Online Information Resources - CityClerk (2024)

ORDINANCE _________________

AN ORDINANCE, relating to a vehicular and pedestrian ramp over North Northlake Way beneath the George Washington Memorial (Aurora Avenue) Bridge, amending Ordinance 118908, as amended by Ordinance 121855, updating the insurance and bond requirements,and amending the annual fee; renewing the term of the permit to the Quadrant Corporation; providing for acceptance of the permit and conditions; and ratifying and confirming certain prior acts.

WHEREAS, by Ordinance 118908, the City of Seattle granted the Quadrant Corporation permission to construct, operate, and maintain a vehicular and pedestrian ramp over North Northlake Way beneath the Aurora Avenue North Bridge for a ten-year term,renewable for two successive ten-year terms, and this ordinance was amended by Ordinance 121855; and

WHEREAS, the permission authorized by Ordinance 118908 was due for renewal on March 28, 2008; and

WHEREAS, the Quadrant Corporation has submitted an application to the Seattle Department of Transportation Director (Director) to continue maintaining and operating the vehicular and pedestrian ramp and paid annual fees up to March 2010; and

WHEREAS, the Quadrant Corporation has satisfied all terms and conditions of the original authorizing ordinance and the Director recommends that the term permit be renewed subject to the terms identified in this ordinance; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The permission granted to the Quadrant Corporation by Ordinance 118908 and amended by Ordinance 121855 to maintain and operate a vehicle and pedestrian ramp over North Northlake Way beneath the George Washington Memorial (Aurora Avenue)Bridge is renewed for a ten-year period starting March 29, 2008, and ending at 11:59 p.m. on March 28, 2018, upon the terms and conditions set forth in Ordinance 118908, as amended by Ordinance 121855, and as further amended by this ordinance.

Section 2. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Ordinance 118908, as amended by Ordinance 121855, are amended as follows:

1. Permission. Subject to the terms and conditions of this ordinance, permission (( is hereby )) (also referred to in this ordinance as a permit) is granted to Quadrant Corporation, and itssuccessors and assigns (( ("Permittee") )) as approved by the Director of the Seattle Department of Transportation, (Permittee) to construct, maintain , and operate a ramp for vehicular and pedestrianaccess , including parking and landscape areas adjacent to the east and west sides of the ramp in the North Northlake Way rightof-way (collectively ramp) over and across North Northlake Way, located beneath the George Washington Memorial(Aurora Avenue) Bridge. The (( access )) ramp will be approximately 38 feet in width and will extend south from the southerly margin of North 34th Street, between several support columns of the George Washington Memorial(Aurora Avenue) Bridge, to the southerly margin of North Northlake Way, more specifically described as follows:

That portion of North Northlake Way in the Southwest Quarter of Section 18, Township 25 North, Range 4 East, W.M. in King County, Washington. Connecting at the intersection of the west line of Aurora Avenue North, as condemned by the State of Washingtonunder King County Superior Court Cause No. 224187, and the southerly margin of the Burlington Northern, Inc., former right-of-way for its former Sumas Branch, thence South 77° 29' 03" East a distance of 68.61 feet along said southerly margin to theTrue Point of Beginning; thence continuing South 77° 29' 03" East a distance of 38.57 feet along said southerly margin and the northeasterly margin of North Northlake Way; thence South 00° 00' 39" West a distance of 12.84 feet; thence South10° 51' 33" West a distance of 41.20 feet; thence South 00° 00' 39" West a distance of 7.12 feet to the southerly margin of North Northlake Way; thence North 77° 25' 35" West a distance of 30.64 feet along said southerly margin; thence North00° 00' 39" East a distance of 62.10 feet to the True Point of Beginning.

(( Said )) The ramp will consist of concrete retaining walls with earth backfill and a paved asphalt surface, and will include parking and landscape areas adjacent to the east and west sides of the ramp in theNorth Northlake Way right-of-way. These parking and landscape areas are to be maintained by the Permittee and recognized as compensation for public access to the BurkeGilman trail and shall be excluded from the calculation of the annual fee as requiredin Section 13C. The purpose of the ramp is to provide vehicular and pedestrian access to the Quadrant Lake Union Center, adjoining properties, and public right-of-way .

2. Term. The permission (( herein )) granted to the Permittee, and its successors and assigns as approved by the Director of the Seattle Department of Transportation (Director), shall be for a termof ten (( (10) )) years, commencing on the effective date of this ordinance and terminating at 11:59 p.m. on the last day of the tenth year(( ; provided, however, that upon )) . Upon written application of the Permittee at least (( thirty (30) )) 180 days before expiration of the term, the Director (( of Transportation ("Director") )) or the City Council mayrenew the permit twice, each time for (( two (2) )) a successive ten (( (10) )) year (( terms, provided further that the )) term. The total term of the permission(( as originally granted and thus extended )) , including renewals, shall not exceed (( thirty (30) )) 30 years, subject to the right of(( The )) the City of Seattle (( ("City") )) (City) to require the removal of the ramp or to revise by ordinance (( to then revise any of the terms and conditionscontained herein. )) any of the terms and conditions of the permission granted by this ordinance. The Permittee shall submit any application for a new permission no later than 180 days prior to the expiration of the then-existingterm.

3. Removal for public use or cause. The (( permit )) permission granted (( hereby )) is subject to (( primary and secondary )) use of the streetright-of-way by the City and the public for travel , (( and )) utility purposes, and (( the )) other public uses or benefits. The City expressly reserves the right to deny renewal, or terminate the permission at any time prior to expiration of the initial term or any renewal term, and require the Permittee to remove the ramp, or any portion thereof or installation thereon, at the Permittee's sole cost and expense in the event that:

(a) The City Council determines(( , )) by ordinance(( , )) that the space occupied by the ramp is necessary for any (( primary or secondary )) public use orbenefit(( , )) or that the ramp interferes with any (( primary or secondary )) public use or benefit; or

(b) The Director (( of Transportation ("Director") )) determines that use of the ramp has been abandoned; or

(c) The Director determines that any term or condition of this ordinance has been violated(( , )) and (( such )) the violation (( is )) has not been corrected by the Permittee (( with thirty (30) days of )) by the compliance date after a written (( notification from )) request by the City to correct theviolation (unless a notice to correct is not required due to an immediate threat to the health or safety of the public) .

A City Council determination the space is (( necessary for a primary or secondary )) needed for, or the ramp interferes with, a public use or benefit (( shall be )) is conclusiveand final without any right of the Permittee to resort to the courts to adjudicate the matter .

4. Permittee's obligation to remove and restore. (( In the event that the permit )) If the permission granted is not renewed at the expiration of a term , or if the permission(( hereby granted extends to its termination in thirty (30) years, or the City orders removal of the ramp pursuant to the terms of this ordinance, )) expires without an application for a new permission being granted, or ifthe City terminates the permission, then within (( ninety (90) )) 90 days after (( such )) expiration(( , termination or order of removal )) or terminationof permission , or prior to (( the )) any earlier date stated in an (( "Order to Remove", as the case may be, )) ordinance or order requiring removal of the ramp, thePermittee shall , at its own expense, remove the ramp and (( shall place )) all of the Permittee's equipment and property and replace and restore all portions of the street right-of-way or public place that may have been disturbed for any part of the ramp(( , )) in as good condition for public use as they were prior to construction(( , )) of the ramp and in at least as goodcondition in all respects as the abutting portions (( thereof. Whereupon the )) of the right-of-way as required by the applicable SDOT standards for right-of-way restoration.

Failure to remove the ramp as required by this section is a violation of Chapter 15.90 of the Seattle Municipal Code (SMC) (or successor provision); however, applicability of Chapter 15.90 does not eliminate any remedies available to the City underthis ordinance or any other authority. If the Permittee does not timely fulfill its obligations under this section, the City may in its sole discretion remove the ramp and restore the street right-of-way or public place at the Permittee's expense, andcollect such expense in the manner provided by law.

Upon the Permittee's completion of removal and restoration in accordance with this section, or upon the City's completion of the removal and restoration and Permittee's payment to the City of the City's costs in connection therewith, the Director shall then issue a (( certificate discharging )) certification that the Permittee(( from responsibility )) has fulfilled its removal and restoration obligations under this ordinance (( for occurrences after the date of such discharge )).

5 A . Repair or reconstruction. The Permittee shall not (( commence reconstruction, relocation, readjustment or repair of the pipeline system )) reconstruct or repair the ramp except ((under the supervision of, and in strict accordance with plans and specifications approved bythe Director )) in strict accordance with plans and specifications approved by the Director . The Director (( in his/her)) may, in the Director's judgment (( may )) , order (( such reconstruction, relocation, readjustment or repair of the pipeline system )) the ramp reconstructedor repaired at the Permittee's own cost and expense because of : the deterioration or unsafe condition of the (( pipeline system, grade separations, or )) ramp; the installation, construction,reconstruction, maintenance, operation , or repair of any (( and all )) municipally owned public utilities(( , )) ; or for any other cause.

5B. Protection of utilities. The permission granted is subject to the Permittee bearing the expense of any protection, support or relocation of existing utilities deemed necessary by the owners of the utilities; and the Permittee being responsiblefor any subsequent damage to the utilities due to the construction, repair, reconstruction, maintenance, operation, or removal of the ramp.

6. Failure to correct unsafe condition. After written notice to the Permittee(( , )) and failure of the Permittee to correct (( said )) an unsafe (( or riskprone )) condition within the time stated in (( such )) the notice, the Director may order the ramp closed or removed at the Permittee's expense if the Director deems that it has become unsafeor creates a risk of injury to the public. (( In a situation in which )) If there is an immediate threat to the health or safety of the public, a notice to correct is not required.

7. Continuing obligations. (( Not withstanding )) Notwithstanding termination or expiration of the permission granted, or closure or removal of the ramp , the Permittee shall remain bound byits obligation under this ordinance until ((

(a) the ramp and all its equipment and property are removed for the street;

(b) the area is cleared and restored in a manner and to a condition satisfactory to the Director ; and

(c) the Director certifies that the Permittee has discharged its obligation herein )) the Director has issued a certification that the Permittee has fulfilled its removal and restoration obligations under Section 4of this ordinance. Notwithstanding the issuance of that certification, the Permittee shall continue to be bound by the obligations set forth in Section 8 of this ordinance and shall remain liable for any unpaid fees assessed pursuant to Section 13 ofthis ordinance .

(( Provided, that upon )) Upon prior notice to the Permittee and entry of written findings that (( such )) it is in the public interest, the Director may, in ((his/her )) the Director's sole discretion, conditionally or absolutely excuse the Permittee(( , conditionally or absolutely, )) from compliance with all or any of the Permittee's obligationsto remove the ramp and its property and to restore any disturbed areas.

8. Release, hold harmless, indemnification, and duty to defend. The ramp shall remain the exclusive responsibility of the Permittee(( . The )) and the Permittee agrees to maintain the ramp in good and safecondition for the protection of the public. The Permittee, by (( acceptance )) accepting the terms of this ordinance (( and the permission hereby granted, does release )) ,releases the City , its officials, officers, employees, and agents from any and all claims , actions, suits, liability, loss, costs, expense, attorneys' fees, or damages of every kind and description arising out of or by reason of theramp or this ordinance, including but not limited to claims resulting from injury, damage , or loss to (( its own )) the Permittee or the Permittee's property .

(( and covenant and agree for itself, its successors and assigns, with The City of Seattle, )) The Permittee agrees to at all times (( protect and save )) defend, indemnify, and hold harmless (( The )) the City (( of Seattle )) , its officials, officers, employees, and agents from and against all claims, actions, suits, liability, loss, costs,expense , attorneys' fees, or damages of every kind and description (excepting only (( such )) damages that may result from the sole negligence of the City)(( , which )) that mayaccrue to or be suffered by any person or (( persons and/or )) property (( or properties, )) ( including , without limitation, damage or injury to (( the Permittee, its)) members of the public or to the Permittee's officers, agents, employees, contractors, invitees, tenants and tenants' invitees, licensees or its successors and assigns(( , )) ) arising out of orby reason of : (a) the existence, construction, reconstruction, modification, maintenance, operation (( or )) , use , or removal of (( said )) the ramp or any portion thereof, Permittee's use, occupation, or restoration of the street right-of-way or other public place or any portion thereof(( , or by reason of )) ; (b) anything that has beendone(( , )) or may at any time be done(( , )) by the Permittee(( , its successors or assigns, )) by reason of this ordinance(( , )) ; or (( by reason of )) (c) the Permittee(( , its successors or assigns, )) failing or refusing to strictly comply with (( each and )) every provision of thisordinance; (( and if )) or arising out of or by reason of the ramp or this ordinance in any other way.

If any (( such )) suit, action , or claim (( be )) of the nature described above is filed, instituted , or begun against the City, the Permittee ((its successors or assigns, shall, )) upon notice (( thereof )) from the City(( , )) defend the (( same )) City at (( its or their)) the sole cost and expense of the Permittee , and (( in case )) if a judgment (( shall be )) is rendered against the City in any suit or action,the Permittee(( , its successors or assigns, )) shall fully satisfy (( said )) the judgment within (( ninety (90) )) 90 days after (( such)) the action or suit (( shall have )) has been finally determined, if determined adversely to the City. (( Provided that if )) If it is determined by acourt of competent jurisdiction that Revised Code of Washington ( RCW ) 4.24.115 applies to this ordinance, then in the event claims or damages are caused by or result from the concurrent negligence of:

(a) the City, its agents, contractors , or employees; (( or )) and

(b) the Permittee, its agents, contractors, or employees, (( or its successors or assigns, ))

this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Permittee or the Permittee's agents, contractors, or employees (( or its successors or assigns )).

9. Insurance. For as long as the Permittee(( , its successors and assigns, shall exercise )) exercises any permission granted by this ordinance and until the (( ramp is entirely removed fromits location as described in Section 1 or until discharged by order of the )) Director (( as provided in )) has issued a certification that the Permittee has fulfilled its removal and restorationobligations under Section (( 7of this ordinance )) 4 , the Permittee shall obtain and maintain in full force and effect, at its own expense, insurance (( policies which protect )) that protects the City from (( any and all loss, damages, suits, liability, )) claims(( , demands or costs resulting from injury or harm to persons or property. )) and risks of loss fromperils that can be insured against under commercial general liability (CGL) insurance policies in conjunction with:

(a) construction, reconstruction, modification, operation, maintenance, use, existence, or removal of the ramp or any portion thereof , as well as restoration of any disturbed areas of the street right-of-way or other public place in connection withremoval of the ramp;

(b) Permittee's activity upon or the use or occupation of the public place described in Section 1 of this ordinance; and

(c) claims and risks in conjunction with activities performed by the Permittee by virtue of the permission granted by this ordinance.

Minimum insurance requirements are (( shall be an occurrence form policy of commercial general liability, )) CGL insurance based on the Insurance Services Office (ISO) form CG 00 01 or equivalent. The City requiresinsurance coverage to be placed with (( a company )) an insurer admitted and licensed to conduct business in Washington State or with a surplus lines carrier pursuant to RCW Chapter 48.15, except that if itis infeasible to obtain coverage with the required insurer, the City may approve an alternative insurer .

Minimum (( policy )) limits of liability shall be $2,000,000 (( per occurrence, )) each occurrence combined single limit bodily injury and property damage, with $4,000,000 annualaggregate. Coverage shall (( specifically )) name the (( ramp exposure )) "City of Seattle, its elected and appointed officers, officials, employees and agents" as additional insureds forprimary and non-contributory limits of liability subject to a Separation of Insureds clause .

(( Coverage shall add by endorsem*nt The City of Seattle, its elected and appointed officers, officials, employees and agents as additional insured. Coverage shall contain a Separation of Insureds Clause indicating essentially that "exceptwith respect to the limits of insurance, and any rights or duties specifically assigned in this coverage part to the first named insured, this insurance applies as if each named insured were the only named insured, and separately to each insured againstwhom claim is made or suit is brought". Evidence of current coverage shall be submitted to the City in the form of a copy of the full insurance policy with all endorsem*nts attached thereto, and is a condition to the validity of this permit.))

Within 60 days after the effective date of this ordinance, the Permittee shall provide to the City, or cause to be provided, certification of insurance coverage consisting of the CGL declarations page, schedule of forms and endorsem*nts, and blanketor additional insured policy provision per the ISO CG 20 12 or equivalent. The insurance coverage certification shall be delivered or sent to the Director or to the Department of Transportation at an address as the Director may specify in writing fromtime to time.

If the Permittee is self-insured, a letter of certification from the Corporate Risk Manager or appropriate Finance Officer may be submitted in lieu of the insurance coverage certification required by this ordinance, if approved in writing by theCity Risk Manager. The letter must provide all information required by the City Risk Manager and document, to the satisfaction of the City Risk Manager, that self-insurance equivalent to the insurance requirements of this ordinance is in force. Aftera self-insurance certification is approved, the City may from time to time subsequently require updated or additional information. The approved self-insured Permittee must provide 30 days notice of any cancellation or material adverse financialcondition of its self-insurance program. The City may at any time revoke approval of self-insurance and require the Permittee to obtain and maintain insurance as specified in this ordinance.

In the event that Permittee assigns or transfers the permission granted by this ordinance, the Permittee shall maintain in effect the insurance required under this section until the Director has approved the assignment or transfer pursuant toSection 12.

Adjustment of insurance and bond requirements. The Director, in consultation with the City Risk Manager, may adjust minimum (( levels of )) liability insurance levels and surety bond requirements duringthe term of this permission . (( The )) If the Director and City Risk Manager determine that an adjustment is necessary to fully protect the interests of the City, the Director shall notify the Permitteeof the new requirements in writing. Upon receipt, the Permittee shall within 60 days, provide proof of the (( required levels of )) adjusted insurance and surety bond levels to the Director(( within 60 days )).

10. Contractor Insurance. The Permittee shall contractually require that any and all of its contractors performing (( construction )) work on (( the )) any premises ascontemplated by (( this permit, )) the permission name (( The )) the " City of Seattle , its elected and appointed officers, officials, employees, and agents" as anadditional insured s for primary and noncontributory limits of liability on all (( policies of public )) CGL, Automobile and Pollution liability insurance(( , and )) and/or self-insurance. The Permittee shall also include in all (( pertinent )) contract documents with its contractors a third-party beneficiary provision extending construction indemnities andwarranties granted to (( Quadrant Corporation )) Permittee to the City (( as well )).

11. Performance Bond. Within (( sixty(60) )) 60 days after the effective date of this ordinance , the Permittee shall deliver to the Director (( of Transportation )) forfiling with the City Clerk a (( good and )) sufficient bond executed by a surety company authorized and qualified to do business in the State of Washington that is: in the (( sum of Fifty Thousand Dollars ($50,000.00) executed by a surety company authorized and qualified to do business in the State of Washington )) amount of $225,000 and conditioned with arequirement that the Permittee (( will )) shall comply with (( each and )) every provision of this ordinance and with (( each and )) every order(( of )) the Director (( pursuant thereto; provided, that if the Mayor of the City of Seattle in his/her judgment shall deem any bond or bonds filed to be insufficient and demand a new or additional bond, thePermittee shall furnish a new or additional bond in such amount as the Mayor may specify to be necessary to fully protect the City. Said )) issues under this ordinance. The Permittee shall ensure that the bond ((shall remain )) remains in effect until (( such time as the ramp is entirely removed from its location as described in Section 1, or until discharged by order of )) theDirector (( as provided in )) has issued a certification that the Permittee has fulfilled its removal and restoration obligations under Section (( 7 of this ordinance. )) 4. Anirrevocable letter of credit approved by the City Risk Manager may be substituted for the bond upon approval of the Director. In the event that the Permittee assigns or transfers the permission granted by this ordinance, the Permittee shall maintain ineffect the bond or letter of credit required under this section until the Director has approved the assignment or transfer pursuant to Section 12.

12. Consent for and conditions of assignment or transfer. The permission granted by this ordinance shall not be assignable or transferable by operation of law; nor shall the Permittee(( , its successors and assigns shallnot assign, )) transfer, assign, mortgage, pledge or encumber (( any privileges conferred by this ordinance )) the same without the Director's consent (( of)) , which the Director shall not unreasonably refuse . The Director may approve assignment (( and/or transferal )) or transfer of the (( permit )) permission granted by this ordinance to a successor entity (( in the case of a change of name and/or ownership provided that )) only if the successor or assignee has (( demonstrated its acceptanceof )) accepted in writing all of the terms and conditions of the permission (( granted to the initial Permittee. If permission is granted, the assignee or transferee shall be bound by all of the terms andconditions of this ordinance. The permission conferred by this ordinance shall not be assignable or transferable by operation of law. )) granted by this ordinance; has provided, at the time of said acceptance, the bond andcertification of insurance coverage required under this ordinance; and has paid any fees due under Section 13 of this ordinance. Any person or entity seeking approval for an assignment or transfer of the permission granted by this ordinance shallprovide the Director with a description of the current and anticipated use of the ramp.

The obligations and conditions imposed on the Permittee by and through this ordinance are also imposed on the Permittee's successors and/or assigns regardless whether the Director has approved assignment or transfer of the permission granted by thisordinance to such successors and/or assigns. All references in this ordinance to obligations or conditions imposed on the "Permittee" shall also be deemed to refer to the successors and assigns of the Permittee.

The obligations and conditions imposed on the Permittee by and through this ordinance are covenants that run with the land and bind subsequent owners of the property adjacent to the ramp and legally described in Section 1 of this ordinance,regardless of whether the Director has approved assignment or transfer of the permission granted herein to such subsequent owner(s). The Permittee shall, within 60 days of the effective date of this ordinance, and prior to conveying any interest in theproperty legally described in Section 1 of this ordinance, deliver to the Director upon a form to be supplied by the Director, a covenant agreement containing the obligations and conditions set forth in this ordinance, signed by the Permittee andrecorded with the King County Recorder's Office. The Director shall file the recorded covenant agreement with the City Clerk. The covenant agreement shall contain a reference to this ordinance by its ordinance number.

13 A . Inspection fees. The Permittee(( , its successors and assigns, )) shall , as provided by SMC Chapter 15.76 (or successor provision), pay (( to The )) the City (( of Seattle such )) the amounts (( as may be justly chargeable )) charged by (( said )) the City (( as costs of inspection of said )) to inspect the ramp during construction, reconstruction, (( or )) repair, annual structural inspections, and at other times deemed necessary to ensure the safety of the ramp(( , under the direction of the Director of Transportation, )) and the public.

13 B. Inspection reports. The Permittee shall submit to the Director, or to the Department of Transportation at an address specified by the Director, an inspection report that:

(1) describes the physical dimensions and condition of all load-bearing elements;

(2) describes any damage or possible repairs to any element of the ramp;

(3) prioritizes all repairs and establishes a timeframe for making repairs; and

(4) is stamped by a professional structural engineer licensed in the State of Washington.

A report meeting the foregoing requirements shall be submitted within 60 days after the effective date of this ordinance; subsequent reports shall be submitted every five years, within 30 days prior to the anniversary date of the effective date ofthis ordinance; provided that, in the event of a natural disaster or other event that may have damaged the ramp, the Director may require that additional reports be submitted by a date established by the Director. The Permittee has the duty ofinspecting and maintaining the ramp, and the responsibility to submit structural inspection reports periodically or as required by the Director does not waive or alter any of the Permittee's obligations under this ordinance nor create any duties on thepart of the Director.

13 C. Annual fees. Beginning on March 29, 2010, and annually thereafter, the Permittee shall (( and in addition shall )) promptly pay to the City (( in advance )) , uponstatements or invoices (( rendered )) issued by the Director , an annual fee of $3,268, or as adjusted annually thereafter, for the privileges granted (( and exercised hereunder of Seven Hundred Fifty-Three ($753.00) )) by this ordinance for the use and occupation of the ramp .

Adjustments to the annual fee (( amount )) shall be made in accordance with a term permit fee schedule adopted by the City Council (( by ordinance )) and may be (( adjusted)) made every year. In the absence of (( such )) a schedule, the Director may only increase or decrease the previous year's fee (( amount annually )) to reflect anyinflationary changes so as to charge (( said )) the fee in constant dollar terms. This adjustment will be calculated by adjusting the previous year's fee (( amount )) by the percentagechange between the two most recent year-end values available of the Consumer Price Index for the Seattle-Tacoma-Bremerton Area, All Urban Consumers, All Products, Not Seasonally Adjusted. All payments shall be made to the City Finance Director forcredit to the Transportation Operating Fund.

If there is construction-related work in the public right-of-way and the ramp is designated an official vehicle detour route by an SDOT approved traffic control plan or by prior approval of the Director, the annual fee may be prorated and creditedfor the following year, based on the amount of time either the construction-related work occurs in the public right-of-way or the ramp is designated an official vehicle detour route. Pro-rated annual fees are subject to final approval by the Directorand will apply to the annual fee for the following year. If the annual fee is pro-rated, the Permittee shall allow the use of the portion of the ramp located on the Permittee's property without further costs to the City for use of the ramp.

14. Non-discrimination. (( The Permittee shall not discriminate against any employee or applicant for employment in connection with the design, architectural or structural engineering work or the repair or maintenance of the ramppermitted pursuant to this ordinance, on the basis of race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, age, national origin or the presence of any sensory, mental or physical handicap unless based uponbona fide occupational qualification. The foregoing commitment shall be implemented as follows:

(a) The Permittee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, creed, color, sex, national origin or the presence of anysensory, mental or physical handicap. Such 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 compensationand selection for training, including apprenticeship;

(b) The Permittee shall post in conspicuous places available to such employees and applicants for such employment, notices setting forth the provisions of this non-discrimination clause;

(c) The Permittee shall furnish to the Director of Human Rights or a successor official, upon his or her request and on such forms as may b provided, a report of the affirmative action taken in implementing this provision and willpermit reasonable access to its records for the purpose of determining compliance with this Section. If, upon investigation the Director of Human Rights finds probable cause to believe that the Permittee has failed to comply with any of the terms ofthis Section, the Permittee and the Director of Transportation will be notified in writing. The Director of Seattle Transportation shall give Permittee at least ten (10) days notice and a hearing thereon. If the Director of Transportation finds thatthere has been a violation of this Section, he or she may suspend the permission conferred pending full compliance with the terms of this Section.

Failure to comply with any of the terms of this provision shall be a material violation of this ordinance.

The foregoing paragraphs shall be inserted in any subcontracts for work undertaken pursuant to this ordinance in connection with the design, architectural or structural engineering work or the construction, reconstruction, maintenanceor repair of the ramp permitted to be constructed and maintained hereunder, unless the Director of Human Rights authorizes the use of another equality of employment opportunity provision. ))

In all matters to the ramp, the Permittee shall comply with the City's laws prohibiting discrimination in employment and contracting including Seattle's Fair Employment Practices Ordinance, Chapter 14.04 and Fair Contracting Practices code, Chapter14.10 (or successor provisions).

Section 3. Acceptance of terms and conditions. The Permittee shall deliver to the Director its written signed acceptance of the terms of this ordinance within 60 days after the effective date of this ordinance. The Director shall file the writtenacceptance with the City Clerk. If acceptance is not received within that 60-day period, the privileges conferred by this ordinance shall be deemed declined or abandoned and the permission granted deemed lapsed and forfeited.

Section 4. Section titles. Section titles are for convenient reference only and do not modify or limit the text of a section.

Section 5. Ratify and confirm. Any act taken by the City or the Permittee pursuant to the authority and in compliance with the conditions of this ordinance but prior to the effective date of the ordinance is ratified and confirmed.

Section 6. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section1.04.020.

Passed by the City Council the ____ day of ________________________, 2011, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2011.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2011.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Angela Steel SDOT, Quadrant Ramp Amended ORD September 27, 2011 Version #13