35
1. Call to Order BOARD Of MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers - 6:00 p.m. 411 North fifth Street, Shelton WA 98584 TUESDAY, JULY 23, 2013 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Announcement of bid award for County Road Project 1856, Tahuya River Road to Contech Engineered Solutions for $34,500. Staff: Brian Matthews 5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments. The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. (An individual may request to address the Board at a later time on the agenda by contacting the Clerk of the Board at least 24 hours prior to the meeting.) 6. Adoption of Agenda Items appearing on the agenda after "Item 9. Public Hearings", may be acted upon before 6:30 p.m. 7. Approval of Minutes - June 24 and July 1 briefing meeting minutes; July 16 regular meeting minutes. 8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval for the Chair to sign Real Estate Multiple Listing Forms to facilitate marketing and selling Mason County Surplus Real Estate. 8.2 Approval for the Chair to sign a Deed of Right (Recreation) with the Washington State Recreation and Conservation Office for the Sunset Bluff View Park project. 8.3 Approval and authorization for the Chair to execute a contract for professional services between Skilling's Connolly, Pacific Seafoods, and the Mason County Department of Community Development 8.4 Approval of the Veterans Assistance Fund applications for: Utilities $1025.06; Housing $550.00 for a total of $1,575.06 as recommended by the Veterans Assistance Fund Screening Committee. 8.5 Approval of Warrants Claims Clearing Fund Warrant #s 222141-222525 $1,389,623.48 Salary Clearing Fund Warrant #s 6739-6783 $ 285,348.22 Direct Deposit Fund Deposit #s 47375-47759 $ 537,873. 92 Last printed 7/18/2013 11:30:00 AM If special accommodations are needed, contact the Commissioners' office at ext. 419, Shelton #360-427- 9670; Belfair #275-4467, Elma #482-5269.

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1. Call to Order

BOARD Of MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA

Commission Chambers - 6:00 p.m. 411 North fifth Street, Shelton WA 98584

TUESDAY, JULY 23, 2013

2. Pledge of Allegiance

3. Roll Call

4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Announcement of bid award for County Road Project 1856, Tahuya River Road to

Contech Engineered Solutions for $34,500. Staff: Brian Matthews

5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments. The Mason County Commission is committed to maintaining a meeting atmosphere

of mutual respect and speakers are encouraged to honor this principle. (An individual may request to address the Board at a later time on the agenda by contacting the Clerk of the Board at least 24 hours prior to the meeting.)

6. Adoption of Agenda Items appearing on the agenda after "Item 9. Public Hearings", may be acted upon before 6:30 p.m.

7. Approval of Minutes - June 24 and July 1 briefing meeting minutes; July 16 regular meeting minutes.

8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval for the Chair to sign Real Estate Multiple Listing Forms to facilitate marketing

and selling Mason County Surplus Real Estate. 8.2 Approval for the Chair to sign a Deed of Right (Recreation) with the Washington State

Recreation and Conservation Office for the Sunset Bluff View Park project. 8.3 Approval and authorization for the Chair to execute a contract for professional services

between Skilling's Connolly, Pacific Seafoods, and the Mason County Department of Community Development

8.4 Approval of the Veterans Assistance Fund applications for: Utilities $1025.06; Housing $550.00 for a total of $1,575.06 as recommended by the Veterans Assistance Fund Screening Committee.

8.5 Approval of Warrants Claims Clearing Fund Warrant #s 222141-222525 $1,389,623.48 Salary Clearing Fund Warrant #s 6739-6783 $ 285,348.22 Direct Deposit Fund Deposit #s 47375-47759 $ 537,873. 92

Last printed 7/18/2013 11:30:00 AM If special accommodations are needed, contact the Commissioners' office at ext. 419, Shelton #360-427-9670; Belfair #275-4467, Elma #482-5269.

MASON COUNTY COMMISSIONERS' MEETING AGENDA JULY 23, 2013 - PAGE 2

8.6 Approval of amendment #2 to the interlocal agreement between Grays Harbor county and Mason County of the Community Transformation grant. The amendment adds $3,606 for continued support for bike/pedestrian plan implementation and Safe Routes to School projects and to support policy, environmental and system changes to increase healthy eating, active living, and reduce tobacco exposure.

9. 6:30 p.m. Public Hearings and Items Set for a Certain Time 9.1 6:30 p.m. Washington Forest Protection Association - Cindy Mitchell

10. Other Business (Department Heads and Elected Officials)

11. Board's Reports & Calendar

12. Adjournment

J :\AGENDAS\2013\2013-07-23 REG.doc

MASON COUNTY

TO: BOARD Of MASON COUNTY COMMISSIONERS Reviewed:

FROM: Shannon Goudy Ext. 419

DEPARTMENT: Central Operations Action Agenda

DATE: July 23, 2013 No. 4.1

ITEM: Correspondence

4.1.1 The Economic Development Council of Mason County provided their second quarter report.

4.1.2 Anthony Barboza would like the use of compression brakes restricted on State Route 119.

4.1.3 Conley Watson is seeking appointment to the Solid Waste Advisory Committee.

4.1.4 Susan Guerrero submitted her resignation from the Civil Service Commission.

Background: Correspondence received in the Commissioners' office.

Recommended Action: None

Attachments: Originals on file with the Clerk of the Board.

Correspondence Cover Sheet

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Melissa Mcfadden Ext. 450

DEPARTMENT: Public Works Correspondence & Other Business

DATE: July 23, 2013 No. y ,'L

ITEM: BID AW ARD: County Road Project 1856, Tahuya River Road (County Road Number 70950)

Background: On May 21, 2013, County Commissioners authorize Public Works to advertise, set bid date/time and award the purchase of an aluminum pipe arch for the culvert replacement project on Tahuya River Road.

Date and time of opening was Friday, July 12, 2013 at 9:00 a.m.; two (2) bids were received and opened at the office of the Mason County Commissioners.

The contract has been awarded to the apparent low bidder, Contech Engineered Solutions out of Portland, Oregon, at their bid price of $34,500.

Funding for this project is coming from Natural Resource Conservation Services (NRCS) in the amount of $95,000 and the design work under a Mason Conservations grant from US Fish & Wildlife Services. This project will be completed by the use of County Forces.

A copy of the bid tabulation is attached for your information.

Recommended Action: None

Attachments: Bid Tabulation

ROAD: TAHUYA RIVER ROAD PIPE BID OPENING: JULY 12, 2013

CRP 1856

ITEM ITEM D. DESCRIPTION UNIT

14'-3" x 9-'7" ALUMINUM PIPE 1 ARCH, 0.125" THICK LS

STRUCTURAL PLATE, 70 LF

II PLAN NE

UANTIT

70

TOTALS

BID TABULATION SHEET

Contech Engineered Solutions Pacific Corrugated Pipe, Co. 11835 NE Glenn Widing Dr 89822 Hwy 99 North Portland Or 97220 Eugene OR 97 402

EN<J.lNEEK1S BIDDER NO: 1 BIDDER NO: 2

ESTIMATE BOND/ADD? yes BOND/ADD? no UNIT ESTIMATE UNIT ESTIMATE UNIT ESTIMATE PRICE TOTAL PRICE TOTAL PRICE TOTAL

$ 44,625.00 $ 34,500.00 $ 44,223.01

$ 44,625.00 $ 34,500.00 $ 44,223.0"1

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Diane Zoren Ext. 747

DEPARTMENT: Central Operations Monday Briefing: __ Action Agenda: __

DATE: July 23, 2013 No.

ITEM: Approval of minutes: June 24 and July 1 briefing meeting minutes; July 16 regular meeting minutes.

Recommended Action: I move to approve the June 24 and July 1 briefing meeting minutes; July 16 regular meeting minutes.

Attachment: Minutes

Cover for minutes

BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS

July 16, 2013

1. Call to Order - The Chairperson called the regular meeting to order at 9:08 a.m.

2. Pledge of Allegiance - Judge Finlay led the flag salute.

3. Roll Call - Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 3 - Terri Jeffreys. Absent: Commissioner District 2 - Tim Sheldon.

4. Correspondence and Organizational Business 4.1 Correspondence

4.1.1 Williams Northwest Pipeline provided information about natural gas transmission pipelines in Mason County.

4.1.2 The Washington State Liquor Control Board sent notice of assumption for Spencer Lake Grocery, notice of change of corporate officers for Hama Hama Company and notice of establishments in Mason County with liquor licenses due to expire on October 31, 2013.

4.1.3 Pacific Northwest Regional Council of Carpenters sent notice of a labor dispute with Quigg Brother Inc.

4.1.4 Sheena Kaas is seeking appointment to the Solid Waste Advisory Committee 4.1.5 Ken and Sherry Ford expressed concerns regarding dangerous dogs in their

neighborhood.

4.2 Staff Recognition - Probation Services. Chair Neatherlin and Judge Finlay recognized Harris Haertel for his years of service with Mason County.

5. Open Forum for Citizen Input -5.1 Tom Davis discussed debt restructuring for the Belfair Sewer. He encouraged the Board to look

at other options beyond the current proposal.

5.2 Patricia Vandehey had questions about the Williams Northwest Pipeline correspondence. She wanted to make sure it wasn't regarding new pipeline construction.

5.3 Annette McGee recognized Mr. Haertel's service to the community. She also thanked the Board for sending a letter to the Port of Shelton regarding the Fair's rental fees.

5.4 John Bolender also recognized Mr. Haertel's service to community. He asked the status of the County's letter to the FM regarding the fairgrounds property at the Port of Shelton.

The Board noted that a letter was drafted. They were waiting for Commissioner Sheldon to return so he could review it.

6. Adoption of Agenda - Cmmr. Jeffreys/Neatherlin moved and seconded to adopt the agenda as published. Motion carried. N-aye; s-absent; J-aye.

7. Approval of Minutes - July 9, 2013 regular meeting minutes.

Cmmr. Jeffreys/Neatherlin moved and seconded to approve the July 9, 2013 regular meeting minutes. Motion carried. N-aye; S-absent; J-aye.

8. Approval of Action Agenda: 8.1 Approval of a twelve-month contract for professional services between Mason County Juvenile

Court and Kerri Duke, licensed social worker and certified functional family therapist.

BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS July 16, 2013 - PAGE 2

8.2 Approval of Amendment 9 to the 2012-2014 Consolidated Contract C16893 with the WA State Department of Health to increase the maximum consideration of the contract by $30,772.

8.3 Approval of Veterans Assistance Fund applications for: food $300.00 and housing $600.00, for a total of $900.00.

8.4 Approval to appoint Robert McKibbin and Kevin Frankeberger to serve on the Mason County Board of Equalization. Mr. McKibbin will serve a three year term, which expires on May 31, 2016 and Mr. Frankeberger will serve the remainder of a term that expires on May 31, 2014.

8.5 Approval for the Chair to sign a Deed of Right (Recreation) with the VVashington State Recreation and Conservation Office for the Sunset Bluff Vie'N Park project.

8.6 Approval to award a contract to Engineered Control Systems (ECS) in an amount not to exceed $300,000 to renovate the control system, intercom and surveillance system in the Mason County Jail. Scope of work includes renovating the existing jail system as well as the addition of up to five additional cells in the DSU unit.

8.7 Approval to adopt a resolution setting a hearing date with the Hearing Examiner on Tuesday, August 13, 2013 at 1:00 p.m. to consider public comment on the petition for vacation of a portion of Hannegan Street (Vacation No. 387). Resolution No. 38-13 (Exhibit A)

8.8 Approval to adopt a resolution setting a hearing date with the Hearing Examiner on Tuesday, August 13, 2013 at 1:00 p.m. to consider public comment on the petition for vacation of portions of Wheelwright Street and alleys (Vacation No. 388). Resolution No. 39-13 {Exhibit B)

8.9 Approval of the resolution to close Clifton Lane on Saturday, August 10, 2013 from 6:00 a.m. to 10:00 p.m. for the "Taste of Hood Canal" event. Resolution No. 40-13 (Exhibit C)

8.10Approval to set a public hearing on Tuesday, August 13, 2013 at 9:30 a.m. to consider a Private Line Occupancy Permit between Mason County and Richard and Jeanette Mccallum.

The funding sources were clarified for items 8.1, 8.2 and 8.6.

Cmmr. Jeffreys/Neatherlin moved and seconded to approve action items 8.1 through 8.10, with exception of item 8.5, which was removed. Motion carried. N-aye; s-absent; J-aye.

9. 9:30 a.m. Public Hearings and Items Set for a Certain Time - There were no public hearings scheduled.

10. Other Business (Department Heads and Elected Officials) -10.1 Michelle Whittaker, Utilities and Waste Management, read a news release announcing a public

comment period for Mason County's general permit application for biosolids management for the Belfair Water Reclamation facility.

10.2 Sheriff Salisbury recognized the employees that worked on the jail control panel project, Mr. Haertel for his service to Mason County and youth cadet academy award recipients from Mason County.

11. Board's Reports and Calendar - The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings.

12. Adjournment - The meeting adjourned at 10:07 a.m.

BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS July 16, 2013 - PAGE 3

ATTEST:

Shannon Goudy, Clerk of the Board

BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON

Randy Neatherlin, Chair

Tim Sheldon, Commissioner

Terri Jeffreys, Commissioner

MASON COUNTY · BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Diane Zoren Ext. 747

DEPARTMENT: Central Operations Action Agenda __

DATE: July 23, 2013 No. 8.

ITEM: Approval of Action Agenda:

8.1 Approval for the Chair to sign Real Estate Multiple Listing Forms to facilitate marketing and selling Mason County Surplus Real Estate.

8.2 Approval for the Chair to sign a Deed of Right (Recreation) with the Washington State Recreation and Conservation Office for the Sunset Bluff View Park project.

8.3 Approval and authorization for the Chair to execute a contract for professional services between Skilling's Connolly, Pacific Seafoods, and the Mason County Department of Community Development

8.4 Approval of the Veterans Assistance Fund applications for: Utilities $1025.06; Housing $550.00 for a total of $1,575.06 as recommended by the Veterans Assistance Fund Screening Committee.

8.5 Approval of Warrants Claims Clearing Fund Warrant #s 222141-222525 $1,389,623.48 Salary Clearing Fund Warrant #s 6739-6783 $ 285,348.22 Direct Deposit Fund Deposit #s 47375-47759 $ 537,873.92

8.6 Approval of amendment #2 to the interlocal agreement between Grays Harbor county and Mason County of the Community Transformation grant. The amendment adds $3,606 for continued support for bike/pedestrian plan implementation and Safe Routes to School projects and to support policy, environmental and system changes to increase healthy eating, active living, and reduce tobacco exposure.

Recommended Action: I move to approve the Action Agenda Items 8.1 and 8.6.

I:\Zoren\Cover for Consent Agenda.doc Last printed 7/18/2013 11: 3 1: 00 AM

MASON COUNTY PARKS AND TRAILS DEPARTMENT

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: John Keates Ext. 669

DEPARTMENT: Parks and Trails Department Monday Briefing: Consent Agenda:

DATE: July 23, 2013 No. Cb ,\

ITEM: Approval for the chairperson to sign Real Estate Multiple Listing Forms to facilitate marketing and selling Mason County Surplus Real Estate.

Background: Recently, Mason County contracted with the Richard Beckman Real Estate Group to market, advertise and propose for sale Mason County Surplus Real Estate. One of the first tasks is filling out multiple listing forms so the properties can be widely advertised .

Recommended Action: : Permission for the chair to sign multiple listing forms.

Attachments: Copy of MLS form .

CoverSheet-Real Estate Forms Beckman

MASON COUNTY PARKS AND TRAILS DEPARTM

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: John Keates Ext. 669

DEPARTMENT: Parks and Trails Department Monday Briefing: __ Consent Agenda:

DATE: July 16, 2013 No. )Z·-i,.

ITEM: Approval for the chair to sign a Deed of Right (Recreation) with the Washington State Recreation and Conservation Office (RCO) for the Sunset Bluff View Park Project.

Background: Mason County has successfully obtained grant funding to acquire property on Oakland Bay for public recreation and conservation purposes. The property is the Sunset Bluff View Park Park. Since the property is being acquired with public funding the Deed of Right between the County and the state ensures that a number of conditions will be upheld by Mason County in perpetuity. The issues include, but are not limited to, allowing public access to the property, allow the state to inspect the property, will use the property only for public recreation, and more.

Recommended Action: Approval for the Chair to sign the Deed of Right with the State of Washington.

Attachments: Copy of Deed of Right is with the Clerk of the Board.

CoverSheet-Deed of Right Sunset Bluff

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Rebecca Hersha Ext. 287

DEPARTMENT: Community Development Action Agenda

DATE: July 23, 2013 No. ~. ~ -

Item: Approval and authorization for the Commission Chair to execute a contract for professional services between Skilling's Connolly, Pacific Seafoods, and the Mason County Department of Community Development.

Background: In 2009, Aquaseed obtained shoreline permit approval to construct an upland freshwater finfish facility to raise coho in the Skokomish Valley, but the approval was conditioned so that the County was required to hire (at the expense of the applicant} a consulting firm to provide a detailed study of the floodplain. The purpose of the study is to determine whether or not the project will be within it and if it is, determine the potential impacts and mitigation necessary to protect water quality and native species in the Skokomish River watershed.

Mason County distributed a Request for Proposals and later selected the engineering firm Skillings Connolly to perform the required floodplain analysis. A Contract and Scope of Work was prepared by Skillings Connolly that outlines tasks and charges assigned to perform the required floodplain analysis.

Recently, Pacific Seafood has purchased the property and project from Aquaseed, however Pacific Seafood plans to construct (within the approved project parameters} and operate a Rainbow Trout farm. Although Mason County is named within the contract, the funds will transfer directly from Pacific Seafood to Skillings Connolly.

Recommended Action: Approval and authorization for the Commission Chair to execute a contract for professional services between Skillings Connolly, Pacific Seafood, and the Mason County Department of Community Development.

Attachments: Contract

Hearing Examiner Decision for Shoreline Permit

Cover Sheet ti BOCC Pac Seafoods Contract

local Agency

Standard Consultant

Agreement

IX] Architectural/Engineering Agreement D Personal Services Agreement

Agreement Number

11008

Federal Aid Number

Agreement Type {Choose one)

D lump Sum· Lump Sum Amount$

D Cost Plus Fixed Fee

Overhead Progress Payment Rate

Overhead Cost Method

D Actual Cost

D Actual Cost Not To Exceed

0Fixed Rate

Fixed Fee $

[SJ Specific Rates Of Pay

IX] Negotiated Hourly Rate

D Provisional Hourly Rate

D Cost Per Unit of Work

Index of Exhibits (Check all that apply): IX] Exhibit A-1 Scope of Work · 0Exhibit A-2 Task Order Agreement 0Exhibit B-1 DBE Utilization Certification IX] Exhibit C Electronic Exchange Data 0Exhibit D-1 Payment - Lump Sum 0Exhibit D-2 Payment - Cost Plus IX] Exhibit D-3 Payment - Hourly Rate 0Exhibit D-4 Payment- Provisional 0Exhibit E-1 Fee - Lump/Fixed/Unit 0Exhibit E-2 Fee -Specific Rates 0Exhibit "F" - Overhead Cost IX] Exhibit "G" -Subcontracted Work 0Exhibit G-1 Subconsultant Fee 0Exhibit G-2 Fee - Sub Specific Rates.

%

%

%

Consultant/ Address/Telephone

Skillings Connolly, Inc.

PO Box5080

5016 Lacey Blvd. SE

Lacey, WA 98509

Project Title and Work Description

Pacific Aquaculture Hatchery

DBE Participation

Oves IX] No %

Federal ID Number or Social Security Number

91-1212924

Do you require a 1099 for IRS? Completion Date

Oves IX] No

Total Amount Authorized $ 12,888.00

Management Reserve Fund $ --

Maximum Amount Payable $ 12,888.00

0Exhibit G-3 Sub Overhead Costs IX] Exhibit H Title VI Assurances IX] Exhibit I Payment Upon Termination of Agreement IX] Exhibit J Alleged Consultant Design Error Procedures IX] Exhibit K Consultant Claim Procedures 0Exhibit L Liability Insurance Increase IX] Exhibit M-la Consultant Certification IX] Exhibit M-lb Agency Official Certification IX] Exhibit M-2 Certification - Primary 0Exhibit M-3 Lobbying Certification 0Exhibit M-4 Data Certification IX]App. 31.910 Supplemental Signature Page

THIS AGREEMENT, made and entered into this day of 2013, between the Local Agency of Mason County, Washington and Pacific Aquaculture, Inc., hereinafter called the "AGENCY AND PACIFIC AQUACULTURE", and the above

organization hereinafter called the "CONSULTANT".

Skillings Connolly, Inc. Page 1of30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

June 28, 2013

IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY AND

PACIFIC AQUACULTURE. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date.

The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be

extended by the AGENCY AND PACIFIC AQUACULTURE in the event of a delay attributable to the AGENCY AND PACIFIC AQUACULTURE, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the

control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY AND PACIFIC AQUACULTURE is required to

extend the established completion time.

V Payment Provisions The CONSULTANT shall be paid by the PACIFIC AQUACULTURE, INC. for completed work and services rendered under this

AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.

A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY AND PACIFIC AQUACULTURE'S PROJECT Manager.

VI Sub-Contracting The AGENCY AND PACIFIC AQUACULTURE permits sub-contracts for those items of work as shown in Exhibit "G" attached hereto

and by this reference made part of this AGREEMENT.

Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued

by the AGENCY AND PACIFIC AQUACULTURE.

All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the Subconsultant shall be

substantiated in the same manner as outlined in Section V. All subcontracts shall contain all applicable provisions of this

AGREEMENT.

With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment

laws as set forth in RCW 39.04.250 and RCW 39.76.011.

The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY AND PACIFIC AQUACULTURE. No permission for sub-contracting shall create, between the AGENCY AND PACIFIC AQUACULTURE and sub-contractor, any contract or any other relationship. A DBE certified sub-consultant is required to perform a

minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY AND PACIFIC AQUACULTURE.

VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or

person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY AND PACIFIC AQUACULTURE shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY AND PACIFIC AQUACULTURE, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT.

Skillings Connolly, Inc. Page 3 of 30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

June 28, 2013

convenience of the AGENCY AND PACIFIC AQUACULTURE. In such an event, the CONSULTANT would be reimbursed for actual

costs in accordance with the termination for other than default clauses listed previously.

In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the

PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the

surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do

so by the AGENCY AND PACIFIC AQUACULTURE. This subsection shall not be a bar to renegotiation of the AGREEMENT between the

surviving members of the CONSULTANT and the AGENCY AND PACIFIC AQUACULTURE, if the AGENCY AND PACIFIC AQUACULTURE

so chooses.

In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT,

with the AGENCY AND PACIFIC AQUACULTURE'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set

forth in the second paragraph of this section.

Payment for any part of the work by the AGENCY AND PACIFIC AQUACULTURE shall not constitute a waiver by the AGENCY AND PACIFIC AQUACULTURE of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by

the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY AND PACIFIC AQUACULTURE. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to

any future act or omission by the CONSULTANT.

X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors

appearing therein, when required to do so by the AGENCY AND PACIFIC AQUACULTURE, without additional compensation thereof.

Should the AGENCY AND PACIFIC AQUACULTURE find it desirable for its own purposes to have previously satisfactorily completed

work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY AND PACIFIC

AQUACULTURE. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV.

XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT

and the AGENCY AND PACIFIC AQUACULTURE shall be referred for determination to the Director of Public Works or AGENCY AND

PACIFIC AQUACULTURE Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT;

provided, however, that if an action is brought challenging the Director of Public Works or AGENCY AND PACIFIC AQUACULTURE

Engineer's decision, that decision shall be subject to de nova judicial review. If the parties to this AGREEMENT mutually agree,

disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning

claims will be conducted under the procedures found in Exhibit "K".

XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under

this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,

situated in the county in which the AGENCY AND PACIFIC AQUACULTURE is located. The parties hereto agree that all questions shall

be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions

of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal

jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY AND PACIFIC

AQUACULTURE is located.

XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this

AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington.

The CONSULTANT shall indemnify and hold the AGENCY AND PACIFIC AQUACULTURE and the STATE and its officers and employees

harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in

part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein

shall require a CONSULTANT to indemnify the AGENCY AND PACIFIC AQUACULTURE or the STATE against and hold harmless the

AGENCY AND PACIFIC AQUACULTURE or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY

AND PACIFIC AQUACULTURE or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY AND

PACIFIC AQUACULTURE or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or

suits based upon such negligence (2) the costs to the AGENCY AND PACIFIC AQUACULTURE or the STATE of defending such claims

and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S

agents or employees.

Skillings Connolly, Inc. Page 5 of 30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

lt1no ?Q ?n1~

E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement.to this

AGREEMENT.

XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by

them.

XVI Federal and State Review The Federal Highway Administration and the Washington State Department ofTransportation shall have the right to participate in

the review or examination of the work in progress.

XVII Certification of the Consultant and the AGENCY AND PACIFIC AQUACULTURE Attached hereto as Exhibit "M-l(a and b)" are the Certifications of the CONSULTANT and the AGENCY AND PACIFIC AQUACULTURE, Exhibit "M-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit."M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4" Certificate of

Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and Exhibit "M-4" is required only in

AGREEMENTS over $500,000.

XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be

valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT.

XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original

having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does

hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.

In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box

on page one (1) of this AGREEMENT.

Skillings Connolly, Inc.

By~ Thomas E. 5-~gs, PE President

Skillings Connolly, Inc. Page 7 of 30

Mason County

By~~~~~~~~~~~~~~~~ Signing Authority

Pacific Aquaculture, Inc.

Signing Authority

Project No. 11008 Mason County

Pacific Aquaculture, Inc. Floodplain Analysis hinP ?8. ?OB

project tasks and approach, time lines, and expectations. The Firm will conduct an on-site visit of the Pacific Aquaculture property in the morning prior to this kickoff meeting. This is a necessary step to evaluate and analyze the cross-section data furnished by the Mason County Conservation District, identify the required level of supplemental survey, and establish friction coefficients appropriate for the new North Fork Skokomish channel and hatchery site, which cannot be done without the site visit. The kickoff meeting will be scheduled for the same day afternoon, in an effort to minimize costs.

Deliverable: Meeting notes will be generated by the Firm and delivered to all participants. The site visit and meeting will enable the Firm to determine an appropriate level of effort for the next order of work, Tasks 2. Following this meeting, a Final Scope of Work and Fee Estimate for Tasks 2 will be provided to Mason County along with a request for authorization to proceed with Task 2.

I Task 2 - Base Flood Elevation Determination

Assumptions: The Firm will determine whether any part of the project is within the floodplain. In making this determination, the Firm will consider the impacts of the 4{e) discharges of the Lake Cushman dam and the analysis prepared by the Department of Ecology {February 25, 2009 - Patricia Olson, Hydrogeologist).

Task Description:

Item 1- Survey- The Firm will utilize available floodplain channel cross-sections supplied by the Mason Conservation District, and supplemental survey data as necessary to provide new channel and floodplain geometry. The locations for supplemental cross-sections will be determined during the on­site visit referred to in Task 1 above and a review of the usability of the cross-sections furnished. At a minimum, additional surveyed cross-sections will be required up Purdy Creek from the Highway 101 bridge and at the project site to tie into the furnished cross-sections. Cross-sections and data points will be generated for use in the hydraulic model. Additionally several past high water marks will be surveyed to be utilized in calibrating the model.

Item 2 - Hydraulic Model - The Skokomish River has experienced significant aggradation over a period of many decades. The deposition of sediment has raised the water level resulting in significant flooding. While various surveys offloodplain topography and channel geometry have been conducted over the years and various hydraulic models have been developed to evaluate flooding, the channel may have changed sufficiently since the last one, warranting an updated hydraulic analysis.

Simons & Associates, a sub-consultant to the Firm, will develop an updated hydraulic model. They propose to utilize available floodplain Lidar topography data from the County supplemented by the aforementioned updated channel cross-sections to provide new channel and floodplain geometry to be used in developing an updated hydraulic model. This new model and supporting geometry will extend from the Highway 101 Bridge to a reasonable distance upstream of the confluence of the North and South Forks. This approach will allow updating the hydraulic analysis to current conditions without extending the analysis beyond what is necessary. Dr. Simons will attend the site visit and kickoff meeting with Skillings Connolly, Pacific Aquaculture, and Mason County in advance of the survey to evaluate the river, the cross-section data supplied by the Mason Conservation District, and determine supplemental data needed for this Task.

Skillings Connolly, Inc. Page 9 of 30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

l11nP ?g_ ?OB

Deliverable: Technical Memorandum detailing hazard of disease created by project and mitigation recommendations as necessary.

I Task 4 - Discharge Risk Analysis

Assumptions: If any part of the project is determined to be within the floodplain, the Firm will analyze whether flooding creates any risk of discharge of materials or fish from the sedimentation or rearing ponds. Additionally the Firm will analyze the potential "discharge of any contaminants from anywhere on the project site}} (Directly quoted from the Hearings Examiners Conclusions, however, more specific definition will be requested before finalizing the scope for this task). This Task will not be required if the proposed infrastructure is located entirely outside the 100-year floodplain.

Task Description:

Discharge Analysis - The Firm will evaluate the potential flooding and its effects on the project site starting with an analysis of Pacific Aquaculture site plan, design, operational descriptions, and proposed protection measures. The Firm will overlay the previously determined flood elevations onto the facility's site plan and identify any intersection offload waters and facility operations.

Deliverable: Technical Memorandum describing discharge risk analysis.

I Task 5 - Discharge Mitigation Measures

Assumptions: Per the Hearings Examiner Decision, if any of the project is subject to flooding, that discharge materials, fish, or other contaminants from anywhere on the project site, Pacific Aquaculture has the option of either having the Firm (1) determine necessary mitigation to prevent discharge materials, fish, or other contaminants; or (2) assess whether the discharge is materially adverse to endangered fish and other Skokomish environmental resources and then determine what mitigation is necessary to prevent any materially adverse impacts to endangered fish and other Skokomish River environmental resources (more specific definition ofwhat "materially adverse impacts" means will be requested prior to finalizing the scope for this task). This Task will not be required if the proposed infrastructure is located entirely outside the 100-year floodplain.

Task Description, Either Option 1 or Option 2:

Option 1: Mitigation to Prevent Discharge - The Firm will develop mitigation options and present these to Mason County and Pacific Aquaculture for consideration. One meeting is assumed under this task between the Firm, Mason County, and Pacific Aquaculture to discuss mitigation. Following this meeting, the Firm will finalize a technical memorandum detailing mitigation options.

Deliverable: Technical Memorandum of mitigation options for preventing discharge of materials, fish, or other contaminants.

Option 2: Determine Materially Adverse Discharge Status and Mitigation to Prevent Such Discharge -The Firm will assess whether the discharge is materially adverse to endangered fish and other Skokomish environmental resources. Once this initial step is complete, the Firm will develop mitigation

Skillings Connolly, Inc. Page 11of30 Project No. 11008 Mason County

Pacific Aquaculture, Inc. Floodplain Analysis ifinpJJ< Jn1'.:\

One meeting is assumed under this task between the Firm, Mason County, and Pacific Aquaculture to discuss the analysis. Following this meeting, the Firm will finalize a technical memorandum discussing recommendations.

Deliverable: Technical Memorandum of proposed structure and fill analysis and possible mitigation measures.

Skillings Connolly, Inc.

END SCOPE OF WORK

Page 13 of 30

Prepared by: ----------- Date Patrick Skillings, PMP, Project Manager

Reviewed by: ----------- Date Thomas E. Skillings, PE, President

Project No. 11008

Mason County

Pacific Aquaculture, Inc. Floodplain Analysis i.r,.....o ')Q '1n1'.l

Exhibit D-3 . Payment {Negotiated Hourly Rate)

The CONSULTANT shall be paid by PACIFIC AQUACULTURE, INC. (PACIFIC AQUACULTURE) for completed work

and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals

necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31.

1. Hourly Rates: The CONSULTANT shall be paid by the PACIFIC AQUACULTURE for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the

CONSULTANT or the PACIFIC AQUACULTURE. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the

AGREEMENT.

2. Direct Non-Salary Costs: Direct non-salary costs will be reimbursed to the CONSULTANT plus 10% markup. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges. Subconsultant fees will be reimbursed to the CONSULTANT. A 15% markup will be added to the cost of Geotechnical Subconsultants and a 10% markup will be added to the cost of all other Subconsultants.

a. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the PACIFIC AQUACULTURE. The CONSULTANT shall comply with the rules and regulations

regarding travel costs (excluding air, train, and rental car costs) in accordance with the PACIFIC AQUACULTURE'S Travel Rules and Procedures. However, air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 "Travel Costs."

b. The billing for direct non-salary costs shall include an itemized listing of the charges directly identifiable with the PROJECT.

c. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to PACIFIC AQUACULTURE upon request. All above charges must be necessary for the services provided under this AGREEMENT.

3. Management Reserve Fund: The PACIFIC AQUACULTURE may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work."

4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the PACIFIC AQUACULTURE

to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for

Skillings Connolly, Inc. Page 15 of 30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

11inc::i ?.R ?n1q

Exhibit E-2 Consultant Fee Determination - Man-Hours

{Specific Rates of Pay) Fee Schedule

PROJECT NAME:

11008 "C

MASON COUNTY ;;o 2

PACIFIC AQUACULTURE, INC. FLOODPLAIN ANALYSIS 0 "C )> ,... I

2 I

(') :c )> ,, Gl m

TASK# TASK DESCRIPTION

Attend a project kickoff meeting in Mason

2.1 County with Pacific Aquaculture, Inc. and

Mason County. Prepare and distribute

minutes. 4

Site visit to review project site plans in the field. Also to evaluate and analyze the cross-section data furnished by the Mason County

2.2 Conservation District, identify the required level of supplemental survey and establish friction coefficients appropriate for the new

North Fork Skokomish channel and Pacific Aquaculture, Inc. site. 4

Prepare a final scope of work and fee estimate

for Tasks 2 and 3 along with a request for 2.3 authorization to proceed with Tasks 2 and 3. 1

HOURS PER DISCIPLINE 10

Skillings Connolly, Inc. Page 17 of 30

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Project No. 11008

Mason County Pacific A_quaculture, Inc. Floodplain Analysis

Exhibit G Subcontracted Work

The AGENCY AND PACIFIC AQUACULTURE permits subcontracts for the following portions of the work of this

AGREEMENT:

• Simons and Associates - Hydraulics

Skillings Connolly, Inc. Page 19 of 30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non­

compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,

litigation with a Subconsultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY AND PACIFIC AQUACULTURE and the STATE enter into such litigation to protect the

interests of the AGENCY AND PACIFIC AQUACULTURE and the STATE and, in addition, the CONSULTANT

may request the United States enter into such litigation to protect the interests of the United States.

Skillings Connolly, Inc. Page 21of30 Project No. 11008 Mason County

Pacific Aquaculture, Inc. Floodplain Analysis li1nn ")Q '1f"\1':J'

Exhibit J

Alleged Consultant Design Error Procedures

The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the AGENCY AND PACIFIC AQUACULTURE believes it has suffered some material damage due to the alleged error by the consultant.

Step 1-Potential Consultant Design Error(s) is Identified by AGENCY AND PACIFIC AQUACULTURE's Project

Manager

At the first indication of potential consultant design error(s), the first step in the process is for the AGENCY AND PACIFIC AQUACULTURE's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.)

Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)

After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment.

Step 3 - Contact the Consultant Regarding the Alleged Design Error(s)

If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including Subconsultants) deemed appropriate for the alleged design error(s) issue.

Step 4 -Attempt to Resolve Alleged Design Error with Consultant

After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios:

" It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point.

" It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or AGENCY AND PACIFIC

AQUACULTURE

Skillings Connolly, Inc.

Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the AGENCY AND PACIFIC AQUACULTURE or the

Page 23 of 30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

Exhibit K Consultant Claim Procedures

The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less.

This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant.

Step 1-Consultant Files a Claim with the Agency Project Manager

If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager.

The consultant's claim must outline the following:

e Summation of hours by classification for each firm that is included in the claim;

• Any correspondence that directed the consultant to perform the additional work;

e Timeframe of the additional work that was outside of the project scope;

e Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and

e Explanation as to why the consultant believes the additional work was outside of the agreement scope of work.

Step 2 - Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation

After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will meet with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds.

If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action is needed regarding the claim procedures.

Skillings Connolly, Inc. Page 25 of 30 Project No. 11008

Mason County Pacific Aquaculture, Inc. Floodplain Analysis

Exhibit M-l{a) Certification Of Consultant

Project No.11008

Local Agency Mason County/Pacific Aquaculture, Inc.

I hereby certify that I am Thomas E. Skillings, President and am a duly authorized representative of the firm of

Skillings Connolly, Inc. whose address is 5016 Lacey Blvd. SE, Lacey, WA 98503 and that neither I nor the above firm I here represent has:

(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT;

(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or

(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);

I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department ofTransportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

Skillings Connolly, Inc. Page 27 of 30 Project No. 11008 Mason County

Pacific Aquaculture, Inc. Floodplain Analysis

June 28, 2013

Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters­

Primary Covered Transactions

I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

B. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation offederal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any ofthe offenses enumerated in paragraph (l)(B) of this certification; and

D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default.

II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Consultant (Firm): Skillings Connolly, Inc.

(} cJ Date

Skillings Connolly, Inc.

President

Page 29 of 30 Project No. 11008 Mason County

Pacific Aquaculture, Inc. Floodplain Analysis

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Becky Rogers Ext. 380

DEPARTMENT: Central Operations Consent Agenda __

DATE: July 16, 2013 No. s. y

ITEM: Approval of Veterans Assistance Fund applications for: Utilities $1025.06; Housing $550.00 for a total of $1,575.06.

Planning Commission: NIA

Background: The Veterans Assistance Fund Screening Committee meets with veterans to review applications at (1) Memorial Hall-210 W. Franklin, Shelton; Monday - Wednesday from 9 am - 4 pm and also at (2) North Mason Veterans Service Center - 140 NE State Route 300, Belfair; Mon, Tues, Thurs from 8:30 am-4:30 pm; Wed. 8:30 am- 6:30 pm. Listed are applications recommended for approval.

Recommended Action: Move to approve the Veterans Assistance Fund applications for: Utilities $1025.06; Housing $550.00 for a total of $1,575.06 as recommended by the Veterans Assistance Fund Screening Committee.

Attachments: Originals on file with Clerk of the Board.

I :\Zoren\CO - Approval of VAF Applications Form - 2013-07-23.docx

Key Bank - Veterans Assistance Fund Acct.# 0027377423

DATE DESCRIPTION VETERAN PAYMENT ISSUED OF CHECK NAME FOOD UTILITIES HOUSING BURIAL EMERGENCY DEBIT 1-l

07/24/2013 PUD#3 Kenneth Bopp 208.03 208.03 07/24/2013 PUD#3 Dennis A. Clark 120.93 120.93 07/24/2013 Shorecrest Beach Club Ernie E. Robinette 600.00 600.00 07/24/2013 PUD#1 David Sabin 96.10 96.10 07/24/2013 Jef Conklin Zachary Payne Vanluven 550.00 550.00

TOTALS 0.00 1,025.06 550.00 0.00 0.00 1,575.06

:NETCHK2013.xlsx 1of2 7/17/201 3

)

. __ /

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Becky Rogers Ext. 419

DEPARTMENT: Central Operations Consent Agenda _ _

DATE: 07-23-13 No. 8. ~

ITEM: Approval of Warrants

Claims Clearing Fund Salary Clearing Fund Direct Deposit Fund

Planning Commission: N/A

Warrant #s 222141-222525 Warrant #s 6739-6783 Deposit #s 47375-47759

$1,389,623.48 $ 285,348.22 $ 537,873.92

Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval . Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers .

Recommended Action : Claims Clearing Fund Salary Clearing Fund Direct Deposit Fund

Move to approve the following warrants : Warrant #s 222141-222525 $1,389,623.48 Warrant #s 6739-6783 $ 285,348.22 Deposit #s 47375-47759 $ 537,873.92

Attachments : Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board)

J:\BECKY\2013\Approval of Warrants Form.doc

MASON COUNTY

TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:

FROM: Casey Bingham Ext. 562

DEPARTMENT: Public Health Monday Briefing: _ -Action Agenda: _x__

DATE: 7/23/2013 No. i .v ITEM: Amendment #2: Interlocal Agreement Between Grays Harbor

County and Mason County for Community Transfomation Grant

Background : This is an Amendment to an existing contract that expired on 6/29/2013. The contract provides additional funding for:

-Continued support for bike/pedestrian plan implementation and Safe Routes to School Projects. -Participate in or provide training and technical assistance to support policy, environmental and systems changes to increase healthy eating, active living, and reduce tobacco exposure.

The amendment will add 3,606.00 to the existing contract for a total of $24,800.50 total.

Recommended Action: Approve Amendment #2:Interlocal Agreement Between Grays Harbor County and Mason County for Community Transformation Grant.

Attachments: Copy of contract on file with the Clerk.

BOCC Community Transformation Grant Briefing

AMENDMENT2

INTERLOCAL AGREEMENT Between

GRAYS HARBOR COUNTY AND MASON COUNTY For

COMMUNITY TRANSFORMATION GRANT

This amendment by and between GRAYS HARBOR COUNTY, hereinafter referred to as "GRAYS HARBOR", and MASON COUNTY, hereinafter referred to as "MASON", shall be effective as of the date that this amendment is fully executed.

AGREEMENT TERM: Through June 30, 2013.

WHEREAS, the Agreement is in effect through the Current Term as defined above; and

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows:

1. AGREEMENT TERM: This amendment extends the term of the agreement through September 29, 2013.

2. COMPENSATION The total amount of compensation available under this agreement is increased as follows:

Funding Current Total Program Name CFDA End Date Consideration Change Consideration

FFYll Colon Cancer Screening 93.283 6/29/12 $5,000.00 $0 $5,000.00

FFY12 CDC Tobacco Prevention Yr 4 HCP 93.283 6/29/13 $14,527.00 $0 $14,527.00

FFY 12 CDC Comp Cancer Yr 1 HCP 93.283 6/29/13 $1,667.50 $0 $1,667.50

FY 12 Preventive Health Block Grant 93.991 9/29/13 $0 $3,606.00 $3,606.00

TOTALS $21,194.50 $3,606.00 $24,800.50

3. ACTIVITIES The additional funding is to support the following activities, which will be undertaken by MASON in addition to those agreed upon in the original Agreement and as previously amended:

a. Continue to support bike/pedestrian plan implementation and Safe Routes to School projects. b. Participate in or provide training and technical assistance to support policy, environmental and

systems changes to increase healthy eating, active Jiving, and reduce tobacco exposure.

4. DELIVERABLES The following deliverables will be completed by MASON in addition to those agreed upon in the original Agreement:

a. Include a description of activities and/or training supported with additional funds in monthly report.

1

5. ENTIRE AGREEMENT. Except as expressly modified by this Amendment, the contract shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations to the parties. This Amendment and the contract (including any written amendments thereto), collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto.

IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed by their authorized representatives.

Board of County Commissioners Mason County, Washington

Randy Neatherlin, Chair

Tim Sheldon, Commissioner

Terri Jeffreys, Commissioner

ATIEST:

Clerk of the Board

Board of County Commissioners Grays Harbor County, Washington

Herb Welch, Chair

Wes Cormier, Commissioner

Frank Gordon, Commissioner

ATIEST:

Clerk of the Board

2

Grays Harbor County

Public Health and Social Services Department

CONTRACT AMENDMENT: 2

Beginning: 7/1/2012 Ending: 9/30/2013

Agency: Mason County County Representative: Joan Brewster

Program/Service: Collaborate as a Healthy Communities region for the purposes of carrying out the work funded by the Community Transformation Grant (CTG). Grays Harbor has been designated as the contracted "lead agency" for the region and its work. This amendment provides additional funding to carry out the priority health improvement initiatives associated with the CTG.

Amount of Amendment: $3.606.00 ~FDA Number: 93.991

All other terms and conditions shall remain unchanged.

AGENCY BOARD OF COMMISSIONERS GRAYS HARBOR COUNTY

Chairman

Commissioner

Commissioner