:30—6:30 North Mason HS
4/23 Public Hearing on new water and sewer rate structures and Code Updates
4/25 MRSC/Municipal Contracting Event 1:00—5:00 Kitsap Con£ Center
4/9 Elected Officials and Directors Meeting
4/15-4/19 National Work Zone Awareness Week
5/6 Drinking Water Week
5/7 Public Hearing on Road Standards and Ch. 10, 12 and 14 and adopting Public Works Fee
Schedule
5/19 -5/25 Public Works Week
TBD Belfair Pump Station ribbon-cutting
C
Mason County
Agenda Request Form
Y
/AtJ
To: Board of Mason County Commissioners
From: Mike Collins, PLS, PE, County Engineer Ext. 450
Department: Public Works Briefing: ❑x
Action Agenda: ❑x
Public Hearing:
Special Meeting: ❑
Briefing Date(s): April 1, 2024 Agenda Date: April 9, 2024 and May 7, 2024
Internal Review: ❑ Finance ❑ Human Resources ❑X 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: Set a Public Hearing to consider adopting new Mason County Road Standards Manual,
changes to Mason County Code (MCC) Chapters 10, 12 and 14 and Public Works Fee
Schedule
Background/Executive Summary:
Per RCW 36.86, Public Works has developed a Road Standards Manual, as required by RCW
36.86. These Standards are to govern the design and construction of County maintained roads and
privately maintained roads whether they are on private or public easements in the unincorporated
parts of Mason County.
These Standards were developed to provide minimum design requirements for the safety, welfare,
and convenience of the traveling public. These standards are guidelines over a multitude of roadway
design and geometrics such as horizontal and vertical alignments, cross-sections, intersections, road
approaches, bridges, emergency vehicle access, Utilities, sight distance, roadway dimensions,
surface requirements, clear zones, grades, mailboxes, landscaping, and signing. These standards are
not intended to provide for all situations, but to be flexible in form and content. They are intended
to assist but not substitute for competent work by design professionals. Variance from these
standards may be requested; however, these requests are subject to the acceptance by the county
engineer based on satisfactory evidence that the proposed variance will produce an equivalent
outcome.
The adoption of the manual will require Chapter 10, 12 and 14 of the MCC to be updated. These
updates are attached to the resolution as attachments A through F. Updates include removal of
Public Works fees, reference in the manual and include GIS services and franchise agreement fees,
adding Public Works permit categories and additional clean up to Chapter 10 adopting Washington
State Statues 46.44 by reference.
Budget Impact: N/A
C
Mason County
Agenda Request Form
Y
/AtJ
Public Outreach:
The Road Standards went through a SEPA review, and a Determination of Non-significance was
published on June 15, 2023. The public comment period ended on June 29, 2023, and no public
comments were received.
Public Notice will also be published in the Shelton-Mason County Journal for a public hearing to
consider adopting the new road standards, revisions to Chapters 10, 12 and 14 of the Mason County
Code and adoption of a resolution for Public Works Fee Schedule.
Requested Action:
Requesting the Board set a hearing for May 7, 2024 to consider public comment on the following:
1. Approving an Ordinance adopting the Mason County Road Standards Manual and updates to
Chapters 10, 12 and 14 of the Mason County Code.
2. Approving a Resolution adopting the Public Works Fee Schedule.
Attachments:
1. Notice of Hearing
2. Mason County Road Standard Manual
3. Ordinance and Code update Attachments
4. Resolution and Exhibit A"Public Works Fee Schedule"
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton,
WA 98584 on May 7,2024 at 9:15am.
SAID HEARING will be to take public comment on the following:
1. adoption of the Mason County Road Standards and,
2. revisions to the County Code, Chapters 10, 12 and 14 to reflect the road standards,
remove Public Works fees from the code and other minor amendments.
Public testimony will be available in-person or via Zoom. The URL is available on the County
website https://www.masoncoimWya.aov/ to sign into the meeting. Please use the "raise hand"
feature to be recognized by the Chair to provide your testimony. You can also email testimony to
msmithkmasoncountywa.gov or mail to the Commissioners' Office, 411 N 5t' St, Shelton, WA
98584; or call(360)427-9670 ext. 230.
If special accommodations are needed,please contact the Commissioners' office,
(360)427-9670 ext. 419.
DATED this 9th day of April, 2024.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith,Clerk of the Board
Bill: Public Works Department
100 W Public Works Drive
Shelton,WA 98584
Cc: Commissioners
Community Dev.
Shelton Journal: Publ. 2t: 4/18/24&4/25/24
ORDINANCE NUMBER 2024-
AN ORDINANCE AMENDING
SECTIONS OF MASON COUNTY CODE
TITLE 10, 12 & 14 AND
ADOPTING THE MASON COUNTY ROAD STANDARDS MANUAL
WHEREAS,RCW 36.86.070- 080 requires the County to adopt uniform definitions
and design standards for county roads;and
WHEREAS, RCW 36.80.030 and RCW 36.75.050 provide that the County
Engineer has the authority for preparing standards for construction of roads and bridges;
and
WHEREAS, the County Engineer has prepared a Mason County Road Standards
Manual that updates current standards to comply with applicable standards, guidance,
and sound engineering practice; and
WHEREAS,the Board of County Commissioners find a need to update Title 12 and
14 of the County Code to adopt the updated County Road Standards; and,
WHEREAS, additional amendments were also needed in Title 10, 12 and 14 of
the Mason County; and
WHEREAS, Mason County citizens, stakeholders and outside agencies have been
afforded opportunities to review and comment on the proposed Road Standards and code
amendments; and
WHEREAS, Mason County Road Standards went through SEPA review, and a
Determination of Non-significance was published on June 15, 2023. The public comment
period ended on June 29, 2023 and no public comments were received; and
WHEREAS,the Mason County Board of County Commissioners held a public
hearing on May 7, 2024 to consider written and oral testimony on the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MASON COUNTY
BOARD OF COMMISSIONERS:
Section 1. The recitals set forth above are hereby adopted in support of
the regulations imposed by this ordinance.
Section 2. Mason County Code Chapter 10.44, 'Standard Road and,' adopted by
Resolution 869, is amended as shown on Attachment A.
Section 3: Mason County Code Chapter 12.04, ', adopted by Resolution 869, is
amended as shown on Attachment B.
Section 4. Mason County Code Chapter 12.05 `Use of and Improvements to
Unopened or Unmaintained Roads Within the County Rights of Way is added to
the Code as shown on Attachment C.
Section 5. Mason County Code Chapter 12.08, `Highway Approaches,' adopted
by Resolution 2021-03 8, is amended as shown on Attachment D.
Section 6, Mason County Code Chapter 12.24, `Utilities on Road Rights-of-
Way,' adopted by Resolution 115-06, is amended as shown on Attachment E.
Section 7. Mason County Code Chapter 14.28, 'Addressing Ordinance,' adopted
by Ordinance 44-10, is amended as shown on Attachment F.
ADOPTED this day of , 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin,Chair
APPROVED AS TO FORM:
Kevin Shutty,Vice
Tim Whitehead, Sharon Trask, Commissioner
Ch. Deputy Prosecuting Attorney
Title 10-VEHICLES AND TRAFFIC
Chapter 10.44 SIZE,WEIGHT AND LOAD
Chapter 10.44 SIZE, WEIGHT AND LOAD
Sections:
10.44.005 Overweight and over-dimension vehicle permits—Regulations and Statutes
adopted by reference-1+iIizat0
(a) The most current Washington State Statues in Chapter 46.44 are adopted by reference.
(b) The most current Washington State Commercial Vehicle Guide prepared by multiple Washington state
agencies, is adopted as the policy of Mason County.
(cb) The board of commissioners of Mason County hereby authorizes and directs the Mason County engineer
to utilize these regulations and conditions as applicable underfor this chapter.
(Res. 230, 1972; Res. No. 120-09, 12-22-2009)
10.44.010 ^16-tsi -o Wid-th limit, permit Required.
Permits are required when any vehicle combination,and/or equipment or machinery being moved
exceeds the dimensional and/or weight limits set forth in RCW 46.44, as amended, upon any public highway under
the jurisdiction of Mason County without first obtaining a permit from the County.
The tetal eut-ride width ef any vehiele OF lead theireenen Shall not exceedeight feet: pFevided,that in any
nstance where it is necessary te extend a . . . rer beyond the extreme left er right of the body,the sarne
may be done despite the fact that this results an a width an excess ef eight feet, but n . . a rror shall
extend FnE)Fe than five inches beyand the extFeFne limits of the body; provided,further,that in these instances
wheFe at as necessary to install fenders on the reaF wheels of vehicles to reduce wheel SpFay,the sarne may be
dene despite the far-#that thffi_-; in�;;vVid-th On exceSs of eight feet; Providing sweh fe.nd-eFs are Made of ruwhhe.r
expansion of the tires: provided fffther, however,that safety appliances such as cleaFance lights, Fula rails, binder
chains and appurtenances such as door handles,door hinges and turning signal brackets, may extend beyond the
extreme left or right of the bedy despite the fact that this results an a width an excess of eight feet but na
appliances or appurtenances can extend Fn()Fe than two inches beyond the extreme limits of the body.
(Res. 78§ 1 (46.44.010), 1970).
19.^4129 nn.,.,am....... height—Impaired elearanee signs.
level surface upon which the vehicle stands: PFOvWed,that autemebHe transporters shall not exceed fourteen feet
and that these height hmitations shall not apply to autherized eFneFgency vehicles ar Fepair equipment of a public
utility engaged in Feasenably necessaFy operation.The provisions of this section shall n0t Felieve the owner or
eperated;and ne liability shall aaarsh*-ne t-he st-at-p- Asir t-Re ;any eeunty, eity,tev.fn A-.r ethe.r pelitieal subdiv i seen by
Mason County,Washington,Code of Ordinances Created: 2024-02-01 12:03:15 [EST]
(Supp. No.66,2-24,Update 1)
Page 1 of 14
Washingten State Highway Celmilmleirssie-In are eFeeted and maintainedd Ae.n.the Fight side ef any such publie highway:
FWFal aFeas at a distance ef net less than three hundred fifty feet and net mere than five hundred feet,frem eaGh
(Res 78§ 9 (46.44.0201), 197-0)
10 AA 030 Maximum lengths.
(a) it is unlawful fer any peFSeR te eperate upon the publie highways ef thus eewRty any vehiele having an overall
'ength,w0th er;.AVwthA_,A In-ac-I on Pexce-tess Ref*Wrty five feet,except that an aute stage shall not e)(Geed an E)veFall
length, inclusive ef frent and rear bumpers, ef forty feet, but the eperatien ef any such aute stage upen the
public highways shall be limited as determiRed by the State Highway CO m .
(b) it as unlawful for any person to operate on the highwaY5 Of thi5 county any combination of vehicies which
.,+-,i..s a vehicle of which the permanent 5tFUCt i5 an exceS5 of forty feet
ef a nenstinger stee-Fed-tra-c-teff-and-sefflitrailer whieh has an eveFall length in exe-ess ef sixty feet withe-A lead
.,f si..+.,fi....f.,.,+..,i+h I..-..J
(d) It is unlawful for any person te eperate en the highway5 Of thi5 county any cembination consisting of a tFUCI(
and trailer, or any lawful combination ef three vehicles,with an overall length,with or without load, an
exce55 Of SiXty five feet,er a combination consisting ef a tractor and a 5tingeF 5teered 5emitrailer which has
an overall length in excess Of 56)(ty five feet witheut lead or an exce55 Of 5eventy five feet with lead.
n u
(f) These 'ength limitatiens shall net apply te vehicles tFaRSPeFtiRg peles, pope, FnaehineFy eF etheF objeets ef a
emerg ney repair of public service faeilitie5 Or properties, but On re5pect to night transportation eveFy 5HCh
veh"cle and load thereon shall be equipped w4 a sufficient number of clearaRce IaMPS E)R both 5ides a
marker IaMP5 upon the extreme ends ef any projecting load to clearly mark the diFnen5iOn5 of such load,
(Res 74 § 9 (46.44.030), 197(Y)
,
or any portion of the front vehicle of a cernbination of vehicles,shall not extend more than three feet beyE)nd the
frent wheels of such vehicle er the frent bumper, if equipped with frOnt hU.n per
Ne veNcle shall be operated upen the public highways with any part E)f the perManent strUctUre E)F IE)
extending in excess of fifteen feet h.,.,end the .teF of the last axle of such. .,hi.-I.,
(Res 78 f. 'I (46.44.034), 197l11
Created: 2024-02-01 12:03:15 [EST]
(Supp. No.66,2-24,Update 1)
Page 2 of 14
Except as provided on Sectk)n 10.44.060, it is unlawful for any person to operate upon the pubkc hughway&-Gf
tWs county any cornbinatk)n of veNcles consisting of more than two veNcles. For the purposes of tNs section a
another axle to the tFaCteF ef a tFLIGI(tFaeter semitraileF and/OF pole trailer GeMbiRation in such a way that it
supports a proportional ShaFe ef the load of the seffiitFaileF and/eF pole tFailer shall not be deemed a sepaFate
vehmele but fer all PUFPeses shall be considered a paFt of the tFUCIE tractoF. FOF the purposes of this seetien a
cenveFteF gP--;;r in conveFting a semitFaileF to a full traileF shall not be deerned a separate vehicle but for all
(Res 79§ 1 (46.44.0361), 197-0)
Notwith5tanding the provisions of Section 10.44.050 and subject to such rules and regulation5 governi
theiF operation as Fnay be adopted by the State Highway Commission operation of the following combinations is
combination;
(2) A combination consisting of three trucks or truek tractors used in driveaway service where two E)
vehmeles are towed by the third an double saddlemount position.
maxamum aliewed an Sectaon 10.44.090 upon the payment of the fee5 5et forth an RCW 46.44.095 and on such
highways and subject to such teFM5 and conditions a5 the State Highway CemrniS56on shall prescribe pursuant to
the provisions of RCW 46.44.095: provided,that any 5tate patrol officer who shall find any person operating a
vehacle an vaelataon of the conditions of a 5pecial permit issued undeF this section may confiscate 5uch permit and
forwaFd at to the State Highway Commission which Fnay return at to the permittee OF revoke,cancel,OF 5U5pend it.
/o :78§ 1 Inc nn n2791 99:70
10.44.070- nn.,.,*.•.. uFn grosswCFghis—Aulp f- +.,..
(a) it is unlawful to operate any vehicle upon the pubhe highwaY5 with a gF05S weight including lead upon any
eme awle thereef in excess of eighteen thousand pounds.
It is winl-am.ffuil to epeFate any ene axle upon the pubkc highways with a gross weight including lead
upon Leh ene .n.,in excess of eigh+eeR thousand ., n4s
twn;;Mier
--v.gith a gFess weight ineluding lead in excess eftwenty eight theusand peun
w4 a gross weight including load in excess of thirty two thousand pounds. it is unlawful to operate any two axle
trader upon the public highways with a gress weight including load, on excess of thirty six thousand pounds.
Created: 2024-02-01 12:03:15 [EST]
(Supp. No.66,2-24,Update 1)
Page 3 of 14
SUPPE)Fted UPE)n thFee axles OF ffiffe with a gFess weight ineluding lead in excess ef thiFty six theusand pounds.
(c) it is unlawful to operate any vehiele upen the publie highways equipped with two amles spaGed less than
seven feet apart, unless the two axles aFe Se CORStFUcted and mounted on such a manneF te ffevWe
than the Fnamm — ght allowed fOF Eme axle er two amies speeified an subseetion (a)above.
(Res 78§ 1 (nc nn 040) 19701
Subject to the 5 weights specified an subsection (a) of Section 10.44.070, unlawful to
operate any vehicle upon the public highway5 with a gFO55 weight iRcluding load, upon any tiFe concentrated upoR
the 5Urface ef the highway in exces5 of five hundred fifty pound5 peF inch width of 5uch tire, up to a maximurn
wedth of twelve inche5,and for a tiFe having a width of twelve inche5 or more there 5hall be allowed a twenty
the law, shall be hP*;.AvPPn.*.h.p flanges ef the Fim. FeF the P61FPose of this seetien,the width Af tires
case ef pneurnatic tires shall be the maximum overall normal inflated width as stipulated by the manufacturer
when anfl-ted to the pressure specified and without load thereon.
(Dom 74 § 1 (46.44.042), 197M
1A AA AAA\A/hooll»co�•��+ter
of+ �
(1) The total gFe55 weight, including load, E)R any group ef axles of a vehicle or combination of vehicles,
wheFe the dastance between the fir5t and last axles ef any greup of axles is eighteen feet ............
not exceed that set forth an the fellewing tab4,e-.
k4heelh-u-o of a gFoup of-.wles of a vehicle..
_R feet ems
48
5 32,000
6 32,000
7 32,000
$ 82,619
3 333,,5880
4:0 334,550
34 335,550
14 36,830
13 38,350
-14 39,870
Created: 2024-02-01 12:03:15 [EST]
(Supp. No.66,2-24,Update 1)
Page 4 of 14
35 4�;49s
�6 42
,930
3� 44,459
46,000
(2) WheFe the wheelbase of any vehicle eF GeMbiRation of vehicles is eighteeR feet 9F FneFe,the gFess.
we ght iRcluding lead ef the vehicle A-F GA-mbiRation of veh.cles must net exeeed that given fer the
.,c+iye distances; it the fellewing table:
479 46()98
4=9 47,9BB
2-0 48,000
24 49,000
22-2 50,000
2-3 51,349
2-4 52,670
2-5 54,008
2-6 55,108
22-7 56,2()8
2-9
2-9
-30
3-1 69,398
32- 61,149
-33 61,719
334 62,289
62,868
-36 8
8
39 0
39 0
49 65,500
41 66,000
42 �8
43
44 67
45 8
46 68,500
47 69,000
49 69,509
49-50
�8
�8
T 72,()()8
%VhPn *nchp,; ;;rp Indpr,;*x*nrhp,;take lewer; sex inches er ever take higher.
(Res 74 § 'I (46.44.044), 197l11
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(Supp. No.66,2-24,Update 1)
Page 5 of 14
if) AA 100 Penalties for violations
misdemeanor and upon first convietweR theFeef shall be fined a basic fine ef Ret less than twenty five dell.ar-s
shall be funed a h-asic fine ef net less than fifty
dellaFS AeF FneFe than one hundFed dellars;and upen a thmFd eF subsequent cenvictien shall be fined a
fine of net less than ., a hur.. Fed dellarc
PA-t up P_.wc_-.P_sr_A-f tp_n peuRds,the additional fine shall be three cents peF peuRd feF each peun
exeess weightj and- if the execess weight is teR thebisand Pe6lRdS eF eveF,the fiRe'-;hall be fR-'-'F cents
may s spend the additienal fine fE)F emeess weight up te five theusand pounds and feF excess weight ever
five theusand pounds may apply the sehedule ef additienal fines as if the e)Eeess weight eveF five theusapA
pounds were the ORly excess weight, but in no case shall the basic fine be 5uspended.
(c) Any other provision of law to the contrary notwithstanding,justice ceurts having venue shall hav--
(b) in additien te, but net an liew ef-,the abeve basic fines,sweh persen shall be fined twe cents peF peund fer
`�`cctT'vr"r.
uweight"
,
Means the
poundage in excess of the ma)(mFnuFn gress weight prescribed by SectiORS 10.44.070 through 10.44.090-pkis
theweights allowed by Sectffian5 10 AA 11n and 10.44.120.
(Res 74 § 1 (46.44.0451), 1970)
10 44 11() Excess weight-
-Discretion of arresting offiror
in addotmen to the hmitatieRs ef Seetieenss 110.44.070 through 10.44.090, Of the gress axle weight is REA mere
than five hundFed peunds in exces-s ef the - 5 axle weight feF ene axle, and if the gFess weight ef twe
axles spaced less than seven feet apart is net mere than ene thousand pounds in excess of the maximum grass
weight fer twe axles spaced less than seven feet apart,and if the gross weight of any group ef axles is not Fnere
than fifteen hundred peunds in excess ef the maximum gress weight fer any group ef axles aGCeFdiRg tO the
wheelbase spacing ef the greup ef axles as shewn in the Maximum gress lead table ef Sectien 10.44.090 and if the
gress weight ef-;;tv.ge ;;xlp wpherlp net mere than RAP theusand peund-s-in excess ef the legal gFeSS weight fer
a.xle veheele, and if the gFess weight ef a thFee ;;mlp yphec-lp k Ret mere than fifteen hundred pounds in
e.wee-Sr.ef the maximum legal gFess weight fe-F sueh three axle vehiele, and Of the ma4w.......gi ef the
combinatbon of vehicles,the arresting efficer may,within his discretion, permit the operater te preceed with his
vehmele er vehmcles ffin cernbinatmon witheut penalty. For I.I.-pui poses of deterrniRiRg gross weights the actual scale
weight taken by the arresting efficeF shall be prima facie evidence of such total gross weight.
pFevent the habbiti-mal and rGeelmssirste-Int leaddiing ef vehieles abeve the maximum legal gross weight previded fer
C.,.,NOR-R-S 10 AA 070 th Fe gh 10 AA nnn
(Res 78§ 1 (Ac AA nAc1) 1970)
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(Supp. No.66,2-24,Update 1)
Page 6 of 14
aFFesting
e#€ise�
twe axle Pelt-trailP_F GR_Rqh_i.RatiE)R eRgaged iR the epeFatieR ef hablliRg legS,Shall have an alle-mvable variatien in
spaeed less than seveR feet apart Fnay exceed by net meFe thaR sixteen hundFed peunds the maximum gFess axle
weight specified fE)F tWE)axles spaced less than seven feet apaFt, beiRg thiFty twe theusand pounds as pFevided in
theusand 6ght hundFed pounds the maximum legal gre efvehieles,when fully
lieensed as matted by law, being sixty eight the sand p nds
c,ewRty Feadr*A rpach state highways autheFizing feF peFmit by the State Highway DepaFtment and will he
by the couRty.A fee of five dollars feF 5uch county peffnit may be assessed by the board of couRty coMM455moneF5
which shall be deP05ited iR the couRty road fuRd.The special permit previded herein shall be I(newR a5 a "county
leg telerance permit"and 5hall de5ignate the route or routes to be used,which shall first be appreved by the
county engineer.Autherizatien of additional reute or reutes may be made at the discretion of the county by
amendiRg the eFigiRal peRnit E)F by issuing a new peFMit Said peFmits shall be i_-;-_;m_,P_d_ OR a yeaFly basil
tFanspeFting legs with weights amutherized- by state highway leg teleFaRee peFmits,te Feaeh a state highWay Surch addotu enal allowances shall be permitted by a special peRnit when involving county reads or using
the penaltie5 prescribed by Section 10.44.100. For the PUFP05e of deteFMining gFO55 weight the actual Wale weight
taken by the officer shall be prima facie evidence of such total gFE)55 weight. in the eveRt the gFE)55 weight is in
excess ef the weight permitted by law,the officer may,withiR his discretion, permit the operator te proceed with
has vehacies in cembmnation.
(Res. w § 1 inc An nA7-1) 197-0)
V-3.444-20- Minimum length of wheelbase
it is unlawful to operate any vehicle with a wheelba5e between any twe axles thereof of less than three feet,
sx ch.
T
For the purposes of this section,wheelbase shall be measured upen a straight line from center to center-Gf
the vehmele axles de5ignated,
(Res 78§ 1 (46 AA 050 197m
NE)pa5senger type vehicle 5hall be operated en any public highway wkh any lead carried thereen exten
beyond the line ef the fenders en the left side of such vehicle ner extending mere than sN inches beyond the line
of the fenders en the right side themof.
(Res 74 § 1 (46.44.060), 197401
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(Supp. No.66,2-24,Update 1)
Page 7 of 14
1941ra8 w equiFements I-railer••,h�HH�HR ].I,HR-TA..I,HR fl^JR
Thp drawhar Ar Athpr r-.c;nnP4ffinn hetween vehicles combination shall be of sufficient strength to hold the
weight of the Vw.ved_vehic-fle en any grade wheFe epeFated. No trailer shall whip,weave or oscillate or fail to fellew
substantially in the cauFse of the towing vehicle.When a disabled vehicle is being towed by FneaRS of laaF, ehain,
FGpe,cable er similar means and the distanee between the towed vehiele and the towing vehicle exceeds fifteen
feet theFe shall be fastened on sweh eonneetion in appFOXimately the eenteF theFeef a white flag or Gloth not less
than twelve inehes squaFe.
(Res 78§ 1(4 6 nn mm 1974
10.44.46020 Authority of engineer to close roads.
f uFffing the.,,,.iod of j.,.,, aFy!St th.-,ugh r,,ceir.-heir 33,.-+„f an.,. eaF +The county road engineer or his
designated representative may prohibit the operation thereon of motor trucks or other vehicles or impose limits as
to the weight thereof,or may other restrictions as may be deemed necessary,whenever any such public highway
by reason of rain,snow, climatic or other conditions,will be seriously damaged or destroyed unless the operation
of vehicles thereon be prohibited or restricted or the permissible weights thereof reduced as defined by RCW
46.44.080. i
PeURGIS^r^«weight and te.pest Any such restriction,or limitations,or prohibiting any use or reducing the
permissible weights of r.,-^" rRadr,.,,*"shall be appFeppiatappropriatelye s+gsignedfrs to that effect and the
restrictions as posted shall be in effect on those roads so posted for the period of time such signs are in place.
(Res. 78§ 1 (46.44.0801), 1970).
10.44.44030 Overweight or oversize permits required—Vehicles exempted.
It is unlawful for any person to operate upon any county road of Mason County any vehicle which is
overweight or oversize as defined by RCW 46.44,without having first obtained from the county road engineer a
permit to so do; provided,that the provisions of this chapter shall not apply:
(1) To vehicles having overall dimensions including load,if any,which do not exceed ten feet in width
and/or fifteen feet in height above the level surface upon which the vehicle stands,and/or having a
gross weight, including load,which does not exceed eighteen thousand pounds per axle and which are
of the following types:
(A) Farm or construction equipment,without pay load moving to or from work sites within Mason
County during daylight hours if properly patrolled and flagged,
(B) Vehicles having integral parts, but not loads,which put the vehicle in the category of oversize,for
daylight moves, if properly patrolled and flagged;
(2) To vehicles of governmental agencies or public utility companies making emergency moves.
(Res. 78§ 1 (46.44.0901), 1970).
10.44.44040 Application—Fees—Permit conditions—Revoking permit.
The county engineer is:
(1) Authorized to require each person applying for an oversize or overweight permit to submit a written
application which shows:
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(Supp. No.66,2-24,Update 1)
Page 8 of 14
(A) Names and addresses of the applicants,
(B) Type of vehicle,
(C) License number of vehicle,
(D) Tire,gross and license load,
(E) Origin,destination and route,
(F) If oversize: Loaded height,width and length,
(G) Date and time of proposed move;
(2) Authorized and directed to collect fees for such overweight or oversize permits in accordance with
RCW 46.44. .The County has established these fees under the Public Works Fee
Schedule Resolution,such fees to be deposited to the Mason County road fund; provided,that no such
fees will be required of any governmental agencies or municipal corporations;
(3) Authorized to prescribe for each such move authorized by permit the routes,speeds,dates and times,
frequency,and other conditions of the permit to assure the safety of the public and to protect both
public and private property;
(4) Authorized to revoke any permit issued when the county engineerhe finds noncompliance with any
provision of the permit;
(5) Authorized to suspend for a period of thirty days from the date of such occurrence,the issuance of any
permits to any person found in noncompliance with any of the provisions of this chapter,and upon
taking such action he shall give notice of such to the permit holder and to the board of county
commissioners,stating the nature of the infraction and the conditions of the suspension.
(Res. 78§ 1 (46.44.0902), 1970).
90 44 10A Additional gracc Inad
(a) A thFee axle tFuck epeffated- as_a Se-le unit aand- net in vihirCh ;an additienal gFess lead peffnit
vv.eve.....nts en M-sen County Fe ads witte ut payment of any-dditieni,I Feer
(b) When fully licensed to the maximurn gross weight permitted under RCW 46.44.040 and when opeFated
combination with another vehicle,a three er ME)Fe axle truek tractor,a three E)F FnE)Fe axle truck and a three
OF more axle dromedary truek tractor may be eligible upon application for a special twelve month permi
IA;;d-; Af-;,,ch;gPh0cIP-; -;h;;'' nAt Pxc-,PPrJ the limits specified in RON 46 44 040 and the tire limits specified
RGW 46.44.042. provided further,that the gFess weight of a three or more axle tFuck operated in
combination with a two er three axle trailer shall not exceed seventy six thousand pounds, and the gFE)5S
weight for a thFee er mere axle tFLICk tFactE)F operated in combination with a seMitFaileF shall not exceed
seventy thFee thee-u-sand-tvies hundFed eighty peunds.Such speeial peFmits shall P-Mefle the peFMittee te eaFFY
undue it ..W the r- iAs
(c) When fully liceRsed te the maximum gross weight permitted Linder RCW 46.44.040 a thFee OF ME)Fe axle
tFUCk or combination vehicle with fixed load Fnay be eligible undeF a special ninety day permit to be issued by
Created: 2024-02-01 12:03:15 [EST]
(Supp.No.66,2-24,Update 1)
Page 9 of 14
the Geunty read engineer te carry additienal gross leads beyORd the limit specified fer sup—h i.�Phaplp,; RCW
P)(G--PP thiFty dellaFS fe—r the tetal excess weight ef the vehicle, ffeVWed the gFess weight ef the Wphwclp ;h;;''
net exceed eighty theusand peuRds.Such speeial peFFnits shall Pin-WIP thle PeFFnittee te caFFy such addit
the T
(d) The Geunty read engineer as hereby-a-U-theirized-te issue additieRal gress lead permits as herein previded and
te designate reutes and Genditiens fer the permits such as te prevent uRdue injury te Geunty reads ancl
bridges.
10 AA 9AA Speeial r enmi+c for extra wore ire
the loaded vehicle stands,without, additiOR to the other requiremeRtS of this chapter,complying with the
g a ven te a Fespensib—le membe-F ef r.---.r--.h GefflpaRy at least twenty four hR-m--.r--; befelre staking the
(2) DePOSitiRg OF haviRg oR deP05it with the county road eRgineer a boRd an the aMoURt of five thE)Usand
surety, iR the state of WashingtoR, aS 5Urety,such bond ceRditieRed�
(A) To iRdemnify and held harrnle55 Mason County against all Iiabilitie5,jUdgMent5,GE)5t5 and
expenses whieh may in any way aeeFue against it in eensequence ef eVer-size moving by the
hr elver
i
(C) To pay all lawful claims for injury or damage to peFSORS or property OCcasiOned by Or in any way
aFi5ing GLIt Of 5uch E)veF56ze lead moving opeFations by the permit holder and such bond shall
a nure to the benefit of any person darnaged an peF5E)n or property by 5LIch Operations-,
FeaFFangements ef their prepeFty te aeeAn;n;ada*P-*hp- leads movement.
(Res 78§ 'I lnc nn nClnnl 1970)
,
AA 7 l r, + or ey overweight Gy + or;+ll nd 1' of
1918 �es+a,�er�;z �,--�rers���;--�rer�� re�erazs—A��n�a ��s—
AHHIiGation fer r em;iF
in addition to Section 10.44.200, no special permit shall be issued for movement on any two lane highway
eutsWe the limits of any 6ty or town where the E)veFall width of lead exceeds fourteen feet, er en any multiple
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(Supp. No.66,2-24,Update 1)
Page 10 of 14
lane highway wheFe the eveFall width of lead exceeds thiFty twe feet; except that en multiple lane highways wheFe
o h-.II be is-wed f.,.-..d.J+h i '.f+..,....+.,feet: p ,ided +h-.+.
that the highWay eF sectieR ef highway eaFries than A-Re hund-red vehicles peF day: pFevided
NFthu,that on the ease ef buildings,the limitatiens FefeFFed te in this seCtieR feF FneveMent OR aRy
twe lane highway other than the natienal system E)f inteFState and defense highways Fnay be exeeeded
under the fellewing Genditien-s�
(A) lininteFFUpted vehiculaF tFaffic shall -he Maintained an one diFeetien at all times,
(B) Maximurn distance ef.m.eve-Me-M sh�;;" pet five miles;additieRal GeRtigWE)Ws peFfflitS Shall
rrrc-r�vcrr�
(c) Prier te i i t a qualified highway department employee shall make a visual inspecti
of the building and route involved deteffnining that the conditions listed heFein shal! be complied
with and that 5tFUCtUre5 OF overhead Ob5tFUctie%may be cleared or meved order to maintain
safest pessih-le eenditie—ns,and the Masen Geunty sheFiff's effiee shall he Avised when ;;Ad
y.,hp.rp the R:ieve.m.ent is te be made;
(2) Permits may be 655ued for widths of vehicle5 an exce55 of the preceding limitation5 en highways O-F
sections of highwaY5 which have been designed and conStFUcted for width an excess ef such limitations-,
(3) These limitation5 may be re5cinded when certificatien as made by military officials er by officials of
.,i.J+h.-i ..f,-.,.,h li..-.i+-,+i.....
i
(4) These limitatiens shall not apply te farmeFs rneving farm machinery between farms during daylight
heuF5 if the rnevernent does net pass aleng and upon any primary er secondary highway fer a di5tance-
+.,.-+han+hi.+., five miles if p erly trolled and fl-..,..ed
(5) These lm.m..Ot-;#*A-.A--;r—hall net apply te Fnevement duFing daylight heuFs en any twe lane highway wh
de-ess Inleet exe-e-ed sixteen feet� pFevided,that the Minimi-in;-;;nd maximum speed ef sueh mevements,
(which limitatien 5hall be not le55 than ene per weelo,and ce—nditie—ns te-assure safety of traffic may be
PFe5CFibed by the beard of ceunty cemmissioners.
The applicant for any special peffnit shall 5pecifically describe the vehicle or vehicles and load te be operated
or moved and the particular highways for which permit to eperate as Fequested and whetheF Rich permit
(Res 78 f. 'I (46.44.0921), 'I970)
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(Supp. No.66,2-24,Update 1)
Page 11 of 14
1 A 44 77A Fppc
All fees for everlegal lead permits shall be paid and disbursed OR accerdance with RCW 46.44.094 and
46.44.096.
(Res 78§ 1 1970)
10.44.2-30-050 Display of permit.
Every permit issued hereunder shall be carried in the vehicle or combination of vehicles to which it refers
and shall be open to inspection by any peace officer or authorized agent of Mason County.
(Res. 78§ 1 (46.44.0942), 1970).
10.44.2-49-060 Hearing on suspension or revocation.
Any permittee whose permit is suspended, revoked or from whom a permit has been withheld may, upon
request, receive a hearing before the board of county commissioners of Mason County,Washington.The board,
after such hearing, may reinstate any permit or amend, revise or revoke the conditions of suspension.
(Res. 78§ 1 (46.44.0943), 1970).
10 44.259 SFep eseRtat+en-s and p i*—w^- 4Rg
the requirements and conditions of the special permit as guilty of a misdemeanor and up jl�
the reef shall be fined not less than fif+y dollars o more than One hU.,. red dOlIa Fs
(b) Any person who operates any vehicle,the gross weight of which as an excess of the maximum fer which such
peFrn
19:44260 €p#exEP m,-Ri—Weighing and Rghten;,;s
(b) Whenever a police officer, upon weighing a vehicle and lead,as above provided,determines that the weight
E s unlawful,such officeF may, in addition to any other penalty pFevided, require the dFiver to stop the vehicle
in a suitable place and remain standing unto!such poFtion of the load is Femoved as may be necessaFy to
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Page 12 of 14
(G) it is unlawful for any drive-F A-f R-vehicle te fail o-F rp-f.,-,-,;e to step and submit the vehicle a.n.d- lead-te a
weighing,or to faO er refuse,when directed by an officer upen a w6gWng ef the veNcle to stop the vehi
(Res 74 § 9 (46.44.100), 19701
1 A AA 77A Liability Fer damage +e highways, hridges etr
Any peFSeR operating any vehicle or moving any objeet oF eonveyance upon any publie highway in this
county or upon any bFidge oF elevated structure which as a part of any such public highway shall be liable for all
damages which the public highway, bFidge R-F P-.IP-VatP-d--rtF61r=tblFe may su-stain-a-s a re-swit of aRy illegal epeFatieR Of
vehicle, object or conveyanee weighing On excess A-f the legal weight limits allowed by law.This seetion shall appl",
to any peFS9R operating any vehicle 9F Fneving any elaject er c.A-MrivancCe in aRy illegal eF negligent rnanneF eF
without a speemal permit as by law provided for vehieles,E)bjeGts or contrivance-,;ef everweight,u.
overheight or overiength.Any person operating any veNcle shall be liable for any damage to any public highway,
bridge or elevated structure sustained as the result of any negligent eperatiOR thereef.).A.Ihp-.n such operator iS Ret
the owner of such vehicle,object or contrivaRce h,it se eperating or moving the sarne with the express er
mplied peRM-ir-SOR-A R-f the owner thereef,then.*hp eviReF and the operator shall be jeontly and severally liable foF
any sueh damage.Such damage to any eeunty highway OF structure may be reeeveFed in -;; eivil-aetie—n
the R-a.m.e A-f Mason Geunty by the b9aFd of ceunty eemm i ssieRers.Any measure A-f damage to any publie highway
determined by the county engineer by reason of thiS 5ection shall be prima facie the amoURt of damage caused
thereby and 5hall be presumed to be the amouRt recoverable in any civ.1 aGtiOR theref
(Res 74 § 9 (46.44.110), 1974
19 2�Av-Big Beef OFiddge—Weight restrinFionc
The use ef Big Beef BFidge by SiRgle tFucks exeeediRg a gross weight ef ten tens; by true!(and- se-mitraile-F
exeeeeling a gFess weight ef fi4een tens; 9F by a true!(and- tri-Ae-F P—mee-eding a gFoss weight ef eighteen teins
rtr 4Pd
(Res 74 f 9 (46.44.1121), 1970)
1 .AA.'SA Bog Beef OF dge—cirrus +e he nested
The eeunty read engineer OS @lAhA-F.i-;zP-d- and d-lire-e-Ae-d-te h.ave posted suitable signs at the bFidge advising-t4e
d Fi.,i.,..publie of the pFevisien r.f seetie—n 40 nn 24n
(Res 74 § 9 //IC nn 99]91 1970)
19 €veFS Bridge—Weight r„S+ri.,+iGRIS
commissioners,(a) The gross load on Bridge No.9010 23.35, Evers Bridge, over Decker Creek shall be limited to thirty seven
tons for a peFiOd of five years unless the board of by appropriate action based upon proper
certification, modifies o Ferneves such restrictions(b) The ceunty engineer shall post the bFidge with the lead- limit-;;r-set fe-Fth in thi-s See#ien.Vielatie—m ef thi-s lead-
linnit., nstit-ter-, ir.J.,w...aner i ar-cerdancp with RPAI 26 7C 770
(Ord.893 'I[i741
r
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(Supp. No.66,2-24,Update 1)
Page 13 of 14
Created: 2024-02-01 12:03:15 [EST]
(Supp. No.66,2-24,Update 1)
Page 14 of 14
ATTACHMENT B
Chapter 12.04-STANDARD ROAD AND BRIDGE CONSTRUCTION SPECIFICATIONS*
Sections:
12.04.010-Adoption.
The current edition combined of the State of Washington State Department of Transportation (WSDOT)_ and
American Public Works Association (APWA) edition of the Standard Specifications for Road-apA-_Bridge, and
Municipal Construction, ^r any ....seed.n edition,includine any amendments thereto, promulgated by the WSDOT
is hereby adopted as the Mason County standards specifications for road and bridge construction.
(Res. 869(part), 1978:Res.231 (part), 1972:Res. 62(part), 1969).
12.0412.05.020-Utilization.
The county engineer is authorized and directed to utilize these standard specifications,with such amendments,
modifications and special provisions as may be required to adapt to special conditions, in the preparation of
contracts for road construction in the county.
(Res. 869(part), 1978:Res.231 (part), 1972:Res. 62(part), 1969).
12.04.030-Mason County Road Standards
There is adopted by reference the Mason County Road Standards to be known as the "Standards," and as
hereafter amended,which shall apply to unincorporated Thurston County except where separate development
standards have been adopted for urban growth areas as set forth in Section 17.02.020 Mason County Code. Hard
copies of the Standards are available at the Mason County Public Works permit center during normal business
hours.
If any section, subsection, sentence, clause,phrase,or other portion of the Standards,or its application to any
person is,for any reason,declared invalid, illegal or unconstitutional,in whole or in part by any court or agency
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Standards.
Page 1
i
ATTACHMENT C
Chapter 12.05—Use of or Improvements to Unopened County Right of Way
12.05.010 Purpose
The purpose of this chapter is to provide the general public with uniform criteria to obtain road use permits for use
of and improvements to unopened right of way or unmaintained roads within the County right of way. Use of and
improvements to unopened or unmaintained roads within the county rights-of-way shall follow the requirements
and permitting process set forth in the current edition of the Mason County Road Standards.
12.05.020 General
Within Mason County,there are occasional portions of dedicated or deeded public road rights-of-way that have
been either not officially opened and established as county roads,or not formally vacated,by the county.From
time to time,there is a desire by individuals or corporations to use said unopened county rights-of-way for road
access.Nothing in this section should be construed as to allow other than road purpose access to private lands on
unopened county rights-of-way_
12.05.020 Public Works Permit Types:
A permit shall be required by the Public Works Department for the following right of way use permit categories
listed below.Permit requirements are outlined in the current road standards and shall apply to MCC Chapters
12.04, 12.08, 12.24, 13.08 and 14.28 .
Category 1:Right of Way Use Permit shall be required for use of and improvements to unopened county right of
way or unmaintained road within county right of way when the applicant desires the County to assume
maintenance responsibilities for the road and drainage improvements to be constructed or when such
improvements are required in connection with other development approvals.
Category 2:Right of Way Use Permit shall be required for use of and improvements to an unopened county right
of way when the maintenance responsibilities for the improvements will rest with the applicant and all abutting
property owners usingthe he improvements.
Category 3:Right of Way Use Permit shall be required for use of and improvements to an unopened County right of
way or unmaintained road for the specific purpose of providing bike/pedestrian/equestrian access for trail purposes.
The Category 3 Permit is limited to non-profits,organized communi, clubs, groups,and organizations.
Maintenance responsibilities for the trail rest with the Mplicant(s).
Category 4:Right of Way Use Permit(known as a Road Approach/Encroachment Permit)shall be required when a
property owner is requesting permanent or temporary private facilities(Driveways,logging,roads,parking,etc.)to
an existing road in a County right of way This permit applies to unmaintained roads constructed prior to the
effective date of this manual or unmaintained roads constructed under a Category 2 Permit wherein the road abuts
the applicant's property. The maintenance responsibilities for the road rest with the applicant and all abutting
property owners having access to the road. Road Approach/Encroachment Permit pursuant to Chapter 12.08.
Category 5 Right of Way Use Permit(known as a Road Use Permit)shall be required for private events which
extend into the rights-of-way or affect the ordinary use of public streets,sidewalks,traffic etc.and/or generates
considerable public participation.For practical purposes,this includes,but not limited to,parades,fun runs,cycling,
temporary work or non-permanent items within the right-of-way. There is also a special use permit used during road
weight restrictions.Also used with road closures or restrictions pursuant to Chapter 12.32
i
Category 6 Right of Way Use Permit(known as a Moving Permit)shall be required for revisions to the movement
of vehicles,materials,and structures with the opened right of way.These permits shall be in compliance with these
standards and Mason County Code 10.44 Size,Weight,and Load and 12.36 Closed or Restricted Roads.Pursuant to
Chapters 10.44 and 12.36
Category 7 Right of Way Use Permit(known as a Utility Permit)shall be required for the construction,installation,
repair,maintenance,removal,replacement,adjustment,and relocation of all above and below,ground utility_
facilities that are located within the county right-of-way.Utility Right of Way Permit pursuant to Chapter 12.24.
12.05.050 Public Work's Permit fees
Each Public Work's permit application shall be accompanied by a fee,pursuant to the current Mason County Public
Works Permit Fee Schedule which is adopted by resolution.These fees can be found on the Public Works webpage
or at the Public Works Permit Center.
ATTACHMENT D
Chapter 12.08 HIGHWAY APPROACHES'
12.08.010 Purpose.
(1) The purpose of this chapter is to provide reasonable rules for the construction of road approaches from abutting
property to county roads pursuant to RCW 36.75.130 et seq.This chapter requires permits,provides for inspection
of proposed and actual construction of said approaches,and provides penalties for violations of this chapten.
(2) Utility Right of Way Permit requirements are set forth in Chapter 12.24
(3)Use of or improvements to unopened county right of way or unmaintained roads are set forth in
Chapter 12.05.
Current Permit fees that have been adopted by resolution are available online and available at the Public Works
Permit Center.
(Res.No.2021-038,6-22-2021)
12.08.020 Regulations adopted—Scope—Conformance required.
The following rules and regulations for the location and construction of approaches to county roads in Mason
County are adopted of June 22 20247.These amended regulations shall supersede all prior regulations and
practices in Mason County and shall govern all approaches,including,but not necessarily limited to,driveways and
private access roads.Any person wishing to construct or modify an approach onto any Mason County roadway shall
obtain a permit for such work within the right-of-way from the public works department and shall comply with these
regulations,currents road standards and Chapter 36.75 RCW.
The county engineer or their designee shall be authorized to issue permits for road approaches to county roads;
provided that the applicant complies with^ppr^^ri^*e rule road standards,regulations and conditional requirements
of the issued permit.
The county may limit the number,width,location and configuration of driveway(s)to provide access to any
property,as may be necessary in the public interest for reasons of safety.
(Res.No.2021-038,6-22-2021)
12.08.030 Access.
Each property owner is entitled to reasonable access to the county road system.Access to a particular roadway
and/or at a particular location may be restricted in certain circumstances including,but not limited to:
(1) Locations where limited access rights have been obtained by the county.
(2) When reasonable access can be established through other roadways or lanes,both public and private.
'Editor's note(s)—Res. No. 2021-038,adopted June 22, 2021, in effect repealed Ch. 12.08, §§ 12.08.010-
12.08.080, and enacted a new Ch. 12.08, §§ 12.08.010-12.08.120, as set out herein.The former chapter
pertained to similar subject matter and derived from §§ 1-7 from a resolution dated Dec. 21, 1970; and §§
1-7 from a resolution dated Dec. 26, 1973.
Mason County,Washington,Code of Ordinances Created: 2023-04-05 09:20:01 [EST]
(Supp. No.62-2-23)
Page 1 of 5
(3) When topographic features may cause the access to be unsafe or undesirable to the county.
(Res.No.2021-038,6-22-2021)
12.08.040 Approach construction required.
All property owners shall be required to construct a new road approach,to county standards,any time an
access point is added to the county road system or in conjunction with any construction or change in use of the
property that may increase the traffic volume or change the type of traffic entering or exiting the roadway.
A building permit issued by the Mason County Building Department shall not pass a final inspection until the
county engineer or their designee has verified that permitted access exists or an approach permit has been issued for
the intended use.
In evaluating if a new road approach is required or if an existing approach must be brought up to current
standards as a condition of issuing a permit required by the Mason County Building Department,the county
engineer or their designee,will use the following thresholds:
• Construction of any dwelling or accessory dwelling
• Construction of any commercial or industrial structure
• Placement or replacement of a manufactured home
• Ingress or egress to a county road for commercial or industrial purposes other than temporary approaches
Any subdivision or modification of parcel boundaries that results in an approach serving more than a single
parcel shall be required to construct one approach,unless circumstances warrant more than one(sight distance,
topography,etc.)for the new parcels lacking an approach to county standards as a condition of approval and must be
surveyed and recorded with the Mason County Auditor's Department.A road approach permit will need to be issued
and pass final inspection as part of this process.
For new joint use approaches that are not a result of a division of land,the first applicant for a road approach
permit shall be required to construct the approach to county standards.
(Res.No.2021-038,6-22-2021)
12.08.050 Permit required,application review.
All property owners constructing a new road approach or making upgrades or modifications to an existing
approach shall first file an approach permit application with the public works department.The application forms are
available from the department and online.
Applications that are turned in incomplete will not be accepted and returned to applicant.
When a completed application is received,the county engineer or their designee,will review the application
and approve,deny or request additional information.Public works will make every effort to complete the
application review and inspection process within seven to ten business days.
The review of the application will include:
• Ensuring the information on the application is accurate and appropriate to the subject property.
• Ensuring the site sketch is accurate as to the location and type of approach requested by the applicant.
• A site visit to determine any conditional requirements that may need to be added to the permit(the-access
shall be marked by the applicant).
If approved,the applicant will then proceed with construction of their access if the required permit fees have
been paid.If not approved,the county engineer or their designee will notify the applicant.
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(Supp. No.62-2-23)
Page 2 of 5
If during the course of the review it is determined that the approach is already permitted,and conforms to all
permit requirements at the time of original issuance,and the permittee is not proposing any modifications to the
approach,the reviewer will update the current county permitting program and notify applicant that no additional
action is required in relation to the approach. Generally,no new approach permit will be issued.
(Res.No.2021-038,6-22-2021)
12.08.060 Permit fees.
No new approach or alteration of an existing approach to any county road shall be constructed until the person
benefitted by or desiring such approach has been issued a permit by the public works department on a form which
will be provided;except that the county may alter or improve any existing approach to a county road when such
alteration or improvement is necessary to the proper maintenance of the county road.
After approval of the permit for a new approach or modification to an existing approach the applicant shall
pay a non-refundable permit fee. of two hundred dollars.ars. established by resolution and available on the County
website and at the Public Works Permit Center.
The fee may be waived in the following circumstances:
• The approach is existing and found to be in conformance with the standard and policies at the time of its
original permitting and no modifications to the approach are proposed or required.
• The approach connects directly to a private road which provide access to the county road system.
If the permit expires or the work has not been completed after three hundred sixty days the applicant shall
reapply and pay the permit fee again.
In addition to the permit fee,a bond(or cash deposit)may be required in an amount to be determined by the
county engineer or designee.
(Res.No.2021-038,6-22-2021)
12.08.070 Inspection.
All construction within the county right-of-way is subject to inspection and approval by the county engineer or
their designee for the permit to be considered valid.All debris,including wind[blown] sand/dirt and debris shall be
removed from the roadway,road shoulder and roadside ditch along the entire frontage of the property before final
inspection will be approved.
Inspection of the work may include,but is not limited to,the following:
• Verification that the geometric layout is consistent with permit requirements
• Verification and/or testing of compaction for base course and pavement within the county right-of-way
• Verification of layer thickness for base course and pavement within the county right-of-way
• Verification that all conditional requirements have been satisfied
The applicant shall request an inspection by online permit portal,calling or emailing the public works
department when their access is ready for inspection.If the work is not ready for inspection,the inspection will be
failed and the applicant will be required to schedule a new inspection.If the applicant establishes a history of
requesting inspections when the work to be inspected has not been completed,an additional one htmdr-oa a^"^r set
fee may be added to the permit in order to compensate the county for costs incurred.
Work completed without a required prerequisite inspection being approved will be automatically failed and
public works will require the permittee to demonstrate that the previous work meets all permit requirements or all
such work shall be removed by the owner at their own expense.
Created: 2023-04-05 09:20:01 [EST]
(Supp. No.62-2-23)
Page 3 of 5
Records for each road approach will be kept on file in the public works department.Records will consist of all
applications,whether approved or not,and all permits with supporting construction records.Records will be
maintained in accordance with Mason County record retention policy and applicable state laws.
(Res.No.2021-038,6-22-2021)
12.08.080 Construction—Requirements.
After approval of permit application and permit fee has been paid,the applicant will be issued the permit. The
permittee shall install the access per their permit requirements and current minimum standard specifications.These
minimum standard specifications may not be sufficient for all approach types.It is the sole responsibility of the
permittee to provide a road approach design that is appropriate for the intended use.Public works makes no
certification that approaches constructed to minimum standards will be sufficient and,if due to special use of or
conditions on an approach,the county engineer and their designee may direct that additional design work be
required.This may include,but not be limited to,certification of the adequacy of the approach by a licensed
engineer.
All approaches shall pass a final inspection by the county engineer or their designee in order for the permit to
be finalized.Final inspection shall include a review of the approach surface,size and location.All debris,including
wind[blown] sand/dirt and debris shall be removed from the roadway,road shoulder and roadside ditch along the
entire frontage of the property before final inspection will be approved.
Any damage to the roadway,roadway shoulder or drainage ditch resulting from the permittee's activities shall
be repaired at the permittee's sole cost and expense and paid prior to final approval of the road approach permit.
In accordance with RCW 19.122.030,the property owner shall be responsible to obtain utility locates by using
the statewide one-number locating service.
(Res.No.2021-038,6-22-2021)
12.08.090 Construction—Improper.
In addition to all other enforcement remedies,any person,firm,partnership,association,joint venture,
corporation,or other entity who fails to construct an approach property shall be required to compensate the County
for the improvement or removal of the approach. Compensation shall include administration time as well as
equipment and materials to remove or improve the approach.Reimbursement shall be made to the Mason County
Department of Public Works.
action.All access points to the cotmty road system shall have a permit and shall comply with all requirements of that
eonfoimiing appr-oaehes under-the eur-r-ent version,shall be considered unper-mitted appr-oaehes wheft ehanging
pr-opeFty iise and will need to r-e apply.
Pufsuant to RCW 36.75.130,any per-son failing to obtain the per-mission ftem the publie warks depai4m
The public works depaAment will issue a waming to any property owner obsen,ed to be constructing or have
constmoted an unpermitted appreaeh.The warning will give the pr-operty owner ten business days in which to
remove said approach or-oomplete an approach permit applioation. if the property owner-fails to oomply with the
conditions of the warning letter,the matter will be fom,arded to the Mason County SheFiff Department for further
Upon failure of the permittee to use,occupy,or maintain an appromh the county engineer or their designee-
will notify the PeFfflittee verbally(if possible)and by first elass leoer-of the non eamplianee.if-,afteF Aifty days the
Created: 2023-04-05 09:20:01 [EST]
(Supp. No.62-2-23)
Page 4 of 5
non complianee has not been eerrected,the county engineer-or their-designee may order any stieh waAE to be done
t remove the appr-eaeh.
the approach oreates a danger to the traveling publie.
in addition to all other enforcement aetions authorized under the code,any person,firm,The county engineer or their designee reserves the right to revoke or deny any and all approach permits when
association,joint venture,cof-poration or other legal entity who fails to correet an approach will be required to
compensate the county for the removal of the approach. Compensation shall include administration time as well as
equipment and materials to remove or improve the approaeh.Reimbursement shall be made to the public works
dot.
(Res.No.2021 038 6 22 2024)
12.08.100 Responsibility for cost.
Pursuant to RCW 36.75.130,all costs of construction and maintenance of approaches to any county road shall
be at the expense of the person benefitted by or desiring such approach and all work shall be done in accordance
with specific requirements stipulated by the county engineer or their designee and permit issued by the public works
department.
(Res.No.2021-038,6-22-2021)
12.08.110 Maintenance.
The maintenance of an approach off of a county-maintained road is the responsibility of the person,whose
property is served by the approach,including culvert replacements.
In the event a culvert needs emergency maintenance or replacement,to preserve a county road,or,if,because
of a county road or maintenance project,a culvert needs to be relocated or removed,the county will be responsible
for the cost.In the event a culvert needs replacement due to age or damage,it is the property owner's responsibility.
If a culvert is causing damage to a county road,the county may opt to replace the culvert,and back charge the
property owner associated costs.
Clearing of snow from approaches is the responsibility of the property owner.
(Res.No.2021-038,6-22-2021)
12.08.120 Expectations.
Nothing in these regulations shall be construed to prohibit the county from building approaches to replace
existing approaches during reconstruction or maintenance of any county road or providing necessary access to
property adjacent to roads constructed on new alignment.The construction of approaches on new construction shall
be as negotiated by the county and the property owner at the time right-of-way is secured for the improvement.
(Res.No.2021-038,6-22-2021)
Created: 2023-04-05 09:20:01 [EST]
(Supp. No.62-2-23)
Page 5 of 5
ATTACHMENT E
Chapter 12.24 UTILITIES ON ROAD RIGHTS-OF-WAY
12.24.010 Purpose.
The purpose of this chapter is to establish a county policy governing management of the road rights-of-way
through requirements and standards for the construction, installation, repair, maintenance, removal, replacement,
adjustment and relocation of all above and below ground utility facilities that are located within the county road
right-of-way.The goal of this policy and the requirements and standards is to protect and advance the public
health,safety,and welfare by:
(1) Establishing clear and nondiscriminatory local guidelines,standards,and time frames for the exercise
of local authority with respect to the use of public rights-of-way;
(2) Minimizing unnecessary local regulation of operators and services;
(3) Permitting and managing reasonable access to the road rights-of-way of the county on a competitively
neutral basis;
(4) Assuring that the county's current and ongoing costs of granting and regulating access to and use of
the road rights-of-way are fully paid for by the persons seeking such access and causing such costs;
(5) Assuring that all persons using the road rights-of-way comply with the ordinances, rules, regulations,
policies,and procedures of the county;
(6) Ensuring the ability of the county to obtain sufficient information from persons subject to its
jurisdiction to enable effective decisions regarding their access to county road rights-of-way and
effective management of activity in the rights-of-way;
(7) Providing for the grant of a franchise to govern use of and activities within the public rights-of-way;
(8) Providing for the issuance of a master road use permit to govern the activities of exempt operators
within the public rights-of-way;and
(9) Providing for the issuance of private line utility occupancy permits to govern activities of operators of
private lines serving single-family residences.
This chapter shall replace and supersede Ordinance 3-93 adopted by the board of county commissioners'
action on January 5, 1993.
(Ord. 115-06§ 1(part), 2006).
12.24.020 Applicability.
The requirements and policies set forth in this chapter shall apply to all new franchises, master road use
permits, private line utility occupancy permits,and utility permits issued by the county pursuant its police powers
and its authority granted in RCW 80.32.010, RCW 80.36.040,and Ch. 36.55 RCW,and to all construction,
installation, repair, maintenance, removal, replacement,adjustment,and relocation of utility facilities within the
county road right-of-way by public and private operators, including, but not limited to, electric power,telephone,
television,cable,telegraph,communication, information,water,gas,all petroleum products,steam,chemicals,
sewage,drainage, irrigation,and similar pipes, lines,or cables.
Mason County,Washington,Code of Ordinances Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 1 of 15
This chapter cannot address all situations and conditions that may be encountered.Specific provisions
contained herein may not be appropriate for all locations and existing conditions.The requirements of this chapter
are intended to assist, but not be a substitute for,competent work by both road and utility design and installation
professionals.This chapter should not be construed to limit any innovative or creative effort which could result in
better quality, better cost savings,or improved safety characteristics.
It shall be the responsibility of any operator installing or relocating any of its facilities to ascertain and abide
by the requirements and conditions of this chapter.
(Ord. 115-06§ 1(part), 2006).
12.24.030 Definitions.
For the purposes of this chapter,the following terms, phrases,words,and abbreviations shall have the
meanings given herein, unless otherwise expressly stated.When not inconsistent with the context,words used in
the present tense include the future tense,words in the plural number include the singular number,words in the
singular number include the plural number,and the masculine gender includes the feminine gender.The words
"shall" and "will" are mandatory,and "may" is permissive. Unless otherwise expressly stated,words not defined in
this title shall be construed consistent with their common and ordinary meaning. References to governmental
entities(whether persons or entities) refer to those entities or their successors in authority.
If specific provisions of law referred to herein are renumbered,then the reference shall be read to refer to
the renumbered provision. References to laws,ordinances, rules, or regulations shall be interpreted broadly to
cover government actions, however nominated, and include laws,ordinances,and regulations, now in force or
hereinafter enacted or amended or re-codified.
"Abandon"or"abandonment" means and refers to an intent by the owner or operator to cease or surrender
use for the intended purpose.
"Administrative regulations" means regulations adopted and amended from time to time by the county
engineer that implement,supplement, or interpret Chapter 12.04 of this code.
"Appurtenance" means equipment and/or accessories which are a necessary part of an operating utility
system or subsystem or private lines.
"Backfill" means replacement of excavated material with suitable material compacted as specified.
"Boring" means grade and alignment-controlled mechanical or other method of installing a pipe or casing
under a road without disturbing the surrounding medium.
"Carrier" means pipe directly enclosing a transmitted fluid or gas.
"Casing" means a larger pipe enclosing a carrier for the purpose of providing structural or other protection to
the carrier and/or to allow for carrier replacement without re-excavation,jacking,or boring.
"Coating" means protective material applied to the exterior of a pipe or conduit to prevent or reduce
abrasion and/or corrosion damage.
"Conduit" means an enclosed tubular runway for protecting wires or cables.
"Cover" means depth to top of pipe,conduit,casing,or gallery below the grade of a road or ditch.
"Drain" means appurtenances to discharge accumulated liquids from casings or other enclosures.
"Encasement" means a structural element surrounding a pipe or conduit for the purpose of preventing
future physical damage to the pipe or conduit.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 2 of 15
"Exempt operator"or"exempt,"or any derivations thereof,shall, unless the context clearly indicates
otherwise, means any operator that has a continuing and lawfully vested right to occupy the Mason County road
rights-of-way to provide a particular service or services and may not lawfully be required to obtain consent from
the county to occupy or continue to occupy the road rights-of-way to provide such service or services.
"Franchise" means the authorization granted by the county for non-exclusive use and occupancy of road
rights-of-way in accordance with Chapters 36.55 and 80.32 RCW to provide a specific service within the franchise
area.Such franchise shall not include or be a substitute for:
(1) Any permit, agreement,or authorization required in connection with operations on or in public streets
or property, including by way of example and not limitation, utility permits; or
(2) Any permits or agreements for occupying any other property of the county or private entities to which
access is not specifically granted by the franchise.
"Franchise area" means the area of the county that an operator is authorized to serve by the terms of its
franchise or by operation of law.
"Gallery" means an underpass for two or more utility lines.
"Manhole" means an opening in an underground utility system or private lines into which workers or others
may enter for the purpose of making installations, inspections, repairs,connections,cleaning,and testing.
"Master road use permit" means the authorization granted by the county engineer to an exempt operator of
a utility system,giving the operator permission to enter upon and use specified road rights-of-way for the purpose
of installing, maintaining, repairing, relocating,or removing identified utility facilities to provide service.Such
master road use permit shall not include or be a substitute for:
(1) Any permit, agreement,or authorization required in connection with operations on or in specific parts
of the public roads or property, including by way of example and not limitation, utility permits;or
(2) Any permits or agreements for occupying any property of the county other than road rights-of-way or
property of private entities to which access is not specifically granted by the master road use permit
including,without limitation, permits and agreements for placing devices on or in poles,conduits,
other structures,or railroad easements,whether owned by the county or a private entity.
"Normal maintenance" means maintenance that is required to be performed in the normal course of utility
operations due to ordinary wear and tear; provided that, normal maintenance shall not include work requiring the
disturbance of the soil or improvements in the road right-of-way,or work when a traffic control plan would be
required pursuant to the Federal Highway Administration's Manual on Uniform Traffic Control as modified and
adopted by the Washington State Department of Transportation.
"Operator" means and refers to a person (a)who provides service over a utility system or private line(s)and
directly or through one or more affiliates owns a significant interest in such utility system or private lines; or(b)
who otherwise controls or is responsible for,through any arrangement,the management and operation of such a
utility system or private line(s).
"Pavement" means the combination of sub-base, base course, and surfacing placed on a subgrade to support
the traffic load and distribute it to the subgrade.
"Person" means and includes any individual, corporation, partnership, association,joint stock company,
limited liability company, political subdivision, public corporation,taxing districts,trust,or any other legal entity,
but not the county or any person under contract with the county.
"Pipe" means a structural tubular product designed,tested,and produced for the transmittance of specific
liquids and gases under specific conditions.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 3 of 15
"Plowing" means direct burial of utility lines by means of a "plow"type mechanism which breaks the ground,
places the utility line at a predetermined depth,and closes the break in the ground.
"Pressure" means internal gauge pressure in a pipe in pounds per square inch,gauge(psig).
"Private lines" means privately owned,operated,and maintained utility facilities devoted exclusively to the
use of the owner or operator.
"Relocation" means planned change of location of an existing utility facility to a more advantageous place
without changing the character or general physical nature of the utility facility.
"Replacement" means installation of a like element of a utility system or subsystem or private line in the
same or near-same physical location normally due to damage,wear,or obsolescence of the element.
"Restoration" means all work necessary to replace, repair,or otherwise restore the right-of-way and all
features contained within to the same or equal condition as before any change or construction thereto.
"Right-of-way" is a general term denoting public land, property,or interest therein, usually in a strip,
acquired for or devoted to transportation or secondary purposes.
"Road" or"roadway" is a general term denoting a street, road,or other public way, including shoulders,
designated for the purpose of vehicular traffic and located within the geographical and jurisdictional limits of
Mason County.
"Sleeve" means a short casing through a pier,wall,or abutment of a highway structure.
"Traffic control" means those activities necessary to safeguard the general public, as well as all workers,
during the construction and maintenance of utility facilities within the right-of-way.
"Transfer" means any transaction in which all or a portion of the utility system or private lines are sold or
assigned (except a sale or assignment that results in removal of a particular portion of the facility from the public
rights-of-way);or the rights and/or obligations held by the operator under the franchise or master street use
permit are transferred,sold,assigned, or leased, in whole or in part, directly or indirectly,to another party.A
transfer of control of an operator shall not constitute a transfer as long as the same person continues to hold the
franchise or master street use permit both before and after the transfer of control.
"Trenched" means installation of a utility facility in an open excavation.
"Untrenched" means installation of a utility facility without breaking the ground or pavement surface such as
by jacking or boring.
"Utility facility" means any part or all of the facilities and appurtenances of an operator whether
underground or overhead and located within the road right-of-way including but not limited to,conduit,case,
pipe, line,fiber,equipment,equipment cabinets and shelters,generators, poles,carriers,drains,vents,guy wires,
encasements,sleeves,valves,wires,supports,and foundations.
"Utility permit" means a document issued under the authority of the Mason County engineer(or public
works director)that provides specific requirements and conditions for specific utility facility installation, repair,
maintenance, or relocation work at specific locations within the right-of-way.
"Utility system" means utility facilities that together are used to provide service to the general public.
"Vent" means appurtenance to discharge gaseous contaminants from casings or other enclosures.
(Ord. 115-06§ 1(part), 2006).
12.24.035 Franchise/master road use permit/private line utility occupancy permit required.
(a) Franchise Required.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 4 of 15
(1) No person may occupy the road rights-of-way without first having obtained, in full force and effect,a
valid franchise issued by the county board of commissioners,except as follows:
(A) Franchises will not be required for private lines that have a de minimis impact upon the road
right-of-way; provided that,the operator has and maintains in full force and effect,a private line
utility occupancy permit.The following are examples of private lines which would ordinarily have
a de minimis impact upon or use of the road right-of-way:
(i) Private line serving one single-family residence;
(ii) A private line utility system with a single road right-of-way crossing of two hundred fifty
feet or less; and
(iii) A private line utility system with a single longitudinal use of the road right-of-way of five
hundred feet or less.
(B) Franchises will not be required for any work on road rights-of-way that is performed by or on
behalf of the county or by any entity under contract with the county to perform such work.
(C) Franchises will not be required for exempt operator utility facilities as provided herein; provided
that,the operator has and maintains in full force and effect a master road use permit.
(2) No franchise granted hereunder shall confer any exclusive right,grant, privilege,or franchise to occupy
or use the rights-of-way for delivery of services or any other purposes.
(b) Master Road Use Permit.
(1) In lieu of a franchise,an exempt operator shall obtain and have in full force and effect a valid master
road use permit issued by the county engineer.The authorization granted shall be conditioned upon
the operator's compliance with the terms and conditions of this chapter and the master road use
permit. Every master road use permit shall include,or be read to include,as if stated therein,a
reservation of rights by the county to require the operator to obtain a franchise as to those utility
facilities or uses for which the exemption is inapplicable or to which the exemption is otherwise
determined by a court of law not to be applicable. Further,the county does not, by issuance of a
master road use permit,waive its rights in the future to require the operator to obtain a franchise. No
master road use permit shall become effective until approved by the county engineer and accepted by
the exempt operator.
(2) A master road use permit does not convey title,equitable or legal, in the road rights-of-way nor is it an
authorization to operate utility facilities located within the road rights-of-way.The master road use
permit is intended to implement the right-of-way management policies of this chapter and to protect
the road rights-of-way through regulations governing the construction, installation, repair,
maintenance, removal, replacement,adjustment,and relocation of utility facilities.
(c) Private Line Utility Occupancy Permit. In lieu of a franchise, an operator using the road right-of-way for a
private line serving a single-family residence may apply for a private line utility occupancy permit.The private
line utility occupancy permit is intended to implement the right-of-way management policies of this chapter
and to protect the road rights-of-way through regulations governing the construction, installation, repair,
maintenance, removal, replacement,adjustment,and relocation of private line utility facilities.
(d) Application. Every application for a new cable franchise or a new open video system franchise,for renewal of
a cable franchise or an open video system franchise,for amendment to a cable franchise or open video
system franchise, and for transfer of a cable franchise or open video system,shall be governed by and
conform to the requirements of Chapter 5.20 of the Mason County Code.All other applications for a new
franchise, renewal of a franchise,amendment of a franchise,and for the transfer of a franchise,and every
application for a new franchise, master road use permit,or private line utility occupancy permit, or for an
amendment to a franchise, master road use permit,or private line utility occupancy permit, or for a transfer
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 5 of 15
of a franchise, master road use permit,or private line utility occupancy permit,or for a renewal of a franchise
or master road use permit shall be on forms provided by the Mason County engineer which application
forms shall,at a minimum,contain and require the following:
(1) Identity of Authorized Parties.The names and addresses of persons authorized to act on behalf of the
operator with respect to the application and those person(s)who are authorized to receive all notices
regarding action taken pursuant to an application.
(2) Nonrefundable Application Fees are..established by resolution and available on the County website and
at the Public Works Permit Center,A.n initi-al n ref,,.,dabl apphr-atien fee in the nt A-f.
it;twe hundred fifty dellaFs feF an amendment ef a franchise Ar master read use peFFAit;eRe
use peFFn
tr.;;n-,;fp-.r ef—Pi franr-hise er master read use permit, and one hundred dellar-,;f.n-.r efa private
line utility eGeupanGy permit.
The purpose of the nonrefundable application fee is to reimburse the county for the costs incurred to review
and issue or deny a franchise, master road use permit,or private line utility occupancy permit,or issue an
amendment thereto,or a renewal, or a transfer. In addition to the nonrefundable application fee,the applicant
shall,as a condition of action being taken, reimburse the county for the direct costs of third parties retained by the
county when deemed by the county engineer to be reasonable and necessary to assist the county in reviewing or
responding to the application.The county engineer shall,at the request of the applicant, provide an itemized
accounting for the services provided that become a cost of the applicant as provided herein.
The County Engineer is directed to review the application fees on a biennial basis and make a
recommendation to the board for adjustment of the application fees.The board may adjust the application fees
from time to time by a duly adopted resolution.
(3) Identity of Applicant. Identity of the operator,the persons who exercise working control over the
operator,and the persons who control those persons to the ultimate parent.
(4) Certificate Verifying Status as Exempt Operator. If applicable,a certification of the authorized officer of
the operator stating that the operator is exempt and the reasons therefore; provided that, if such
utility facilities will be used to provide services other than those qualifying it as an exempt operator,
the applicant shall state what other services will be provided and under what authority the applicant
will be utilizing facilities located within the public rights-of-way to provide such services.
(5) Location/Description/Purpose of Facilities.The location in the county in which the applicant proposes
to install utility facilities in the road rights-of-way, including the approximate linear feet of overhead
utility facilities,the approximate linear feet of underground utility facilities;the type of utility facilities
to be installed;and,the proposed use of the utility facilities and type of services to be provided.
(6) Certification Verifying Truth/Accuracy.A certificate of an authorized officer of the operator certifying
the truth and accuracy of the information in the application.
(e) Term.The term of the franchise and the master road use permit shall not exceed ten years.The private line
utility occupancy permit shall be revocable upon thirty days'written notice to the operator with or without
cause.
(f) No Vested Rights.The franchise, master road use permit, and private line utility occupancy permit do not
grant any vested right to have any utility facility installed or to remain at a specific location in the road right-
of way.
(g) Applicability to and Enforceability Against Operator. Even in the absence of a franchise, master road use
permit,or private line utility occupancy permit,all requirements of this chapter or any other applicable
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 6 of 15
provision of the Mason County Code or ordinance which have been promulgated under the county's police
or other regulatory powers shall apply and be enforceable against an operator,except to the extent,and
only to that extent,the application and enforcement of any such requirement is expressly prohibited by
applicable laws.
Any operator who currently occupies road rights-of-way without having in place a current and valid master
road use permit,franchise, private line utility occupancy permit,or other similar agreement with the county shall
submit a completed application for a franchise, master road use permit,or private line utility occupancy permit as
provided by this section within one hundred twenty days of the effective date of this section.The one hundred
twenty-day time period may be extended by the county engineer for good cause shown by an operator upon
written application received by the county engineer no less than five days prior to the expiration of the one
hundred twenty time period.The decision of the county engineer shall be final and non-appealable.
(h) Effect on Existing Franchises or Other Agreements. Except as otherwise provided in this chapter,this section
shall have no effect on any existing franchise or other agreement until:
(1) The expiration of such franchise or agreement;
(2) An amendment to an unexpired franchise or agreement, unless both parties agree to defer full
compliance to a specific date not later than the present expiration date; or
(3) Any transaction which results in a transfer.
(Ord. 115-06§ 1(part), 2006).
(Ord. No.04-11,§ 1, 1-11-2011)
12.24.040 Standards adopted.
(a) The current and any subsequent edition of the Standard Specifications for Road, Bridge and Municipal
Construction issued by the Washington State Department of Transportation WSDOT and the American
Public Works Association Washington State Chapter, is adopted as the Mason County standard specifications
for road and bridge construction applicable to construction,installation, repair, maintenance, removal,
replacement,adjustment,and relocation of utility facilities in the road rights-of-way which hereinafter shall
be referred to as"Standard Specifications."
(b) The county engineer is authorized and directed to prepare, review, update,and publish a Manual on
Accommodating Utilities in the Mason County Right-of-Way(the"Manual"); provided that,the manual shall
be consistent with this chapter,and applicable state and federal law,with the exception that,the manual
may include any road design standards which the county engineer shall deem necessary to provide adequate
protection to the road, its safe operation,appearance,and maintenance,which standards supersede the
standard specifications.
(c) There is adopted by reference the Mason County Road Standards,also known as the"road standards,set
forth in Section 12.04.030.
The county engineer shall provide opportunity for public comment upon the manual prior to its adoption.
Upon adoption by the county engineer,the manual and all subsequent amendments to and editions of the
manual,together with this chapter,shall be and become the utility accommodation policy of the board.All work
performed in the road rights-of-way for the construction, installation, repair, maintenance, removal, replacement,
adjustment, and relocation of utility facilities shall conform to the utility accommodation policy and road standards,
as applicable. The manual shall,at a minimum:
(1)Address all public and private utilities and other transmission facilities which are constructed, installed,
repaired, maintained, removed, replaced,adjusted,or relocated within the county road right-of-way pursuant to
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 7 of 15
franchises, permits,and/or exemptions from the permit process including, but not limited to,electric power,
telephone,television,telegraph,communication,water,gas,all petroleum products,steam,chemicals,sewage,
drainage and irrigation;
(2) Include general standards and requirements for the location,design, and construction of each utility
facility;
(3) Incorporate a written permit process for all utility work not exempted by the provisions of the utility
policy,and specify exemptions from such permit process, if any;
(4) Include specific requirements for underground utilities which shall include location and alignment,
depth of burial and cover,encasement, marking, appurtenances and related installation procedures;
(5) Include specific requirements for above ground utilities which shall include location, alignment,and
vertical clearances;and
(6) Include specific requirements for all utilities,which shall include aesthetic/scenic considerations,
installations on roadway bridges and structures,site restoration and cleanup,traffic control and public
safety,and both normal and emergency repairs.
(c) The standards,guidelines and requirements set forth in the current model utility accommodation policy as
published by the county road administration board is adopted as the"interim utility accommodation policy"
of Mason County until such time as the manual is adopted pursuant to subsection (b)of this section. Upon
adoption,the manual shall replaced and supersede the"interim utility accommodation policy."All work
performed in the road rights-of-way for the construction, installation, replacement, relocation,adjustment,
and maintenance of utility facilities shall conform to the"interim utility accommodation policy."
(d) The county engineer is further authorized and directed to prepare,adopt, publish,and amend from time to
time,administrative regulations(hereinafter referred to as the"administrative regulations")that implement,
supplement, and interpret this chapter; provided that,such administrative regulations are consistent with
this chapter,and applicable state and federal law.
(e) In the event of a conflict between Ch. 12.04 MCC,the administrative regulations,or the manual and the
standard specifications,the Mason County Code,the administrative regulations,and the manual shall take
precedence. In the event of a conflict between the Mason County Code and the administrative regulations or
manual,the Mason County Code shall take precedence. In the event of a conflict between the manual and
the administrative regulations,the manual shall take precedence.
(Ord. 115-06§ 1(part), 2006).
12.24.050 General requirements.
The following general requirements shall be applicable to construction,installation, repair, maintenance,
removal, replacement,adjustment,and relocation of utility facilities in the road rights-of-way:
(1) Location.
(A) Utility facility installations shall be located to minimize the need for later adjustment to
accommodate future roadway improvements and to permit access to servicing such installations
with minimum interference to roadway traffic.The county shall make available to operators a
copy of its six-year transportation improvement program (or capital facilities and transportation
plan where required), in order to minimize both utility customer and road user inconvenience
should future road improvements(on existing or new alignment) require adjustment or
relocating of the utility facilities.Said operators shall,within the limits of standard business
practice, make available appropriate short and long range development plans to the county.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 8 of 15
(B) The operator shall have a duty to ensure that utility facilities within the road right-of-way do not
become or constitute an unacceptable roadside obstacle and do not interfere with or create a
hazard to county maintenance of and along the road right-of-way. In such event, or in the event
that the county engineer, in his or her sole discretion,determines that a utility facility within the
road right-of-way has become or constitutes an unacceptable roadside obstacle or may interfere
with or create a hazard to county maintenance of and along the road right-of-way,the operator
shall at its expense,or the county may at operator's expense:
(i) Relocate the utility facility to another place within the right-of-way;
(i i) Convert the utility facility to a break-away design;
(iii) Crash-protect the utility facility;
(iv) Relocate the utility facility to another location off the road right-of-way; or
(v) In the event that the utility facility is screened from view(i.e., not readily visible from all
directions by persons standing at ground level), remove or trim vegetation in and around
the utility facility.
(C) Installations that are required for a road purpose,such as street lighting or traffic signals,are to
be located and designed in accordance with this chapter.
(D) Where existing utility facilities are in place, new utility facilities shall be compatible with the
existing installations and conform to this chapter as nearly as practicable.
(E) Every operator shall have a continuing duty to identify the location of existing utility facilities of
the operator in the road right-of-way in a format acceptable to the county engineer. In the event
that information regarding the location of existing facilities in the road rights-of-way is not readily
available,operator shall have a continuing duty to use due diligence to prepare and provide such
information to the county engineer in a form and time frame acceptable to the county engineer.
(2) Design—General.
(A) The operator shall be responsible for the design of the utility facility being proposed.This
responsibility shall include, in addition to the integrity of the proposed utility facility, provisions
for public safety during the course of construction,as well as consideration of traffic safety and
accident potential for the life of the installation.
(B) For work requiring application to the county,the county may review and approve the operator's
plans with respect to:
(i) Location;
(i i) The manner in which the utility facility is to be installed;
(iii) Measures to be taken to preserve safe and free flow of traffic;
(iv) Structural integrity of the roadway, bridge, or other structure;and
(v) Ease of future road maintenance,and appearance of the roadway.
(C) 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 right-of-way.
(D) Granting of a franchise, master road use permit, private line utility occupancy permit,or utility
permit shall not imply or be construed to mean the county shall be responsible for the design,
construction, installation, repair, maintenance, removal, replacement,adjustment, relocation,or
operation of the utility facility or for public safety during the utility facility's construction,
installation, repair, maintenance, removal, replacement,adjustment, relocation,or operation.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 9 of 15
The county's grant of a franchise, master road use permit, private line utility occupancy permit,
or utility permit and approvals given therein are for the sole purpose of protecting the county's
rights as the owner or manager of the road right-of-way and shall not constitute any
representation or warranty,express or implied,as to the adequacy of the design,construction,
installation, relocation, repair, maintenance, removal, replacement, adjustment, relocation,
operation of the utility facilities,or suitability of the road right-of-way for construction,
maintenance, or repair of the utility facilities.The county is under no obligation or duty to
supervise the design,construction, installation, repair, maintenance, removal, replacement,
adjustment, relocation,or operation of the utility facilities.
(3) Standards and Codes.All utility facilities shall be designed in accordance with the standards,codes,and
regulations applicable to the type of utility facility.The methods of construction, installation, repair,
maintenance, removal, replacement,adjustment, relocation,and materials used shall conform to the
codes and standards promulgated by the government and by the industry.This shall also include any
road design standards adopted by the county.
(4) Adjustment and Relocation of Existing Utility Facilities.
(A) Existing underground utility facilities on county road right-of-way may be removed or relocated
when road work funded by the county would disturb the existing underground utility facilities.All
such removal or relocation shall be at the sole expense of the operator,and all work must be
accomplished by the same permitting process as for new utility facility installations.
(B) Notwithstanding reinforcement or protection otherwise provided,the operator and its
contractors and subcontractors shall be responsible for the security of all utility facilities within a
road construction zone.Where there are unusual utility hazards or where heavy construction
equipment will be used,the operator and its contractors and subcontractors shall provide
adequate temporary protection. In replacing the roadway,the design should give due
consideration to the protection of previously existing utility facilities in the roadway section
without sacrificing the geometrics of roadway design.
(Ord. 115-06§ 1(part), 2006).
12.24.060 Permits.
(a) General Requirements. For all work in the road right-of-way to construct, install, maintain, repair, removed,
replace,adjust, or relocate utility facilities,a utility permit will be required for each specific project and
location,except for(1)aerial drops,and (2) normal maintenance.
Utility permit applications shall be submitted in writing to the county engineer on forms provided by that
office. No work may be performed within the road right-of-way to construct, install, maintain, repair, replace,
adjust,or relocate utility facilities until after receipt of the returned,approved utility permit,an insurance
certificate conforming to the requirements of this chapter is obtained, a performance bond is obtained when
required by the county engineer,and notification is made to the county engineer indicating when work will
commence. In emergencies only, permission may be granted by the county engineer for commencement of work
prior to receipt by the operator of the approved permit; provided that,as soon as practical thereafter,the
operator shall apply for and obtain a utility permit.The provisions of this chapter shall apply only to utility facilities
located above,on,or under the road right-of-way, properties owned or controlled by the county,and properties
that will be dedicated to the county for road rights-of-way. No utility facility shall be used for other than the
purpose stated in the utility permit,franchise, master road use permit,or private line utility occupancy permit,
unless written approval is granted by the county.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 10 of 15
(b) Specific Requirements.When required, utility permit applications shall be submitted in a standard format as
prescribed by the county.The utility permit application shall include the following information:
(1) Agreement to all pertinent provisions of this chapter and to such special conditions as the county may
deem appropriate;
(2) Agreement to indemnify,defend, release, and hold harmless the county, its elected and appointed
officers, and its agents,and employees from and against any and all claims,demands,or causes of
action of whatsoever kind or nature,and the resulting losses,costs,expenses, reasonable attorneys'
fees, liabilities, damages,orders,judgments, or decrees sustained by the county or any third party
arising out of the presence of the utility facilities in the road rights-of-way,or by reason of,or resulting
from the acts,errors,or omissions of the operator or operator's agents, independent contractors,or
employees related to or in any way arising out of the construction, installation, repair, maintenance,
removal, replacement,adjustment, relocation,or operation of utility facilities within the county road
right-of-way,or by reason of,or resulting from the acts,errors,or omissions of third parties when
arising out of the installation,construction,adjustment, relocation, replacement, removal,
maintenance,of such third party utility facilities within the road rights-of-way when such work is
performed under authority of operator's utility permit or at the direction or under the control of the
operator;
(3) Description of the utility facilities to be installed; and
(4) Adequate exhibits depicting existing or proposed location of the 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 are anticipated.
(c) Utility Permit Fees. Utility permit fees, established by resolution and available on the County website and at
the Public Works Permit Centers Arder are required to offset the costs of administering the policy for
accommodation of utility facilities on county road rights-of-way, including the orderly recording and
maintenance of records of utilities,the applicant shall pay the reasonable costs to the county for
investigating, handling,and granting the utility permit, including a basic overhead charge of^^^hundred
twenty five dollars for a utility permit application and thirty five dollars for a one-time renewal for one
month with no change in scope from the original utility permit,together with an additional charge for all
costs and expenses, if any,actually incurred by the county in investigation of the application; provided that,
no charge will be made for applications where the applicant is in the United States or any of its agencies,or a
utility anticipating relocation from its private easement acquired or to be acquired by the county for
construction or reconstruction of a county road.The applicant shall pay an additie-nal eest charge of twenty
five cents peF feet feF inspectieR -and recereling ef utility faceilitiers basseed een the liffineal feetage ef utility te he
r-tall,d
The county engineer is directed to review the inspection and recording fees on a biennial basis and make a
recommendation to the board for adjustment of the application fees.The board n a -shall adjust the inspection
and recording fees from time to time by resolution.
An equitable portion of the added costs of design and construction of highway structures which may be
required to accommodate utility facilities shall be charged to any operator for any necessary relocation of its utility
facilities and/or to any operator making new installations.
(d) Performance/Payment Bond. Before any work commences in the road right-of-way,the county engineer may
require the operator to provide a performance and payment bond for each separate project in an amount to
be determined by the county engineer, but not less than five hundred dollars, written by a surety company
acceptable to the county risk manager and authorized to do business in the state of Washington.The
purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,
slope treatment,top soil, landscape treatment,and drainage facilities,cleanup of rights-of-way,and
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 11 of 15
payment of costs incurred by the county to enforce the requirements of this chapter.The performance and
payment bond shall be in plaee JeF a peFie ' ^^thin^^t Mere than ene effect for a minimum of two years
following acceptance of the work as complete by Mason County. after. the date of c ^l^t;^.
A project specific performance bond shall not be required for(1)an operator that has in place a blanket
performance bond and,when required,a payment bond maintained by the operator pursuant to the requirements
of the operator's franchise or master road use permit guaranteeing performance of the obligations of the operator
as described therein,or(2)for an operator of private lines operating under a private line utility occupancy permit;
provided that,the work in the road right-of-way is being performed by a licensed and bonded contractor.
A performance and payment bond for work in the road right-of-way will not be required of the United States
Government or any of its agencies or of any municipal corporation or department of the state of Washington and
its local subdivisions.
(e) Joint Occupancy. In the event utility facilities of two or more operators are to occupy a common trench,a
basic utility permit fee and inspection fee will be required for each such utility facility installation.All moneys
shall be paid to the county road fund and no part shall be refundable.
(f) Record Drawings. Upon completion of work in the road right-of-way for which a utility permit is required,the
operator shall provide or cause to be provided record drawings to the county engineer in a form acceptable
to the county engineer,depicting at a minimum the location,alignment,and depths of the utility facilities
installed or relocated.The county engineer may accept Global Positioning Satellite(or equivalent)
coordinates in lieu of record drawings and encourages providing record drawings in an electronic form and
format acceptable to the county engineer.
Commencing the i st day of january, 2009 aAII record drawings shall be provided in an electronic form and
format acceptable to the county engineer for inclusion on the county's GIS database.
(Ord. 115-06§ 1(part), 2006).
12.24.100 Protection of county and residents.
(a) Indemnification Required. Every franchise, master road use permit,and private utility line occupancy permit
issued to an operator shall include an adequate agreement from the operator to indemnify,defend, release,
and hold harmless the county, its elected and appointed officers,and its agents,and employees from and
against any and all claims,demands,or causes of action of whatsoever kind or nature,and the resulting
losses,costs,expenses, reasonable attorneys'fees, liabilities,damages,orders,judgments,or decrees
sustained by the county or any third party arising out of the presence of the utility facilities in the road rights-
of-way,or by reason of,or resulting from the acts,errors,or omissions of the operator or operator's agents,
independent contractors,or employees related to or in any way arising out of the construction, installation,
repair, maintenance, removal, replacement, adjustment, relocation, or operation of utility facilities within
the county road right-of-way.
(b) Insurance.
(1) Except as provided at subsection (b)(2)of this section for private line utility facilities,every operator
shall have and maintain adequate insurance in a form and with coverages and limits sufficient, in the
judgment of the Mason County risk manager,to protect the county.
The required insurance shall cover all liability of the operator arising out of,or related to,the
operator and its officers',directors',employees',contractors',subcontractors',and agents'
performance or nonperformance, under the franchise, master road use permit,or utility permit, or
arising out of the presence of the operator's utility facilities in the road rights-of-way,or arising out of
the installation,construction,adjustment, relocation, replacement, removal, maintenance,or
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 12 of 15
operation of the operator's utility facilities in the road rights-of-way,or by reason of,or resulting from
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; all such liability includes,without
limitation, any negligence of the operator and its officers,directors, employees,contractors,
subcontractors,and agents.
Policies shall be issued by companies authorized to do business under the laws of the state of
Washington and with financial ratings acceptable to the Mason County risk manager.The insurance
shall include blanket contractual coverage, including coverage for written contracts and specific
coverage for the indemnity provisions set forth in the franchise, master road use permit, private line
utility occupancy permit,and utility permit.
The county shall be named as an additional insured,without limitation,on the general liability
policy.
(2) An operator of private line utility facilities meeting the following requirements shall not be required to
comply with the insurance requirements of subsection (b)(1)of this section:
(A) The utility facilities are permitted under a private utility line occupancy permit;
(B) The work in the road right-of-way is performed by a licensed and bonded contractor; and
(C) The contractor performing the work provides a certificate of insurance to the county in a form
and with coverages and limits sufficient, in the judgment of the Mason County risk manager,to
protect the county.
The insurance required from the contractor shall cover all liability of the contractor, its
subcontractors,and their agents'arising out of work performed in the public rights-of-way,
including,without limitation,any negligence of the contractor and its officers,directors,
employees, contractors,subcontractors, and agents.
The county shall be named as an additional insured,without limitation,on the general
liability policy.
(3) If the operator or contractor does not have the insurance required pursuant to subsections(b)(1)and
(2),the county may order the operator or contractor to stop any activity in the road rights-of-way until
the insurance is obtained and approved.
(c) Performance/Payment Bonds. Every operator shall be required to obtain performance bonds and, if
necessary, payment bonds,to ensure the faithful performance of its responsibilities under any franchise or
master road use permit.
The minimum amount of the performance/payment bond necessary to achieve the purpose of the bond
requirement for a franchise or master road use permit shall be set by the county engineer based upon such factors
that relate to the risk to the county and nonperformance by the operator.The performance and/or payment bond
shall be a minimum of twenty-five thousand dollars.The amount of the performance and/or payment bond may,
from time to time, be increased or decreased to reflect changes in risks to the county.The requirement for a
performance and/or payment bond may be waived for public entities or operators determined by the county
engineer to be operators in good standing.
The performance and/or payment bond shall be in a form acceptable to the county engineer; be with a
surety company authorized to do business in the state of Washington with financial ratings acceptable to the
Mason County risk manager;and,shall provide that it cannot be revoked during the term of the franchise or
master road use permit and for two years thereafter.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 13 of 15
(Ord. 115-06§ 1(part), 2006).
12.24.110 Transfer/change of control.
(a) No franchise or master road use permit may be transferred without:
(1) Prior written notice to the county;
(2) Execution of an agreement with the county unconditionally providing that the transferee will be bound
by all the conditions of the applicable franchise or master road use permit and will assume all the
obligations of its predecessor;
(3) Resolving or preserving to the satisfaction of the county any outstanding compliance issues; and
(4) Filing or establishing with the county the insurance certificates,security fund,and performance bond
as required pursuant to this chapter.
(b) A transfer shall not in any respect relieve the operator,or any of its successors in interest,of any obligation
or liability occurring prior to the transfer,or of responsibility for acts or omissions occurring prior to the
transfer, known or unknown,or the consequences thereof, including the review of past performance for
purposes of determining whether the franchise or master road use permit should be renewed.
(Ord. 115-06§ 1(part), 2006).
12.24.120 Remedies/violation/penalties.
(a) Revocation or Termination of Franchise/Master Road Use Permit.A franchise or master road use permit may
be revoked upon notice and opportunity to cure for any one or more of the following reasons:
(1) Construction or operation at an unauthorized location;
(2) Unauthorized transfer of the operator's franchise or master road use permit;
(3) Unauthorized sale,assignment,or transfer of the operator's franchise assets or an interest therein;
(4) Misrepresentation by or on behalf of an operator in any application to the county;
(5) Abandonment of utility facilities in the road rights-of-way.Abandonment of a utility facility shall be
presumed when a utility facility has not been used for a continuous period of twelve months or the
appearance and condition of the utility facility together with the lack of maintenance or repair would
lead a reasonable person to believe that the utility facility has been abandoned;
(6) Failure to relocate,adjust,or remove facilities as required in this chapter;
(7) Failure to pay taxes,compensation,fees, or costs when and as due to the county;
(8) Insolvency or bankruptcy of the operator;
(9) Violation of a material provision of this chapter; and/or
(10) Violation of a material term of a franchise or master road use permit.
(b) Revocation/Termination of Private Utility Line Occupancy Permit.The county engineer may terminate or
revoke a private line utility occupancy permit at any time upon thirty days'written notice,with or without
cause.
(c) Penalties/Violation.
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 14 of 15
(1) Misdemeanor.Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor, and, upon conviction thereof,shall be punished by a fine not exceeding one thousand
dollars or by imprisonment for not more than ninety days,or by both such fine and imprisonment. Each
person,found guilty of a violation shall be deemed guilty of a separate offense for every day during any
portion of which any violation of any provision of this chapter is committed,continued or permitted by
such person,firm,or corporation and shall be punishable therefor as provided for in this chapter.
(2) Civil Infractions.The violation of any provision of this chapter is designated as a Class I civil infraction
pursuant to Chapter 7.80 RCW.
(3) Notwithstanding the existence or use of any other remedy,the county may seek legal or equitable
relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a
violation of this chapter.
(Ord. 115-06§ 1(part), 2006).
Created: 2024-02-01 12:03:21 [EST]
(Supp. No.66,2-24,Update 1)
Page 15 of 15
ATTACHMENT F
14.28.110 Road signs.
All traffic signs and installations shall conform to the latest edition of the Manual on Uniform Traffic Control
Devices(MUTCD),as adopted by the Secretary of the Washington State Department of Transportation per RCW
47.36.030.
(a) All roads maintained by Mason County shall display the proper signing,including road name and district
indicator.
(b) Mason County shall be responsible for the placement and maintenance of all road signs required for
implementing this ordinance for county maintained roadways.
(c) Roadways within Mason County,maintained and signed by the Washington State Department of
Transportation,will be the responsibility of that department.
(d) Private roads not maintained by Mason County shall be signed in conformance with this ordinance within
thirty days of naming the private roadway.
(e) Parcel owners using the private roadway shall be responsible for the cost and maintenance of private road
signs.
(f) Streets and roads shall be identified with approved signs.
(g) Temperar-y sigas shall be installed at each street inter-seetion when developmeW of new roadways allows
passage byvehieles. Signs shall be a miaimtim of tweat-y fetw inehes in length or a maximum of sixty inehes
to aceommodate varying name lengths.Height shall be a minimum of eight inehes with five ineh letters
deseribing the geographioal indieatof fifst then the road nafne eading in the Foad type indieatoF as described in
the State Sig F.,brieation Ma"al Tact 05
For example:
E island Lake 4)T—.
CRC
(hg) Signs shall be of green permanent waterproof materials with white reflective lettering.All sign supports shall
be of a breakaway design,having the ability to break away if struck by a vehicle.
(ih) The sign shall be a minimum height of seven feet from the bottom of the sign to surface of the ground,for
visibility.
(}i) The sign shall be located as to not interfere with site distance or road maintenance operations.
(ki) Private road signing,placement and maintenance shall be the responsibility of the property owner(s).
(Ord.No.44-10,5-25-2010;Ord.No. 32-13,6-18-2013)
Created: 2023-05-24 11:42:41 [EST]
(Supp. No.63,5-23,Update 1)
Page 1 of 1
RESOLUTION NO.
A RESOLUTION ESTABLISHING FEES FOR PUBLIC WORKS PERMITS, GIS SERVICES AND
FRANCHISE AGREEMENTS
WHEREAS, the County Engineer has updated the Mason County Road Standards that
includes three (3) new right of way permits to use unimproved, unmaintained, and unopened rights of
way, requiring Public Works to review current fee schedule; and
WHEREAS, current fees are adopted within the Mason County Municipal Code which makes
them cumbersome to find and update as needed without holding a public hearing to update the code;
and
WHEREAS, the Public Works Department wishes to be able to be transparent in the fees by
including them into one document that is only reference in the code, that can be easily reviewed and
updated as needed; and
WHEREAS, department staff has reviewed the fees included; and
WHEREAS, this Fee Resolution will be reviewed annually and updated when necessary.
NOW THEREFORE, BE IT RESOLVED that the Mason County Board of Commissioners does
hereby adopt the Department of Public Works Fee Schedule, attached as Exhibit A.
DATED this day of , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board
Randy Neatherlin, Chair
APPROVED AS TO FORM:
Kevin Shutty, Vice Chair
Tim Whitehead, Chief DPA
Sharon Trask, Commissioner
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO.
UTILITY PERMIT FEES AND REQUIREMENTS
CABLE FRANCHISE FEES
Permit and Franchise Fees Price Each
Utility Franchise $400
Cable Franchise $5,000
Master Road Use Permit $400
Private Line Utility Occupancy Permit $200
*Utility Permit - Category 5 Right of Way Use $125
**Utility Permit Extension $35
Franchise/ MRUP Renewal $300
Franchise/MRUP Amendment $250
Amend Private Line Permit $100
Transfer Franchise/MRUP $100
Transfer Private Line Permit $100
*In addition, an inspection fee of $0.25/ foot will be assessed.
**One month, with no change in scope of work.
Additional Requirements
A Minimum performance bond for any Utility Permit or Private Line Utility Occupancy
Permit is $500.
Minimum performance bond for Utility Franchise and Master Road Use Permit is $25,000.
All Utility Franchise Agreements, Master Road Use Permits, Private Line Occupancy
Permits and Utility Permits require indemnification for the County. This will be evidenced
by an insurance certificate showing a minimum of $2,000,000 general liability coverage
and naming Mason County as an additional insured party under the policy.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO.
RIGHT OF WAY PERMITS
Permit Fees Price Each
Category 1 —Unopened Rights of Way $300
Category 2—Unopened Right of Way $300
Category 3— Trail Permit $50
Category 4—Road Approach/Encroachment Permit $200.00
Category 5—Utility Permits $125.00
Lineal Ft. Work $ 0.25/per ft.
Permit Extension $ 35.00
Category 6—Overweight Moving Permits $ 10.00
Monthly Over Dimensional Moving Permit $ 10.00
Yearly Over Dimensional Moving Permit $ 30.00
Category 7—Road Use Permit(excludes special use permits) $100
Road Closure Postings $100
* Road Closure Publication $200
ff Additional Requirements
The amount of the maintenance bond or surety shall be ten percent(10%) of the estimated
construction cost of the improvements requiring maintenance,or five thousand dollars
($5,000.00)whichever is greater. The construction cost of the facilities requiring maintenance
shall be estimated by a professional engineer and is subject to approval of the County Engineer.
*For permits requiring a road closure to be published in the newspaper per RCW. The applicant may
be required to pay the publication cost before the permit can be issued.
PUBLIC WORKS FEE SCHEDULE
ADOPTED BY RESOLUTION NO.
GIS MAP PRICES
Custom and Existing Map Orders
Mason County GIS Staff can provide custom mapping services for your mapping needs.
The billing rate is $72.50/hr, with a minimum 1/2-hour charge ($36.25).
The Mason County GIS Department sells prints of all existing maps based on size. See chart
below for print sized and prices. The GIS staff typically provides the recommended printing
size during the ordering process. The GIS Department will not be responsible for any
dissatisfaction, misuse or misinterpretation of a map if the customer requests the map printed
at a non-recommended size.
Digital copies (PDF) of existing maps can be made available on CD for either pick-up at the
GIS office or they can be mailed to the customer. Those requesting digital copies of a map(s)
through the mail will be charged a 1/2-hour labor, plus shipping, materials and any applicable
sales tax. Many existing maps are available for free download from the "Maps Online"
section of the County website.
To get the lower price for the additional copies, the order must be for the same map, at the
same size and printed at the same time.
PRICE
PRICE for Additional
P SI (1st co
11 x 17" --or smaller $1.00 $0.25
17"x 22" $16.50 $1.50
18"x 24" $16.75 $1.50
22"x 24" $17.00 $2.00
22"x 34" $17.50 $2.50
24"x 36" $17.75 $3.00
28"x 40" $18.00 $4.00
36"x 36" $18.25 $4.50
34"x 44" $18.50 $5.00
36"x 48" $20.00 $6.50
41"x 50" $25.00 $8.00
Lamination of 11" x 17" or smaller is $0.50 per map
Pricin for Available Maps
Map Name NEEL- Size Price Each
Addressing Districts 36" x 36" $18.25
Allyn Urban Growth Area Zoning 17"x 22" $16.50
Belfair Urban Growth Area Zoning 17"x 22" $16.50
Belfair Water District 22"x 34" $17.50
Belfair Sewer Connection Zones 34"x 44" $18.50
County Commissioner Districts 36"x 36" $18.25
Development Areas(County Zoning)Map Panels 41"x 50" $25.00
Election Precincts-County 36"x 36" $18.25
Election Precincts in the loth Congressional Districts 36"x 36" $18.25
Fire Districts 36"x 36" $18.25
Future Land Use 26"x 36" $17.75
Oakland Bay Clean Water District 34"x 44" $18.50
County Parks 34"x 44" $18.50
Port Districts 36"x 36" $18.25
Public Utility(PUD)Districts 36"x 36" $18.25
Assessor Revaluation Areas 36"x 36" $18.25
Road Atlas- small 12" x 7.75" $26.59
Road Atlas-large I V x 17" $30.26
Road Map 41"x 50" $25.00
School Districts 36"x 36" $18.25
Shoreline Environment Designations 36"x 36" $18.25
Storm and Surface Water Utility(5 maps) 17"x 22" $16.50
Urban Growth Areas 36"x 48" $20.00
USGS Quad Index Grid 36"x 36" $18.25
Zip Code Areas 36" x 36" $18.25
The GIS Department strongly recommends printing existing maps on the size of paper they were originally designed for.
C
A
Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Mike Collins,PE,Deputy Director/County Ext.450
Engineer
Department: Public Works Briefing: ❑x
Action Agenda: ❑x
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 1,2024 Agenda Date: April 9, 2024
Internal Review: ❑ Finance ❑ Human Resources ❑x 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: Interlocal Agreement for Public Works Reimbursable Work, Supplies and Services with local
Fire Districts and Grapeview School District
Background/Executive Summary:
Public Works recently worked with our legal and risk management departments to update our interlocal service
agreements(ILA). These updates include language acknowledging annual cost adjustments for fuel and services,
updated liability terms, and clauses for those participating fire districts in a snowplow pilot program.
Per current service agreements,the agreements remained in effect until either party terminates with written notice.
Notices were sent out and the following fire and school districts wish to continue using Public Works services.
Central Mason Fire-EMS Mason County Fire District 12
West Mason Fire Authority Grapeview School District
Hoodsport Fire&EMS
Budget Impact•
Services are through a cost reimbursement basis.
Public Outreach:
N/A
Requested Action:
Request the Board authorize the Chair to sign interlocal agreements between Mason County Public Works and Central
Mason Fire-EMS,West Mason Fire Authority, Hoodsport Fire&EMS,Mason County Fire District 12 and
Grapeview School District.
Attachments:
1. ILA Agreements
INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND CENTRAL MASON FIRE-EMS
FOR
PUBLIC WORKS DEPARTMENT
REIMBURSABLE WORK, SUPPLIES AND SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the 9 _day of
April , 2024, by and between Central Mason Fire-EMS (hereinafter referred to as
CMFE)and Mason County(hereinafter COUNTY) collectively referred to as PARTIES.
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies,and
WHEREAS,the CMFE has expressed interest in an Interlocal agreement with the
COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable
work,supplies, and services (including emergency assistance).
WHEREAS,the COUNTY has expressed interest whereby CMFE will provide
occasional winter snowplow assistance utilizing CMFE vehicle equipped with a COUNTY-
owned plow.
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the
PARTIES agree as follows:
1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to
a) provide the above-mentioned services to the CMFE when a work request has been
approved by both parties, and
b)the CMFE to provide occasional winter snowplow assistance.
2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an
AGREEMENT representative. Each PARTY may change its representative upon providing
written notice to the other PARTIES. The PARTIES'representatives are as follows:
To Mason COUNTY: To CMFE:
Dept. of Public Works Central Mason Fire-EMS
100 W Public Works Drive 122 W Franklin Street
Shelton, WA 98584 PO BOX 277
Shop/Fuel Station Services: Shelton,WA 98584
Attn:Pete Medcalf Attn: Jeff Snyder
Email:pmedcalf@masoncountywa.gov Phone: 360-426-5533
Other Services: Email:jsnyder@cmfe.org
Attn: Jeremy Seymour
Phone: (360)427-9670,Ext. 450
Email:jeremys@,p2asoncountywa.gov
Agreement No.
Page 1
3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the
agreement by both COUNTY and the CMFE and shall remain in effect until EITHER PARTY
terminates by giving ten days written notice to the OTHER PARTY.
4. WORK REQUESTS: The CMFE will normally request work from the COUNTY Road
Operations&Maintenance Manager,Jeremy Seymour and/or ER&R Supervisor,Pete Medcalf.
The request shall be made by an authorized representative of the CMFE by e-mail,fax or mail.
Phone or verbal requests must be followed up with a written request. The COUNTY will only
do work as authorized by the CMFE.
5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the
CMFE'S representative, giving due consideration to the immediacy of the CMFE'S need and
workload of the COUNTY.
6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the
nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of
documentation and reporting of all maintenance work and service work. Notification of
shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of
the new rates. Fees do not include Washington State sales tax which will be added to each
invoice. In addition,the CMFE is to pay for all parts provided by the COUNTY from COUNTY
stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and delivery,plus any
mark-up as described below. Expenses outlined herein shall be paid by the in the manner set
forth below:
a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to
the CMFE.
b) The cost of parts the COUNTY has in stock or are billed to the CMFE. This
cost for parts and all labor services provided by the COUNTY will be directly billed.
c) Fluids used and replaced will be billed at the normal rates paid by the CMFE
plus a percentage mark-up set yearly,as well as fluid accountability requirements and
any required disposal charges incurred by the COUNTY.
d) Pick-up and delivery charges will be directly paid by the CMFE to the entity
providing such services.For example, if towing is required,the CMFE will
pay the towing company directly.
Any services required after normal shop hours will be billed at overtime rates. Field repairs
normally will include shop truck costs. Payment is due upon receipt of invoice and payment
shall be expected in thirty (30)days from date of invoice. Invoices and payments are to be sent
to the address and representative referred to in section 2.
7. FUEL STATION SERVICES: The COUNTY and the CMFE agree to the following
when using the fuel station:
a) The CMFE maybe permitted to fuel its vehicles utilizing the facility maintained by the
COUNTY at the Public Works Facility.
b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin
numbers.
Agreement No.
Page 2
c) The CMFE may have twenty-four-hour access to the fueling facility by special key card
furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel costs as
charged to Mason COUNTY (price of fuel is adjusted on a weekly basis)with a
percentage per gallon of fuel surcharge in addition to the fuel price for administrative and
maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY
ER&R Supervisor.
d) The CMFE agrees to accept responsibility for the use of and charges to issued account
number.
e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and
time of purchase,product quantity,cost and cards used. Payment is requested within 30-
days.
8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and the
CMFE agree to the following when using this service:
a) The CMFE shall pay the COUNTY all actual costs (direct and indirect)for requested
services;an estimate will be provided by the COUNTY to the CMFE agree to the
following when using this service: if requested.
b) The COUNTY shall invoice the CMFE agree to the following when using this service:
detailing time and/or materials used by the COUNTY.
c) Payment is due upon receipt of the invoice and payment shall be expected in thirty (30)
days from the date of invoice. Invoices and payments are to be sent to the address and
one of the representatives referred to in section 2.
9. SNOW PLOW SERVICES PROVIDED BY CMFE:
a) The COUNTY shall provide the CMFE a plow and upfit the CMFE vehicle at no charge.
The COUNTY shall retain ownership of the plow.
b) The COUNTY shall provide training to the CMFE prior to placing in service, including
instructions for plow installation/removal,plow operation, and equipment safety check.
c) The CMFE,to the fullest extent permissible by law, shall be solely responsible for any
liability associated with performing plowing operations. The CMFE shall be liable for
any damage to the plow and upfit equipment caused by the CMFE.
d) The CMFE shall provide the COUNTY with a Certificate of Insurance demonstrating
Commercial General Liability coverage of at least$1 million per occurrence,$2 million
aggregate; auto liability of$2 million per occurrence, $4 million aggregate; and statutory
workers compensation limits.
e) The CMFE shall ensure that operators are subject to regular driver record checks and
properly licensed to operate.
f) The CMFE shall communicate with the COUNTY when they initiate any work on a
County road.
10. HOLD HARMLESS AND INDEMNIFICATION: (A.)The CMFE agree to the
following when using this service: shall hold harmless, indemnify and defend the COUNTY, its
officers, officials,employees and agents,from and against any and all claims, actions, suits,
liability, loss,expenses,damages, and judgments of any nature whatsoever,Including costs and
attorney's fees in defense thereof,for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising out of the CMFE'S acts, errors or omissions in the
Agreement No.
Page 3
I
performance of this AGREEMENT. PROVIDED HOWEVER,that the CMFE'S obligation
there under shall not extend to injury, sickness, death or damage caused by or arising out if the
sole negligence of the COUNTY, its officers, officials,employees or agents.
PROVIDED FURTHER,that in the event of the concurrent negligence of the PARTIES,the
CMFE'S obligations hereunder shall apply only to the percentage of fault attributable to the
CMFE, its employees or agents. (B.). With respect to the CMFE'S obligations to hold
harmless, indemnify and defend provided for herein, but only as such obligations relate to
claims, actions or suits filed against the COUNTY,the CMFE further agrees to waive its
immunity under the State Industrial Insurance Law,Title 51,RCW, for any injury or death
suffered by the CMFE'S employees caused by or arising out of the CMFE'S acts, errors or
omissions in the performance of this AGREEMENT. This waiver has been mutually negotiated
by the PARTIES. (C.) The CMFE'S obligations hereunder shall include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or omission or
breech of any common law, statutory or other delegated duty by the CMFE, the
CMFE'S employees, agents or subcontractors.
11. ASSIGNMENT,DELEGATION AND SUBCONTRACTING: The PARTIES shall
perform the terms of the AGREEMENT using only their bona fide employees or agents.
12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal,
state and local laws,rules and regulations in performing this AGREEMENT.
13. NON-DISCRIMINATION POLICY: The COUNTY and the CMFE agree not to
discriminate in the performance of this Agreement because of race, color, national origin, sex,
sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or
the presence of any physical,mental sensory handicap, or other status protected by law.
14. FILING:This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the COUNTY'S website.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
DATED this Q , day of April ,2024.
Agreement No.
Page 4
BOARD OF COUNTY COMMISSIONERS CENTRAL MASON FIRE-EMS
MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON
Jeffrey S. Snyder
Chair By
ATTEST:
Si a e
Clerk of the Board Fire Chief
Title
APPROVED AS TO FORM:
Ch. DPA
RECOMMENDING APPROVAL:
COUNTY Engineer
Agreement No.
Page 5
INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND WEST MASON FIRE
FOR
PUBLIC WORKS DEPARTMENT
REIMBURSABLE WORK, SUPPLIES AND SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington,on the day of
, 2024,by and between West Mason Fire (hereinafter referred to as
DISTRICT) and Mason County(hereinafter COUNTY) collectively referred to as PARTIES.
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the
COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable
work, supplies,and services (including emergency assistance).
WHEREAS,the COUNTY has expressed interest whereby DISTRICT will provide
occasional winter snowplow assistance utilizing DISTRICT vehicle equipped with a COUNTY-
owned plow.
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the
PARTIES agree as follows:
1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to
a)provide the above-mentioned services to the DISTRICT when a work request has been
approved by both parties, and
b)the DISTRICT to provide occasional winter snowplow assistance.
2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an
AGREEMENT representative. Each PARTY may change its representative upon providing
written notice to the other PARTIES. The PARTIES' representatives are as follows:
To Mason COUNTY: To DISTRICT:
Dept. of Public Works West Mason Fire
100 W Public Works Drive 4650 W Dayton Airport Road
Shelton,WA 98584 Shelton, WA 98584
Shop/Fuel Station Services: Attn: Matthew Welander
Attn: Pete Medcalf Phone: 360-426-7343
Email: pmedcalf masoncountywa.gov Email: mwelander@mcfdl6.com
Other Services:
Attn: Jeremy Seymour
Phone: (360) 427-9670, Ext. 450
Email: ieremys@masoncountvwa.gov
Agreement No.
Page 1
3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the
agreement by both COUNTY and the DISTRICT and shall remain in effect until EITHER
PARTY terminates by giving ten days written notice to the OTHER PARTY.
4. WORK REQUESTS: The DISTRICT will normally request work from the COUNTY
Road Operations&Maintenance Manager,Jeremy Seymour and/or ER&R Supervisor,Pete
Medcal£ The request shall be made by an authorized representative of the DISTRICT by e-mail,
fax or mail. Phone or verbal requests must be followed up with a written request. The
COUNTY will only do work as authorized by the DISTRICT.
5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the
DISTRICT'S representative, giving due consideration to the immediacy of the DISTRICT'S
need and workload of the COUNTY.
6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the
nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of
documentation and reporting of all maintenance work and service work. Notification of
shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of
the new rates. Fees do not include Washington State sales tax which will be added to each
invoice. In addition, the DISTRICT is to pay for all parts provided by the COUNTY from
COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and
delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in
the manner set forth below:
a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to
the DISTRICT.
b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT. This
cost for parts and all labor services provided by the COUNTY will be directly billed.
c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT
plus a percentage mark-up set yearly, as well as fluid accountability requirements and
any required disposal charges incurred by the COUNTY.
d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity
providing such services. For example, if towing is required, the DISTRICT will
pay the towing company directly.
Any services required after normal shop hours will be billed at overtime rates. Field repairs
normally will include shop truck costs. Payment is due upon receipt of invoice and payment
shall be expected in thirty(30)days from date of invoice. Invoices and payments are to be sent
to the address and representative referred to in section 2.
7. FUEL STATION SERVICES: The COUNTY and the DISTRICT agree to the following
b
when using the fuel station:
a) The DISTRICT maybe permitted to fuel its vehicles utilizing the facility maintained by
the COUNTY at the Public Works Facility.
b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin
numbers.
Agreement No.
Page 2
c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key
card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel
costs as charged to Mason COUNTY(price of fuel is adjusted on a weekly basis) with a
percentage per gallon of fuel surcharge in addition to the fuel price for administrative and
maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY
ER&R Supervisor.
d) The DISTRICT agrees to accept responsibility for the use of and charges to issued
account number.
e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and
time of purchase,product quantity, cost and cards used. Payment is requested within 30-
days.
8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and the
DISTRICT agree to the following when using this service:
a) The DISTRICT shall pay the COUNTY all actual costs(direct and indirect) for requested
services; an estimate will be provided by the COUNTY to the DISTRICT agree to the
following when using this service: if requested.
b) The COUNTY shall invoice the DISTRICT agree to the following when using this
service: detailing time and/or materials used by the COUNTY.
c) Payment is due upon receipt of the invoice and payment shall be expected in thirty(30)
days from the date of invoice. Invoices and payments are to be sent to the address and
one of the representatives referred to in section 2.
9. SNOW PLOW SERVICES PROVIDED BY DISTRICT:
a) The COUNTY shall provide the DISTRICT a plow and upfit the DISTRICT vehicle at no
charge. The COUNTY shall retain ownership of the plow.
b) The COUNTY shall provide training to the DISTRICT prior to placing in service,
including instructions for plow installation/removal,plow operation, and equipment
safety check.
c) The DISTRICT,to the fullest extent permissible by law, shall be solely responsible for
any liability associated with performing plowing operations. The DISTRICT shall be
liable for any damage to the plow and upfit equipment caused by the DISTRICT.
d) The DISTRICT shall provide the COUNTY with a Certificate of Insurance
demonstrating Commercial General Liability coverage of at least$1 million per
occurrence, $2 million aggregate; auto liability of$2 million per occurrence, $4 million
aggregate; and statutory workers compensation limits.
e) The DISTRICT shall ensure that operators are subject to regular driver record checks and
properly licensed to operate.
f) The DISTRICT shall communicate with the COUNTY when they initiate any work on a
County road.
10. HOLD HARMLESS AND INDEMNIFICATION: (A.)The DISTRICT agree to the
following when using this service: shall hold harmless, indemnify and defend the COUNTY, its
officers, officials,employees and agents, from and against any and all claims, actions, suits,
liability, loss,expenses,damages, and judgments of any nature whatsoever,Including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
Agreement No.
Page 3
i
property or business, caused by or arising out of the DISTRICT'S acts, errors or omissions in the
performance of this AGREEMENT. PROVIDED HOWEVER,that the DISTRICT'S obligation
there under shall not extend to injury, sickness,death or damage caused by or arising out if the
sole negligence of the COUNTY,its officers, officials, employees or agents.
PROVIDED FURTHER,that in the event of the concurrent negligence of the PARTIES,the
DISTRICT'S obligations hereunder shall apply only to the percentage of fault attributable to the
DISTRICT,its employees or agents. (B.). With respect to the DISTRICT'S obligations to hold
harmless,indemnify and defend provided for herein,but only as such obligations relate to
claims, actions or suits filed against the COUNTY,the DISTRICT further agrees to waive its
immunity under the State Industrial Insurance Law,Title 51, RCW, for any injury or death
suffered by the DISTRICT 'S employees caused by or arising out of the DISTRICT 'S acts, errors
or omissions in the performance of this AGREEMENT. This waiver has been mutually
negotiated by the PARTIES. (C.) The DISTRICT 'S obligations hereunder shall include, but are
not limited to,investigating, adjusting and defending all claims alleging loss from action, error or
omission or breech of any common law, statutory or other delegated duty by the DISTRICT,the
DISTRICT'S employees, agents or subcontractors.
11. ASSIGNMENT,DELEGATION AND SUBCONTRACTING: The PARTIES shall
perform the terms of the AGREEMENT using only their bona fide employees or agents.
12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal,
state and local laws,rules and regulations in performing this AGREEMENT.
13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to
discriminate in the performance of this Agreement because of race, color, national origin, sex,
sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or
the presence of any physical,mental sensory handicap, or other status protected by law.
14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the COUNTY'S website.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
DATED this , day of , 2024.
I
Agreement No.
Page 4
BOARD OF COUNTY COMMISSIONERS WEST MASON FIRE
MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON
Trevor Severance
Chair By
i
ATTEST:
ature
Clerk of the Board Commission Chair
Title
APPROVED AS TO FORM:
Ch. DPA
RECOMMENDING APPROVAL:
COUNTY Engineer
Agreement No.
Page 5
INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND HOODSPORT FIRE & EMS
FOR
PUBLIC WORKS DEPARTMENT
REIMBURSABLE WORK, SUPPLIES AND SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
, 2024,by and between Hoodsport Fire &EMS (hereinafter referred to as
DISTRICT) and Mason County(hereinafter COUNTY) collectively referred to as PARTIES.
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the
COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable
work, supplies, and services (including emergency assistance).
WHEREAS, the COUNTY has expressed interest whereby DISTRICT will provide
occasional winter snowplow assistance utilizing DISTRICT vehicle equipped with a COUNTY-
owned plow.
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the
PARTIES agree as follows:
I. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to
a) provide the above-mentioned services to the DISTRICT when a work request has been
approved by both parties, and
b)the DISTRICT to provide occasional winter snowplow assistance.
2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an
AGREEMENT representative. Each PARTY may change its representative upon providing
written notice to the other PARTIES. The PARTIES' representatives are as follows:
To Mason COUNTY: To DISTRICT:
Dept. of Public Works Hoodsport Fire & EMS
100 W Public Works Drive 240 N Standstill Drive South
Shelton, WA 98584 Hoodsport, WA 98548
Shop/Fuel Station Services: Attn: Michael Sexton
Attn: Pete Medcalf Phone: 360-490-2225
Email: pmedcalf(c�r�,masoncountywa.gov Email: msexton@hoodsportfire.org
Other Services:
Attn: Jeremy Seymour
Phone: (360)427-9670, Ext. 450
Email:jeremyskmasoncountywa.gov
Agreement No.
Page 1
3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the
agreement by both COUNTY and the DISTRICT and shall remain in effect until EITHER
PARTY terminates by giving ten days written notice to the OTHER PARTY.
4. WORK REQUESTS: The DISTRICT will normally request work from the COUNTY
Road Operations &Maintenance Manager, Jeremy Seymour and/or ER&R Supervisor, Pete
Medcal£ The request shall be made by an authorized representative of the DISTRICT by e-mail,
fax or mail. Phone or verbal requests must be followed up with a written request. The
COUNTY will only do work as authorized by the DISTRICT.
5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the
DISTRICT'S representative, giving due consideration to the immediacy of the DISTRICT'S
need and workload of the COUNTY.
6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the
nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of
documentation and reporting of all maintenance work and service work. Notification of
shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of
the new rates. Fees do not include Washington State sales tax which will be added to each
invoice. In addition,the DISTRICT is to pay for all parts provided by the COUNTY from
COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and
delivery,plus any marls-up as described below. Expenses outlined herein shall be paid by the in
the manner set forth below:
a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to
the DISTRICT.
b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT. This
cost for parts and all labor services provided by the COUNTY will be directly billed.
c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT
plus a percentage marls-up set yearly, as well as fluid accountability requirements and
any required disposal charges incurred by the COUNTY.
d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity
providing such services. For example, if towing is required,the DISTRICT will
pay the towing company directly.
Any services required after normal shop hours will be billed at overtime rates. Field repairs
normally will include shop truck costs. Payment is due upon receipt of invoice and payment
shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent
to the address and representative referred to in section 2.
7. FUEL STATION SERVICES: The COUNTY and the DISTRICT agree to the following
when using the fuel station:
a) The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by
the COUNTY at the Public Works Facility.
b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin
numbers.
Agreement No.
Page 2
c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key
card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel
costs as charged to Mason COUNTY(price of fuel is adjusted on a weekly basis)with a
percentage per gallon of fuel surcharge in addition to the fuel price for administrative and
maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY
ER&R Supervisor.
d) The DISTRICT agrees to accept responsibility for the use of and charges to issued
account number.
e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and
time of purchase,product quantity, cost and cards used. Payment is requested within 45-
days.
8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and the
DISTRICT agree to the following when using this service:
a) The DISTRICT shall pay the COUNTY all actual costs (direct and indirect) for requested
services; an estimate will be provided by the COUNTY to the DISTRICT agree to the
following when using this service: if requested.
b) The COUNTY shall invoice the DISTRICT agree to the following when using this
service: detailing time and/or materials used by the COUNTY.
c) Payment is due upon receipt of the invoice and payment shall be expected in forty-five
(45) days from the date of invoice. Invoices and payments are to be sent to the.address
and one of the representatives referred to in section 2.
d) WARRANTY. Unless otherwise agreed to by the DISTRICT by written e-mail,
COUNTY warrants that all goods and services under this Agreement are new, are
merchantable, of good workmanship, free from defect, and are fit for the intended
purpose for which such goods are ordinarily employed. COUNTY will repair or replace
any new parts (except parts not covered by a manufacturer warranty such as electrical
parts) or redo any labor which fails in normal service due to defects in parts or labor if
notified within 90 days. This warranty does not cover loss of time, use, inconvenience,
normal wear, abuse, used parts or other matters not specified and COUNTY shall not be
liable for any consequential, incidental or commercial damages related to the
Preventative Maintenance and Repair work in excess of the costs of the specific repairs.
No warranty, whether expressed or implied, extends beyond 90 days. Except to the extent
caused by negligence or willful misconduct of the DISTRICT or its personnel, COUNTY
is responsible for any damage, destruction, or theft of any Apparatus while in the
possession of COUNTY or at COUNTY apparatus maintenance shop.
9. SNOW PLOW SERVICES PROVIDED BY DISTRICT:
a) The COUNTY shall provide the DISTRICT a plow and upfit the DISTRICT vehicle at no
charge. The COUNTY shall retain ownership of the plow.
b) The COUNTY shall provide training to the DISTRICT prior to placing in service,
including instructions for plow installation/removal,plow operation, and equipment
safety check.
c) The DISTRICT,to the fullest extent permissible by law, shall be solely responsible for
any liability associated with performing plowing operations. The DISTRICT shall be
liable for any damage to the plow and upfit equipment caused by the DISTRICT.
Agreement No.
Page 3
d) The DISTRICT shall provide the COUNTY with a Certificate of Insurance
demonstrating Commercial General Liability coverage of at least$1 million per
occurrence, $2 million aggregate; auto liability of$2 million per occurrence, $4 million
aggregate; and statutory workers compensation limits.
e) The DISTRICT shall ensure that operators are subject to regular driver record checks and
properly licensed to operate.
f) The DISTRICT shall communicate with the COUNTY when they initiate any work on a
County road.
10. HOLD HARMLESS AND INDEMNIFICATION: (A.)Each Party agrees to the following for the
services provided under this Agreement: shall hold harmless, indemnify and defend the other party,
its officers, officials,employees and agents, from and against any and all claims, actions, suits,
liability, loss, expenses, damages, and judgments of any nature whatsoever,Including costs and
attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to
property or business, caused by or arising out of the party's acts, errors or omissions in the
performance of this AGREEMENT. PROVIDED HOWEVER,that each party's obligation there
under shall not extend to injury, sickness, death or damage caused by or arising out of the negligence
of the other party, its officers, officials, employees or agents.
PROVIDED FURTHER,that in the event of the concurrent negligence of the PARTIES,the
other party's obligations hereunder shall apply only to the percentage of fault attributable to the
negligent party, its employees or agents. (B.). With respect to the parry's obligations to hold
harmless, indemnify and defend provided for herein,but only as such obligations relate to claims,
actions or suits filed against then other party, each further agrees to waive its immunity under the
State Industrial Insurance Law, Title 51,RCW, for any injury or death suffered by the that parry's
employees caused by or arising out of that party's acts, errors or omissions in the performance of this
AGREEMENT. This waiver has been mutually negotiated by the PARTIES. (C.)Each party's
obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all
claims alleging loss from action, error or omission or breech of any common law, statutory or other
delegated duty by that party,that parry's employees, agents or subcontractors.
11. ASSIGNMENT,DELEGATION AND SUBCONTRACTING: The PARTIES shall
perform the terms of the AGREEMENT using only their bona fide employees or agents.
12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal,
state and local laws, rules and regulations in performing this AGREEMENT.
13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to
discriminate in the performance of this Agreement because of race, color, national origin, sex,
sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or
the presence of any physical, mental sensory handicap, or other status protected by law.
14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the COUNTY'S website.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
Agreement No.
Page 4
DATED this L(, day of1y&Cj 2024.
BOARD OF COUNTY COMMISSIONERS HOODSPORT FIRE &EMS
MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON
Chair By
ATTEST:
Signature
Clerk of the Board
Title
APPROVED AS TO FORM:
Ch. DPA
RECOMMENDING APPROVAL:
COUNTY Engineer
Agreement No.
Page 5
INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND MASON COUNTY FIRE DISTRICT 12
FOR
PUBLIC WORKS DEPARTMENT
REIMBURSABLE WORK, SUPPLIES AND SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
2024,by and between Mason County Fire District 12 (hereinafter referred
to as DISTRICT) and Mason County (hereinafter COUNTY) collectively referred to as
PARTIES.
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the
COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable
work, supplies, and services (including emergency assistance).
WHEREAS, the COUNTY has expressed interest whereby DISTRICT will provide
occasional winter snowplow assistance utilizing DISTRICT vehicle equipped with a COUNTY-
owned plow.
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the
PARTIES agree as follows:
1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to
a) provide the above-mentioned services to the DISTRICT when a work request has been
approved by both parties, and
b)the DISTRICT to provide occasional winter snowplow assistance.
2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an
AGREEMENT representative. Each PARTY may change its representative upon providing
written notice to the other PARTIES. The PARTIES' representatives are as follows:
To Mason COUNTY: To DISTRICT:
Dept. of Public Works Mason County Fire District 12
100 W Public Works Drive 2950 W Matlock Brady Road
Shelton, WA 98584 PO BOX 102
Shop/Fuel Station Services: Matlock, WA 98560
Attn: Pete Medcalf Attn: Bryan Walsworth
Email: pmedcalf(c�r�,masoncountywa.gov Phone: 360-426-0451
Other Services: Email: mcfdl2ems@gmail.com
Attn: Jeremy Seymour
Phone: (360)427-9670, Ext. 450
Email:jeremy@masoncountywa.gov
Agreement No.
Page 1
3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the
agreement by both COUNTY and the DISTRICT and shall remain in effect until EITHER
PARTY terminates by giving ten days written notice to the OTHER PARTY.
4. WORK REQUESTS:The DISTRICT will normally request work from the COUNTY
Road Operations&Maintenance Manager.Jeremy Seymour and/or ER&R Supervisor,Pete
Medcalf. The request shall be made by an authorized representative of the DISTRICT by e-mail,
fax or mail. Phone or verbal requests must be followed up with a written request. The
COUNTY will only do work as authorized by the DISTRICT.
5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the
DISTRICT'S representative,giving due consideration to the immediacy of the DISTRICT'S
need and workload of the COUNTY.
6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the
nearest 15 minutes. The shop rate for service is an hourly rate set yearly,which is inclusive of
documentation and reporting of all maintenance work and service work. Notification of
shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of
the new rates. Fees do not include Washington State sales tax which will be added to each
invoice. In addition,the DISTRICT is to pay for all parts provided by the COUNTY from
COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and
delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in
the manner set forth below:
a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to
the DISTRICT.
b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT.This
cost for parts and all labor services provided by the COUNTY will be directly billed.
c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT
plus a percentage mark-up set yearly, as well as fluid accountability requirements and
any required disposal charges incurred by the COUNTY.
d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity
providing such services.For example,if towing is required,the DISTRICT will
pay the towing company directly.
Any services required after normal shop hours will be billed at overtime rates. Field repairs
normally will include shop truck costs. Payment is due upon receipt of invoice and payment
shall be expected in thirty(30)days from date of invoice. Invoices and payments are to be sent
to the address and representative referred to in section 2.
7. FUEL STATION SERVICES: The COUNTY and the DISTRICT agree to the following
when using the fuel station:
a) The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by
the COUNTY at the Public Works Facility.
b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin
numbers.
Agreement No.
Page 2
c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key
card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel
costs as charged to Mason COUNTY(price of fuel is adjusted on a weekly basis)with a
percentage per gallon of fuel surcharge in addition to the fuel price for administrative and
maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY
ER&R Supervisor.
d) The DISTRICT agrees to accept responsibility for the use of and charges to issued
account number.
e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and
time of purchase,product quantity,cost and cards used. Payment is requested within 30-
days.
8. ALL OTHER REQUEST WORK,SUPPLIES OR SERVICES: The COUNTY and the
DISTRICT agree to the following when using this service:
a) The DISTRICT shall pay the COUNTY all actual costs(direct and indirect)for requested
services;an estimate will be provided by the COUNTY to the DISTRICT agree to the
following when using this service: if requested.
b) The COUNTY shall invoice the DISTRICT agree to the following when using this
service: detailing time and/or materials used by the COUNTY.
c) Payment is due upon receipt of the invoice and payment shall be expected in thirty(30)
days from the date of invoice. Invoices and payments are to be sent to the address and
one of the representatives referred to in section 2.
9. SNOW PLOW SERVICES PROVIDED BY DISTRICT:
a) The COUNTY shall provide the DISTRICT a plow and upfit the DISTRICT vehicle at no
charge. The COUNTY shall retain ownership of the plow.
b) The COUNTY shall provide training to the DISTRICT prior to placing in service,
including instructions for plow installationlremoval,plow operation, and equipment
safety check.
c) The DISTRICT,to the fullest extent permissible by law,shall be solely responsible for
any liability associated with performing plowing operations. The DISTRICT shall be
liable for any damage to the plow and upfit equipment caused by the DISTRICT.
d) The DISTRICT shall provide the COUNTY with a Certificate of Insurance
demonstrating Commercial General Liability coverage of at least$1 million per
occurrence,$2 million aggregate;auto liability of$2 million per occurrence, $4 million
aggregate;and statutory workers compensation limits.
e) The DISTRICT shall ensure that operators are subject to regular driver record checks and
properly licensed to operate.
f) The DISTRICT shall communicate with the COUNTY when they initiate any work on a
County road.
10. HOLD HARMLESS AND INDEMNIFICATION: (A.)The DISTRICT agree to the
following when using this service: shall hold harmless, indemnify and defend the COUNTY,its
officers, officials,employees and agents,from and against any and all claims,actions,suits,
liability, loss,expenses,damages,and judgments of any nature whatsoever,Including costs and
attorney's fees in defense thereof, for injury,sickness,disability or death to persons or damage to
Agreement No._
Page 3
property or business, caused by or arising out of the DISTRICT'S acts, errors or omissions in the
performance of this AGREEMENT. PROVIDED HOWEVER, that the DISTRICT'S obligation
there under shall not extend to injury, sickness, death or damage caused by or arising out if the
sole negligence of the COUNTY, its officers, officials, employees or agents.
PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the
DISTRICT'S obligations hereunder shall apply only to the percentage of fault attributable to the
DISTRICT, its employees or agents. (B.). With respect to the DISTRICT 'S obligations to hold
harmless, indemnify and defend provided for herein, but only as such obligations relate to
claims, actions or suits filed against the COUNTY, the DISTRICT further agrees to waive its
immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death
suffered by the DISTRICT 'S employees caused by or arising out of the DISTRICT 'S acts, errors
or omissions in the performance of this AGREEMENT. This waiver has been mutually
negotiated by the PARTIES. (C.) The DISTRICT 'S obligations hereunder shall include,but are
not limited to, investigating, adjusting and defending all claims alleging loss from action, error or
omission or breech of any common law, statutory or other delegated duty by the DISTRICT, the
DISTRICT'S employees, agents or subcontractors.
11. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall
perform the terms of the AGREEMENT using only their bona fide employees or agents.
12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal,
state and local laws, rules and regulations in performing this AGREEMENT.
13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to
discriminate in the performance of this Agreement because of race, color, national origin, sex,
sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or
the presence of any physical, mental sensory handicap, or other status protected by law.
14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the COUNTY'S website.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
DATED this , day of , 2024.
Agreement No.
Page 4
BOARD OF COUNTY COMMISSIONERS MASON COUNTY FIRE DISTRICT 12
MASON COUNTY,WASHINGTON MASON COUNTY,WASHINGTON
Chair By
ATTEST: ZZZ--7
Clerk of the Board _teq-�;
Title
APPROVED AS TO FORM:
Ch. DPA
RECOMMENDING APPROVAL:
COUNTY Engineer
Agreement No.
Page 5
INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND GRAPEVIEW SCHOOL DISTRICT
FOR
PUBLIC WORKS DEPARTMENT
REIMBURSABLE WORK, SUPPLIES AND SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
, 2024, by and between Grapeview School District (hereinafter referred
to as DISTRICT) and Mason COUNTY(hereinafter COUNTY) collectively referred to as
PARTIES.
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS,the DISTRICT has expressed interest in an Interlocal agreement with the
COUNTY whereby the Mason COUNTY Public Works Department will provide reimbursable
work, supplies, and services (including emergency assistance).
NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the
PARTIES agree as follows:
1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason COUNTY to
provide the above-mentioned services to the DISTRICT when a work request has been
approved by both parties.
2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an
AGREEMENT representative. Each PARTY may change its representative upon providing
written notice to the other PARTIES. The PARTIES'representatives are as follows:
To Mason COUNTY: To DISTRICT:
Dept. of Public Works Grapeview School District
100 W Public Works Drive 822 E Mason Benson Road
Shelton, WA 98584 Grapeview, WA 98546
Shop/Fuel Station Services: Attn: Gerry Grubbs
Attn: Pete Medcalf Phone: 360-426-4921
Email: pmedcalf&masoncountywa.gov Email: ggrubbs@gsd54.org
Other Services:
Attn: Jeremy Seymour
Phone: (360)427-9670, Ext. 450
Email:jere!nys&masoncountywa.gov
3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the
agreement by both COUNTY and DISTRICT and shall remain in effect until EITHER PARTY
terminates by giving ten days written notice to the OTHER PARTY.
Agreement No.
Page 1
4. WORK REQUESTS: The DISTRICT will normally request work from the COUNTY
Road Operations & Maintenance Manager, Jeremy Sew and/or ER&R Supervisor, Pete
Medcalf. The request shall be made by an authorized representative of the DISTRICT by e-mail,
fax or mail. Phone or verbal requests must be followed up with a written request. The
COUNTY will only do work as authorized by the DISTRICT.
5. SCHEDULING: The COUNTY will normally schedule the work in discussion with the
DISTRICT'S representative, giving due consideration to the immediacy of the DISTRICT'S
need and workload of the COUNTY.
6. SHOP SERVICES: Service and repair charges will be on an hourly basis rounded to the
nearest 15 minutes. The shop rate for service is an hourly rate set yearly, which is inclusive of
documentation and reporting of all maintenance work and service work. Notification of
shop/labor surcharge rate increases will be sent out at least 30 days prior to implementation of
the new rates. Fees do not include Washington State sales tax which will be added to each
invoice. In addition, the DISTRICT is to pay for all parts provided by the COUNTY from
COUNTY stock(at COUNTYS cost)plus any costs associated with fluids,pick-up, and
delivery,plus any mark-up as described below. Expenses outlined herein shall be paid by the in
the manner set forth below:
a) Costs of any parts that the COUNTY does not have in-stock may be directly billed to
the DISTRICT.
b) The cost of parts the COUNTY has in stock or are billed to the DISTRICT. This
cost for parts and all labor services provided by the COUNTY will be directly billed.
c) Fluids used and replaced will be billed at the normal rates paid by the DISTRICT
plus a percentage mark-up set yearly, as well as fluid accountability requirements and
any required disposal charges incurred by the COUNTY.
d) Pick-up and delivery charges will be directly paid by the DISTRICT to the entity
providing such services. For example, if towing is required, the DISTRICT will
pay the towing company directly.
Any services required after normal shop hours will be billed at overtime rates. Field repairs
normally will include shop truck costs. Payment is due upon receipt of invoice and payment
shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent
to the address and representative referred to in section 2.
7. FUEL STATION SERVICES: The COUNTY and DISTRICT agree to the following
when using the fuel station:
a) The DISTRICT may be permitted to fuel its vehicles utilizing the facility maintained by
the COUNTY at the Public Works Facility.
b) Fueling is only allowed to vehicles with exempt license plates and assigned vehicle pin
numbers.
c) The DISTRICT may have twenty-four-hour access to the fueling facility by special key
card furnished by the COUNTY. COUNTY agrees to extend the same per gallon fuel
costs as charged to Mason COUNTY (price of fuel is adjusted on a weekly basis)with a
percentage per gallon of fuel surcharge in addition to the fuel price for administrative and
Agreement No.
Page 2
maintenance fees set yearly. Lost key cards shall be promptly reported to the COUNTY
ER&R Supervisor.
d) DISTRICT agrees to accept responsibility for the use of and charges to issued account
number.
e) Mason COUNTY will invoice the fuel usage monthly. This bill will indicate date and
time of purchase,product quantity, cost and cards used. Payment is requested within 30-
days.
8. ALL OTHER REQUEST WORK, SUPPLIES OR SERVICES: The COUNTY and
DISTRICT agree to the following when using this service:
a) The DISTRICT shall pay the COUNTY all actual costs (direct and indirect) for requested
services; an estimate will be provided by the COUNTY to the DISTRICT if requested.
b) The COUNTY shall invoice the DISTRICT detailing time and/or materials used by the
COUNTY.
c) Payment is due upon receipt of the invoice and payment shall be expected in thirty (30)
days from the date of invoice. Invoices and payments are to be sent to the address and
one of the representatives referred to in section 2.
9. HOLD HARMLESS AND INDEMNIFICATION: (A.) The DISTRICT shall hold
harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from
and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of
any nature whatsoever, Including costs and attorney's fees in defense thereof, for injury,
sickness, disability or death to persons or damage to property or business, caused by or arising
out of the DISTRICT'S acts, errors or omissions in the performance of this AGREEMENT.
PROVIDED HOWEVER, that the DISTRICT 'S obligation there under shall not extend to
injury, sickness, death or damage caused by or arising out if the sole negligence of the
COUNTY, its officers, officials, employees or agents.
PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the
DISTRICT 's obligations hereunder shall apply only to the percentage of fault attributable to the
DISTRICT, its employees or agents. (B.). With respect to the DISTRICT 'S obligations to hold
harmless, indemnify and defend provided for herein, but only as such obligations relate to
claims, actions or suits filed against the COUNTY, the DISTRICT further agrees to waive its
immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death
suffered by the DISTRICT 'S employees caused by or arising out of the DISTRICT 'S acts, errors
or omissions in the performance of this AGREEMENT. This waiver has been mutually
negotiated by the PARTIES. (C.) The DISTRICT 'S obligations hereunder shall include,but are
not limited to, investigating, adjusting and defending all claims alleging loss from action, error or
omission or breech of any common law, statutory or other delegated duty by the DISTRICT, the
DISTRICT 's employees, agents or subcontractors.
11. ASSIGNMENT, DELEGATION AND SUBCONTRACTING: The PARTIES shall
perform the terms of the AGREEMENT using only their bona fide employees or agents.
12. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal,
state and local laws, rules and regulations in performing this AGREEMENT.
Agreement No.
Page 3
13. NON-DISCRIMINATION POLICY: The COUNTY and the DISTRICT agree not to
discriminate in the performance of this Agreement because of race, color, national origin, sex,
sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or
the presence of any physical, mental sensory handicap, or other status protected by law.
14. FILING: This document shall be filed with the COUNTY Auditor pursuant to RCW 39.34
or, alternatively, listed by subject on the COUNTY'S website.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
DATED this day of , 2024
BOARD OF COUNTY COMMISSIONERS GRAPEVIEW SCHOOL DISTRICT
MASON COUNTY, WASHINGTON MASON COUNTY, WASHINGTON
Randy Neatherlin, Chair By
ATTEST:
Signatu
McKenzie Smith, Clerk of the Board
Title
APPROVED AS TO FORM:
Tim Whitehead, Ch. DPA
RECOMMENDING APPROVAL:
Mike Collins, County Engineer
Agreement No.
Page 4
C
A
Mason County
Agenda Request Form
Y
/A t!
To: Board of Mason County Commissioners
From: Mike Collins,PE,Deputy Director/County Ext.450
Engineer
Department: Public Works Briefing: ❑X
Action Agenda: 0
Public Hearing: ❑
Special Meeting: ❑
Briefing Date(s): April 1, 2024 Agenda Date: April 9,2024
Internal Review: ❑ Finance ❑ Human Resources ❑ Legal ❑ Information Technology N 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: Consultant Agreement with KPFF for Engineering and Construction services for
County Road Project 2026—Harstine Island Bridge—Deck Repair
Back2round/Executive Summary:
Mason County was awarded funds through the WSDOT Local Bridge Program for Harstine Island Bridge Polyester
Overlay(CRP 2026)in 2019. Through an RFQ in 2021,Mason County selected and executed a contract with KPFF to
complete the design for the project and extended the contract in 2022 to include Construction Management through
12/31/2023.
The project is not fully closed out.We have reached out to KPFF to initiate a new contract as they are the firm that's
been with this project from the start.
Budtet Impact•
The original contract with KPFF for design was executed on 7/27/2021 for an amount of$191,760.73. Supplement#1
was executed on 9/6/2022 extended the contract for an amount of$227,829.43. At the expiration of contract,there
was $77,060.39 remaining.
The new proposal from KPFF is not to exceed$77,060.39. These funds are all reimbursable through the WSDOT.
Public Outreach:
N/A
Requested Action:
Request the Board authorize the County Engineer to sign the attached consultant agreement with KPFF for an amount
not to exceed$77,060.39.
Attachments:
1. Agreement
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number:
Firm/Organization Legal Name (do not use dba's):
KPFF, Inc.
Address Federal Aid Number
1601 Fifth Avenue, Suite 1600, Seattle, WA 98101 BHS-Z236(001 )
UBI Number Federal TIN
578063612 91-0755897
Execution Date Completion Date
Date of Mutual Execution December, 31 2024
1099 Form Required Federal Participation
❑ Yes ❑ No ❑ Yes ❑ No
Project Title
Harstine Island Bridge Resurfacing
Description of Work
Continue Construction Management (CM) and Construction Support Services (CSS) as defined in
Supplemental Agreement No 1 for Agreement Number Z236001-1-PE.
❑ Yes ■❑ No DBE Participation Maximum Amount Payable:$77,060.39
❑ Yes ❑■ No MBE Participation
❑ Yes ❑■ No WBE Participation
❑ Yes ❑■ No SBE Participation
Index of Exhibits
Exhibit A Scope of Work
Exhibit B DBE Participation
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Error Procedures
Exhibit J Consultant Claim Procedures
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 1 of 34
THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the Mason County
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A"
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT,any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 2 of 34
Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,
per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will
be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant
Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work.
Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved
with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall
identify any DBE Participation.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C
—Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files,
prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of
service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others,
acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this
SERVICE, shall be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the
other party by(i) certified mail, return receipt requested, or(ii)by email or facsimile, to the address set forth
below:
If to AGENCY: If to CONSULTANT:
Name: David Smith Name:W.Greg Hess
Agency: Mason County Public Works Agency:KPFF, Inc.
Address: 100 W Public Works Dr Address: 1601 Fifth Avenue,Suite 1600
City: Shelton State: WA Zip:98584 City: Seattle State: WA Zip:98101
Email: DNSmith@co.mason.wa.us Email:Greg.Hess@kpff.com
Phone: (360)427-9670 ext. 523 Phone: 206-406-3836
Facsimile: Facsimile:206-622-8130
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled"Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 3 of 14
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw) Labor, Indirect Cost Rate,
and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates
shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT's fiscal year end(FYE) date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and
"E"will remain in effect for the twelve (12)month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fee as identified in Exhibits "D" and"E" shall represent a value to be applied throughout the life of the
AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus
fee.
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A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in
accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(L) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's
Project Manager.
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VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E"
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fee costs for the sub-consultant shall
be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgment between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission,
percentage,brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
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Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 6 of 14
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (Public Law
(42 U.S.C. Chapter 21 Subchapter V § 100-259)
2000d through 2000d-4a) • American with Disabilities Act of 1990 (42
• Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 126 § 12101 et. seq.)
U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26
794) • RCW 49.60.180
• Age Discrimination Act of 1975 (42
U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT,the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 7 of 14
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State
of Washington, situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY,their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT may be legally liable, in performance of the Work under this
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY,their agents, officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents',
officers and employees' failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor's failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
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Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars ($1,000,000.00)per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00) combined
single limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or
subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)
days of the execution of this AGREEMENT to:
Name: David Smith
Agency: Mason County
Address: 100 W Public Works Drive
City: Shelton State: WA Zip: 98584
Email: DNSmith@co.mason.wa.us
Phone: (360) 427-9670
Facsimile:
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT
has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT, or otherwise in law.
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XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and
(3) other affected terms and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY,
Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in
AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in
AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III "General Requirements" prior to its performance of any SERVICES under this
AGREEMENT.
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound
by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes,
amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the
parties as a supplement to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof.
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XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The
CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 12 of 14
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as
soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure
that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-
consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation, claim, or audit continues past the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information (`BSI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 13 of 14
For purposes of this AGREEMENT, `BSI"means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally created, viewed, and/or modified
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one (1) of this AGREEMENT.
3/26/2024
Signature Date
Signature Date
Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Page 14 of 14
Exhibit A
Scope of Work
Project No.
See Exhibit A-1.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
EXHIBIT A-1
1601 Fifth Avenue,Suite 1600 Seattle,WA 98101 kpff.com lqff
March 26, 2024
Scope of Work
Harstine Island Bridge Rehab
Construction Management & Construction Support Services
PROJECT TEAM
The project team includes:
Owner Mason County
CSS & CM KPFF Consulting Engineers (Prime Consultant)
Special Inspections & Testing MTC (Subconsultant)
SCOPE OF WORK
This scope of work is to continue Construction Management (CM) and Construction Support
Services (CSS) as defined in Supplemental Agreement No 1 for Agreement Number Z236001-
1-PE. The remaining uncompleted fee from that contract is a Not-to-Exceed $77,060.39
invoiced hourly. Refer to the summary fee spreadsheet for breakdown of KPFF team's fees.
Reimbursable expenses are estimates and include travel costs associated with travel to and
from the project site.
If this proposal is acceptable to Mason County, please include this proposal as an attachment to
the contract for our signature.
Sincerely,
Greg Hess, PE SE
Principal
Page 1 of 1
Exhibit B
DBE Participation Plan
In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement
is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the
goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include,but are not limited to, the following:
L Surveying, Roadway Design &Plans Preparation Section
A. Survey Data
Any survey data transmitted shall include the original points along with the TIN that was generated from the
points with contours, right of way and all topographic features. It shall be in AutoCAD files compatible with
Civil 3D 2021.
B. Roadway Design Files
All design deliverables will be generated in a design program compatible to Civil 3D. They shall be designed to
current code specified by the County.
C. Computer Aided Drafting Files
All drawings shall be in AutoCAD files compatible with Civil 31), with title block provided by the County.
Upon completion of the project, all drawing electronic files shall be transmitted to the County.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
D. Specify the Agency's Right to Review Product with the Consultant
If the County determines that a deliverable does not meet the County acceptance criteria, the County shall
notified the consultant in writing and describe in reasonable detail the basis of the rejection. Upon receipt of the
rejection notice,the consultant will modify or improve the deliverable, at the consultants expense, so that the
deliverable meets the County's acceptance criteria.
E. Specify the Electronic Deliverables to Be Provided to the Agency
All files, reports,plans, and specifications produced from this contract will be delivered to Mason County Public
Works in an electronic format compatible with the County's software. Hard copies will also be delivered to the
County upon request. Additional documentation may be requested by the County and the consultant will provide
said documentation electronically as well as hard copies if requested. On completion of services or termination
of this agreement, all drawings,map originals, survey notes, field books, calculations,reports and all data used
will become property of the county.
F. Specify What Agency Furnished Services and Information Is to Be Provided
The County will provide the Consultant with any information needed by the consultant for rendering the services
required under this contract. Information rendered by sources other than the County, may be used by the
consultant,but the County assumes no liability for it's accuracy or completeness.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
IL Any Other Electronic Files to Be Provided
See section E of this Exhibit
III. Methods to Electronically Exchange Data
All electronic exchange of data will be delivered to the County by email, or removable storage devices at the
County's request. On completion of services or termination of this agreement, all drawings, map originals, survey
notes, field books, calculations, reports and all data used will become property of the County.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
A. Agency Software Suite
AutoCAD Civil 3D, MS Office,Adobe PDF, WSDOT E-Forms
B. Electronic Messaging System
C. File Transfers Format
Files delivered to the County will be in a format specified by the County that is compatible with the County's
software.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit D
Prime Consultant Cost Computations
See Exhibit D-1.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit D-1
KPFF
Consultant Fee Summary
Negotiated Hourly Rate Consultant Agreement
HARSTINE ISLAND BRIDGE REHAB
Overhead (OH) Cost 151.53%
Fixed Fee (FF) 30.00%
Classification Direct Hourly Total X Negotiated = Cost
Rate Hours Hourly Rate
Principal/PM $ 76.93 38.32 X $216.58 = $ 8,299.55
Senior Engineer/Technical Expert $ 72.81 52.72 X $204.99 = $ 10,808.00
Project Coordinator $ 42.00 4.00 X $118.25 = $ 473.01
Construction Project Manager $ 70.97 130.00 X $199.80 = $ 25,974.24
Construction Manager $ 57.70 145.48 X $162.44 = $ 23,632.46
CM Assistant $ 34.62 25.00 X $97.47 = $ 2,436.64
Construction Observer $ 46.45 15.00 X $130.77 = $ 1,961.56
Administration $ 32.60 1.00 X $91.78 = $ 91.78
Subtotal $ 73,677.24
Reimbursables
Mileage (##Miles x$0.67/mile)'
Airfare (Allowance)
Per Diem (Hotel + Meals @$#.##x#trips)
AAR Testing and Inspection, Inc. Special Inspections&Testing $ 3,383.15
(Blank) (Allowance)
*Mileage will be reimbursed at the current approved GSA rate at the time of billing
Subtotal $ 3,383.15
GRAND TOTAL: $77,060.39
March 26,2024 KPFF KPFF
Senior Construction
Project Construction Construction Administratio
HARSTINE ISLAND BRIDGE REHAB Principal/PM Engineer/Tec Coordinator Project an Mager CM Assistant Observer n
hnical Expert Manager
Item SCOPE OF WORK $216.58 $204.99 $118.25 $199.80 $162.44 $97.47 $130.77 $91.78
1 STRUCTURAL ENGINEERING
1.00 Structural Engineering 5 5 2 $2,253
Labor Subtotal:1 5 5 2 0 0 0 0 0 1 $2,252.82
Reimbursables: 11
2 PERMITTING
1.00 Permitting 3 $617
Labor Subtotal: 0 3 0 0 0 0 0 0 $616.98
Reimbursables:
3 CONSTRUCTION SERVICES
1.00 Construction Services 13 20 2 85 106 15 10 1 $44,208
Labor Subtotal: 13 20.161 2 85 106 15 10 1 $44,207.82
Reimbursables: $3,383.15
4 PROJECT CLOSEOUT
1.00 Project Closeout 20 25 45 40 10 5 $26,600
Labor Subtotal: 20 25 0 45 40 10 5 0 $26,599.62
Reimbursables:
Labor Sum: 38 53 4 130 145 25 15 1 $73,677.24
Reimbursable Sum: $3,383.15
IF $77,060.39
Exhibit F - Title V/ Assurances Appendix A & E
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor(hereinafter includes consultants)will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which
are herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor,with regard to the work performed by it during the contract,will not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices
when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21.
[Include Modal Operating Administration specific program requirements.]
3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and
the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.[Include
Modal Operating Administration specific program requirements.]
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal
Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal
Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal
Operating Administration) may determine to be appropriate, including,but not limited to:
a. withholding payments to the contractor under the contract until the contractor complies; and/or
b. cancelling,terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts,the
Regulations and directives issued pursuant thereto. The contractor will take action with respect to any
subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a
means of enforcing such provisions including sanctions for noncompliance. Provided,that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction,
the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In
addition, the contractor may request the United States to enter into the litigation to protect the interests of the
United States.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit F - Title VI Assurances Appendix A & E
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities,public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of limited
English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of Mason County
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
KPFF, Inc.
whose address is
1601 Fifth Avenue, Suite 1600, Seattle, WA 98101
and that neither the above firm nor I have
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated(ifany);
I acknowledge that this certificate is to be furnished to the Mason County
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
KPFF, Inc.
Consultant(Firm Name)
3/26/2024
Signature(Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit G-1(b) Certification of Agency Official
I hereby certify that I am the:
0
❑ Other
of the Mason County , and KPFF, Inc.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; o
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the Mason County
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Signature Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State anti-trust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D. Have not within a three (3) year period preceding this application /proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
KPFF, Inc.
Consultant(Firm Name)
V?�/
3/26/2024
Signature(Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub-contracts, which exceed
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
KPFF, Inc.
Consultant(Firm Name)
3/26/2024
Signature(Authorized Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Harstine Island Bridge Resurfacing *are accurate, complete, and current
as Of 3/26/24 **
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: KPFF, Inc.
Principal
Signature Title
Date of Execution ***:
*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.)
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration(FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the
additional professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work, photographs, records of labor, materials, and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced
from the consultant's agreement with the agency for the services on the project in which the design
error took place. The agency is to provide LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Step 5 Forward Documents to Local Programs
For federally funded projects, all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to
reflect the agreed upon resolution. LP,in consultation with FHWA,will identify the amount of federal
participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant's claim(s) that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to theAgency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the
additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will
need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new
agreement for the claim. After the request has been approved, the Agency shall write the supplement
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the
final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
Local Agency A&E Professional Services Agreement Number
Negotiated Hourly Rate Consultant Agreement Revised 0210112021