Regular Public Meeting Agenda 07/11/23

Arne Mortensen, Commissioner District 1

Dennis Weber, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Kelly Dombrowsky, Clerk of the Board

Regular Public Meeting

Ju ly 11 , 202 3 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Minutes of June 26-28, 2023, and July 5, 2023

 Consent Agenda of July 11, 2023

 Call for Hearings

 Call for Bids

 Motion Items

 Public Hearings 9:45 a.m. & 10:00 a.m.

 Public Comments

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Call for Hearings

1. Call for Public Hearing to consider the request for a 10 year Non-Exclusive Telecommunications Franchise from Sprint Communications Company, LP to use County Rights-of-Way scheduled for August 1, 2023 at 9:45 a.m.

Call for Bids

2. Call for Bids for the Headquarters Landfill Transportation of Rock Materials scheduled for August 1, 2023.

Regular Public Meeting

July 11, 2023, 9:00 a.m.

Agreements/Contracts/Bid Awards

3. Completion Letter to Hilander Painting LLC for the Exterior Paint of the Boat House (Training Center). The total cost is $8493.70 including Washington State Sales Tax.

4. Amendment to extend the date of the original contract from Columbia County to house juveniles from their counties in the Cowlitz Co. Juvenile Detention Facility.

5. Completion Letter to Battery Power Solutions LLC for the UPS Battery Replacement, Project No. 2023-0009-01, at the Hall of Justice. The total cost is $30,611.74 including Washington State tax.

6. Contract with Specialized Pavement Markings for the 2023 Joint Agency Striping project. The total amount is $884,032.00.

7. Amendment No. 5 to the Personal Services Agreement with Epic Land Services, Inc. for consulting services to cover the Right of Way phase of the Erick Creek Culvert Replacement project. The amount will increase by $15,000 for a total of $245,000.

8. Agreement with ArcGIS Software and Services from Environmental Systems Research Institute, Inc. (ESRI) for presentation, analysis, and printing, as well as enterprise server-based software for deploying web maps and applications. The total amount is $203,741.68.

9. Amendment No. 1 to the professional services agreement with Windsor Engineers for the design of a Cast-in-Place concrete tank. This will increase the amount of the agreement by $8,800 for a total of $88,500.

10. Perpetual Right of Way and Utility Easement for County Road for 6,647 square feet of real property to accommodate the slide repair work on Cathlamet Road.

Resolution

11. Rescinding Resolution No. 22-060 and continuing relationships with the Washington Counties Risk Pool and the related appointments and designations of/for each member county.

Board Correspondence

12. Letters/Notices

a. Letter dated June 29, 2023, from Victoria Blosl announcing her resignation as the Cowlitz County Risk & Safety Manager.

b. Federal Energy Regulatory Commissioner (FERC) Notice dated 6/14/2023 regarding Weir B Flow Event Incident Report, Swift No. 2 Hydroelectric Project

c. Letter dated July 11, 2023, to Darcy Mitchem reappointing her to the Parks & Recreation Advisory Board. This is a 6-year term that expires December 31, 2029.

d. Letter dated July 11, 2023, to James Wasik appointing him to the Silverlake Watershed Advisory Council. This is a 4-year term that expires January 31, 2027.

Regular Public Meeting

July 11, 2023, 9:00 a.m. Vouchers

The following vouchers/warrants are approved for payment:

Motion Items

Public Works

13. Amendment No. 1 to the professional services agreement with Gibbs & Olson to provide alternatives to replace the current Woodbrook Wastewater Treatment Plant. This will increase the agreement by $101,400.00 for a total amount of $340,400.00.

14. Local Agency Agreement and Project Prospectus with the Washington State Department of Transportation for reimbursement of the temporary and permanent repairs of the Cathlamet Road slide. The total cost of the project is approximately $875,000 and the County will be reimbursed 86.5% for the permanent repairs and 100% for the temporary repairs.

Regular Public Meeting

July 11, 2023, 9:00 a.m.

Public Hearings

Building & Planning

15. 9:45 a.m. Adopt the County Code 18.56 Campground and Recreation Facilities

Health & Human Services

16. 10:00 a.m. Adopt the County Code 15.45 General Sanitation Requirements for Cowlitz County Campgrounds

Updates

Excellence In Service Nominations - Due July 28, 2023, at 5:00 p.m.

Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040

RCW 42.30.040 - Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.

 Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas Regular-Public-Meetings

 ZOOM Invitation Address (for all meeting days):

o https://us06web.zoom.us/j/82019613917

 KLTV Live Feed Address: http://www.kltv.org

AS-12903

BOCCAgenda

MeetingDate: 07/11/2023

RESOLUTION:ORDERFIXINGDATEOFHEARING-SprintCommunicationsCompany,LP-10Year Non-ExclusiveTelecommunicationsFranchise

SubmittedFor: SusanEugenis,PublicWorks

SubmittedBy: CarolSides,PublicWorks Department: PublicWorks

Information

SubjectandSummaryStatement

Attachedisaresolutioncallingforapublichearingtoconsidertherequestfora10yearNon-Exclusive TelecommunicationsFranchisefromSprintCommunicationsCompany,LPtouseCounty Rights-of-WayforthepurposeofprovidingTelecommunicationsServices.

WillStaffAttend-NAMEOFSTAFForNo

Yes

DepartmentRecommendation

ItistherecommendationoftheDepartmentofPublicWorksthattheBoardmovetoadoptthe resolution,setahearingdateandpublishtheNoticeinaccordancewithRCW36.55andCowlitz CountyOrdinanceNo.5378.

Attachments

Notice OrderFixingDateofHearing OrderGrantingFranchise VicinityMap

FormReview Inbox

PatrickHarbison

PatrickHarbison

PatrickHarbison PatrickHarbison

FormStartedBy:CarolSides

NOTICE IS HEREBY GIVEN that on the 1st day of August, 2023, at the hour of 9:45 o'clock a.m.,a public hearing will be held before the Board of County Commissioners of Cowlitz County, Washington, in the Chambers of the Board in the County Administration Building, third floor, 207 Fourth Avenue North, Kelso, Washington, for the purpose of determining whether or not to approve a ten (10) year franchise between Sprint Communications L.P., and Cowlitz County, Washington. The franchise would allow Sprint Communications L.P., a limited liability company and subsidiary of Sprint Communications L.P. doing business in Cowlitz County, state of Washington, a non-exclusive franchise to use certain roads, streets, avenues, highways, alleys, rights-of-way and other county properties for the construction, operation, and maintenance of telecommunication facilities over, in, along, across, and under certain County Public Roads and Highways in Cowlitz County Washington, for the purpose of underground telecommunications:

Complete copies of the proposed franchise agreement are availab le at the office of the Board of County Commissioners, Third Floor, County Administration Building, 207 Fourth Avenue North, Kelso, WA, 98626, or the Department of Public Works, 1600 – 13th Avenue South, Kelso, WA, 98626.

Any person may appear to present testimony against or in favor of the proposed ordinance at the date and time given above. The County Administration Building is accessible for persons with disabilities.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

POSTING AND PUBLICATION REQUIREMENTS: To be posted in three public places in the county seat at least 15 days prior to hearing and published two times, the last being not less than (5) days prior to hearing.

BILLING INFORMATION:

AFFIDAVIT TO:

BILL TO:

Cowlitz County Commissioners Sprint Communications Company, L.P.

ATTN: Clerk of the Board

207 Fourth Avenue North

Kelso, WA 98626

c/o Cogent Communications, Inc.

Attn: Billing

2450 N Street, NW, 4 th Floor Washington, DC 20037

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of the Application of: Sprint ) Communications Company L.P. seeing a franchise ) RESOLUTION NO. _____________ To operate and maintain telecommunication ) Facilities on County Rights-of-Way; setting forth ) Conditions accompanying a grant of a Non-Exclusive ) ORDER FIXING DATE OF HEARING Franchise; and providing for County Administration ) And Regulation of Said Franchise )

WHEREAS an application has been filed in the office of the Board of County Commissioners of Cowlitz County Washington by Sprint Communications Company L.P doing business in Cowlitz County, state of Washington, for a non-exclusive franchise for a period of ten (10) years to use certain roads, streets, avenues, highways, alleys, rights-of-way and other county properties for the construction, operation, and maintenance of telecommunication facilities and appurtenances over, in, along, across, and under certain County Public Roads and Highways in Cowlitz County Washington; and

WHEREAS RCW 36.55 requires that a public hearing be held on said application;

NOW, THEREFORE, IT IS RESOLVED that a public hearing will be held on the ____ day of , 2023, at the hour of __:00 o'clock a.m., in the chambers of the Board, third floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington, to hear all concerned in the matter of the proposed application for a Franchise for a non -exclusive franchise to use certain roads, streets, avenues, highways, alleys, rights -of-way and other county properties for the use certain roads, streets, avenues, highways, alleys, rights -of-way and other county properties for the construction, operation, and mai ntenance of telecommunication facilities and appurtenances over, in, along, across, and under certain County Public Roads and Highways in Cowlitz County Washington; and

BE IT FURTHER RESOLVED that posting and publication notice be given not less than (15 ) days prior to the public hearing as required by law.

DATED this 11th day of July, 2023.

ATTEST:

Kelly Dombrowsky

Clerk of the Board

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of a Non-Exclusive Franchise to ) RESOLUTION NO. _____________ Sprint Communications Company L.P. , to construct ) operate and Maintain Telecommunications Facilities ) on County Rights-of-Way; setting forth conditions ) ORDER GRANTING A Accompanying a grant of a Non -Exclusive Franchise ; ) NON -EXCLUSIVE And providing for County administration and ) TELECOMMUNICATIONS FRANCHISE Regulation of said Franchise. )

WHEREAS, an application of Sprint Communications Company L. P. , a corporation of the State of Delaware for a non -exclusive franchise to use certain roads, streets, avenues, highways, alleys, rights-of-way and other county properties for the installation, construction, erection, repair, maintenance , operation, relocation and removal of such “Telecommunications Facilities,” which may include all cables, wires, conduits, ducts, pedestals , vaults/hand holes, and any associated converter, equipment or other facilities within the County Rights-of-Way, for the purpose of providing Telecommunications Service s and other services utilizing said Telecommunications Facilities; and

WHEREAS, chapter 36.55 RCW and Cowlitz County Code (CCC) chapters 12.21, 12.26, 12.55, 16.15, and 16.31, and including County Road and Street Design Standards and Accommodation of Utilities in County Road Right of Way, address the regulatory requirements for review and granting of franchises by the County; and

WHEREAS, said application has come on regularly for hearing before the Board of County Commissioners of Cowlitz County, Washington on the ______ day of _____ 2023, at the hour of ______ o'clock, and notice of this hearing having been duly published on the ____ day of ________, 20 23, and the ____, day of _______, 2023, in the official newspaper of Cowlitz, County, Washington;

NOW, THEREFORE, BE IT ORDERED by the Board of County Commissioners of Cowlitz County, Washington, that a franchise be and the same is hereby given and granted to Sprint Communications Company L. P. upon the following expressed terms and conditions, to -wit:

SECTION I. FRANCHISE

1.1 Definitions. Terms as used throughout this Franchise shall have the same meanings and intent as set forth in Cowlitz County Code (“CCC”) chapters 12.21, 12.26, 12.55, 16.15, and 16.31, and including County Road and Street Design Standards and Accommodation of Utilities in County Road Right of Way . Words used in this Franchise whose meanings and intent cannot be drawn from the above -noted County legislation shall be given their common and ordinary meaning.

1.2 Grant of Franchise. Cowlitz County, a Washington municipal corporation and subdivision of the State (hereinafter "County") hereby grants Sprint Communications Company L.P., (hereinafter "Grantee"), a non-exclusive Franchise for the construction, operation, and maintenance of Telecommunications Facilities within the Rights-of-Way of unincorporated Cowlitz County. The following conditions shall apply to the Franchise granted herein:

A. The Franchise granted shall not convey any right, title or interest in the Rights -of -Way but shall be deemed a Franchise only to use and occupy the Rights -of-Way for the limited purposes and term stated herein. The Franchise shall not convey any right, title, or interest in Rights-of -Way that the County has an interest in only through agreement and does not possess an easement in the right -of-way.

B. The Franchise granted shall not authorize or excuse Grantee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use the Rights-of -Way.

C. The Franchise granted shall not be construed as any warranty of title or interest in any Right-of -Way; it does not provide the Grantee with any interest in any particular location within the Right-of-Way; and it does not confer rights other than as expre ssly provided in the grant hereof.

D. No act, event, occurrence or thing shall give Grantee any rights to occupy or use the Rights-of -Way permanently nor shall operate as an estoppel against the County.

E. This Franchise is granted subject to the terms and conditions contained in CCC chapters 12.21, 12.26, 12.55, 16.15, and 16.31, and including County Road and Street Design Standards and Accommodation of Utilities in County Road Right of Way , hereinafter "Regulations," as they are now written or as later amended, which shall apply in addition to the provisions of this Franchise. Provisions of the Regulations shall control over inconsistent terms contained in this Franchise; provided, however, that Section 3.1 of this Fr anchise, "Release, Indemnity and Hold Harmless," shall control for this Franchise over inconsistent provisions of the Regulations as they are currently adopted. When in conflict with the terms of the Regulations, the express terms of this Franchise will control.

F. The matters contained in Grantee's franchise application and all subsequent applications or proposals for extensions or renewals of this Franchise, except as inconsistent with law, regulations or local polices, are hereby incorporated by referen ce.

G. Should Grantee make its Telecommunications Services available to residential customers, Grantee shall make its Telecommunications Services available to any customer within its Franchise territory who shall request such service, subject to the availa bility of facilities and

the ability of the customer to pay for the Telecommunications Services. Telecommunications Services shall be provided without discrimination, except as permitted by law, as to the terms, conditions, rates or charges for Grantee's T elecommunications Services.

H. Grantee shall comply with all applicable service quality and continuity requirements of state and federal law, including regulatory requirements of the WUTC, which are applicable to Grantee and its Telecommunications Services .

I. This grant of authority is for the installation, maintenance and operation of Grantee’s Telecommunications Facilities in, upon, over, under, along and across Rights -of-Way in the Franchise territory for purposes of Telecommunications Service and shall be limited solely to those services expressly described and no others. “Telecommunications Service” shall mean any telecommunications service, telecommunications capacity, or dark fiber, provided by the Grantee using its Facilities, either directly or as a carrier for its affiliates, or any other person engaged in Telecommunications Services, including, but not limited to, the transmission of voice, data or other electronic information, facsimile reproduction, burglar alarm monitoring, meter reading and home shopping, or other subsequently developed technology that carries a signal over fiber optic cable. Telecommunications Service shall also include non -switched, dedicated and private line, high-capacity fiber optic transmission services to firms, businesses or institutions within the County and other lawful services not prohibited by this Resolution . However, Telecommunications Service shall not include the provision of “cable services”, as defined by 47 U.S.C. §522, as amended, for which a separate franchise would be required. In the event of any ambiguity, this Franchise agreement shall be strictly construed as to the rights granted herein.

1.3 Term of Franchise. The term of this non -exclusive Franchise shall be ten (10) years (“Initial Term”)

1.4 Non-Exclusive Franchise . The Franchise granted herein shall be non -exclusive. The County specifically reserves the right to grant, at any time, such rights, permits, l icenses and/or franchises to other Persons to use the Rights -of-Way for similar or different purposes allowed hereunder as the County deems appropriate. Subject to this Franchise, Grantee shall not prevent or prohibit the County from constructing, altering , maintaining, or using any of said Rights-ofWay, or affect its jurisdiction over them or any part of them, the County having full power and authority to make all necessary changes, relocation, repairs, or maintenance of said Rights -ofWay as the County deems appropriate.

1.5 Renewal Determinations . Within 120 business days after receiving a complete application for renewal, the Board shall present the franchise request at public hearing for a determination on behalf of the County granting or denying th e renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for nonrenewal.

1.6 Obligation to Cure as a Condition of Renewal . This Franchise shall not be renewed until any ongoing violations or defaults in Grantee's performance of this Franchise, of the requirements of the Regulations, and all other applicable laws, statutes, codes, regulations, policies, rules, and regulations have been cured, or a plan detailing the corrective action to be

taken by Grantee has been approved by the Administrator. Failure to comply with the terms of an approved plan shall be grounds for non -renewal or immediate revocation of this Franchise.

1.7 Franchise Territory. The Franchise territory shall be that territory set out in Exhibit A attached hereto and made a part hereof. The Franchise granted herein does not give or grant to Grantee the right, privilege or authority to install Telecommunications Facilities at any o ther location in the County.

1.8 Amendment of Franchise for Territory Changes. Should Grantee not be able to install Telecommunications Facilities along the Franchise territory, Grantee shall request from the County, in writing, a deviation from the terri tory set out in Exhibit A. If Grantee desires to extend or locate its Telecommunications Facilities in Rights -of -Way which are not included in this Franchise, Grantee shall apply in writing for an amendment to the Franchise. If the County orders Grantee to locate or relocate its Telecommunications Faci lities in Rights-of-Way not included in this Franchise, the County shall grant a Fr anchise amendment for the territory change without further application.

1.9 Right to Require Removal of Property. At the expiration of this Franchise, and if Grantee has not obtained a new Franchise from the County, the County shall have the right to require Grantee to remove all or any part of Grantee's Telecommunications Facilities under this Franchise from the Rights -of-Way and restore the affected area, all at Grantee's expense . For purposes of this Franchise, “restore” shall mean to remove all Franchise improvements and return the affected area to its original or better condition . Removal and restoration shall be to the satisfaction of the County Engineer. If Grantee fails to do so, the County may perform the work or cause it to be done and collect the cost thereof from Grantee. The actual cost thereof , including direct and indirect administrative costs, shall be a lien upon all property of Grantee effective upon filing of the lien with the Cowlitz County Auditor.

SECTION 2. OPERATION IN RIGHTS-OF-WAY

2.1 Construction or Alteration.

A. Telecommunications Facilities shall be constructed, operated and mai ntained in accordance with this Franchise and all applicable Federal, State and County codes, rules and regulations, including, but not limited to the Regulations. Grantee shall comply with all lawful County policies, resolutions and regulations regarding the acquisition of permits and/or such other items as may be required in order to construct, operate, and maintain its Telecommunications Facilities. Grantee shall pay to the County all reasonable costs of granting or enforcing the provisions of this Franchise including, but not limited to, County fees related to the issuance of utility permits.

B. Grantee shall not construct, maintain, repair, relocate or remove its Telecommunications Facilities within the Rights -of- Way without obtaining a utility permit. Applications for utility permits to construct Grantee's Telecommunications Facilities shall be in compliance with the provisions of the Regulations.

C. Within limits reasonably related to the County's role in protecting public health, safety and welfar e, the County may require that Telecommunication Facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Right -of Way; may deny access if Grantee is not willing to comply with Cou nty's requirements; and may remove, or require removal of, any facility that is not installed in compliance with the requirements established by the County, and may require Grantee to cooperate with others to minimize adverse impacts on the Rights-of -Way through joint trenching and other arrangements.

2.2 Non-Interference. In installing, constructing, operating, repairing, and maintaining its Telecommunications Facilities, Grantee shall not interfere with the use of the Rights-of-Way by the County, by the general public or other Persons authorized to use or be present in or upon the Rights-of -Way. Work in the Right -of-Way, on other public property, near public property, or on or near private property shall be done in a manner that causes the least interfere nce with the rights and reasonable convenience of property owners and residents. Grantee's Telecommunication Facilities shall be constructed and maintained in such manner as not to interfere with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the Rights -of -Way by, or under, the County's authority. In the event of such interference, the County may require the removal or relocation of Grantee's Telecommunication Facilities from the property in question at Grantee's expense.

2.3 Construction Schedule and Notice of Work. Unless otherwise provided herein, Grantee or any Person acting on Grantee's behalf shall comply with the notice provisions set out in this Franchise and the Regulations.

2.4 Traffic Control. Grantee shall comply with the traffic control provisions set out in the Regulations.

2.5 Relocation or Removal of Telecommunications Facilities . In the relocation or removal of Grantee's Telecommunications Facilities, Grantee shall comply with the R egulations and directives of the Department of Public Works (hereinafter “Department”) , by and through the County Engineer

2.6 Consistency with Designated Use. Notwithstanding this Franchise to use County Rights-of -Way, no Right-of-Way shall be used by Grantee if the County determines that such use is inconsistent with the terms, conditions or provisions by which such Right -of-Way was created or dedicated, or pr esently used under State and local laws.

2.7 Restoration of Rights-of-Way. Grantee shall comply with the restoration of Rights -ofWay conditions set out in this Franchise and Regulations and directives of the Department.

2.8 Restoration of Improvements. Upon completion of any construction work, Grantee shall make restoration in accordance with this Franchise and Regulations and directives of the Department .

2.9 Rights-of -Way and Other Public Property. Grantee shall warrant any restoration work performed by or for Grantee in the Right -of-Way or on other public property for one (1) year. If restoration is not satisfactorily performed by the Grantee within a reasonable time, the County may, after 48 hours prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from the Grantee. Within 30 days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, Grantee shall pay the County.

2.10 Telecommunications Facilities Maps. Grantee shall provide the County with Telecommunications Facilities maps in accordance with this Franchise and Regulations and requests of the Department.

2.11 As-Built Drawings . If an Engineer's Certification is requested and required in furtherance of the Regulations, then Grantee shall provide as -built drawings in accordance with the requests of the Department .

2.12 Administration Fees . In consideration of the privileges granted by this Franchise, and in addition to applicable permitting and franchising fees and costs for issuance of this Franchise, Grantee shall pay to Cowlitz County its franchise -administration fees and costs as the County may from time to time incur during the term of this Franchise. Grantee shall pay such fees and costs as specified in the billings of the Department, upon not more than thirty (30) days after mailing of billing.

2.13 Damage to Grantee's Telecommunications Facilities. To the extent permitted by Washington law, the County shall not be liable for any damage to or loss of any of Grantee's Telecommunications Facilities or any interruption in Telecommunications Services within t he Rights-of -Way as a result of or in connection with any emergency removal or relocation, public works, public improvements, construction, excavation, grading, filling, or work of any kind in the Rights-of -Way by or on behalf of the County or any Person u nder contract with the County, except for damage caused by the negligence or willful misconduct of the County, including, but not limited to, damages, losses, or liability arising from the issuance or approval by the County of a permit, license or franchis e to any third party.

2.14 Location of Telecommunications Facilities. All Telecommunications Facilities shall be constructed, installed, and located in accordance with this Franchise and Regulations and directives of the Department. Consistent with any ge neral County undergrounding policy or program now or hereafter developed, the County may require Grantee's participation in Countyimposed undergrounding or related requirements at Grantee's expense. Grantee agrees to coordinate its underground installation and planning activities with the County's underground plan and policies.

A. County expressly reserves the right to prescribe how and where any overhead facilities, including poles, lines and wires, and attachments or co-locations thereto, shall be installed and may from time to time, upon reasonable notice, require the removal and replacement thereof in the public interest and consistent with this S ECTION 2.

B. Grantee, with written authorization fr om the County to install overhead facilities , shall install its telecommunications facilities on pole attachments to existing utility poles only, if surplus space is available, and subject to any separate, existing or future County franchising of such utility poles. If installation to existing utility poles is not feasible, installation of new poles may be approved by the County Engineer on a case -by-case basis, subject to other franchising .

2.15 Hazardous Substances.

A. Grantee shall comply with any and all applicable laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's Telecommunications Facilities in the Rights-of -Way.

B. Grantee agrees to indemnify the County against any claim s, costs, and expenses, of any kind, whether direct or indirect, incurred by the County arising out of a release of hazardous substances caused by Grantee's Telecommunications Facilities.

2.16 Notice to Private Property Owners. Grantee shall give notice t o private property owners of work on or adjacent to private property.

2.17 County Use of Trenching. The Grantee and the County recognize that situations may occur in the future where the County may desire to place its own cable or conduit in trenches or bores opened by the Grantee. The Grantee agrees to cooperate with the County in any construction by the Grantee that involves trenching or boring, provided that the County has first notified the Grantee in some manner that it is interested in sharing the trenches or bores in the area where the Grantee's construction is occurring. The Grantee shall allow the County to lay its cable or conduit in the Grantee's trenches and bores, provided the County shares in the cost of the trenching and boring on the same terms and conditions as the Grantee at that time shares the total cost of trenches and bores. The County shall be responsible for maintaining its respective cable or conduit buried in the Grantee's trenches and bores under this paragraph.

2.18 Movement of Telecommunication Facilities for Other Franchise Holders. If any removal, replacement, modification, or disconnection of the Telecommunication System is required to accommodate the construction, operation or repair of the facilities or equipment of another County franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity.

2.19 Work of Contractors and Subcontractors . Grantee's contractors and sub contractors shall be licensed and bonded in accordance with state law. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work were performed by Grantee. Grantee shall be responsible for all wo rk performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise and other applicable law and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contr actors, subcontractors, or other

persons performing work on Grantee's behalf are familiar with the requirements of this Franchise and other applicable laws governing the work performed by them.

2.20 Inspection of Construction and Facilities. The County may inspect any of Grantee's facilities, equipment or construction at any time upon at least twenty -four (24) hours ’ notice, or, in case of emergency, upon demand without prior notice. The County shall have the right to charge generally applicable inspection fees therefor. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law, may order Grantee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the County establishes. The County has the right to correct, inspect, administer and repair the unsafe condition if Grantee fails to do so, and to charge Grantee therefor.

2.21 Stop Work.

A. On notice from the County that a ny work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the County, or in violation of the terms of any applicable permit, laws, regulations, policies or standards, the work may immediat ely be stopped by the County.

B. The stop work order shall:

(1) Be in writing;

(2) Be given to the Person doing the work, or posted on the work site;

(3) Be sent to Grantee by overnight delivery at the address given herein;

(4) Indicate the nature of the alleged violation or unsafe condition; and

(5) Establish conditions under which work may be resumed.

SECTION 3. FINANCIAL PROVISIONS

3.1 Financial Security. County may require financial security to insure completion of construction before any construction work is started by Grantee. After consideration of the type of project planned by Grantee, the Permit issued by the County before construction starts, may require a bond. Financial security is not being r equired as part of this franchise.

3.2 Release, Indemnity and Hold Harmless.

A. In addition to and distinct from the insurance requirements of this Franchise , Grantee releases and shall defend, indemnify and hold harmless the County, its elected and appointed officers, officials, employees, agents, and representatives (collectively referred to as the "Indemnitees") from any and all third party claims, losses, costs, liabilities, damages and expenses, including, but not limited to, those of Grantee's lessees, (except those damages caused by the negligence or willful misconduct of the Indemnitees), and also including, but not limited to, reasonable attorneys' fees: 1) arising out of or in connection with Grantee's negligence, willful misconduct, or acts or omissions during the installation of any Telecommunications Facilities, the performance of any work, the operation of any Telecommunications Facilities or Grantee's system; and 2) arising out of or in connection with the negligence, willful misconduct, or acts or omissions of Grantee or any of its suppliers or contractors of any tier, or anyone acting on

Grantee's behalf in connection with said installation of Telecommunic ations Facilities, performance of work, or operation of Telecommunications Facilities or Grantee's system.

B. Such indemnity, protection and hold harmless shall include any demand, claim, suit or judgment for damages to property or injury to or death o f Persons, including officers, agents, and employees of any Person including payment made under or in connection with any Worker's Compensation Law or under any plan for employees' disability and death benefits, which may arise out of or be caused or contr ibuted to directly or indirectly by the erection, maintenance, presence, operation, use or removal of Grantee's Telecommunications Facilities or installations of Telecommunications Facilities including any claims or demands of customers of Grantee with respect thereto.

C. Indemnitees shall not be liable to Grantee or to Grantee's customers, and Grantee hereby indemnifies, protects, and saves harmless the Indemnitees against any and all such claims or demands, suit or judgment for loss, liability, damages an d expense by Grantee's customers, or for any interruption to the service of Grantee, or for interference with the operation of the Telecommunications Facilities.

D. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless provisions shall apply to and be for the benefit of the Indemnitees.

E. Inspection or acceptance by the County of any work performed by Grantee shall not be grounds for avoidance by Grantee of any of its obligations under this Section. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation.

F. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Grantee and the County, Grantee's liability hereunder shall be only to the extent of Grantee's negligence. It is further specifically understood that the indemnification provision provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.

G. The provisions of Section 3.2 shall survive the expiration or termination of this Franchise. Further, all provisions of Section 3.2 shall apply to the successors and assigns of Grantee.

H. Procedures and Defense. If a claim or action arises, the County or any other indemnified party shall timely notify Grantee thereof , County or any other indemnified party shall tender defense thereof to Grantee, and Grantee shall have the right and duty, at its sole cost and expense, to defend, settle and compromise such claim or demand arising hereunder. The County may participate in the defense of a claim and, in any event, the Grantee may not agree to any settlement of claims financially affecting the County or affecting the County’s statutory obligations on county roads without the County's written ap proval, which shall not be unreasonably withheld.

I. Duty of Defense. The fact that the Grantee carries out any activities under this Franchise though independent contractors shall not constitute an avoidance of or defense to the Grantee's duty of defense and indemnification under this Section.

3.3 Insurance. As a condition of this Franchise, Grantee shall secure , furnish and maintain the following insurance policies:

A. Umbrella Liability Insurance. Grantee shall maintain umbrella liability insurance coverage, in an occurrence form, over underlying commercial general liability and business automobile liability. On or before the date this Franchise is fully executed by the parties, Grantee via email shall provide the County with a certificate of insurance as proof of umbrella coverage with a minimum liability limit of Five Million Dollars ($5,000,000). The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and authorized to conduct business in the State of Washington. Cowlitz County needs to be included as "Primary, Noncontributory Additionally Insured , with respects to Grantee operations and claims arising out of the negligent acts or willful misconduct of Grantees actions , or acts or omissions during the installation of any Telecommunications Facilities, the performance of any work, or the operation of any Telecommunications Facilities or Grantee's system .”

B. Commercial General Liability (CGL) insurance with respect to Grantee activities on the Property, such insurance to afford protection of up to One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate Grantee CGL insurance shall contain a provision including the County as an additional insured.

C. Business Automobile Liability insurance for owned, non -owned and hired vehicles with a combined single limit of not less than two million dollars ($2,000,000) per accident.

D. Workers' Compensation insurance as required by Title 51 RCW and Employer's Liability Coverage with a limit of not less than one million dollars ($1,000,000).

E. The insurance policies and coverages required by Section 3.3 shall be maintained at all times by Grantee. Grantee will provide County with thirty (30) days’ notice prior to any cancellation, except for non-payment of premium of the policy and deliver such notice to the Administrator of the County Risk Management Department. Grantee will be obligated to replace or renew the canceled or expiring policy and show proof in the form of a certificate of insurance immediately upon cancellation or expiration of existing policy .

F. Grantee shall furnish the County Risk Manager with properly executed certificates of insurance. The County shall be included as an additional insured on all liability and vehicle insurance policies. Grantee’s membership in a self -insured governmental risk pool shall satisfy all conditions set forth in this section for insurance requirements subject to limits as set forth above.

G. In the event of a claim giving rise to a coverage dispute, Grantee or its agent will provide reasonable access to view a copy of any and all insurance policies or verification specified in this Franchise upon request of the Administrator .

I. By acceptance of this Franchise, Grantee agrees that failure to procure or maintain the required insurance or self- insurance shall constitute a material breach of this Franchise and that the County may immediately terminate this Franchise or, at the County's discretion, procure or renew such insurance to protect the County's interests and be reimbursed by Grant ee for all premiums paid in connection therewith

3.4 Compensation. The Franchise granted hereunder is subject to the County's right, which is expressly reserved, to annually fix a fair and reasonable compensation for the authorization granted hereunder , and to reimburse the County's costs in connection with

processing, administration and ongoing oversight of this Franchise, and in connection with reviewing, inspecting, monitoring and supervising the use and occupancy of the Rights -of-Way. Nothing herein shall prohibit the County and Grantee from agreeing upon the compensation to be paid. This Franchise shall not be interpreted to prevent the County from imposing additional lawful conditions, including additional compensation conditions for use of the Rig hts-of -Way, should Grantee provide service other than Telecommunication s Service.

3.5 Reimbursement . Except as provided in Subsection 3.4, Grantee shall reimburse the County within (30) calendar days after receipt of written demand for all reasonable amo unts paid and costs incurred by the County in relation to this Franchise or the enforcement thereof.

SECTION 4. ADDITIONAL FRANCHISE PROVISIONS

4.1 Publication Costs . Grantee shall assume the costs of publication associated with this Franchise as such publication is required by law.

4.2 Vacation.

A. If the County vacates all or portion of any County Rights -of-Way which is subject to rights granted by this Franchise, and said vacation is for the purpose of acquiring the fee or other property interest in said Rights-of-Way for the use of the County in either its proprietary or governmental capacity, the Board may, at its option and by giving forty -five (45) days written notice to Grantee, terminate this Franchise with reference to any County Ri ghts-of-Way so vacated, and the County shall not be liable for any damages or loss to Grantee by reason of such termination.

B. Whenever a County Right -of-Way or any portion thereof is vacated upon a finding that it is not useful and the public will be be nefited by the vacation, the County may retain an easement in respect to the vacated land for the construction, repair and maintenance of public utilities and services which at the time of the vacation are specifically authorized under this Franchise or physically located on a portion of the land being vacated, but only in accordance with the provisions of RCW 36.87.140. The County shall not be liable for any damages or loss to Grantee by reason of any such vacation.

4.3 Eminent Domain . This Franchise is subject to the power of eminent domain and the right of the Board or the people acting for themselves through the initiative or referendum process to repeal, amend, or modify this Franchise. In any proceeding under eminent domain, this Franchise itself shall have no value.

4.4 Revocation or Termination.

A. This Franchise may be revoked as provided in the Regulations after notice, an opportunity to cure, and a hearing as provided in the Regulations.

B. In addition to Section 4.4 A. of this Franchise, upon failure of Grantee, after written notice, to perform properly and completely each term, condition, or obligation imposed upon it pursuant to this Franchise, the County may terminate this Franchise.

C. At the expiration of the term of this Franchise or upon its revocation or termination, the County shall have the right to require Grantee to remove its Telecommunications Facilities within ninety (90) days from the County Rights-of-Way. Grantee shall be liable for any costs incurred in removing any Telecommunications Facilities of Grantee and restoring any County Rights-of -Way. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Rights -of-Way, public places and private property in as good condition as that prevailing prior to Grantee's removal of its equipment without affecting the electrical or telephone cable wires or attachments. The indemnification and insurance provisions and the letter of credit shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor.

D. A revocation or termination of this Franchise shall not prejudice any other remedy f or breach of contract, damages, non -payment or otherwise which the County has under this Franchise or under law.

4.5 Modification. The County and Grantee reserve the right to modify the terms and conditions of this Franchise upon written agreement of bot h parties to such modification or in the exercise of the County's police power authority or other authority pursuant to applicable laws.

4.6 Franchise Subject to Future County Regulations. Nothing herein shall be deemed to restrict the County's ability to adopt and enforce all necessary and appropriate rules regulating the performance of the conditions of this Franchise, including any valid regulations made in the exercise of the County's police powers in the interest of public safety and for the welfare of the public. The County shall have the authority at all times to control by appropriate regulations the location, elevation, manner of construction and maintenance of any Telecommunications Facilities by Grantee. Grantee agrees to promptly conform to all such regulations as if they were in effect at the time this Franchise was executed by the County, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the provisions of this Franchise and any Regul ations(s) enacted under the County's police power authority, such Regulations(s) shall take precedence over the provisions set forth herein.

4.7 Assignments or Transfers. Grantee shall comply with the Regulations regarding assignments, lease, sharing, t ransfers, and transactions affecting direct or indirect interest or control. In no event shall a sale, lease, sharing, transfer, assignment, or disposal of ownership, interest or control be approved without the written consent of the County, the transferee acknowledging the obligations under the Regulations, becoming a signatory to this Franchise and assuming all rights and obligations hereunder, and assuming all other rights and obligations of the transferor to the County. The County shall have sixty (60 ) days to act upon any request for approval of transfer. Should the County fail to render a final decision within 60 days the request shall be deemed granted unless Franchisee and County agree to an extension of time. The Franchisee, upon any transfer, shall within thirty (30) days thereafter file with the County a certified statement evidencing the transfer and containing the signed acknowledgement of the transferee that it agrees to be bound by the terms and conditions contained in this Franchise.

The requirements of this section shall not be deemed to prohibit the use of the Franchisee's property as collateral for security in financing the construction or acquisition of all or part of a Telecommunications Facilities of the Grantee or any affiliate of the Grantee. In the case of a transfer to secure indebtedness, whether by mortgage or other hypothecation, the County’s consent shall not be required unless and until the secured party elects to realize upon the collateral. However, the Telecommunications Facilities franchised hereunder, including portions thereof used as collateral, shall at all time s continue to be subject to the provisions of this Franchise.

The requirements of this section shall not be deemed to prohibit sale of tangible assets of the Grantee in the ordinary conduct of the Grantee's business without the written approval of the County.

The requirements of this section shall not be deemed to prohibit, without the written approval of the County, a transfer to a transferee whose primary business is such Telecommunications Facilities and having a majority of its beneficial ownershi p held by the Franchisee, a parent of the Franchisee, or an affiliate, a majority of whose beneficial ownership is held by a parent of the Franchisee. If beneficial ownership of fifty percent (50%) or more of the stock of the Grantee, or of the majority of the stock of any parent company of the Grantee immediate or otherwise, or of any entity now owning or later acquiring such beneficial interest is acquired by or agent of common control is other than an organization with majority of its beneficial owners hip held by the Grantee or a parent of the Grantee, then a change in control will be deemed to have taken place requiring written approval of the County.

4.8 Receivership and Foreclosure

A. At the option of the County, subject to applicable law, this Fr anchise may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless:

(1) The receivership or trusteeship is vacated within one hundred twenty (120) days of appointment; or

(2) The receivers or trustees have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provi sions of this Franchise, and have remedied all defaults under the Franchise. Additionally, the receivers or trustees shall have executed an agreement duly approved by the court having jurisdiction, by which the receivers or trustees assume and agree to be bound by each and every term, provision and limitation of this Franchise.

B. If there is a foreclosure or other involuntary sale of the whole or any part of the property and equipment of Grantee, the County may serve notice of revocation on Grantee and to the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be revoked thirty (30) days after service of such notice, unless:

(1) The County has approved the transfer of the Franchise, in accordance with the procedures set forth in this Franchise and as provided by law; and

(2) The purchaser has covenanted and agreed with the County to assume and be bound by all of the terms and conditions of this Franchise.

4.9 Incorporation and Annexation.

A. If any Rights-of-Way covered by this Franchise are incorporated into the limits of any city or town, this Franchise shall terminate as to any Rights -of-Way within the corporate limits of such city or town; but this Franchise shall continue as to County Rights -of -Way not incorpor ated into a city or town.

B. If, pursuant to Article X I § 3 of the Washington Constitution, territory is stricken or taken from the County and a new county is established from the territory taken from the County, this Franchise shall terminate as to any Rights -of-Way within the territory so taken to establish the new county; but this Franchise shall continue as to County Rights-of-Way not taken from the County.

4.10 Service of Notice. Except as provided herein, any notices required or permitted to be given under this Franchise shall be deemed properly served when deposited with the United States Postal Service, postage paid, addressed to the party to receive same.

Notice to the County shall be sent to:

County Engineer

Cowlitz County Public Works

1600 13th Ave. S.

Kelso, WA 98626

Notice to the Grantee shall be sent to:

Sprint Communications Company L.P.

c/o Cogent Communications, Inc.

2450 N Street, NW, 4th Floor

Washington, DC 20037

Attn: VP of Infrastructure

With a copy to:

Sprint Communications Company L.P.

c/o Cogent Communications, Inc.

2450 N Street, NW, 4th Floor

Washington, DC 20037

Attn: Legal Department

Grantee shall promptly notify the County of any change in notice address.

4.11 Open Records. The County, including the County's Auditor or his/her authorized representative, shall have access to, and the right to inspect, any books and records of Grantee, its parent corporations and Affiliates which are reasonably related to the administration or enforcement of the terms of this Franchise. The County may, in writing, request copies of any such records or books and Grantee shall provide such copies within thirty (30) d ays of the transmittal of such request. One (1) copy of all reports and records required under this or any other subsection shall be furnished to the County, at the sole expense of Grantee.

4.12 Severability . The parties understand and agree that if a co urt holds any part, term, or provision of this Franchise to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Franchise did not contain the particular invalid provision. Should the County determine that the severed portions substantially alter the Franchise so that the original intent and purpose of this Franchise no longer exists, the County may, in its sole discretion, terminate this Franchise without cost or penalty.

4.13 Remedies. All remedies and penalties under this Franchise, including termination of this Franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy or penalty. The remedies and penalties contained in this Franchise, including termination of this Franchise, are not exclusive, and the parties reserve the right to enforce the provisions of any Regulations or resolution and to av ail itself of any and all remedies available at law or in equity.

4.14 Nonwaiver of Rights . The County and Grantee agree that the excuse or forgiveness of performance or waiver of any provision(s) of this Franchise does not constitute a waiver of such provision(s) or future performance, or prejudice the right of the waiving party to enforce any of the provisions of this Franchise at a subsequent time.

4.15 Choice of Law. This Franchise has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this Franchise shall be governed by the laws of the State of Washington, both as to its interpretati on and performance.

4.16 Jurisdiction. Any action at law, suit in equity, or judicial proceeding arising out of this Franchise shall be instituted and maintained only in any of the courts of competent jurisdiction in Cowlitz County, Washington.

4.17 Context. When consistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

4.18 Entire Agreement. The parties agree that this Franchise is the complete ex pression of the terms and conditions hereunder, and supersedes all prior agreements or proposals except as specifically set forth herein. Any oral or written representations or understandings not

incorporated herein are specifically excluded. This Franchis e is executed in duplicate originals and executed by the persons signing below who warrant that they have the authority to execute this Franchise.

4.19 Familiarity with Franchise. The Grantee acknowledges and warrants by acceptance of the rights, privileges and agreements granted herein, that it has carefully read and fully comprehends the terms and conditions of this Franchise and is willing to and does accept all lawful and reasonable risks of the meaning of the provisions, terms and conditions herein.

4.20 Acceptance. Within thirty (30) days after adoption of this Franchise by the Board, this Franchise may be accepted by Grantee by executing this Franchise in duplicate, filing it with the Clerk of the Board. Further, the executed Franchise shall be re turned accompanied by the required evidence of insurance as provided in Sec. 3.3 of this Franchise. In the event Grantee fails to accept this Franchise or fails to comply with all conditions of acceptance as set forth herein within thirty (30) days after a doption by the Board, this Franchise shall be null and void.

DATED this ________ day of _______________, 20 22.

APPROVED AS TO FORM: BOARD OF COMMISSIONERS

Ryan Jurvakainen, Prosecuting Attorney COWLITZ COUNTY, WASHINGTON

By: _________________________________

Civil Deputy Richard R. Dahl, Commissioner

ATTEST:

Kelly Dombrowsky, Clerk of Board

Arne Mortensen , Commissioner

Dennis P. Weber , Commissioner

Order Granting Franchise to Sprint Communications Co. LP

THE UNDERSIGNED, GRANTEE herein, hereby accepts all of the rights and privileges of the foregoing granted Franchise and Regulations, subject to all the terms, conditions and obligations therein contained.

DATED this ____ day of ___________________, 20 23.

By: David Schaeffer (Authorized by law to sign on behalf of the Agency)

Title: ___ President and CEO of Sprint

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BOCCAgenda

MeetingDate: 07/11/2023

CALLFORBIDS-HeadquartersLandfillTransportationofRockMaterialsthroughJune30,2024

SubmittedFor: ShawnRoewe,PublicWorks

Department: PublicWorks

SubmittedBy: EmilieCochrane,PublicWorks

Information

SubjectandSummaryStatement

AttachedarethenecessarydocumentstoinitiateacallforbidsfortheHeadquartersLandfill TransportationofRockMaterials.Thevariousrockmaterialsarenecessaryinordertoperformroad maintenanceattheHeadquartersLandfill.

WillStaffAttend-NAMEOFSTAFForNo

Yes

DepartmentRecommendation

ItistherecommendationoftheDepartmentofPublicWorksthattheBoardmovetoapprovethecallfor bids,fixatimeforthebidopeningandpublishthecallforbidsintheusualmanner.

Attachments

CallforBids

NoticeofCallforBids

CALL FOR SEALED BIDS AND PROPOSALS

HEADQUARTERS LANDFILL TRANSPORTATION OF ROCK MATERIALS THROUGH JUNE 30, 2024

Sealed bids will be received by the Board of County Commissioners of Cowlitz County, Washington, prior to 11:00 a.m. , the 25th day of July , 2023, at which time all bids received will be publicly opened and read in the chambers of the Board for the transportation of approximately 9,350 tons of rock materials , furnished in transport quantities on two -day notice until June 30, 2024.

Outside of bid envelope must state the following information:

1. Mailing Address: Board of County Commissioners

Attn: Clerk of the Board 207 Fourth Avenue North , Room 305 Kelso, WA 98626

2. Bid Description: Headquarters Landfill Transportation of Rock Materials

3. Date of Bid Opening:

SPECIFICATIONS

This bid is intended to provide a firm price per ton for the purchase and transportation of rock materials to the Cowlitz County Headquarters Landfill, located at 3434 South Silver La ke Road, Castle Rock, Washington, 98611.

Transport trucks shall be a minimum of 10 -yard capacity and shall be equipped with two-way radios. The successful bidder shall have a minimum of two (2) transports available to meet Cowlitz County schedules. Deliveries may be required as early as 7 :00 a.m. at the stockpile site. Transports will be free of any foreign matter which might contaminate the product. All items shall be weighe d in accordance with the 2023 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction (English Version).

No trucks transporting materials shall use South Silver Lake Road from Spirit Lake Highway ( SR 504) to Headquarters Road.

Product delivered to the specified location at the Cowlitz County Headquarters Landfill site, is exempt from the prevailing wage requirement in S ection 1-07.9 under the definition of a stockpile site. Bidder will be responsible for tailgate dumping in the stockpile location.

No sub-contractors shall be used without prior written approval of the County.

Bidders shall submit their bids upon the attached bid proposal form. The price bid shall be the cost per ton of each rock material, including transportation to the Solid Waste Headquarters Landfill The basis for the bid award shall be the lowest total o f the unit price listed by the bidder, multiplied by the estimated quantity of each product , plus sales tax.

Bidder will be contacted at least two days in advance with the date the material is desired, material type and quantity o f order.

At time of material pick-up , the driver will acquire a material ticket from the supplier specifying the material type and tonnage. At time of material delivery at the Headquarters landfill, the driver will stop at the landfill office prior to dumping the material at the stockpile location, sign-in at the office, leave the material ticket from the supplier along with a carbon copy of the delivery ticket from the driver’s company identifying the pick-up location, supplier ticket number, material quantity, and driver name for the trip to be charged County may reject all material that does not meet, as determined by County, the requirements specified above. County retains the right to randomly sample and test materials for compliance with material specificatio ns. Non-conforming material deliveries may result in the selection of a different vendor.

The driver’s company will mail an invoice to the Public Works Office for all trips made. Invoices shall be no less than monthly and shall contain the following additional information:

1. Delivery ticket number and date.

2. Material type, quantity, and charge.

Payment will be made according to RCW 39.76.011, which states in summary that a check or warrant shall be mailed or is available not later than thirty days after receipt of a properly completed invoice or receipt of goods or services, whichever is later. Proper completion is considered to be completed delivery, receipt of the material ticket from the material supplier, receipt of the ticket for delivery of the rock materials , and receipt of the invoice for the delivery. A monthly statement of account summarizing deliveries invoiced, outstanding balances and payments received is required.

The initial term of the contract shall begin when the contract is awarded and shall expire June 30, 202 4.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on Cowlitz County Department of Public Works internet website. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington Public Disclosure Act under Chapter 42.56 RCW.

The Board reserves the right to reject any and all bids, to waive informalities in the bids and to accept other than the low bid as it appears in the best interests of the County. In making awards, consideration will be given to factors of prices quoted, delivery and quality of products.

DATED this 11th day of July, 2023.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Richard R. Dahl, Chairman

Arne Mortensen , Commissioner

Dennis P. Weber , Commissioner

ATTEST: Clerk of the Board

BIDDER’S INFORMATION:

BID PROPOSAL FORM

(PRINT LEGIBLY IN INK OR TYPE)

HEADQUARTERS LANDFILL TRANSPORTATION OF ROCK MATERIALS THROUGH JUNE 30, 2024

The undersigned agrees to provide the foregoing services in accordance with the attached specifications.

Bid Submitted By: _________________________________________________________________ (Company Name)

Name Printed:

Email:

Fax:

BID PROPOSAL FORM

(PRINT LEGIBLY IN INK OR TYPE)

TRANSPORTATION OF ROCK MATERIALS THROUGH JUNE 30, 2024

BIDDER MUST HAVE A MINIMUM OF TWO TRUCKS AVAILABLE

TRUCK #1:

TRUCK #2:

Capacity: ____________

Capacity: ____________

BID PRICE FOR DELIVERY TO STOCKPILE

Solid Waste Headquarters Landfill 3434 South Silver Lake Road, Castle Rock, WA 98611

MATERIALS

Product to be delivered by Vendor

Addenda: The bidder acknowledges receipt of the following addenda: ___________________.

Appendix A

Cowlitz County Specification:

COWLITZ COUNTY STRUCTURAL FILL - SIEVE ANALYSIS

Materials

Aggregate for Structural Fill shall meet the following requirements.

1. Grading shall conform to the following gradation:

2. 70% of the aggregate retained on each of the 1 -inch square and ¼ -inch square sieves shall have at least one fractured face.

3. Structural Fill shall consist of unweathered, hard, angular, durable, free -draining material that is visibly well graded from course to fine.

NOTICE OF CALL FOR BIDS

HEADQUARTERS LANDFILL TRANSPORTATION OF ROCK MATERIALS THROUGH JUNE 30, 2024

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Cowlitz County, Washington, will receive bids for the transportation of approximately 9,350 tons of road surfacing materials for use through June 30, 202 4.

Sealed bids will be received by t he Board of County Commissioners of Cowlitz County, Washington, prior to 11:00 a.m., the 25th day of July, 20 23, at which time all bids received will be publicly opened and read in the chambers of the Board for the transportation of approximately 9,350 tons of rock materials , furnished in transport quantities on two -day notice until June 30, 2024.

Specifications and proposal forms will be furnished, upon request, by the Department of Public Works at 1600-13th Avenue South, Kelso, WA 98626, (360) 577 -3030. The bid proposal, bid specifications, and bid results may also be viewed on the Cowlitz County Department of Public Works internet website at www.co.cowlitz.wa.us/publicworks.

DATED this 11th day of July, 2023.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Published:

PUBLICATION REQUIREMENT: To be published in one issue at least thirteen (13) days prior to bid opening.

BILLING INFORMATION:

1) AFFIDAVIT TO: Cowlitz County Commissioners ATTN: Clerk of the Board

2) AFFIDAVIT AND BILL TO: Cowlitz County Department of Public Works

P.O. 00970 1600-13th Avenue South Kelso, WA 98626

AS-12894 ConsentC.3.

BOCCAgenda

MeetingDate: 07/11/2023

ExteriorPaint-BoatHouse(TrainingCenter)FAC09-2023:ContractClose

SubmittedFor: DylanWills,ProjectCoordinator

SubmittedBy: DylanWills,ProjectCoordinator

Department: FacilitiesMaintenance

Information

SubjectandSummaryStatement

OnApril18,2023theBoardofCommissionersawardedthebidforProjectFAC09-2023forthe ExteriorPaintoftheBoatHouse(TrainingCenter)toHilanderPaintingLLCfor$8493.70including WashingtonStateSalesTax.

Theworkwasexecutedinaccordancewithprojectplansandspecificationsandhasbeenverifiedby theFacilitiesMaintenanceDepartmentasmeetingCowlitzCountyqualitystandards. WillStaffAttend-NAMEOFSTAFF

DepartmentRecommendation

TheFacilitiesMaintenanceDepartmentrecommendsthattheBoardofCountyCommissionersmoveto accepttheAgreementwithHilanderPaintingLLCfortheExteriorPaintoftheBoatHouse(Training Center),ProjectFAC09-2023,asbeingcompleted,andsigntheattachedLetterofAcceptance.

FiscalImpact

CompletionLetter-BOCC

Invoice_1602_from_Hilander_Painting_LLC

Attachments

FormReview

COMMISSIONERS

Ric hard R Dahl, Chairman

Arne Mortensen

District 1

Dennis P. Weber

District 2

CLERK OF THE BOARD

Kelly Dombrowsky

Board of Commissioners

County Administration Building 207 Fourth Avenue North Kelso, WA 98626

TEL (360) 577-3020

FAX (360) 423-9987

www.co.cowlitz.wa.us

Kevin Kennedy Hilander Painting LLC

3408 Pennsylvania Street Longview, WA 98632

SUBJECT: Contract Completion for the Exterior Paint – Boat House (Training Center), Project #FAC 09-2023 for a cost totaling $8493.70 including Washington State Sales Tax .

Dear Mr. Kennedy,

We have received certification from the Cowlitz County Facilities Maintenance Department that Hilander Painting LLC has satisfactorily completed the contract for the Exterior Paint – Boat House (Training Center), Project #FAC 09-2023, on June 16, 2023, therefore we accept the contract as being complete.

Very truly yours,

Board of County Commissioners of Cowlitz County, Washington

Richard R. Dahl, Chairman

Arne Mortenson, District 1

Dennis P. Weber, District 2

ATTEST:

Kelly Dombrowsky, Clerk of the Board

BOCC:jb

3408

Longview,

360-560-2905

kevinkennedy2905@gmail.com

AS-12899

BOCCAgenda

MeetingDate: 07/11/2023

ColumbiaCounty-ContinuingDetentioncontract

SubmittedFor: GaryBashor

Department: Juvenile

SubmittedBy: MichelleHoney

Information

ConsentC.4.

SubjectandSummaryStatement

ContractAmendmentforCowlitzCountyJuvenileDetentiontohouseColumbiaCountyyouth.No changeotherthanextendingcontractthrough2025.

WillStaffAttend-NAMEOFSTAFF

Nostaffwillattend.

DepartmentRecommendation

Recommendationisforcontinuingthisagreementthrough2025.

Attachments

FormReview

FormStartedBy:MichelleHoney

AS-12900 ConsentC.5.

BOCCAgenda

MeetingDate: 07/11/2023

UPSBatteryReplacement-HOJProjectNo.2023-0009-01:ContractCloseout

SubmittedFor: DylanWills,ProjectCoordinator

SubmittedBy: DylanWills,ProjectCoordinator

Department: FacilitiesMaintenance

Information

SubjectandSummaryStatement

OnMarch14,2023theBoardofCountyCommissionersforCowlitzCountyexecutedAgreementNo. 2023-0009-01withBatteryPowerSolutionsLLCfortheUPSBatteryReplacementProjectattheHallof Justice.

Theworkwasexecutedinaccordancewithprojectplansandspecifications.Allequipmentand materialsusedtocompletetheworkconformtothecriteriaoutlinedbytheprojectspecifications.

ThetotalcostoftheworkspecifiedintheAgreementwithBatteryPowerSolutionsLLC,amounts $30,611.74includingWashingtonStatetax.

ProjectStartDate:March14,2023

ProjectCompletionDate:March22,2023

WillStaffAttend-NAMEOFSTAFF

Yes,WillTastad

DepartmentRecommendation

TheFacilitiesMaintenanceDepartmentrecommendsthattheBoardofCountyCommissionersmoveto accepttheAgreementwithBatteryPowerSolutionsLLCfortheUPSBatteryReplacement,ProjectNo. 2023-0009-01,asbeingcompleted,andsigntheattachedLetterofAcceptance.

FiscalImpact

ExpenditureRequired$: 30611.74

BudgetSufficientY-N: Y

AmendmentRequiredY-N: N

SourceofFunds-WhatDept?: 375100095100

GrantY-N: N

Attachments

CompletionLetter-BOCC

AllSigned2023-0009-01UPSBatteryReplacementAgreement-Executed

FormStartedBy:DylanWills

COMMISSIONERS

Ric hard R. Dahl

Chairman

Arne Mortensen

District 1

Dennis P. Weber

District 2

CLERK OF THE BOARD

Kelly Dombrowsky

Board of Commissioners

County Administration Building 207 Fourth Avenue North Kelso, WA 98626

TEL (360) 577-3020

FAX (360) 423-9987

www.co.cowlitz.wa.us

Tina McGraw Battery Power Solutions LLC

201 Frontage Road N, Suite A Pacific, WA 98047

SUBJECT: Contract Completion for the UPS Battery Replacement - HOJ, Project No. 2023-0009-01 for a cost totaling $30,611.74 including Washington State Sales Tax.

Dear Mrs. McGraw,

We have received certification from the Cowlitz County Facilities Maintenance Department that Battery Power Solutions LLC has satisfactorily completed the contract for the UPS Battery Replacement at the Hall of Justice, Project No. 2023-0009-01, on March 22, 2023, therefore we accept the contract as being complete.

Very truly yours,

Board of County Commissioners of Cowlitz County, Washington

Commissioner Richard R. Dahl, Chairman

Commissioner Arne Mortenson, District 1

Commissioner Dennis P. Weber, District 2

ATTEST:

Kelly Dombrowsky, Clerk of the Board

AS-12904

BOCCAgenda

MeetingDate: 07/11/2023

CONTRACTDOCUMENTS-2023JointAgencyPavementStriping-ProjectNo.2066-23-Specialized PavementMarkings

SubmittedFor: GaryGonser,PublicWorks

Department: PublicWorks

SubmittedBy: EmilieCochrane,PublicWorks

Information

SubjectandSummaryStatement

AttachedareCowlitzCounty’scontractdocumentswithSpecializedPavementMarkingsforthe2023 JointAgencyPavementStripingproject.Eachparticipatingagencyinthejointagencyprojectwill executeaseparatecontractwiththesuccessfulbidderforthatagency’swork.Thisprojectwas awardedonJune6,2023.Theprojectworkincludestheinstallationofapproximately416milesof centerlinestripingand517milesoffoglineonvariousCountyroadsatacontractamountof $884,032.00.

WillStaffAttend-NAMEOFSTAFForNo

DepartmentRecommendation

ItistherecommendationoftheDepartmentofPublicWorksthattheBoardmovetoenterintothe contractwithSpecializedPavementMarkingsforthe2023JointAgencyStripingproject,inthebid amountof$884,032.00..

FiscalImpact

ExpenditureRequired$: 884,032.00

BudgetSufficientY-N: Y

AmendmentRequiredY-N: N

SourceofFunds-WhatDept?: Roads

GrantY-N: N

Attachments

Contract

FormReview

BOCCAgenda

MeetingDate: 07/11/2023

AMENDMENTNO.5toPersonalServicesAgreement-RightofWayAcquisitionServices-EpicLand Solutions,Inc.

SubmittedFor: SusanEugenis,PublicWorks

Department: PublicWorks

SubmittedBy: EmilieCochrane,PublicWorks

Information

SubjectandSummaryStatement

AttachedisAmendmentNo.5tothePersonalServicesAgreementbetweenCowlitzCountyandEpic LandSolutions,Inc.Theoriginalagreementestablishedconsultingservicesforrightofwaynegotiation andlandacquisitionforvariousPublicWorksprojectsandexpiresSeptember30,2023.These servicesareusedtoaugmentstaffandmeetthetrainingandexperiencerequirementsofWashington StateDepartmentofTransportation(WSDOT).AdditionalfundsarenecessarytocovertheRightof WayphaseoftheErickCreekCulvertReplacementproject,whichisoccurringbeforethenewPersonal ServiceAgreementsforrightofwayservicesareinplace.

WillStaffAttend-NAMEOFSTAFForNo

DepartmentRecommendation

ItistherecommendationoftheDepartmentofPublicWorksthattheBoardmovetoapprove AmendmentNo.5tothePersonalServicesAgreementwithEpicLandServices,Inc.increasingthe amountoftheagreementby$15,000foratotalof$245,000.

FiscalImpact

ExpenditureRequired$: 15,000

BudgetSufficientY-N: Y

AmendmentRequiredY-N: N

SourceofFunds-WhatDept?:

GrantY-N:

AmendmentNo.5

AmendmentNo.4

AmendmentNo.3

AmendmentNo.2

AmendmentNo.1

ProfessionalServicesAgreement

Attachments

BOCCAgenda

MeetingDate: 07/11/2023

ESRIEnterpriseLicenseAgreementRenewal

SubmittedFor: KimHort

Department: InformationTechnology

SubmittedBy: KimHort

Information

SubjectandSummaryStatement

CowlitzCountyhasinvestedinESRIsoftwarelicensingforgeographicinformationsystem(GIS) mappingsinceJune17,2008.Thissoftwareincludesdesktopmappingsoftwareforpresentation, analysis,andprinting,aswellasenterpriseserver-basedsoftwarefordeployingwebmapsand applications.TheuseofGISsoftwareisusedbynumerousdepartmentsincludingbutnotlimitedto PublicWorks,Assessor'sOffice,Building&Planning,andNoxiousWeeds.Thiscurrentandexpanding useofthesoftwareismadepossiblethroughthepurchaseofaSmallGovernmentEnterpriseLicense Agreement(ELA)withESRI.Thissoftwaremodelhasprovedtobecosteffectiveasweareableto leverageenterpriselicensingfortheentirecountytousetheGISsoftwareratherthanjustaselectfew. TheESRIELAisbasedoncountypopulation,andisfora3-yearterm,atacostof$67,913.89peryear overthenextthreeyearsincludingsalestax,foratotalof$203,741.68.

WillStaffAttend-NAMEOFSTAFF

Yes-KimHort

DepartmentRecommendation

TheITandGISStaffrecommendsthattheCowlitzCountyBoardofCommissionersmovetoapprove andauthorizethepurchaseofArcGISSoftwareandServicesfromEnvironmentalSystemsResearch Institute,Inc.(ESRI)inthetotalamountof$203,741.68.

FiscalImpact

ExpenditureRequired$: 203,742

BudgetSufficientY-N: Y

AmendmentRequiredY-N: N

SourceofFunds-WhatDept?: 50201-490100

GrantY-N: N

Attachments

ESRI-SmallGovernmentEARenewal

ESRI-VendorSoleSource

FormReview

Inbox ReviewedBy Date

DougJensen

FormStartedBy:KimHort

StartedOn:07/03/202310:32AM

SOLE SOURCE OR SPECIAL MARKET CONDITIONS

To: Board of County Commissioners

From:

Name of Dept. Head/Ofcl. Department/Office

Subject: Sole Source -Special Purchase: ____________________

REQUESTED PROVIDER: ______________________________________

COST ESTIMATE: ____________________________________________

Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. The use of sole source purchases shall be limited only to those specific instances which are totally justified to satisfy compatibility or technical performance needs.

Special market condition purchases are an exception to competitive bidding requirements under RCW 36.32.270 and RCW 39.04.280, and County policy, and can include the purchase of used equipment or products, in lieu of competitive bid-and-purchase of new equipment or products, which both fulfill the needs of the County and Department and result in cost -savings and special benefit. A ‘special market condition’ usually arises from the transitory nature of used or limited stock items quickly coming on/off the market, and often from a single seller.

STATEMENT OF NEED:

My department’s/office’s recommendation for sole source is based upon the objective review of the product/service required and appears to be in the best interest of the County. I know of no conflict of interest on my part or personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers.

Refer to the attached sole source or special market justification as prepared by our department/office, to the attached review of available products/services.

SOLE SOURCE or SPECIAL MARKET JUSTIFICATION

Requested purchase/service:

1. Please describe the purchase/service and its function/use:

2. For sole source*, the purchase is justified because:

q Sole provider of a licensed or patented good or service

q Sole provider of items that are compatible with exiting equipment, inventory, system, programs or service.

q Sole provider of goods and service for which the County has established a standard**

q Sole provider if factory-authorized warranty service

q Sole provider of goods or service that will meet the specialized needs of the County or perform the intended function (please detail below or in an attachment)

q The vendor/distributor is a holder of used or limited stock item that would represent good value and is advantageous to the County as a special market condition purchase (please attach information on market price survey, availability, etc ).

3. For sole source, what necessary features does this vendor provide which are not available from other vendors, or alternatively, why is a special market purchase justified? Please be specific .

Renewal of Maintenance and Software Support and Licenses for ESRI/ArcPro GIS Mapping Software. Software licensing renewals and additions are required from a previously selected, sole source vendor. Vendor was previously selected for licensed software per RCW 39.04.270, anticipating the costs, time and resources of shifting to any new vendor meant future sole sources purchases and renewals.

4. What steps were taken to verify that these sole source features are not available elsewhere, or alternatively, why is this a best value, special market purchase for the County?

Sole Source:

q Other brands/manufactures were examined (please list phone numbers and names, explain why these were not suitable).

q Other vendors were contacted (please list phone numbers and names, and explain why these were not suitable).

Special Market Conditions:

q Vendor product/purchase has been compared with other products/purchases on the available market through competitive bid, and offers the best value to the County (and explain why this is a best value).

* Sole Source: The product is available only through one manufacturer or distributor and the manufacturer so certifies; and the vendor certifies that the county is getting the same, lowest price it offers other purchasers.

** Procurement of items for which the county has established a standard by designating a brand or manufacturer or by pre-approving via a testing shall be competitively bid if there is more than one vendor of the item.

This vendor was previously selected by competitive solicitation for Cowlitz County GIS/Mapping software, where the future renewal of existing software requires sole source in order to continue to use the GIS/Mapping software.

AS-12907

BOCCAgenda

MeetingDate: 07/11/2023

AMENDMENTNo.1toProfessionalServicesAgreement-WindsorEngineers-CamelotLOSS

Replacement

SubmittedFor: PatrickHarbison,PublicWorks

SubmittedBy: EmilieCochrane,PublicWorks

Department: PublicWorks

Information

SubjectandSummaryStatement

AttachedisAmendmentNo.1totheagreementwithWindsorEngineers.Aftercompletingthe preliminarydesign,itwasdeterminedthataCIPConcretetankwouldsaveover$50,000dollarsin materialcostwhencomparedtoafiberglasstank.Thisamendmentistoadd$8,800totheoriginal contractforthedesignofaCast-in-Placeconcretetankasthechosenalternative.

WillStaffAttend-NAMEOFSTAFForNo

Yes

DepartmentRecommendation

ItistherecommendationoftheDepartmentofPublicWorksthattheBoardmovetoapprove AmendmentNo.1totheprofessionalservicesagreementwithWindsorEngineersincreasingthe amountoftheagreementby$8,800foratotalof$88,500.

FiscalImpact

ExpenditureRequired$: 8,800

BudgetSufficientY-N: Y

AmendmentRequiredY-N: N

SourceofFunds-WhatDept?:

GrantY-N:

OriginalAgreement

AmendmentNo.1

FormStartedBy:EmilieCochrane

Attachments

AMENDMENT NO. 1 TO CAMELOT LOSS REPLACEMENT

This Amendment No. 1 modifies the Professional Services Agreement (Agreement) between Windsor Engineers (Consultant ) and Cowlitz County Washington (County) executed August 2, 2022, for design and permitting services to replace the Camelot Large Onsite Septic System .

The following modifications are made to the Agreement and all other terms and conditions remain unchanged:

1. The Agreement’s budget is increased from $79,700 to $88,500.

IN WITNESS WHEREOF this Amendment No. 1 is made and executed this _____ day of July 2023.

For: WINDSOR ENGINEERS BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

By: Travis Tormanen Richard R. Dahl, Chairman Arne Mortensen , Commissioner Dennis Weber , Commissioner

ATTEST: Kelly

Dombrowsky, Clerk of the Board

BOCCAgenda

MeetingDate: 07/11/2023

PERPETUALRIGHTOFWAYANDUTILITYEASEMENTforCountyRoadPurposes-CathlametSlide Repair-ProjectNo.1235-JamesL.Stanaway

SubmittedFor: SusanEugenis,PublicWorks

Department: PublicWorks

SubmittedBy: EmilieCochrane,PublicWorks

Information

SubjectandSummaryStatement

AttachedisaPerpetualRightofWayandUtilityEasementfromJamesL.Stanawayfortheacquisition ofapproximately6,647squarefeetofrealproperty.Thispropertyisnecessarytoaccommodatethe sliderepairworkonCathlametRoad.BOCCapprovalisrequiredpriortorecordingthedocument.

WillStaffAttend-NAMEOFSTAFForNo

Yes

Approved:_____________________

BOARDOFCOUNTYCOMMISSIONERS OFCOWLITZCOUNTY,WASHINGTON

ichardR.Dahl,Chairman

ArneMortensen,Commissioner

DennisP.Weber,Commissioner

Attest:______________________ ClerkoftheBoard

DepartmentRecommendation

ItistherecommendationoftheDepartmentofPublicWorksthattheBoardmovetoaccept theperpetualright-of-wayandutilityeasementforCountyroadpurposesfromJamesL.Stanawayand authorizetheChairtosign.ThedocumentwillberecordedandreturnedtotheClerkoftheBoardforthe officialrecord.

FiscalImpact

ExpenditureRequired$: 1,665

BudgetSufficientY-N: Y

AmendmentRequiredY-N: N

SourceofFunds-WhatDept?:

GrantY-N:

Easement

VicinityMap

AS-12916

BOCCAgenda

MeetingDate: 07/11/2023

Rescinding

SubmittedFor: KellyDombrowsky,ClerkoftheBoard

SubmittedBy: KellyDombrowsky,ClerkoftheBoard

Department: CommissionersOffice

Information

Consent11.

SubjectandSummaryStatement

RescindingResolutionNo.22-060andcontinuingrelationshipswiththeWashingtonCountiesRiskPool andtherelatedappointmentsanddesignationsof/foreachmembercounty.

WillStaffAttend-NAMEOFSTAFF

DepartmentRecommendation

Attachments

Resolution

FormStartedBy:KellyDombrowsky

FinalApprovalDate:07/06/2023

FormReview

StartedOn:07/06/202303:13PM

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

IN THE MATTER OF RESCINDING RESOLUTION No. 22-060 and CONTINUING RELATIONSHIPS WITH THE WASHINGTON COUNTIES RISK POOL AND THE RELATED APPOINTMENTS AND DESIGNATIONS OF/FOR EACH MEMBER COUNTY.

WHEREAS, several Washington counties agreed to the creation of the Washington Counties Risk Pool (“Pool”), organized and operating under Chapters 48.62 and 39.34 RCW, to provide to its member counties programs of joint self-insurance, joint purchasing of insurance, and joint contracting for or hiring of personnel to provide risk management, claims handling, and administrative servic es; and

WHEREAS, the Pool’s Interlocal Agreement and Bylaws, and policies of its Board of Directors require appointees and/or designees from each member county; that is:

a) Director / Alternate Director (Article 8 of the Interlocal Agreement and Article 2 of the Bylaws) – officers or employees of each Pool member county that are appointed by and serve at the pleasure of the respective county’s legislative authority;

b) County Risk Manager (Article 11(b) of the Interlocal Agreement) – an employee of each Pool member county appointed to serve as a liaison between the County and the Pool as to risk management and who is responsible for the risk management function within the County;

c) County Safety Officer (Article 11(c) of the Interlocal Agreement) – an active employee designated by each Pool member county who , along with a related committee, are maintained to consider all recommendations concerning the development and implementation of a loss control policy to prevent unsafe practices; and

d) County Claims Administrator (sections B.6, C and E.1.b of the Pool Board of Directors’ Claims Handling Policies and Procedures) – each Pool member county’s must designate someone to administer civil claims, with whom incidents should be immediately reported to, who is responsible for sending all claims and lawsuits and reporting various known incidents to the Pool, and with whom the Pool will coordinate the County’s claims administration;

NOW, THEREFORE, BE IT RESOLVED that Cowlitz County hereby rescinds resolution No. 22-060 and confirms the appointment or designation of the following individuals for the applicable and required relationships with the Washington Counties Risk Pool:

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and shall supersede any prior conflicting action(s); and

BE IT STILL FURTHER RESOLVED that the clerk of this body shall forward a copy of this resolution, once completed, to the attention of Executive Director Derek Bryan at the Washington Counties Risk Pool, 2558 R W Johnson Rd. SW, Suite 106, Tumwater, WA 98512-6113.

PASSED this day of , 20 .

AS-12911

BOCCAgenda

MeetingDate: 07/11/2023

LetterfromVictoriaBloslannouncingherresignationasRiskManager

SubmittedFor: KellyDombrowsky,ClerkoftheBoard

SubmittedBy: KellyDombrowsky,ClerkoftheBoard

Department: CommissionersOffice

Information

Consent12.a.

SubjectandSummaryStatement

LetterdatedJune29,2023fromVictoriaBloslannouncingherresignationastheCowlitzCountyRisk Manager.

WillStaffAttend-NAMEOFSTAFF

DepartmentRecommendation

Attachments

Letter

FormStartedBy:KellyDombrowsky

FinalApprovalDate:07/05/2023

FormReview

StartedOn:07/05/202312:43PM

AS-12912

BOCCAgenda

MeetingDate: 07/11/2023

FERCNoticeWeirBFlowEventIncidentReport,SwiftNo.2HydroelectricProject

SubmittedFor: KellyDombrowsky,ClerkoftheBoard

SubmittedBy: KellyDombrowsky,ClerkoftheBoard

Department: CommissionersOffice

Information

Consent12.b.

SubjectandSummaryStatement

FederalEnergyRegulatoryCommissioner(FERC)Noticedated6/14/2023regardingWeirBFlow EventIncidentReport,SwiftNo.2HydroelectricProject

WillStaffAttend-NAMEOFSTAFF

DepartmentRecommendation

Attachments

FERCNotice

FormStartedBy:KellyDombrowsky

FinalApprovalDate:07/05/2023

FormReview

StartedOn:07/05/202312:46PM

AS-12917

BOCCAgenda

MeetingDate: 07/11/2023

Consent12.c.

Letterdated7/11/23toDarcyMitchemreappointinghertotheParks&RecAdvisoryBoard

SubmittedFor: KellyDombrowsky,ClerkoftheBoard

SubmittedBy: KellyDombrowsky,ClerkoftheBoard

Department: CommissionersOffice

Information

SubjectandSummaryStatement

LetterdatedJuly11,2023toDarcyMitchemreappointinghertothePark&RecreationAdvisoryBoard. Thisisa6-yearteamthatexpiresDecember31,2029.

WillStaffAttend-NAMEOFSTAFF

DepartmentRecommendation

Attachments

Letter

FormStartedBy:KellyDombrowsky

FinalApprovalDate:07/06/2023

FormReview

StartedOn:07/06/202304:21PM

Board of Commissioners

COMMISSIONERS

July 11, 2023

Darcy Mitchem

1405 Sightly Road

Toutle, WA 98649

Dear Ms. Mitchem,

www.co.cowlitz.wa.us

The Cowlitz County Board of Commissioners, at its regularly scheduled meeting today, July 11, 2023, were pleased to reappoint you to serve on the Park & Recreation Advisory Board. This is a 6-year term that expires December 31, 2029

We are grateful for your willingness to work in this capacity and delighted that you have agreed to serve

Sincerely,

Board of County Commissioners Of Cowlitz County, Washington

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis Weber, Commissioner

cc: Commissioner’s Record Public Works

Arne Mortensen District 1

Dennis P. Weber District 2

Richard R. Dahl District 3

CLERK OF THE BOARD

Kelly Dombrowsky

AS-12918

BOCCAgenda

MeetingDate: 07/11/2023

Consent12.d.

Letterdated7/11/23toJamesWasikappointmentSilverlakeWatershedAdvisoryCouncil

SubmittedFor: KellyDombrowsky,ClerkoftheBoard

SubmittedBy: KellyDombrowsky,ClerkoftheBoard

Department: CommissionersOffice

Information

SubjectandSummaryStatement

Letterdated7/11/23toJamesWasikappointinghimtotheSilverlakeWatershedAdvisoryCouncil.This termisfor4yearsandexpiresJanuary31,2027.

WillStaffAttend-NAMEOFSTAFF

DepartmentRecommendation

Attachments

Letter

FormStartedBy:KellyDombrowsky

FinalApprovalDate:07/06/2023

FormReview

StartedOn:07/06/202304:28PM

Board of Commissioners

COMMISSIONERS

July 11, 2023

James Wasik 410 Streeter Road

Silverlake, WA 98645

Dear Mr. Wasik,

TEL

FAX

www.co.cowlitz.wa.us

The Cowlitz County Board of Commissioners, at its regularly scheduled meeting today, July 11, 2023, were pleased to appoint you to serve on the Silver Lake Watershed Advisory Council. This is a 4-year term that expires January 31, 2027.

We are grateful for your willingness to work in this capacity and delighted that you have agreed to serve

Sincerely,

Board of County Commissioners Of Cowlitz County, Washington

cc: Commissioner’s Record WSU Extension

Richard R. Dahl, Chairman

Arne Mortensen, Commissioner

Dennis Weber, Commissioner

Arne Mortensen District 1

Dennis P. Weber District 2

Richard R. Dahl District 3

CLERK OF THE BOARD

Kelly Dombrowsky

BOCCAgenda

MeetingDate: 07/11/2023

AMENDMENTNo.1toProfessionalServicesAgreement-Gibbs&Olson-WoodbrookWastewater TreatmentPlantEvaluation

SubmittedFor: PatrickHarbison,PublicWorks

SubmittedBy: EmilieCochrane,PublicWorks

Department: PublicWorks

Information

SubjectandSummaryStatement

AttachedisAmendmentNo.1totheprofessionalservicesagreementwithGibbs&Olson,approvedon January3,2023,toprovidealternativestoreplacethecurrentWoodbrookWastewaterTreatment Plant.AfterpreliminarymeetingswiththeWashingtonStateDepartmentofEcology,itwasdetermined thatanInfiltrationandInflow(I&I)assessmentandbackgroundsamplingonOstranderCreekwere requiredpriortoevaluatingoptionsforreplacement.Thisamendmentistoincreasethedollaramount oftheagreementtoencompassthesetasks.

DepartmentRecommendation

ItistherecommendationoftheDepartmentofPublicWorkstoapproveAmendmentNo.1tothe professionalservicesagreementwithGibbs&Olsonforengineeringservicesrelatedtofinding alternativesfortheWoodbrookWastewaterTreatmentPlant.

FiscalImpact

ExpenditureRequired$: 101,400

BudgetSufficientY-N: Y

AmendmentRequiredY-N: N

SourceofFunds-WhatDept?:

GrantY-N:

AmendmentNo.1

OriginalAgreement

Attachments

AMENDMENT NO. 1 WOODBROOK WWTP EVALUATION PROJECT

This Amendment No. 1 modifies the Agreement for Engineering Services (Agreement) between Gibbs & Olson, Inc. (Engineer) and Cowlitz County, Washington originally executed on January 3, 2023, for a Project referred to as the Woodbrook WWTP Evaluation Project. The following modifications are made to the Agreement and all other terms and conditions remain unchanged:

The Agreement is extended through December 31, 2024

Engineer’s Scope of Work is modified to include preparation of an Infiltration and Inflow (I&I) Report and assistance with background sampling of Ostrander Creek as detailed in the attached Exhibit A – Scope of Work.

Engineer’s Budget is modified to provide for compensation for the additional work in Exhibit A – Scope of Work as summarized below and presented in detail in the attached Exhibit B –Budget Estimate.

GIBBS & OLSON, INC.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

By: Richard A. Gushman, PE Richard A. Dahl, Commissioner President

Arne

Mortensen, Commissioner

Dennis

Weber, Commissioner

ATTEST:

Clerk of the Board

June 14, 2023

Date Date

Attachments:

Exhibit A – Scope of Work

Exhibit B – Budget Estimate

File: 0145.8046

EXHBIT A SCOPE OF WORK ENGINEERING REPORT WOODBROOK I/I ANALYSIS

PROTECT DESCRIPTION

The County’s existing Woodbrook sewage collection system experiences considerable I/I that has led to several NPDES permit violations for inflow exceedances as well as, BOD and TSS reduction. This has prompted the County to undertake sewer planning with a new General Sewer Plan which will explore alternatives to bring the existing plant into compliance, replace the plant or close the plant and direct all flow to the Three Rivers Regional Wastew ater Plant.

However, it is well documented that there is excess ive infiltration and inflow (I/I) in the collection and conveyance system during the wet weather season and an evaluation needs to be performed to determine if it’s cost effective to reduce the I/I through rehabilitation or replacement of some or all of the collection and conveyance system piping so that capacity of the new plant, if needed, can be reduced.

The County desires the Consultant to prepare and su bmit an Engineering Report to the Washington State Department of Ecology (Ecology) that evaluates the collection and conveyance system for the sources of excessive I/I flow to the system, identifies alternatives for reducing the I/I in the system and presents a recommended alternative with design criteria for reducing the excessive I/I in the collection system. The report will be submitted to Ecology by September 31, 2023, for review and approval so the County can apply for an Ecology Clean Water grant/loan.

SCOPE OF WORK

This scope of work is for an Engineering Report tha t meets the requirements of Washington Administrative Code (WAC) Chapter 173-240-060. The report will assess the collection system for I/I. The report will include recommendations, design criteria, planning level opinion of total project cost, and a proposed schedule for design and construction of the recommended collection system improvements.

The County also desires to perform background water quality sampling of Ostrander Creek to obtain current data for the Reasonable Potential to Exceed spreadsheet. Engineer will prepare a Sampling Quality Assurance/Quality Control (QA/QC) Plan per Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , Publication 04-03-030 (Ecology, 2016). Lab testing will be performed for pH, temperature, alkalinity, ammonia, dissolved oxygen and hardness. Consultant will collect water samples from the creek and transport them to the ALS laboratory in Kelso for analyses in accordance with sampling and storage protocols to be provided by ALS.

Smoke testing, video inspection and heavy cleaning, if required, of main line sewer piping will be performed to obtain information about the condition of mainline piping and manholes.

ASSUMPTIONS

The following assumptions have been made by the Consultant in preparation of the scope of work and budget for this Agreement. If any of these assumptions are found to be invalid, the Consultant reserves the right to request an amendment be negotiated to modify the Scope of Work and Budget, if appropriate.

1. The County will provide flow data from January 2019 through April 2023.

2. No flow monitoring will be performed. Any smoke testing to be performed will be performed under a separate amendment with the County.

3. The County will provide a map of the existing sewer collection and conveyance system that shows all the piping.

4. The County review comments on draft report submittals will be provided to the Consultant within two weeks of the County’s receipt of each draft report submittal.

5. WAC 173-240-060 requires the Engineering Report to be sufficiently complete so that design plans and specifications can be developed from it without substantial changes.

6. Individual side sewers as a source of I/I will be evaluated as a potential source of I/I from the smoke testing.

7. The County will directly pay for the ALS laboratory testing.

REPORT PHASE ENGINEERING SERVICES

The Consultant's Scope of Work is as follows:

Task 1 - Project Administration, Management & Meetings

Consultant shall provide project administration and project management consisting of the following:

a) General project administration.

b) Coordination and management of subconsultants.

c) Monthly narrative progress reports during project to be included with monthly invoices.

Consultant will participate in the following video c onferences or in-person meetings as appropriate.

a) Project kickoff meeting

b) One site visit to meet with County to review site conditions and assess potential sources of I/I.

c) Draft report review meeting with County

d) Final draft report review meeting with County and Ecology

Task 2 - Gather and Review Background Data

Consultant will gather and review background information including pipe material and age data for the entire collection system.

Task 3 - Flow Evaluation

Consultant will analyze flow versus rainfall data from January 2019 through April 2023 to document the amount of I/I in the system during the wet weather.

Task 4 - Field Investigation

Consultant will perform field investigations of known or suspected sources of I/I such as manholes located in ditches, drainage low points, etc. Consultant has budgeted for one site visit by engineering staff and one day of surveying.

Consultant will arrange for and pay for smoke testing and CCTV inspection of the entire main line piping including up to two passes with a jet truck for pipe cleaning. Up to 20 hours of additional jet cleaning is budgeted as a contingency only.

Task 5 - Alternatives Evaluation & Determine Recommended I/1 Removal Projects

Consultant will determine if I/I is considered "excessive I/I" and if it’s cost effective to remove a portion of it through replacement of mainline collection piping and lining or replacing manholes.

If the I/I reduction work is sufficient, the report will state that. If not, the following steps will be required;

Consultant will identify and evaluate alternatives for removing excess I/I from the collection system. This will include evaluating lining of the existing piping compared to traditional dig and replace construction.

Consultant will estimate the amount of I/I that can be cost-effectively removed from the collection system.

Consultant will develop a prioritized list of recommended cost-effective I/I removal projects. Consultant will develop design criteria and plannin g level opinions of project cost for the recommended I/I removal projects.

Consultant will prepare an implementation schedule for recommended I/I projects.

Task 6- Prepare Draft & Final Report

Consultant will prepare a draft report and will sub mit this to the County for review and comment.

Consultant will review and address County comments, prepare a final draft report and provide three (3) hardcopies and one pdf electronic copy to the County. County will submit the three (3) hardcopies to Ecology for review and comment.

County will review and address Ecology comments, finalize the report and provide three (3) hardcopies and one pdf electronic copy to the County. County will submit the three (3) hardcopies to Ecology for approval.

Task 7 – Ostrander Creek Background Sampling Plan a nd Sampling

County will prepare a QA/QC Sampling Plan and will submit this to the County for review and comment before submitting the plan to Ecology. County will obtain required water samples from Ostrander Creek and deliver them to ALS for analysis. Ten sampling events will be required.

SCHEDULE:

Submit 50% draft report for County review within 3 months of notice to proceed.

Submit 90% draft report for County review within 4 weeks of Consultant’s receipt of County's 50% review comments.

Submit 100% report to County within 2 weeks of Consultant’s receipt of County’s 100% review comments.

BOCCAgenda

MeetingDate: 07/11/2023

LOCALAGENCYAGREEMENTANDFEDERALAIDPROJECTPROSPECTUS-CathlametSlideRepair

-ProjectNo.1235-ERPNo.786-WSDOT

SubmittedFor: SusanEugenis,PublicWorks

Department: PublicWorks

SubmittedBy: EmilieCochrane,PublicWorks

Information

SubjectandSummaryStatement

OnJanuary6,2022,heavyrainscausedasectionoftheCathlametRoadembankmenttobecome saturatedandslidedowntheslope.Theshoulderwaslost,andtheroadwaynolongerhasadequate support.Inordertorestoretrafficsafety,atemporaryrepairwascompletedtoshifttheroadawayfrom theslide.Aperforatedpipewasinstalledintheditchandcoveredwithgraveltosupporttheroadway.

Apermanentrepairhasbeendesignedtoexcavateslidematerialandestablishabenchbelowthe roadway,thenreconstructtheroadwayembankmentwithquarryspalls(3”-8”crushedrock).Boththe temporaryandpermanentrepairsareeligibleforreimbursementthroughtheFederalHighways AdministrationEmergencyRelief(ER)program.TheattachedLocalAgencyAgreementand Federal-AidProjectProspectusserveasthedocumentsnecessarytoobligateERfundsfortherepairs. Thetotalcostoftheprojectisapproximately$875,000.TheERprogramwillreimbursetheCountyfor 86.5%ofalleligiblepermanentrepaircostsand100%ofalltemporaryrepaircosts.

WillStaffAttend-NAMEOFSTAFForNo

ItistherecommendationoftheDepartmentofPublicWorksthattheBoardmovetoexecutesaidLocal AgencyAgreementandProjectProspectusforsubmittaltotheWashingtonStateDepartmentof Transportation.

Attachments

LocalAgencyAgreementandFederalAidProspectus

VicinityMap

Agency Address

Local Agency Agreement

CFDA No. 20.205 - Highway Planning and Construction

(Catalog of Federal Domestic Assistance)

Project No.

Agreement No.

For WSDOT Use Only

The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceedontheprojectbyaseparatenotication.Federalfundswhicharetobeobligatedfortheprojectmaynotexceedtheamount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.

A temporary repair was completed by installing a perforated pipe in the roadside ditch and filling the ditch with gravel to widen the roadway. The roadway embankment will be reconstructed with rock embankment construction supported on a bench excavated into the slope below the road.

ConstructionMethodofFinancing(CheckMethodSelected)

StateAdandAward

Method A -Advance Payment - Agency Share of total construction cost (based on contract award)

Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months.

Local Force or Local Ad and Award

Method C - Agency cost incurred with partial reimbursement

The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will complywiththeapplicableprovisionssetforthbelow.Adoptedbyocialactionon , , Resolution/Ordinance No.

Provisions

I.ScopeofWork

The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.”

When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the servicesdescribedandindicatedin“TypeofWork”onthefaceofthisagreement,inaccordancewithplansandspecicationsas proposed by the Agency and approved by the State and the Federal Highway Administration.

When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration.

II. Delegation of Authority

TheStateiswillingtofullltheresponsibilitiestotheFederalGovernmentbytheadministrationofthisproject.TheAgencyagrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awardstheproject,theStateshallreviewtheworktoensureconformitywiththeapprovedplansandspecications.

III. Project Administration

Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the TypeofWorkabove.Inaddition,theStatewillfurnishqualiedpersonnelforthesupervisionandinspectionoftheworkinprogress.On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance withapprovedplans,specications,andfederalaidrequirements.Thesalaryofsuchengineerorothersupervisorandallothersalaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.

IV. Availability of Records

All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance withlocalgovernmentaccountingproceduresprescribedbytheWashingtonStateAuditor’sOce,theU.S.Departmentof Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than threeyearsfromthenalpaymentofanyfederalaidfundstotheAgency.CopiesofsaidrecordsshallbefurnishedtotheStateand/or Federal Government upon request.

V. Compliance with Provisions

TheAgencyshallnotincuranyfederalaidparticipationcostsonanyclassicationofworkonthisprojectuntilauthorizedinwriting bytheStateforeachclassication.Theclassicationsofworkforprojectsare:

1. Preliminary engineering.

2. Right of way acquisition.

3. Project construction.

Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure.

If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the closeofthetenthscalyearfollowingthescalyearinwhichpreliminaryengineeringphasewasauthorized,theAgencywillrepayto the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).

Ifactualconstructionoftheroadforwhichrightofwayhasbeenpurchasedisnotstartedbythecloseofthetenthscalyear followingthescalyearinwhichtherightofwayphasewasauthorized,theAgencywillrepaytotheStatethesumorsumsoffederal

funds paid to the Agency under the terms of this agreement (see Section IX).

The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, eventhoughsuchadditionalworkisnancedwithoutfederalaidparticipation.

The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time.

VI. Payment and Partial Reimbursement

The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project.

The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.

The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX).

1. Project Construction Costs

Projectconstructionnancingwillbeaccomplishedbyoneofthethreemethodsasindicatedinthisagreement.

Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation shareofthecost.Whentheprojectissubstantiallycompletedandnalactualcostsoftheprojectcanbedetermined,theStatewill presenttheAgencywithanalbillingshowingtheamountduetheStateortheamountduetheAgency.Thisbillingwillbeclearedby either a payment from the Agency to the State or by a refund from the State to the Agency.

Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amounttobewithheldeachmonth.TheextentofwithholdingwillbeconrmedbyletterfromtheStateatthetimeofcontractaward. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings.

Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan.

The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).

VII. Audit of Federal Consultant Contracts

The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federalaidcostsontheproject.ThereportofsaidauditshallbeintheAgency’slesandmadeavailabletotheStateandtheFederal Government.

AnauditshallbeconductedbytheWSDOTInternalAuditOceinaccordancewithgenerallyacceptedgovernmentalauditing standardsasissuedbytheUnitedStatesGeneralAccountingOcebytheComptrollerGeneraloftheUnitedStates;WSDOTManual M27-50,ConsultantAuthorization,Selection,andAgreementAdministration;memorandaofunderstandingbetweenWSDOTand FHWA;and2CFRPart200.501-AuditRequirements.

If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX).

VIII.SingleAuditAct

The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources duringagivenscalyearshallhaveasingleorprogram-specicauditperformedforthatyearinaccordancewiththeprovisionsof2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted

promptly to the State.

IX. Payment of Billing

The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after theAgencyhasbeenbilled,theStateshalleectreimbursementofthetotalsumduefromtheregularmonthlyfueltaxallotmentsto the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs.

Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).

Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement.

X.TracControl,Signing,Marking,andRoadwayMaintenance

TheAgencywillnotpermitanychangestobemadeintheprovisionsforparkingregulationsandtraccontrolonthisproject without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement.

XI.

Indemnity

The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.

XII.

Nondiscrimination Provision

No liability shall attach to the State or Federal Government except as expressly provided herein.

The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOTassisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shallbetreatedasaviolationofthisagreement.UponnoticationtotheAgencyofitsfailuretocarryoutitsapprovedprogram,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).

TheAgencyherebyagreesthatitwillincorporateorcausetobeincorporatedintoanycontractforconstructionwork,ormodication thereof,asdenedintherulesandregulationsoftheSecretaryofLaborin41CFRChapter60,whichispaidforinwholeorinpartwith funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.

The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practiceswhenitparticipatesinfederallyassistedconstructionwork:Provided,thatiftheapplicantsoparticipatingisaStateorLocal Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract.

TheAgencyalsoagrees:

(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.

(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance.

(3)TorefrainfromenteringintoanycontractorcontractmodicationsubjecttoExecutiveOrder11246ofSeptember24,1965,with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order.

(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order.

In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the followingactions:

(a)Cancel,terminate,orsuspendthisagreementinwholeorinpart;

(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurreduntilsatisfactoryassuranceoffuturecompliancehasbeenreceivedfromtheAgency;and

(c) Refer the case to the Department of Justice for appropriate legal proceedings.

XIII. Liquidated Damages

The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph.

XIV. Termination for Public Convenience

The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,whenever:

(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.

(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources.

(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor.

(4)TheSecretaryisnotiedbytheFederalHighwayAdministrationthattheprojectisinactive.

(5) The Secretary determines that such termination is in the best interests of the State.

XV. Venue for Claims and/or Causes of Action

For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County.

XVI.CerticationRegardingtheRestrictionsoftheUseofFederalFundsforLobbying

Theapprovingauthoritycerties,tothebestofhisorherknowledgeandbelief,that:

(1)Nofederalappropriatedfundshavebeenpaidorwillbepaid,byoronbehalfoftheundersigned,toanypersonforinuencingor attemptingtoinuenceanoceroremployeeofanyfederalagency,amemberofCongress,anoceroremployeeofCongress,or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, ormodicationofanyfederalcontract,grant,loan,orcooperativeagreement.

(2)Ifanyfundsotherthanfederalappropriatedfundshavebeenpaidorwillbepaidtoanypersonforinuencingorattemptingto inuenceanoceroremployeeofanyfederalagency,amemberofCongress,anoceroremployeeofCongress,oranemployee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3)Theundersignedshallrequirethatthelanguageofthiscerticationbeincludedintheawarddocumentsforallsubawardsat all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.

Thiscerticationisamaterialrepresentationoffactuponwhichreliancewasplacedwhenthistransactionwasmadeorenteredinto. SubmissionofthiscerticationasaprerequisiteformakingorenteringintothistransactionimposedbySection1352,Title31,U.S. Code.Anypersonwhofailstoletherequiredcerticationshallbesubjecttoacivilpenaltyofnotlessthan$10,000andnotmorethan $100,000 for each such failure.

XVII. Assurances

Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).

Additional Provisions

Instructions

1. Agency Name and Billing Address – Enter the Agency of primary interest which will become a party to the agreement.

2. Project Number – Leave blank. This number will be assigned by WSDOT.

3. Agreement Number – Leave blank. This number will be assigned by WSDOT.

4.

a. Project Description – Enter the project name, total length of the project (in miles), and a brief description of the termini. Data entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus

Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to Main Street”

b. Description of Work – Enter a concise statement of the major items of work to be performed. Statement must be consistent with the description of work noted in the STIP and Project Prospectus.

Example:“OverlayRegalRoad;installcurb,gutter,andsidewalk;illumination;andtracsignalattheintersectionofRegal Road and Dakota Avenue.”

c. Project Agreement End Date – Enter the Project Agreement End Date (mm/dd/yy). This date is based on the project’s Period of Performance (2 CFR 200.309).

For Planning Only projects – WSDOT recommends agencies estimate the end of the project’s period of performance and add three years to determine the “Project Agreement End Date”.

For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the “Project Agreement End Date”. For Construction – WSDOT recommends agencies estimate when construction will be completed and add three years to determine the “Project Agreement End Date”.

d. Proposed Advertisement Date – At construction authorization only, enter the proposed project advertisement date (mm/dd/yy).

e. Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certicationandsupportingdocumentationisrequiredtobeavailableforreviewbyFHWA,WSDOTand/orStateAuditor. Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance.

TypeofWorkandFunding(Roundalldollaramountstothenearestwholedollar)

a. PE – Lines a through d show Preliminary Engineering costs for the project by type of work (e.g., consultant, agency, state services, etc.).

*Federal aid participation ratio for PE – enter ratio for PE lines with amounts in column 3.

• Line a – Enter the estimated amount of agency work in columns 1 through 3.

• Line b & c – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3.

• Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3.

• Line e – Total of lines a + b + c + d.

b. Right of Way – If a Right of Way phase is authorized on the project, the appropriate costs are shown in lines f through i.

*Federal aid participation ratio for RW – enter ratio for RW lines with amounts in column 3.

• Line f – Enter the estimated amount of agency work in columns 1 through 3.

• Line g & h – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3.

• Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3.

• Line j – Total of lines f + g + h + i.

c. Construction – Lines k through p show construction costs for the project by type of work (e.g., contract, consultant, agency, state services, etc.).

*Federal aid participation ratio for CN – enter ratio for CN lines with amounts in column 3.

4.

• Line k – Enter the estimated cost of the contract.

• Linesl,m,&n – Enter other estimated costs such as utility and construction contracts or non-federally matched contract costs.

• Line o – Enter estimated costs of all construction related agency work.

• Line p – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3.

• Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +p.

d. Total Project Cost Estimate

• Line r – Total Cost Estimate of the Project. Total of lines e + j + q.

*Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the participation rate entered becomes the maximum rate allowed.

6. Signatures–Anauthorizedocialofthelocalagencysignstheagreementandenterstheirtitleanddateofsignature(mm/dd/ yy). Note: Do NOT enter a date on the Date Executed line.

7. Method of Construction Financing–Choosethemethodofnancingfortheconstructionportionoftheproject.

a. Method “A” is used when the state administers the contract for the agency.

b. Method “B” is also used when the state administers the contract for the agency.

c. Method “C” is used with projects administered by the local agency. The agency will submit billings monthly through the state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state-force work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed.

8. Resolutions/Ordinances – When someone other than the County Executive/Chairman, County Commissioners/Mayor is authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual.

9. Parties to the Agreement – Submit one originally signed agreement form to the Region Local Programs Engineer. It is the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed agreementfortheirles.Theagreementisrstexecutedbytheagencyocial(s)authorizedtoenterintotheagreement. ItisthentransmittedtothestateforexecutionbyLocalPrograms.Theagreementisdatedatthetimeofnalexecutionby Local Programs.

Geometric

Class I - Environmental Impact Statement (EIS)

Project Involves NEPA/SEPA Section 404 Interagency Agreement

Class III - Environmental Assessment (EA) Project Involves NEPA/SEPA Section 404

The project is approximately 270 feet from a stream.

Class II - Categorically Excluded (CE) Projects Requiring Documentation (Documented CE)

Right of Way

No Right of Way Needed

* All construction required by the contract can be accomplished within the existing right of way.

Utilities

No utility work required

All utility work will be completed prior to the start of the construction contract

All utility work will be completed in coordination with the construction contract

Railroad

No railroad work required

All railroad work will be completed prior to the start of the construction contract

All the railroad work will be completed in coordination with the construction contract

DescriptionofUtilityRelocationorAdjustmentsandExistingMajorStructuresInvolvedintheProject

Existing underground utility lines will not require relocation or adjustment.

FAAInvolvement

Is any airport located within 3.2 kilometers (2 miles) of the proposed project? Yes No

Remarks

This project has been reviewed by the legislative body of the administration agency or agencies, or it’s designee, and is not inconsistent with the agency’s comprehensive plan for community development. Agency By Date

Mayor/Chairperson

AS-12896

BOCCAgenda

MeetingDate: 07/11/2023

TimedItems15.

9:45a.m.PublicHearing:AmendCCC18.56regardingCampgroundandRecreationFacilities

SubmittedFor: TraciJackson

Department: Building&Planning

SubmittedBy: JamieHopps

Information

SubjectandSummaryStatement

TheBoardofCountyCommissionerssetahearingforJuly11,2023at9:45a.m.,sothatinterested personsmaybeheardontheproposedamendments.AttachedistheOrdinancetoamendCounty Code18.56CampgroundandRecreationFacilities.

WillStaffAttend-NAMEOFSTAFF

TraciJacksonandAdamTrimble

DepartmentRecommendation

ItistherecommendationofCowlitzCountyBuildingandPlanningthattheCowlitzCountyBoardof CommissionersmovetoadopttheordinancetoamendCountyCode18.56.

Attachments

ProposedORDamendCCC18.56CampgroundBindingSitePlan

BEFORE THE BOARD OF COUNTY COMMISSIONERS O F COWLITZ COUNTY, WASHINGTON

In the Matter of Amending Chapter 18.56

Cowlitz County Code Regarding

Campground and Recreation Facilities

Ordinance No.___________

WHEREAS, current Cowlitz County Code (CCC) 18.56, Campground and Recreation Facilities, contains both Health Codes and Land Use and Development standards which leads to administrative challenges, and is a burden to citizens when expanding a pre-existing park , and was last updated 24 years ago, with many parts of the existing code duplicated in other local or state codes; and

WHEREAS, State Environmental Policy Act (SEPA) review was completed for the proposed replacement of the Campground and Recreation code with the proposed Campground Binding Site Plan Code with a determination of non-significance issued on February 10, 2022 and a 14 day public comment period ending February 24, 2022; and

WHEREAS, the proposed amendments shorten and simplify the development cod e, reduce regulatory burden to expand existing parks and remove duplicative inspection requirements; and

WHEREAS, staff counts 26 parks in unincorporated Cowlitz County comprising 1,682 spaces total, with a median park size of 46 spaces; and

WHEREAS, the Planning Commission opened a public hearing on proposed amendments to CCC 18.56 at the September 21, 2022 regular meeting and held it over to the October 19, 2022 regular meeting before closing the hearing and voting unanimously with 1 abstention, to recommend the Board of County Commissioners adopt the proposed changes; and

WHEREAS, the Board of Commissioners has held a Public Hearing and has determined that it is in the best interest of the citizens of Cowlitz County to amend CCC 18.56; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cowlitz County, State of Washington that a new Cowlitz County Code Chapter 18.56 be adopted as follows::

Section 1. Ch 18.56 CCC is hereby repealed, and adopted, amended and revised as follows:

Sections:

Chapter 18.56

Campground Binding Site Plan Code

18.56.140

15.56.010 Title.

The ordinance codified in this chapter shall be known as the “Campground Binding Site Plan Code.”

18.56.020 Purpose.

The Board of County Commissioners deems it necessary to establish standards and procedures set forth in this chapter for the following purposes:

A. To assure the development of planned Campgrounds compatible with existing land uses;

B. To assure the orderly development of Cowlitz County consistent with the Comprehensive Plan;

C. To provide, pursuant to authority provided in RCW 58.17.035 and 58.17.040(5), for a binding site plan method of land subdivision in unincorporated Cowlitz County for purposes of lease of commercial property where camping units are p ermitted to be placed upon the land.

D. To establish a procedure which promotes the timely review of Campground developments in Cowlitz County;

E. To promote public health, safety, and general welfare;

18.56.030 Definitions.

For the purposes of this chapter the following terms are defined:

“Binding site plan” means a drawing prepared to a scale, approved and recorded in conformance with this chapter, that identifies and shows: (1) the proposed division of land for the purpose of leasing spaces for use of areas or spaces in campgrounds; (2) the areas and locations of all roads, streets, improvements, utilities, open spaces and other matters required by this chapter; (3) inscriptions or attachments setting forth the limitations and conditions for use of the land; and (4) provisions that subsequent site development conform with the recorded binding site plan.

[RCW 58.17.020(7)]

“Cabin” means a structure that does not exceed 400 square feet, designed for temporary guest use within a commercial campground: Cabins may be constructed as follows:

1. A Camping Cabin means a hard-walled, permanent structure that includes a sleeping area

2. A Tent Cabin means a semi -permanent structure with fabric walls and conventional or nonconventional construction that includes a s leeping area

“Campground” means any parcel or tract of real property that is designed for camping, recreational vehicle camping, or outdoor recreation and containing three or more camping spaces offered for the use of the public or members of a private or religious organization. Campgrounds may also possess any combination of primitive, semi -primitive, or developed camping spaces. Campgrounds possess camping spaces and may include camping units, as defined herein.

“Camping space” means a specific area designed for camping and for placing a camping unit, of sufficient size to accommodate the camping unit(s) for which it is designed. Individual camping spaces may be considered ‘developed’, ‘semi-developed’, or ‘primitive’, depending on site improvements and av ailability of utilities and facilities at each camping space.

“Camping unit” means a portable structure, shelter, or vehicle designed and intended for occupancy by persons engaged in camping. This term is intended to be generic to include, but not be limited to, recreational vehicles, tents, tent cabins, park model trailers as defined under Chapter 46.04.622 RCW and WAC 296-150P-0020(37), and camping cabins.

“Commercial coach” means a structure transportable in one or more sections that is built on a permanent chassi s, certified by the Washington State Department of Labor and Industries, designed to provide commercial quarters which may be connected to utilities necessary for operation of installed fixtures and appliances.

“Commercial forest” means a tract of land fiv e acres or larger classified as “designated forest land” pursuant to Chapter 84.33 RCW, as it now exists or is hereafter amended.

“Construction campground” means a campground utilized for only a temporary basis during construction activity and where all camping spaces and any camping units are to be removed within 15 days after completion of the construction project. Construction campgrounds provide temporary camping spaces for occupancy by persons employed for the specific construction project for the duration of a valid building permit issued by the department for the subject property.

“Day use area” means a recreational facility established or maintained for picnicking and other daytime uses, where no overnight or extended parking or camping is permitted on the premises.

“Department” means the Cowlitz County Department of Building and Planning, or as may be renamed or reorganized.

“Deck” means a structure, typically made of wood, with or without a roof, supported by posts or columns that may stand independently or be partially supported by a camping unit.

“Director” means the Director of the Department of Building and Planning, or designee.

“Group Camping” means an area or combination of spaces within a Campground regulated under this chapter, with sufficient Health Official approved utilities to serve the designed number of users. Group camping spaces shall center around a common area or feature, and be labeled on the site plan.

“Hearing Examiner” means the Cowlitz County Hearing Examiner pursuant to Chapter 2.05

“Health Official” means the health officer of the county or a representative authorized by and under the direct supervis ion of the local health officer, as defined in chapter 70.05 RCW

“Landscaping Plan” means a plan produced by an individual, or by a qualified professional such as a Landscape Architect, Habitat Biologist, or Certified Arborist if determined necessary by the Director, that details the landscaping proposed within and along the perimeter of the campground.

“Lease” means an oral or written contract for the use, possession, or occupancy of property. The term includes “rent.”

“Lodging Facilities” means permanent individual units for guests. Examples may include hotels, motels , lodges, or shared cabins.

“Lot” means any lawfully created parcel, tract, division or subdivision as determined in 18.02.040.

“Manufactured home” or “Mobile Home” means a structure, designed and constructed to be transportable in one or more sections and built on a permanent chassis, and designed to be used as a residential dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The structure must c omply with the National Mobile Home Construction and Safety Standards Act of 1974 as adopted by Chapter 43.22 RCW, if applicable. [RCW 46.04.302]

“Outdoor communal areas” means areas within a campground where people are likely to congregate. These areas include, but are not limited to stores, clubhouses, outdoor restaurants, pools, communal fire pit facilities.

“Pad” means the area within a camping space where a camping unit is parked or placed.

“Park model trailer” means a vehicular unit as defined under RCW 46.04.622 an d WAC 296-150P -0020(37).

“Person” means any individual, firm, corporation, partnership, association, or agency of state, county or municipal government.

“Recreational vehicle” or “RV” means a vehicular unit primarily designed for recreational camping, tra vel or seasonal use as defined in RCW 43.22.335(7). Recreational vehicles are of two types:

1. “Dependent unit” means a recreational vehicle that has no sewage disposal holding capacity and/or devices for connecting sewage disposal facilities to a communit y waste disposal system. Occupants of such units are dependent upon external water and waste disposal systems that cannot be connected to the unit.

2. “Independent unit” means a recreational vehicle containing holding capacity for potable water, gray water and human wastes, and/or has devices for connecting to sanitary sewers or on -site waste disposal systems, or pumping stations for waste disposal. Occupants of such units may be independent of external water and waste disposal systems for a limited period because such systems are constructed in the units. However, on-board water systems must be replenished, and on -board gray water and human waste receptacles must be emptied in proper facilities from time to time.

“Recreational vehicle storage area” means an area of land, operated by a business that leases or rents secured storage spaces, used substantially for the purpose of storing two or more unoccupied recreational vehicles.

“Screening” means vegetation, a fence, or earthen berm, or combination thereof, t hat provides a visual and noise barrier between sites or a campground perimeter.

“Tent” means a transportable temporary shelter, consisting of fabrics or skins stretched over a flexed or rigid framework, that is set up and used on a camping space.

18.56.040 Applicability.

All Campgrounds operated in Unincorporated Cowlitz County shall conform with this chapter.

A. The proposal to establish, construct, alter, expand, or modify a Campground in unincorporated Cowlitz County shall comply with the requirements of this chapter.

B. Alterations and additions of accessory buildings, accessory facilities, and utilities within a Campground shall be exempt from the Binding Site Plan and Hearing Examiner Requirements of this chapter, provided that all other applicable permitting is received.

C. Compliance with state and county health codes, including Ch. 15.45 CCC “Health & Sanitation of Recreational Facilities” shall be required for the operation of any campground, whether currently established or to be established, constructed, altered, expanded, or modified.

18.56.050 Exemptions.

The following are exempt from the provisions of this chapter, unless otherwise specified in this chapter:

A. Legally non-conforming Campgrounds;

B. Utility installation or alteration at legally conforming and non -conforming Campgrounds, including sanitary sewer, septic systems, potable water, internet, cable, vehi cle charging stations, and electrical; provided that the number of camping spaces does not increase, and all applicable permitting is received;

C. Day use areas;

D. The removal and replacement of a camping unit of the same or different type within the same camp ing space provided all water, sanitation, construction, and placement permitting is received;

E. Recreational vehicle storage areas;

F. Temporary Campgrounds; per 18.56.065;

G. An undivided lot is authorized for temporary non -commercial use by up to two recreationa l vehicles or two camping sites, provided the units are independent or the lot has health authority approved potable water and sanitary facilities;

H. Camping on land designated Remote or Economic Resource Land – Forest Resource Land in the Comprehensive Plan, provided that the camping space(s) is temporary, non -commercial, and dispersed;

18.56.055

Administration

The expansion or establishment of a Campground shall be reviewed as follows:

A. Expansions of both legally non-conforming or conforming Campgrounds shall be reviewed as specified below; infrastructure upgrades are not required for the existing campground, provided the Director’s Interagency Review finds there are no public health, fire, access, or safety issue which must be remediated or corrected pursuant CCC 18.56.040(C), or other applicable safety standards.

1. 5 or fewer spaces within previous 5 year timeframe - The Preliminary application shall be reviewed Administratively as provided in CCC 18.56.057

2. More than 5 spaces within previous 5 year timeframe - The Preliminary application shall reviewed by Hearing Examiner as provided in CCC 18.10.280

B. New Campgrounds – Any number of spaces, provided:

1. The Preliminary application is reviewed by Hearing Examiner as provided in CCC 18.10.280

18.56.057

Authority

The Director or designee shall administer, interpret, and enforce this chapter. The Director shall have the administrative authority to:

A. Issue permits for temporary and construction campgrounds;

B. Issue preliminary approval of a minor expansion, pursuant to CCC 18.56.055.A.1 and CCC 18.56.080

C. Approve a final binding site plan for a Campground that conforms with its app roved preliminary site plan, and all other applicable development and health regulations;

D. Perform or cause to be performed certain inspections of campgrounds;

E. The Director shall provide such forms and establish such procedures as may be necessary to admini ster this chapter.

18.56.060 Preliminary consultation required

A Preliminary Consultation with relevant agencies as determined by the director is required for the development, expansion, or major modification of a Campground;

18.56.065

Temporary use permits

Temporary or Construction Campgrounds, upon a demonstration by the owner or operator that the site conforms to all applicable requirements and upon the issuance of a temporary campground permit by the Director and Health Official and, provided, that the temporary facility is removed after use. Temporary use permits for a residential, commercial, or construction campgrounds may be issued by the Director for a specific date range. However, all other compliance, including prohibiting permanent connection of utility services, will be required. No public hearing shall be required for the issuance of such temporary use permit. The intent of this section is to use campgrounds for a limited period of time for the public welfare, and under circumstances and which would otherwise be prohibited by this chapter and RCW 58.17. Temporary Campgrounds not associated with permitted construction shall not exceed 14 days of operation.

The requirements of CCC 5.10 may also be applicable to Temporary Campgrounds.

18.56.070

Complete application.

A. A person desiring to develop or modify a Campground shall make preliminary application in the Department, on such forms as are made available by the Department.

B. The following information shall be shown on a site plan map drawn to scale of not less than one inch equals 100 feet:

1. The name, address, telephone number and email address of the applicant(s) (and the owner(s), if different from the applicant);

2. The name and location of the proposed Campground ;

3. The area, dimensions and general legal description (quarter section, section, township, range, tax p arcel number) of the tract(s) of land;

4. The true north direction arrow, scale at which the plan is prepared, and date;

5. Project phasing, if proposed;

6. The number, area and dimensions, and location of all camping spaces. Spaces and streets shall be numbered in an orderly sequence consistent with CCC 18.90;

7. Anticipated location of all camping spaces and accessory structures within the facility, sufficient to demonstrate setback requirements can be met;

8. A vicinity map drawn to scale showing the rel ationship of the proposed site plan to existing streets, natural features and landmarks in the general area;

9. The number and location of all off -street parking spaces at commercial destinations within the facility;

10. The location and width of streets a nd walkways on and abutting the site;

11. Location, dimension, setbacks and use of all structures to be constructed or altered within the facility;

12. The area dimensions and location of any recreation or open space, if provided;

13. The density calculati on of the campground;

14. The location and type of perimeter vegetative screening or fencing

15. The location of existing vegetation to be preserved and proposed on -site landscaping;

16. Critical areas located on or within 200 feet of the subject property;

17. Existing and proposed topography at two -foot contour intervals;

18. Proposed improvements necessary for compliance with Chapter 16.20 CCC, Stormwater Management in Rural Areas, or Chapter 16.22 CCC, Stormwater Management in the Unincorporated Urbanized Area, as applicable;

19. The method and plan for the provision of sewage disposal, including expected design flow, garbage disposal, and electrical service, including outside lighting;

20. The method and plan for the provision of potable water, including evidence of compliance will all other applicable codes

21. Location of all existing and proposed easements pertaining to property;

22. Location, size and type of proposed signs;

C. The following information shall be provided by the applicant:

1. An environmental checklist

2. A Traffic Impact Analysis prepared by an engineer registered in the State of Washington for any expansion of an existing or new Campground that generates an additional 100 Ave rage Daily Trips or 10 Peak hour trips, as defined by the County Engineer.

3. An estimate of the amount of total on -site grading including the amount and type of material to be excavated or used for fill.

4. Landscaping Plan, as defined and if required under this chapter. Such a plan shall include: perimeter markings, signage, fencing, screening species type, location, spacing, and horticultural care.

D. The Director may require, and/or the applicant may provide, such other information as deemed important in the evaluation of the proposed campground plan.

18.56.080 Application procedures for preliminary site plan approval.

Upon receipt of a complete application for preliminary site plan approval, the Director shall affix a file number and date of receipt on the application and begin processing the application as set forth below. Where possible, the Director shall coordinate the processing of an applicat ion for preliminary site plan approval for Campground concurrent with the requirements of other statutes, regulations or ordinances, including but not limited to, Chapters 19.11 and 19.15 CCC.

A. Interagency Review. The Director shall circulate as deemed necessary the application to applicable federal, state, and local departments and agencies for comment. This interagency review may be conducted simultaneously with review under the State Environmental Policy Act (SEPA).

D. Director’s Report. The Director shall prepare a report based on internal and Interagency Review of findings, recommendations, and conditions. Findings shall address the proposed application’s consistency with the Comprehensive Plan, this chapter, and other applicable regulations.

E. If required by 18.56.055, the Director shall set a date and provide notice of the Public Hearing as provided in CCC 18.10.280.

F. Criteria for Decisions. In reviewing and deciding on applications for preliminary s ite plan approval for a campground, the decision to approve, approve with conditions, or deny an application shall be based on consideration of, the extent to which the proposed campground is:

1. Compatible with other existing uses within the general area; and

2. Consistent with goals, policies, objectives, and recommendations of the Cowlitz County Comprehensive Plan and if applicable, the shorelines management master program; and

3. In conformance with the uses allowed in the zoning classifica tion within which the subject property is located; and

4. Meets all applicable requirements and standards of this chapter.

G. Duration of Preliminary Site Plan Approval. Preliminary site plan approval shall be effective for five years from the date of approval. If a final binding site plan is not approved and recorded within this five -year time period, preliminary site plan approval shall expire; provided, however, if the applicant completes and files all plans and specifications and substantially meets all conditions required as part of the preliminary approval, and the applicant requests an

extension at least 30 days prior to the expiration date, the Director may grant one two -year extension of preliminary application approval, during which time all constr uction shall be completed or guaranteed. Failure to complete construction of required improvements or provide satisfactory assurance of completion in the manner provided in CCC 18.32.660 within the two -year time extension period shall result in rescission of preliminary site plan approval, and it shall be necessary to resubmit an application for preliminary approval if the project is to continue. Any resubmitted application shall be subject to the regulations in effect at the time of resubmission.

18.56.100 Minimum land use and site design standards

Each campground in unincorporated areas shall meet the following standards:

A. Size. The minimum acreage for a campground shall be a half acre.

B. Camping Space Standards. Standards for camping unit spaces within campgrounds, shall be as follows:

1. No more than three camping units shall occupy any individual space in a campground at any time. Only one recreational vehicle shall occupy an individual space at any time, though a camping space may be occupied by one recreational vehicle and one or two tents. Group camping areas may be exempt from this camping unit threshold if they have a designated and limited user capacity.

2. No decks, porches, or other exterior additions shall be attached to a recreational v ehicle or constructed or erected on a camping space; provided, however, that an awning designed as part of and permanently attached to a recreational vehicle shall be allowed.

3. Wheels and tires shall not be removed from any recreational vehicle. Wheels and tires may be removed from park model trailers, mobile, or manufactured homes with CCC 16.08 Placement permit approval.

4. Skirting shall be allowed for temporarily parked units if below -unit utility connections are easily visible through removable panels, inspection windows, or other similar means.

5. Americans with Disabilities Act compliant access to an individual camping unit is allowed.

6. Grading and Surfacing. All camping spaces shall be graded nearly level. All -weather surfaces shall be provided for recreational vehicle pad areas.

7. Outdoor Communal areas. To the extent possible, these areas should be located where noise does not trespass onto neighboring parcels.

8. Interior Fences, Screens, and Walls. Vegetative screening between spaces shall be allowed. No fence or wall shall be erected between camping unit spaces, except: 1. A retaining wall or a guardrail may be installed for safety purposes, or 2. Fences to corral stock animals.

9. Lot Identification Numbers. Camping space numbers at leas t four inches in height shall identify each space and shall remain readily identifiable while in use.

10. Natural and landscape vegetation shall be retained and maintained along exterior property lines and within exterior setback areas of the campground to the maximum extent possible.

11. Setback standards are as listed in Table 1. :

Table 1 – Minimum Setback Standards

With spaceside electricity

Without spaceside electricity

Camping space boundary to exterior side property line See underlying Zoning Double the underlying Zoning

Camping space boundary to exterior rear property line See underlying Zoning Double the underlying Zoning

Camping space boundary to exterior front property line See underlying Zoning

*Note: Building, Fire Code, and Density Bonus Setbacks may exceed these minimum setbacks.

In addition, no camping unit shall be placed or parked within a required setback area. Uses in setback areas shall be restricted to underground utility lines, exterior bound ary fences, or security posts, and landscape vegetation; provided, a towed passenger vehicle, other than a recreational vehicle, may be parked within an internal front yard setback area required for an individual camping unit space.

C. Exterior Screening. To reduce undue intrusions of noise, light, odors, or foot traffic, exterior boundaries shall be fenced and/or screened with vegetation.

1. Fences shall be no less than six feet in height, and shall be sight obscuring. Any such fenc e shall be installed prior to operation. Any fence shall be neutral in color and blend with the surrounding area. The fencing requirement may be waived if the campground owner is also the owner of the contiguous residence.

2. Vegetative Screening shall be no less than five feet tall within one year of operation. Plantings must not be more than five feet apart and shall grow to form a continuous border. Vegetative screening species should be hardy and adapted to the local habitat. Vegetative screening shall be continuously maintained in a neat and tidy manner.

3. Campgrounds adjacent to areas designated Economic Resource Land – Forest Resource Land or Remote in the Comprehensive Plan may propose alternatives to screening where long -term land use compatibility can be demonstrated.

3. Campgrounds adjacent to areas not designated Economic Resource Land – Forest Resource Land or Remote in the Comprehensive Plan may propose screening alternatives documented in a Landscaping Plan.

D. Roads. The road system, both within and adjacent to the proposed campground, shall be designed to meet the requirements of the County Fire Marshal and the traveling public to include the following:

1. Campgrounds shall have legal and permanent access to an improved public or private road.

2. The grade of any interior road shall not exceed 12 percent.

3. All interior roads shall be constructed to county fire apparatus access standards. All -weather surfaces shall be provided for all roads and parking areas.

4. One-way interior roads shall be constructed with a minimum surface width of 12 feet, and shall be designated “no parking.”

5. Two-way interior roads shall be constructed with a minimum surface wi dth of 20 feet, and shall be designated “no parking.”

7. Minimum vertical clearance on all roads shall be 13 feet, 6 inches.

8. Interior roads shall be clearly marked at each intersection to identify traffic directions and camping space numbers served by the road.

E. Stormwater. Stormwater facilities shall be designed pursuant to CCC Chapter 16.

F. Parking. A campground shall meet the following parking standards:

1. There shall be no on -street parking, except where additional width, parking stall striping, and signage affords access to Emergency and Service vehicles.

2. Parking shall be provided at or near each camping space and campground office or entrance

3. Guest parking stalls must be provided throughout the park at a minimum of one parking stall per 8 camping spaces

4. Automobile Parking Spaces shall not be required at camping spaces dedicated to walk -in hikers or touring cyclists

G. Septage Disposal. Campgrounds shall be served by sanitary sewer, septic systems, improved vault toilets, or other means pursuant to state and county regulations, and as approved by the county health official.

H. Density. The standard maximum density for campgrounds shall not exceed 15 camping spaces per gross acre; provided, that such density is compatible with neighborho od land uses and meets all other standards within this Section. Density may further increase to a maximum of 25 camping spaces per gross acre with:

1. The provision of extra vegetative screening to neighboring parcels as proposed through a Landscaping Plan , and

2. All Fire pits are prohibited within 100 feet of all exterior property lines and Communal fire pits should be placed with consideration of hazard to the surrounding environment.

I. Lighting. Lighting shall be provided at internal intersections and Outdoor Communal areas. Lighting shall not be required at primitive campgrounds. All lighting shall be shielded to limit trespass onto neighboring parcels and roads.

J. Fire Protection. Fire safety precautions shall be provided as required by CCC 16.05.080 as written or hereafter amended, and:

1. Fire pits and barbecue pits shall be affixed to the ground

2. Fire and barbecue pits shall be setback 100 feet from exterior property lines that abut Commercial Forest land as defined by this chapter. Community fire pits are encouraged.

K. Caretaker Units. Up to three caretaker units may be allowed per Campground and Recreation Facility for the use of the owner, operators, or caretakers. A caretaker unit may be a permanent dwelling, manufactured home, m odular unit, temporary camping vehicle, or temporary camping space, and shall meet the follow requirements:

1. Caretaker units may have full utility connections designed for permanent use.

2. Up to three manufactured homes may be permanently placed in acc ordance with CCC 16.08 for residential occupancy by caretaker staff.

3. The density of caretaker units shall not exceed the densities otherwise allowed in the Comprehensive Plan and Land Use Ordinance.

4. Accessory Dwelling Units shall not be permitted wi thin facilities subject to this chapter.

L. Manufactured and Modular Units. Mobile and Manufactured Homes shall not be allowed to be placed or stored within facilities subject to this chapter, except as allowed in 18.56.100.K. Additional manufactured home s and/or modular structures not to be used for human habitation or dwelling purposes may be placed onsite so long as their occupancy and placement conforms with the applicable requirements of the International Building Code.

M. Accessory Uses. Accessory uses may be allowed. The appropriateness of all proposed accessory uses and their compatibility with adjacent land uses will be considered as part of the site plan review. Each accessory use or structure shall be accessible by improved pedestrian path.

N. Lodging Units are allowed if the proposed density is permitted within the Comprehensive Plan and Land Use Ordinance.

O. Open Space and Recreation. A minimum eight percent of the total site area within the campground shall be set aside as open space or set aside and developed for active or passive recreation space.

18.56.110 Site development.

Following preliminary site plan approval, the applicant shall proceed with completion of engineering plans and specifications for roads, water, sewage disposal, drainage and stormwater treatment, power, cable, and other utility services. Following approval of the engineering plans and specifications, construction of the campground may commence in conformance with the approved plans and spe cifications. Any deviation from the approved plans shall be subject to written approval from the Director. Following installation and construction of the required improvements,

as-built plans for the water system, sewage disposal system, road construction, storm drainage, and other improvements shall be prepared and certified by an engineer registered in the State of Washington. Two copies of the certified as-built plans shall be submitted with the final binding site plan.

18.56.120 Final binding site plan approval.

A. Per RCW 58.17.035, a Binding Site Plan is required for all Campgrounds subject to this chapter.

B. The Director shall grant final site plan approval if they find that the proposed campground satisfies the following:

1. The requirements of this chapter relating to final binding site plans;

2. The approved preliminary site plan;

3. Conditions of preliminary site plan approval.

C. Campgrounds with preliminary site plan approved phasing shall only receive final binding site plan approval for phases with permitted, installed, and complete infrastructure.

D. The operator of a campground must establish and publicly display rules for the management of the Campground. The rules shall include, at a minimum: the approved number of spaces and type of space s, campground-wide; the manager’s contact details; and outdoor fire policies.

E. The Director shall make available to the applicant and to the public its decision and findings of fact upon which its decision is based.

18.56.125 Final binding site plan app roval – Certification and recording.

A. Any expansion in the number of camping spaces shall reference the binding site plan previously approved through Cowlitz County Code or include all existing campground areas in the new binding site plan.

B. The final site plan shall be drawn at scale in black ink on 18 -inch by 24-inch paper. The final site plan shall contain, but not be limited to, all information necessary to demonstrate conformance with the preliminary site plan approval:

1. Location of all roa ds, camping spaces, parking spaces, complete legal description, external setbacks, open space, exterior fencing or buffering, property lines, stormwater systems, easements, restrooms, showers, sanitation systems including septic or sewer systems, fire hydr ants and reservoirs, solid waste disposal sites, cabins, caretaker unit locations, permanent buildings and other structures;

2. Identification of critical areas and human made waterways impacting the campground, and necessary critical area buffer(s). Appro priate buffer restriction language must be included on the site plan;

3. The site number and location of each camping space; additionally, the total number of camping spaces, campground-wide, must be written on the site plan, An inset may be used to show a typical camping space and illustrate setbacks and space improvements in lieu of showing individual setbacks and improvements for each camping space;

4. Signature block for the following county officials: Director, Health Official, County Engineer, County Treasurer, and County Auditor, or authorized designees or deputies;

5. Signature block of all individuals having interest in the property, certified by a notary public;

5. Other information as may be required by the Director;

C. Signature. After circulating the final site plan to county officials for signature; The Director shall sign final site plan pursuant to 18.56.120

D. Recording. The original shall be recorded with the County Auditor’s signature and a copy shall be retained in the Department. The applicant shall pay the recording fee. A campground shall not be considered approved until the final binding site plan has been signed by the director, and recorded with the County Auditor.

18.56.130

Violations – Penalties.

A. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the general penalties in CCC 1.01.090, and subject to a gross misdemeanor in violating or assisting in the violation of Ch. 58.17 RCW. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any pro vision of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided for herein. The violation of any provision of this chapter shall also be subject to civil infraction and penalties under CCC 2.06.

B. Notwithstanding the existence or use of any other remedy, the Director may seek legal or equitable relief to enjoin any acts or practices and abate as a public nuisance any conditions or actions which constitute or will constitute a violation of this chapter and other regulations incorporated within this chapter.

18.56.150 Fees and charges.

A. Fees and charges for processing preliminary and final Campground site plans, checking and approving plans and specifications, performing inspectio ns, recording final site plans, holding hearings, processing appeals, and other administrative actions under this chapter, shall be as from time to time established by resolution of the Board.

B. The preliminary approval or final approval shall be transfer able from one person to another person at the same location. Written notice shall be provided to the Building and Planning Department upon change of ownership.

18.56.155 Variances.

A variance from the numerical standards in this chapter, may be granted pur suant to CCC 18.10.340 through 18.10.355, except the following:

A. Under CCC 18.56.100: (E) Stormwater; (H) Density; (K) Caretaker

B. The Expansion Standards under CCC 18.56.055.

18.56.160 Appeals.

A person aggrieved by a decision under this Chapter may appeal said decision to the Hearing Examiner pursuant to CCC 2.05.060.

SECTION 2. Severability. The provisions of this ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, paragraph subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraph su bsections, clauses or phrases may subsequently be found to be unconstitutional or invalid.

SECTION 3. Repeal and Savings Clause. Existing Chapter 18.56 CCC and Ordinance No. 98194 are hereby repealed, and a new Chapter 18.56 CCC is hereby adopted, and code amended and revised as set forth above. Such repeals, and adoption, amendments and revisions shall not be construed as affecting any existing right or registration acquired under the ordinances or portions of ordinances repealed or amended, nor as affecting any proceeding instituted

thereunder, nor any rule, regulation, or order promulgated thereunder, nor the administrative action taken thereunder. Notwithstanding the foregoing actions, obligations under such ordinances or as to such registrations issued thereunder and in effect on the effective date of this ordinance shall continue in full force and effect, and no liability thereunder, civil or criminal, shall be in any way modified.

SECTION 4. Only code adoptions and amendments in Section 1, above, shall be codified.

SECTION 5. These regulations are in the public interest and shall take effect immediately.

PASSED IN REGULAR SESSION THIS ____ day of _________, 2023, after a public hearing was held on ___________, 2023 at ________a.m., pursuant to Notice published in the Longview Daily News on ___________, 2023.

APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS RYAN JURVAKAINEN, Prosecuting Atty. OF COWLITZ COUNTY, WASHINGTON

Douglas E. Jensen, Chief Civil Deputy

Richard R. Dahl, Chairman

ATTEST: Dennis P. Weber, Commissioner

Clerk of the Board

Date

Arne Mortensen, Commissioner

AS-12897

BOCCAgenda

MeetingDate: 07/11/2023

TimedItems16.

10:00a.m.PublicHearing:CreateCCC15.45regardingGeneralSanitationRequirementsforCowlitz CountyCampgrounds

SubmittedFor: CaroleHarrison

Department: Health/HumanServices

SubmittedBy: JamieHopps

Information

SubjectandSummaryStatement

TheBoardofCountyCommissionerssetahearingforJuly11,2023at10:00a.m.,sothatinterested personsmaybeheardontheproposedcode.AttachedistheOrdinancetocreateCountyCode 15.45GeneralSanitationRequirementsforCowlitzCountyCampgrounds

WillStaffAttend-NAMEOFSTAFF

GenaJamesandSeasonLong

DepartmentRecommendation

ItistherecommendationofCowlitzCountyHealthandHumanServicesthattheCowlitzCountyBoard ofCommissionersmovetoadopttheordinancetocreateCountyCode15.45.

Attachments

ProposedORDcreateCCC15.45GeneralSanitationRequirements

FinalApprovalDate:06/21/2023

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Creating Chapter 15.45 Cowlitz County Code)

Regarding Campground and Recreation Facilities

) Ordinance No.___________

WHEREAS, current Cowlitz County Code (CCC 18.56) has been repealed, and new code adopted and amended to remove all reference to Health Codes which addressed administrative challenges and reduce the burden to citizens when expanding a pre-existing park; and

WHEREAS, State Environmental Policy Act (SEPA) review was completed for the proposed new chapter 15.45 ‘General Sanitation Requirements for Cowlitz County Campgrounds’ to be added under Title 15, Water, Sewer and Waste Disposal, with a determination of non-significance issued on November 2, 2022 and a 14 day comment period ended November 16, 2022; and

WHEREAS, the Board of Health held a public meeting to consider adopting the creation of CCC 15.45 at the March 8, 2023 public meeting and voting the code to be adopted through the Board of County Commissioners ; and

WHEREAS, the Board of Commissioners held a Public Hearing and has determined that it is in the best interest of the citizens of Cowlitz County to adopt the creation of a new chapter of code as Chapter 15.45 CCC - General Sanitation Requirements for Cowlitz County Campgrounds; and

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cowlitz County, State of Washington that a new Cowlitz County Code Chapter 1 5 45 be adopted as follows:

Section 1. A new Chapter 15.45 CCC is hereby adopted as follows:

Chapter 15.45

General Sanitation Requirements for Cowlitz County Campgrounds

Sections:

15.45.010 Title.

The ordinance codified in this chapter shall be known as the “General Sanitation Requirements for Cowlitz County Campgrounds.”

15.45.020 Purpose.

The purposes of this chapter are:

A. To ensure the public health, safety and welfare of all campgrounds withi n Cowlitz County, including incorporated and unincorporated areas, through the application of health regulations adopted pursuant to authority and responsibility granted to the local Health Official under section 70.05.070 RCW

B. To prevent imminent health threats and thereby protecting public health, safety, and welfare.

15.45.030 Definitions.

“Campground” means any parcel or tract of real property that is designed for camping, recreational vehicle camping, or outdoor recreation and containing three or more camping spaces offered for the use of the public or members of a private or religious organization. Campgrounds may also possess any combination of primitive, semi-primitive, or developed camping spaces.

“Camping space” means a specific area designed for the purpose of locating a camping unit, of sufficient size to accommodate the camping unit for which it is designed.

“Camping unit” means a portable structure, shelter, or vehicle designed and intended for occupancy by persons engaged in RVing or camping. This term is intended to be generic to include, but is not limited to, recreational vehicles, tents, tent cabins, park model trailers as defined under section 46.04.622 RCW and WAC 296-150P-0020, manufactured homes, and camping cabins.

“Construction campground” means a campground, utilized for only a temporary basis during construction activity and where all camping spaces and any camping units are to be removed within 15 days after completion of the construction project Construction campgrounds provide temporary camping spaces for occupancy by persons employed for the specific construction project.

“Day use area” means a recreational facility established or maintained for picnicking and other daytime uses, where no overnight or extended parking or camping is permitted on the premises.

“Department” means the Cowlitz Count y Health & Human Services Department or as may be renamed or reorganized.

“Director” means the Director of Health & Human Services Department, or designee.

“Gray water” means sewage from bathtubs, showers, bathroom sinks, washing machines, dishwashers, and kitchen sinks. It includes sewage from any source in a residence or structure that has not come into contact with toilet wastes.

“Health Official” means the health officer of the county or a representative authorized by and under the direct supervision of the local health officer, as defined in chapter 70.05 RCW.

“Hearing Examiner” means the Cowlitz County Hearing Examiner, pursuant to chapter 2.05 RCW.

"Imminent Health Threat” means a significant threat or danger to health that is considered to exist.

“Local health department” means the county or district which provides public health services to persons within the area, as defined in chapter 70.05 RCW.

“Mobile home” or “manufactured home” means a structure, designed and constructed to be transportable in one or more sections, and is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The structure must comply with the National Mobile Home Construction and Safety Standards Act of 1974 as adopted by chapter 43.22 RCW, if applicable. [Section 46.04.302 RCW]

“On-site sewage system” means an integrated system of components, located on or nearby the property it serves, that conveys, stores, treats and/or provides subsurface soil treatment and dispersal of sewage. It consists of a collection system, a treatment c omponent or treatment sequence, and a soil dispersal component. An on -site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal component

[WAC 246-272A]

"Outdoor communal areas” means areas within a campground where people are likely to congregate. Communal areas includes, but is not limited to stores, clubhouses, outdoor restaurants, pools, shared fire facilities.

“Person” means any individual, firm, corporation, partnership, association, or agency of state, county or municipal government.

"Potable” means water suitable for drinking by the public chapter 246-290 WAC.

“Recreational vehicle” or “RV” means a vehicular unit primarily designed for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle. The basic e ntities are: travel or “fifth wheel” trailer, camping trailer, travel trailer, park trailer, camper, motor home and multi -use vehicles. [Section 46.22.335(7) RCW]. Recreational vehicles are of two types:

1. “Dependent unit” means a recreational vehicle that has no sewage disposal holding capacity and/or devices for connecting sewage disposal facilities to a community waste disposal system. Occupants of such units are dependent upon external water and waste disposal systems that cannot be connected to the un it.

2. “Independent unit” means a recreational vehicle containing holding capacity for potable water, gray water and human wastes, and/or has devices for connecting to sanitary sewers , on-site waste disposal systems, or pumping stations for waste disposal. Occupants of such units are independent of external water and waste disposal systems for a limited period because such systems are constructed in the units. However, on -board water systems must be replenished, and on -board gray water and human waste recep tacles must be emptied in proper facilities from time to time.

“Recreational vehicle storage area” means an area of land, operated by a business that leases or rents secured storage spaces, used substantially for the purpose of storing two or more unoccupied recreational vehicles.

"Sanitary facilities” means structures that house toilets, lavatories, handwashing sinks, and may include shower stalls.

"Sewage” means any urine, feces, and water carrying human wastes, including kitchen, bath, and laund ry wastes from residences, buildings, industrial establishments, or other places.

“Sewage dumping station” means a facility used to remove, store, treat and/or dispose of sewage and gray water from recreational vehicles and recreational vehicle holding tan ks.

“Temporary campground” means a site, approved by the Health Official, for camping units not to exceed 14 days of operation per calendar year.

“Vector” means a carrier of a pathogen from one host to another.

15.45.040 Applicability.

No campground may operate in Cowlitz County, including the incorporated areas, except in conformance with this chapter.

Any person who continues to operate, establish, alter, expand, or modify a campground anywhere in Cowlitz County must comply with the requi rements of this chapter.

15.45.050 Exemptions.

The following are exempt from the provisions of this chapter, unless otherwise specified in this chapter:

A. Day use areas or where people congregate per CCC 15.42.060(F) or as hereby amended; provided, however, that appropriate sanitary facilities are provided as may be required by the Health Official;

B. Recreational vehicle storage areas, as defined;

C. Temporary campgrounds, as defined;

D. Construction campgrounds , as defined;

15.45.060 Non-commercial camping standards.

Camping that meets the exemptions of CCC 18.56.050(G) or CCC 18.56.050(H) must either be temporary noncommercial independent units, or the lots on which the camping takes place must comply with the rules and regulations set forth in WAC 246 -290, 246-291, 246-272A, CCC 15.30, and CCC 15.42, if applicable and as now or hereafter amended.

15.45.070 Temporary use permits.

Temporary or Construction Campgrounds upon demonstration by the owner or operator that the site conforms to all applicable requirements of CCC 18.56 and health requirements, a temporary campground permit will be issued by both the Building and Planning Director and Health Official; provided the following condit ions are met:

A. An application will be submitted to the department prior to the event;

B. The applicant for temporary campground will identify the specific date range of the event ;

C. A copy of the site plan must be filed with the Department for the duration of th e operation of the temporary campground;

D. The Department may perform a site inspection to determine the satisfactory compliance with these rules and regulations;

E. All temporary facilities, including sanitation facilities , will be removed within 15 calendar days post operating permit expiration, unless otherwise approved by the Department.

15.45.080 Authority and administration.

The Health Official shall administer, interpret, and enforce this chapter. The Health Official, in accordance with CCC 18.56, shall have the administrative authority to:

A. Approve the construction of new facilities, and allow the alteration, expansion, or modification of existing campgrounds in Cowlitz County which meet the requirements of this chapter;

B. Issue operating permits for temporary campgrounds and construction campgrounds ;

C. Perform or cause to be performed certain inspections of campgrounds ;

D. The Director shall provide such forms and establish such procedures as may be necessary to administer this chapter

15.45.090 Health standards applicable county-wide.

All campgrounds and persons utilizing a recreational vehicle or campsite must meet the following standards:

A. Waste Management. No person shall dispose of or discard gray water, sewage, or solid waste materials onto the ground. All storage, collection, and disposal of liquid and/or solid waste in a campground or private lot must be in conformance with the minimum functional standa rds set forth by CCC 15.30 and administered by the Health Official. It is the responsibility of both the property owner

and the guest to ensure that all waste is disposed of in accordance with the state and local health regulations.

B. Water Supply. A water supply serving a campground must conform to the requirements of WAC 246290 , 246-291, and Cowlitz County Group B Health Ordinance 13 -002 as now enacted or hereafter amended, and the following minimum standards:

1. Where an existing public water supply of sat isfactory quantity and quality is reasonably available, the Health Official may require connection to that supply for all domestic water purposes at the campground.

2. Development of a dry campground without a domestic water supply shall require written approval from the Health Official.

3. Surface drainage shall be diverted away from the riser pipe.

4. Domestic water supply systems shall conform to the Uniform Plumbing Code and chapter 5156 WAC as now enacted or hereafter amended, and where applicable.

5. An unapproved water supply shall not be accessible to any person utilizing the campground, unless otherwise approved by the Department.

6. Water supply systems used for non -potable uses must not be cross-connected to public (potable) water supplies, unless otherwise approved by the Department

7. A campground served by a potable water supply system under the control of the campground must sample and test the water at least annually as required by public w ater regulations.

8. Potable water supply systems may be prohibited in areas subject to flooding.

C. Public Restrooms and Sewage Disposal. All new and existing campgrounds must install and maintain a means of sewage disposal and/or sanitary facilities, approved by the Health Official. The campground may be connected to a public sanitary sewer system or an on -site sewage system if approved by the owner/operator and the Health Official. Connection to a public sewer system may be required. Existing campgrounds with designated RV sites, where potable water is available, must have at least one sewage dump station unless each camping space allows for connection to a wastewater disposal system. New campgrounds with designated RV sites will require a sewage dump station or individual sewer connections. Campgrounds must meet the following minimum standards:

1. All new and existing campgrounds that utilize a septic system are required to provide a satisfactory Operations and Maintenance (O&M) inspection to the Department on an annual basis for each system within the campground, per CCC 15.42.170, and as now or hereafter amended.

2. Campgrounds that offer septage pumping as a service are required to have the work performed by a Cowlitz County licensed septic pumper , per CCC15.42.200, and as now or hereafter amended.

3. For camping spaces not connected to a sewage disposal system, there shall be clearly identified and approved sewage dumping station and facilities for the disposal of gray water as approved by the Health Official and convenient to each camping space.

4. When sanitary facilities are provided they must be within a 300-foot radius of any camping space.

5. Sealed vault toilets, chemical toilets, or pit privies, or other alternate sewage disposal system, may be installed in lieu of sanitary facilities , subject to approval from the Health Official.

6. In addition to meeting the location requirements for sanitary facilities , such facilities shall include the appropriate quantities of toilets, urinals, hand -washing sinks, and shower stalls as approved or required by the Health Official

7. An on-call maintenance manager that is able to respond to emergencies shall be available at all hours.

8. Newly constructed public restrooms/sanitary facilities must be constructed of materials which are easy to clean and meet chapter 51-56 WAC, and all other applicable building codes Restrooms must be constructed and meet the following standards:

a. Floors shall be constructed of water -impervious materials and sloped to a drain;

b. Toilet paper shall be provided at each toilet;

c. Hand-cleansing soap and approved sanitary towels or other hand -drying devices shall be provided.

d. Restrooms must be cleaned and maintained on a regular basis and in a manner that inhibits excessive mold growth, prevents the attraction of vectors, and prevents risk of injury.

9. Individual sewer connections must comply with the following minimum standards:

a. The sewer inlet pipes shall have a trap;

b. Inlet pipes shall be four inches in diameter;

c. The sewer inlet pipe shall be so constructed as to prevent surface drainage from entering the inlet;

d. All materials used for sewer connections must be noncorrosive, nonabsorbent, durable, and rated for transporting sewage;

e. The sewer inlet shall be tightly capped when not in use, a nd the cap shall be connected to the riser by a means suitable to prevent its loss;

f. The campground owner is responsible for seeing that onsite party is responsible for:

1. Assuring tenants are properly connected to the sewer inlet to prevent spillage.

2. Assuring tenants are notified that sewer connection cannot overlay water connection.

10. Sewage dumping stations must be designated and constructed to the standards established by the Department. In each campground that is designed to accommodate re creational vehicles, the sewage dump station should be conveniently located with access from the service driveway ; with easy ingress and egress for recreational vehicles.

D. Solid Waste. In addition to the minimum functional standards set forth by CCC 15.30 and administered by the Health Official, all campgrounds must meet the following standards, unless otherwise approved by the Health Official

1. Approved solid waste containers shall be placed within 200 feet of each camping space.

2. Solid waste collection areas having more than one container may require screening with a sight-obscuring fence.

3. All solid waste containers must meet the requirements of CCC 15.30.270

4. Solid waste receptacles must be emptied on a consistent schedule, at intervals frequent to prevent : overflow, rodent harborage, insect breeding areas, or fire hazards. A schedule may be required by the Health Official if necessary.

15.45.100 Annual operating requirements – Inspections and records.

The Health Official is authorized to perform or cause to be performed certain site inspections in order to determine the satisfactory compliance with these rules and regulations:

A. The campground owner must submit an annual application in January of each year. Failure to submit an application and receive an operating inspection will be in violation of this chapter.

B. All campgrounds must receive an annual operating inspection by the Department to ensure the campground continues to operate in accordance with the binding site plan and health regulations established by this chapter The Department may also conduct additional inspections to ensure deficiencies have been corrected or to in vestigate health and sanitation complaints. Campgrounds will be considered out of compliance with this chapter if deviations from this chapter are found during inspections and are not corrected. Campground owners must retain inspection records for 5 year s.

C. Upon completion of an inspection, the Health Official must notify the campground owner of any violation, allow 30 days for the owner to correct a violation and comply with this chapter; provided, violations of state or local health regulation shall be corrected within a time period set by the Health Official. Failure to correct the violation as directed, or to enter into a binding agreement to correct the violation by a specific date may result in issuance of a notice of infraction as established by this chapter and CCC 2.06

D. If an owner has received three infraction notices for noncompliance within a five -year period, the Health Official may refer the case to the Prosecuting Attorney’s office for criminal penalties.

E. A campground may be ordered closed by the Health Official until the premises, improvements, and facilities are in full compliance with this chapter as applicable.

F. Campground owners or operators aggrieved by a decision of the Health Official with regards to a finding may appeal that decision to the Hearing Examiner in accordance with appeal procedures established in this chapter and CCC 2.05

15.45.110 Fees and charges.

Fees and charges for processing applications and inspections under this chapter must be established by resolution of the Board of Health elected officials . Application and inspection on an annual basis for continued operations, and all other fees and charges established by the Board shall be nonrefundable and nontransferable.

15.45.120 Violations – Penalties.

A. It is unlawful for any person to violate the provisions of this chapter or assist in the violation of this chapter. Violations of this chapter will be subject to civil infraction unless otherwise stated, as provided in CCC 2.06 as it now exists or is hereafter amended.

B. Payment of monetary penalty does not relieve a violator from the duty to compliance with the provisions of this chapter.

C. Any person to violate the articles shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable therefor a s provided for herein.

D. Criminal misdemeanor penalties as prescribed in CCC 15.30.220 may be imposed in a case of repeated violations or if the Department determines civil penalties are not effective.

E. The Health Official:

1. Must enforce the rules of this chap ter; and

2. May refer cases within their jurisdiction to the County Prosecutor’s Office

F. When a person receives a finding, by the Department, that a violation has occurred, they may appeal this finding to the Health Official within 30 days of being notified.

G. When a person violates the provisions of this chapter, the Department, Health Official , or Prosecutor’s Office may initiate enforcement, or any other legal proceeding authorized by law including, but not limited to, any one or a combination of the following :

1. Informal administrative conferences, convened at the request of the Department or owner, to explore facts and resolve problems;

2. Orders directed to the owner and/or operator of the Campground and/or person causing or responsible for the violation of these rules;

3. Denial, suspension, modification, or revocation of the operating approval;

4. Civil penalties as provided in CCC 2.06;

5. Legal action by the County Prosecutor;

6. Orders authorized under this section include the following:

a. Orders requiring corrective measures necessary to effect compliance with this chapter.

b. Orders to stop all operations until all approvals required by rule or statute are obtained.

15.45.130 Appeals.

A person aggrieved by a decision under this chapter may appeal said decision to the Hearing Examiner pursuant to CCC 2.05.060

SECTION 2. Severability. The provisions of this ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, paragraph subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraph su bsections, clauses or phrases may subsequently be found to be unconstitutional or invalid.

SECTION 3. Savings Clause. Adoption of new Chapter 15.45 CCC shall not be construed as affecting any existing right or registration acquired under the ordinanc es or portions of ordinances currently existing, or as repealed or amended, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor the administrative action taken thereunder, except as provided at law. Notwithstanding the foregoing actions, obligations under such ordinances or as to such registrations issued thereunder and in effect on the effective date of this ordinance shall continue in full force and effect, and no liability thereunder, civ il or criminal, shall be in any way modified , except as provided at law.

SECTION 4. Only code adoptions and amendments in Section 1, above, shall be codified.

SECTION 5. These regulations are in the public interest and shall take effect immediately.

PASSED IN REGULAR SESSION THIS ____ day of _________, 2023, after a public hearing was held on ___________, 2023 at ________a.m., pursuant to Notice published in the Longview Daily News on ___________, 2023.

APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS RYAN JURVAKAINEN, Prosecuting Atty. OF COWLITZ COUNTY, WASHINGTON

Douglas E. Jensen, Chief Civil Deputy

Richard R. Dahl, Chairman

Dennis P. Weber, Commissioner Clerk of the Board

ATTEST:

Arne Mortensen, Commissioner

Date