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HomeMy WebLinkAboutPW06-313 - Original - Thompson Smitch Consulting Group, Inc. - Green Duwamish River Ecosystem Restoration - 12/26/2006 Records M-- ---_ a" go'OementODocument WASH NGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Thompson Smitch Consulting Group, Inc. Contract Number: This is assigned by Mary Simmons Vendor Number: Project Name: Green Duwamish River Ecosystem Restoration proiect Contract Effective Date: Date of the Mayor's signature Contract Termination Date: April 30, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mike Mactutis Department: Engineering Abstract: Secure the FY 07 appropriation request, and establish a meeting to secure funding for the Green Duwamish River Ecosystem Restoration project. ADCL7832 07/C2 40040� • KENT WTSMINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Thompson Smitch Consulting Group, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Thompson Smitch Consulting Group, Inc organized under the laws of the State of Washington, located and doing business at 1821 East Dock Street, Tacoma, WA 98402, Phone (253) 879- 1250/Fax (253) 879-1251, Contact Tim Thompson (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications The Consultant will work with the City to secure the FY 07 appropriation request, and establish a meeting to secure funding for the Green Duwamish River Ecosystem Restoration project For a brief description, see the Scope of Work which is attached as Exhibit A and incorporated by this reference Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by April 30, 2007 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seventy Thousand Dollars ($70,000 00) for the services described to this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement The City shall provide payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that CONSULTANT SERVICES AGREEMENT- 1 (Over$10,000) portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. DISCLOSURE OF LOBBYING ACTIVITIES. The City has entered into a Project Cooperation Agreement with the U S Department of the Army for the construction of the city's Duwamish/Green River ecosystem restoration project at the Lake Meridian outlet The City has retained Consultant to provide work in furtherance of that restoration project. A portion of the costs incurred in completing the restoration project will be paid using federal funds the City has received, or will receive in the future, from the federal government in accordance with the terms and conditions of the referenced Project Cooperation Agreement As a result, the City and its Consultants must comply with 31 U S C § 1352, which requires that no funds appropriated by the federal government be used to pay any person for lobby-related work Accordingly, in contracting with the City for the work to be completed under this Consultant Services Agreement, the Consultant agrees to comply with the requirements of 31 U.S C § 1352 and will complete and submit a "Certification Regarding Lobbying," as well as a "Standard Form LLL," a copy of which is attached and incorporated as Exhibits C and D. These forms must be submitted with this contract and in accordance with their instructions V. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement After termmation, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work tow hich the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement. VIIL INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement t s subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT-2 (Over $10,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. IX. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. EXCHANGE OF INFORINIATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XIL CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, t he w ork in ust in eet t he approval o f t he C tty and s hall b e subject t o the C ity's general r ight o f inspection to secure satisfactory completion. XIII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law Tlus Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignmen . Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: B /h'1 B CC Y Y�— si nature) (signature) Print Name �lYri o YY11J S o V� Prmt Ngurt Cooke Its �j�LA a n� ItsMayor (Title) (Title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Tim Thompson Larry R. Blanchard Thompson Smitch Consulting Group City of Kent 1821 East Dock Street 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 879-1250 (telephone) (253) 856-5500 (telephone) (253) 879-1251 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: � 0 - /� Kent Law Department TSCG-FY07 AppropnationiMactuths CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above. Dated this�_day of ,/Q Ce y4q t¢ , 200L. By �j/YY� ►1dIN�I? For. --*Aj1(\V5Mn { 'hh Title Date. �?'� ILIpt,� EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1 2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 1200 ._ By: For Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A MEMORANDUM To: Mike Mactutis From: Tim Thompson Thompson Smitch Consulting Group (TSCG) Date: March 6, 2006 Re: FY06 and FY07 Appropriation for Green Duwamish In a very difficult budget year we were successful in securing $1.875 million for the Green Duwamish River Ecosystem Restoration Project Senator Murray deserves special recognition for her efforts and leadership to secure this appropriation. We worked closely with Senator Murray and Congressman Dicks, who also deserves thanks, throughout last year to secure funding. In addition we worked with both offices to secure support within the US Army Corps of Engineers to: 1. Initially get this project designated as a new construction start project. 2. Secure support as a priority Corp restoration project with OMB 3. We also attempted to get the project included in the FY07 Presidents budget As you know, this is an ongoing effort that requires consultant attention. Enclosed is the FY07 request that I need to submit as soon as possible to Senator Murray and Congressman Dicks Office (this week and we are late) Since I have not heard about a contract for my services this year, I would suggest I submit the request on your behalf on a probono basis in order to have the appropriation request considered in a timely manner. I would further suggest that you renew me contract at the same amount and I focus on two primary objectives: 1. Secure the FY07 appropriation request 2 Establish a high level Washington DC meeting with Senator Murray, Congressman Richert and the US Army Corp of Engineers to secure funding for the Green Duwamish River Ecosystem Restoration Project in the Presidents FY08 budget. I have greatly appreciated the opportunity to work with you on this project and we have enjoyed great success but there is still much work to be done in order to be successful EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance• 1. The Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior wntten notice by certified mail, return receipt requested, has been given to the City. EXHIBIT B (Continued) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of not less than A VII E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor �p�, CERTIFICATE OF LIABILITY INSURANCE oaioij2o 6 PRODUCER (253)272-1151 FAX (253)272-1225 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Hentschel l & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One Pacific Building HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 621 Pacific Ave. , Suite 400 Tacoma, WA 98402 €`" INSURERS AFFORDING COVERAGE NAIC# INSURED Thompson Smitch Consulting .%.-f INSURERA USF&G Insurance Company (St Paul P.O. Box 2192 INSURERB Underwriters, Lloyds London �t Tacoma, WA 98401 pu� 9J INSURER INSURER YINSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ALDD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 680-35F22014 06/22/2006 06/22/2007 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE O OCCUR MED EXP(Any one person) $ 10,000 A X PERSONAL&ADV INJURY $ Excluded GENERAL AGGREGATE $ 2,ou-0,o0o GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY J ECT PRO LOC AUTOMOBILE LIABILITY BA 3 SF18086 06/22/2006 06/22/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) 1,000,000 1,000,000 ALL OWNED AUTOS BODILY INJURY $ A X SCHEDULEDAUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ d4 (3f�n1G(<J@(XX; 680-35F22014 06/22/2006 06/22/2007 WCSTATU- I OTH- EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? WA STOP GAP E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 1.000.000 ro essional Liability 0607-00039716E 06/22/2006 06/22/2007 1,000,000 Limit B $2500 Deductible "claims made policy" DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT[SPECIAL PROVISIONS E: GREEN DUWAMISH RESTORATION PROJECT ERTIFICATE HOLDER IS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. HIS INSURANCE IS PRIMARY, ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED WILL BE EXCESS AND ON-CONTRIBUTORY PER CDG037 ATTACHED. ER CGD252 (08/05) .10 DAYS NOTICE OF CANCELLATION APPLIES FOR NONPAYMENT IN WA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL CITY OF KENT 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ENGINEERING DEPT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 FOURTH AVE S OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES KENT, WA 98032 AUTHORIZED REPRESENTATIVE Tom Duren/LAV u.. ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse sloe of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury"or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you Insurance: 2. The first Subparagraph (2) of Paragraph b Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non-contributory basis, this insur- Subparagraph (1) ante is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy will not share with that other insurance, provided that a. The "bodily injury" or "property damage" for which coverage is sought occurs, and CG DO 37 04 05 Copyright 2005 The St Paul Travelers Companies, Inc All rights reserved Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED— (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but. erations hazard". a) Only with respect to liability for"bodily injury", d) The insurance provided to the additional in- property damage"or"personal injury", and sured does not apply to "bodily injury" or b) If, and only to the extent that, the injury or "property damage" that occurs, or "personal damage is caused by acts or omissions of injury" arising out of an offense committed, you or your subcontractor in the performance while any separate liability insurance that you of "your work" to which the "written contract have procured for that person or organization requiring insurance" applies The person or is in effect, regardless of whether the scope organization does not qualify as an additional or limits of insurance in this Coverage Part insured with respect to the independent acts exceed those of that separate liability insur- or omissions of such person or organization ance or whether that separate liability insur- ance is valid and collectible 2. The insurance provided to the additional insured 3. The insurance provided to the additional insured by this endorsement is limited as follows by this endorsement is excess over any valid and a) In the event that the Limits of Insurance of collectible "other insurance", whether primary, this Coverage Part shown in the Declarations excess, contingent or on any other basis, that is exceed the limits of liability required by the available to the additional insured for a loss we "written contract requiring insurance", the in- cover under this endorsement. surance provided to the additional insured 4. As a condition of coverage provided to the shall be limited to the limits of liability re- quired by that "written contract requiring in_ additional insured by this endorsement: surance". This endorsement shall not in- a) The additional insured must give us written crease the limits of insurance described in notice as soon as practicable of an "occur- Section III—Limits Of Insurance. rence" or an offense which may result in a b) The insurance provided to the additional in-- claim To the extent possible, such notice sured does not apply to "bodily injury", "prop- should include: erty damage" or "personal injury" arising out i. How, when and where the "occurrence" of the rendering of, or failure to render, any or offense took place, professional architectural, engineering or sur- ii. The names and addresses of any injured veying services, including: persons and witnesses, and I. The preparing, approving, or fading to iii. The nature and location of any injury or prepare or approve, maps, shop draw- damage arising out of the"occurrence" or ings, opinions, reports, surveys, field or- offense ders or change orders, or the preparing, approving, or fading to prepare or ap- b) If a claim is made or"suit" is brought against prove, drawings and specifications, and the additional insured, the additional insured ii. Supervisory, inspection, architectural or must engineering activities. I. Immediately record the specifics of the I claim or"suit" and the date received, and CG D2 52 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY ii. Notify us as soon as practicable. 5. The following definition is added to SECTION V The additional insured must see to it that we —DEFINITIONS receive written notice of the claim or"suit' as "Written contract requiring insurance" means soon as practicable that part of any written contract or agreement c) The additional insured must immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or suit', cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the "bodily injury" and "property damage" oc- the claim or defense against the "suit", and curs and the "personal injury" is caused by an otherwise comply with all policy conditions offense committed d) The additional insured must tender the de- a. After the signing and execution of the fense and indemnity of any claim or "suit" to contract or agreement by you, any provider of"other insurance"which would b. While that part of the contract or cover the additional insured for a loss we agreement is in effect, and cover under this endorsement c. Before the end of the policy period m_ m= o= o= w O� n� o� ti= o� a� U= Page 2 of 2 ®2005 The St Paul Travelers Companies, Inc. CG D2 52 08 05 oaa5se EXHIBIT C CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that- (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than S 100,000 for each such failure DATE: �L I it, fptt 1 EXHIBIT D DISCLOSURE OF LOBBYING ACTIVITIES Approved by0l Complete this form to disclose lobbying activities pursuant to 31 U.S C 1352 0348-0046 See reverse for public burden disclosure 1.Type of Federal Action: 2 Status of Federal Action. 3. Report Type: ©a contract IWa bid/offer/application ® a Initial filing b grant b Initial award b material change c cooperative agreement c post-award For Material Change Only: d loan year quarter e loan guarantee date of last report f loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name Prime �Subawardee and Address of Prime: Tier , ifknown C11 � K&t 61t o� Kahl Congressional District, if known 4c Congressional District, if known 6. Federal Department/Agency- 7. Federal Program Name/Description: Ulu Ar""I cvgs 0 r,"Ifte6 1(CC1n "PUV'fi►WHSv+ �1*0'fion vnd� CFDA Number, if applicable 8. Federal Action Number, if known: 9.Award Amount, if known: IVb+ "ow►1 N I R $ 2 ►A4116l In VS sty** c. 10 a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI) different from No 1Oa) '51ornpon 5mli (VA50HA I (last name, first name, MI) Tliori, Tim �ivr5•n' I f&j oa.k 5111119wk. IDS WA 013,407, / 11 Information requested through this Form is authorized by title 31 U S C section Signature Y� (1'ky 1352 This disclosure of lobbying activities is a material representation of fact 1'c upon which reliance was placed by the tier above when this transaction was made r� Print Name �IM �'1lrvlVSev1 or entered into This disclosure is required pursuant to 31 tl S C 1352 This information will be available for public inspection Any person who fads to file the /�. `A` required disclosure shall be subject to a civil penalty of not less than $10 000 and Title ft of`1 not more than$100 000 for each such failure Telephone No Z3. 111 • ?-SO Date ok Federal Use Only: Authorized for Local Reproduction Standard Form LLL(Rev 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardeeor prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 US C section 1352 The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Member of Congress in connection with a covered Federal action Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information 1 Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action 2 Identify the status of the covered Federal action 3 Identity the appropriate classification of this report If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred Enter the date of the last previously submitted report by this reporting entity for this covered Federal action 4 Enterthe full name,address,city,State and zip code of the reporting entity Include Congressional District,if known Check the appropriate classification of the reporting entitythat designates if it is,or expectsto be,a prime or subaward recipient Identify the tierof the subawardee,e g,the first subawardee of the prime is the 1 st tier Subawards include but are not limited to subcontracts,subgrants and contract awards under grants 5 If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city, State and zip code of the prime Federal recipient Include Congressional District,if known 6 Enterthe name of the Federal agency making the award or loan commitment Include at leastone organizationallevel below agency name,if known For example,Department of Transportation,United States Coast Guard 7 Enter the Federal program name or description for the covered Federal action(item 1) If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments 8 Enter the most appropriate Federal identifying number availablefor the Federal action identified in item 1 (e g, Request for Proposal(RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency) Include prefixes,e g ,"RFP-DE-90-001 " 9 For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5 10 (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a) Enter Last Name,First Name,and Middle Initial(MI) 11 The certifying official shall sign and date the form,print his/her name,title,and telephone number According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number The valid OMB control number for this information collection is OMB No 0348-0046 Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Managementand Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503