HomeMy WebLinkAbout2017/02/07 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers,411 North Sth Street, Shelton, WA
February 7, 2017
1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance— Ginger Brooks led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3—Terri Jeffreys.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Jesse Sims, Tina Post&Thomas Hargrove sent applications in for the Parks and Trails
Board.
4.1.2 Tracy Moore &John Bonin sent applications in for the Housing Authority Board.
4.1.3 Aaron Cleveland sent in an application for Planning Advisory Board.
4.1.4 Local 302 &612 International Union of Operating Engineers trust, sent a letter
for Examination of Payroll Records.
4.1.4 North Mason Chamber of Commerce sent a letter encouraging Mason County
to focus on the prospect of providing sewer hookups to the entire Urban
Growth Area of Belfair.
4.1.5 The Liquor and Cannabis Board sent a liquor license application for The Hub
Center for Seniors 111 NE Old Belfair Hwy, Belfair.
4.1.6 Thurston-Mason Behavioral Health Organization sent an Interlocal Agreement.
4.1.7 Port of Grapeview sent letter about acquisition of two parcels.
4.2 Recognition of Ginger Brooks, County Clerk
4.3 News Release- Hood Canal Coordinating Council Citizen Advisory Group
Staff: Commissioner Shutty
5. Open Forum for Citizen Input— No comments.
6. Adoption of Agenda - Cmmr.Jeffreys/Neatherlin moved and seconded to adopt the agenda
as published. Motion carried unanimously. N-aye; S-aye;J-aye.
7. Approval of Minutes—January 16, 2017 &January 23, 2017 briefing minutes; January 17,
2017 regular minutes.
Cmmr. N eatherl in/Jeffreys moved and seconded to approve. Motion carried
unanimously. N-aye; S-aye; J-aye.
8. Approval of Action Agenda:
8.1 Approval to amend contract C17118 between the Department of Health and Mason
County Public Health. This amendment would add statements of work for the Office of
Drinking Water Group"B" Program and the Office of Immunization & Child Profile as
well as amend statements of work for the Maternal & Child Health Block Grant and the
Office of Drinking Water Group"A" Program.
8.2 Approval to set hearing on March 7, 2017 at 9:30 a.m. to amend Mason County Code
17.70 Master Development Plans (MDP). The amendments will eliminate potentially
confusing and conflicting code language related to treatment of open space and
density bonuses. The requested changes will also clarify appropriate uses within MDP
developments including the potential for attached residential units and for commercial
uses that serve the MDP and nearby areas.
BOARD OF MASON COUNTY COMMISSIONERS'PROCEEDINGS
-- February 7, 2017 - PAGE 2
8.3 Approval of the Interlocal Agreement with City of Shelton, replacing the previous
agreement approved by the Board on November 28, 2016, allowing the County to
deliver sludge produced by the County Wastewater Treatment Facilities to the City of
Shelton's Wastewater Treatment Plant for further treatment. (Exhibit A)
8.4 Approval to reappoint Brian Kelly to the Mason County Civil Service Commission for a
six year term ending December 31, 2022.
8.5 Approval of the amended Interlocal Cooperation Agreement with the Hood Canal
Coordinating Council (HCCC). The amendments acknowledge that HCCC is subject to
the Public Records Act and that the HCCC will adopt procurement policies. (Exhibit B)
8.6 Approval to amend Resolution 74-16 to revise the Non-Represented Salary Scale
Range Alignment by approving the reclassification request for the Chief Finance Officer
to a range 39, Step 3, from a Range 32, Step 5, retroactive January 1, 2017.(Exhibit C)
8.7 Approval of Warrants
Claims Clearing Fund Warrant #s 8045931-8046254 $ 1,110,386.80
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s 7002503-7002533 $ 501,162.60
Total $ 1,611,549.40
8.8 Approval of the Veterans Assistance Fund applications for: Necessity Items $900.00;
Utilities $1,381.48; and Housing $1,000.00 for a total of$3,281.48.
8.9 Approval for the Chair to sign the contract with AAA Septic, LLC for sludge hauling
services from facilities owned and operated by the County. (Exhibit D)
8.10 Approval to appoint Kevin Schmelzlen to the Solid Waste Advisory Committee (SWAC),
for a 3 year term ending February 7, 2020.
8.11 Approval for the Chair to execute the Road Levy Certification for 2017. (Exhibit E)
8.12 Approval to set a hearing for March 7, 2017 at 9:30 a.m. to receive public comment on
the Private Line Occupancy Permit for the transport line under and along property
located at 8041 North Shore Rd., Parcel No. 22217-21-00050.
8.13 Approval to set a hearing for March 7, 2017 at 9:30 a.m. to receive public comment on
the Private Line Occupancy Permit for the 3 abandoned power poles and the
underground conduit along Cove Drive that abuts Parcel No. 22021-50-00040.
Cmmr.Jeffreys/Neatherlin moved and seconded to approve action items 8.1 through 8.13.
Motion carried unanimously. N-aye; S-aye; J-aye.
9. Other Business (Department Heads and Elected Officials)
Karen Herr spoke about Leo Kim and the request for reclassification of his salary. She announced that
February 141h is the election which includes the Shelton school district bond. Karen said voter turnout
is good, sitting around 50%.
Dave Windom said that Public Health is Essential campaign begins today. Mason County is taking part
in the statewide movement and will be speaking to legislation on March 1st. Cmmr. Shutty thanked
Mr. Windom for all of his work with Public Health.
10. 9:30 a.m. Public Hearings and Items set for a certain time— No hearings
11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
February 7, 2017 - PAGE 3
12. Adjournment—The meeting adjourned at 9:39 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
rizxml� . 4. (�p
tfehasa,, riwrj,,6'e-rk6e the Board Kevin Shutty, Ch it
Terri Jeffrey , issioner
Rand Neatherlin, Commissioner
Ex.A
INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND THE CITY OF SHELTON RELATED
TO FURTHER TREATMENT OF DIGESTED SEWER SLUDGE
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Coo eration Act, Chapter 39.34 of the Revised Code of Washington, on the fif day of
_ b n 1,n� , 2017, by and between Mason County (County), a political
subdivision of Me State of Washington, and the City of Shelton(City), a municipal corporation of
the State of Washington, together referred to as the Parties.
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies; and
WHEREAS, Mason County is in need of further treatment of digested sewer sludge
produced by its wastewater treatment facilities; and
WHEREAS, the City of Shelton Wastewater Treatment Plant has capacity to convert
digested sewage sludge into Class A biosolids.
NOW, THEREFORE, in consideration of their mutual covenants, conditions and
promises, THE PARTIES AGREE as follows:
1. PURPOSE OF AGREEMENT: The purpose of this Agreement is to establish the
responsibilities of the County and the City in further treatment of digested sludge from County-
owned wastewater treatment plants. The agreed rate of compensation will be increased by a factor
of 3 % (Three percent) annually, on January 1st of each year, until the duration of this Agreement
is complete. The City reserves the right to periodically review and adjust the agreed rate of
compensation.Proposed changes shall be mutually agreed upon by the parties and incorporated by
written amendment to this Agreement.
When the digested sludge delivered to the City is greater than 1.5% solids, Mason County
will compensate the City $0.69 per dry pound of digested sludge treated.
When the digested sludge delivered to the City is 1.5% solids or less, Mason County will
compensate the City $0.092 per gallon.
2. SCOPE OF AGREEMENT/WORK:
A. Responsibilities of the City of Shelton shall be as follows:
1) Provide adequate infrastructure at the City's wastewater treatment plant to
accept delivery of digested sludge via tanker/pump truck.
2) Provide further treatment of digested sludge delivered to the City's wastewater
Page 1
Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
treatment plant.
B. Responsibilities of the County shall be as follows:
1) Perform all required lab tests on sewer sludge from all County-owned or
County-used wastewater treatment locations within a window of thirty days
prior to delivery of the sludge to the City, and provide the City with the lab test
results at least 48 hours prior to delivery.
2) Ensure that sludge meets all Washington State DOE requirements for Class"B"
digested sludge and Class "A"metals testing, and share results of testing with
the City in accordance with the timeframes of section(1) above.
3) Ensure that all digested sludge delivered to the City has been screened to a
minimum standard of 6 millimeters.
4) Sludge delivered for treatment should be less than 4%solids. In the event solid
content in the sludge is greater than 4%, the maximum amount of sludge the
City will accept is 10,000 gallons per day.In no case,will the City accept sludge
that is greater than 6% solids.
5) Schedule at least two weeks in advance for delivery.
6) Deliver only Tuesday-Thursday between the hours of 8:00 am PST and 3:00
pm PST on non-City observed holidays.
7) Require that sludge haulers check-in at the main office of the City's wastewater
treatment plant before and after offload of sludge.
3. ADMINISTRATION OF AGREEMENT: The Mason County Department of Public
Works will administer this Agreement for the County. The Shelton Public Works Department will
administer this Agreement for the City.
4. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of the
agreement by both the County and the City and shall remain in effect until December 31, 2026.
5. TERMINATION OF AGREEMENT: The County may terminate this Agreement for any
reason upon 10 days advance notice to the City. The City may terminate this Agreement for any
reason upon 365 days advance notice to the County, provided that the City may immediately
suspend its acceptance of sludge if the County is out of compliance with any of its obligations
under Section I.B of this Agreement. If acceptance is suspended, the City shall give the County
notice and an opportunity to cure any failures of the County's obligations. If the County fails to
cure after a reasonable opportunity to do so, the City may terminate this Agreement at that time.
6. LEGAUADMINISTRATIVE ENTITY: No separate legal or administrative entity is
created by or pursuant to this Agreement.
7. INDEMNIFICATION:
A. The City shall defend, indemnify and hold harmless the County, its officials,
Page 2
Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
officers, employees and agents for all claims, liabilities, damages, expenses, reasonable attorney's
fees and suits arising from the City's performance under this Agreement.
B. The County shall defend, indemnify and hold harmless the City, its officials,
officers, employees and agents for all claims, liabilities, damages, expenses,reasonable attorney's
fees and suits arising from the County's performance under this Agreement, including any claims
arising from the County's use of contractors to perform any of the obligations of this Agreement.
C. Solely for purposes of the indemnification provisions, each party waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties.
D. The indemnification provisions shall survive the expiration or termination of this
Agreement.
8. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with all
applicable rules and regulations pertaining to them in connection with the matters covered herein.
9. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation or
duty herein without the express written consent of the other party.
10. ATTORNEY'S FEES: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
11. NOTICES:
All notices and payments hereunder shall be sent or delivered to the following respective
addresses:
To Mason County: To Shelton:
Dept. of Public Works City of Shelton
100 W Public Works Drive 525 W. Cota Street
Shelton, WA 98584 Shelton, WA 98337
Attn: Public Works Director Attn: City Clerk
Phone: (360)427-9670 Phone: (360) 473-5290
or to such other respective addresses as either Party may hereafter designate in writing.All notices
and payments mailed by regular post(including first class) shall be deemed to have been given on
the second business day following the date of mailing, if properly mailed and addressed. Notices
and payments sent by certified or registered mail shall be deemed to have been given on the day
next following the date of mailing, if properly mailed and addressed. For all types of mail, the
postmark affixed by the United States Postal Service shall be conclusive evidence of the date of
mailing.
12. INSURANCE REQUIREMENT: Each party shall obtain and maintain liability coverage
in minimum liability limits of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars($2,000,000) in the aggregate for general liability, errors and omissions, and auto liability,
despite when the claim was made.
Page 3
Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
Each party to this Agreement agrees to provide the other with evidence of insurance coverage in
the form of a certificate or its equivalent from a solvent insurance provider confirming coverage
from a solvent insurance company or pool that is sufficient to address the insurance obligations set
forth above.
13. NON-DISCR]M[NATION POLICY: The County and the City 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,the presence
of any physical,mental, or sensory handicap, or any other status protected by law.
14. FILING: This document shall be filed with the County Auditor pursuant to Chapter 39.34
RCW or, alternatively, listed by subject on either of the Parry's websites.
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have
not been set forth in the text of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
DATED this day of (ya= 2017.
CITY OF SHELTON COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
SHELTON, WASHINGTON MASON C TY,WASHINGTON
Gary H. Cronce,Mayor Kevin SO , Chair
Tracy M000 e Commissioner Terri Jeffreys'Vi Chair
Ka by M Dowell, Commissioner Randy eatherlin, o missioner
ATTEST: ATTEST
Vicki Look, City Cl k erk of�eBoard
Approved as to form: Approved as to form:
Kathle n Haggard Tim Whitehead
City Attorney Mason County Deputy Prosecuting Attorney
Page 4
Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
STATE OF WASHINGTON )
) ss.
COUNTY OF o—)
ON THIS _� �'`� day of Fcbmovq 2017, before me,
personally appeared ��;,, , �1��++�o ('.ha and boa a l"rn �'effre tome
known to be the and 6f ,
being one of the muni ipal corporations that executed the within and foregoing i strument, and
the acknowledged said-instrument to be the free and-voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
wri eNotary Public
State of Washington
MELISSA DREWRY
MY COMMISSION EXPIRES Notkry c in and f the State of Washingt ,
OCTOBER 20,2019 Residing at Alan,lip
My commission xpires
STATE OF WASHINGTON )
I ) ss.
COUNTY OF � 5D
ON THIS � t� h day of 2017, before me,
personally appeared (,r (1,M?,)S e / lwramd h lncz i ,to me
known to be the /)7.,r_la�, and of )h 0 /7 z,-? , /w10
being one of the municipal corporations that executed the within and foregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written. \00M 11011iii11��i
` 14sion
�Np� ,
'�'OTA R,%, Notary Public in and for the State of Washington,
N', PUB L\�, :• 2 ` Residing at CAS) 1l �
'•. 0 . A`o My commission expires t.
9>` '.09;15-'ZoT'
////`11110F lei l/ASN0`��
Page 5
Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
EX. B
HOOD CANAL COORDINATING COUNCIL
INTERLOCAL COOPERATION AGREEMENT
Adopted November 25, 1985
Amended 1987
Amended April 20, 2011
Amended January 10, 2017
THIS AGREEMENT is made and entered into by and between the undersigned local
government agencies and Indian tribes pursuant to provisions of the Interlocal Cooperation Act
of 1967, Chapter 39.34 RCW. This Agreement repeals and replaces the Interagency
Agreement between Jefferson, Mason and Kitsap Counties and other agencies and Indian
tribes dated November 25, 1985, as amended, which established the Hood Canal Coordinating
Council, as well as Rules of Procedure adopted in 1985 and 1993 to implement such
Agreement.
WHEREAS, the undersigned Member organizations and ex-officio member agencies
recognize the overall benefit of participating in a forum for cooperative policy development to
improve decision-making affecting the Hood Canal region, and
WHEREAS, such a forum can reduce duplication, improve cost-effectiveness, and
maintain credibility with the public, and
WHEREAS, involvement of the public and government will help to ensure development
of accepted and workable programs and regulations for the region based in part on continuing
research efforts, and
WHEREAS, the undersigned Member organizations have formed the Hood Canal
Coordinating Council to carry out the purposes of this Agreement, Chapter 77.85 RCW and
Chapter 90.88 RCW, and
WHEREAS, the undersigned Member organizations are authorized and empowered to
enter into this Agreement pursuant to Chapter 39.34 RCW, and
THEREFORE, in consideration of mutual promises and covenants herein, it is hereby
agreed that the Interlocal Cooperation Agreement providing for the Hood Canal Coordinating
Council shall be amended to read as follows:
2
PART I - DEFINITIONS
For the purposes of this Agreement and all other agreements, contracts, and documents
executed, adopted or approved pursuant to this agreement, the following terms shall have the
meaning prescribed to them within this Part unless the context of their use dictates otherwise.
1.1. "Council" means the Hood Canal Coordinating Council.
1.2. "Member organization" means any public agency which is a party or becomes a
party to this Agreement.
1.3. "Non-profit corporation" means the corporation formed by the Council under the
Washington Non-profit Corporations Act and recognized as a public charity under Section
501(c)(3) of the Internal Revenue Code to serve as fiscal agent for the Hood Canal Coordinating
Council.
PART II — MEMBERSHIP AND ORGANIZATION
2.1 MEMBER ORGANIZATIONS. --The Member organizations of the Hood Canal
Coordinating Council shall consist of the following local governments and Indian tribes:
Jefferson County
Kitsap County
Mason County
Port Gamble S'Klallam Tribe
Skokomish Tribe
2.2. COUNCIL ORGANIZATION. —The Council shall consist of the duly-authorized
representative or representatives of each Member organization, who shall constitute its Board of
Directors. Each Member organization shall have one vote. The Council shall adopt and
periodically may revise bylaws to set forth the powers and duties of the Council and of its Board
of Directors. The Council may include ex officio, non-voting members.
PART III —AUTHORITY AND PURPOSE
3.1. AUTHORITY. —The authorities under which the Member organizations enter into
this Agreement are the Interlocal Cooperation Act, Chapter 39.34 RCW, the Salmon Recovery
Act, Chapter 77.85 RCW, and the Aquatic Rehabilitation Act, Chapter 90.88 RCW.
3.2. PURPOSE. -- The purpose of the Hood Canal Coordinating Council —working with
partners, community groups and citizens — is to advocate for and implement regionally and
locally appropriate actions to protect and enhance Hood Canal's environmental and economic
health.
3.3 PUBLIC RECORDS ACT. The Hood Canal Coordinating Council is subject to the
Public Records Act. If applicable, the HCCC will promptly inform a requester that other
agencies, including a Member organization, may have public records responsive to the request.
3.4 PROCUREMENT. The Hood Canal Coordinating Council will adopt procurement
policies that comply with its grant funding sources and federal and state law.
PART IV— FUNDING
4.1. FISCAL MANAGEMENT. —There is hereby authorized a separate legal entity to
serve as fiscal agent for the Hood Canal Coordinating Council and to otherwise conduct the joint
or cooperative undertaking described in this Agreement. The entity shall be organized as a
3
nonprofit corporation under Chapter 24.03 RCW, the Washington Non-profit Corporation Act
and shall conduct its activities so as to qualify as a public charity under Section 501(c)(3) of the
Internal Revenue Code. The Board of Directors of the Council shall serve as the Board of
Directors of the nonprofit organization. The nonprofit organization may hire and fire staff,
including an executive director, enter into contracts, accept grants and other moneys, disburse
funds, and pay all necessary expenses. The nonprofit organization also may receive and
disburse funding for projects, studies, and activities related to protecting and restoring the Hood
Canal watershed and otherwise fulfilling its responsibilities under this Agreement, Chapter 77.85
RCW and Chapter 90.88 RCW.
4.2. AUDIT REQUIREMENTS. -- The Council shall cause an audit to be conducted of
the nonprofit corporation in the manner provided by law for the auditing of public funds, and
consistent with generally-accepted accounting principles for nonprofit corporations.
4.3. FUNDING. -- Each Member organization and ex-officio member entity may fund
staff participation in the Council. Technical assistance may be provided by other public
agencies. The Council is authorized to apply for such federal, state, local, or private funding of
any nature as may become available.
PART V— GENERAL PROVISIONS
5.1. WITHDRAWAL FROM AGREEMENT. --Any Member organization may withdraw
from this Agreement by giving written notice at least three months prior to the intended date of
withdrawal.
5.2. DURATION. --This Agreement shall remain in force and effect perpetually or
until terminated by Member organizations which represent half or more of the signing Member
organizations.
5.3. DISPOSITION OF ASSETS. -- Upon termination of this Agreement any money
assets in possession of the Council after payment of all liabilities, costs, expenses, charges
validly incurred under this Agreement, shall be returned to all contributing Member organizations
in proportion to their financial contributions determined at the time of termination. The debts,
liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any
Member organization.
5.4. RECORDING. -- The executed Agreement shall be filed with the Auditor of each
member County.
5.5 EFFECTIVE DATE. --This Agreement is effective among and between the
members upon its execution by all of the members, as evidenced by the signatures and dates
affixed below, and upon its filing with each County Auditor as provided in this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by each Member
organization on the date set forth below:
6
EXECUTED this�day of 2017.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
RANDY NP E LIN, Commissioner
ATTEST: �.._ V
TERRI JEFFRE Co missioner
Lm'f:)q A
M L ROW RY KEVIN SHUTTY, Commissioner
CI rk of the Board
Approved as to form:
Deputy Prosecuting Attorney for Mason County
EX. C
RESOLUTION NO. i`��0" 1�
AMENDING RESOLUTION NO. 74-16 TO REVISE THE NON-REPRESENTED SALARY SCALE RANGE
ALIGNEIVIENT BY APPROVING THE RECLASSIFICATION REQUEST FOR THE CHIEF FINANCE OFFICER TO A
RANGE 39 FROM A RANGE 32.
WHEREAS, RCW 36.16.070 states that ... In all cases where the duties of any county office are
greater than can be performed by the person elected to fill it, the officer may employ deputies and
other necessary employees with the consent of the board of county commissioners. The board shall fix
their compensation ... .
WHEREAS, a Non-Represented Salary Plan was established for those employees not represented
by a bargaining unit—Attachment A;
WHEREAS, Resolution 71-15 added Chapter 5.3 Reclassification to the Personnel Policy effective
January 1, 2016. Upon adoption of the reclassification policy and process,the Chief Finance Officer's job
description now requires this position to work at a much higher caliber than was originally outlined
when hired at a Salary Range 32, to include a preference of a Certified Public Accountant to fill the
position. The duties,education and knowledge required, have changed to the extent they require a
higher skill set to perform the essential functions of the job. These changes meet the qualifications as
outlined in the Reclassification Policy.
NOW,THEREFORE BE IT RESOLVED that the Board of County Commissioners does hereby revise the
Non-Represented Salary Scale Range Alignment approving the Chief Finance Officer be placed at a Salary
Range 39.
DATED this 7 day of February, 2017.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
_�q i nM
Kevin Shutt , Chair
Clerl o oard
� �,V"
APPROVED AS TO FORM: Terri Jeffreys,Co ssi ner
Tim Whitehead, Chief DPA Ran Neatherlin, Commissioner
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE
46 Community Services Director
Chief Deputy Prosecuting Attorney
Public Works Director
Support Services Director
45 Utilities & Waste Management Director
Human Resources Director
44 Deputy Director Public Works/County Engineer
Deputy Director Public Works/Utilities &Waste Mgmt
43 Chief Criminal Prosecuting Attorney
Public Defense Administrator
40 Deputy Director Public Works/ER&R Manager
39 Chief Finance Manager
38 Emergency and Information Services Manager
Facilities, Parks and Trails Manager
Road Operations & Maintenance Manager
Water&Wastewater Manager
37 Administrator, Probation Services
35 District Court Administrator
Engineering and Construction Manager Engineer IV
Land Use Attorney
Superior Court Administrator
34 Personal Health Manager
Environmental Health Manager
Road Operations & Maintenance Assistant Manager
33 Deputy Administrator, Detention
Deputy Administrator, Probation
Engineer III
Technical Services Manager
32 Planning Manager
Permit Assistance Center Manager
Construction Services Supervisor
Project Support Services Manager
Transportation Planning Supervisor Facilities Manager
Budget Manager
31 Program Manager II
Public Works Finance Manager
Usalary scales\2017\draft-non represented salary alignment reclass cfo-02072017.does Page 1 of 3
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE
30 Building Official
GIS Manager
Right of Way Manager/Property Manager
29 Equipment Maintenance Supervisor
Finance Manager
Road Operations & Maintenance Supervisor
Chief Accountant
Senior Financial Analyst
Chief Deputy Treasurer
Administrative Services Manager
Human Resources/Risk Manager
Chief Deputy Assessor
Chief Appraiser
Administrative Manager
28 Engineer II
Survey Supervisor
27 Administrative Supervisor
Chief Deputy
Elections Superintendent
26 Human Resources Analyst
Financial Analyst
Grants & Contracts Analyst
Engineer 1
25 Program Manager I
Operations & Maintenance/ER&R Administrator
Therapeutic Court Program Manager 1
21 Assistant to the Commissioners
20 Deputy Court Administrator
Office Manager
19 Official Court Recorder/Judicial Assistant
Official Court Recorder/Family Law Facilitator
Personnel Analyst
17 Administrative Assistant
Clerk of the Board/Claims Administrator
13 Administrative Secretary
Legal Secretary
kAsalary scales\2017\draft-non represented salary alignment reclass cfo-02072017.docx Page 2 of 3
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE
10 Receptionist/Secretary
1 PBX Operator
Office Assistant
kAsalary scales\2017\draft-non represented salary alignment reclass do-02072017.doex Page 13 of 3
NON-REPRESENTED SALARY RANGES Attachment
EFFECTIVE JANUARY 1, 2017
(.88%COLA AND 2%GENERAL WAGE INCREASE)
RANGE ENTRY STEP 1 STEP 2 STEP 3 STEP 4 STEP S
46 $9,060.76 $9,293.10 $9,531.40 $9,775.76 $10,026.44 $10,283.50
45 $7,379.82 $7,747.62 $8,136.08 $8,339.56 $8,548.48 $8,760.66
44 $7,202.44 $7,563.70 $7,942.38 $8,140.42 $8,343.90 $8,552.82
43 $7,026.16 $7,377.64 $7,746.52 $7,941.30 $8,138.24 $8,342.80
42 $6,861.82 $7,204.62 $7,563.70 $7,754.14 $7,947.82 $8,145.84
41 $6,692.10 $7,026.16 $7,378.72 $7,562.62 $7,751.96 $7,945.66
40 $6,534.30 $6,861.82 $7,203.52 $7,384.16 $7,569.16 $7,758.48
39 $6,374.36 $6,694.28 $7,028.36 $7,203.52 $7,384.16 $7,569.16
38 $6,222.04 $6,533.22 $6,859.64 $7,032.70 $7,205.68 $7,387.44
37 $6,069.68 $6,373.26 $6,693.18 $6,859.64 $7,031.62 $7,206.78
36 $5,924.96 $6,222.04 $6,533.22 $6,697.52 $6,865.14 $7,037.04
35 $5,782.42 $6,071.84 $6,375.44 $6,534.30 $6,698.60 $6,866.20
34 $5,645.32 $5,926.06 $6,223.12 $6,378.72 $6,538.66 $6,701.92
33 $5,507.10 $5,782.42 $6,071.84 $6,223.12 $6,378.72 $6,538.66
32 $5,377.62 $5,646.40 $5,927.14 $6,075.12 $6,227.46 $6,383.06
31 $5,242.70 $5,506.00 $5,781.32 $5,924.96 $6,074.02 $6,226.36
30 $5,120.80 $5,376.52 $5,645.32 $5,786.74 $5,929.30 $6,078.36
29 $4,996.78 $5,244.88 $5,507.10 $5,646.40 $5,786.74 $5,931.48
28 $4,877.04 $5,120.80 $5,376.52 $5,510.36 $5,649.66 $5,791.10
27 $4,758.46 $4,995.68 $5,243.78 $5,376.52 $5,510.36 $5,647.50
26 $4,645.30 $4,877.04 $5,120.80 $5,247.04 $5,379.78 $5,514.72
25 $4,531.04 $4,757.36 $4,994.62 $5,119.70 $5,245.96 $5,378.70
24 $4,424.40 $4,645.30 $4,877.04 $4,998.96 $5,123.00 $5,252.50
23 $4,315.56 $4,531.04 $4,757.36 $4,877.04 $4,998.96 $5,123.00
22 $4,213.30 $4,424.40 $4,646.40 $4,761.72 $4,880.32 $5,002.20
21 $4,109.92 $4,315.56 $4,532.12 $4,645.30 $4,760.64 $4,879.24
20 $4,010.90 $4,212.22 $4,423.32 $4,533.18 $4,647.48 $4,762.82
19 $3,914.04 $4,109.92 $4,315.56 $4,424.40 $4,534.28 $4,648.56
18 $3,821.58 $4,012.00 $4,213.30 $4,317.74 $4,426.58 $4,536.50
17 $3,727.98 $3,915.12 $4,111.02 $4,214.40 $4,318.84 $4,427.66
16 $3,638.76 $3,821.58 $4,012.00 $4,113.20 $4,215.50 $4,319.92
15 $3,550.62 $3,729.08 $3,914.04 $4,010.90 $4,109.92 $4,213.30
14 $3,464.70 $3,637.68 $3,819.40 $3,915.12 $4,013.08 $4,114.28
13 $3,380.88 $3,549.54 $3,727.98 $3,820.50 $3,916.22 $4,014.18
12 $3,299.26 $3,464.70 $3,637.68 $3,729.08 $3,822.68 $3,917.32
11. $3,219.84 $3,380.88 $3,549.54 $3,638.76 $3,730.16 $3,822.68
10 $3,143.66 $3,299.26 $3,464.70 $3,550.62 $3,639.84 $3,731.24
9 $3,066.40 $3,219.84 I $3,380.88 $3,464.70 $3,551.72 $3,639.84
8 $2,993.50 $3,141.46 $3,299.26 $3,381.96 $3,465.76 $3,552.80
7 $2,919.48 $3,066.40 $3,219.84 $3,299.26 $3,381.96 $3,467.94
6 $2,850.96 $2,994.60 $3,143.66 $3,222.00 $3,302.50 $3,385.24
5 $2,781.30 $2,919.48 $3,066.40 $3,143.66 $3,222.00 $3,302.50
4 $2,716.02 $2,850.96 $2,994.60 $3,069.70 $3,146.92 $3,224.20
3 $2,649.64 $2,782.40 I $2,920.58 $2,994.60 $3,069.70 $3,146.92
2 $2,585.46 $2,714.92 $2,850.96 $2,921.64 $2,995.68 $3,069.70
1 $2,524.50 $2,649.64 $2,781.30 $2,850.96 $2,921.64 $2,995.68
K:\SalaryScales\2017\NonUnionSalary Scale Excel from blunis 01012017.xlsx
Ex. D
MASON COUNTY
AND
SLUDGE HAULING
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as "COUNTY" and AAA Septic Tank pumping and Portable Restrooms Rentals LLC,
referred to as "CONTRACTOR."
RECITALS:
WHEREAS, COUNTY desires to retain a person or firm to provide hauling of sludge from the
County's Wastewater Treatment Facilities in Belfair, Allyn and Rustlewood; and
WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid
services.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
Special Conditions
All materials handling including handling, transportation, storage, deposition, disposal, and
utilization will be subject to current state and county regulatory codes. All activities will be
conducted in accordance with applicable codes and their intent to prevent illegal handling and
disposal practices, and the resulting contamination from the same, vector breeding, hazardous
materials handling, and aesthetic and other public nuisances.
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Performance Period:
The performance period for this CONTRACT shall be for a period of two years from date
acceptance by the Mason County Board of Commissioners, said date being February 7, 2017.
Term:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Extension:
After two years the duration of this CONTRACT may be extended annually by mutual written
consent of the parties, for periods of up to one year, for a total contract length of five years.
Compensation:
CONTRACTOR shall pick up sewage from the facilities owned and operated by the
County and transport to receiving facility at the total cost of twelve cents /gallon
($0.12/gallon) including tax. Details stated in "Exhibit B Compensation."
1
Independent Contractor:
CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in
Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY. The
CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients
other than COUNTY, will report all income and expense accrued under this CONTRACT to the
Internal Revenue Service, and has a tax account with the State of Washington Department of
Revenue for payment of all sales and use and Business and Occupation taxes collected by the
State of Washington.
CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Taxes:
CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
No Guarantee of Employment:
The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Accounting and Payment for CONTRACTOR Services:
Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B,"
by documentation of units of work actually performed and amounts earned, including, where
appropriate, the actual number of days worked each month, total number of hours for the
2
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
Unless specifically stated in Exhibit "B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit "B."
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; and
the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing
wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to
work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to
health and safety as determined by regulations promulgated by the Federal Secretary of Labor
and/or the State of Washington.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual, firm or entity without the express and prior written approval of COUNTY.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
3
informed judgment as to whether or not COUNTY's interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Furthermore, in those cases in which CONTRACTOR is governed by such laws,
CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated
during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation, disability, or veteran status, except where such constitutes a
bona fide occupational qualification. Such action shall include, but not be limited to: advertising,
hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits,
selection for training including apprenticeship, and participation in recreational and educational
activities. In all solicitations or advertisements for employees placed by them or on their behalf,
CONTRACTOR shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any sub-contractor, provided that the
foregoing provision shall not apply to contracts or sub-contractors for standard commercial
supplies or raw materials, or to sole proprietorships with no employees.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise, to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transactions:
CONTRACTOR further certifies, by executing this CONTRACT, that neither it nor its principles
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or Agency.
CONTRACTOR also agrees that it shall not knowingly enter into any lower tier covered
transactions (a transaction between CONTRACTOR and any other person) with a person who is
proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from
4
participation in this covered transaction, and CONTRACTOR agrees to include this clause titled
"Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and
in all solicitations for lower tier transactions.
The "General Service Administration List of Parties Excluded from Federal Procurement or Non-
procurement Programs" is available to research this information at http://epls.arnet.gov/.
Ownership of Items Produced:
All writings, programs, data, public records or other materials prepared by CONTRACTOR
and/or its consultants or sub-contractors, in connection with performance of this CONTRACT,
shall be the sole and absolute property of COUNTY.
When CONTRACTOR creates any copyrightable materials or invents any patentable property,
CONTRACTOR may copyright or patent the same, but COUNTY retains a royalty-free,
nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the
materials or property and to authorize other governments to use the same for state or local
governmental purposes. CONTRACTOR further agrees to make research, notes, and other
work products produced in the performance of this CONTRACT available to COUNTY upon
request.
Patent/Copyright Infringement:
CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand
brought against COUNTY, to the extent such action is based on the claim that information
supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay
those costs and damages attributable to any such claims that are finally awarded against
COUNTY in any action. Such defense and payments are conditioned upon the following:
A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim.
B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for
COUNTY the right to continue using the information, in the event such claim of infringement, is
made, provided no reduction in performance or loss results to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements, judgments,
setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review, within Mason County, State of Washington, upon
5
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the loss of use
resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
6
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the
extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify
COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Deputy
Director Public Works - Utilities and Waste Manager, as COUNTY's representative, hereinafter
referred to as the Administrative Officer, for the purposes of administering the provisions of this
CONTRACT, including COUNTY's right to receive and act on all reports and documents, and
any auditing performed by the COUNTY related to this CONTRACT.
COUNTY's Administrative Officer:
Bart Stepp, PE
Mason County
Deputy Director Public Works-Utilities and Waste Division
100 Public Works Drive
Shelton, WA 98584
Phone: (360) 427-9760 Ext. 652
E-mail: BStepp@co.mason.wa.us
CONTRACTOR's Administrative Officer:
Debra Lovely, Owner
AAA Septic Tank pumping and Portable Restrooms Rentals LLC
2272 E Brockdale Road
Shelton, WA 98584
Phone: (360) 427-6110
E-mail: aaasepticllc@gmail.com
7
Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT. Notices and other communication may be conducted via
e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including
delivery services.
Modifications:
Either party may request changes in the CONTRACT. Any and all agreed modifications, to be
valid and binding upon either party, shall be in writing and signed by both of the parties.
Termination for Default:
If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any money due or coming due to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in
completing the work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that CONTRACTOR was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion, that such termination is in the interests of COUNTY. Whenever the
CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled
to payment for actual work performed in compliance with Exhibit A Scope-of-Services and
Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
8
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of
COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty(30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
Other than claims for injunctive relief brought by a party hereto (which may be brought either in
court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief(including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought
within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which
arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or
issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior
to a written request or demand for arbitration issued under this Agreement are not subject to
arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of Mason County and the State of Washington.
9
Severability:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Exhibit A— Scope of Services
B. Exhibit B - Compensation
C. Exhibit C Insurance Requirements
D. Request for Proposal and Addendum #1
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year last written below.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON COUN SHINGTON
F
ocl, a2�jy (R IM0, 4��
Debra'Lovely, Owner / Kevin Shutty, Chair
Dated: �7 �' Dated: ,� 7- 1
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
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EXHIBIT A
SCOPE OF SERVICES
A. Transportation and Disposal of Sludge
The Contractor shall transport the sludge/material directly from the County's Wastewater
Treatment Facilities in Belfair, Allyn and Rustlewood to the City of Shelton's Treatment Plant or
any other site the County designates. Under no circumstances shall the Contractor be allowed
to make any additional stops in transit to the disposal site to haul any payload other than the
sludge or sewage material.
All hauling and handling equipment and labor shall be provided by the Contractor. Hauling
equipment shall not permit sludge to leak or splash onto roads during the loading or
transportation. Contractor shall be responsible for cleaning up any spilled, leaked, or splashed
sludge or other contents on roads or other areas at or away from the site of Work.
All truck tanks and trailers used for hauling of sludge will be rinsed out prior to taking any sludge
from a Mason County Facility. The tanks shall not have any inorganic bio-degradable items like
paper, band-aids, clothing material, or plastics in them prior to accepting sludge from a Mason
County Facility.
HOURS OF OPERATION: The hours of operation at all facilities are from 8:00 AM until
4:00 PM seven days a week. Special arrangements or emergency service may be required
outside of these hours on an as needed basis. The City of Shelton will only accept sludge
Monday- Thursday and does not accept sludge after 3:00 PM.
The Contractor shall provide copies of the County approved volume based "trip ticket", by the
fifth (51") day of each month.
11
EXHIBIT B
COMPENSATION
NOTE-include billing/invoice specifics.
A. Compensation:
CONTRACTOR will be compensated based on the amount of sludge hauled. There is no
minimum amount guaranteed to the CONTRACTOR. The CONTRACTOR will be paid a total
cost of twelve cents /gallon ($0.12/gallon). This price includes a hauling cost of eleven
cents/gallon ($0.11/gallon) and a tax of one cent/gallon ($0.01/gallon).
B. Requests for Payment:
1. At a minimum the invoice is to include: performance period; date of submission;
CONTRACTOR's name, remittance address and phone number; number of gallons being billed;
invoice total; and any additional applicable information.
2. Submit via e-mail or hard copy as preferred to:
Bart Stepp, PE
Mason County
Deputy Director Public Works-Utilities and Waste Division
100 Public Works Drive
Shelton, WA 98584
Phone: (360) 427-9760 Ext. 652
E-mail: BStepp@co.mason.wa.us
3. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete
and accurate invoice
12
EXHIBIT C
INSURANCE REQUIREMENTS
A. MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact
equivalent. Coverage for an additional insured shall not be limited to its vicarious liability.
Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per
occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage, including without limitation, blanket contractual
liability.
2. Workers' Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits for CONTRACTOR's, with two (2) or more
employees and/or volunteers, no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,
non-owned and hired autos, or the exact equivalent. Limits shall be no less than $2,000,000 per
accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above. If
CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this
project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such
person.
B. Certificate of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
C. Basic Stipulations:
1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as
additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG
20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors,
subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR
(hereinafter"indemnifying parties") to comply with these provisions.
2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the
applicability of any insurance proceeds, and to require all indemnifying parties to do likewise.
3. All insurance coverage maintained or procured by CONTRACTOR or required of others by
CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation
condition as to COUNTY, or must specifically allow the named insured to waive subrogation
prior to a loss.
4. All coverage types and limits required are subject to approval, modification and additional
requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of
coverage that may affect COUNTY's protection without COUNTY's prior written consent.
5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to
COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required
and, b) an additional insured endorsement to CONTRACTOR's general liability policy using
Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR
agrees, upon request by COUNTY to provide complete, certified copies of any policies required
within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance
13
it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged
to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any
actual or alleged failure on the part of COUNTY or any other additional insured under these
requirements to obtain proof of insurance required under this CONTRACT in no way waives any
right or remedy of COUNTY or any additional insured, in this or in any other regard.
6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to
be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary
non-contributing basis in relation to any other insurance or self-insurance available to COUNTY.
7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion
of the insurance required herein and further agrees that it will not allow any indemnifying party
to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-
insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY
may review options with CONTRACTOR, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its
employees or agents face an exposure from operations of any type pursuant to this
CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated
for any reason. Termination of this obligation is not effective until COUNTY executes a written
statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements.
Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain
insurance with limits of liability that exceed the required limits or coverage that is broader than
as outlined above, those higher limits and broader coverage shall be deemed to apply for the
benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this
CONTRACT.
10. None of the policies required herein shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to COUNTY and approved of
in writing.
11. The requirements in this Exhibit supersede all other sections and provisions of this
CONTRACT to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
12. Unless otherwise approved by COUNTY, insurance provided pursuant to these
requirements shall be by insurers authorized to do business in Washington and with a minimum
A.M. Best rating of A-:VII.
13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained in this
CONTRACT limits the application of such insurance coverage.
14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior
to cancellation of such liability coverage or of any material alteration or non-renewal of any such
coverage, other than for non-payment of premium. CONTRACTOR shall assure that this
provision also applies to any subcontractors, joint ventures or any other party engaged by or on
behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will
provide thirty(30) days' notice to COUNTY of any cancellation of coverage.
14
15. COUNTY reserves the right at any time during the term of the CONTRACT to change the
amounts and types of insurance required by giving the CONTRACTOR ninety (90) days
advance written notice of such change. If such change results in substantial additional cost to
the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's
compensation.
16. Requirements of specific coverage features are not intended as limitation on other
requirements or as waiver of any coverage normally provided by any given policy. Specific
reference to a coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all-inclusive.
17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against
CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve COUNTY.
15
COUNTY OF MASON
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS
SLUDGE HAULING SERVICES
Submittal Date: January 5, 2017
Proposal
Mason County is currently requesting proposals for the hauling of accumulated sludge from the County's
Wastewater Treatment Facilities in Belfair,Allyn and Rustlewood;transporting sludge to the City of Shelton's
Treatment Plant located at Fairmount Avenue in Shelton,Washington. ADDITIONAL TRANSPORTING SITES
MAY BE INCLUDED IN THIS CONTRACT although that is not anticipated.
The Contractor shall provide all equipment,materials, supplies and labor to successfully carry out the requirements
of this service agreement. The cost and availability are important considerations in the process of selecting a
Contractor,but not the only considerations. Other factors include: responsiveness to the RFP qualifications,track
record of successes at other municipalities,identification and understanding of the County's requirements as
embodied within this RFP,and experience and qualifications of key personnel.
Backaround and Need
Mason County is responsible for the maintenance and operation of three wastewater treatment facilities;the Belfair
WRF(Belfair),the Rustlewood WTP(Grapeview)and the NorthBay/Case Inlet WRF (Allyn).These facilities need
routine hauling of sludge to keep the systems operating effectively. The solids percentage at each of these facilities
is expected to be between 1—4%. In 2014 Mason County hauled 495,000 gallons of sludge. In 2015 Mason
County hauled 658,500 gallons of sludge. The sludge will be delivered to the City of Shelton treatment facility and
processed into Class A biosolids.
Requirements
The original proposal(of no more than 6 pages)and four(4)copies must be submitted to Public Works in a sealed
envelope by 4:00 p.m. on January 5,2017 and clearly marked:Sludge Hauling Services. Proposals should be
delivered to:
Mason County Public Works
Attn:Bart Stepp
100 W Public Works Drive,Bldg 1
Shelton,WA 98584
Proposals received after the deadline will not be considered.Any proposal received,after the scheduled closing
time,shall be returned to the vendor unopened.Proposals may be sent by mail or turned in personally;however,if
sent by mail,the responsibility for delivering a proposal to the County before the deadline is wholly upon the
vendor.
A vendor may not withdraw its proposal after it is formally opened by a representative from the County.
Vendor shall provide a cost per gallon for the hauling of sludge from each facility to the Shelton Treatment Plant.
Vendor shall include in its proposal all applicable local,city,state and federal taxes.It is the vendor's obligation to
state,on their proposal sheet,the correct percentage and total applicable federal,state,city and local taxes. Taxes
shall not be imbedded in other costs in the proposal but shall be explicitly expressed.
Costs
Those submitting proposals do so entirely at their expense.There is no expressed or implied obligation by the
Mason County to reimburse any individual or firm for any costs incurred in preparing or submitting proposals,
providing additional information when requested by the Mason County,or for participating in any selection
interviews.
16
Inquiries
Vendors with questions about the proposal may contact Bart Stepp at(360)427-9670,ext.652,or by email at
bstepp(a)co.mason.wa.us. The Mason County contact will also receive written requests for clarification and/or
interpretation for this Request for Proposal up to seven(7)business days prior to the due date.
Proposed Schedule
Publish RFP.......................................December 22,2016&December 29,2016
Proposal Due .....................................Thursday January 5,2017 at 4 PM
Anticipated Award Announcement............Tuesday January 17,2017
Anticipated Contract Start Date................Wednesday February 1,2017
Proposal Format
In order to thoroughly analyze the responses to the RFP,vendors are required to prepare their proposals in
accordance with the instructions outlined in this section.Vendors whose proposals deviate from these instructions
may be considered non-responsive and may be disqualified at the discretion of Mason County.
Vendors must present their products,services and applicable features in a clear and concise manner that
demonstrates the vendors'capabilities to satisfy the requirements of this RFP.Emphasis should be concentrated on
accuracy, clarity,comprehensiveness and ease of identifying pertinent information and suitability of the product and
services.The proposal should be organized into the following major sections.Instructions relative to each section
are defined in Proposal Requirements.
Letter of Transmittal
Vendor Profile
Bid Proposal"Attachment#1"
Statement of Intent to Pay Prevailing Wage as applicable
Client References
Mason County hereby notifies all parties that it will affirmatively insure that in any contract agreement entered into
pursuant to this advertisement,minority business enterprises will be afforded full opportunity to submit bids in
response to this invitation,and will not be discriminated against on the grounds of race,color,sex,or national origin
in consideration for an award.
Agreement for hauling of sludge will be for a period beginning upon approval of the applicable contract agreement
by the Board of County Commissioners and expiring two year from that date,with the option to extend one year.
The Contractor whose proposal is accepted shall provide the necessary Performance Bond and Liability
Insurance prior to contract agreement approval. The Contractor shall also provide trip tickets
demonstrating volumes hauled per trip. Such trip tickets shall be submitted to the County with each invoice
submittal by the Contractor.
The Contractor shall also provide a Statement of Intent to Pay Prevailing Wages if required.
PROPOSAL REQUIREMENTS
Vendor Profile
Please provide a vendor profile that indicates the number of staff,year's established and key personnel.In addition,
please provide relevant experience of your firm in performing similar work.
Bid Proposal(Attachment"1")
The contract award will be based on the cost per gallon to Mason County for hauling of sludge including all
applicable taxes.
17
Client References
Please provide a list of at least three municipalities or wastewater utilities that use your services that are comparable
in size and scope to this request.Please include names and phone numbers of responsible individuals who can be
contacted.
Performance Bond
The Proposer shall provide Mason County with a Performance Bond or Letter of Credit from a bank or other
approved financial institution in an amount of$10,000.00. Said Bond or Letter of Credit shall be furnished to Mason
County on or before the effective date of this agreement,and shall be subject to the approval of the Mason County
Prosecuting Attorney.
Wastewater Facility Locations
Services shall be hauled from the following locations:
Belfair WRF North Bay/Case Inlet WRF Rustlewood WWTP
25200 NE SR 3 1001 E Reclamation Ridge Rd. 111 E Rustle Way
Belfair,WA 98528 Allyn,WA 98524 Grapeview,WA 98546
Method of Payment
Payment will be made within 30 days of receipt of invoice delivery to the County, assuming the services provided
were accepted and that proper and correct billing has been received by the Mason County Department of Public
Works/Utilities&Waste Management(100 W Public Works Drive, Shelton,WA 98584)before the 5th of each
month.
Mason County,in accordance with Title VI of the Civil Rights Act of 1964
78 Stat.252,42 U.S.C. 2000d to 2000d-4 and Title 49,Code of Federal Regulations,Department of Transportation,
Subtitle A,Office of the Secretary,Part 21,nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act,hereby notifies all bidders that it will affirmatively insure that in any
contract entered into pursuant to this advertisement,disadvantaged business enterprises will be afforded full
opportunity to submit bids in response to this Mason County Public Works Sludge Hauling Services RFP invitation
and will not be discriminated against on the grounds of race,color,or national origin in consideration for an award.
Regulation Compliance Requirements
All materials handling including handling,transportation,storage,deposition, disposal,and utilization will be
subject to current state and county regulatory codes. All activities will be conducted in accordance with applicable
codes and their intent to prevent illegal handling and disposal practices,and the resulting contamination from the
same,vector breeding,hazardous materials handling,and aesthetic and other public nuisances.
Insurance
At a minimum,the Contractor shall provide insurance that meets or exceeds the requirements detailed in
"Attachment#2,Insurance Requirements."
Equipment Inspections
The County shall have the right to conduct an on-site inspection of the Contractor's equipment prior to award.
Evaluation Criteria
Mason County requires a vendor that is responsive. Please include in your proposal the following:
1. Relevant Experience of your firm in performing similar work
2. Schedule Availability
3. Costs of providing the services
4. Outline of intended data reporting procedures for collection
5. References
Final Ranking and Selection
A committee will make a recommendation for the award of the contract to the vendor whose proposal is determined
to be the most suitable for the County,considering all the criteria as set forth in this Request for Proposal.
18
Discussions: Best and Final Proposer
The Committee reserves the right to recommend a vendor for contract award based exclusively upon the written
proposal,without further discussions. Should the Committee determine that further discussions would be in the best
interest of the County,the Committee shall establish procedures and schedules for conducting discussions and/or
presentations and will notify specific vendors.When in the best interest of the County,the Committee may permit
all qualified vendors,those who meet the mandatory criteria,to revise their proposals by submitting"best and final"
Proposal.
Rejection of Proposal
Mason County reserves the right to reject any and or all proposals,and waive any informality in proposals.
Service Agreement Structure
A negotiated Service Agreement will define the relationship between the County and the selected Contractor. The
initial Agreement will be for a period of 24 months. The Service Agreement may be negotiated,at the County's
discretion,for an additional period. Subsequent agreements will not be for less than yearly increments. The
Agreement will include specific guarantees and stipulations to be met by the selected Contractor and the County.
19
ATTACHMENT#1
BID PROPOSAL TO
MASON COUNTY
DEPARTMENT OF UTILITIES AND WASTE MANAGEMENT
TO PROVIDE
SLUDGE HAULING SERVICES
Furnish Sludge Hauling Services to the Mason County Department of Public Works as described in the proposal
information. Service shall be between the Belfair Wastewater Reclamation Facility located in Belfair,WA,the
North Bay/Case Inlet Wastewater Treatment Facility located in Allyn,WA and the Rustlewood Water and
Wastewater Treatment Facility,located in Grapeview,WA.
BID:
Hauling sludge in compliance with the attached Provisions.
Initial delivery of service shall be within thirty working days after receiving a notice to proceed.
Belfair Water Reclamation Facility
Bid price: cost per gallon $
Sales Tax(cost per gallon) $ g
North Bay/Case Inlet Water Reclamation Facility
Bid price: cost per gallon $
Sales Tax(cost per gallon) $ �-
Rustlewood Wastewater Treatment Plant q
Bid price: cost per gallon $ i
Sales Tax(cost per gallon) $ 1
Bidder's Service Facility is located at: b �
r
Submitted by: j
Signat re
Uuv,
Printed ame
(VYVOA
Title
Company:
Address
Y aA&Y\, L
Phone
NOTE: Should the Grand Total Amount exceed the budget for this project,the County reserves the right to decrease
the work or make other changes in the work as necessary.Mason County will incorporate the bid proposal as part of
the Contract Agreement.
20
ATTACHMENT#2
INSURANCE REQUIREMENT
For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and
comply with all limits,terms and conditions stated therein. Work under this Agreement shall not commence until
evidence of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist
of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to
the Mason County Deputy Director of Utilities/Waste Management. If for any reason,any material change in the
coverage occurs during the course of this Agreement;such change will not become effective until 45 days after
Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect
that Mason County is an additional insured on the Contractor's general liability policy with respect to activities
under this Agreement. The policy shall provide and the certificate reflect that the insurance afforded applies
separately to each insured against whom a claim is made or suit is brought except with respect to limits of the
company's liability.
It is the responsibility of the Contractor to provide fire insurance for any equipment used by the Contractor. This
fire insurance shall cover the entire replacement value of the equipment insured.
A.MINIMUM Insurance Requirements:
1. Commercial General Liability Insurance using Insurance Services Office"Commercial General Liability"policy
form CG 00 01,with an edition date prior to 2004,or the exact equivalent. Coverage for an additional insured shall
not be limited to its vicarious liability.Defense costs must be paid in addition to limits. Limits shall be no less than
$1,000,000 per occurrence for all covered losses and no less than$2,000,000 general aggregate,for bodily injury,
personal injury, and property damage,including without limitation,blanket contractual liability.
2.Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with
employer's liability limits for the Contractors,with two(2)or more employees and/or volunteers,no less than
$1,000,000 per accident for all covered losses.
3.Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned,non-owned and hired
autos,or the exact equivalent. Limits shall be no less than$2,000,000 per accident,combined single limit.If
Contractor owns no vehicles,this requirement may be satisfied by a non-owned auto endorsement to the general
liability policy described above. If Contractor or the Contractor's employees will use personal autos in any way on
this project,Contractor shall obtain evidence of personal auto liability coverage for each such person.
B.Certificate of Insurance:
A Certificate of Insurance naming County as the Certificate Holder must be provided to County within five(5)days
of Contract execution.
C.Basic Stipulations:
1. Contractor agrees to endorse third party liability coverage required herein to include as additional insureds
County, its officials, employees and agents,using ISO endorsement CG 20 10 with an edition date prior to 2004.
Contractor also agrees to require all Contractors,subcontractors,and anyone else involved in this Contractor on
behalf of the Contractor(hereinafter"indemnifying parties") to comply with these provisions.
2.Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance
proceeds,and to require all indemnifying parties to do likewise.
3.All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this
Contract shall be endorsed to delete the subrogation condition as to County,or must specifically allow the named
insured to waive subrogation prior to a loss.
4.All coverage types and limits required are subject to approval,modification and additional requirements by
County. Contractor shall not make any reductions in scope or limits of coverage that may affect County's protection
without County's prior written consent.
5. Contractor agrees to provide evidence of the insurance required herein,satisfactory to County,consisting of. a)
certificate(s)of insurance evidencing all of the coverages required and,b)an additional insured endorsement to
Contractor's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to
21
2004.Contractor agrees,upon request by County to provide complete,certified copies of any policies required
within 10 days of such request. County has the right,but not the duty,to obtain any insurance it deems necessary to
protect its interests.Any premium so paid by County shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor. Any actual or alleged failure on the part of County or any other additional
insured under these requirements to obtain proof of insurance required under this Contract in no way waives any
right or remedy of County or any additional insured,in this or in any other regard.
6. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by
Contractor or indemnifying party,is intended to apply first and on a primary non-contributing basis in relation to
any other insurance or self-insurance available to County.
7. Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required
herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to County.If
Contractor's existing coverage includes a self-insured retention,the self-insured retention must be declared to the
County. The County may review options with Contractor,which may include reduction or elimination of the self-
insured retention,substitution of other coverage,or other solutions.
S. Contractor will renew the required coverage annually as long as County,or its employees or agents face an
exposure from operations of any type pursuant to this Contract.This obligation applies whether or not the Contract
is canceled or terminated for any reason.Termination of this obligation is not effective until County executes a
written statement to that effect.
9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage
carried by Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the
required limits or coverage that is broader than as outlined above,those higher limits and broader coverage shall be
deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall
become the required minimum limits of insurance in all Paragraphs and Sections of this Contract.
10.None of the policies required herein shall be in compliance with these requirements if they include any limiting
endorsement that has not been first submitted to County and approved of in writing.
11.The requirements in this Exhibit supersede all other sections and provisions of this Contract to the extent that
any other section or provision conflicts with or impairs the provisions of this Exhibit.
12.Unless otherwise approved by County,insurance provided pursuant to these requirements shall be by insurers
authorized to do business in Washington and with a minimum A.M.Best rating of A-:VII.
13.All insurance coverage and limits provided by Contractor and available or applicable to this agreement are
intended to apply to the full extent of the policies.Nothing contained in this Contract limits the application of such
insurance coverage.
14. Contractor agrees require insurers,to provide notice to County thirty(30)days prior to cancellation of such
liability coverage or of any material alteration or non-renewal of any such coverage,other than for non-payment of
premium. Contractor shall assure that this provision also applies to any subcontractors,joint ventures or any other
party engaged by or on behalf of contractor in relation to this agreement. Certificate(s)are to reflect that the issuer
will provide thirty(30)days' notice to County of any cancellation of coverage.
15. County reserves the right at any time during the term of the Contract to change the amounts and types of
insurance required by giving the Contractor ninety(90) days advance written notice of such change.If such change
results in substantial additional cost to the Contractor,the County and Contractor may renegotiate Contractor's
compensation.
16.Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of
any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive.
17.Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of
the work performed under this agreement. County assumes no obligation or liability by such notice,but has the right
(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve County.
22
ON Cps
DATE: DECEMBER 28,2016
PROJECT: MASON COUNTY PUBLIC WORKS SLUDGE HAULING RFP
SUBJECT: ADDENDUM#1 TO RFP
THE RFP IS MODIFIED IN THE FOLLOWING WAYS:
REVISION NO. 1 — On the first page of the RFP at the end of the paragraph in the
section titled "Background and Need" the following sentences are added.
"The truck tanks used to haul sludge will be rinsed out prior to taking any sludge from a
Mason County facility. The tanks shall not have any inorganic non-biodegradable items
like paper, band-aids, clothing material, or plastics in them prior to accepting sludge
from a Mason County Facility."
REVISION NO. 2 — On the first page of the RFP at the end of the last paragraph in the
section titled "Requirements" the following sentences are added.
"The cost per gallon will not include the dumping fee. The County will pay the City of
Shelton directly for the cost of processing sludge from County facilities. Any costs to
the Vendor to rinse out Vendor trucks prior to receiving the sludge will be included in the
bid price per gallon. This contract is subject to state prevailing wage requirements and
Vendor must pay prevailing wages for all employees working on this job."
The RFP due date of January 5, 2017 at 4 PM has not changed.
Sincerely,
Bart Stepp, PE
Mason County
Deputy Director/Utilities & Waste Management
23
C.A.R.S. Page 1 of 1
Mason County
Calendar Year 2017
Digital Submittal Certification
for Forms Due February 1 st
The documents checked below are hereby submitted from Mason
County for the review and acceptance of the County Road
Administration Board.
X Road Levy Certification for 2017
I hereby certify that the above reports are true and accurate and that I
have reviewed, approved, and submitted said reports to the County
Road Administration Board in accordance with WAC 136-04. By my
signature below, I acknowledge that I am signing all the documents
indicated by e c Aced boxes.
Chair 1 Exec a Signature Date I
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County Engineer Signature Date i
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https:Hwww.crab.wa,gov/cars/ 1/18/2017
Ex. E
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RESOLUTION NO._ ,I
AMENDING RESOLUTION'NO.87-16 TO FIX THE AMOUNT OF AD VALOREM
TAXES FOR THE ROAD LEVY FOR THE YEAR 2017
WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners
shall fix the amount of the tax levies to be raised for Road Fund; j
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WHEREAS,the Diversion of Road Levy was adopted at$1,380,000 at the November
22,2016 hearing and that amount needs to be recertified at$1,500,000; i
IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be
raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2017 s:
Budget for Mason County Refund Levy and Road Fund: i
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ROAD FUND $8,148,706.49
DIVERSION OF ROAD LEVY $.1;500,000.00
TOTAL ROAD LEVY $9,648,706.49
REFUND LEVY $ 29,614.01 i
TOTAL AMOUNT TO LEVY FOR 2017 $9,678,320.50
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This resolution reserves unutilized levy for banked capacity.
ADOPTED this �J� day of DzC. 2016.
BOARD OF MASON COUNTY COMMISSIONERS
"�)J' A
Terri Jeffreys, I 'rp 1rson
A v�
Randy eatherlin,Commissioner
Tim Sheldon, Commissioner
ATTEST:
V1ko t40e4Bod
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APPROVED AS TO FORM:
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Tim irte-head, Chief Deputy Prosecuting Attorney x
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J:\Budget Adoption.Info\Ml7\Resolutions\Levy Resolutions-REVISED at 1.5 for Diversion Road No
Ba.doc
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C.A.R.S. Page 1 of 1
Mason County
Certification of the 2017 Road Levy and Estimated Revenue Produced
WAG 136-150-021
Total County Valuation: $6,991,537,804
Road District
($!Thousand} Valuation Amount
Highest Lawful Road Levy: $1.636648 $6,428,237,861 $10,520,765
County Road Levy Shifted to Current $0 000000 $6,428,237,851 $0
Expense (per RCW 84.52.043):
Adjusted Highest Lawful Road Levy: $1,636648 $6,428,237,851 $10,520,766
Actual Established Road Levy:
(Levy Fixed in Accordance with RCW $1.505595 $6,428,237,851 $9,678,320
36,40.090)
County Road Property Tax Revenues Diverted For Other Unincorporated Purposes in Accordance with
RCW 36.33.220, RCW 39.89,or RCW 84.55.050: i
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Service to be Provided Diverted $/Thousand Diverted Levy Amount
Traffic Law Enforcement RCW 36.33.220 0.233345 $1,500,000
Total Diverted Road Levy: $0.233345 $1,500,000 i
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Road Levy Revenue Remaining for Roads
(RCW 36.82.040) $1.272249 $8,178,320
Road Funds Budgeted to be used for Traffic Law Enforcement
Traffic Law Enforcement Funded Through Operating Transfer(per agreement): $0
Traffic Law Enforcement Funded Through Direct Payment(cost reimbursement): $0
Total Budgeted Road Fund Expenditures for Traffic Enforcement: $0
Reporting of Diverted Road Levy and budgeted Road Fund
Expenditures for Traffic Law Enforcement amounts are both required in
order to ascertain county eligibility for RATA funds. (see WAC 136-150- i
030)
Note:WAC 136-150-021 provides that"The CRABoard will request that every county legislative authority I
submit a certification showing the amount of the road levy fixed and the amount,if any,budgeted in
accordance with RCW 36.33.220 for traffic law enforcement and/or any other purpose from diverted road
levy no later than February 1 st of each year".
https://www.crab.wa.gov/cars/ 1/18/2017