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HomeMy WebLinkAboutFully ExecutedKIfiITAS COUNTY AGREEMENT FOR SERVICES This Agreement for Services (hereinafter "Agreement") is entered into by and between Kittitas County (hereinafter "County"), a political subdivision of the State of Washington, and I Hultz BHU Engineers inc] (herei naft er "Contractor"). The purpose of this Agreement is as follows: I To provide on-call consulting services relating to Civil, Structural, Construction Engineering services, and Electrical Engineering Services.l' The term of this Agreement shall be from the date of execution through I June 2, 2029 with an option of a 1-year extension.], unless the Agreement is terminated early or its term is extended as provided herein' The parties' addresses and points of contact for the administration of this Agreement are as follows: COUNTY CONTRACTOR This Agreement includes the following, which are attached hereto and hereby incorporated by this reference: [ 205 W sth Ave, STE 105 ] I Ellensburg, WA 98926 ] I Charlie Smith ] I Projects Manager ] IAuditors Office] I charlie.smith@co.kittitas.wa.us ] [(sog) s62-7s30] Attachment "A": Attachment "8": Attachment "C,: Attachment "D": Attachment "E": Attachment "F": Kittitas County Agreement for Services (rev. 5/L4/25) Page 1 of 19 [ 1111 Fawcett Ave, Suite 100 ITacoma, WA 98402 ] I Rick Hultz ] I President ] Irickh@hultzbhu.com ] I2s3-383-32s71 Scope of Work Compensation I nsu rance Requirements General Terms and Conditions W-9 (Contractor must complete and return to the County for payment) Retirement Status Form (Contractor must complete and return to the County for payment f Contractor is an individual, as opposed to a corporate business entity) CONTRACTOR Richard Hultz Printed Name President Title Date: 5-21-2026 Signature KITTITAS COUNTY COMMISSIONERS atr Date: rk of the t Co Attest t S[.AL ry 7 lN WTTNESS WHEREOF, this Agreement has been executed by and on behalf of the parties through their authorized representatives, effective as of the latest date written below. Kittitas County Agreement for Services (rev. 5/t4125) Page 2 of 19 ATTACHMENT'A,, SCOPE OF WORK ITo Provide on-call Engineering and consulting services for Kittitas county] Kittitas County Agreement for Services (rev. 5/L4/251 Page 3 of 19 ATTACHMENT,,B,, COMPENSATION THE COUNTY WILL NOT PROCESS PAYMENT FOR SERVICES RENDERED UNDER THIS AGREEMENT UNTIL CoNTRACTOR SUBMITS A COMPLETED W-9 (SEE ATTACHMENT "E"). As fullcompensation for satisfactory performance of the work described in Attachment"A", and within thirty (30) days of receiving Contractor/s itemized invoice, the County shall pay Contractor the following amount(s) plus any applicable taxes as detailed in Contractor's attached itemized pricing sheet. . Hourly rates are per the firm's fee schedule, effective October L,2025, and are subject to annual adjustment each October. Any adjustment requires written notice and mutual written consent prior to implementation. The County provides no guarantee that projects will become available. Kittitas County Agreement for Services (rev. 5/L4/251 Page 4 of 19 HUl;zHBHU engineers ino HOURLY BILLING RATES Principal Associate Principal Senior Engineer ll Senior Engineer I Senior Project Manager Project Engineer ll Project Engineer I Project Manager Senior Designer Project Designer CAD Technician Clerical REIMBURSABLE RATES Printing Drawings (Bond, B&W) Printing L1x17 (Bond, B&W) Printing 8.5x11 (Bond, B&W) Mileage Delivery/Courier Outsourced & Other Expenses s 2so.o0 s 22s.oo s 190.00 518o.oo s 17s.00 s L60.oo S 1so.oo s 1s0.00 s 130.00 s 12o.oo s 110.00 S as.oo o.so s/sF 0.38 5/Page 0.28 S/Page 0.725 S/mile At Cost, Plus 10% At Cost, Plus 10% 1111 fawcett avenue, suite 100 . tacoma, washington 98402 ph.253.383.3257 . t.253.383.3283 r general@hultzbhu.com ATTACHMENT "C" INSURANCE REQUIREMENTS Contractor shall secure and maintain in effect at all times during performance of work under this Agreement such insurance as will protect Contractor, its employees, and agents from all claims, losses, harm, costs, liabilities, damages and expenses arising out of Contractor's performance underthis Agreement, including but not limited to personal injury (including death) or property damage' All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class Vll or better in the most recently published edition of Best's Reports unless otherwise approved by the County. lf an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. At a minimum, Contractor shall maintain and provide proof of the following selected options: Commercial General Liabilitv lnsurance r Coverage limits not less than: . SL,000,000 per occurrence, for all covered losses o $2,000,000 general aggregate . S1,000,000 products & completed operations aggregate . 51,000,000 personaland advertising injury, each offense r The policy must be endorsed to include the County and its officials, employees and agents as additional insureds. X Commercial Automobile Liabilitv lnsurance r Automobile Liability for owned, non-owned, hired, and leased vehicles, with an MCS 90 endorsement and a CA 9948 endorsement attached if 'pollutants' are to be transported r Coverage limits not less than: o $1,000,000 combined single limit Excess or Umbrella Liabilitv r Contractor shall provide Excess or Umbrella Liability coverage of 55,000,000. This Excess or Umbrella Liability coverage shall apply, at a minimum, to both the CommercialGeneral and Automobile lnsurance policy coverages. lf used to meet limit requirements, coverage must be at least as broad as specified for underlying coverages, and must cover those insured in the underlying policies. . This requirement may alternatively be satisfied through Contractor's primary Commercial General and Automobile Liability coverage, or any combination thereof. r The policy must be endorsed to include the County and its officials, employees and agents as additional insureds. r Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits' r There shall be no cross liability exclusion precluding coverage for claims or suits by one insu red against another. Workers' Comoensation & Emplover's Liabilitv r Contractor shall provide Workers Compensation and Employer's Liability insurance on a state-approved policy form providing benefits as required by law with employerrs liability limits no less than S1,000,000 per accident or disease' Kittitas County Agreement for Services (rev. 5/!4/251 Page 5 of 19 Professional Liabilitv / Errors and Omissions Liabilitv ' Coverage limits not less than: r $1,000,000 each claim r Contractor must provide evidence of this coverage on a policy form appropriate to Contractot's profession. n I Other insurance coverage as deemed appropriate by either the County Risk Manager or the assigned Deputy Prosecuting Attorney. Additional lnsurance types which the County may need to require (non-exhaustive list): Cyber, Pollution, Aircraft, Watercraft, Liquor, Crime/ Fidelity, Sexual Abuse & Molestation, Jones Act, Longshoremen/Harborworkers, Marine. ] Contractor shall furnish to the County a Certificate of lnsurance, with endorsement where required above, as evidence that policies providing insurance required by this Agreement are in full force and effect. Contractor's insurance policies required above must apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to the County. Contractor agrees to provide notice to the County at least thirty (30) days prior to cancellation, or any material alteration or non-renewal, of any of the above-required insurance coverages. Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, machinery, equipment, or motor vehicles owned or utilized by Contractor, or Contractor's agents, employees, suppliers or contractors, as well as to any temporary structures, scaffolding andlor protective fences. Contractor shall have sole responsibility for ensuring the insurance coverage and limits required herein are also obtained by any subcontractors. NOTE: Notwithstanding any other provision(s) of this Agreement, no contract shall form under this Agreement until and unless the following are provided to the County: (1) a copy of the Certificate(s) of lnsurance with all required endorsements, properly completed and in the amounts required, and (2) where requested by the County, a copy of the required insurance policies, including all required endorsements. ATTACHMENT.,D,, GENERALTERMS AND CONDITIONS 1. Scope of Contractor/s Services: Contractor agrees to provide to the County services as set forth in Attachment "A". No materials, labor, or facilities will be furnished by the County, unless othenruise provided herein. All work performed under this Agreement shall comply with applicable laws and regulations. 2. Accounting and Pavment: Compensation to Contractor for services rendered under this Agreement shall be as set forth in Attachment "B". Where Attachment "8" requires payment(s) by the County, payment shall be based upon billings, supported unless provided otherwise in Attachment "B", by documentation of units of work actually performed and amounts earned, including, where appropriate, the total number of hours for the month and the total dollar payment requested. Unless specifically stated in Attachment "8", the County will not reimburse Contractor for any costs or expenses incurred by Contractor in performance of this Agreement. Where required, the County shall, upon receipt of appropriate documentation, compensate Contractor, no more often tha n month ly, th rough the Cou nty voucher system, for Contractot's services pu rsua nt to the fee sched u le set forth in Attachment "8". ln the event Contractor fails to perform any of its obligations under this Agreement within the time specified herein, then the County may withhold all monies due and payable to Contractor until such failure to perform is cured or otherwise adjudicated. The County will not process payment for services rendered under this Agreement until Contractor submits a completed W-9 (See Attachment "E"). 3. Taxes: Contractor understands and acknowledges that the County will not withhold Federal or State income taxes from payments made to Contractor. Where required by State or Federal law, Contractor authorizes the County to make withholding for any taxes other than income taxes (e.g., Medicare). All compensation received by Contractor will be reported to the lnternal Revenue Service at the end of the calendar year in accordance with applicable IRS regulations. lt is the responsibility of Contractor to make its necessary estimated tax payments throughout the year, if any, and Contractor is solely liable for any tax obligation arising from Contractor's performance of this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. Contractormustpayallothertaxes,includingbutnotlimitedto:businessandoccupationtax;ortaxesbased on (1) Contractor/s gross or net income, or (2) personal property to which the County does not hold title' The County is exempt from federal excise tax. 4. Independent Contractor: Contractor's services shall be furnished by Contractor as an independent contractor, and nothing stated herein shall be construed to create a relationship of employer-employee or a guarantee of future employment. Contractor acknowledges that its entire compensation under this Agreement is specified in Attachment "8", and that Contractor is not entitled to any County benefits, including but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to Kittitas County employees. 5. Assignment and Subcontracting: This Agreement may not be assigned or subcontracted in whole or in part without the express prior written approval of the County' 6. Right to Review; Maintenance of Records: This Agreement is subject to review by any Federal or State auditor. The County or its designee shall have the right to review and monitor the financial and service components of the work performed under this Agreement by whatever means are deemed expedient by the County. Such review may occur with or without notice, and may include, without limitation, on-site inspection, inspection of all records or other materials which the County deems pertinent, and any and all communications withorevaluationbyservicerecipientsunderthisAgreement. Contractorshall preserveandmaintainall records Kittitas County Agreement for Services lrev. 5/L4/251 Page 7 of 19 relating to this Agreement for six (6) years after termination or expiration of the Agreement, and upon request shall make them available for review by any Federal or State auditor, the County, and/or any persons authorized by the County. 7. Modification 7.L. This Agreement may be amended by mutual agreement of the parties. Any such amendment shall be in writing and signed by both parties. 7.2 The County may unilaterally amend this Agreement at any time by written notice ("Change Notice") to Contractor, to modify the work to be performed under this Agreement, within the general scope of the Agreement. Such changes may include, but are not limited to, changes in the exact scope of work to be performed (including modification, substitution, addition, or deletion of required tasks) and changes to the schedule of performance. lf any such Change Notice causes an increase or decrease to Contractor's cost of, or the time required for, performance of the wor( an equitable adjustment in the compensation to Contractor and/or in the schedule for the performance of the work shall be made by the County to reflect such an increase or decrease. Notwithstanding any dispute or delay in arriving at a mutually acceptable equitable adjustment, Contractor shall proceed in accordance with all Change Notices. Within thirty (30) days after receipt of any Change Notice which, in Contractor's opinion, lacks an adequate adjustment, Contractor must submit to the County a written statement requesting a modified adjustment; othenruise, Contractor will forfeit its right to any such modified adjustment. The County retains the final right to determine adjustments hereunder. 8. Termination 8.1- This Agreement may be terminated at any time by mutual written agreement of the parties' 8.2 The County, by giving written notice, may terminate this Agreement at any time without cause and without further obligation to Contractor except for payment due for deliverables provided and/or services performed priorto the effective date of termination. An equitable adjustment in the contracted price for partially completed tasks will be made by the County, but such adjustment shall not include compensation for loss of anticipated profit on uncompleted work. 8.3 lf Contractor defaults by failing to perform any of its obligations under this Agreement, or becomes insolvent, is declared bankrupt or commits any act of bankruptcy or insolvency, or makes an assignment for the benefit of creditors, the County may, by written notice to Contractor, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. lf the Agreement is terminated under this paragraph, Contractor shall not be entitled to receive any further payments under this Agreement until all of its obligations hereunder have been fully performed, and any extra cost or damage to the County shall be deducted from any money due or coming due to Contractor. Furthermore, in the event of termination underthis paragraph, Contractor shall bear the costs of any extra expenses incurred by the County in completing the work, and all damages sustained, or which may be sustained, by the County. 8.4 Termination of this Agreement by any means provided herein shall not excuse any party's performance of its obligations hereunder through the effective date of termination, except that the County shall not be obligated to pay for services that have not been performed or deliverables that have not been provided. 9. lndemnification 9.1 To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless from Kittitas County Agreement for Services (rev.5/14/251 Page 8 of 19 and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal or bodily injury, sickness, disease or death, for any damage to or destruction of any property (including the loss of use resulting therefrom), and for any other claims, damages, losses, and expenses sustained by the County, which (1) are caused in whole or in part by any act or omission, negligent or otherwise, of Contractor, its employees, agents or volunteers, or Contractor's subcontractors, their employees, agents or volunteers; or (2) are directly or indirectly arising out of, resulting from, or otherwise connected with the performance of this Agreement; or (3) are based upon Contractor's or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County. This indemnification obligation of Contractor shall not be limited in any way by the Washington State lndustrial lnsurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of Contractor are a material inducement to the County to enter into this Agreement, are reflected in Contractor's compensation, and have been mutually negotiated by the parties. g.2 The County reserves the right, but not the obligation, to participate in the defense of any claim for damages, losses or expenses, and such participation shall not constitute a waiver of Contractor's indemnity obligations contained in any section of this Agreement. 9.3 ln the event Contractor enters into subcontracts to the extent allowed under this Agreement, each such subcontractor shall indemnify the County on a basis equal to or exceeding Contractotrs indemnity obligations to the County. 10. Venue and Choice of Law: ln the event that any litigation should arise concerning this Agreement, the venue for such action shall be in the Superior Court of the State of Washington in and for the County of Kittitas. This Agreement shall be governed by the laws of the State of Washington. 11. Non-Appropriationof Funds:lftheCountydoesnotappropriatesufficientfundingforthisAgreement for any future fiscal period, the County will not be obligated to make payments for services performed after the end of the last fiscal period for which sufficient funding was appropriated. No penalty or expense shall accrue to the County in the event this provision applies. L2. ContractorCommitments, Warranties. and Representations: Contractor represents and warrants as follows L2.l Contractor is duly incorporated, validly existing and in good standing under the laws of the State of Washington, and has all requisite corporate power and authority to enter into and to perform its obligations under this Agreement. !2.2 Contractor has the authority to execute this Agreement, to make the representations and warranties set forth herein, and to perform its obligations hereunder. I2.3 This Agreement has been validly executed by an authorized representative of Contractor and constitutes a valid and legally binding and enforceable obligation of Contractor. L2.4 Contractor holds, or will obtain prior to commencing work under this Agreement, such licenses, permits and other authorizations from federal, state and local governmental authorities, or from any applicable industrial or professional certification or licensing bodies, as are necessary for the lawful performance of its obligations under this Agreement, and will maintain such throughout the term of this Agreement. Kittitas County Agreement for Services (rev. 5lt4/25l' Page 9 of 19 L2.5 Contractor is not in violation of any applicable law, ordinance or regulation the consequence of which willor may materially affect Contractor's abilityto perform its obligations underthis Agreement. Contractor is not subject to any order or judgment of any court, tribunal or governmental agency which materially and adversely affects its operations or assets in the State of Washington, or its ability to perform its obligations under this Agreement. 12.6 Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency' L2; None of the representations or warranties in this Agreement, and none of the documents, statements, certificates or schedules furnished by Contractor in connection with the performance of the obligations contemplated under this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit a material fact necessary to make the statements of fact contained therein not misleading. 13. Ownership of ltems Produced: All writings, programs, data, reports, films, recordings, or other materials prepared by Contractor and/or its consultants or subcontractors, in connection with the performance of this Agreement, shall be the sole and absolute property of the County. The County will have all rights of ownership therein, including but not limited to the right to use, copyright, trademark, and/or patent, and the ability to transfer any or all ownership rights. 14. Intellectual Propertv lnfrinsement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information and/or materials supplied by Contractor infringe any intellectual property rights of any third party(ies). Contractor will pay all costs and damages attributable to any such claims finally awarded against the County in any action. Such defense and payments are conditioned upon the following: (1) Contractor shall be notified promptly in writing by the County of any notice of such claim; and (2) Contractor shall have the right hereunder, at its option and expense, to obtain forthe County the right to continue using the information and/or materials that are the subject of such claim, provided no reduction in performance or loss results to the County' 15. Use of Countv Name and Loso: Contractor may not use the County's name, logo(s), trademark(s), or other identifying information, or identify the County as a current or former client, on its website or in any marketing or promotional materials without the prior written consent of the County. ' 16. Disputes: Any dispute between the parties arising under or relating to this Agreement shall be resolved informally if possible. However, in the event such a dispute cannot be so resolved, it shall be adjudicated by a dispute board ("Dispute Board") in the following manner: Each party shall appoint one member to the Dispute Board, the members so appointed shall jointly appoint an additional member to the Dispute Board, and the Dispute Board will evaluate the facts, Agreement terms, and all applicable statutes and rules, and make a determination as to the proper resolution of the dispute. Such determination shall be final and binding on both parties. The cost of resolution will be borne as allocated by the Dispute Board. Alternatively, if agreed to in writing by both parties, the parties may forego the option of establishing a Dispute Board to adjudicate the dispute, and instead pursue arbitration, jointly selecting an arbitrator acceptable to both parties. ln the event the parties choose to pursue arbitration, the parties agree that: (1) the fees and expenses of the arbitrator shall be shared equally by both parties to this Agreement, (2) each party shall bear its own costs and attorney fees, (3) arbitration shall be conducted according to the commercial arbitration procedures of the American Arbitration Association, and (a) the arbitrator's decision or award shall be final and binding on both parties. !7. Confidentialitv: Contractor, its employees, agents and volunteers, and any of Contractor's subcontractors and their employees, agents and volunteers, shall maintain the confidentiality of all information Kittitas County Agreement for Services (rev. 5/t4/251 Page 10 of 19 provided by the County or acquired by Contractor in performance of this Agreement, except upon the prior written consent of the Kittitas County Prosecuting Attorney or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately provide the County notice of any judicial proceedings seeking disclosure of such information. Contractor agrees to indemnify, defend and hold harmless the County and its departments, elected and appointed officials, employees, agents and volunteers from all loss or expense, including but not limited to settlements, judgments, setoffs, attorneys'fees and costs resultingfrom Contractor's breach of this provision. Notwithstanding the foregoing, and to the extent that any information obtained by the Contractor hereunder is required to be shared with others by the explicit terms of the Scope of Work, this provision shall not be construed as prohibiting such sharing, provided there are no applicable laws or regulations prohibiting same. 18. Notices: Written notices required or permitted to be provided by one party to the other party under this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and return receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by email. Notices given by Contractor shall be provided to the County's point of contact listed on page 1 of this Agreement, at the address there listed, and to the department head of the county department for which services under this Agreement are rendered. Notices given by the County shall be provided to Contractor at Contractor's address listed on page 1 of this Agreement. 19. Prevailine Waee: Where laborto be performed under this Agreement is considered "public work" as defined in RCW 39.04.010, Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of work under this Agreement in accordance with RCW 39.12 and the rules and regulations of the Washington State Department of Labor and lndustries. The schedule of prevailing wage rates for the applicable locality or localities is determined by the lndustrial Statistician of the Department of Labor and lndustries. lt is Contractor's responsibility to verify the applicable prevailing wage rate. lt is understood that Contractor is responsible for obtaining and completing all required government forms relating to prevailing wage and submitting same to the proper authorities. Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the Department of Labor and lndustries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for in RCW 39.L2.060' 20. Standard of Care: Contractor shall perform its duties hereunder in a manner consistent with that degree of care and skillordinarily exercised by members of the same profession or industry as Contractor currently practicing or working under similar circumstances. Contractor shall, without additional compensation, correct any of its services not meeting such a standard. 21. Nondiscrimination 2l.L ln the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment on the grounds of age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, orthe presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability; provided that the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without discrimination because of their age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, orthe presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. Such requirements apply, without limitation, to the following: employment, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for Kittitas County Agreement for Services (rev. 5/L4/251 Page 11 of 19 training, including apprenticeships. Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 2L.2 Contractor will not discriminate against any recipient of any services or benefits provided for under this Agreement on the grounds of age, race, creed, color, national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability. 2I.3 lf any assignment and/or subcontracting has been authorized by the County, said assignment or su bcontract shall include appropriate safeguards against discrimination. 22. Waiver: The waiver of any default or breach of this Agreement, or the failure of a party to enforce any provision hereof or to exercise any right or privilege hereunder, shall not be deemed to waive any prior or subsequent default or breach, the enforcement of any provision hereof, or the exercise of any right or privilege hereunder, unless otherwise stated in a writing, signed bythe parties hereto. 23. Headings: The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 24. Survival: The provisions of paragraphs 2,3, 4, 6,8, g, lO, !3, 14, L5, 16, 17, 19,20,22,24, and 28 of these General Terms and Conditions shall survive the completion, expiration, termination or cancellation of this Agreement for any reason. 25. Complete Agreement: This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or written, express or implied, regarding the work to be performed hereunder. The parties agree that no other representations, inducements, promises, agreements, or warranties relating to this Agreement, oral or otherwise, have been made between the parties. Except as provided elsewhere in this Agreement, no modification or waiver of this Agreement shall be valid or binding unless in writing and signed by the parties' 26. Severabilitv: lf any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared to be severable. 27. Time: Time is of the essence in the performance of this Agreement unless otherwise agreed between the parties in a signed writing. 28. Construction: This Agreement has been mutually reviewed and negotiated by the parties, and should not be construed against the drafter. 29. Aereement Not for Benefit of Third Parties: This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, nor is it enforceable by, anythird parties. Kittitas County Agreement for Services (rev. 5/M/25) Page 12 of 19 ATTACHMENT,.E,, Form W.9 (Rev. March 2024) !Request for Taxpayer ldentification Number and Gertification Go lo www.lrs.govtFormWgtot instructions and lhe latest info'rmafion. Give form to the requester. Do not send to the IRS.D<,partmont ofthe lritemal R@venue Trnasury SeryiC8 3a Check lhe appropriate box lorfederaltax classili€tion of ihe en ryindlvidoal\ryhosen e is enlered on line 1. Check only one of tm. fQ!lowhg seven boxes. fl {ndlvjdluallso.e prcpriotor fl G co.pomtlorl fi s orpomtion I P-artocnhip E TrustJestate ! LLC. Enlerlholru<classifcalioniC= Coorporatlon,s= Ssorporation,P= Partnership) Note: Check tl\e "LLC. box above a0d, ln lha entry space, enter the appropriate code [C' S, o, P] Jorlha tax das6ifcationoftheLLC,unlessitisadiweqarded'eniiv.Adisregard en$tyshouldinsteadchecktheSJ)proprlate box for the lax classificalion ofitg owrlgr- ln Sb lf on llne 3a you checked "iPartne6hEp." or "Trusuestate," o. checkedwlLc" and entored .P" as its tax classificatiol'1, and yOUi me provlding tlris fo to a parlneGhip, trust, or os.tale in which you have an owne6hip lnterost. tlieck U,ls box i'f you haveany foreign partners, owners, or beneficiades See lnslruciions no.). See 100 Iile instructions.ofAdcl.es,Mdslreet,(numbe apt. iteSu1Fawcett 6 city, stale, aml z{P @de Tacoma WA 98402 t Name,ofentity/lndlvidoal,,Ansntryisrequired,(fofasoreproprietorordisregardedelrilllr.€nterlhemimer'snamoonlinel,andenterlhebusiness/dlsregaded entitv's name on line 2.i Hultz BHU Engineers, lnc. related to lhe of Form 2 Business.name/disrngardedl0lltMl:y name. if difBrRilt kom above, I Signatur.t ot ei 0r o; CL c o Ll-I4) 4 Exomplor,s {ccdGSapply onlyto certain enlities, nol !n-dYvidllais: see lnstroctktris on page 3): Exempl payee oode (ii any) tfl; -.u.h Exemplionlr.om ComplianceAct code (if any) Foreign AccountTax (FATGA) roporting {Apqli..: s to:?c e Je m intti!_illc) oulside lhe United Slates.) Requ6siefs name ilrel address (oplionaQ 7 i.Jsl aeounlr>omoori(s)here(optionaij Enter your TIN in the appropriate box. The ilNl provided must matclh tihe 1 lame givel 1on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However' for a resident alien, sole proprieto:r, ordisregarded entity, see lhe instructions for Pa.ri l, later. For olher entlties, it is your employer identification number (ElN). lf you do not have a nutnber, see How to gef a 7/N, later. Note: tf the account is il lmore.than one name, see the instructions for limi 1. See also Whal Atame and Number To Givethe Reguesfe/'for guidelines on whose number to enler' Soclal numb€t IISII certification Under penalties of periury, I certiify that: 1. The number shown on thisform is mycotrect taxpayer identif,cation number (or I am walting for a numberto be issued to me); and 2. I am not sub,ject lo backup withholding because (a) I am exempt from backup withholding. or (b) I have not beer, notified by the lnternal Revenue Service (lRS) that I am sub.lecl to backup withholding as a result of a lailure to report all interest or dividend's, or (o) the IRS has notified me that I am no longer sub.iect to backup withholding; atld 3. I am a U-S. citizen or other U.S. person {deNned below), and 4. The FATCA code(s) enlered on lhis form Ql any) indicaling that I am exempt from FATCA reporting is conect. Certification insltuctiions. You must cross out ilem 2 above if you have been notified by the IRS ihat you are cilnently subject to backup withholding because you have failed lo report ali interest and dividendson yourtd relum. Forreai eslate transactions, ilem 2 does not apply. Formortglage interest paid' acquisition orabandonmen.t of sedred prope8, cancellation of debt. contributions to an individualretirement anangemellt (lRA), and, generally. payments -olher lhan interest anat dividen.ls volr aG not reouimd to sion lhe cerlifietion bul voi ' nnrsl orovide vot,r coreci TIN Smlhe inslnrclions lor Parl ll laler. 91-1282644 I Fml>l6var'i.lantilir:lion nl,mDea Sign Here Dal ..5-zl-2026 General lnstructions Section referefices are to lhe lnternal Revenue Code unless othetwise no.ted. Future developments. For the latest infolmaiion about d'eve'lopments related lo Form W-9 and its instructions, such as legislation enacled after they were published, golo www.irs.gov/Formwg, What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate bo.x for the tax classification of lls owner. Otherwise, il should check the "LLC"'box and enter its appropriate {ax classificalion. New line 3b has been addedl to this form. A flow-ihrough entity is required to complete this Ii e to indjcate that it has direcl orilrdirect foreign partners, owners, or beneflcia:-ies when rt provides the Form W-9 to anoiher tlow-lhrm,gh e 1 l ily in which it has an ownersh,ip interest. This chang,e,s intended to provide a tlow-lhrough entiiy with information regardino lhe status of its i direct lor.eign partners, owners, or beneficiaries, so lhat lt can satisfy any applicable .eporting requirements.. For example, a partnership that has any indirect foreign parlners may be required to complete Schedules K- 2 and K-3, See the Partnership lnsbructions for Schedules K-2 and K-3,(Form 1065). Purpose of Form An indivl:dual ore lily (Form W-9 reque$ler) who ls required to file an infornration rettl m with lhe IRS is giving you this form because they cd fb. 10231x Kittitas County Agreement for Services (rev. 5/L4l25l Page 13 of 19 Fom W-9 {Rev 3-2024) Formw-g {Rev. 3-2024}Page2 must obiain your oorrect taxpayer identrificatrion rmmber {TlN}, which may be your social securiiy number (SSN), individual taxpayer identification number (lTlN), adoptrion taxpayer ide11 ltilication number (ATIN), or employer identifioation number lalN), to report 0111 an information re:tum the amount paid to you, or other amount reportable on an intormation retum. Examples ol information retums include, but are not limited to, the following. . Form i0gSlNT:.j11lterest eamed orpaid). . Form 1099-DlV (dividends, including those from stocks or mutual funds). . Form 1 099-MISC (various types of income, prizes. awatds, or gross prooeeds),. . Form i099-NEC (1'llonemployee oompensation). . Form 1 099-8 (stock or mutual fu 1 1 1 d sales and certain other transactions by brokers). . Form 1099-5 (proceeds from real estate transactions). . Form 1099-K (merchant card and third-party network tralllsactions). . Form 1098 (home mortgage interest), '1098-E (student loan interest), and 1098-T (tuition). . Form 1099-C (canceled debt).. . Form 1099-A (acquisition or abandonment of secured propertyl. Use !'orm \^F9 only if you are a U.S. perso111 l..including a resident alien),, to provide your correct TlN. Cautiol 1 1: lf you don't return Form W-9 to the requester with a TllNl, you might be subject to baokup withholding. See Wf,at is backup withholding,laler. By signing the filled-out form, you: 1. Certi6/ that the TIN you are giving is correct (or you are waiting fior a numberto be issued); 2. Certify that you are not subject to backup withholding; or 3. Claim exem ption from backup withholding if you are a U.S - exem pt payee:,and 4. Certify to your non-foreign status for purposes of withholding under chaptter 3 or 4 of the Code Gd applicable); and 5. Certify that FATCA code(s) entered on this form i f any) indicating that you are exempt irom the FATCA reporting is correct. See What ls FATCA Repofting, later, for further information. Note: lf you are a U.S. person and a requester gives you a form otrher than Form W-9 to request your TlN, you must use the requesteis form if it is substantially similar to this Form W-9. De-i1 1 l ition of a U.S. persol l 1 . For federal tax purposes, you are considered a U.S . person if you are: . An individual who is a U.S. cilizen or U.S. resideni alien; . A partnership, corpo€tion. company, or association created or organized in ti.e United States or under the laws of the U 1 1 l ited States:, . An estate (otherthal lalforeign estate),; or . A domestic trust (as defined in Regulations section 301.7701-7),. Establishil 1 1 g U.S. statl lls for purposes of chapter 3 and chapter 4 withholdil llg. Payments made to foreign persons, including certain di&tributions, allocations of income, or transfers of sales prooeed6, may be sub.ject to withholdil 1 1g under chapter 3 or chapter 4 of the Code (sections i441-1474). Under those rules, if a Form W-9 or other certifioatiol 1 01 1 non-foreign status has not been received, a withholding agent, transferee, or partnership (payo: -generally applies presumptiol 1 1 rules that may require the payor to withhold applioable tax from the recipient, owner, tra 1 1 1 sferor, or partner (payee). See Pub. 5 1 5, Wlhhdding ol Tax 01 1 1 No1 1 1 resident Aliens and Foreigl 1 1 Enkities. The following persons musl provide Form Wog to the payor for purposes of establishing its non-foreign status. . ln the case.of a disregarded entity with a U.S. owner, the U.S. owner 01the disregarded entity and nol ti e disregarded enlity. . ln the case of a grantor trust with a U.S. grantor or olher U.S. owner, generally, the U.S. grantor or other U.S. c /v1 1 1er of lhe grantor trust and not the grantor trust. . ln the case,of a U.S. trust (other than a grantor trust), the, U.S. trust and not the beneficiaries of the trust. See Pub. 515 for more information on providing a Form W-9 or a cerlifioatiol 1 1 01non-foreign status to avoid withholding. Kittitas County Agreement for Services (rev. 5l14/25]. Page 14 of 19 Foreign person- lf you are a foreign person or trhe U.S. branch of a foreign bank lhat has elected to be treated as a U.S. person (under Regulations section L1441-1(brt2)(iv) or other applicable section for oha,pter 3 or 4 purposes), do not use Form W-9. lnst,ead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). lf you are a qualified foreign pensiol 1f1und u'l 1 lder Regulations section 1.897(1I1 ,(d)' or a partnership that is wholly owned by qualified foreign pension funds. that is treat.ed as a non-foreign person for purposes of sectiol 1 1 1445 withholdil 1 1 g, do nol use Form W-9. lnstead, use Form W-8EXP (orother oertificatiol 1o1f non-foreign status). Nonresident aHen who becomes a resident aliel 1 1. Gel l l erally, only a nonresident alien individual may use the terms of a tax treaty to reduce oreliminate U.S. lax on certain types of income. However, mosttax treaties contain a provision known as a saving clause. Ixceptions specilied in the saving clause may permrtan exemption from tax to oontil 1 I ue for ceriain types of income even after the payee has otherwise become a U.S. resideni allen fortax purposes. lf you are a U.S. resident alien who is relying on an exceplion contained i111 the,savil 1 1g clause of a tax treaty to claim an exemption from U.S. tax 0111 certain typ€s of inoome, you must attach a statemel 1 1t to Form W-9 that specifies the,following five items. 1. Th.e treaty country. Generally, this must be the same treaty under which you claimed exemption trom tax as a nonresident alien' 2. The treaty article addressing the income. 3. The article number (or location) in the tax trreaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies /or the exemptiol 1 1 from tax. 5. Sufficient facis to justify the exemptiol 1f '1rom tax underthe terms of the treaty article. Example. Article 20 01the US+i111aincome tax treaty allows an exemption from tax for scholarship income received by a Oi111e $L*lllttemporarily present in tl€Unit.ed States- Under U.S.law, this ${.*111twill become a resident alien fortax purposes if their stay i111 the United Stat.es exceeds 5 calendar years. However, paragraph 2 of the first Protocol to ihe U.S.'-China treat,y(dated April 30, 1984) allows the provisions OlArticle 20 to continue to apply even after the Chinese drdel1lt becomes a resident alien of the United States- A Chinese sr-*1111who qualilies tor this exoeption (under paragraph 2 of lhe first Protocol) and is relying on ihis exception to claim an exemption from tax on their scholarstiip or fellowship income would attach to Form W-9 a statement that includes ltieinformation described above to support that exemption. lfyou are a no'l I lresident alien ora foreign entity. give the requester the appropriate compleied Form W-8 or Form 8233. Backup Withholding What is baclkup withholding? Persons making certain payments tro you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding."' Payments that may be subiect to backup wilhholding include, but are not limited to, interest' tax-exempt interest, dividel 1 1 ds, broker and barter exchange transactions, rents, royalties, nonemployee pay, paymenis made in settlemento't paymentr card and third-party network transaotions, and certain payments lrom fishing boat operators. Real estate transactions are no:t subject to backup withholding. You will not be subject to backup withholding on paymenls you receive if you give the requester your correct TlN, make the proper oertifications, and ileport all your taxable interest and dividends on you r tax return. Payments you receive will be subject lio backup withholding if: 1 . You do noi furnish your TIN to the requester; 2. You do not certify yourTlN when required (see lhe instrlJotions for Part ll for details); 3. The IRS tells ltie requester that you furnished an,inconectlllN: 4. The IRS tells you that you are subject to backup withholding because you did 1 1 1ot report all your interest and dividends on yourtax retum (for reportable interest and dividelllds only); or 5. You do not certify to lhe requester lhat you are not subiect to backup withholding, as described in item 4 underagy signing the filfed- out form" above (for reportable interest and dividend accounts opened after 1983 only). Form Wg {elev.3-2024i Page3 Certain payees and payments are exemptfrom backup withholding. See Exempf payeecode, lat€r, and the separale lnstructions for the Requester of Form W-9 for more information. See also lsfabllshlng U. S. status for puryoses of chapter 3 and chapter 4 withholding. earlter. What ls FATCA Reporting? The Foreign Account Tax Compliance Act {FATCA) requires a participating foreign financial institution to report all U.S. aooount holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the lnstructions for the Requester of Form W-9 for more information. Updating Your lnformation You must provide updated information lo any person to whom you claimed lo be an exempt payee lf you are no longer an exempt payee and anticipate receiving reportable payments in tlle future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. ln addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the granlor of a grantor trusl dies. Penalties Failure lo furnish TlN. li you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless yourfailure is due to reasonable cause and notto willful neglect. Civil penalty for false information with respect to withholding. lf you make a false statement with no reasonable basis tllat results in no backup withholding, you are subject to a $500 penalty. Criminal penalty tor falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TlNs. lf tlle requester discloses or uses TlNs in violation of federal law, the requester may be subject to civiland criminal penalties. Speciific lnstructions Line 1 You mustenter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. lf this Form W-9 is for a Joint account (other than an account maintained by a foreign financial institution (FFQ), list first, and then circle, lhe name of the peason or entity whose number you entered in Part I of form W-9. lf you are providing Form W-9to an FFlto document a joint aocount, each holder of the account lhal is a U.S. person must provide a Forrn W-9. ,lndividual-Generally, enter the name shown on your tax retum. lf you have changed your last name witlout informing the Social Security Administration (SSAI of the name change, enter your l iirst name, the last name as shown on your social security catd, and your new las! name. Note for lTlN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 104!0 you filed with your application. . Sole proprietor. Enter your individual name as shown on your Fbrm 1O4O on line 1. bnleryourbusiness, trade. or"doing business as" (OBA) name on line 2. . Partnership, C corporation, S oorporatfon, or LLC., otherthan,a dlisregarded entity. Enter the entily's name as shown on the entiiy's lax relum on line 1 and any business, trade, or DBA name on line 2 . Other entities. Enteryour name as stiown on required U.S. federal tax documents on line 1. This name should match tlle name shown on the charteror other legal document creaiing ihe entity- Enter any business' trade ,.or DBA name on line 2. . Disregarded entity. ln general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from rts owner (a disregarded entity). See Regulalions section 301.7701-2(cX2). A disregarded enlily should check the appropriate box iorthe tax classification ol its owner. Enter the owner's name on line 1, The name,of the owner entered on line 1 shou'ld never be a disregarded entity. The name on line 1 should be lhe name shown on tlle inoome lax return on which the income should be reported. for Kittitas County Agreement for Services (rev. 5/L4/251 Page 15 of 19 example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner lha! is a U.S. person, the U S. ownels name is required to be provided on line 'l- If lh e direct owner of the enlity is also s disregarded entity, enter the first owner tllat is not disregarded for federal tax purposes. Enter the,disregarded entity's name on line 2. lf lh,e oAivner of the disregarded enlity is a foreign percon, Itl e owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S TlN. Line 2 lf you have a business name, trade name, DBA name. or disregarded entity name, enter ii on line 2. Line 3a Check the appropriate box on line 3a forthe.U.S. lederal tax classilication of the person whose name is entered on line 1. Check only one box on line 3a. Line 3b Check this box if you are a partnership r rncluding an LLC classified as a partnership for U.S. federal tax purposes), lrust, o. estale that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, irust, or eslaile. in which you have an,ownership interest. You mlrst check the.box on line,3b if you receive a Form W-8 (or dooumenlary evidencel from any partner, owner' or beneflciary establishing foreign status or if you receive a Forrn W-9 from any partner, owner, or beneficiary lhat has checked lhe box on llne 3b. Note: A partnership lha! provides a Forrn \M9 and checks box 3b may be required to complete Schedules K-2 and i<-3 (Form 1 065). For more information,.see the Pa.tnership lnstructions for Schedules K-2 and K-3 (Form 1065). lf you are required to complete line 3b but fail lo do so, you may not receive the intoamation necessary to lile a oorreci information relum with It1 e IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 fo( penalties that may aPPIY- Line 4 Exemptions lf you are exempt lrom backup wi;lhholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. . Generally, individuals (including sole proprietors) are noi exempt from backup withholding. . Except as provided below, corporations are,exempt from baokup withholding for certain payments, including interesl and dividends. . Corporations are no! exempt from backup withholding for payments made in settlement of paymenl card or third-party network lransaooons. . Corporations are nol exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys. and oorporationg that provide medical or health care services are not exempt witll respect to payments reportable on Form 1099-M|SC. The following codes identify payees thal are exempt from backup withholding. Enter the appropriate code in the space on line.4. 1- An organizaiion exempt from tax under section 501(a)' any IRA' or a custodial account under section 403(bX7) if !he account satisfies the requirements o.f section 401 (0(2). lF the entitylindi:vidualon line 1 isaln) ... THEN check the box for,... Corporation Corporation- r lndividual or . Sole proprietorship lndividuallsole proprietor. LL\/ qas$nQ a5 a pat u lctsl xP f o r U.S..federal tax purposes or . LLGtha! hasfiled Forrn 8832 or 2553 electing to be taxed as a corporation Limited liability company and enter the appropriate tax classification: P = Partnership, C=Ccorporation,or S = S corporation. Partnership Partnership. Trusvesiate Truslleslate. Form W.9 (elev.3-2024)Page 4! 2- The U nited States or any of its agencies or instrumentalities 3-A slate, the District of Columbia, a U.S. commonwealth orterritory, or any of their polilical subdivisions or instrumentalities. 4-A foreign government or any of its political subdivisions, agencies, or instrumentalities. 5-A corporation. G-Adealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory. 7-A futures commission merchant registered with the Commodity Fuiures Trading C-Ommission. 9-A real estate investment trust. 9- An entity register.ed at all times during the tax year underthe lnvestment CompanyAcl of 1940. 1 o- Acommon trust tund operated by a bank undersection 584(a). 1 1-A financial insiitution as defined under section 531. 12-A middleman known in U1e investment community as a nominee or custcxlian. 1 &A trust e,cempt from tax under section 664 or described in seclion 4947. The following chart shows types 01 payments that may be exempt from backup withholding. The chart applies to th.e exempt payees listed above, 1 through 13. lF the payment is for ....THEN the payment is exempt for... - lnterest and dividend payments All exempt payees except fotT . Brokeriransactions Exempt payees 1 through 4 and 6 through 1 1 and all C corporations. S corporations mus! not enter an exempt payee code because they are exempt only for sales ol noncovered securities acquired 1o 2012. . Barter exchange transactions Exempt payees 1 through 4. and dividends . Paymentsover$600 requiredto be reported and direct sales over $5,ooo' . Payments made in settlement of payment card or lhird-party network transactions Exempt payees 1 through 4. l See Form 1099-MlSC, Miscellaneous Information, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are no! exempt from backup Wthholding; medical and health care payments, attorneys'fees, gross proceeds paid to an,attorney reportable under seciion 604!5(i 1., and payments for services paid by a federal executive agency.. Exemption from FATCA.reporting c ode. The following codes identify payees that are exempt from reporting under !'ATCA..These codes apply to persons submitting !his form for accounts maintained outside of the.United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United Slates, you may leave this field blank. Consult with the per$on requesting ihis form il you are uncertain if the financial institution is subject lo these requirements. A reguester may indicate that a ccxle is not required by providing you with a Form W-9 with "Not Applicable" (or any similar lndication) entered on the line for a FATCA exemption code. A-An organization exempt from tax under section 501 (a),or any individual retirement plan as defined in section 7701\a){371. B- The Uniled States or any ol its agencies or instrumentalities. C-A state, the Distdct of Columbia, a U.S. commonwealth or terdtory, or any of their political suMivisions or instrumentalities. D-A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations sec.ion 1. 1 47.2-1 (cX1 Xi).. IE-A corporation that is a member o.fthe same expanded affiliated group as a @rporation desoribed in Regulations section 1.14!72-1(cxl Xi). Kittitas Cou nty Agreement for Servi ces (r ev. 5 / Ia/ 25l, Page 16 of 19 F-A dealer in secutities, commcxlities, or derivative financial instrumenls i jncluding notional principal conlracts, futures, foMaids, and options) that i$ registered as such under lhe laws of the United States or any state. G-A real estate investment trust. H-A regulated investment company as defined in section 851 or an entity registered al al, times during the tax year under the lnvestment Company Act of i 940. l-A common trustfund as defined in section 584(a). J-A bank as defined in section 531 . K-A broker.. L -A trust exempt from tax under section 664 or described in section 49471a)(1t. M -A lax-exempt trusl under a section 403fb) plan,or seclion 4!57(gl plan. Note: You may wish to oonsult with the financial institution requesting this form to determine whether the FATCA oode andfor exempt payee code should be completed. Lines Enter your address (number, street, and apartment or suite number). Thls is where the requester ot this Form W-9 willmail your information returns. lfthis address differs from the one the requester already has on file, enter "NEW' al the top. lf a new address is provided, lhere is still a chance the old address will be used until the payer changes your address in their records. Une6 Enter your city, state. and ZIP code. Part l. Taxpayer ldentification Number (TlN) Enter your TIN in the appropriate box, lf you are a resident alien and you do not have, and are not eligible to get, an SSN. yourTlN is your IRS lTlN. Enter it in the entry space for lhe Social security number..lt you do not have an lTlN. see /-!ow to geta ItlV below. lf you are a sole proprietor and you have an lElN, you may enter either your SSN or !:::1N.. lf you are a single-member LLC that is disregarded as an entity separate from its owner, enterthe ciJvner"s SSN (orElN, if the owner has one). lf the LLC is ciassified as a corporation or partnership, enler the entity's lElN- Note: See t4lhaf /Vame and Number To Give li',e Requester, later' for further clarification of name and TIN combinations. How to get a TlN. tfyou do not have a TlN, apply for one immediaiely' To apply tor an SSN, get Form SS-5, Application for a Social Security Card, lrom your local SSA office or get this form online at www.SSA.gov. You may also get lhis form by calling 800'772-1213 Use Form W-7, Application for IRS lndividual Taxpayer ldentification Number. to apply for an,lTlN, or Form SS-4. Application for Employer ldentification Number, to apply for an ElN. You can apply for an lElN online by accessing the IRS website al www.irs.gov/ElN. Golo www.irs.gov/Forms lo view, download, or print Form W-7 andlor Form SS-4. Or. you can go to www.irs.gov/Orde#orms to place an order and have Form W-7 an.d/or Form SS-4 mailed lo you within 15 business days. lf you are asked to complete Fonm W-9 but do no! have a TlN, apply for a TIN and enter 'Applied Fo/' in the space for ihe TllNl, sign and date the form, and give it to lhe requester. For interest and dividend paymenls, and certain paymenls made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give ii to therequesterbefore you aresubject to backup withholding on paymenls. The 60cday rule does nol apply to othertypes of payments. Vou will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied for" means that you have already applied for a TIN orthat you intend to apply for one soon. See also Establishlrig U.S status for purposes of chapter 3 atid chapter 4 withho/dkig. earlier' for when you may instead be subject lo withholding underchapter 3 or4of the Code. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-3. Generally, exempt payees 1 through 5-2 Form W-9 (Flev.3-2024i Page5 Part lL Certification To establish to the withholding agenl that you are a U.S. person, or resident alien, sign Form W-9. You may be requested lo sign by the withholding agent even if item l, 4, or 5 below indicates otherwise For a joint account, only the person whose TIN is shown in Part I should sign (when required). ln lhe case'o1a disregarded entity, lhe person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier, Signature requirements. Complete lhe certification as indicated in itemsl throughsbelow. 1 . lnlerest, dividend, and barter exchange accounts opened before 1 984 and broker accounts considered ac{ive during 1 983. You must give your correct TlN, but you do not have lo sign the cerlifiication. 2 . lnterest, dividend, broker, and bartel exchange accounts opened,after 1983 and broker accounts considered inactiive during 1983. You must sign the certification or backup withholding will apply lf you are subiecl to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the cerlifiioation before signing the lorm. 3 . Real estate transac{ions. You must sign lhe certification. You may cross oul iiem 2 of the certification. I . -Other payments. You mus! give your correct TlN, but you do not hav,e to sign the cerlilicalion unless you have been notified that you have previously given an incorrect TiN. "Other payments" include payments made in the course o:f the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services : including payments to corporations). payments to a nonemployee for seNices, payments made in setdement of payment card and third-party network transactions, payments lo certain fishing boat crew members and fishermen, and gross prooeeds paid to attomeys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debl, qualified tuition program payments (under sectlion 529), ABLEaccounts (under section,529A), lRA, Coverdell ESA, Archer MSA or HS.A contributions or distributions, and pension distributions. You must give your correct TlN, but you do not have to sign the certification. For this of account:Give name and SSN ot 8. Disregarded entity not omed by an individual 9- A valid trust, eslale, or pension trust 1 0. CDrporation Dr LLC electing corporate status on Form 8832 or Fotm 2553 1 1. Associ:otion, dub, religious. charfable, edu€tional, or othet tax-exem,Pt Drganizalion 12. Partnership or multi-membedLc 1 3. A broker or regislered nomine€ l4.Acoountwith the Oepadmenl of Agriillture ifl lhe name of a Public entity (such as a stale or loml government, school districi. or prison) that receives agriculitu ral program payments 15. Granlortrusllilingiform 1041 or under the OptionalFiling Malhod 2. requiring,Form 1 099 (see Regulations section 1.67,41 jb)t2XiXB)).' For this of acount:Give name encl FIN of Tho oMer Legal slity. Thesrporation The organizmion The parlnsship The broker-or nmin€ Tho publ ic entiiy '1. hdividual 2. Twoormore individuals i:oim account) other than an amunt maintained bY an FR 3. Two or more U.S. peFons noinl account maintained by an RR) 4, Custodial account of a minor (U"iform Gift lo Minors Acti 5. a, The usualrevocabl'e savings trust {grantor is also trustee) b, So-called lrust account that is ncd { legal or valid trust under state le 6, Sole proprietorship or disregarded entity owned by an individual 7, Granlor trust filing under Optional Filing Method 1 (see Flegulations section 1671 4{bi12Xi)[A))- Ths individual The actual owner of the account or, if combined iunds, the fast individual: on ihe a€oun1 I E.-dt, holder ol the amunt The minorz The grantor-trustee The actual ownerl The ownea' The grantor, Thetrust l List first and circle lhe name of the person whose number you rumlsh. lf only one person on ajoint aocount has an SSNI, that person's number must be furnished. 'Circle lhe minor''s name and furnish the minor's SSNI 3You must show your individual name on line 1, and enteryour business or OBA name, if any,.on line 2. You may use either your SSN or EIN i-lf you have one), but the IRS encourages you to use your SSN- List first and circle lhe name of lhe trust, esiate, or pension trust. jDo nol furnish the TIN of the personal representative or trustee unless the legal entity itselt is not designated in the account title.) . Note: The gran,tor must also provide a Form W-9 to lhe trustee of the trust. .. For more !nformation on optional fiiling methods for grantor trusts, see the lnstructions for Form t041. Note: lt no name is circled when more than one name is Iisted' the number will be considered !o be that of the first name listed' Secure Your Tax Records From ldentity lheft ldentity lheft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud oroth er crimes. An identity thief may use yourSSN to get a job or may file a tax retum using your SSN lo receive a refund. To reduce your risk: . ProtectyourSSN, . Ensure your employer is protecting your SSN, and . Be careful when choosing a tax return pleparer. lf your tax records are affected by identity theft and you receive a notice from the lRS, respond right. away to the name and phone number printed on the IRS nolice or letter.. lf your lax r€cords are not currently atfected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit reporl, contact the IRS ldentity Theft.Hotline al 800-908-4490 or submit form 14039. For more information, see Pub. 5027. ldentity Theft lnformation for Taxpayers. Kittitas County Agreement for Services (rev. 5/L4/251 PageLT of t9 Form w-9'(Rev.3-2024)Paqeo Victims of identity thefl who are eKperiencing economic harm or a systemic problem, or ar,e seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advooate Service (TAS) assistance. You can reach TAS by calling the TAS ioll-free case intake line al 877-777'4778 or TTY/TDD 800-829-4059. Protect yourself from suspicious emails or ph'ishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites.. The most common act is sending an email lo a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user inlo surrendedng private information that will be used for idenlity theft. The IRS does not initiate contads with la,cpayers via emails. Also, the IRS does nol request personal detailed information through email or ask ta,cpayers for lhe PlNinumbers, passwords, or similar secret access information for their credit card, bank, or otherfinancial accounts ii you receive an unsolicited email claiming to be from ihe llRS, forward lhis message to phishing@irs.gov- You may also report misuse of lhe llRS name, logo, or other IRS property to th.e Treasury Inspector General forTaxAdministralion (TIGTA) at 800c3'66-4!4841. You can forward suspicious emails to lhe federal Trade Commission at spam@uce.govor report them at www.ftc..gov/compfaint. Y ou can contact the FTC al wvwvftc.govlidthefi or 877-IDTH-|FT (877-4!38-4338). li you have been th.e viclim of identity theft, see www.ldentityTheft.gov and Pub. 5027. Golo www.irs.gov/ldenti!yTheffto leam more about idenlity theft and ho/v to reduce your risk. Kittitas County Agreement for Services (rev. 5/t4/251 Page 18 of 19 Privacy Act Notice Section 61 09 of the lnternal Revenue Code requires you to provide your correct TIN to persons tncluding federal agenciesl who are requir.ed to file information returns with the llRS to report interest, dividends, or certain oiher income paid to you: mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an lRA, An;her MSA, or HSA. The person collecting this form LJSes the information on the form to file information returns with ihe lRS, reporting the above information. Routine uses of this intormation inolude giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. oommonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You mLJSt provid'e yourTlN whether or not you are required io file a tax return. Under seotion 3406, payors must generally withhold a percentege of taxable interest, divid'ends, and certain other payments to a payee who does not give a TIN to the payor. Certain penalties may also apply for proMding false or fraudulent intormation. ATTACHMENT "F,, RETIREMENTSTATUS FORM * * All Contractors who are individuals must complete and sign ** SECTION 1: CONTRACTOR COMPLETES THIS SECTION: Did you retire from one of the State of Washington Retirement Systems? Did you retire before age 65 using the 2008 early retirement factors (ERF)? Will you be receiving direct compensation for these services? Will you be receiving indirect compensation forthese services? CONTRACTOR (Full name of contractor as in DRS filings-Please Print):- Signature:LastFourDigitsofSocialSecurity Date SECTION 1: COUNW COMPLETES THIS SECTION: [Use Member Reporting Verification (MRV) to verify the past retirement membership and document below] 1. Has Contractor been a member of a Washington State Retirement System? - Yes - No lf yes, which system and plan? - Teachers' Retirement System (TRS) - Plan 1 - Plan 2 - Plan 3 - School Employees' Retirement System (SERS) - PIan 2 - Plan 3 - Public Employees' Retirement Systems (PERS) - Plan 1 - Plan 2 - Plan 3 - PublicSafetyEmployees'RetirementSystem(PSERS) - Plan2 _ Law Enforcement Officers' & Fire Fighters' Retirement System (LEOFF) - Plan 1 - Plan 2 _ washington state Patrol Retirement system (wsPRs) _ Plan I - Plan2 _ Judicial Retirement System (JRS) Yes No Yes _ No Yes _ No Yes No 2. ls Contractor a retiree of a Washington State Retirement System? 3. Did Contractor retire before age 65 using the 2008 ERF? I have verified the information above using MRV or by contacting DRS' COUNTY REPRESENTATIVE (Please Print) Signatu D COUNTY RETAINS THIS FORM Kittitas County Agreement for Services (rev. 5lL4/251 Page 19 of 19 _Yes _ No _Yes _ No