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HomeMy WebLinkAbout2015-12-14-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS REGULAR MEETING PUBLIC WORKS STUDY SESSION MONDAY, DECEMBER 14, 2015 1:30 PM Commissioners' Auditorium 205 West 5th Room 109 - Ellensburg I. Call to Order 2. Public Works Pits and Quarries 3. Bowers Field Airport - DBE Policy 4. Request to Approve a Resolution and Interlocal Agreement with the City of Roslyn for Snow Removal. 5. Other business 6. Adjourn Created on 12/11/2015 9:19:10 AM "Drs ... 70 �40�� �`G�°J9 KZ'I`TIT�iiB C4 DEPARTMENT OF PUBLIC WORKS KITMASCOUNTY Mark Cook, Director STUDY SESSION MINUTES December 14, 2015 THOSE PRESENT: Gary Berndt, Paul Jewell (BOCC), Mark Cook, Candie Leader (DPW), Doc Hansen, Steph Mifflin (CDS), Josh Hink (FM) GUESTS PRESENT: Jesse — Daily Record PUBLIC WORKS PITS AND QUARRIES:_ Mark stated that the Department has received several calls regarding dumped animal remains and other items being dumped at Hansen Pit(s). Currently, the area is private access only however, many citizens use the area for recreational activities. After viewing the site staff placed No Trespassing signage. The Hanson Pit facility is accessed via a private road over the BNSF Railway and the facility is gated and locked. Staff would like to keep the appropriate signage and add No Dumping signs. Board Direction: Post signage. BOWERS FIELD AIRPORT Resolution and Interlocal Agreement with the City of DBE POLICY: Item was pulled from discussion. Board Direction: No Direction REQUEST TO APPROVE A RESOLUTION AND INTERLOCAL AGREEMENT WITH THE CITY OF ROSLYN FOR SNOW REMOVAL: Mark reported that the City of Roslyn approached the department through an Interlocal Agreement to assist with snow removal. Mark stated that the county roads will be first priority and a fifteen percent (15%) administration fee is included in the agreement. Commissioner Berndt inquired if the City of Roslyn had already signed the agreement, which they have, and if the agreement is on a short term basis. Mark replied that the agreement is short term. Board Direction: Commissioner Jewell made a motion to approve the Resolution and Interlocal Agreement with the City of 411 N. Ruby, Suite #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 Roslyn for Snow Removal with Commissioner Berndt seconding the motion, Resolution No. 2015-179 is approved, OTHER BUSINESS: Mark gave an update on the flood damage from the last event. The slide on the Middle Fork Teanaway will need some additional tree removal and should take about a full day to get the road opened. Lambert Road lost about fifty percent (50%) of the rip rap. Lambert Road Bridge saw some scouring on the abutments. The repair at the North Fork Teanaway was successful. Ringer Loop was affected again and the question being faced now is should the roadway be abandoned and can Fish and Wildlife relocate the Boat Ramp. Silica Road needs repaired for use and Mark will bring KRD in for further discussion on the matter. MIIW�4ffll- Mark R. Cook Director of Public Works 411 N. Ruby, Ste. #1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO.�� --1 A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT FOR SNOW AND ICE REMOVAL SERVICES WITH THE CITY OF ROSLYN WASHINGTON WHEREAS: Kittitas County Public Works has specialty equipment and experience removing snow and ice from public roadways; and WHEREAS: Kittitas County Public Works supports cities within the County providing construction and maintenance assistance wherever and whenever possible; and WHEREAS: The City of Roslyn Washington is requesting assistance removing snow and ice from City streets on a cost reimbursement basis; and WHEREAS: The City of Roslyn understands that Public Works will provide assistance on a "as available" basis focusing on removing snow and ice on priority routes first and then secondary routes as resources become available; NOW, THEREFORE BE IT RESOLVED the Kittitas County Board of County Commissioners declares it be in the best interest of the public, and does hereby authorize chair signature for the aforementioned. DATED this 7th day of December, 2015, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITA4 COUNTY, WASHINGTON Gary dChair COMM � ��'� ie7ewell, ice-Chair Cn ;��,' : oz`= Paummissioner KITTITAS COUNTY REQUEST FOR PERFORMANCE OF WORK ON A REIMBURSEABLE BASIS AGREEMENT This agreement, made and entered into this W day of D-.-� , 2015, by and between Kittitas County, Washington, a political subdivision of the State of Washington hereinafter referred to as the "County", and the City of Roslyn, hereinafter referred to as the "City" WHEREAS: The City desires to contract with the County for the performance of Snow removal within the City of Roslyn, roads and streets as per Exhibit "A": and, WHEREAS: The County is agreeable to rendering such service on terms and conditions hereinafter set forth. WITNESS: It is hereby covenanted and agreed as follows: 1. For the Snow Removal to be performed under this contract, the County will prioritize school bus routes and provide service to other city streets once County priority roads have been plowed. 2. The City hereby agrees to reimburse the County for the costs of Snow Removal as per Exhibit "A", based on the actual cost of labor, equipment rental, and materials used in Snow Removal, plus all costs for fringe benefits to labor, including prorated sick leave, holidays and vacation time, and group medical insurance. In addition thereto, an amount equal to fifteen percent (15%) of the total costs shall be added for overhead costs for accounting, billing and administrative services; provided, that the County shall submit to the City a statement of the cost and within thirty (30) days thereafter the City shall pay to the County the amount of said statement. The City shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of the County in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. 4. Nothing herein contained shall be construed as in any way divesting the City of any of its powers with respect to the supervision, management and control of streets and utilities within its boundaries. 5. It is understood and agreed between the parties that this contract cannot be assigned, transferred, or any portion subcontracted thereunder by the County without prior written permission of the City. b. Any legal dispute concerning this agreement shall be governed by the laws of the State of Washington and any action to enforce this agreement shall be brought in Kittitas County, Washington. 7. If the County is required to utilize legal counsel to enforce this agreement, in any fashion, and the County is successful in its action, the County shall be entitled to reasonable attorneys' fees. 8. This agreement shall be effective upon approval by both parties hereto and shall be of indefinite duration. Either party may terminate this agreement upon notice in writing to the other party of not less than thirty (30) days prior to the date of such termination. In witness whereof, the parties hereto have hereunto set their hands and seals the day and year first above written. Citp ofRoslvn Xayor /11 Date: 1�") ttest: Ll City Clerk Kittitas Countv ,`44y11411k1111!lrrrr� coro,k,SV� '�rrrrrflfllllllltj4�`�` of the Board u a�=I E) EXHIBIT "A " a City of Roslyn Snow Plowing Priority List Notebook: Roads & Streets Created: 12/2/2015 2:15 PM Undated: 12/2/2015 3:21 PM ...& L...... City of Roslyn Snow Plowing Priority List School route: bus 3 route C From S.R. 903: N 2nd St. from W Nevada Ave. southbound to W Dakota Ave. Return to S.R. 903 Level 1 2nd Street (bus route) S.R. 903 to W Hoffmanville Ave. Hoffmanville Ave. S 2nd St. to S A St. Horvatt Rd./4th St. City limit to W Pennsylvania Ave. Nelson Dairy Rd./Memorial Way City limit to 5th St. 5th Street S 7th St. to 3rd St. Pennsylvania Ave. 5th St. to N 8 St. N B Street E Pennsylvania Ave. to E Utah Ave. Level 2 Washington Ave N 3rd St. to E St. Idaho Ave. N3rd toESt Arizona Ave. N 6th St. to N C St. Utah Ave. N 7th to N C St. E Nevada Ave. S.R. 903 to N A St. W Alaska Ave. S.R. 903 to N 2nd St. N 3rd Street Alaska Ave. to Washington Ave. S 3rd Street W Dakota Ave. to W Oregon Ave. N A Street E Idaho Ave. to E Nevada Ave. N C Street E Pennsylvania to E Washington Ave. E Idaho Ave to E Utah Ave. N D Street E Washington Ave. to E Idaho Ave E Pennsylvania Ave. NCSt. toNDSt. W Dakota Ave. S 3rd St. to S B St. S B Street E Dakota Ave. to E Pennsylvania W Montana Ave. Memorial Way to S.R. 903 W California Ave. S 2nd St. to S. 3rd St. W Wyoming Ave. S. 3rd St. to S.R. 903 S A Street California Ave to South Ave � k� { � �./ r y \^\\\ \ P O J L YA1 - � IL � Q � ,�. KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: December 14, 20'15 TOPIC: Public Works Pits and Quarries ACTION REQUESTED: Direct Staff Restrict Public Access LEAD STAFF: Mark R. Cook RECOMMENDATION: Direct staff restricts public access to all Public Works pits and quarries. BACKGROUND: Public Works owns and utilizes a series of pits and quarries (12) throughout the county. These facilities are used as storage sites by our maintenance division (rock, over burden, ditch spoils and logs). The facilities are also used occasionally for producing various crushed rock products used constructing or maintaining county roads. The pits and quarries are also used a composting sites for animals killed by county traffic. A few of the County's pits have been utilized by recreationalist such as Hansen Pit. The pit harbors various fish species that many county residents target for recreation. The pit is also used by area hikers and their canines. In 2011, the County and the City of Ellensburg entered into an interlocal agreement developing a master plan for the Hansen Pit site. The status of developing the site into a City/County trail facility is unknown at this time. DISCUSSION: In late fall of this year, maintenance received several complaints from area hikers (Hansen Pit) regarding dumped animal remains and our own composting traffic kills. I visited the site and noted a large amount of broken glass (beer bottles) and determined that sufficient hazards existed to direct maintenance sign the pit closed to trespassing. After several weeks, I received one complaint from a local businessman angry that the site had been posted. The Hanson Pit facility is accessed via a private road over BNSF Railway. There is no public license allowing public access over the railroad. The facility is gated and locked. While the county has a prohibition against dumping in undesignated areas (KCC 8.20), signing the facility for no dumping does not address the risk Page 1 of 2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT issue associated with the presence of composting animals and pedestrian conflict with our own maintenance heavy equipment during pit use. FISCAL IMPACTS: Signage costs. ATTACHMENTS: Exhibit One: Draft Interlocal with the City Of Ellensburg Page 2of2 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT INTERLGCAL AGREEMENT BETWEEN CITY OF ELLENSBURG, WASHINGTON AND KIT Y ITAS COUNTY, WASPIINGTON, FOR THE PURPOSE OF DE, ++,LOPING A MASTER SITE PLAN FOR THE COUNTY OWNED EANSEN PITS PROPERTY THIS INTERLOCAL AG + EMENT is made and entered into on this day of 2011 by and between Kittitas County, Washington, a Washington municipal corporation, hereinafter referred to as "County", and the City of Ellensburg, Washington, hereinafter referred to as "City", each party having been duly organized and now existing under the laws of the State of Washington. ,Both entities may be referred to in this Ag^-eement collectively as "Parties" or individually as "Party". WITNESSETH: WHEREAS, THE County has funding for the development of a master plan through their Gas Tax fund and the Board of County Commissioners have agreed to allocate $25,000 from this fund for the development of a master site plan; and WHEREAS, the Hansen Pits property has long been a valuable recreational resource for the citizens of Kittitas County and the development of a master site plan will help ensure that the property remains open to the public; and WHEREAS, the "City to Canyon Trails Committee" has identified the Hansen Pits property as a part of the "Yakima Canyon River Trail"; and WHEREAS, the City Parks & Recreation Department has staff that can oversee and administer the master planning process in consultation with County staff; and WHEREAS, the County's participation in parks for the public includes assisting municipalities and service organizations in their construction and improvement of parks; and WHEREAS, the parties wish to acknowledge the contribution of a master plan and recognize the beneficial social and economic impact to the County as a whole, and WHEREAS, the State Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes cooperative efforts between government entities in the providing of such services. NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be Heade, the mutual promises and covenants herein contained, end for other good and valuable consideration, the parties hereto agree as follows: A'u'tTICLE I. PURPOSE OF AGREEMENT Improvements. the City will advertise and retain the services of a landscape architect through a "Request for Qualifications" for a master plan of the County owned Hansen Pits property, located on Canyon Road, Ellensburg, WA 98926, (Assessor's Map Number 17-18- 13030-0003). County staff will participate in the selection of a landscape architect, along with City staff and members from the "City to Canyon Trails Committee". City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan 1' 1 2. Public Involvement. City and County staff, along with the landscape architect will organize at least one community event related to the development of the master site plan. 3. Control of Project. Upon completion the master plan will become the property of Kittitas County. Any future amendments to the master plan will be done so through the County. 4. Funding. Funding for the development of the master plan will come from the Kittitas County Gas Tax Fund. 5. Future Support. The City and County make no commitment to future support and assume no obligation for future support of the activity contracted for herein, except as may be expressly set forth in this Agreement. 6, Entire Agreemeaf. Amendment. This Agreement is the complete expression of the terms herein and any oral representations or understandings not incorporated herein are excluded This Agreement may be amended only through mutual written agreement of the parties. ART-tCLE t+ ADMINISTRATION AND CONTACT IN3fCRNIATION 2.01 ADM1NIST=.AT0;L The Public Works Director shall administer this agreement for the County and Parks & Recreation Director shall administer this agreement for the City: 2.02 CONTACT INFORMATION. The following shall be the Parties' contact persons for administration of this agreement: TITLE: Director Kirk Holmes TITLE: Director Brad Case DEPT.: Public Works DEPT: City of Ellensburg Parks & Recreation ADDRESS: 411. N. Ruby St., Ste. 1 ADDRESS: 501 N. Anderson St Ellensburg, WA 98926 Ellensburg, WA 98926 PHONE: 509-962-7523 PHONE: 509-925-8639 ARTICLE IF TERiV; This Agreement shall enter into full force and effect for two (2) years from April, 2011 and end April, 2413, subject to earlier termination as provided by Article IV herein. ARTICLE' IV TERMUNATION City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan 12 TERMINATION This Agreement may be terminated by a writing executed by both Parties and adopted by resolution of each Party's legislative body. Either Party may terminate this Agreement upon thirty (30) days written notice, either personally -delivered or mailed postage -prepaid by certified mail, return receipt requested, to the other party's contact at the address in Article II and to its legislative body. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. ARTICLE V DISPUTES 5.01 TIME. Time is of the essence of this Agreement 5.02 DISPUTE RESOLUTION. In the event that a dispute arises regarding any matter addressed in or related to this Agreement, the Parties agree first to attempt to resolve such dispute by a telephone call between the Director of each Party, or authorized designee(s). If the matter is not resolved by consultation in a telephone call, the Parties agree that before taking any other action or seeking any remedy, the Parties' Director, or authorized designee(s), will participate in a good faith in-person negotiation to resolve any such dispute. 5.03 GOVERNING L1 WAND VENUE. This Agreement shall be governed exclusively by the laws of the State of Washington. Venue of any action brought to interpret or enforce the terms of this Agreement shall be in the Superior Court of Kittitas County, Washington. 5.04 ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each Party shall pay its own attomey's fees incurred in that action, arbitration or proceeding. ARTICLE VI INDEMNIFICATION Each Party shall defend, indemnify and hold harmless the other, as well as its officers, agents and employees, from and against any and all claims, demands, losses and liabilities to or by third parties arising from, resulting from, or connected with, services performed or to be performed under this Agreement to the fullest extent permitted by law, whether arising from Agreement liability(ies) or otherwise. This duty to indemnify shall not apply to liability from damages arising out of bodily injury to persons or damages to the property caused by, or resulting from, the sole negligence of the County, the City, or their respective officers, agents and employees. This duty to indemnify for liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the County's, and City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan 13 the City's agents or employees shall apply only to the extent of negligence of the County's, and the City's agents, employees, subcontractors and suppliers. Both Parties specifically and expressly waive any immunity that may be granted under the Washington State Industrial Act, Title 51 RCW. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation, benefits payable to or by any third party under Worker's Compensation Acts, Disability Benefits Acts, or other employee benefit acts. This duty to defend, indemnify, and hold harmless shall include all related costs, reasonable attorney fees, court costs and related expenses asserted against or incurred by the County, the City, or their respective officers, agents and employees. The Parties hereby certify that these indemnification provisions were mutually negotiated and agreed to by the Parties. ARTIC .E VIt' E'ER.+ ORM, ANCE OF AGREEMENT 7.01 , PLL4NCE ;ffTHALL LAWS. Each Party shall comply with all federal, state, and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation, all those pertaining to wages and hours, confidentiality, disabilities, and discrimination. 7.02 MAINTENANCE AND AUDIT 9FRECORDS. Each Party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subjected to inspection, review and audit by either Party or its designee, and the Washington State Auditor's Office. Each Party shall retain all such books, records, documents and other materials for the applicable retention period under federal and Washington law. 7.03 TREATMENT OFASSETSAND PROPERTY. No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7.04 IMPROPER INFLUENCE. Each Party agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each Party agrees, warrants and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 7.05 CONFLICT OF INTEREST. The elected and appointed officials and employees of the Parties shall not have any personal interest, direct or indirect, in this Agreement which gives rise to a conflict of interest. City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan 14 7.06 ASSIGNMENT ANS SUB^ONT"CTING: No portion of this Agreement may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of both parties. 7.07 NOTICE: Subject to the requirements of any applicable statute, any notices required or permitted by law or under this Agreement shall be in writing and shall be (i) personally delivered, or (ii) sent by first class certified or registered mail, return receipt requested, with postage prepaid, or (iii) dispatched by facsimile transmission (accompanied with reasonable evidence of receipt of transmission and with a confirmation copy mailed no later than the day after transmission) to the Parties' addresses set forth in Article B. ARTICLE VU I CE.II AL PROVISIONS 8.01 CHANGES, CODIFICATIONS. AMENDMENTS AND WAIIrEAS. The Agreement may be changed, modified, amended or waived only by written agreement signed by the Parties and adopted by resolution of each Party's legislative authority. Any waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. Waiver of breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 8.02 ASSIGNMENT Neither Party may assign its rights or delegate its duties under this Agreement, whether by assignment, further, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 8.03 SEVERABILITY. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 8.04 ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the Parties. This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. The recitals to this Agreement are incorporate by reference and are part of the Agreement. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8.05 FILING. Pursuant to RCW 39.34.044, this Agreement shall be posted on the County's website. City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan 15 8.06 HEADINGS. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 8.07 SAYINGS CLAUSE. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal requirements. 8,08 INTERPRETATION. This Agreement has been submitted to the scrutiny of all Parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any Party or its counsel. No stricter construction or interpretation of the terms hereof shall be applied against any Party as the drafter hereof. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. AID, O?7ED T111S ID AY J:+ , 2011 CITY OF ELLENSBURG Bruce Tabb, Mayor ATTEST: Coreen Reno, City Clerk APPROVED AS TO FORM: City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan ; 6 Jim Pidduck, City Attorney ADAPTED + I3?S DAV OF 2911 KITTITAS COUNTY Paul Jewell, Chair, Board of Commissioners Alan Crankovich, Vice -Chairman Obie O'Brien, Commissioner ATTEST: Julie Kjorsvik, Clerk of the Board APPROVED AS TO FORM: City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Plan 7 Stephanie, Happold, Civil Deputy Prosecuting Attorney City of Ellensburg and Kittitas County Interlocal Agreement for Hansen Pits Master Site Pian 18 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC 114ORKS — BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: December 14, 2015 TOPIC: Airport Disadvantage Business Enterprise (DBE) Policy ACTION REQUESTED: Adopt the Airport DBE Policy LEAD STAFF: Mark R. Cook RECOMMENDATION: Adopt the Federal Aviation Administration's disadvantaged business enterprise policy for use at Bowers Field airport. BACKGROUND: Public Works has an adopted disadvantaged business enterprise (DBE) policy that is utilized on all federal aid highway improvement projects (Federal Highway Administration). The policy is closely monitored for compliance by the Washington State Department of Transportation. Recently, public works received a Federal Aviation Administration (FAA) grant supporting an update of the airport's master plan. As a part of document execution, the FAA is requesting that Kittitas County adopt its disadvantage business enterprise policy. Responding to the request, we sent the FAA our adopted FHWA policy — which they have rejected. DISCUSSION: Public Works has worked with Century West (consultant) developing a FAA compliant DBE policy for Board of County Commission consideration. It is unlikely that the County will be successful making any significant changes to the FAA policy prior to adoption. None the less, we will submit the draft policy for Prosecuting Attorney review at the request of the Commission. FISCAL IMPACTS: Funding of the airport master plan may be a risk if we do not adopt the requested FAA DBE policy. ATTACHMENTS: Exhibit 1: Draft FAA DBE Policy. Page 1 of 1 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT August 19, 2015 DEPARTMENT OF TRANSPORTATION DBE PROGRAM - 49 CFR PART 26 SAMPLE DBE PROGRAM DOT published Part 26 in the Federal Register on February 2, 1999, and it became effective March 4, 1999 (64 F.R. 5096). It made extensive revisions to DOT's DBE program, formally administered under 49 CFR Part 23. The Final Rule to 49 CFR Part 26 was published in the Federal Register, Volume 68, No. 115 on June 16, 2003. Five (5) subsequent Final Rules to 49 CFR Part 26 were published in the Federal Register on April 2, 2007, April 3, 2009, February 3, 2010, January 28, 2011 and October 2, 2014, which made additional revisions to the regulation. The e -version of the regulations has combined all of these documents into one for easy reading http://ecfr. g poaccess. govl We are providing this Sample DBE Program for informational purposes, and recipients are not required to use it or its format. This Sample Program is NOT official U.S. Department of Transportation (DOT) guidance. This Sample Program is a revised version of the original version prepared by the DOT. It has been modified by FAA staff and has not yet been reviewed by the General Counsel of the Department of Transportation for consistency with the language and intent of 49 CFR Part 26. However, recipients may wish to use it as a guide in preparing their program documents. Recipients may customize the sample program to fit their circumstances. At a number of points, the Sample DBE Program refers to provisions of Part 26. Recipients may quote referenced portions of the rule in their program if they wish, but they are not required to do so. The Sample DBE Program also provides language for some documents that are part of the program (e.g., policy statements, contract clauses). Except where otherwise noted, recipients are not required to use this language, and may use their own language as long as it meets regulatory requirements. In the sample program, we -have inserted instructions and notes in italics. Recipients should include italicized sections in thei* program documents. You may obtain an electronic version of this document, from FAA Office of Civil Rights website: hftl?://www.faa.gov/abouVoffice_or. org/headguarters offices/acrlbus ent program/training. confl. Page 1 of 43 August 79, 2075 POLICY STATEMENT Section 26.1, 26.23 Objectives/Policy Statement The County of Kittitas owner of Bowers Field has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The County of Kittitas has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the County of Mitas has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the County of Kittitas to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT—assisted contracts. It is also our policy: 1 _ To ensure nondiscrimination in the award and administration of DOT — assisted contracts; 2. To create a level playing Meld on which DBEs can compete fairly for DOT - assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT assisted contracts; 6. To promote the use of DBEs in all types of federally -assisted contracts and procurement activities; 7. To assist the development of firms that can compete successfully in the market place outside the DBE Program; and 6. To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. Candie Leader, Administrative Assistant has been delegated as the DBE Liaison Officer. In that capacity, Candie Leader is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the County of Kittitas in its financial assistance agreements with the Department of Transportation. County of Kittitas has reviewed this policy. We have distributed this statement to DBE and non -DBE business communities that perform work for us on DOT -assisted contracts, The distribution was accomplished by posting a link to the plan on the County of Kittitas website. Candie Leader, Administrative Assistant Date Page 2 of 43 August 19. 2015 SUBPART A — GEMERAL REQUIREMENTS Section 26.1 Objectives The objectives are found in the policy statement on the first page of this program. Section 26.3 Applicability The County of Kittitas is the recipient of Federal airport funds authorized by 49 U.S.C. 47101, et seq. Section 26.5 Definitions The County of Kittitas will use terms in this program that have the meaning defined in Section 26.5. Section 26.7 Mon -discrimination Requirements The County of Kittitas will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the County of Kittitas will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. Section 26.11 Record Keeping Requirements Reporting to DOT: 26.11 (b) You must continue to provide data about your DBE Program to the Department as directed by DOT operating administrations. We will report DBE participation to DOT/FAA as follows: We will transmit to FAA annually on December 1, the "Uniform Report of DBE Awards or Commitments and Payments" form, found in Appendix B to this part. We will also report the DBE contractor firm information either on the FAA DBE Contractor's Form or other similar format. We will begin using the revised Uniform Report of DBE Awards or Commitments and Payments for reporting FY 2015 reports due December 1, 201 a_ Page 3 of 43 Augusf 1 S, 2015 Bidders List: 26.1 The County of Kittitas will create and maintain a bidders list. The purpose of the list is to provide as accurate data as possible about the universe of DBE and non -DBE contractors and subcontractors who seek to work on our DOT -assisted contracts for use in helping to set our overall goals. The bidders list will include the name, address, DBE and non -DBE status, age of firm, and annual gross receipts of firms. We will collect this information in the following ways: Inclusion of a Bidders List in project bidding documents. A copy of the proposed list is included in Attachment 3. Section 26.13 Federal Financial Assistance Agreement The County of Kittitas has signed the following assurances, applicable to all DOT - assisted contracts and their administration: Assurance: 26.1 3(aL--Each financial assistance agreement the County of Kittitas signs with a DOT operating administration (or a primary recipient) will include the following assurance: The County of Kittitas shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The County of Kittitas shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -- assisted contracts. The County of Kittitas's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the County of Kittitas of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR 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.G. 3801 et seq. ). Contract Assurance: 26.13b — The County of Kittitas will ensure that the following clause is included in each contract we sign with a contractor and each subcontract the prime contractor signs with a subcontractor: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of Page 4 of 43 August 19, 2015 this contract or such other remedy as the County of Kittitas deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non -responsible. SUBPART B - ADMINISTRATIVE REQUIREMENTS Section 26.21 DBE Program Updates The County of Kittitas is required to have a DBE program meeting the requirements of this part as it will receive grants for airport planning or development and will award prime contracts, cumulative total value of which exceeds $250,000 in FAA funds in a federal fiscal year. We are not eligible to receive DOT financial assistance unless DOT has approved our DBE program and we are in compliance with it and this part. We will continue to carry out our program until all funds from DOT financial assistance have been expended. We do not have to submit regular updates of our program, as long as we remain in compliance. However, we will submit significant changes in the program for approval. Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this DBE Program. Section 23.25 DBE Liaison Officer (DBELO) We have designated the following individual as our DBE Liaison Officer: Candie Leader Administrative Assistant 411 N Ruby St Ellensburg, WA 98926 509-9627699 candie.leader@co.kittitas.wa.us In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and ensuring that the County of Kittitas complies with all provision of 49 GFR Part 26. The DBELO has direct, independent access to the Parks Board concerning DBE program matters. An organization chart displaying the DBELO's position in the organization is found in Attachment 2 to this program. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. The DBELO has direct access to the district's attorney and the Airport Engineer of record to assist in the administration of the program. The duties and responsibilities include the following: Page 5 of 43 August 19, 2015 1. Gathers and reports statistical data and other information as required by DOT. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with all departments to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race -neutral methods and contract specific goals) and monitors results. 6. Analyzes County of Kittitas's progress toward attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. B. Advises the CEOlgoverning body on DBE matters and achievement. 9. Chairs the DBE Advisory Committee. 10. Determine contractor compliance with good faith efforts. 11. Provides DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12. Plans and participates in DBE training seminars. 13. Acts as liaison to the Uniform Certification Process. 14. Provides outreach to DBEs and community organizations to advise them of opportunities. 15. Maintains the agency's updated directory on certified DBEs. Section 26.27 DBE Financial Institutions It is the policy of the County of Kittitas to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT -assisted contracts to make use of these institutions. An effort to identify DBE financial institutions is included in the goal calculation included in Attachment 5. Similar efforts will be made whenever a new goal is set. Section 26.29 Prompt Payment Mechanisms The County of Kittitas has established, as part of its DBE Program, a contract clause to require prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment you make to the prime contractor. We will ensure prompt and full payment of retainage from the prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. We will use the following method to comply with this requirement: Page 6 of 43 August 19, 2015 Hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after your payment to the prime contractor. County of Kittitas will consider a subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the County of Kittitas. When County of Kittitas has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. The County of Kittitas will provide appropriate means to enforce the requirements of this section. These means include: O Contract provisions included in bidding documents The County of Kittitas will include the following clause in each DOT -assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from County of Kittitas. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the County of Kittitas. This clause applies to both DBE and non -DBE subcontractors. Section 26.31 Directory The County of Kittitas uses the State of Washington DBE directory, maintained by the State. The directory lists the firm's name, address, phone number, and the type of work the firm has been certified to perform as a DBE. In addition, the directory lists each type of work for which a firm is eligible to be certified by using the most specific NAICS code available to describe each type of work. The state UCP revises the Directory daily. We make the Directory available by listing the website where the interested persons may access the directory. The Directory may be found at http://wsdot.wa.govIPartnerslOMWBE/DBEDirectory/ Page 7 of 43 August 19, 2015 Section 26.33 Over -concentration The County of Kittitas has not identified that over -concentration exists in the types of work that DBEs perform. Section 26.35 Business Development Programs The County of Kittitas has not established a business development program. Section 26.37 Monitoring and Enforcement Mechanisms The County of Kittitas will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. 1. We will bring to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26,107. 2. We will implement similar action under our own legal authorities, including responsibility determinations in future contracts. Attachment 7 lists the regulation, provisions, and contract remedies available to us in the events of non-compliance with the DBE regulation by a participant in our DBE Program. 3. We will implement a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award or subsequently (i.e., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed. 4. We will implement a monitoring and enforcement mechanism that will include written certification that we have reviewed contracting records and monitored work sites for this purpose. This will be accomplished by subcontractor verification through onsite construction observation, review of letter of intent commitments submitted by the prime contractor, and requests of statement of final amounts paid to DBE subcontractors at project closeout 5. We will implement a mechanism that will provide for a running tally of actual DBE attainments (e.g., payment actually made to DBE firms), including a means of comparing these attainments to commitments. In our reports of DBE participation to DOT, we will show both commitments and attainments, as required by the DOT uniform reporting form. Section 26,39 Fostering small business participation. The County of Kittitas has created a Small Business element to structure contracting requirements to facilitate competition by small business concerns, taking all reasonable Page 8 of 43 August 19, 2015 steps to eliminate obstacles to their participation, including unnecessary and unjustified bundling of contract requirements that may preclude small business participation in procurements as prime contractors or subcontractors. The County of Kittitas's small business element is incorporated as Attachment 10 to this DBE Program. We will actively implement the program elements to foster small business participation; doing so is a requirement of good faith implementation of our DBE program. SUBPART C — GOALS GOOD FAITH EFFORTS AND COUNTING Section 26.43 Set -asides or Quotas The County of Kittitas does not use quotas in any way in the administration of this DBE program. Section 26.45 Overall Goals The County of Kittitas will establish an overall DBE goal covering a three-year federal fiscal year period if we anticipate awarding DOTIFAA funded prime contracts the cumulative total value of which exceeds $250,000 during any one or more of the reporting fiscal years within the three-year goal period. In accordance with Section 26.45(9 the County of Kittitas will submit its Overall Three-year DBE Goal to FAA by August 1 st as required by the established schedule below. Airport Type Region _(Go D Large & Medium All Regions Aug Hub Primary _ _(201 Small Hub All Regions Aug Prlmary August 1, 2018 (2016 Mon -Hub Primary All Regions Aug 1201712018) (20191202012021) Non -Primary Central, Aug (GAs, Relievers Southwest, and (2016 and State DOTs) Westem-Pacific ate Due 41201512016 Meat Goal Due a# Goal Period _Period ust 1, 2013 August 1, 2016 (201_7/201812019) ust 1, 2014 August 1, 2017 1201612017) (201812019/2020 ust 1, 2015 August 1, 2018 1201712018) (20191201012021) ust 1, 2015 August 1, 2018 1201712018) (20191202012021) The DBE goals will be established in accordance with the 2 -step process as specified in 49 CFR Part 26.45. If the County of Kittitas does not anticipate awarding DOT/FAA funded prime contracts the cumulative total value of which exceeds $250,000 during any of the years within the three-year reporting period, we will not develop an overall goal; however this DBE Program will remain in effect and the County of Kittitas will seek to fulfill the objectives outlined in 49 CFR Part 26.1. Page 9 of 43 August 19, 2015 (c) Step 1. The first step is to determine the relative availability of DBEs in the market area, "base figure". We will use DBE Directories and Census Bureau Data as a method to determine our base figure. The second step is to adjust the "base figure" percentage from Step 1 so that it reflects as accurately as possible the DBE participation the recipient would expect in the absence of discrimination based on past participation, a disparity study and/or information about barriers to entry to past competitiveness of DBEs on Contracts. Any methodology we choose will be based on demonstrable evidence of local market conditions and be designed to ultimately attain a goal that is rationally related to the relative availability of DBEs in our market. We understand that the exclusive use of a list of prequalified contractors or plan holders, or a bidders list that does not comply with the requirements of paragraph (c)(2) of this section (above), is not an acceptable alternative means of determining the availability of DBEs.] (d) Step 2. Once we have calculated a base figure, we will examine all of the evidence available in our jurisdiction to determine what adjustment, if any, is needed to the base figure to arrive at our overall goal. If the evidence does not suggest an adjustment is necessary, then no adjustment shall be made. 26.45 (g)(1) In establishing the overall goal, the County of Kittitas will provide for consultation and publication. This includes consultation with minority, women's and general contractor groups, community organizations, and other officials or organizations which could be expected to have information concerning the availability of disadvantaged and non -disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the County of Kittitas's efforts to establish a level playing field for the participation of DBEs. The consultation will include a scheduled, direct, interactive exchange (e.g., a face-to-face meeting, video conference, teleconference) with as many interested stakeholders as possible focused on obtaining information relevant to the County of Kittitas's goal setting process, and it will occur before we are required to submit our goal methodology to the operating administration for review pursuant to paragraph (f) of this section. We will document in our goal submission the consultation process that we engaged in. Notwithstanding paragraph (f)(4) of this section, we will not implement our proposed goal until we have complied with this requirement_ In addition, the County of Kittitas will publish a notice announcing our proposed overall goal before submission to the operating administration on August 1st. The notice will be posted on our official internet web site and may be posted in any other sources (e.g., minority focused media, trade association publications). If the proposed goal changes following review by the operating administration, the revised goal will be posted on our official internet web site. We will inform the public that the proposed overall goal and its rationale are available for inspection during normal business hours at our principal office Page 10 of 43 August 19, 2015 and that the County of Kittitas and DOT/FAA will accept comments on the goals for 34 days from the date of the notice. Notice of the comment period will include the addresses to which comments may be sent (including offices and websites) where the proposal may be reviewed. The public comment period will not extend tha August OSx deadline. Our Overall Three -Year DBE Goal submission to DOT/FAA will include a summary of information and comments received, if any, during this public participation process and our responses. We will begin using our overall goal on October 1 of the reporting period, unless we have received other instructions from DOT. Section 26.45 (e) - Project Goals If permitted or required by the FAA Administrator we will express our overall goals as a percentage of funds for a particular grant or project or group of grants and/or projects, including entire projects. Like other overall goals, a project goal may be adjusted to reflect changed circumstances, with the concurrence of the appropriate operating administration. A project goal is an overall goal, and must meet all the substantive and procedural requirements of this section pertaining to overall goals. A project goal covers the entire length of the project to which it applies. The project goal should include a projection of the DBE participation anticipated to be obtained during each fiscal year covered by the project goal. The funds for the project to which the project goal pertains are separated from the base from which your regular overall goal, applicable to contracts not part of the project covered by a project goal, is calculated. If we establish a goal on a project basis, we will begin using our goal by the time of the first solicitation for a DOT -assisted contract for the project. Section 26.45(f) - Prior Operating Administration Concurrent The County of Kittitas understands that we are not required to obtain prior operating administration concurrence with our overall goal. However, if the operating administration's review suggests that our overall goal has not been correctly calculated or that our method for calculating goals is inadequate, the operating administration may, after consulting with us, adjust our overall goal or require that we do so. The adjusted overall goal is binding. In evaluating the adequacy or soundness of the methodology used to derive the overall goal, the U.S. DOT operating administration will be guided by the goal setting principles and best practices identified by the Department in guidance issued pursuant to § 26.9. A description of the methodology to calculate the overall goal and the goal calculations can be found in Attachment 5 to this program. Page 11 of 43 August 19, 2015 Section 26.47 Failure to meet overall goals. The County of Kittitas will maintain an approved DBE Program and overall DBE goal, if applicable as well as administer our DBE Program in good faith to be considered to be in compliance with this part. If the County of Kittitas awards and commitments shown on our Uniform Report of Awards or Commitments and Payments at the end of any fiscal year are less than the overall goal applicable to that fiscal year, we will do the following in order to be regarded by the Department as implementing your DBE Program in good faith: (1) Analyze in detail the reasons for the difference between the overall goal and our awards and commitments in that fiscal year; (2) Establish specific steps and milestones to correct the problems we have identified in our analysis and to enable us to meet fully your goal for the new fiscal year; (3) The County of Kittitas will prepare, within 90 days of the end of the fiscal year, the analysis and corrective actions developed under paragraph (c)(1) and (2) of this section. We will retain copy of analysis and corrective actions in records for a minimum of three years, and will make it available to FAA upon request. Section 26.51(a -c) Breakout of Estimated Race -Neutral $1Race-Conscious Participation (a) The County of Kittitas will meet the maximum feasible portion of its overall goal by using race -neutral means of facilitating race -neutral DBE participation. Race -neutral DBE participation includes any time a DBE wins a prime contract through customary competitive procurement procedures or is awarded a subcontract on a prime contract that does not carry a DBE contract goal. Race -neutral means include, but are not limited to the following: (1) Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate participation by DBEs and other small businesses and by making contracts more accessible to small businesses, by means such as those provided under §26.39 of this part. (2) Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding and financing); Page 12 of 43 August 19, 2015 (3) Providing technical assistance and other services; (4) Carrying out information and communications programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists for bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate); (5) Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and financial and accounting capability for DBEs and other small businesses; (6) Providing services to help DBEs, and other small businesses, improve long- term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant projects, and achieve eventual self- sufficiency; (7) Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low; (8) Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and (9) Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media. The breakout of estimated race -neutral and race -conscious participation can be found in Attachment 5 to this program. Section 26.51(d -g) Contract Goals The County of Kittitas will arrange solicitations, times tar the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate participation by DBEs and other small businesses and by making contracts more accessible to small businesses, by means such as those provided under § 26.39.. If our approved projection under paragraph (c) of this section estimates that we can meet our entire overall goal for a given year through race -neutral means, we will implement our program without setting contract goals during that year, unless it We will establish contract goals only on those DOT -assisted contracts that have subcontracting possibilities. We need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work.) Page 13 of 43 August 19, 2015 We will express our contract goals as a percentage of the total amount of a DOT- assisted OTassisted contract. Section 26.53 Good f=aith Efforts Procedures Demonstration of good faith efforts (26.5_3(a) &-Lc The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. -Examples of good faith efforts are found in Appendix A to Part 26. Candie Leader, Administrative Assistant, is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as Responsive. We will ensure that all information is complete and accurate and adequately documents the bidder/offeror's good faith efforts before we commit to the performance of the contract by the bidder/offeror. Information to be submitted26.5 In our solicitations for DOT/FAA-assisted contracts for which a contract goal has been established, we will require the following: (1) Award of the contract will be conditioned on meeting the requirements of this section; (2) All bidders or offerors will be required to submit the following information to the recipient, at the time provided in paragraph (b)(3) of this section: (i) The names and addresses of DBE firms that will participate in the contract; (ii) A description of the work that each DBE will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; (iii) The dollar amount of the participation of each DBE firm participating; (iv) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; and (v) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment. (vi) If the contract goal is not met, evidence of good faith efforts (see Appendix A of this part). The documentation of good faith efforts must include copies of each DBE and non -DBE subcontractor quote submitted to the bidder when a non -DBE subcontractor was selected over a DBE for work on the contract; and (3) We will require that the bidder/offeror present the information required by paragraph (b)(2) of this section. Page 14 of 43 August 99, 2095 Under sealed bid procedures, as a matter of responsiveness, or with initial proposals, under contract negotiation procedures; Administrative reconsideration (26.53(d Within 2 business days of being informed by the County of Kittitas that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to the following reconsideration official: Candie Leader 411 N Ruby St Suite 1 Ellensburg, WA 98926 (509) 962-7699 candie.leader co.kittitas.wa.us The reconsideration official will not have played any role in the original determination that the bidderlofferor did not document sufficient good faith efforts. As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with our reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do. We will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. Good Faith Efforts procedures in situations when there are contract goals (26.53(ng) We will include in each prime contract a provision stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains your written consent as provided in this paragraph 26.53(f); and That, unless our consent is provided under this paragraph 26.53(f), the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. We will require the contractor that is awarded the contract to make available upon request a copy of all DBE subcontracts. The subcontractor shall ensure that all subcontracts or an agreement with DBEs to supply labor or materials require that the Page 15 of 43 August 99, 2095 subcontract and all lower tier subcontractors be performed in accordance with this part's provisions. In this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. We will require that a prime contractor not terminate a DBE subcontractor listed in response to paragraph (b)(2) of this section (or an approved substitute DBE firm) without our prior written consent. This includes, but not limited to, instances in which a prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm. We will provide such written consent only if we agree, for reasons stated in our concurrence document, that the prime contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the following circumstances: (4) The listed DBE subcontractor fails or refuses to execute a written contract; (5) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor; (6) The listed DBE subcontractor fails or refuses to meet the prime contractor's reasonable, non-discriminatory bond requirements. (7) The fisted DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness; (8) The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to 2 CFR Parts 180, 215 and 1,200 or applicable state law; (9) We have determined that the listed DBE subcontractor is not a responsible contractor; (10) The listed DBE subcontractor voluntarily withdraws from the project and provides to us written notice of its withdrawal; (11) The listed DBE is ineligible to receive DBE credit for the type of work required; (12) A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract; (13) Other documented good cause that we have determined compels the termination of the DBE subcontractor. Provided, that good cause does not exist if the prime contractor seeks to terminate a DBE it relied upon to obtain the contract so that the prime contractor can self -perform the work for which the DBE contractor was engaged or so that the prime contractor can substitute another DBE or non -DBE contractor after contract award. Page 16 of 43 August 19, 2015 Before transmitting to us its request to terminate and/or substitute a DBE subcontractor, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to us, of its intent to request to terminate and/or substitute, and the reason for the request. The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise us and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why we should not approve the prime contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), we may provide a response period shorter than five days. In addition to post -award terminations, the provisions of this section apply to pre -award deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements. The County of Kittitas will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal that we established for the procurement. The good faith efforts shall be documented by the contractor. If we request documentation from the contractor under this provision, the contractor shall submit the documentation to us within 7 days, which may be extended for an additional 7 days if necessary at the request of the contractor, and the recipient shall provide a written determination to the contractor stating whether or not good faith efforts have been demonstrated. We will include in each prime contract the contract clause required by § 26.13(b) stating that failure by the contractor to carry out the requirements of this part is a material breach of the contract and may result in the termination of the contract or such other remedies set forth in that section that we deem appropriate if the prime contractor fails to comply with the requirements of this section. If the contractor fails or refuses to comply in the time specked, our contracting office will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Sample Bid Specification: The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the County of Kittitas to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 0 percent as determined in the goal calculation Page 17 of 43 August 19, 2015 Attachment 5 has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26 (Attachment 1), to meet the contract goal for DBE participation in the performance of this contract. The bidder/offeror will be required to submit the following information: (1) the names and addresses of QBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; and (5) Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor's commitment; (6) if the contract goal is not met, evidence of good faith efforts. Section 26.55 Counting DBE Participation We will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. We will not count the participation of a DBE subcontract toward a contractor's final compliance with its DBE obligations on a contract until the amount being counted has actually been paid to the DBE. If the firm is not currently certified as a DBE in accordance with the standards of subpart D of this part at the time of the execution of the contract, we will not count the firm's participation toward any DBE goals, except as provided for in 26.87& SUBPART D — CERTIFICATION STANDARDS Section 26.61 — 36.73 Certification Process County of Kittitas will use the certification standards of Subpart D of fart 26 to determine the eligibility of firms to participate as DBEs in DOT -assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards. We will make our certification decisions based on the facts as a whole. For information about the certification process or to apply for certification, firms should contact: OMWBE —Certifications 210 11th Avenue SW, Suite 401 Olympia, WA 98504-1160 360-664-9750 http://omwba.wa.gov/certification/ Page 18 of 43 August 19, 2015 SUBPART E — CERTIFICATION PROCEDURES Section 26.81 Unified Certification Programs OMWBE, provides certification services for DBE and Small Businesses. The OMWBE maintains a directory of certified firms and maintains procedures for certification. The County of Kittitas relies on the OMWBE Office certification process. A link to the OMWBE Office is included in Attachment 9. SUBPART F — COMPLIANCE AND ENFORCEMENT Section 26.109 Information, Confidentiality, Cooperation and intimidation or reWilation We will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state, and local law. Notwithstanding any provision of Federal or state law, we will not release any information that may reasonably be construed as confidential business information to any third party without the written consent of the firm that submitted the information. This includes applications for DBE certification and supporting information. However, we will transmit this information to DOT in any certification appeal proceeding under § 26.89 of this part or to any other state to which the individual's firm has applied for certification under § 26.85 of this part. All participants in the Department's DBE program (including, but not limited to, recipients, DBE firms and applicants for DBE certification, complainants and appellants, and contractors using DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and recipient compliance reviews, certification reviews, investigations, and other requests for information. Failure to do so shall be a ground for appropriate action against the party involved (e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non -responsibility for future contracts and/or suspension and debarment). The County of Kittitas, contractor, or any other participant in the program will not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. If we violate this prohibition, we are in noncompliance with this part. Page 19 of 43 August 99, 2095 ATTACHMENTS Attachment 1 Regulations: 49 GFR Part 26 or website link Attachment 2 Organizational Chart Attachment 3 Bidders List Collection Form Attachment 4 DBE Directory or link to DBE Directory Attachment 6 Overall Goal Calculations Attachment 6 Demonstration of Good Faith Efforts or Good Faith Effort Plan Forms i & 2 Attachment 7 DBE Monitoring and Enforcement Mechanisms Attachment B DBE Certification Application Form Attachment 9 State's UCP Agreement Attachment 10 Small Business Element Program Page 20 of 43 August 19, 2095 ATTACHMENT 1 Regulations: 49 CFR Part 26, or link to website htt :/twww.ecfr. ovlc i-binitext-idx?t 1=ledrbrowse[Title49l49cfr26 main 02.t I Page 21 of 43 ATTACHMENT 2 August 19, 2015 Page 22 of 43 August 19, 2015 ATTACHH" ENT 3 Bidders List Collection Form (SAMPLE BIDDERS LIST CGLLECTIOIV FORM) !, DBE tar lion- ;� FirrxF DBE Status j Annual taros Receipts Firm Mame Address// � (verify via Age of Firm i Phone #f � state's Ual Dlreclory) __. .. ❑ Less than 1 year ❑ less than $500K ❑ 1- 3 years ❑ $500K - $1 million ❑ 4-7 years ❑ $1-2 million ❑ 8-10 years ❑ $2-5 million ❑ More than 10 years ❑ Greater than $5 million ❑ Less than 1 year ❑ less than $500K ❑ 1- 3 years ❑ $500K - $1 million ❑ 4-7 years ❑ $1-2 million ❑ 8-10 years ❑ $2-5 million ❑ More than 10 years ❑ Greater than $5 million i ❑ Less than 1 year ❑ Less than $5001K ❑ 1- 3 years ❑ $500K - $1 million ❑ 4-7 years ❑ $1-2 million ❑ 8-10 years ❑ $2-5 million ❑ More than 10 yf-z rs ❑ Greater than $5 million ❑ Less than 1 year ❑ Less than $500K ❑ 1- 3 years ❑ $500K - $1 million ❑ 4-7 years ❑ $1-2 million ❑ ill -10 years ❑ $2-5 million ❑ More than 10 years ❑ Greater than $5 million ❑ Less than 1 year ❑ Less than $500K ❑ 1- 3 years ❑ $500K-$1 million ❑ 4-7 years ❑ $1-2 million ❑ 5-10 years ❑ $2-5 million ❑ More than 10 years ❑ Greater than $5 million ❑ Less than 1 year ❑ Less than $500K ❑ 1-3 years ❑ $500K -$l million ❑ 4-7 years ❑ $1-2 million ❑ 8-10 years ❑ $2-5 million ❑ More than 10 years ❑ Greater than $5 million Page 23 of 43 August 19, 2015 ATTACHMENT 4 Washington DBE Directory or (web link to DBE directory) http://wsdot.wa.gov/Part.ners/©tT4BE/DBEDirectory/ Page 24 of 43 August 99, 2095 ATTACHMENT 5 Section 26.45: Overall DBE Three -Year Goal Methodology Name of Recipient: County of Kittitas, owner of Bowers Field Goal Period: FY -2015-20162017 — (October 01, 2015 through October 01, 2017) DOT -assisted contract amount FY -2015 $ 317.395 FY -2016 $ 0 FY -2017 $ 0 Total $ 317 395 Overall Three -Year Goal: 0 %, to be accomplished through —0% RC and _0% RN (Note: the goal may be reflected as (1) an average of the three years; (2) three year Median; or (3) weighted percentage) Total dollar amount to be e:.zpended on DBE's: J [multiply goal % x DOT -assisted amount] Describe the Number and Type of Contracts that the airport anticipates awarding: [List all contracts for which you anticipate receiving funding, only include the DOT funded portion of the contract.] Contracts Fiscal Year #1 1. A pori Master Plan Update and AGIS - $317,395 2. 3. Contracts Fiscal Year #2 1. 2. 3. Contracts Fiscal Year #3 1. 2. 3. Market Area: The market area considered for construction work at the Bowers Field included Kittitas and the two adjacent counties of Yakima and Chelan. Step 1. 26.45(c) Actual relative availability of DBE's Determine the base figure for the relative availability of DBEs. The base figure for the relative availability was calculated as follows: Page 25 of 43 August 19, 2015 (Part 26.45 allows for the goal to be set I of 5 different methods. The example provided below is the most often used and recommended The DBE Program Regulation can be found at httn://www dot.vov/osdbu/disadventa_aed-business-enterprise or htt ://www.ecfr. ov/c i-bin/text-idx?t l=lecfrbrowse/Title49/49efr26 main 02.t f Method_ Use DBE Directories htt :llwww.dot. av/osdbu/disadvanta ed-business- ente riselstate-dot-and-dbe- ro ram -websites and Census Bureau Data htt :/lwww.census. ov/econ/cb ftndex.html [For each Contract and each fiscal year, please provide the following information] NAILS Type of Work Total DBE's Total All Firms 541330 Engineering 0 Services 40 Total 0 40 Divide the total number of DBE's by the total number of All Firms = base figure for each contract. (Weighting is not mandatory, but is encouraged for a more accurate base figure) Base figure = 0% of all firms ready, willing and able. The data source or demonstrable evidence used to derive the numerator was: a search of the Oregon State Certification directory (OMWESB Certification Management System) for each of the NAILS codes in a four county area. The data source or demonstrable evidence used to derive the denominator was: a search of US Census Bureau data for the number of businesses registered for each of the NAICS codes in a four county area. Step 2. 26.45(d): Adjustments to Step 1 base figure. After calculating a base figure of the relative availability of DBEs, evidence was examined to determine what adjustment (if any) was needed to the base figure in order to arrive at the overall goal. An examination of the anticipated contracts for each fiscal year, the availability of the DBE firms by trade classification and the volume of work performed by DBE firms over previous years. Page 26 of 43 August 19, 2015 Fiscal Year #1 For FY -2015, we anticipate the award of the following: Contract Name Project#1 Trade Description Engineering .Services N,4ICS Description Engineering Services NA1CS 541330 DBE Trade {$) Cons Directory (%j H) 317,359 15 0 0% ,$D -i Total Contract Total Contract Total FY-20XX Total FY -20)0( 1A � Total Contract 317,359 .15 0 0% $0 Total Contract 317,359 15 1.1 0 0% 11 $0 Total FY -2015 317,359 0% $0 Fiscal Year #2 For FY -20;0k, we anticipate the award of the followinq: Confract Name Trade Description NAICS Description NAICS Trade ($) Census Directory DBE (-A) DBE ($) =GF) Ex H) Total Contract Total Contract Total FY-20XX Fiscal Year #3 For FY-20)Dt, we anticipate the award of the following: Contract Name Trade Description NAICS Description NAICS Trade (3J Census Directory DBE (°ib) DBE {$J =G/F Ex H) Total Contract Total Contract Total FY -20)0( 1A � !3558 I.- stoi' 17a'rie r.. :°1Ci17 Page 27 of 43 August 19, 2015 The airport has not had any recent projects or goalslaccomplishments. FY Total Grant $ Amount DBE Goals Accor lishments Type of work RC RN Total RC RN Total FYIO FY 11 FY 12 FY 13 FY 14 The proposed Overall DBE Goals are as follows: Fiscal Year#1— 0% o Fiscal Year #2 — no anticipated projects Fiscal Year #3 — no anticipated projects Our proposed overall three year goal will be reflected as •- 0% There is no historical DBE data to reference to make an adjustment to the Step 1 base figure therefore, the Airport Authority is adopting its Step 1 base figure as its overall goal for this three- year goal period. Should additional project funding become available for projects in 2016 or 2017, the airport will reassess the available DBE firms and adjust the goal accordingly. Breakout of Estimated "Race and Gender Neutral" (RN) and "Race and Gender Conscious" (RC) Participation. 26.51(b) (1-9) The recipient will meet the maximum feasible portion of its overall goal by using RN means of facilitating DBE participation. 1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitates DBE, and other small businesses, participation; 2. Ensuring distribution of DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; The recipient estimates that in meeting its overall goal 0%, it will obtain 0% from RN participation and 0% through RC measures. The County of Kittitas will adjust the estimated breakout of RN and RC DBE participation as needed to reflect actual DBE participation (see Section 26.51(f)) and track and report RN and RC participation separately. For reporting purposes, RN DBE participation includes, but is not necessarily limited to, the following: DBE participation through a prime contract obtained through customary competitive procurement procedures; DBE participation through a subcontract on a prime contract that does not carry a DIBE goal, DBE participation on a prime contract exceeding a contract goal and DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status in making the award. Page 28 of 43 PUBLIC PARTICIPATION Consultation: Section 26.45(g)(1). August 19, 2015 In establishing the overall goal, the County of Kittitas will provide for consultation and publication. This includes consultation with minority, women's and general contractor groups, community organizations, and other officials or organizations which could be expected to have information concerning the availability of disadvantaged and non -disadvantaged businesses, the effects of discrimination on opportunities for OBEs, and the County of Kittitas's efforts to establish a level playing field for the participation of DBEs. The consultation will include a scheduled, direct, interactive exchange (e.g., a face-to-face meeting, video conference, teleconference) with as many interested stakeholders as possible focused on obtaining information relevant to the County of Kittitas's goal setting process, and it will occur before we are required to submit our goal methodology to the operating administration for review pursuant to paragraph (f) of this section. We will document in our goal submission the consultation process that we engaged in. Notwithstanding paragraph (f)(4) of this section, we will not implement our proposed goal until we have complied with this requirement. The County of Kittitas submits its overall DBE three-year goal to DOT on August 1 as required by the set schedule. Before establishing the overall goal, the County of Kittitas will consult with the OMWESB Certification Management System to obtain information concerning the availability of disadvantaged and non -disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the County of Kittitas efforts to establish a level playing field for the participation of DBEs Following the consultation, we will publish a notice in the PUBLICATION of the proposed overall goal, informing the public that the proposed goal and its rationale are available forinspection during normal business hours at the airport administration building for 30 days following the date of the notice, and informing the public that the County of Kittitas and DOT will accept comments on the goals for 30 days from the date of the notice Our overall goal submission to DOT will include a summary of information and comments received during this public participation process and our responses, if any. The following comments were received. [discuss comments] OR No comments have been received. Page 29 of 43 Sample Public Notice Language: PUBLIC NOTICE August 19, 2015 The County of Kittitas hereby announces its fiscal years 2015 through 2017 goal of 0% for Disadvantaged Business Enterprise (DBE) airport construction Contracts. The proposed goals and rationale is available for inspection between 8:00 a.m. and 5:00 p.m., Monday through Friday at 411 N Ruby St, Ellensburg, WA 98926 for 30 days from the date of this publication. Comments on the DBE goal will be accepted for 30 days from the date of this publication and can be sent to the following: AND DBELO Candie Leader Administrative Assistant 411 N Ruby St Ellensburg WA 98926 candie.leader@co.kfttitas.wa.us Federal Aviation Administration Office of Civil Rights Staff Ricky Watson, MBA DBE & ACDBE Compliance Specialist Alaskan Region & Northwest Mountain Region Federal Aviation Administration Office of Civil Rights, AWP -9 15000 Aviation Boulevards Lawndale, California 90261 Mailing Address: P.O. Box 92007 Los Angeles, Califomia 90009-2007 Office: (310) 725-3940 Fax: (310) 725-6819 Email: ricky.watson@faa.gov Contract Goals The County of Kittitas will use contract goals to meet any portion of the overall goal that the recipient does not project being able to meet using RN means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the recipient's overall goal that is not projected to be met through the use of RN means, Page 30 of 43 August 99, 2095 The County of Kittifas will establish contract goals only on those DOT -assisted contracts that have subcontracting possibilities. It need not establish a contract goal on every such contract, and the size of the contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work and availability of DBE's to perform the particular type of work). We will express our contract goals as a percentage of the Federal share of a DOT -assisted contract. Page 31 of 43 August 19, 2015 ATTACHMENT 6 Demonstration of Good Faith Efforts - Forms 1 il P. [Forms 9 and .2 should be provided as part of the solicitation documents.] FORD 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space): The bidder/offeror is committed to a minimum of % DBE utilization on this contract. The bidder/offeror (if unable to meet the DBE goal of %) is committed to a minimum of % DBE utilization on this contract and should submit documentation demonstrating good faith efforts. Name of bidder/offeror's firm: State Registration No. By (Signature) Title Page 32 of 43 August 99, 2015 FORM 2: LETTER OF INTENT Name of bidder/offeror's firm: Address: City: State: Zip: Name of DBE firm: Address: city: State: Zip: Telephone: Description of work to be performed by DBE firm: The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated dollar value of this work is $ Affirmation The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above and that the firm is DBE certified to perform the specific trades. By Date: (Signature) (Title) If the bidder/offeror does not receive award of the prime contract, any and all representations in this Letter of Intent and Affirmation shall be null and void. Submit this page for each DBE subcontractor. Page 33 of 43 August 19, 2015 ATTACHMENT T DBE Monitorina and Enforcement Mechanisms The County of Kittitas has available several remedies to enforce the DBE requirements contained in its contracts, including, but not limited to, the following: 1. Breach of contract action, pursuant to the terms of the contract; 2. Breach of contract action, pursuant to State Codes In addition, the Federal government has available several enforcement mechanisms that it may apply to firms participating in the DBE problem, including, but not limited to, the following: 1. Suspension or debarment proceedings pursuant to 49 CFR Part 26 2. Enforcement action pursuant to 49 CFR Part 31 3. Prosecution pursuant to 18 USC 1001. Page 34 of 43 August 19, 2095 ATTACHMENT 8 DBE Certification Application Form (New form October Z 2094) htt ://www.dot. ovlsitesldot. ovifilesldoesINew%2ODBE%2OCertification%2OA lication%2011- 18 2014.pdf Page 35 of 43 ATTACHMENT 9 State's UCP Agreement htt�xllomwbe.wa.goW August 19, 2095 Page 36 of 43 August 19, 2015 ATTACHMENT 10 Small Business Element It is recommended that you include the following components and notes: 1. Objective/Strategies As part of this program element you may include, but are not limited to, the following strategies: (1) Establishing a race -neutral small business set-aside for prime contracts under a stated amount (e.g., $1 million). (2) In multi-year design -build contracts or other large contracts (e. g., for "megaprojectsl requiring bidders on the prime contract to specify elements of the contract or specific subcontracts that are of a size that small businesses, including DBEs, can reasonably perform. (3) On prime contracts not having DBE contract goals, requiring the prime contractor to provide subcontracting opportunities of a size that small businesses, including DBEs, can reasonably perform, rather than self -performing all the work involved. (4) Identifying alternative acquisition strategies and structuring procurements to faciliiate the ability of consortia or joint ventures consisting of small businesses, including DBEs, to compete for and perform prime contracts. (5) To meet the portion of your overall goal you project to meet through race -neutral measures, ensuring that a reasonable number of prime contracts are of a size that small businesses, including DBEs, can reasonably perform. 2. Definition DBE firms should be identified in the Small Business element of the recipient's DBE program as eligible for the program unless there is a DBE micro -Small Business Program element in place. Size standard should be consistent with 49 CFR 26.5 and must be no larger than the Small Business Administration's size standards. DBE firms and small firms eligible for the program should be similarly sized to reduce competitive conflict between DBE and non -DBE firms. Personal Net Worth standards (optional) — should be consistent with 49 CFR Part 26 thresholds. 3. Verification 0 Should diligently attempt to minimize fraud and abuse in the SS element of its DBE program by verifying program eligibility of firms. 4. iitionitoringlRecord Keeping How will the information will be organized (for counting purposes) Page 37 of 43 August 19, 2015 5B element should be reasonably monitored 5. Implementation Timeline O Identify implementation schedule/timeline, within 6 or 9 months of FAA's approval. 6. Assurance Include the following assurances. 1. assurance that the program is authorized under state law; 2. assurance that certified DBEs that meet the size criteria established under the program are presumptively eligible to participate in the program; 3. assurance that there are no geographic preferences or limitations imposed on any federally assisted procurement included in the program; 4. assurance that there are no limits on the number of contracts awarded to firms participating in the program but that every effort will be made to avoid creating barriers to the use of new, emerging, or untried businesses; and 5. assurance that aggressive steps will be taken to encourage those minority and women owned firms that are eligible for DBE certification to become certified. 6. assurance that the program is open to small businesses regardless of their location (i.e., that there is no local or other geographic preference). Page 38 of 43 Appendix A August 19, 2015 Appendix A to Part 26—Guidance Concerning Good Faith Efforts I. When, as a recipient, you establish a contract goal on a DOT -assisted contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a DBE goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient RBE participation, even if they were not fully successful. II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance in this Appendix. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using quantitative formulas. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of DBE participation) in order to be awarded a contract, evert though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified DBEs that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project. (2) The bidder should solicit this interest as early in the acquisition process as practicable to allow the DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates DBE participation. Page 39 of 43 August 19, 2095 C. Providing interested DBES with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract, D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBI; subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. E. (1) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non -solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals. (2) A prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE's reasonable quote. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minority/wornen community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in §26.53(b)(2)((vi), you must also require the contractor to submit copies of each Page 40 of 43 August ?9, 2015 DBE and non -DBE subcontractor quote submitted to the bidder when a non -out subcontractor was selected over a DBE for work on the contract to review whether DBE prices were substantially higher, and contact the DBEs listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to DBEs requesting bids are not alone sufficient to satisfy good faith efforts under the rule. VI. A promise to use DBEs after contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts. V9 FR 59600, Oct. 2, 20141 Page 41 of 43 August 19, 2015 APPENDIX B The spreadsheet can be found at http:l/w*rw.fta.dot.goyfdocuments/Semi Annual Report with l=unctions.xis f]wFpaaatA " AW PAT •ffw..wl.ue.�w�w �.. •+nf ra�.far.•ts i.ira rr~ 6Y eyr . 0.W n84'T - r .. [•a 1. ouplaa7Mf6-f1�3c`TI46 fPk F G$ IiNle�WAI!1[IM£firET} PlP*WW PER*PBPL]mlAAr f=- -.[ -- - alq - .. •.. •,.moo _ _ " ow* eYib N al.ff,+, o*9rwnw ari.[a IIYL� A I WM iE! Tl.I f,>1 .M OSIl71r rµ_ A'`'LUP! lfNN•� SYS xw7HH rll?.=7 l Om.w�l PfR1CR YrctiL b kswG�W^•hl W0.. -' �a �' .ate[ +� Page 42 of 43 August 19. 2015 INSTR1-C TIONS FOR COMPLETING Tt18I iiFuRNI RF:PQRT O DIMAWARIf4` -OMNIIT!►tF�"fS:►�o PAN �lr:� r5 1. Ind'.'11c11117IXlI4peraurs Adoitni.rrai.un(,fL11 ths[ prWir1c5 y+nr .4111. F•.m. x11. total tnw.bv of o n1c Cnimaats aw.nS:.l n1 KIM. F'edrral ilnaneial assistance. If asxr tatace comes front more than ,.m spt•cify the mum--gt awarded to Dinh through Gate Neutral metltod.s flA, ust scparAc re,tlnmg Tunis,, fOr each tat. L you ate an FTA Xltl Iifall ime.�totractaau�rsiedrhear.•I, xt.ncprri�td.cutiulate thn rec•ipir.Mt. rndrealc your Vcothrr Number ,n lie spvec f.-rrsided. i to Dill`s Dtvide the dollar amoum in item 81[•1 by If you roc an FAA reo rivent. rndreata ktx: relcvrnt AIP Niimbraa cm ar rd by this n'ptnt. 11 nrore than six. attach a septi u. sited. l `p,,�iy the Federal liwal year lix 0evobcr W"' i ember 101 in which am eexered repaning period rails. d Sate the dare r+f sufuntssitxt of tints tryx+rt S (hctk the' .tpp,,giriai, bo, That indicalM the r•parung Nrrrxl'hot the diva pto, 0-1 in FILMS report coven If this repttrt r, dor June 1. dna should caser Och*Cr -M-1`011131. If this k4X%is dui DrcCmarr 1, date should cov:r Apnt Stplember iii. 5. !lame of the tecipient. 7. State vratr *must DHE soallsi rstablis)xd rot the Federal rascal Ye" of Ihrs report to b. uhmittcj to and apprt+vcd by the rekvsat OA. Your overall Goal is to be mpNW as wxli as d+e breakdown for specific Race Co cievs and Race Neutral [lets (btib of which inclodc ponder xmsciva+ aculral goals). The ROW Ctotseirlua Qx Pl portion should be based on program.- shot focus an and provide b;nerim only for Ms. The uta of eoptritct goals is n primary cxamplc of a race aonFcious nsruure. The Race Neutral Goal portion should include programs that, while bnacfi/ing DBEs,. pre not solely fatumd on DBF Brom. ror otampls. a small bu5imss outresuh ptOMM, lechaical assiftanea. amid prompt payment Clauses Can temp a Wide variety of buincssca ar, addiltan to helping DDE Gams. 8-4. 'iiia arricohia in items INA) 401 should incl.tde alk Vnw of print contracts anardcrl and all types orsubcantracu awarr[ed or conrnti led, including. luafcssiotul OF consulirutt scrvicmt' ConsIrWior, purcltarc of raaterj Is C. supplies, lease or purchase or ,quipm,"t and any water tapes or sen ices. All Oullar amomink am CJ relict[ only the rcderal share of such constricts, and slwti d be rounded to the roared dollar. Xj A)- Prustde the t1ll8L!�Ui Par all pnnre ctrntrmx is assisted wail OUT funds that tame awarded dunng this reporting Fnrio 1. fi(13). Pruvidc thz L&LM lI I"A of ail prime rtutmxls assisted with rx'Tr I'tntds Ibat aero awarded during this reporting period. RC) From tax total dollar amount awarded in &fain );(Ai, peuside'he jr,Jlar m, g tri awarded to cenitf ed UBE% dormp this reporting pituita SID) rywri the total mother of prsme conimuls awstsled in urnt 81131. :pm;if} the ItF'Itll'!.'L uw'arded to certified I>BIia during %hie repotting lxYiod. K(f). From Ibe total dollar_ awarded in X(l`l, prt„idc miler t liM awarded to DBEs though IM use of Race Conscious txetliDik ret: rest dcliritron of Race t'onsc.arz trial in ilun I and the esptanation in hem M n€pn/jeer rapes to include in your calculation. K1F7. Fttnn tln: total number or prima con nt:ts awarded in WD), specify %he Illi awarded to DHF& Ihrarigh Race Cawsclaus me(hoth Yiti) Frrxit the total dollar amount awarded in item NIC[, protide the JN!H-IatL11D1 awarded w cCrtifred DRF.tt through the use of Rx -c ?neutral ntetlwds. Ste mite definition of Rue Neutral Coal in iters ? and mbe explanation in iters X of project tYPvo'o include. �.LtCi7Wt & 8A ag 1v: dollar amt+rtni in item MAI to deme this perccntayc. Round percentagc r0 the nearcbt tenth XA!•olI► item, 41A14pi ars ilcrivcd in thu vattle way ax Tram: 817 Ri• 1t(Im, except that these calculations a'wuld be hatted an subcontracts rather thin puma conlracois i'nlilte prime con rash, which ntay only be awankd, snhcittttracrs may he either awarded or committed. liXAl•11117- Fur all I)BE% axardcd print ewttraM and awarrlcd cr conmatmod sabevstrarls as indicated to l+[t l [Dl and vtCMDI, break: the data dow,t fi rihsr by total dollar amount as well as the mxitber of all co alraer, going to tach ethnic group as sell a, to nna-miaoruy women. "rite "Ultter' catcronV iaclud&;1 those 1D$115 Who arc not ntemhm orilx prcalnnptivcka ms ulvania cd groups alrtmlg listed. but who are determined cligihl, for the PAI: program on an m hvudaal b"- Ic g a (,'aucasian mate with a disabdny). the M W -S value in llltlll should equal pre sum of N(Cl plus 9(Ch area similarly, the TOTALS vahto in 114H) should Oval The into of 8(D) paw FiW t'olumn I should only be filled our it this rcpon is dnc on Dstembcr 1. as indicsicd in item 3. 'ane valttra for ibis rolumn are derived by adding Ike valeft tet1k."ed in rtdtimn iH in your first report with the whirs rgkMd in Ihfs World repast 13EAa. Provide the molal number of primo cuatrocns vOMPICltd during this mpnring pernxl that had #tae Corn immm; grab. Race 170wiara s 1dMis ire kbM with cuntraq gunk Or rxrlher :ace cumciaes Ift"ur0. I:EEIi Prrnid: the tarsi rbdu value of pont contracts cortgtlged dris repuning period Mat hod rare conwiaus goals. 121(7protidc the 10141 dol".ar amount of DOE padrerpal:.m 00 all Race ConsLims pnu r .ot:uecks cum illtmed this M101". period that was necay,ary in reed the contract gm'ie on tbem. Thi. appl e ti Only l0 Race Coercion, psirna eontraus. 1:(DI pmule the actual total DBE rrarticipation in+tothrs on the race conscious prime contracts rompleted this reporting period. 12fE1. of all thv prime cantrmu eonrplcred This reltoniay period. calcutatt ibe prnenuse of DOE panirinntiun Divide the atrial MIM dollar anwimi in 121D1 by Ike total do11ar value provided in MR) to c irive ibis peracalablc. Round to 11W reara4i. [tab. I i(AH 111). Items I I(A).13(E:) am deri+ed in the same mnmxr a: items 12fA1.12f1sl. ex4vPt th_1c tiFft-N slioukl be bared tin Race Neutral prime contacts (I.e. Vinee w•rtli no rate conscious truasums). J4fAE•141E)• C-alculpte Ilse totab for each coltuna by adding the race tarseious and noutrol figures provided in each row above. I$. Name orthe Authorized Reprem"Wive prcpatiag this form. ! t<. 5ignantre of Thr Awbori�ed Rep�cscmatisr. 17. Phone number orthe Atithurimi! Mpiucatruve. It% pax number of die Authorized Representative. *,S,Ibgdt aver CaraplMed -part ra your Tteomrt rr Dts tan t1111ee. Page 43 of 43 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUMTY COMMISSIONERS WORK SESSION STAFF REPORT WORK SESSION DATE: December 74, 2015 TOPIC: City of Roslyn Snow Removal Agreement Request ACTIO! REQUESTED: Approve the Agreement LEAD STAFF: Mark R. Cook RECOMMENDATION: Approve the requested snow removal agreement between the County and the City of Roslyn. BACKGROUND: Recently, Public Works was contacted with a request for snow removal support from the City of Roslyn. Recognizing the value of providing assistance to small cities in the County, we are interested in supporting the request. Public Works currently supports several Washington State agencies with snow removal services in Upper County. DISCUSSION: We propose plowing a prioritized list of City of Roslyn school bus routes supporting additional City streets once County routes are plowed. Addressing the need for immediate snow removal on prioritized school routes provides the highest level of support while minimally impacting other County snow removal routes. FISCAL IMPACTS: All costs are covered with an additional 15% offsetting administrative costs associated with the agreement. ATTACHMENTS: Exhibit 1: Snow Removal Agreement between Kittitas County and the City of Roslyn. Page y of i PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHIRGTON RESOLUTION! NO. A RESOLUTION AUTHORIZING AM INTERLOCAL AGREEMENT FOR SNOW AND ICE REMOVAL SERVCIES INITH THE CITY OF ROSLYN WASHINGTON WHEREAS: Kittitas County Public Works has specialty equipment and experience removing snow and ice from public roadways; and WHEREAS: Kittitas County Public Works supports cities within the County providing construction and maintenance assistance wherever and whenever possible; and WHEREAS: The City of Roslyn Washington is requesting assistance removing snow and ice from City streets on a cost reimbursement basis; and WHEREAS: The City of Roslyn understands that Public Works will provide assistance on a "as available" basis focusing on removing snow and ice on priority routes first and then secondary routes as resources become available; MOW, THEREFORE BE IT RESOLVED the Kittitas County Board of County Commissioners declares it be in the best interest of the public, and does hereby authorize chair signature for the aforementioned, DATED this 14th day of December, 2015, at Ellensburg, Washington. BOARD OF COUNTY COIUiHISSIONERS KITTITAS COUNTY, WASHINGTON Gary Berndt, Chair Obie O'Brien, Vice -Chair Paul Jewell, Commissioner ATTEST: Clerk of the Board POOLUEuT PERFORM-AINC-11, OF j'!O %Xlz - AGXiI,]Tlil :i NT This agreement, made and entered into thislitical day of . {' , 2015, by and between Kittitas County, Washington, a posubdivision of the State of Washington hereinafter referred to as the "County", and the City of Roslyn, hereinafter referred to as the "City". The City desires to contract with the County for the performance of Snow removal within the City of Roslyn, roads and streets as per Exhibit "A": and, �il�?3p The County is agreeable to rendering such service on terms and conditions hereinafter set forth. vJ3 i! tSe Itis hereby covenanted and agreed as follows: 1. For the Snow Removal to be performed under this contract, the County will prioritize school bus mutes and provide service to other city streets once County priority roads have been plowed. 2. The City hereby agrees to reimburse the County for the costs of Snow Removal as per Exhibit "A", based on the actual cost of labor, equipment rental, and materials used in Snow Removal, plus all costs for fringe benefits to labor, including prorated sick leave, holidays and vacation time, and group medical insurance. In addition thereto, an amount equal to fifteen percent (15%) of the total costs shall be added for overhead costs for accounting, billing and administrative services, provided, that the County shall submit to the City a statement of the cost and within thirty (30) days thereafter the City shall pay to the County the amount of said statement. 3. The City shall defend, indemnify and hold the County, its officers, officials, employces and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of the County in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. 4. Nothing herein contained shall be construed as in any way divesting the City of any of its powers with respect to the supervision, management and control of streets and utilities within its boundaries. 5. It is understood and agreed between the parties that this contract cannot be assigned, transferred, or any portion subcontracted thereunder by the County without prior written permission of the City. b. Any legal dispute concerning this agreement shall be governed by the laws of the State of Washington and any action to enforce this agreement shall be brought in Kittitas County, Washington. 7. If the County is required to utilize legal counsel to enforce this agreement, in any fashion, and the County is successful in its action, the County shall be entitled to reasonable attorneys' fees. g. This agreement shall be effective upon approval by both parties hereto and shall be of indefinite duration. Either party may terminate this agreement upon notice in writing to the other party of not less than thirty (30) days prior to the date of such termination. In witness whereof, the parties hereto have hereunto set their hands and seals the day and year first above written, CRY Oi F aslyr, ayor Date:�,;�— }�vr :`g8: City Clerk Gary Berndt, Chair Obie O'Brien, Vice -Chair Paul Jewell, Commissioner Pytt.3st: Clerk of the Board Date: Notebook: Roads & Streets Created: 121212015 2:15 PM Updated: 12/2/2035 3:21 PM Author: Mvke J. Woodwell m-7 of .010*n s�J Vem-lrrg Muft Lbt Sdcoc routa: Law 3 route C Ftorn S.R. 903: N 2nd St. from W Nevada Ave. southbound to W Dakota Ave. Return to S.R. 903 "'Jell 1 2nd Street (bus route) S.R. 903 to W MoftmaWile Ave. Hoffwwnvile Ave. S2rdSLtoSASt. "orvatt Rd./4th St. City 11mit to W Pennsylvania Awe. Rbisan Dairy Rd./Memorial Way City limit to 5th St, Sth Street S 7th St. to 3rd St. Pennsylvarda Ave. 5th St to N a St. N a street E Pennsylvania Ave. to E Utah Ave. Itesgel 3 Washington Ave N 3rd St to E St Idaho Ava. N 3rd to E St Arizona Ave. N Pith 5t to N C St Lbh Ave. N 7th to N C St. E Nevada Awe. S.R. 903 to N A St. W Alaska Ave. S. R. 903 to N 2nd St N 3rd Street Alaska Ave. to Washington Ave. S 3rd Street W 134ata Am to W Oregon Ave. N A Street E Idaho Ave. to E Nevada Ave. N C Street E PennsyWrda W E Washington Ave. E Idaho Ave to E flesh Ave. N D Street E Washington Ava. to E Idaho Ave E (Pennsylvania Ave. NC St. toNDSt. W Dakota Ave. S 3rd St to S 6 St S 0 Street E Dakota Ave. to E PennsMnla W Montana Ave. Memorial Way to S.R. 903 W Callfomla Ave. S 2nd St. to S. 3rd St. W Wyoming Ave, S. 3rd St. to S.R. 903 S A Street California Ave to South Ave A; I _ it r! < ■ % �� � � •� / - &|[ («- .� . kz2T 4i COUVrx pZ �) , . f ji •fillr�4_.AIM } / : £ 'Fe -A ' ©�