23-160.00 CenturyLinkUtility Preliminary Engineering
Utility Name &Address
Agreement
Qwest Corporation d/b/a CenturyLink QC
904 N Columbus St
Work by Utility — Cost Split
Spokane, WA99202
between Utility and Local Agency
Agreement Number
Region
Control Section
Project Title/Location
UT
7
Pines Road/BNSF Grade Separation Project
State Route Number
Mileposts
SR 27/290
From See Exhibit to
Estimated Agreement Amount
$55,379.83
This Utility Preliminary Engineering Agreement (Agreement) is entered into between the City of Spokane
Valley (LOCAL AGENCY) and the above named "UTILITY," individually the "Party" and collectively the
"Parties."
Recitals
1. LOCAL AGENCY is planning the construction or improvement of State Route as shown above for the
listed LOCAL AGENCY project, and in connection therewith, it is necessary to remove, relocate or
construct certain UTILITY facilities.
2. LOCAL AGENCY will be responsible for the cost of the preliminary engineering for the UTILITY's facilities
that are located on private property owned and operated by the BNSF Railway pursuant to a series of
agreements with BNSF, or other property described in Exhibit C documenting ownership of and/or
interest in real property, such as an easement, fee title, or court finding of prescriptive right, described in
Exhibit C, which is impacted by LOCAL AGENCY's project, but LOCAL AGENCY will not be responsible
for preliminary engineering costs associated with UTILITY facility betterment costs that UTILITY
independently elects to undertake as a result of any BNSF project.
3. It is deemed to be in the best public interest for the UTILITY to develop the preliminary engineering,
including the preparation of plans, specifications and cost estimate for the removal, relocation or
construction of the UTILITY's facilities as part of LOCAL AGENCY's project. However, before
commencing the above, the Parties agree that it is first necessary (a) identify the areas where the
LOCAL AGENCY project conflicts with the existing facilities of the UTILITY, and (b) begin to identify
mitigation measures the LOCAL AGENCY and/or UTILITY can implement to avoid the expense of
removing, replacing, or relocating any existing facilities of the UTILITY, (collectively, the "Initial
Phase"). This Agreement is only for the completion of the Initial Phase, which solely includes the tasks
identified in Exhibit A, hereafter referred to herein as the "Work."
4. LOCAL AGENCY and the UTILITY intend to enter into (a) a second agreement to cover the
actual cost for preparation of plans, specifications and cost estimate for removal, relocation or
construction of the UTLITY's facilities necessitated by the LOCAL AGENCY's project, and then
ultimately (b) a UTILITY Construction Agreement to cover the actual construction, relocation,
and/or removal of the UTILITY's facilities.
Now, Therefore, in consideration of the terms, conditions, covenants, and performances contained herein, as
well as the attached Exhibits which are incorporated and made a part hereof,
It Is Mutually Agreed As Follows:
1. Plans, Specifications, and Cost Estimates
1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects shall determine
and establish the definitions and applicable standards and payments under this Agreement. By this
reference this document is adopted and made a part of this Agreement as if fully contained herein.
Page 1 of 5
Betterment: A betterment is any improvement to the UTILITY's facilities not required by code, regulation, standard
industry practice, or any other applicable regulation. If any of the Work constitutes a betterment as defined in the
Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the UTILITY is solely responsible
for the preliminary engineering costs of such improvement.
1.2 The UTILITY agrees to perform the Work, for the purpose of identifying the extent to which and specific
locations where the LOCAL AGENCY's project conflicts with facilities of the UTILITY, and preliminarily
identifying mitigation measures that can be implemented to avoid and/or limit the need for removal,
relocation, and construction of UTILITY facilities.
1.3 The UTILITY agrees to provide LOCAL AGENCY a copy of all documents identifying the conflicts and
potential mitigation, including but not limited to all reports, memorandums, drawings, plans, and
specifications. LOCAL AGENCY will review the same to ensure that it complies with LOCAL AGENCY,
state, and federal requirements and standards prior to incorporating it into LOCAL AGENCY project plans
1.4 In performing the Work, the UTILITY shall comply with the terms identified in Exhibit B attached hereto.
1.5 If the UTILITY is not adequately staffed or equipped to perform all of the Work required herein, the
UTILITY may have all or part of the Work performed by consultant(s) under a contract let by the
UTILITY or have the Work performed under an ongoing contract with a UTILITY consultant. UTILITY
consultant(s) shall be in good standing with LOCAL AGENCY, and the UTILITY shall provide to LOCAL
AGENCY for LOCAL AGENCY review a cost estimate for the Work to be performed by the UTILITY's
consultant(s).
1.6 The UTILITY agrees to schedule and perform the Work in such manner as not to delay or interfere with
LOCAL AGENCY's contractor in the performance of LOCAL AGENCY's project. The UTILITY shall be
responsible for any costs resulting from delay of, or interference with, LOCAL AGENCY's project
contractor, to the extent the delay or interference is attributable to the UTILITY or the UTILITY's
contractor.
2. Payment
2.1 The LOCAL AGENCY and UTILITY shall equally share in the cost to complete the Work identified in Exhibit
A; the LOCAL AGENCY'S estimated share is the "Estimated Agreement Amount" specified at the top of this
Agreement. The Parties agree that LOCAL AGENCY is not responsible for costs required as a result of
any project originated by BNSF. Exhibit A contains an itemized total cost estimate of the Work.
2.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done by the
UTILITY, agrees to reimburse the UTILITY for one-half of the actual direct and related indirect cost of the
Work identified in Exhibit A. The UTILITY agrees to invoice LOCAL AGENCY and provide supporting
documentation for all charges for the Work, and LOCAL AGENCY agrees to pay the UTILITY its 50%
share of those costs within thirty (30) days of receipt of an accepted invoice. Payments shall not be
more frequent than one per month. A partial payment will not constitute agreement as to the
appropriateness of any item and that, at the time of final invoice, the Parties will resolve any
discrepancies.
2.3 The UTILITY shall submit a final billing to the LOCAL AGENCY within six months following completion of
the Work. The final billing shall itemize all costs incurred (inclusive of the UTILITY'S 50% share of said
costs), the payments previously submitted by the LOCAL AGENCY to the UTILITY, and the remaining
balance owed by the LOCAL AGENCY towards its 50% share of the total costs.
3. Change in Work or Cost Increase
3.1 Should it be necessary to modify the Scope of Work, the UTILITY agrees to immediately notify the
LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to provide written notice of
its acceptance or rejection of the change(s), in writing, within thirty (30) working days.
4. Right of Entry
Page 2 of 5
4.1 Subject to the UTILITY obtaining all required permits and meeting any other requirements for Work
conducted within the publicly owned right of way, the LOCAL AGENCY hereby grants to the UTILITY a
right of entry onto all lands in which LOCAL AGENCY has an interest for the purpose of performing the
Work. Upon completion and acceptance of the Work, this right of entry shall terminate except as
otherwise provided in Section 5.6.
4.2 The UTILITY agrees to obtain rights of entry, if needed, upon all privately owned lands necessary to
perform the Work. The UTILITY also agrees to obtain all necessary permissions for LOCAL AGENCY to
enter upon such lands, if required, for the duration of this Agreement. The UTILITY agrees to provide the
rights of entry and applicable permissions to LOCAL AGENCY within sixty (60) calendar days of entering
into this Agreement. Upon completion of the Work on such lands, the rights of entry and permissions
shall terminate, except as otherwise provided in Section 5.6.
5. General Provisions
5.1 Indemnification: UTILITY shall, at its sole expense, defend, indemnify, and hold harmless City and its
officers, agents, and employees, from any and all third party claims, actions, suits, liability, loss, costs,
attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to
or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by UTILITY,
UTILITY's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,
subject only to the limitations provided below. However, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence
of the UTILITY and the City, its officers, officials, employees, and volunteers, the UTILITY's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the UTILITY's negligence.
It is further specifically and expressly understood that the indemnification provided herein constitutes the
UTILITY's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement.
5.2 Applicable Laws and Standards. UTILITY agrees to comply with all applicable laws, federal requirements
including but not limited to Build America, Buy America (BABA), Title VI of the Civil Rights Act, and all
other federal/state requirements implicated by the LOCAL AGENCY's funding source per Exhibit B, and
environmental requirements of any jurisdictional agency and is responsible for obtaining any necessary
environmental permits required in order to perform the Work and to require the same of its agents,
employees, and contractors.
5.3 Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered
Transactions.
A. By executing this Agreement, the UTILITY certifies to the best of its knowledge and belief that
it and its principals, and all consultants, contractors, subcontractors, and subcontractors
performing work pursuant to this Agreement for the UTILITY:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph
(A)(2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
5.4 Disputes: If a dispute occurs between the UTILITY and LOCAL AGENCY at any time during the
Page 3 of 5
performance of the Work pursuant to this Agreement, the Parties agree to negotiate at the management
level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution; the Parties
agree to enter into arbitration and/or mediation before proceeding to any other legal remedy. The Parties
agree to equally share in the cost of a mediator or arbiter.
5.5 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce
any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall
be brought in the superior court situated in Spokane County, Washington unless filing in another county
is required under any provision of the Revised Code of Washington. The prevailing party in any litigation
or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation
(including expert witness fees).
5.6 Termination: The UTILITY understands that the LOCAL AGENCY retains the right to terminate this
Agreement for convenience upon thirty (30) calendar days written notice to the UTILITY. In the event
that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the
UTILITY for all allowable costs under this Agreement incurred prior to the date of termination, including
the costs of materials procured for use in the project through the date of termination, unless the UTILITY
determines, in its discretion, that said materials can be deployed to other projects. Further, in the event
funding for the Work is withdrawn, reduced, or limited in any way after the execution of this Agreement
and prior to normal completion, LOCAL AGENCY may terminate the Agreement upon less than the thirty
(30) calendar day notice requirement, subject to renegotiation at LOCAL AGENCY's sole option
pursuant to the revised funding limitations and conditions.
5.7 Amendments. This Agreement may be amended by the mutual agreement of the Parties. Such
amendments or modifications shall not be binding unless put in writing and signed by persons authorized
to bind each of the Parties.
5.8 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and
the employees of each Party and any of its contractors, subcontractors, consultants, and the employees
thereof, shall not in any manner be deemed to be the employees of the other Party.
5.9 Audit and Records: During the progress of the Work and for a period of not less than six (6) years from
the date of final payment, the UTILITY shall maintain the records and accounts pertaining to the Work and shall
make them available during normal business hours and as often as necessary, for inspection and audit by the
State of Washington, and/or Federal Government and copies of all records, accounts, documents or other data
pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies
produced. If any litigation, claim or audit is commenced, the records and accounts along with supporting
documentation shall be retained until any litigation, claim or audit finding has been resolved even though such
litigation, claim or audit continues past the six -year retention period.
5.10 Ownership of Documents. Copies of all drawings, plans, specifications, and other related documents
delivered to LOCAL AGENCY under this Agreement are and shall be the property of LOCAL AGENCY, and
may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The
written, graphic, mapped, photographic, or visual documents delivered to LOCAL AGENCY under this
Agreement shall, unless otherwise provided, be deemed the property of LOCAL AGENCY. LOCAL AGENCY
shall be permitted to retain these documents, including reproducible camera-ready originals of reports,
reproduction quality mylars of maps, and copies in the form of computer files, for the LOCAL AGENCY's non-
commercial, exclusively governmental use in relation to this Project. Except to the extent this Agreement
provides otherwise, and subject to applicable laws, including but not limited to Chapter 42.56 RCW, LOCAL
AGENCY shall have authority to publish, disclose, distribute, and otherwise use, in whole or in part, any
reports, data, drawings, images, or other material delivered to LOCAL AGENCY under this Agreement for non-
commercial, exclusively governmental purposes in relation to this Project, provided that UTILITY shall have no
liability for the use of UTILITY's work product outside of the scope of its intended purpose. Should LOCAL
AGENCY receive a request for public records related to or arising from this Agreement, LOCAL AGENCY shall
provide notice to UTILITY of the request to allow UTILITY time to determine if they wish to seek to obtain a
court order requiring the record to be withheld and otherwise comply with applicable laws in relation to such
request.
5.11 Workinq Days: Working days for this Agreement are defined as Monday through Friday, excluding
Washington State holidays per RCW 1.16.050.
Page 4 of 5
In Witness Whereof. the Parties hereto have executed this Agreement as of the Party's date last signed below.
City of Spokane Valley
Utility
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Page 5of5
Exhibit A
Lumen TechnologiesTM - Engineering Cost Estimate
Item
Estimated
Amount
Terra Technologies -' Engineering'Services
$
7056400
Due Diligence
17,200.00
Conflict Identification
15,968.00
Conflict Mitigation
32,620.00
Project Management
4776.00
Contingency (25% of Terra Technologies labor)
$
17641.00
Subtotal88,205.00
General & Admin Fee (13% of Subtotal)
$
11,46665
Lumen - Internal Labor
$
11,088.00
Total
COSV Share - 50%
$
55,379.83
Lumen Share - 50%
$
55,379.83
Lumen will identify all conflicts caused by the Pines Grade Separation Project
and within the project Area of Potential Effect (APE — see attached map) based
on the (a) project design provided by the City and (b) existing and proposed
locations of Lumen facilities provided by Lumen. Lumen will work with the City
and its consultants to complete due diligence, conflict identification, and conflict
mitigation/analysis for conflicts with the Pines Grade Separation Project and
within the project APE.
The City will review Lumen identified conflicts with proposed mitigation
measures and confirm whether further conflicts exist with the project design or
within the APE. The City's review will be based on the City's project design,
Lumen's identification of its facilities, and Lumen's proposed mitigation
measures. Lumen agrees that the City has the right to rely on Lumen's
identification of its facilities and proposed mitigation measures, and that any
such reliance by the City is reasonable.
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X TERRA Lumen Technologies - Road Move Relocation:
A CONORUMV COMPANY COSV Pines Rd-BNSF Grade Separation N.797669
Terra Technologies LLC - Engineering Scope of Work
PROJECT DETAILS
City of Spokane Valley is completing construction along N Pines Rd from E Pinecroft Way to E Trent Ave
and along E Trent Ave from N Pines Rd to the Spokane River, approximately 2000 LF. The project includes
construction of a railroad grade separation (road underpass), roundabout, pedestrian pathway, road
improvement, significant re -grading, retaining walls, BNSF foundations and additional trackage, and
storm water improvements.
City of Spokane Valley has requested utility coordination for conflicts with Lumen facilities. Conflict
identification, mitigation and design is required in addition to working with project's design team as they
progress their project design.
City of Spokane Valley is currently scheduled to begin construction in Spring 2024.
This scope of work is for the engineering services requested by Lumen for the relocation of
approximately 2000LF of existing Lumen infrastructure, including major duct banks, manholes, copper
and fiber facilities.
Estimated costs and assumptions are provided below.
SCOPE OF WORK
TASK 1: Due Diligence
• Contact agency to obtain plans and/or electronic files of the current project design.
• Determine project location, limits and scope.
• Research, review, and verify Lumen Technologies records and other sources to define the location
and types of facilities in the project area and preliminary potential impacts.
• Coordinate with Lumen Technologies and agency for identification of affected facilities.
Estimated Cost: $17,200
TASK 2: Conflict Identification
• Research and review Lumen Technologies records and facilities and other sources to further
define and verify the location and types of facilities in the project area.
• Coordinate with agency to obtain electronic copies of the current project plan set for this project.
• Coordinate with Lumen Technologies and agency for identification of affected facilities.
• Prepare Base Plan Maps for the project from agency's files.
• Analysis of the information and determine initial conflicts.
• Make recommendations for any additional testing that may be required to further determine
where conflicts exist on the project site (field design locates, potholing)
Estimated Cost: $15,968
TASK 3: Conflict Mitigation and Analysis
Perform initial alternative analysis and feasibility of relocation pathway, with current agency
design information available.
Page 1 of 2
Oft" TERRA Lumen Technologies - Road Move Relocation:
A CONOMM'COMPANV COSV Pines Rd-BNSF Grade Separation N.797669
Terra Technologies LLC - Engineering Scope of Work
• Identify areas where there is potential for agency to revise the project design or construction
methods in order to mitigate conflicts/minimize impact with Lumen Technologies facilities.
Coordinate with the Project Engineer and agency to incorporate those changes into their project
plans and specifications.
• Determine a list of conflicts that cannot be mitigated with revisions to the project plans and
specifications and therefore require the relocation of Lumen Technologies facilities.
• Work with Lumen Technologies staff to review proposed utility relocation with respect to:
o Minimization of impact to Lumen Technologies' operations.
o Cost for Lumen Technologies to construct the new facilities.
o Physical practicality of constructing the proposed relocations.
• Prepare Civil Base Map deliverable.
Estimated Cost. $32,620
TASK 4: Project Management and Coordination
• Internal project communication, coordination and project management.
• Project Communication and Coordination with Lumen Technologies and agency.
• Support Lumen in preparation of reimbursement estimates.
• Support Lumen in client project tracking, reviews and progression of project.
• Lumen Technologies funding requests.
Estimated Cost: $4,776
Summary:
This work shall be performed on an hourly basis for those items identified in the scope of work.
Exclusions: Construction management and/or construction services for the relocation of identified
conflicts with Lumen Technologies facilities are not included in this scope of work.
This work and scope of services is estimated to be $70,564.
Page 2 of 2
Exhibit B — Assurance of Compliance with Applicable Federal Law
During the performance of this Agreement, the UTILITY, for itself, its assignees, , and successors in interest
(hereinafter referred to as the "Consultant") agrees as follows (and will require the same of its agents,
employees, and contractors):
1. Compliance with Regulations: The Consultant shall comply with the federal laws set forth in Section 7 of this
Exhibit ("Acts and the Regulations") relative to non-discrimination in federally -assisted programs of the U.S.
Department of Transportation, Washington State Department of Transportation (WSDOT), as they may be
amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement.
2. Non-discrimination: The Consultant, with regard to the work performed by it during this Agreement, shall not
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The Consultant shall not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when
the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by
competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-
discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The Consultant shall provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required of Consultant is in the
exclusive possession of another who fails or refuses to furnish the information, the Consultant shall so certify to
the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination
provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to
be appropriate, including, but not limited to:
a. withholding payments to the Consultant under the Agreement until the Consultant complies; and/or
b. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant shall include the provisions of paragraphs one through six of this
Exhibit in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The Consultant shall take action with respect to any
subcontract or procurement as the City, WSDOT, USDOT, or Federal Railroads Administration may direct as a
means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, the
Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, the
Consultant may request the United States to enter into the litigation to protect the interests of the United States.
7. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to
comply with the following non-discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the
basis of race, color, national origin);23 CFR Part 200; 49 CFR Part 21; and 49 Part 26.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal -aid programs and projects);
Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination
on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the
basis of age);
Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are
Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in
the operation of public entities, public and private transportation systems, places of public accommodation, and
certain testing entities (42 U.S.C. §§12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination
on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -
Income Populations, which ensures Non-discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of Limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because
of sex in education programs or activities (20 U.S.C. §1681 et seq.);
49 U.S.0 § 306, which prohibits discrimination on the basis of race, color, national origin, or sex in railroad
financial assistance programs; and
RCW 49.60.180
Any other nondiscrimination regulation implemented related to any of the prior above stated statutes, any other
nondiscrimination Executive Order implemented related to the above stated statutes, any USDOT Order
implemented related to nondiscrimination, and any other applicable federal laws, regulations, requirements,
and guidance prohibiting discrimination.
8. Compliance with 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirements: This Agreement shall be subject to 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards and the United States Department of Transportation
implementing regulations at 2 C.F.R. Part 1201 (see 2 C.F.R. § 200.101), and such provisions are incorporated by
reference herein.
9. Compliance with Subconsultant provisions of Consolidated Rail Infrastructure and Safety Improvements
Cooperative Agreement between City and USDOT Federal Railroad Administration, Agreement No.
69A36520501340CRSWA ("CRISI Agreement"): Consultant has read CRISI Agreement, is familiar with, and
agrees to comply with all provisions applicable to City's subconsultants therein. All provisions of the CRISI
Agreement applicable to City's subconsultants are hereby incorporated by reference herein.
10. Prohibition in Trafficking in Persons: Consultant and any subconsultant shall not (a) engage in sever forms of
trafficking in persons during the period of this Agreement; (b) procure a commercial sex act during the period of
time that the award is in effect, or (c) use forced labor in the performance of this Agreement. This Agreement shall
be terminated if Consultant, subconsultant, or any of their employees, officers, or officials is determined to have
either violated any provision of this paragraph directly or through such conduct is imputed to the City or Consultant
pursuant to the standards set forth in 2 C.F.R. part 180, as implemented at 2 C.F.R. part 1200. Consultant and
any subconsultants shall notify the City immediately if they receive information from any source alleging a violation
of this paragraph during the term of this Agreement.
11. Federal Railroad Administration Review: The Federal Railroad Administration shall have the right to participate
in the review of examination of any services provided as part of this Agreement or sub -agreement while such
services are in progress or upon completion.