HomeMy WebLinkAbout5027 ] ORDINANCE NO. 5 0 ~ 7
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL
4 AGREEMENT BETWEEN KING COUNTY, PORT OF SEATTLE, AND THE CITY
5 OF AUBURN, TO ACCEPT FUNDS FOR THE PURPOSE OF SHARING COSTS TO
FUND THE DESIGN OF TWO GRADE SEPARATION PROJECTS KNOWN AS
6 ~SOUTH 277TH STREET RECONSTRUCTION PROJECT/PHASE 1-GRADE
SEPARATION AND SR 18/~C" SW RAMP MODIFICATION/3RD STREET SW
7 GRADE SEPARATION", AND AUTHORIZING THE MAYOR TO
8 ADMINISTRATIVELY NEGOTIATE THE FINAL FORM OF THE AGREEMENT
WITH NO SUBSTANTIAL CHANGES.
9
10 WHEREAS, an increased international and domestic trade
has resulted in longer and more frequent train movements and
]2
the reopening of the Stampede Pass line; and
]3
14 WHEREAS, the Regional Transit Authority plans to begin
15 operating peak period commuter rail passenger service in late
1999; and
17
WHEREAS, the State of Washington has purchased two
]8
passenger rail train sets to increase the frequency of inter-
19
20 city passenger service; and
2] WHEREAS, the movement of trucks, car and pedestrians
22
across rail lines is important to the economic vitality and
23
livability of all communities in the Green River Valley,
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25
Ordinance No. 5027
September 17, 1997
Page 1
]
whether in incorporated cities or unincorporated King County;
2
and
WHEREAS, the State legislature has found (RCW 36.89.020)
4
5 that the public roads and streets in a county, whether inside
6 or outside the limits of an incorporated city, provide an
?
interconnected system for the convenient and efficient
8
movement of people and goods within the county and are of
9
general benefit to all of the residents of the county; and
10
]1 WHEREAS, the grade separation projects, while located on
12 arterials within the corporate limits of the City, will
benefit the residents of unincorporated King County as well as
14
the residents of the City.
15
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
17 WASHINGTON, DO ORDAIN AS FOLLOWS:
18 Sect.ion 1. Pursuant to Chapter 35A.33 RCW the City
19
Council hereby approves the expenditure and appropriation of
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Port of Seattle funds in the amount of 1.25 Million Dollars
2]
and 1.25 Million Dollars in funds from King County for the
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23 purpose of sharing costs to fund the design of two grade
24 separation projects known as "SOUTH 277TH STREET
25
Ordinance No. 5027
September 17, 1997
Page 2
] RECONSTRUCTION PROJECT/PHASE I-GRADE SEPARATION AND SR 18/"C"
2
SW RAMP MODIFICATION/3RD STREET SW GRADE SEPARATION".
3
Section 2. The Mayor of the City of Auburn is hereby
4
5 authorized to enter into an Interlocal Agreement between King
6 County, Port of Seattle, and the City of Auburn, to accept
7 funds for the purpose of sharing costs to fund the design of
8
two grade separation projects known as "SOUTH 277TH STREET
9
RECONSTRUCTION PROJECT/PHASE i-GRADE SEPARATION AND SR 18/"C"
]0
]1 SW RAMP MODIFICATION/3RD STREET SW GRADE SEPARATION" and to
12 administratively negotiate the final form of the Agreement
13 with no substantial changes. A copy of said Agreement is
14
attached hereto as Exhibit "A" and incorporated. herein by this
15
reference.
17 Sect.4on 3. The Mayor is hereby authorized to implement
]8 such administrative procedures as may be necessary to carry
19
out the directions of this legislation.
20
Section 4. This Ordinance shall take effect and be in
21
force five (5) days from and after its passage, approval and
22
23 publication, as provided by law.
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26
Ordinance No. 5027
September 17, 1997
Page 3
2 INTRODUCED: October 6, 1997
3 PASSED: October 6, 1997
4 APPROVED: October 60 1997
5
7
CHARLES A. BOOTH
8 MAYOR
9
10 ATTEST:
12
Robin Wohlhueter,
]4
City Clerk
15
]6
17
APPROVED AS TO FORM:
]8
19 ~/~/]
20
21 Michael J. Reynolds,
City Attorney
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26
Ordinance No. 5027
September 17, 1997
Page 4
AN INTERLOCAL AGREEMENT BETWEEN
KING COUNTY, PORT OF SEATTLE, AND CITY OF AUBURN
FOR THE GREEN RIVER VALLEY
GRADE SEPARATION DESIGN PROJECTS
This agreement is made and entered into by and between the City of Auburn, a municipal
corporation of the State of Washington, hereinafter called the "City", the Port of Seattle, a
municipal corporation of the State of Washington, hereinafter called the "Port" and
King County, a governmental subdivision of the State of Washington, hereinafter called
the "County", for the purpose of sharing costs to fund the design of two grade separation
projects known as South 277th Street Reconstruction Project/Phase 1 - Grade Separation
Design (Project 1) and SR 18/"C" Street SW Ramp Modifications/3rd Street SW Grade
Separation Design (Project 2).
RECITALS
A. Increased international and domestic trade has resulted in longer and more frequent
train movements and the reopening of the Stampede Pass line;
B. The Regional Transit Authority plans to begin operating peak period commuter rail
passenger service in late 1999;
C. The State of Washington has purchased two passenger rail train sets to increase the
frequency of inter-city rail passenger service;
D. The Green River Valley is home to designated manufacturing and industrial centers,
over 100,000 family wage jobs, and over 75,000 residents;
E. The movement of trucks, cars and pedestrians across rail lines is important to the
economic vitality and livability of all communities in the Green River Valley, whether
in incorporated cities or unincorporated King County;
F. The State legislature has found (RCW 36.89.020) that the public roads and streets in a
county, whether inside or outside the limits of an incorporated city, provide an
interconnected system for the convenient and efficient movement of people and goods
within the county and are of general benefit to all of the residents of the county;
G. The grade separation projects, while located on arterials within the corporate limits of
the City, will benefit the residents of unincorporated King County as well as the
residents of the City;
H. Policy T-201 of the King County Comprehensive Plan states that the County
transportation system should include facilities to accommodate freight and goods
delivery, including railroads;
Exhibit "A"
Page 1 Ordinance No. 5027
I. Policy T-539 of the King County Comprehensive Plan states that the County should
participate with other jurisdictions to evaluate .freight and goods movement to support
economic development;
J. The City, Port and County wish to accelerate the design of grade separation projects at
2771h Street and C/3rd Street to facilitate the movement of rail traffic and the
movement of vehicles and pedestrians on the public highways that cross the rail lines;
K. The County has budgeted and available $1.25 million for the County's contribution to
the cost of the projects;
L. The Port has budgeted and available $1.25 million for the Port's contribution to the
cost of the projects;
M. The City has completed the pre-design phases of the projects and is now ready to
begin the design phases, and has $600,000 available; and
N. The parties are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal
governmental cooperative agreement of this nature.
NOW, THEREFORE, the parties agree as follows:
AGREEMENT
1. SCOPE OF WORK
PROJECT 1
Project Title: South 2771h Street Reconstruction Project/Phase I - Grade Separation
Design.
Description: Phase I Design: Completion of design and construction bid documents
of grade separation for the BNSF and UPSP along 2771h Street from Auburn Way
North to the vicinity of 72nd Avenue South.
The City has completed preliminary planning and engineering work. Work funded by
this Agreement will complete the design work on Phase I so that it will be ready for
construction.
Schedule: Design work supported by this funding will begin when funds become
available and the City will make its best effort to complete design by September 1998.
Exhibit "A"
Ordinance No. 5027
Page 2
Technical Advisory Committee: The City has conducted public meetings and has
formed a technical advisory committee with representatives from Washington State
Department of Transportation (WSDOT), City of Kent, and King County. These
activities shall continue throughout the life of the project.
Project Consultant: Using standard City procedures, the City selected Sverdrup
Corporation as Project Consultant, with subconsultants, on August 12, 1996.
Sverdrup Corporation was selected for the duration of the preliminary phases and
design phase of the project, with options to provide construction management services
as required. Other required design and contract administration services will be
provided by the City or through additional consultant contracts as required.
Follow-on Phases: Follow-on phases including construction of Phase I and design
and construction of Phase II are not a part of this Agreement.
PROJECT 2
Project Title: SR 18/"C" Street SW Ramp Modifications/3rd Street SW Grade
Separation Design.
Description: Phase I Design: Continue design of SR 18 ramp realignment and grade
separation of BNSF tracks at 3rd Street SW. Reconfigure alignment of the SR 18
westbound ramps at C Street SW, correcting a long-standing problem that causes
congestion due to limitations in turn movements caused by physical site constraints
and construct a grade-separated crossing at the BNSF railroad line.
The City has completed preliminary planning and engineering work and partially
completed right-of-way acquisition. Work funded by this Agreement will begin the
design work-. Completion of design work is subject to availability of additional
funding from WSDOT, TIB, or other sources.
Technical Advisory Committee: The City has conducted public meetings and has
formed a technical advisory committee with representatives from WSDOT.
King County will be added to this committee. These activities shall continue
throughout the life of the project.
Project Consultant: Using standard City procedures, the City selected Earth Tech,
with subconsultants, on April 18, 1994. Earth Tech, then named Bell Walker
Engineers, was selected for the duration of the preliminary phases, including the
design phase, with options to provide construction management services as required.
Other required design and contract administration services will be provided by the
City or through additional consultant contracts as required.
Exhibit "A"
Page 3 Ordinance No. 5027
Follow-on Phases: Follow-on phases including second phase fight-of-way and
construction phase are not a part of this Agreement.
2. TERMS AND CONDITIONS
Lead Agency: The City shall be lead agency for the project in regard to SEPA
compliance and obtaining all necessary permits. As lead agency the City shall be
responsible for accomplishing all aspects of the Project Scope.
Technical Review: Under the terms of this Agreement, it is mutually agreed the
County will represent the Port on the technical advisory committees and in all design
reviews required under the terms of this Agreement.
Public Involvement: The City shall continue a public involvement process. A Public
Involvement Plan shall be jointly developed by the City, the Port, and the County.
The County and the Port shall be given at least two weeks notice of all scheduled
public meetings.
Consultants: The City has retained engineering consultants for work funded by this
Agreement. Real estate appraisals conducted under this Agreement shall be
performed by appraisers under contract with the City.
Value Engineering: The value engineering consultant (CVS) shall be determined by
the Transportation Improvement Board.
Contact Persons: The parties to this Agreement shall designate person(s) to act as
liaison for the project. The contact persons shall meet on a scheduled basis at a
frequency appropriate to the phase and status of the project.
Schedule: The schedule for the projects shall be mutually agreed upon by the parties.
All schedule changes shall be coordinated between the parties by the City. All parties
shall attend to their respective responsibilities in a manner so as not to impede
progress on the projects.
Project Design Acceptance: The City shall submit to the Technical Advisory
Committee three design reviews: preliminary, intermediate, and final. The City shall
also conduct value engineering studies as required by the Transportation Improvement
Board. The City shall not order or approve any design changes that substantially alter
the projects without approval of the County and the Port.
Progress Reports: The City shall forward progress reports to the County and the Port
on a quarterly basis. Reports shall review and update the project status related to
schedule and expenditures.
Exhibit "A"
Ordinance No. 5027
Page 4
3. COST REIMBURSEMENT AND FUNDING
Reimbursement of Cost - The County and Port shall each reimburse the City a sum
not to exceed $1.25 million for costs incurred by the City in the design of the projects
authorized under this Agreement.
Rights-of-Way: Funds provided by the Port and the County pursuant to this
Agreement shall not be used for the acquisition of rights-of-way.
Billing: The City will bill the County and Port for the actual cost of the design work.
Bills will be payable within 30 days of receipt.
4. DURATION
This Agreement is effective upon signature by all parties and shall remain in effect
until the obligations hereunder have been completed. This agreement can be
terminated by mutual written agreement of the signatories of this Agreement. All
costs incurred up to the date of termination shall be payable.
5. INDEMNIFICATION
Each party shall protect, defend, indemnify and save harmless the other party, its
officers, officials, employees and agents, from any and all claims, demands, suits,
penalties, losses, damages, judgments or costs of any kind whatsoever, (hereinafter
"claims"), arising out of or in any way resulting from each party's, its officers,
employees agents and/or subcontractors of all tiers, acts or omissions, performance or
failure to perform this Agreement, to the maximum extent permitted by law or as
defined by RCW 4.24.115, now enacted or as hereinafter amended.
Each party agrees that it is fully responsible for the acts and omissions of its own
subcontractors, their employees and agents, acting within the scope of their
employment as such, as it is for the acts and omissions of its own employees and
agents.
Each party's obligations under this section shall include, but not be limited to:
A. the duty to promptly accept tender of defense and provide defense to the
indemnified party at the indemnifying party's own expense.
B. the duty to indemnify and defend the indemnified party from any claim,
demand, and/or cause of action brought by or on behalf of any of the
indemnifying party's employees, or agents. The foregoing duty is specifically
and expressly intended to constitute a waiver of the indemnifying party' s
immunity under Washington's Industrial Insurance act, RCW Title 51, as
Page 5 Exhibit "A"
Ordinance No. 5027
respects the indemnified party only, and only to the extent necessary to
provide the indemnified party with a full and complete indemnity and defense
of claims made by the indemnifying party's employees. The parties
acknowledge that these provisions were mutually negotiated and agreed upon
by them.
In the event the indemnified party incurs any judgment, award and/or costs arising
therefrom including attorney' s fees to enforce the provisions of this article, all such
fees, expenses and costs shall be recoverable from the indemnifying party.
6. AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this Agreement
shall be subject to inspection, review or audit by the County, City or the Port during
the term of this contract and three (3) years after termination.
7. EXISTING CONTRACTS: EEO AND NON-DISCRIMINATION
COMPLIANCE
The City, prior to execution of this Agreement, has contracted with the below-listed
consultants. All contracting procedures for these projects follow the federal
contracting guidelines and are in compliance with federal procedures required to
accommodate ISTEA funding. The consultant agreements use the Standard
Consultant Agreement form as approved by WSDOT (LAG). The County accepts
these contracts as being in full compliance without amendment for work under this
Agreement. Non-discrimination provisions are contained in Section VIII of these
agreements.
Sverdrup
EarthTech
The below-listed appraisers and negotiators have been selected and are contracted
with the City for 1997 and duration of assignment:
Clendaniel, Lema, Watts, Inc.
Strickland, Heischman & Hoss, Inc.
Universal Field Services, Inc.
Should services other than those that are available from the existing contracts be
required, the City agrees to include contract provisions as provided in sections 8, 9
and 10 of this Agreement.
Exhibit "A"
Page 6 Ordinance No. 5027
8. MINORITY AND WOMEN'S BUSINESS ENTERPRISE REQUIREMENTS
In connection with the performance of work and services under this Agreement, the
County will implement the Minority and Women's Business Enterprise (MWBE)
Program requirements set forth in chapters 4.18 and 28.20 of the King County Code,
which provisions are incorporated herein by this reference. The City shall implement
and comply with the procedures and requirements set forth in Exhibit A attached to
this Agreement. The King County M/WBE & Contract Compliance (CC) Division
will assist the City in identifying opportunities for participation by MWBEs and
means by which such participation may be achieved. Engineering consultants for the
project are under contract with the City and the City does not expect to require
additional consultant services. If additional consultant services are required during
the term of this Agreement, the City shall include MWBE participation requirements
acceptable to the MWBE & CC Division in procurement and contract documents for
such work and services. The City shall be responsible for compliance by its third
party contractors with MWBE requirements.
9. EQUAL EMPLOYMENT OPPORTUNITY (EEO) REQUIREMENTS
In accordance with the requirements set forth in chapter 12.16 of the King County
Code, which provisions are incorporated herein by this reference, the City shall
comply with the following equal employment opportunity (EEO) provisions:
A. The City will require that each of its third party contractors and subcontractors
complete and submit affidavits and certificates of compliance regarding EEO as
determined necessary and appropriate by the County. The City shall ensure that
such contractors and subcontractors implement and carry out the obligations
contained in their affidavits and certificates of compliance regarding EEO.
B. The City will, prior to the commencement and during the term of this Agreement,
furnish the County, upon request and on such forms as may be provided by the
County, a report of the affirmative action taken by the third party contractors and
subcontractors in implementing the terms of this provision.
C. Failure to implement and carry out such obligations in good faith may be
considered by the County as a material breach of this Agreement and grounds for
withholding payment and/or termination of the Agreement.
10. NON DISCRIMINATION
In accordance with the requirements set forth in chapter 12.16 of the King County
Code, which provisions are incorporated herein by this reference, the City shall
comply with the following equal employment opportunity (EEO) provisions:
Exhibit "A"
Page 7 Ordinance No. 5027
During performance of this Agreement, the City agrees that it will not discriminate
against any employee or applicant for employment because of religion, color, race,
sex, sexual orientation, age, national origin, or the presence of any sensory, mental or
physical disability, nor tolerate harassment based on any of these categories, unless
based upon a bona fide occupational qualification. The City will take affirmative
action to ensure that applicants and employees are treated, without regard to their
creed, color, race, religion, sex, sexual orientation, age, national origin, or the
presence of such disability. Such affirmative action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeships. The City agrees
to post in conspicuous places available to employees and applicants for employment
notices setting forth the provisions of this nondiscrimination clause.
The City will, prior to the commencement and during the term of this Agreement,
furnish the County, upon request and on such forms as may be provided by the
County, ~a report of the affirmative action taken by the City in implementing the terms
of this provision, and will permit access by the County to the City's records of
employment, employment advertisements, application forms, other pertinent data and
records related to this Agreement for the purpose of monitoring and investigation to
determine compliance with these EEO requirements.
If additional consultant services are required during the term of this Agreement, the
City will require that each of its third party contractors and subcontractors complete
and submit affidavits and certificates of compliance regarding EEO as determined
necessary and appropriate by the County. The City shall ensure that such contractors
and subcontractors implement and carry out the obligations contained in their
affidavits and certificates of compliance regarding EEO. Failure to implement and
carry out such obligations in good faith may be considered by the County as a
material breach of this Agreement and grounds for withholding payment and/or
termination of the Agreement.
11. NOTICES
All notices pursuant to this Agreement shall be given in writing and delivered by US
mail or delivered in person to the following:
For the Port: Steve Sewell
Port of Seattle
Marine Division
PO Box 1209
Seattle WA 98111
Exhibit "A"
Page S Ordinance No. 5027
For the County: Chuck Mize, Director
Conununity and Governmental Affairs
400 King County Courthouse
516 3rd Ave
Seattle WA 98104
For the City: Jack Locke, P.E.
Special Projects Engineer
Department of Public Works
25 W Main St
Auburn WA 98001
12. NO THIRD PARTY RIGHTS
Nothing contained herein is intended to, nor shall be construed to, create any rights in
any party not a signatory to this Agreement, or to form the basis for any liability on
the part of the City, the County or the Port, or their officials, employees, agents or
representatives, to any party not a signatory to this Agreement.
If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
13. SEVERABILITY
If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
14. NON-WAIVER
Waiver of any breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach, and shall not be construed to be a
modification of this Agreement.
15. AMENDMENT
This Agreement may be amended only by an instrument in writing duly executed by
all of the parties to this Agreement.
16. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and any representations
or understandings, whether oral or written, not incorporated herein are excluded.
Page 9 Exhibit "A"
Ordinance No. 5027
IN WITNESS WHEREOF, the City, the County and the Port have executed this
Agreement effective as of the date last written below.
CITY OF AUBURN:
Charles A. Booth, Mayor
Date
KING COUNTY:
unty Executive
Date
PORT OF SEATTLE:
M.R. D smoro, Executive Director
Date
Exhibit "A"
Page 10
Ordinance No. 5027
October 13, 1997 Introduced By: GREG NICKELS
clerk 10/11/97 Proposed No.: 97-608
0244,
2 ,. A MOTION authorizing the King County executive to
3 execute interlocal agreements with the Cities of Auburn and
4 Tukwila and the Port of Seattle relating to the design of
5 grade separations in the Green River valley.
6 WHEREAS, increased intemational and domestic trade has resulted in longer and
7 more frequent train movements and the reopening of the Stampede Pass line, and
8 WHEREAS, the Regional Transit Authority plans to begin operating peak period
9 commuter rail passenger service in late 1999, and
10 WHEREAS, the State of Washington has purchased two passenger rail train sets to
11 increase the frequency of inner-city rail passenger service, and
12 WHEREAS, the Green River valley is home to designated manufacturing and
13 industrial centers, over 100,000 family wage jobs, and over 75,000 residents, and
14 WHEREAS, the movement of trucks, cars and pedestrians across rail lines is
15 important to the economic vitality and livability of all communities in the Green River
16 valley, whether in incorporated cities or unincorporated King County, and
17 WHEREAS, the state legislature has found (RCW 36.89.020) that the public roads
18 and streets in a county, whether inside or outside the limits of an incorporated city, provide
19 an interconnected system for the convenient and efficient movement of people and goods
20 within the county and are of general benefit to allof the residents of the county, and
10344 ;.
1
2 WHEREAS, the grade separation projects, while located on arterials within the
3 corporate limits of the city, will benefit the residents ofunincorporated King County as
4 well as the residents of the city, and
5 WHEREAS, policy T-201 of the King County Comprehensive Plan states that the
6 county transportation system should include facilities to accommodate freight and goods
7 delivery, including railroads, and
8 WHEREAS, Policy T-539 of the King County Comprehensive Plan states that the
9 county should participate with other juriSdictions to evaluate freight and goods movement
10 to support economic development, and
11 WHEREAS, the cities of Aubum and Tukwila, the Port of Seattle and King County
12 wish to accelerate the design of grade separation projects at 277th Street, C/3rd Street and
13 South 180th Street to facilitate the movement of rail traffic and the movement of vehicles
14 and pedestrians on the public highways that cross the rail lines;
15
16
17
18
19
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24
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10344!
1
2 NOW, THEREFORE, BE IT MOVED by the Council of King County:
3 The King County executive is authorized to execute interlocal agreements,
4 substantially in the form attached, with the cities of Auburn and Tukwila and the Port of
5 Seattle relating to the design of grade separations in the Green River valley.
7 19
8 KING COUNTY COUNCIL
9 KING COUNTY, WASHINGTON
/
10 a~~
11 Ch
12 ATTEST:
14 Clerk of the Council
15
16 Attachments: Interlocal A~eement
-3-
10344 !
AN INTERLOCAL AGREEMENT BETWEEN
KING COUNTY, PORT OF SEATTLE, AND CITY OF TUKWILA
FOR THE SOUTH 180TH
GRADE SEPARATION DESIGN PROJECT
This agreement is made and entered into by and between the City of Tukwila, a municipal
corporation .of the State of Washington, hereinafter called the "City", the Port of Seattle, a
municipal corporation of the State of Washington, hereinafter called the "Port" and King County,
a governmental subdivision of the State of Washington, hereinafter called the "County", for the
purpose of sharing costs to fund the design of a grade separation project known as the South
180th Project.
RECITALS
A. Increased international and domestic trade has resulted in .longer and more frequent train
movements and the reopening of the Stampede Pass line;
B. The Regional Transit Authority plans to begin operating peak period commuter rail passenger
service in late 1999;
C. The State of Washington has purchased two passenger rail train sets to increase the frequency
of inter-city rail passenger service;
D. The Green River Valley is home to designated manufacturing and industrial centers, over
100,000 family wage jobs, and over 75,000 residents;
E. The movement of tracks, cars and pedestrians across rail lines is important to the economic
vitality and livability of all communities in the Green River Valley, whether in incorporated
cities or unincorporated King County;
F. The State legislature has found (RCW 36.89.020) that the public roads and streets in a
county, whether inside or outside the limits of an incorporated city, provide an interconnected
system for the convenient and efficient movement of people and goods within the county and
are of general benefit to all of the residents of the county;
G. The grade separation project, while located on an arterial within the corporate limits of the
City, will benefit the residents of unincorporated King County as well as the residents of the
City;
Page 1
H. Policy T-201 of the King County Comprehensive Plan states that the County transportation
system should include facilities to accommodate freight and goods delivery, including
railroads;
I. Policy T-539 of the King County Comprehensive Plan states that the County should
participate with other jurisdictions to evaluate freight and goods movement to support
economic development;
J. The City, Port and County wish to accelerate the design of the grade separation project for the
Burlington Northern Santa Fe and Union Pacific Southern Pacific along 180th South to
facilitate ~he movement of rail traffic and the movement of vehicles and pedestrians on the
public highways that cross the rail lines;
K. The County has budgeted and available $200,000 for the County's contribution to the cost of
this project;
L. The Port has budgeted and available $250,000 for the Port's contribution to the cost of this
project; :
M. The City has $100,000 available; and
N. The parties are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal
governmental cooperative agreement of this nature.
NOW, THEREFORE, the paxties agree as follows:
AGREEMENT
1. SCOPE OF WORK
Project Title: South 180th Project.
Description: Completion of environmental assessment, fight-of-way plan and predesign of
grade. separation for the Burlington Northern Santa Fe and Union Pacific Southern Pacific
along South 180th.
Schedule: Work supported by this funding will begin when funds become available and the
City will make its best effort to complete the work by September 1998.
Technical Advisory Committee: The City will conduct public meetings and form a Technical
Advisory Committee with representatives from Washington State Department of
Transportation (WSDOT), City of Kent, City of Renton and King County.. These activities
shall continue throughout the life of the project.
Page 2
Project Consultant: The City has advertised for consultant support on this project and will
select a consultant with subconsultants.
2. TERMS AND CONDITIONS
Lead Agency: The City shall be lead agency for the project in regard to SEPA compliance
and obtaining all necessary permits. As lead agency the City shall be responsible for
accomplishing all aspects of the Project Scope.
Technical Review: Under the terms of this Agreement, it is mutually agreed the County will
represent the Port on the Technical Advisory Committee and in all design reviews required
under the terms of this Agreement.
Public Involvement: The City shall conduct a public involvement process. A Public
Involvement Plan shall be jointly developed by the City, the Port, and the County. The
County and the Port shall be given at least two weeks notice of all scheduled public meetings.
Consultants: The City will retain engineering consultants for work funded by this
Agreement. Real estate appraisals conducted under this Agreement shall be performed by
appraisers under contract with the City.
Contact Persons: The parties to this Agreement shall designate person(s) to act as liaison for
the project. The contact persons shall meet on a scheduled basis at a frequency appropriate to
the phase and status of the project.
Schedule: The schedule for the project shall be mutually agreed upon by the parties. All
schedule changes shall be coordinated between the parties by the City. All parties shall
attend to their respective responsibilities in a manner so as not to impede progress on the
project.
Project Design Acceptance: The City shall submit the predesign and environmental
assessment to the Technical Advisory Committee for review.
Progress Reports: The City shall forward progress reports to the County and the Port on a
quarte~y basis. Reports shall review and update the project status related to schedule and
expenditures.
3. COST REIMBURSEMENT AND FUNDING
Reimbursement of Cost - The County shall reimburse the City a sum not to exceed $200,000
for costs incurred for work authorized under this Agreement. The Port shall reimburse the
City a sum not to exceed $250,000 for costs incurred by the City for work authorized under
this Agreement.
Page 3
Rights-of-Way: Funds provided by the Port and the County pursuant to this Agreement shall
not be used for the acquisition of fight-of-way.
Billing: The City will bill the County and Port for the actual cost of the design work. Bills
will be payable within 30 days of receipt.
4. DURATION
This Agreement is effective upon signature by all parties and shall remain in effect until the
obligations hereunder have been completed. This agreement can be terminated by mutual
written agreement of the signatories of this Agreement. All costs incurred up to the date of
termination shall be payable.
5. INDEMNIFICATION
Each party shall protect, defend, indemnify and save harmless the other party; its officers,
officials, employees and agents, from any and all clalrns, demands, suits, penalties, losses,
damages, judgments or costs of any kind whatsoever, (hereinafter "claims"), arising out of or
in any way resulting from each party's, its officers, employees agents and/or subcontractors
of all tiers, acts or omissions, performance or failure to perform this Agreement, to the
maximum extent permitted by law or as defined by RCW 4.24.115, now enacted or as
hereinafter amended.
Each party agrees that it is fully responsible for the acts and omissions of its own
subcontractors, their employees and agents, acting within the scope of their employment as -
such, as it is for the acts and omissions of its own employees and agents.
Each party's obligations under this section shall include, but not be limited to:
A. the duty to promptly accept tender of defense and provide defense to the indemnified
party at the indemnifying party' s own expense.
B. the duty to indemnify and defend the indemnified party from any claim, demand,
and/or cause of action brought by or on behalf of any of the indemnifying party' s
employees, or agents. The foregoing duty is specifically and expressly intended to
constitute a waiver of the indemnifying party's immunity under Washington's
Industrial Insurance Act, RCW Title 51, as respects the indemnified party only, and
only to the extent necessary to provide the indemnified party with a full and complete
indemnity and defense of claims made by the indemnifying party' s employees. The
parties acknowledge that these provisions were mutually negotiated and agreed upon
by them.
In the event the indemnified party incurs any judgment, award and/or costs arising there-
from including attorney's fees to enforce the provisions of this article, all such fees, expenses
and costs shall be recoverable from the indemnifying party.
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AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this Agreement shall be
subject to inspection, review or audit by the County, City or the Port during the term of this
contract and three (3) years after termination.
7. MINORITY AND WOMEN'S BUSINESS ENTERPRISE REQUIREMENTS
In connection with the performance of work and services under this Agreement, the County
will impl6ment the Minority and Women's Business Enterprise (MWBE) Program
requirements set forth in chapters 4.18 and 28.20 of the King County Code, which provisions
are incorporated herein by this reference. The City shall implement and comply with the
procedures and requirements set forth in Exhibit A attached to this Agreement. The King
County M/WBE & Contract Compliance (CC) Division will assist the City in identifying
opportunities for participation by MWBEs and means by which such participation may be
achieved..Engineering consultants for the project are under contract with the City and the
City does not expect to require additional consultant services. If additional consultant
services are required during the term of this Agreement, the City shall include MWBE
participation requirements acceptable to the MWBE & CC Division in procuremerit and
contract documents for such work and services. The City shall be responsible for compliance
by its third party contractors with MWBE requirements,
8. EQUAL EMPLOYMENT OPPORTUNITY (EEO) REQUIREMENTS
In accordance with the requirements set forth in Chapter 12.16 of the King County Code,
which provisions are incorporated herein by this reference, the City shall comply with the
following equal employment opportunity (EEO) provisions:
A. The City will require that each of its third party contractors and subcontractors complete
and submit affidavits and certificates of compliance regarding EEO as determined
necessary and appropriate by the County. The City shall ensure that such contractors and
subcontractors implement and carry out the obligations contained in their affidavits and
certificates of compliance regarding EEO.
B.' The City will, prior to the commencement and during the term of this Agreement, furnish
the County, upon request and on such forms as may be provided by the County, a report
of the affirmative action taken by the third party contractors and subcontractors in
implementing the terms of this provision.
C. Failure to implement and carry out such obligations in good faith may be considered by
the County as a material breach of this Agreement and grounds for withholding payment
and/or termination of the Agreement.
Page 5
D. The City will require that each of its third party contractors 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
(504), as amended, 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 notarized Disability Assurance of Compliance form and the
Corrective Action Plan with the Contract. The Disability Assurance of Compliance form
and the Corrective Action Plan must be reviewed by the city before the Contract will be
signed.
9. NON DISCRIMINATION
In accordance with the requirements set forth in Chapter 12.16 of the King County Code,
which provisions are incorporated herein by this reference, the City shall comply with the
following equal employment opportunity (EEO) provisions:
During performance of this Agreement, the City agrees that it will not discriminate against
any employee or applicant for employment because of religion, color; race, sex, sexual
orientation, age, national origin, or the presence of any sensory, mental or physical disability,
nor tolerate harassment based on any of these categories, unless based upon a bona fide
occupational qualification. The City will take affirmative action to ensure that applicants and
employees are treated, without regard to their creed, color, race, religion, sex, sexual
orientation, age, national origin, or the presence of such disability. Such affirmative action
shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeships. The City agrees
to post in conspicuous places available to employees and applicants for employment notices
setting forth the provisions of this nondiscrimination clause.
The City will, prior to the commencement and during the term of this Agreement, furnish the
County, upon request and on such forms as may be provided by the County, a report of the
affirmative action taken by-the City in implementing the terms of this provision, and will
permit access by the County to the City's records of employment, employment advertise-
ments, application forms, other pertinent data and records related to this Agreement for the
purpose of monitoring and investigation to determine compliance with these EEO
requirements.
If additional consultant services are required during the term of this Agreement, the City will
require that each. of its third party contractors and subcontractors complete and submit
affidavits and certificates of compliance regarding EEO as determined necessary and
appropriate by the County. The City shall ensure that such contractors and subcontractors
implement and carry out the obligations contained in their affidavits and certificates of
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10344
compliance regarding EEO. Failure to implement and carry out such obligations in good
faith may be considered by the County as a material breach of this Agreement and grounds
for withholding payment and/or termination of the Agreement.
10. NOTICES
All notices pursuant to this Agreement shall be given in writing and delivered by US
mail or delivered in person to the following:
For the Port: Steve Sewell
" Port of Seattle
Marine Division
P. O. Box 1209
Seattle, WA 98111
For the County: Chuck Mize
For the City: Ross Ernst
1L NO THIRD PARTY RIGHTS
Nothing contained herein is intended to, nor shall be construed to, create any rights in any
party not a signatory to this Agreement, or to form the basis for any liability on the part of the
City, the County or the Port, or their officials, employees, agents or representatives, to any
party not a signatory to this Agreement.
12. SEVERABILITY
If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall
not be affected thereby if such remainder would then continue to serve the purposes and
objectives of the parties.
13. NON-WAIVER
Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver
of any prior or subsequent breach, and shall not be construed to be a modification of this
Agreement.
14. AMENDMENT
This Agreement may be amended only by an instrument in writing duly executed by all of the
parties to this Agreement.
Page 7
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and any representations or
understandings, whether oral or written, not incorporated herein are excluded.
IN WITNESS WHEREOF, the City, the County and the Port have executed this Agreement
effective as of the date last written below.
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AN INTERLOCAL AGREEMENT BETWEEN
KING COUNTY, PORT OF SEATTLE, AND CITY OF AUBURN
FOR THE GREEN RIVER VALLEY
GRADE SEPARATION DESIGN PROJECTS
This agreement is made and entered into by and between the City of Auburn, a municipal
corporation of the State of Washington, hereinafter called the "City", the Port of Seattle, a
municipal'corporation of the State of Washington, hereinafter called the "PorC and
King County, a governmental subdivision of the State of Washington, hereinafter called
the "County", for the purpose of sharing costs to fund the design of two grade separation
projects 1Cnown as South 2771h Street Reconstruction Project/Phase 1 - Grade Separation
Design (Project I ) and SR 18/"C" Street SW Ramp Modi~cations/3rd Street SW Grade
Separation Design (Project 2).
RECITALS
A. Increased international and domestic trade has resulted in longer and more frequent
train movements and the reopening of the Stampede Pass line;
B. The Regional Transit Authority plans to begin operating peak period commuter rail
passenger service in late 1999;
C. The State of Washington has purchased two passenger rail train sets to increase the
frequency of inter-city rail passenger service;
D. The Green River Valley is home to designated manufacturing and industrial centers,
over 100,000 family wage jobs, and over 75,000 residents;
E. The movement of trucks, cars and pedestrians across rail lines is important to the
economic vitality and' livability of all communities in the Green River Valley,
whether in incorporated cities or unincorporated King County;
F. The State legislature has found (RCW 36.89.020) that the public roads and streets in a
county, whether inside or outside the limits of an incorporated city, provide an
interconnected system for the convenient and efficient movement of people and goods
within the county and are of general benefit to all of the residents of the county;
G. The grade separation projects, while located on medals within the corporate limits of
the City, will benefit the residents of unincorporated King County as well as the
residents of the City;
H. Policy T-201 of the King County Comprehensive Plan states that the County
transportation system should include facilities to accommodate freight and goods
delivery, including railroads;
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09/26/97
I. Policy T-539 of the. King County Comprehensive Plan states that the County should
participate with other jurisdictions to evaluate freight and goods movement to support
economic development;
J. The City, Port and County wish to accelerate the design of grade separation projects
at 2771h Street and C/3rd Street to facilitate the movement of rail traffic and the
movement of vehicles and pedestrians on the public highways that cross the rail lines;
K. The County has budgeted and available $1.25 million for the County's contribution to
the co~t of the projects;
L. The Port has budgeted and available $1.25 million for the Port's contribution to the
cost of the projects;
M. The City has completed the pre-design phases of the projects and is now ready to
begin the design phases, and has $600,000 available; and
N. The parties are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal
governmental cooperative agreement of this nature.
NOW, THEREFORE, the. parties agree as follows:
AGREEMENT
1. SCOPE OF WORK
PROJECT 1
Project Title: South 2771h Street Reconstruction Project/Phase I - Grade Separation
Design.
Description: Phase I Design: Completion of design and construction bid documents
of grade separation for the BNSF and UPSP along 2771h Slxeet from Aubum Way
North to the vicinity of 72nd Avenue South.
The City has completed preliminary planning and engineering work. Work funded by
this Agreement will complete the design work on Phase I so that it will be ready for
construction.
Schedule: Design work supported by this funding will begin when funds become
available and the City will make its best effort to complete design by September
1998.
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10344
Technical Advisory Committee: The City has conducted public meetings and has
formed a technical advisory committee with representatives from Washington State
Department of Transportation (WSDOT), City of Kent, and King County. These
activities shall continue throughout the life of the project.
Project Consultant: Using standard City procedures, the City selected Sverdrup
Corporation as Project Consultant, with subconsultants, on August 12, 1996.
Sverdmp. Corporation was selected for the duration of the preliminary phases and
design phase of the project, with options ~o provide construction management
services as required. Other required design and contract administration services will
be provided by the City or through additional consultant contracts as required.
Follow-on Phases: Follow-on phases including construction of Phase I and design
and construction of Phase II are not a part of this Agreement.
PROTECT 2
Project Title: SR 18/"C" Street SW Ramp Modi~cations/3rd Street SW Grade
Separation Design.
Description: Phase I Design: Continue design of SR 18 ramp realignment and grade
separation of BNSF tracks at 3rd Street SW. Recon~gure alignment of the SR 18
westbound ramps at C Street SW, correcting a long-standing problem that causes
congestion due to limitations in turn movements caused by physical site constraints
and construct a grade-separated crossing at the BNSF railroad line.
The City has completed preliminary planning and engineering' work and partially
completed right-of-way acquisition. Work funded by this Agreement will begin the
design work. Completion of design work is subject to availability of additional
funding from WSDOT, TIB, or other sources.
Technical Advisory Committee: The City has conducted public meetings and has
formed a technical advisory committee with representatives from WSDOT.
King County will be added to this committee. These activities shall continue
throughout the life of the project.
Project Consultant: Using standard City procedures, the City selected Earth Tech,
with subconsultants, on April 18, 1994. Earth Tech, then named Bell Walker
Engineers, was selected for the duration of the preliminary phases, including the
design phase, with options to provide construction management services as required.
Other required design and contract administration services will be provided by the
City or through additional consultant contracts as required.
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09/26/97
Follow-on Phases: Follow-on phases including second phase fight-of-way and
construction phase are not a part of this Agreement.
2. TERMS AND CONDITIONS
Lead Agency: The City shall be lead agency for the project in regard to SEPA
compliance and obtaining all necessary permits. As lead agency the City shall be
responsible for accomplishing all aspects of the Project Scope.
Technical Review: Under the terms of this Agreement, it is mutually agreed the
County will represent the Port on the technical advisory committees and in all design
reviews required under the terms of this Agreement,
Public Involvement: The City shall continue a public involvement process. A Public
Involvement Plan shall be jointly developed by the City, the Port, and the County.
The County and the Port shall be given at least two weeks notice of all scheduled
public meetings.
Consultants: The City has retained engineering consultants for work funded by this
Agreement. Real estate appraisals conducted under this Agreement shall be
performed by appraisers under contract with the City.
Value Engineering: The value engineering consultant (CVS) shall be determined by
the Transportation Improvement Board.
Contact Persons: The parties to this Agreement shall designate person(s) to act as
liaison for the project. The contact persons shall meet on a scheduled basis at a
frequency appropriate to the phase and status of the project.
Schedule: The schedule for the projects shall be mutually agreed upon by the parties.
All schedule changes shall be coordinated between the parties by the City. All parties
shall attend to their respective responsibilities in a manner so as not to impede
progress on the projects.
Project Design Acceptance: The City shall submit to the Technical Advisory
Committee three design reviews: preliminary, intermediate, and final. The City shall
also conduct value engineering studies as required by the Transportation
Improvement Board. The City shall not order or approve any design changes that
substantially alter the projects without approval of the County and the Port.
Progress Reports: The City shall forward progress reports to the County and the Port
on a quarterly basis. Reports shall review and update the project status related to
schedule and expenditures.
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09/26/97
10344
3. COST REIMBURSEMENT AND FUNDING
Reimbursement of Cost - The County and Port shall each reimburse the City a sum
not to exceed $1.25 million for costs incurred by the City in the design of the projects
authorized under this Agreement.
Rights-of-Way: Funds provided by the Port and the County pursuant to this
Agreement shall not be used for the acquisition Of rights-of-way.
Billing: The City will bill the County and Port for the actual cost of the design work.
Bills trill be payable within 30 days of receipt.
4. DURATION
This Agreement is effective upon signature by all parties and shall remain in effect
until the obligations hemunder have been completed. This agreement can be
terminated by mutual written agreement of the signatories of this Agreement. All
costs incurred up to the date of termination shall be payable.
5. INDEMNIFICATION
Each party shall protect, defend, indemnify and save harmless the other party, its
officers, officials, employees and agents, from any and all claims, demands, suits,
penalties, losses, damages, judgments or costs of any kind whatsoever, (hereinafter
"claimS"), arising out of or in any way resulting from each party's, its officers,
employees agents and/or subcontractors of all tiers, acts or omissions, performance or
failure to perform this Agreement, to the maximum extent permitted by law or as
defined by RCW 4.24.115, now enacted or as hereinafter amended.
Each party agrees that it is fully responsible for the acts and omissions of its own
subcontractors, their employees and agents, acting within the scope of their
employment as such, as it is for the acts and omissions of its own employees and
agents.
Each party's obligations under this section shall include, but not be limited to:
A. the duty to promptly accept tender of defense and provide defense to the
indemnified party at the indemnifying party's own expense.
B. the duty to indemnify and defend the indemnified party from any claim,
demand, and/or cause of action brought by or on behalf of any of the
indemnifying party's employees, or agents. The foregoing duty is specifically
and expressly intended to constitute a waiver of the indemnifying party's
immunity under Washington' s Industrial Insurance act, RCW Title 51, as
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09/26/97
respects the indemnified party only, and only to the extent necessary to
provide the indemnified party with a full and complete indemnity and defense
of claims made by the indemnifying party's employees. The parties
acknowledge that these provisions were mutually negotiated and agreed upon
by them.
In the event the indemnified party incurs any judgment, award and/or costs arising
therefrom including attorney's fees to enforce the provisions of this article, all such
fees, expenses and costs shall be recoverable from the indemnifying party.
6. AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this Agreement
shall be subject to inspection, review or audit by the County, City or the Port during
the term of this contract and three (3) years after termination.
7. EXISTING CONTRACTS: EEO AND NON-DISCRIMINATION
COMPLIANCE
The City, prior to execution of this Agreement, has contracted with the below-listed
consultants. All contracting procedures for these projects follow the federal
contracting guidelines and are in compliance with federal procedures required to
accommodate ISTEA funding. The consultant agreements use the Standard
Consultant Agreement form as approved by WSDOT (LAG). The County accepts
these contracts as being in full compliance without amendment for work under this
Agreement. Non-discrimination provisions are contained in Section VIII of these
agreements.
Sverdrup
EarthTech
The below-listed appraisers and negotiators have been selected and are contracted
with the City for 1997 and duration of assigument:
Clendaniel, Lema, Watts, Inc.
Strickland, Heischman & Hoss, Inc.
Universal Field Services, Inc.
Should services other than those that are available from the existing contracts be
required, the City agrees to include contract provisions as provided in sections 8, 9
and 10 of this Agreement.
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10344
8. MINORITY AND WOMEN'S BUSINESS ENTERPRISE REQUIREMENTS
In connection with the performance of work and services under this Agreement, the
County will implement the Minority and Women's Business Enterprise (MWBE)
Program requirements set forth in chapters 4.18 and 28.20 of the King County Code,
which provisions are incorporated herein by.this reference. The City shall implement
and comply with the procedures and requirements set forth in Exhibit A attached to
this Agreement. The King County M/WBE & Contract Compliance (CC) Division
will assist the City in identifying opportunities for participation by MWBEs and
means by which such participation may be achieved. Engineering consultants for the
project are under contract with the City and the City does not expect to require
additional consultant services. If additional consultant services are required during -
the term of this Agreement, the City shall include MWBE participation requirements
acceptable to the MWBE & CC Division in procurement and contract documents for
such work and services. The City shall be responsible for compliance by its third
party contractors with MWBE requirements.
9. EQUAL EMPLOYMENT OPPORTUNITY (EEO) REQUIREMENTS
In accordance with the requirements set forth in chapter 12. i 6 of the King County
Code, which provisions are incorporated herein by this reference, the City shall
.comply with the following equal employment oppommity (EEO) provisions:
A. The City will require that each of its third party contractors and subcontractors
complete and submit affidavits and certificates of compliance regarding EEO as
determined necessary and appropriate by the County. The City shall ensure that
such contractors and subcontractors implement and carry out the obligations
contained in their aftdavits and certificates of compliance regarding EEO.
B. The City will, prior to the commencement and during the term of this Agreement,
furnish the County, upon request and on such forms as may be provided by the
County, a report of the affirmative action taken by the third party contractors and
subcontractors in implementing the terms of this provision.
C. Failure to implement and carry out such obligations in good faith may be
considered by the County as a material breach of this Agreement and grounds for
withholding payment and/or termination of the Agreement.
10. NON DISCRIMINATION
In accordance with the requirements set forth in chapter 12.16 of the King County
Code, which provisions are incorporated herein by this reference, the City shall
comply with the following equal employment opportunity (EEO) provisions:
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09/26/97
During performance of this Agreement, the City agrees that it will not discriminate
against any employee or applicant for employment because of religion, color, race,
sex, sexual orientation, age, national origin, or the presence of any sensory, mental or
physical disability, nor tolerate harassment based on any of these categories, unless
based upon a bona fide occupational qualification. The City will take affirmative
action to ensure that applicants and employees are treated, without regard to their
creed, color, race, religion, sex, sexual orientation, age, national origin, or the
presence of such disability. Such affirmative action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeships. The City agrees
to post in conspicuous places available to employees and applicants for employment
notices setting forth the provisions of this nondiscrimination clause.
The City will, prior to the commencement and during the term of this Agreement,
furnish the County, upon request and on such forms as may be provided by the
County, a report of the affirmative action taken by the City in implementing the terms
of this provision, and will permit access by the County to the City's records of
employment, employment advertisements, application forms, other pertinent data and
records related to this Agreement for the purpose of monitoring and investigation to
determine compliance with these EEO requirements.
If additional consultant services are required during the term of this Agreement, the
City will require that each of its third party contractors and subcontractors complete
and submit affidavits and certificates of compliance regarding EEO as determined
necessary and appropriate by the County. The City shall ensure that such contractors
and subcontractors implement and can'y out the obligations contained in their
affidavits and certificates of compliance regarding EEO. Failure to implement and
carry out such obligations in good faith may be considered by the County as a
material breach of this Agreement and grounds for withholding payment and/or
termination of the Agreement.
1 I. NOTICES
All notices pursuant to this Agreement shall be given in writing and .delivered by US
mail or delivered in person to the following:
For the Port: Steve Sewell
Port of Seattle
Marine Division
PO Box 1209
Seattle WA 98111
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09/26/97
1034
rot the County: Chuck Mizc, Director
Community and Governmental Affairs
400 King County Courthouse
516 3rd Ave
Seattle WA 98104
For the City: Jack Locke, P.E.
Special Projects Engineer
Department of Public Works
25 W Main St
Auburn WA 98001
12. NO THIRD PARTY RIGHTS
Nothing contained herein is intended to, nor shall be construed to, create any fights in
any party not a signatory to this Agreement, or to form the basis for any liability on
the part of the City, the County or the Port, or their officials, employees, agents or
representatives, to any party not a signatory to this Agreement.
If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
13. SEVERABILITY
If any provision of this Agreement' shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
14. NON-WAIVER
Waiver of any breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach, and shall not be construed to be a
modification of this Agreement.
15. AMENDMENT
This Agreement may be amended only by an instrument in writing duly executed by
all of the parties to this Agreement.
16. ENTIRE AGREEMENT
This Agreement contains the entire agreement of the parties and any representations
or understandings, whether oral or written, not incorporated herein are excluded.
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09/26/97
IN WITNESS WHEREOF, the City, the County and the Port have executed this
Agreement effective as of the date last written below.
CITY OF AUBURN:
Charles A. Booth, Mayor
Date
KING COUNTY:
Ron Sims, King County Executive
Date
PORT OF SEATTLE:
M.R. Dimmore, Executive Director
Date
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