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$: