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HomeMy WebLinkAbout4796 1 2: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDISia. I~CE ~0. 4 7 9 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF TWENTY-FOUR THOUSAND FIVE HUNDRED 00/100 DOLLARS, ($24,500.00), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM KING COUNTY CULTURAL RESOURCES DIVISION FOR THE CITY OF AUBURN. WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Seotion ~. Pursuant to Chapter 35A.33 RCW the City hereby approves the expenditure and appropriation of a total amount of TWENTY-FOUR THOUSAND FIVE HUNDRED and 00/100 DOLLARS ($24,500.00), which constitutes a grant pursuant to of Auburn and King County the Contract between the City Cultural Resources Division. section 2. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Contract for Capital Construction which will provide grant funding to the City of Auburn for use by the City to render certain construction services in connection with stabilization of the historic barn on the King County Landmark Olson/Johnson Farm. A copy of Contract No. D21552D is attached hereto and designated Exhibit "A" and is incorporated by reference in this Ordinance. Ordinance No. 4795 September 18, 1995 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wohl~iueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Pub].i,hed , !/~/~1/~'"' Ordinance No. 4795 Se~ember 18, 1995 Page 2 ORIGINAL Contract #: D21852D DEPARTMENT: Cultural Resources Division SERVICES PROVIDED: L m k iliza' n AMOUNT: $24.500 FUND SOURCE: Arts & Nat. Resources Initiative: Suburban Heritage CONTRACT FOR CAPITAL CONSTRUCTION THIS CONTRACT is entered into by KING COUNTY (the "County") and the ~ (the "Contractor"), whose address is 25 West Main Street. Auburn. WA 98001 and telephone number is (206) 804-5049. The County desires to engage the Contractor to render certain construction services in connection with stabilization of the historic barn on the King County Landmark Olson/Johnson Farm. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. SCOPE OF SERVICES, A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: X Approved application X Public benefit provisions X Assurance of Compliance, Section 504 X Minority/Women's Business Confn'mation (KCC 4.16 and 4.18) Certificate(s) of Insurance Attached hereto as Exhibit A Attached hereto as Exhibit B Attached hereto as Exhibit C Attached hereto as Exhibit D Attached hereto as Exhibit E B. Funds awarded under this Contract shall be used solely for stabilization of the historic barn on the King County Landmark Olson/Johnson Farm, in accordance with the project description and budget, as recommended by the King County Landmarks and Heritage Commission and approved by the King County Council, in Exhibit A. C. The Contractor agrees to provide public benefit provisions, as required by the King County Council in Ordinance 10346 and attached as Exhibit B; and further, agrees to specific public benefit provisions that it is not ordinarily required to provide in exchange for its receipt of public funds, for a period of twenty-four (24) years as described in Section II.A of Exhibit B. D. The Contractor agrees to acknowledge the soume of support for the project as: King County Landmarks and Heritage Commission: 1995 Arts & Heritage Initiative Ordinance No. 4796 Exhibit "A" II. DURATION OF CONTRACT. This Contract shall commence on September 1. 1995 and shall terminate on December 31, 1996 unless extended or terminated earlier pursuant to the terms and conditions of the contract. Notwithstanding the above and except as noted in Exhibit B, all public benefit obligations of the Contractor shall be binding and enfomeable for the duration of the useful life of the facilities being constructed or refurbished. III. COMPENSATION AND METHOD OF PAYMENT. A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements as specified in this contract in an amount not to exceed $24.500. B. Funds for payment will be available from the Cultural Resources Division in one installment, payable upon completion of the barn stabilization project as outlined in Attachment A. The invoice will be payable as follows: Invoice #I: 100% of costs incurred up to $24,500. The invoice shall be submitted with documentation verifying project completion, costs incurred and payments made. All payments are subject to site inspection by the Cultural Resources Division. C. The Contractor shall submit the final invoice and other documents as are required pursuant to this contract within ten (10) days of completion of construction. Unless waived by the County in .writing, failure by the Contractor to submit the final invoice and required documents will relieve the County from any and all liability for payment to the Contractor for the amount set forth in such invoice or any subsequent invoice. D. If the Colatractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, the County may withhold any payment due the Contractor until the County is satisfied that corrective action, as specified by the County, has been completed. This right is in addition to and not in lieu of the County's right to terminate this contract as prbvided in Section IV. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract or if the Contractor shall violate any of its covenants, agreements or stipulations of this Contract, the County shall thereupon have the right to terminate this Contract and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after submitting written notice to the Contractor describing such default or violation. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services or fiscal management, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. B. Notwithstanding any provisions of the Contract, either par~y may terminate this Contract by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. 2 C. The County may terminate this Contract in whole or part upon written notice to the Contractor if expected or actual funding, including appropriation by the King County Council of sufficient funds to support the activities described heroin, is withdrawn, reduced or limited in any way prior to the termination date set forth above in Section II or in any amendment hereto. Reimbursement for services performed by the Contractor, and not otherwise paid for by the County prior to the effective date of a termination under subsections B and C herein, shall be as the County reasonably determines. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all contract funds and compliance with this Contract. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Contract. B. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14, or unless a longer retention period is required by law. VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including those of any subcontractor to the County, the state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. C. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed'in accordance with RCW Chapter 42.17. D. If the Contractor receives a total of $25,000 or more in federal financial assistance from the County, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Program, Activities and Functions; and OMB Circulars A-133 and A-128, as amended and as applicable. Agencies receiving federal funds from more than one County department or division shall be responsible for determining if the combined financial assistance is equal to or greater than $25,000. The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the Contractor's fiscal year. VII. CONTRACT MODIFICATIONS The County and the Contractor may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the County and the Contractor shall be incorporated herein by written amendment to this Contract in advance of implementation. It is mutually agreed and understood that no alteration or variation of the terms of 3 this Contract shall be valid unless made in writing and signed by the parties hereto, aad that any oral understanding or agreements not incorporated herein, shall not be binding. VIII. SPECIAL PROVISION The County's failure to insist upon the strict performance of any provision of this Contract or to exet'cise any right based upon a breach thereof or the acceptance of any performance during such broach, shall not constitute a waiver of any right under this Contract. IX. FUTURE SUPPORT The County makes no commitment to support the services contracted for heroin and assumes no obligation for futura support of the activity contracted herein except as expressly set forth in this contract. RECAPTURE PROVISION In the event that the Contractor fails to expend county funds in accordance with law and/or the proxtisions of this Contract, the County reserves the right to recapture county funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the Contract. Repayment by the Contractor of county funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the County is required to institute proceextings to enforce this recapture provision, the County shall be entitled to its cost thereof, including reasonable aitomey's fees. XI. OWNERSHIP OF PROJECT/CAPTIAL FACILITIES The County makes no claim to any real property improved or constructed with funds under this Contract and, by this contract, does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment construct, ed or purchased under,this Contract. This provision does not extend to claims that the County may bring against the Contractor in the event of recapture of funds expended in violation of this Contract. XII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent contractor, and neither it nor its officers, agents or employees are employees of the County for any purpose. The Contractor shal! be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or .others by mason of this · Contract. The Contractor shall protect, indemnify and save harmless the County and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act and/or failure for any mason to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay the County 4 shall not be diminished or extinguished by the prior teirnination of the Contract pursuant to the Duration of Contract, or the Termination section. C. The Contractor shall protect, defend, indemnify, and save harmless the County and the State of Washington (when any funds for this Contract are provided by the State of Washington), their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any .way resulting fro the negligent acts or omissions of the Contractor, its officers, employees, and/or agents. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For the purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award and/or cost arising therefrom including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. D. Insurance Requirements: By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: (a) General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY -or- Insurance Services Office form (GL 0002 Ed. 1-73) covering COMPREHENSIVE GENERAL LIABILITY and Insurance Services form number (GL 0404 Ed. 5-81) covering BROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT; (b) Automobile Liability: Insurance Services Office form number (CA 00 01 .Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol I "any auto"; or the combination of symbols 2, 8, & 9. (C) Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of the State of Washington. 5 (d) Employers Liability or "Stop Gap": The protection provided by the Workers Compensation policy Pan 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the General Liability policy. (e) Personal Property Insurance 2. Minimum Limits of Insurance The Contractor shall maintain limits no less than, for: (a) General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury and property damage. (b) Automobile Liability: $0 combined single limit per accident for bodily injury and property damage. (c) Workers Compensation: Statutory requirements of the State of Washington. (d) Employers Liability or "Stop Gap": $0 (e) Personal Property: Contractor warrants that it will procure and maintain additional property limits equal to the amount of this contract. King County shall be added as a loss payee as respects its interests as they may appear at the time of loss. 3. Deductibles and Self Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. 4. Other Insurance Provisions The insurance policies required in this contract are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) The County, its officers, officials, employees and agents are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor-in connection with this Contract. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its 6 officers, officials, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, until after forty-five (45) days prior written notice has been given to the County. 5. Acceptability of Insurers Unless otherwise approved by the County: Insurance is to be placed with insurers with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. If at any time of the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. 6. Verification of Coverage The Contractor shall furnish the County with verification of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy am to be signed by a person authorized by that insurer to bind coverage on its behalfi The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with this Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. XlII. CONFLICT OF INTEREST King County Code Chapter 3.04 is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of this Chapter shall be a material breach of contract. A. The Contractor covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the scope of services funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the scope of services funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Contractor shall take appropriate steps to assure compliance with this provision. B. If the Contractor violates the provisions of Subsection XIV(A) or does not disclose other interest required to be disclosed pursuant to King County Code Section 3.04.120, as amended, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for 7 termination pursuant to Section IV(C) above as well ~ any other right or remedy provided in this Contract or law. . XIV. NONDISCRIMINATION King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapters. Failure by the Contractor to comply with any requirements of these Chapters shall be a material breach of contract. A. During the performance of this Contract, neither the Contractor nor any party subcontracting under the authority of this Contract shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. These laws include, 'out are not limited to, RCW Chapter 49.60 and Titles VI and VI/of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, Executive Order 11246 issued by the President of the United States and Executive Order 2001-R issued by the County Executive. B. The Contractor will consult and cooperate fully with King County, the Washington State Human Rights Commission, the Equal Employment Opportunity Commission and other appropriate federal, state and local agencies in ensuring its full compliance with the laws against discrimination. The Contractor will consult the Compliance Unit of the King County Office of Civil Rights and Compliance for information and technical assisthnce and/or for referral to other agencies of assistance. · C. If the Contractor falls to comply with King County Code Chapter 12.16, such failure shall be deemed a violation of this Chapter and a material breach of this Contract. Such breach shall be grounds for cancellation, termination or suspension of this Contract, in whole or in part. D. During the performance of this Contract, neither the Contractor nor any party subcontracting under the authority of this contract shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. · It is an unfair employment practice for any: (a) employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion', terms, conditions, wages or other privileges of employment; (b) employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; (c) employer, employment agency, or labor organization to print, circulate or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination Unless based upon a bona fide occupation qualification; (d) employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; 8 (e) employer, employment agency or a labor 6rganization to retaliate against any person because this person has opposed any practice forbidden by this chapter 'or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of King County Code, Chapter 12.18; (f) publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or cimulated any adveitisement with knowledge that the same is in violation of King County Code Section 12.18.030 C., or to segregate and separately designate advertisements as applying only to men or women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; and/or (g) employer to prohibit any person from speaking in a language other than English in the workplace unless: 1. the employer can show that requiring that employees speak English at certain times is justified by business necessity, and 2. the employer informs employees of the requirement and the consequences of violating the role. XV. MINORITY AND WOMEN'S BUSINESS ENTERPRISES King County Code Chapter 4.18 is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of this Chapter shall be a material breach of contract. During the term of this Contract, the Contractor shall: A. Comply, as to tasks and proportionate dollar amount throughout the term of this Contract, with minority/women's business utilization requirements specified in the County's request for proposal and identified in this contract. If this Contract is awarded to a firm or individual certified by the State of Washington Office of Minority and Women's Business Enterprise and recognized by King County as a minority or women's business, the minority/women's business set-aside provision shall not apply provided that the certified firm shall perform at least 25% of the work of this contract itself. B. Request approval for any proposed substitution of minority/women's businesses. The King County Office of Civil Rights and Compliance will approve the substitution of a certified minority/women's business when: (1) The minority/women's business cannot perform the necessary tasks; or (2) The minority/women's business is unwilling to perform the necessary tasks. C. Comply with original Contract percentage use of minority business enterprises and/or women's business enterprises whenever Contract supplements, amendments or change orders are made which affect the total dollar value of this Contract. D. Not engage in agreements between a responding party and a minority business enterprise and/or women's business enterprise in which said minority and/or women's business enterprise promises not to provide subcontracting quotations to other responding or potential responding parties. 9 E. Meet the goals of this Contract for contracting with minority/women's business enterprises. Goals for this Contract and any subsequent suppliments, changes, or amendments to it are % for minority businesses and % for women's businesses or a combined M/WB goal of %. Minority and woman-owned firms utilized to fill these requirements must have been certified by the State of Washington Office of Minority arid Women's Business Enterprises and recognized by the Director of the King County Department of Executive Administration prior to the time the proposal is submitted. Minority/Women's Business (M/WB) Liquidated Damages: The County in general, and the M/WB program in particular, are damaged when a contract, or a portion of a contract, to be performed by a minority/women's business is not actually performed by a minority/women's business in compliance with King County Code Chapter 4.18. Because the actual amount of such damage is not reasonably calculable, the parties agree and stipulate that liquidated damages equal to the dollar value of the utilization lost to the County due to the violation, not to exceed 1(1% of the total dollar value of the Contract, shall be the amount required to compensate the County for resulting delays in carrying out the purpose of the program, the costs of meeting utilization goals through additional contracts, the administrative costs of investigation and enforcement and other damage~and costs caused by the violation. The Contractor shall be liable to the County for such liquidated damages in the event the Contractor or a subcontractor fails to perform a commercially useful function and/or operates as a broker, front, conduit, or pass-through, as defined in King County Code, Chapter 4.18. F; Maintain relevant records and information necessa~ to document compliance,' with King County Code, Chapter 4.18 and the contractor's utilization of minority and women's businesses in its overall public and private activities, and shall include the right of the County to inspect such records. XVI. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services provided directly or indirectly under this contract shall be used for any partisan political activity or to further the election or defeat of any candidat.e for public office. XVII. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Contractor shall complete a Disability Self-Evaluation Questionnaire regarding its ability to provide programs and services to persons with disabilities mandated by Section 504 of the Rehabilitation Act of 1973, as amended, (504) and the Americans with Disabilities Act of 1990 (ADA). The Contractor will prepare a Corrective Action Plan for the structural and/or programmatic changes necessary at its premises for compliance with Section 504 and the ADA. The Contractor shall return a not~z~ Disability Assurance of Compliance form and the Corrective Action Plan must be reviewed by the King County Office of Civil Rights and Compliance before the contract will be signed. Please note that if the Contractor has previously submitted the Disability Assurance of Compliance form and Corrective Action Plan to the County, it is exempt from filing the Disability form for the current contractual year, provided that the Contractor is in the same location. In this instance, the Contractor will attach a eonv of the original signed Assurance of Compliance Form affirming continued efforts to comply- v~i~h Section 504 and the ADA of 1990. 10 XVIII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. If the cost of recycled paper is mom than fifteen percent higher than the cost of non-recycled paper, the Contractor shall notify the Contract Administrator, who may waive the recycled paper requirement. The Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. XIX. SEVERABILITY In the event any term or condition of this Contract or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Contract which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Contract are declared severable. XX. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. COUNTY: Sig~ure.' King County Executive Date for CONTRACTOR: Signature CHARLES A. BOOTH MAYOR, CITY OF AUBURN Title /,"9 Date Approved as to Form: King County Prosecuting Attorney Deputy Prosecuting Attorney Federal Taxpayer Identification # ATTEST: Robin Wohlhueter, Auburn City Clerk Michael J. Reynolds, Auburn City 1 1 Attorney CH,~RLES'A. BOOTH, MAYO Chapman. Parks & Recreation. Director June 6; 1995 Ms. Julie Koler King County Historic Preservation Program Cultural Resources Division 1115 Smith Tower 506 Second Ave. Seattle, WA 98104 Exhibit A JUN 9 1995 CULTURAL RESOURCES Dear Ms. Koler; Please extend our thanks to the Landmarks Commission for recommending $9,000 for the Magnus and.. Mary Johnson Farm from the Landmark Restoration Fund. Per our co.n.se~ation, this letter outlines the remaining Critical repairs' necessary for stabilization ot me farm buildings and is a request for an additionai'$23,500 to complete thes6 emergency repairs. Because these buildings have not been maintained for decades, the essential fabric of the buildings are threatened, thus the necessary repairs can not wait for another funding.season. It is our goal to complete the stabilization of the barn, house, and reroof both buildings prior to winter, 1996. As you will recall, the City took possession of the farm in the spring of 1994. Over the past year, the City has been steadily working to stabilize this fragile site. Among our accomplishments we have: installed facilities for an on-site caretaker, cleaned-up debris, temporarily weatherized th,' buil.'!ings, identifi{=d the antique orchard specimens, pruned trees, re-planted fruit trees, researched and documented the family history/heritage of the site, .located and. cataloged farm related art facts, and located and cataloged building parts for re-installation at a later date. Ron Murphy, Ira Gross, and Bill Briere have all donated time to assist us with the prioritization of stabilization efforts which have included at least three site visits by Ron Murphy of Stickney and Murphy, two site visits by Ira Gross (Structural Engineering), and one site visit by Bill Briere (General Contractor). Working with Ron Murphy, an'd Ira Gross, and Bill Briere, we have developed the immediate stabilization needs listed below (of which the barn structural stabilization, a'lready funded is included). Should there be a need to establish a priority between the barn and the house, our priority is the barn. BARN Engineering drawings for emergency barn structural stabilization · Structural stabilization construction (already funded by Landmarks Restoration Fund) Reroofing outline specs/description Reroofing construction $2,500 $9,000 $1,500 $11,500 King County Request 'Magnus and Mary Johnson Farm Page 2 HOUSE Engineering evaluation Rerooflng outline specs/description Reroofing construction $1,000' $1,000. $4,500 Finally; funding a project' such .a.s this one ..by a m.unlclpal government, a~s opposed to a not-for-profit organization, Is difficult. Unhke a private entity, the City does not have any other resources or abilities to fund a major capital project such as this one. While it is in the City's best Intent to preserve the Magnus and Mary' Johnson Farmstead for public use, the City at this time does not have the financial resources to undertake such a project. Private foundations typically do not fund government organlzatlor~s and the eminence of the fragility 'of the buildings prevents us from depending upon the long-term efforts required of a capital campaign to fund repairs. The recent earthquake has shifted key timbers to the barn structure making the structure questionable and jeopardizing the buildings' stability. Thus, the County's assistance, at this time, is vital to the overall stabilization of this site. Enclosed is a stabilization efforts timeline which outlines completed work as well as the efforts explained in this letter. Thank you for your consideration of our request. I would be happy to discuss this proposal with you further, please contact me at 804-5049. Sincerely, tl3ultural Programs Manager OlsorVJohnson Stabilization Efforts/Timeline Date Task Responsible Party Cost Finished Paid by Aug-94 Artifact Salvage/Site Clean-up Patric a Cosgrove . sep-94 Salaries City Site Coordinator $3,360.00 Cataloger $100.00 Artifact Handler $1,440.00 Site manual labor $1,404.00 i Materials $2,000.00 Aug-94 Toxic Waste Clean-up Dick Deal $8,000.00 Dec-96 City Aug-94 Caretaker Site Preparation Dick Deal Aug-94 City Labor $14,300.00 Septic System $3,000.00 Water System and Pump $6,000.00 Patricia Cosgrove, Kir~ Feb-95 Preliminary Omhard Stabilization Hadley Mar-95 City Trees $95.00 Tree Pruning $1,750.00 Feb-9! !Historic Landmark Nomination Josie Emmons Mar-95 City Project Coordination $750.00 Stickney/Murphy Reseamh $1,000.00 Josie Emmons, Patricia Cosgrove, Dick Deal, Preservation Aug-95 Barn Stabilization Architects Ocl-95 Staff Coordination $1,500.00 City Engineering $3,500.00 KC Grant Construction $9,000.00 Josie Emmons, Patricta Cosgrove, Dick Deal, Preservation Sep-95 House/Barn Reroofing Architects Dec-95 KC Grant Barn reroofing specs '$1,500.00 Bam reroofing construction $13,000.00 House engineering evaluation $500.00 House re,ooZing specs $1,o00.0o House ruruufing construction $5,000.~00 TOTALS $78,199.00 City of Auburn Contribution $44,699.00 King County Contribution $33,500.00 ~.RLES A'. BOOTH, MAYOR C~~~ Recreation Director ~hapman, Parks & ~ ~} ] 25 West Main, Auburn WA 98001-4998 . (206) 931-3043 April 5, 1995 Ms. Julie Koler King County Historic Preservation Program Cultural Resources Division 1115 Smith Tower 505 Second Ave, Seattle, WA 98104 Dear Ms. Koler: As you are aware, the City of Auburn has recently taken possession of the :historic Magnus and Mary Johnson Farm (Olson Canyon) and is in the process of beginning restoration efforts of this important site. The farm is one of the few remaining farmsteads in this area with a substantial number of buildings still intact. Our long-term dream for this facility is to create a cultural site which will honor the heritage of' the farm and the original family, provide opportunities for children to learn about the natural environment, and be a space for the creation and enjoyment of the traditional arts. When the City took possession last year, the site was in extreme decay, filh;d with an enormous amount of debris including some toxic waste. Realizing the fragility of both the buildings and the natural environment, we took immediate steps to temporarily weatherize important buildings, remove debris, and catalog artifacts found in the various buildings. The house was remodeled several years ago, however, in this clean-up process, We did find original windows, doors, and hardware. After several discussions with historic preservation architects at the firm of Stickney/Murphy, we have determined an emergency stabilization plan and priority schedule for immediate stabilization needs. The enclosed funding request for $53,000 allows for building documentation, evaluation and preservation planning, engineering evaluation and repair design, remedial (emergency) structural repairs, reroofing of the barn and house, and a long-range concept plan. Our timeline is to complete this phase of stabilization within the next year. While the City is willing to provide project management, technical support and staffing, . the City does not have the funds for these critical initial restoration efforts. King County funding will ensure preliminary stabilization while allowing us to develop a plan which assesses the restoration needs of the entire site and provides a capsulation of future expenses. Enclosed is a site plan, black and white photographs (please return upon review of the request), and a description of immediate restoration plans. The City has been working with Stickney/Murphy architects to develop a process for the restoration of the farm and also included is a letter from Ron Murphy outliriing procedure and related estimates. It is my understanding that you have slides in your office of the site, which were provided in the landmark nomination package. Should you require additional information or clarification of our plans, please call me at 804-5049. Thank you for your consideration of this important request. Sincerely, Jos,e Emmons Cultural Programs Manager King County Suburban Arts and Heritage Initiative 1995 Landmark ReStoration Grant Program Application General Information: Landmark Name: Council Distrlc~ Applicant: Tek~3hofle; Magnus Johnson Farm 28728 SE Green River Rd~ Kent! 13 City of Auburn 25 Vest Main Street, Auburn, VA 98001 City of Auburn Parks Department 25 West Main Street~ Auburn~ VA 98001 804-5049 Fax; 931-3053 98031 Contact Person= Josie Emmons, Cultural Programs Manager Federal Tax I.D.#: UBI: 91-6001228 (Soci~ Security # icr indMdual applica~s) Project Information On a separate page, describe the proposed project. Describe the current physical condition of the structure, and explain how the proposed work will contribute to the stabilization or restoration of the structure. Please Include photographs of any' building features discussed In the proposal. You may also Include archltecra sketches, or other similar visual aids which will help explain the project. Summa~ of Proposed Work: Buildinp; evaluation~ stabilization~ and long-range site planning for Ha~nus Johnson Farm (Ol~on Can,'on). 3. Aroount Requested: ~53 ~000 Project Timeline Design sim1 date: Constn~tion stml date: Project completion date: Upon notification of funding award Approximately three months following start date o£ design Approximately twelve month~ following start date of design FIs$~ormion Gr.~ Program A~plication Project Information, cont. Please list any.pending grant or loan applications, and the amount applied for Grant/Loan Amount N/A How do you plan to raise the remaining stabilization/restoration costs (If any)? The City will raise remainin~ restoration costs through the City itself, grants,, and potentially individual donations. The structure of the capital campaign has not been develoned and will he s~olorsd d,lr{n? th{~ phase of stabilization and planning. Describe your plans for on-going maintenance of the landmark..Also, Identify any major maintenance or repair projects you anticipate completing In the next five years. Identify sources of maintenance funds, Including donated sen(Ices. Over the next several years, the City will be restoring Magnus Johnson Farm and is com~itted to maintaining the facility as a historic site. Maintenance will be paid for by the Cityt while restoration will he completed as grant funds are ~e;ure~, 2 Restorst~n Grant ProGrim A~ol~&tlon Project gudget Information EXPENSES Design Cost breakdown including feasibility Itudies, architectural, design. engineering and other consultant feel, design development. ~chematic~, construction drawings, bid documlnt~: Buildtn$ documentation, buildins evaluation, and de~i~B Site survey, soil and stream documentation, 8ub4otal Construction Cost estimate breakdown including labor, materiaL% overhead: Remedial (emersency) structural repairs to Reroofing and related repairs (house and Soft Costs - Permits ~ub-total ~ CiCa. Costs ~m~.~. ~;,d;, 'sa~e.m~, ,~c? Project Ymna~ers (2 months FTE) Site Caretaker (2 months FTE} Parks Facilities Hanager (2 months .25 FTE) Horticulturist & Env1~-onmenta (2 months .25 FTE) Sub*total e Financing Costa ~ applicable) Fundml$1ng Costs (If applicable) Comlngency (suggest at least 5%) Total In-kind Contributions Total Project Expenses SUB-TOTAL SUB-TOTAL Cash ~ 12~500 9.000 ~6.o09 500 $ ~; 50~500 ~ 53,000 In-kind 7,500 3,200 6,,200 5.600 GRAND TOTAL PROJECT COST Project Expense~ + In-Kind Contrlbutlona 73.500 Restoration Grant Program Application C. Project Budget, cont. iNCOME (Capital Sources) 1. Applicant's Own Cash (if applicable) Ia-kind City staff, support 2. Loans (if applicable) 3. Individual Donatlona (if applicable) 4. Other Sources (if applicable) Corporations, Foundations, other Government agencies Projected Income Amoun, t Confirmed 5. Amount Requested from Landmarks Restoration Fund ~ 53 ~500 Total Projected Income Total Funds Confirmed 53.500 D. Signatures The signer declares that: (1) s/he is the owner of the landmad~ proper'p/indicated on page one of this application, or that s/he represents the owner of the landmark property and has been authorized to make this application; and that (2) s/he will assure that any lunds received as a result of this application are us;,~l only for the puq;)oses set forth herein. Signature of property owner or ol individual authorized to commif date owner in financial matters. April 5, 1995 4 Magnus and Mary Johnson Farm Preservation King County 1995 Landmark Preservation Funding Reque;~t Background: The City of Auburn has purchased the historic Magnus and Mary Johnson farm (also known as Olson Canyon) to preserve this rare turn-of-the century family farm site and develop it eventually as a controlled-use living history and arts, environmental ~tudies facility. The farm is one of the few remaining complete turn-of-the century farm sites within King County. Principle features of the site include the 1987 barn and workshop, the early 20th century farm house, weaving shed, and antique orchard. Many of other original out buildings still stand including a smoker, outhouse, and chicken coop. After taking possession in the summer of 1994, the property was cleared of debris, remnant artifacts were cataloged, buildings winterized, antique orchard pruned and replanting was begun, and a caretaker and mobile home were located on site. Immediate Stabilization Problems: The 1897 barn and workshop are in serious need of immediate stabilization. Following the earthquake of early 1995, and inspired by many years of settling, one post of the barn shifted from under the beam it supported -- endangering the .,stability of this structure. In addition to this stability problem, with each wind storm, shakes blow off, leaving the barn exposed to rot and heightened decay. The workshop is supported by hand-hewn beams, the bottom sections of which have been replaced by other wooden supports. This is an historic, solution which is unsuitable to its long-term stability. The 1902 house is roofed with 20- to 25-year-old asphalt shingles. They too blow off during wind storms and are in immediate need of replacement. The outhouse and smokehouse are in equal need of re-roofing, with moss and ferns growing from the existing antique cedar shingles. Immediate Stabilization Plan: The City recognizes that the site has been neglected for a number of years and that paramount in the restoration plan is to stabilize those buildings most endangered. Over the past several months, the City has been working with preservation architects Stickney/Murphy to develop the most efficient and logical approach to the challenges of site stabilization, As a result, it has'been determined that the first priority is for an architect and structural engineer to evaluate the current condition of the major buildings by completing a building evaluation and immediate need preservation plan and completing an engineering evaluation and structural/repair design drawings. After the completion of the design, the City will carry out remedial structural barn repairs; reroof the barn and house (and if funds allow, the weaving shed). Anticipated in these repairs will be the design and installation of metal internal braces to be placed within the barn and (if funding allows) the workshop. These braces will assist the . antique wooden members to support the building and prepare the structure(s) for the stresses of re-roofing and eventual public use. As stated above, the City recognizes that the barn, house, workshop, outhouse, and smokehouse will all need to be re-roofed with hand-Split cedar shingles or shakes as is correct for the various periods a~nd styles of each building. Included in this funding request is an allowance for only the barn and house. As more funds become available, the Ci'ty will continue re-roofi~g the remaining buildings. The final immediate need, and an important element of this funding request, is for the completion of a site concept plan which will include a basic site survey, soil and stream documentation, and a concept plan for the long-term use of the :site. Restoration Plan: The City anticipates that the complete restoration of the Johnson Farm will take several years. These initial steps, outlined above, will enable us to preserve the farm from further deterioration while developing a plan which will eventually place the park within accessibility of the public. At this early stage, the full cost of complete restoration of the farm is unknown, and it is anticipated that the building evaluation, engineering evaluation, and concept plan will outline what the next steps and resulting costs are. It is the City's hope that within the near future, all of the buildings can be stabilized and the interior and exterior work required to restore the barn,, house, and weaving shed can begin. FRANK (~. STICKNEY AND RONALD F. MURPHT, ARCHITECTS April 3. 1995 Ms. Josie Emmons Cultural Program Manager City of Auburn 25 West Main Auburn, WA 98001-~99g Re: Magnus Johnson/Olson Canyon Farm Dear Ms. Emmons: It is my understanding that you plan to seek funding for pmscrvation planning, stabilization, and other related work for the above referenced historic property. I also understand that your long- term vision for this property is to create a cultural site which will honor, the heritage of the farm and the original family, provide opportunities for children to learn about the natural cavironment, and be a space for the creation and enjo)ment of the traditional arts. Based on this information and at your request, I would suggest the following tasks and associated costs be allocated. A. Buildine Evaluation and Stabilization 1. Building Documentation (Amhitec0 Site visits (4) Measure major buildings (barn, house, weaving shed,workshop, and garage) Photograph major buildings Draw-up existing, primary buildings (barn and house) 2. Building Evaluation/Preservation Planning (Architect) Meet with (>,vner regarding building(s) use concept (short and long-term) Review available historic information Evaluate construction and condition of major buildings Reroof outline spec/description (barn and house) Coordinate structural engineer scope Coordinate stabilization/repair estimate Letter report and recommendations 3. Engineer Evaluation/Rcpeir Design (Structural Engineer) Site visits (2) Evaluate construction and condition of major buildings Structural stabilization/repair design drawings (barn) Letter report and recommendations $3,500 $5,500 $3,500 Total $12,$00 Emmons Olson Canyon Letter April 3, 1995 page 2 Buildin~ Stabilization and [Repair 1. Remedial structural repairs (barn) 2. Reroofing and related repairs (barn and house) Total $16,ooo $2S,000 Lon~ Range ConeeDt Plannino (Consultants, as appropriate) 1. Site survey (basic) 2. Soil and stream related documentation 3. Long range and historic preservation concept planning Total Grand Total $6,000 $3,000 $12,500 $50,000 I would qualify the suggested cost allocations as follows: I.L. Gross, structural engineer, has visited the site and his observations and cost suggestions were considered; Item B -- Building Stabilization and Reoalr Costs, include an allowance for State Sales Tax and A/E observation, but don't include an allowance for formal/competitive bidding or potential building permit requirements; no allowance included for hazardous material (if any) identification and abatement Item C -- Lone Ranee Concept Planning costs are allowances only, have not :been confirmed with specific consultants and could be significantly more depending on scope; and priorities and no allowance included for City of Auburn or other governmen~ involvement. Please call if you have questions or need additional information. Sincerely, Ronald F. Murphy, AIA ~]/1]/1]]5 1~:~ 205-2g~-@~2g ~ING CTV CULT PEg PAG£ ~ I Landmark S Public Benefit To ensure that the citizens fund?g to restore the City (the ConWactor) shall be ol Service Obligations"). The Obligations," set forth in Se set for in Section II below. Section I: ~ requirements for the duratio A. Contractor shall preserv significant King County La restoration or rehabilitation 10474. Section H: Ouanfifiable Pul following quantifiable publi A. Conwactor will maintain described in the designation September 1, 1995 and con, King County Historic Prese assess the maintenance of t~ B. Owner will provide wri' Commission of any circum requirement. :lng County Cultural Resources Division abilization Program- 1995 Arts & Heritage Initiative EXHIBIT B onsiderations for Ois0n/$ohnson Farm Barn Restoration t' the region receive real economic value in consideration for the ~f Auburn Landmark Olson/lohnson Farm barn, the City of Auburn 4igated to provide substantial benefits to the public (the "PuNic Public Service Obligations consist of the "Useful Life :tion I below, and the "Quantifiable Public Benefits" obligations, ~ Contractor agrees to undertake the following public benefit a of the useful life of the Landmark: and maintain the Olson/$ohnson Farm as an historic ~td ~dmark, as defined in King County Code 20.62. All future atork undertaken on the property must comply with Ordinance ~lic Benefits Obligations Contractor agrees to provide the : benefit: in good condition the features of significance of the landmark as report for a period of twenty-four years (24) years cormneneing ;luding September 1, 2019. Contractor agrees to permit staff of the atation Program, with adequate notice, to visit the property to e features of significance. en notice to. the King County Landmarks and Heritage ances which prevent the owner from complying with this King Count, Cultural Re'sources Division Parks, Plannin~ and August 14, 1995 TO: Fred Stephens, Director, Department of Execu~v; ~finistration FM: Leonard Garfield, Manager ~ .~~.. _ RE: Waiver from Standard Procurement Procedures and MWB Requirements City of Auburn: Olson/Johnson Farm The Cultural Resources Division requests approval of a waiver from standard proc~xrement procedures and M/WBE requirements for a contract with the City of Auburn for the stabilization and restoration of the King County Landmark barn at the city's Olsom'Johnson Farm. The city received an award of $24,500 from the Landmarks Stabilization Gram Program to structurally stabilize the historic barn and restore the roof. The city wo~ald like to hire a project team consisting of Sfickney & Murphy Architects; Ira Gross, structural engineer;, and Bill Briere, contractor, to complete the project. This project team has; been working with the city to document the site and develop a restoration plan. Their knowledge of the building's condition best suits them to expeditiously complete the stabilization work. Thank you for considering this matter. Please contact Cio Copass, Design Review Coordinator at 296-8682 should you have any questions or need further information. Landmark Stabilization Grant Waiver R~uest August 14, 1995 Page 2 I hereby cert~y, that the facts and statements concerning this request for a waiver from M/WBE requn'ements are accurate to thc best of my knowledge. Mhn&gor, Cultural'Reso~4~es Division Maria,'er, Purchasing . Administrator, OCRC Apl~v~tDisapprove Ap~.,y~)isapprove Date cc: Craig Larsen, Acting. Director, Parks, Planning and Resources Deparunent P~C-14-1995 1~08 20-.Van.95 Washington Cities Insurance Authority King County Arts Conun ATrN: Charlie Rathbum 1115 Smith Tower Seattle,WA 98104. RE: City of Auburn City activities, as respects County Arts Grant. Cern: ' 6~,9 RECEIVED BY FINANCE DEPT. Evidence of Coverage The above captioned entity is a member of the Washington Citi~ Insurance ~uthority (WCIA), which is a self insured pool ofover $6 municipal corporations in the State of V/ashlngton. WCIA has at least $1 million per occurrence combined single limit of liability coverage in its selfin~ured layer that may be applicable in the event an incident occurs that is deemed to be attributed to .the negligence of the member. WCIA is anlmerlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insuranc~ policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured'. Sincerely, ' David Hayasaka, CPCU, ARM Assistant Director for Operations Victor Thompson Josie Emmons One Renton Place Suite 760. 555 South Rcnton Village Place, Renton, WA 98055 (206) 764-647 ! Fax 764-4067 DEC-21-1995 16:8.~ (~ King County Department of Executive Administration Pumhaslng Agency 620 King County Admini$[ration Building 500 Fou,'th Avenue Sesrde. Washington 98104 111111 Legal Name of Business City of Auburn P. 07,, Personnel Inventory Report Revised Telephone No, 931-9043 Aisc D,,oing Business as (DBA) Address. 25 West l~aia City Auburn State WA Zip9800! DO ANY OF YOUR EMPLOYEES BELONG TO A UNION AND/OR DO YOU USE AN EMPLOYEE REFERRAL AGENCY? YES _ Xx NO . If yes, list the unions and/or employee referraJ agencies with whom you have agreements: Teamsters ~/117 If you expect to do more than $10,000 worth Of business with King County, the unions or employee referral agencles must submit a statement of compliance with King County Code Chapter 12.16, " DO YOU HAVE ANY EMPLOYEES? YES xx NO . If yes, list on the Employment Data Chart below the total number of employees for all businesses located in (1) King County. If none, list the total number o! emp[oyeas for all bus nesses located in (2) Washington State. If none, list the total nurdbe¢'of employees for all businesses located in the (3) United States. Indicate which locale (I, 2, 3) report covers: Minority Handicap Employmen( Data Whites AmericansAfrican Asians AmericansNatlve Hi,panics Handicap Sub-Total Sub-Total Jcl)Categories M I F M F M F M F M F M F M F M F Managerial 4 2 Professional 2 6 Technical 3 Clerical Sales, Service labor ..z4 2 On-Job Trainees Apprentice 'Skilled Craft Sub-Total 23 !0 *Journey wOrker: List by classification on reverse, e.g., carpenter, plumber, etc. Total numl)er of Employees Reported Above:. 33 (if no employees, write ("0"),) This report cOVers Business Location(s) in (circle one}: [King County, Washington State, Other States] for the Payroll Period ending (MONTH/DAY/YEAR): ~0/3 IRS Employer Identification Number: .... Subm . name (print O~ ~ype) DO not write belo this tine IAFFDATE I CT I CC I VENDOR CERTiF!EDSTAMP CS I SM I SF I SH I pS? TCC FPST Affidavit and Certificate of Compliance With King County Code Chapter 12.16, Discrimination and Affirmative Action in Employment by Contractors, Subcontractors.and Vendors. Company Name: City of Auburn ~ATE OF WASHINGTON ~ SS COUNt' OF KiNG The undersigned, being first duly sworn, on oath states on behalf of the Contractor as follows: Definitions: "Contractor" shall mean any contractor, vendor or con- sultant who supplies goods and/or services. "Contract" shall mean any contract, pumhasa order or agreement with King County Govern- ment, hereinafter called the County, A. Contractor recognizes that discrimination in employment is pro- hibited by federal, state and local laws. Contractor recognizes that in addition to refraining from discrimination, affirmative action is required to provide equal employment opportunity. Contractor further recognizes that this affidavit establishes minimum requirements for affimfatJve action and fair employment practices and implements the basic nondiscrimination provisions of the general contract specifica- tions as applied to service, consultant, vendor or construction con- !facts exceeding $10,000. Contractor herein agrees that this affidavit ~s incorporated as an addendum to its general contract, and recognizes that failure to comply with these requirements may con. stitute grounds for application of sanctions as set forth in the general spectficafions. King County Code Chapter 12.16 and this affidavit, PROVIDED FURTHER, that in lieu of the affidavit, the Executive may accept a statement pledging adherence to an existing contractor af- firmative action plan where the provisions of the plan are found by the Executive to substantially fulfifl the requirements of this chapter. B. Contractor shall give notice to their supervisors and employees of the requirements for affirmative action to be undertaken prior to the commencement of work. C: This person has been designated to represent the Contractor and to be responsible for securing compliance with and for reporting on the affirmative actions taken: AFFIRMATIVE ACTION REPRESENTATIVE NAME: Shelley Warner D. Contractor will cooperate fully with the Compliance Unit and ap. propriate County agents while making every reasonable "good faith" effort to comply with the affirmative action and nondiscrimination re- quiremants set forth in this sworn statement and in King County Code Chapter 12.16. E. Reports. The Contractor agrees to complete and submit with this affidavit such additional reports and records that may be necessary to determine compliance with the affidavit and to confer with the Coun- ty Compliance Officer at such times as the County shall deem necessary. The information required by this chapter includes but is not limited to the following reports and records: 1. Personnel inventory Report: This report shaft include a breakdown ct the employer worktome showing race, sex and han- dicapped and other minority data. 2. Monthly Utilization Report: This report shall apply to construc. tion contractors and subcontractors and shall provide the number of hours of employment for minority, women and handicapped empl?yees by craft and category. 3. Statement from Union or Worker Referral Agency: This statement affirms that the signee's organization has no practices and policies which discriminate on the basis of race, color, creed, religion, sex, age. marital status, sexual orientation, nationality or the presence of any sensory, mental or physical handicap, 4. Certified Weekly Payroll: This report is required from every con- struction contractor, subcontractor, and any lower tier subcontractor for each work week from, the time work starts on the project until completion. The information required in this section shall be submitted on forms provided by the County unless otherwise specified. F. ~;ubeontractom: For projects and contracts over one humdred thousand dollars ($100,000) the prime contractor shall be required to submit to the County, along with its qualifying documents under this chapter, employment profiles, Affidavits of Compliance, Reports and Union Statements from its subcontractors in the same manner as these are required of the prime contractor. Reporting requirements of the prime contractor during the contract period will apply equally tO all subcontractors. G. Employment Goals for Minorttles and Women: Employment goals shall be established for two industry categories, i.e., construc- tion contractors and vendor/service contractors, using a multi-factor "' availability analysis. 1, Construction contractor and subcontractor performance: Goal attainment is based on the total hours of employment as determined by the monthly utilization reports. 2. Consultant and vendor/service contractor performance: Goal attainment is based on the total number of employees as determin- ed by Personnel Inventory Reports. H. Employment Goals for Handicapped Persons: Employment goals for handicapped persons shall be established using the methodology deemed most relevant and the statistical data deemed the most current and representative of the avaltability of handicapped persons by the Office of CMl Rights and Compliance and shall, to the extent possible, be consistent with the methodology used to establish employment goals for the handicapped for the County's in- ternal workforce. I. Alternative Goal Option: Contractors may establish goals in- dependently if they believe the King County goals are not applicable to their specific s~tuafion. Contractors who secure King County's as- sent in pursuing this option must use a multi-factor analysis with method?logy and data sources approved by the County. J. Underrepresentatlon of Minorities, Women and Handicap- ped Persons: Underrepresentation of minorities, women and han- dicapped persons will not be deemed a per se violation of King County Code Chapter 12.16 where a contractor's employment statistics demonstrate that minorities, women and handicapped per- sons are underrepresented in its workforce in relationship to the courtly employment goals. The burden will be on the contractor to show that the minimum affirmative action requirements set forth below have ~een met and that a reasonable "good faith" affirmative action plan m compliance with this chapter has been pursued. K. Minimum Affirmative Action Measures: Contractor agrees that failure to implement and/or maintain reasonable "good faith" efforts to achieve the county employment goals will constitute a breach of this .e~ r,e et~ ~.411 r ,Th ~ evaluation al a contractor's compliance with this cb¢~_ ~sF~,b..~. 's~§ed upon the con factor's effort to achieve max- .~l~'¢.e so!~'o[~ its affirmative action program. The contractor shall ,~'~d~,.' e.lh[ t~ ~,~e~ .~,i"ts and shall implement affirmative action steps · at I~§{t.~ ~psig~'.,Cs the following: ~ .;,~' 'r~v ....... '.. .' · 1. 'Polfl~"y Dmsemlnation In ernal and externa dissemina ion ,~ ~ ~ of ~aantra~:tor s equal emp~cyment opportunity policy' postin %-,: · . .. , g .,. (;~..'~oo~dlsorlm~natlon pohc~es and of the requirements of th~s "-.., ' ~L); '_c~ ~1~.~¢.'.~, b ~ ileti n boards eeady vi.¢ ble to cji employees' notiflca- .,,...? .e)~ ¢¢~h subcontractor, labor un~on or representa~ve of workers ¢v~J~,~h~ch there is a coltacl~ve bargaining agreement or other contract, subcontract, or understanding of the contractor's commitments under this chapter, inclusion of the equal oppor- tunity po[icy in advertising in the news media and elsewhere. 2. Recruiting: Adoption of recruitment procedures designed to increase the representation of women, minorities and handi- capped persons in the pool of applicants for employment; in- cluding, but not limited to establishing and maintaining a current list of minority, women and handicapped recruitment sources, providing these sources written notification of employment opportunities and advertising vacant positions in newspapers and periodicals which have minority, female and/or handicap- pad readership. 3. :Self-Assessment and Test Validation: Review of all employment policies and procedures, including review of tests, hiring and training practices and policies, pedorming evalua- tions, seniority policies and practices, job classifications and job assignments, to assure that they do not discriminate against, or have a discriminatory impact on, minorities, women and handicapped parsons: validation of all tests and other selec- tion requirements where there is an obligation to do so under state or federal law. ,4. Record Referrals: Maintain a current ~e of application of each minority, woman and handicapped applicant or referral for employment indicating what action westaken with respect to each such individual and the reasons therefore. Contact these people when an opening exists for which they may be qualified. Names may be removed from'the file after twelve months have elapsed from their last application or referral. 5. Notice to Unions: Provide notice to laber unions of the con- tractor's nondiscrimination and affirmative action obligations pursuant to King County Code Chapter 12.16. Contractors shall also notify the King County Executive if labor unions fall to com- ply with the nondiscrimination or affirmative provisions. 6. Supervisor: Ensure that ~ll supervisory personnel under- stand and are directed to adhere to and implement the non- discrimination and affirmative action obligations of the contrac- tor under this chapter, Such direction shall include, but not be limited to, adherence to, and achievement of, affirmative action policies in pedormance appraisaJs of supervisory personnel. 7. Training: Develop on-the-job training opportunities which expressly include minorilies, women and handicapped persons, Where a contractor's employn~ent statistics demons'tr']~re that minorities, women and handicapped peFson$ ~re under. represented, failure to follow any of the requirements of Paragraph K (1-7) shall be prima facie evidence of non- compliance with this agreement.. L. Contractor~agrees in all its employment Poficies and practices to relraln from discrimination against any person on the basis of race, color, creed, religion, nationality, sex, age, marital statUS, sexual orien- tation, or the presence of any mental, physical or sensory handicap, including but not limited to hiring, firing, lay-off, promotion or demo- tion, job assignment, wages, and other terms and conditions of state and local rules, laws or ordinances and regulations regarding any such discrimination. M. Contractor agrees to provide reasonable access upon request to the premises of all places of business and employment, relative to work undertaken in this contract, and to records, files, information and employees in connection therewith, to the Compliance Unit or agent for purposes of reviewing compliance with the provisions of this affidavit and agrees to cooperate in any compliance review. N. Should the Compliance Unit find, upon complaint, investigation" or review, the Contractor not to be in good faith compliance with the provisions contained in this affidavit, it shall nofify the County and con- tractor in writing of the linding fully des~ ib~ng the basis of non- compliance. Contractor may request withdrawal of such notice' of noncompliance at such time es the compliance office has notified in writing the contractor and the County that the. noncompliance has been resolved. O. 'Die contractor agrees that any violation of the specific provisions of this chapter and of any term of the affidavit of compliance required herein, including reporting requirements, shall be deemed a viola- tion of King County Code Chapter 12.16. Any such violation shall be further deemed a breach of a material provision of the contract bet- ween the County and the contractor. Such breach shall be grounds for implementation of any sanctions provided for in this chapter, in- cluding but not limited to, cancellation, termination or suspension, in whole or in part, of the contractor by the County; liquidated damages; or disqualification of Jhe contractor PROVIDED, that the implemen- tation of any sanctions is subject to the notice and hearing provisions. of King County Code Chapter 12.16.110. P. Contrector recognizes that it is bound by all provisions of King County Code Chapter 12.16 and acknowledges receipt of a copy thereof. DESIGNATEOCONTRAL~GR: City of Auburn ADDRESS: 25 West Main Auburn Compan~ Na~e WA 98001 AUTHORIZED SIGNER: Employment Manager NAME: Shelley Werner Zip PHONE: (206)931-3006 SUBSCRIBED AND SWORN TO before me ,,'~-~N~ ~'~'~ APPROVED BY: / .,'7''~'--~*. No~aryPu'd~i~and~lheSeteo~ ~R.R~I~EA~ --,. residingat King County MY COMMZSSZON EXPZRE$: