HomeMy WebLinkAboutContractPAGE 1 OF 8
THIS AGREEMENT (“Agreement”) is made as of the Ɖƌŝů ϭƐƚ, 2026, (the “EffectiveDate”) by and
between the City of Renton, a non-charter code city under RCW 35A, and a municipal
corporation under the laws of the State of Washington (“City”), throughits Public Works
Department and McKinstry Co͕͘ >>, (“Contractor”), Limited Liability Company, who are
collectively referred to as the “Parties”, to provide ,smaintenance services, City and
Contractor agree as set forth below.
ϭ͘Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Exhibit “A”. Contractor agrees to provide HVAC preventative
maintenance services. This agreement is limited to routine preventative maintenance only
and does not include repairs, upgrades, overhauls, improvements to existing systems, or
new system installations at the Renton Public Work Shops, located at 3555 NE 2nd St,
Renton, WA 98056 The Costs associated with each site and service frequencies are
referenced in this Agreement as Exhibit “A”.
Ϯ͘Changes in Scope of Services: City, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
ϯ͘Timeof Performance: ContractorshallcommenceperformanceoftheAgreementnolater
than 30 calendar days after the Agreement’s Effective Date.
ϰ͘Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, on Ɖƌŝů1st, 2027. ThisAgreement may be extended to accomplish change
orders, if required, upon mutual written agreement of City and Contractor.
Termination:
͘The City reserves the right to terminate this Agreement at any time, with or
without cause by giving ten (10) calendar days’ notice to the Contractor in writing.
͘In the event this Agreement isterminated by theCity, the Contractor shallbeentitled
HVAC Maintenance Agreement
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CAG-26-117
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to payment for all hours worked to the effective date of termination, less all
payments previously made. If the Agreement is terminated by the City after partial
performance of Work for which the agreed compensation is a fixed fee, the City shall
paytheContractoranequitableshareofthefixedfee.Thisprovisionshallnotprevent
the City from seeking any legal remedies it may have for the violation or
nonperformance of any of the provisions of this Agreement or from withholding
payment for reasonably disputedcharges. No payment shall be made by the City for
any expenses incurred or work done following the effective date of termination unless
authorized in advance in writing by theCity.
5. Agreement Sum: The total amount of this Agreement is the sum of $15,144.00 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6. Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Services, City agrees tomake payment of the amount identified as
the Agreement Sum.
7. Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the
Work will only be made after the Work has been performed and a voucher or invoice is
submitted in a form acceptable to the City.
A.Prevailing Wage Rates:
Contractor must comply with the State of Washington prevailing wage requirements.
Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project
and at the beginning of each calendar year and an Affidavit of Wages Paid at the end
of each calendar year and at the end of the project with the Washington State
Department of Labor and Industries. *Final payment will be held until Affidavit of
Wages Paid is submitted for each period/calendar year or end of project.
The State of Washington prevailing wage rates applicable for this project, which is
located in King County, may be found at the following website address of the
Department of Labor and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp
http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp
Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates
paid for the duration of this contract shall be the date the contract is executed as
reflected in the “Effective Date” identified at the top of the first page of this
Agreement.
Upon request, the City will provide a copy of the applicable prevailing wages for this
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project. Alternatively, the rates may be viewed at the City of Renton City Hall by
making an appointment with the contact person identified herein or prior to contract
award with the contact person identified as the City of Renton contact in Paragraph
15 Notices of this agreement.
B. City shall have the right to withhold payment to Contractor for any work not
completed in a satisfactory manner until such time as Contractor modifies such work
so that the same is satisfactory.
C. Final Acceptance. Final Acceptance of the Project occurs when the Public Works
Director has determined that the Project is one hundred percent (100%) complete and
has been constructed in accordance with the Plans and Specifications.
D. Payment in the Event of Termination. In the event this Contract is terminated by the
either party, the Contractor shall not be entitled to receive any further amounts due
under this Contract until the work specified in the Scope of Work is satisfactorily
completed, as scheduled, up to the date of termination. At such time, if the unpaid
balance of the amount to be paid under the Contract exceeds the expense incurred by
the City in finishing the work, and all damages sustained by the City or which may be
sustained by the City or which may be sustained by the reason of such refusal, neglect,
failure or discontinuance of Contractor performing the work, such excess shall be paid
by the City to the Contractor. If the City’s expense and damages exceed the unpaid
balance, Contractor and his surety shall be jointly and severally liable therefore to the
City and shall pay such difference to the City. Such expense and damages shall include
all reasonable legal expenses and costs incurred by the City to protect the rights and
interests of the City under the Contract.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys’ fees, legal expenses and litigation costs, arising from injury or deathto persons,
including injuries, sickness, disease or death of Contractor’s own employees, agents and
volunteers, or damage to property caused by Contractor’s negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by City and
its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached toreal
estate…) then, in the event of liability for damages arising out of bodily injury to persons
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or damages to property caused by or resulting from the concurrent negligence of the
contractor and City, its officers, officials, employees and volunteers, Contractor’s
liability shall be only to the extent of Contractor’s negligence. It is further specifically and
expressly understood that the indemnification provided in this Agreement constitute
Contractor’s waiver of immunity under the Industrial InsuranceAct,RCW Title 51, solely
for the purposes of this indemnification. The Partieshave mutually negotiated and agreed
to this waiver. The provisions of this section shall survive the expiration or
termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
eachoccurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided toCity
that are excluded in the commercial general liability insurance.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or
non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if
there will be any use of Contractor’s vehicles on the City’s Premises by or on behalf of the
City, beyond normal commutes.
E. It is agreed that on Contractor’s commercial general liability policy, the City will be
named as an Additional Insured on a non-contributory primary basis.City’sinsurance
policies shall not be a source for payment of any Contractor liability.
F. Subject to City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to City before executing the work of this
Agreement.
G. Contractor shall provide City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
A. Contractor, and Contractor’s agents, employees, representatives, and volunteers
withregard to the services performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
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marital status,sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of anysensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment
or application for employment, the administration of the delivery of services or any
other benefits under this Agreement, or procurement of materials or supplies.
B. The Contractor will take affirmative action to insure that applicants are employed
andthat employees are treated during employment without regard to their race,
creed,color,nationalorigin,sex,age,sexualorientation,physical,sensoryormental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation
and selection for training.
C. If Contractor fails to comply with any of this Agreement’s non-discrimination
provisions,Cityshallhavetheright,atits option,tocanceltheAgreementinwholeor
in part.
D. Contractor is responsible to beaware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11. Independent Contractor: Contractor’s employees, while engaged in the performance ofany
of Contractor’s services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of City and as a result, shall notbe
entitled to any coverage or benefits from the City of City. Contractor’s relation to City shall
be at all times as an independent contractor. Any and all Workman’s Compensation Act
claims on behalf of Contractoremployees, and any and all claims madeby a third-party as a
consequence of any negligent act or omission on the part of Contractor’s employees, while
engaged in services provided to be rendered under this Agreement, shall be the solely
Contractor’s obligation and responsibility.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Contractor shall obtain a City of Renton Business License prior to performing any Work and
maintain the business license in good standing throughout the term of this agreement with
the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
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https://dor.wa.gov/doing-business/register-my-business
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
14. Public Records Compliance.To the full extent the City determines necessary to complywith
the Washington State Public Records Act, Contractor shall make a due diligent searchof all
recordsin its possession, including, but not limited to, e-mail, correspondence,notes, saved
telephone messages, recordings, photos, or drawings and provide them to the City for
production. In the event Contractor believes said records need to be protected from
disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractorshall
indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
RecordsActrequestin a timelymanner,unlessthoserecordsareprotectedbycourtorder.
15. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf of
City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of City or Contractor.
Any notices required to be given by the Parties shall be delivered at the addresses
setforth below. Any notices may be delivered personally to the addressee of the
noticeor may be deposited in the United States mail, postage prepaid, to the address
set forth below. Any notice so posted in the United States mail shall be deemed
receivedthree (3) calendar days after the date of mailing. This Agreement shall be
administeredby and any notices should be sent to the undersigned individuals or
theirdesignees.
CITY OF RENTON
Jeffrey Minisci Facilities Director
1055 South Grady Way
Renton, WA 98057
Phone: (425) 766-6759
Jminisci@rentonwa.gov
CONTRACTOR
Darrin Wellentin Account Manager
5005 Third Avenue South
Seattle, WA 98134
Phone: (253) 970-4217
Darrinw@mckinstry.com
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B.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
C.Assignment and Subcontract.Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton’s prior express written consent.
D.CompliancewithLaws. ContractorandalloftheContractor’semployeesshallperform
the services in accordance with all applicable federal, state, county and city laws,
codesand ordinances. A copy of this language must be made a part of any contractor
or subcontractor agreement.
E.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract,the terms of this contract shall prevail.
F.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
G.Joint Drafting Effort. This Agreement shall be considered for all purposes as
preparedby the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
orinterpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington,or its replacement or successor.
I.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
J.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
willbefor the sole and exclusive benefit of the Parties and no one else.
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L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
preventeitherCityorContractorfromenforcingthatprovisionoranyotherprovision
of this Agreement in the future.Waiver of breach of any provision of thisAgreement
shall not be deemed to be a waiver of any prior or subsequent breach unless it is
expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON
By:
CONTRACTOR
By:
Martin Pastucha
Public Works
Administrator, City of
Renton 1055 South
Grady WayRenton, WA
98057
^ƚĞǀĞDĂƌŬŽǀ
ůŝĞŶƚdžƉĞƌŝĞŶĐĞDĂŶĂŐĞƌ,
McKinstry Co 5005 Third Avenue
South Seattle,WA,98134
Date Date
Attest
By:
3/20/2026
Digitally signed by
SteveMa@mckinstry.com
Reason: I am approving
this document
Date: 2026.03.20
16:14:36-07'00'
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$
N/A
Shane Moloney
City Attorney, City of Renton
ĐůďϮͲϭϳͲϮϲE^DĂŝŶƚĂŐƌĞϯϳϯϯ
Approved by Cheryl Beyer via email 2/17/2026
Minimum Requirements of Contractor
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Exhibit A"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
January 9, 2026
Jeff Minisci
City of Renton
1055 S Grady Way
Renton, WA 980
Dear Jeff,
Thank you for the opportunity to present our maintenance plan for your facility. Our goal has been to listen
carefully to your needs so we can understand the challenges and issues you face in managing your facility.
The following proposal represents the solutions we recommend based on our understanding of your needs and
McKinstry’s 50 years of mechanical systems experience. If there is anything you would like modified in this plan,
please let me know.
If our plan meets your expectations, please sign the executable agreement page located in the back of this
proposal and return it to me. A copy of the agreement page is located in the financial section of this proposal and
may be kept for your records.
Again, we thank you for this opportunity and we look forward to working with you.
Regards,
Darrin Wellentin
Account Manager | Service
McKinstry Co LLC
Exhibit A
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
x On the following pages, McKinstry has provided the framework for a Condition Based Service plan. This
plan is designed to address the type of equipment to be serviced, its criticality and workload, as well as its
associated risk to provide the correct level of service for each piece of equipment and system.
x Properly scheduled and implemented, this plan will help to identify operational issues, mitigate
catastrophic repairs before they happen, and extend the life of your equipment. Our system allows us to
track repairs by unit and identify trends that could contribute to a premature failure.
x The expertise needed to properly maintain service and repair the systems installed at your site are well
within McKinstry’s technical skill set. Our company bench strength is also deep which allows us to tap
into literally over 100 years of combined experience from all HVAC disciplines.
x McKinstry is available at a moment’s notice 7 days a week, 24 hours a day. Our in-house call center will
assure the right technician is dispatched to quickly remedy any issue that may come up with your
mechanical system. These technicians are supported by strong back-office support. Your dedicated team
includes;
o A primary Service Technician who will advise and work directly with your maintenance team
o A Repair Specialist who will provide you the information you need when you need it to make
decisions that affect the performance of your building.
o An Account Manager who assures we deliver our services as promised.
o An Account Executive that will work with you to assure all contracted services remain relevant to
your current needs.
x McKinstry backs up this support program with a disciplined account management plan that incorporates
regularly scheduled Business Review Meetings to discuss; services performed to date, items that may
require additional attention, and assist in long term capital planning.
x As a complete Mechanical, Electrical, and Plumbing (MEP) Contractor, McKinstry has the resources in
place to support City of Renton for all of your system needs. Our integrated and professional team
approach will provide a single source for you to count on.
SAFE WORK PLANNING
The safety of our customers and our employees is our number one value at McKinstry. As such we incorporate
Safe Work Planning in every service, repair, or project. This disciplined approach helps us safely and
proactively plan each job before we start. Ultimately, this allows McKinstry employees to be mindful and more
efficient while reducing potential risk for the services we perform.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
x A condition-based HVAC service plan that is matched to the needs of the HVAC systems, and the spaces
they serve.
x A highly responsive service and technical partner that understands your needs as well as the HVAC
equipment that serves the facilities you support.
x Increased system reliability for consistent comfort and learning.
x Better identification and control of repair costs.
x Control of your owning and operating costs for increased budget integrity.
x A service program that is delivered safely and efficiently.
x Regularly scheduled business review meeting to assure we are delivering the services you need.
Our scope of work for City Shops includes maintenance services as described below and as recommended by the
manufacturer.
1. HVAC preventive maintenance (four times annually)
2. HVAC filter replacement service with high efficiency pleated filters (four times annually)
3. Exhaust Fans preventive maintenance (two times annually)
4. Supply Fans preventive maintenance (two times annually)
1. Electronic reports for maintenance inspections
2. Electronic reports for service calls
3. Priority scheduling and response for all McKinstry service offerings
4. 24x7 Emergency Response availability
5. 20-minute call back and 4-hours on site for emergency service calls
6. Service history tracking by Equipment ID for all equipment under contract
7. Preferred service rates for all services
x Proposal is valid for sixty (60) days
x Sales Tax is Excluded if Applicable
x Work to be performed during normal business hours
x All work is done subject to McKinstry’s standard Service Warranty.
x Above pricing is provided with the understand that neither party shall be liable to the other party for any
consequential, indirect, special, incidental, exemplary, or similar, damages or losses, including loss of
profits, arising out of or relating to this agreement, whether based in contract or tort or any other theory,
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
even if a party has been advised of the possibility of such damages. In no event shall the aggregate liability
of a party exceed the contract amount.
x A delay in obtaining an item of equipment or material shall be considered significant when the item is
delivered 30 days after the delivery date originally expected by McKinstry, reflected in the
contract/purchase order with Supplier. Customer agrees that McKinstry’s time for performance under
this [RFP/RFQ/Proposal/Contract] shall be increased to reflect the duration of the delay and that no
liquidated damages or other damages shall apply related to such delay.
x A change in price of an item of equipment or material shall be considered significant when the price of an
item increases 5 percent between the date of this [RFP/RFQ/Proposal/Contract] and the date of order of
such item. Customer agrees that the price of this [RFP/RFQ/Proposal/Contract] shall be increased by such
amount, plus markup, to McKinstry.
x Significant Changes: In the event of significant delay or price increase of any item of equipment or
material occurring between the date of this [RFP/RFQ/Proposal/Contract] and the date of installation of
such item by McKinstry, through no fault of McKinstry, the contract sum, time of performance, and
associated contract requirements shall be equitably adjusted and memorialized by change order in
accordance with the procedures of the contract documents.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Unit ID Equipment
Description
Manufactur
er
Model
Number Serial Number Location
AHU-01
Bldg B AHU - w/ Electric Heat Mitsubishi Field Verify Field Verify Bldg B
AHU-01
Bldg C AHU - w/ Electric Heat Trane Field Verify Field Verify Bldg C
AHU-02
Bldg C AHU - w/ Electric Heat Trane Field Verify Field Verify Bldg C
CU-01 Bl
dg B Condensing Unit -Condenser Air Cooled Mitsubishi PUY A18NKA
7 84U06770C Bldg B
EF-01 Bl
dg B Fans - Exhaust Dome COOK 150 ACE 033S17412 Bldg B
EF-09 Bl
dg C Fans - Exhaust Dome Twin City Field Verify Field Verify Bldg C
EF-10 Bl
dg C Fans - Exhaust Dome Twin City Field Verify Field Verify Bldg C
EF-11 Bl
dg C Fans - Exhaust Dome Twin City Field Verify Field Verify Bldg C
EF-13 Bl
dg C Fans - Exhaust Dome Twin City Field Verify Field Verify Bldg C
HP-01 Bl
dg A
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat
Trane 624102760L WSC048A4RGA24D Bldg A
HP-01 Bl
dg B
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat
York PHE4A2421 W1A9405244 Bldg B
HP-02 Bl
dg A
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat
Trane K0710507D WCD060C400BC Bldg A
HP-02 Bl
dg B
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat
York PHE4A3021 W1G8975075 Bldg B
HP-03 Bl
dg A
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat
Trane K07101504D WCD036C400BC Bldg A
HP-03 Bl
dg B
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat
Trane 4WCZ6048A
4000BA 105211931L Bldg B
HP-04 Bl
dg A
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat
Trane 53033AO2H WCC048F400BH Bldg A
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
HP-05 Bl
dg B
Air Conditioning Equipment 10 Ton and
Under - Pkg Unit HVAC Electric Heat Trane G001324 RXN12KEVJU5 Bldg A
SF-03 Fans - Supply Valley Field Verify Field Verify Bldg C
SF-04 Fans - Supply Valley Field Verify Field Verify Bldg C
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Unit ID/Description Ins/Yr PM/Yr P/Filter
AHU-01 Bldg B 4 4
AHU-01 Bldg C 4 4
AHU-02 Bldg C 4 4
CU-01 Bldg B 4
EF-01 Bldg B 2
EF-09 Bldg C 2
EF-10 Bldg C 2
EF-11 Bldg C 2
EF-13 Bldg C 2
HP-01 Bldg A 4 4
HP-01 Bldg B 4 4
HP-02 Bldg A 4 4
HP-02 Bldg B 4 4
HP-03 Bldg A 4 4
HP-03 Bldg B 4 4
HP-04 Bldg A 4 4
HP-05 Bldg B 4 4
SF-03 2
SF-04 2
* Not all tasks are applicable to all equipment
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
AHU - w/ Electric Heat
PMs:
SUPPLY FAN SECTION FILTER SECTION
x Inspect bearings
x Tension belts
x Lubricate bearings
x Record amperage
x Check VFD
x Note filter condition
x Note condition of OSA Screens
INDOOR COIL SECTION (Spring/ Summer)CHILLED WATER (Spring/Summer)
x Note cleanliness of coil
x Check for leaks
x Check condensate drain pan
x Check for leaks
x Check chilled water valve for functionality
x Check freeze stat functionality
ECONOMIZER SECTION CONTROLS
x Check damper actuator/linkage
x Check/adjust minimum position
x Check pressure relief dampers
x Exercise controls
x Check/tighten all terminations
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
RF OR EF SECTION
x Tension belts
x Lubricate bearings
x Record amperage
* Not all tasks are applicable to all equipment
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Condensing Unit - Condenser Air Cooled
PMs:
OPERATIONAL OVERVIEW FANS
x Record OSA Temp x Lubricated fan shaft bearings
UPPER TOWER LOWER
x Inspected mist eliminators
x Inspected spray bar and nozzles
x Inspected tower discharge damper/controls
x Inspected tower fill
x Inspected tower basin
x Record sump heater amperage
x Record spray pump amperage
x Drained and cleaned tower basin
CONTROLS
x Inspected starter
x Verified temperature controller calibration
x Verified wiring connection tightness
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Fans - Exhaust Dome
PMs:
FANS PUMPS
x Inspect fan blades
x Check set screws
x Tension Belts
x Lubricate bearings
x Lubricate bearings
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Air Conditioning Equipment 10 Ton and Under - Pkg Unit HVAC Electric Heat
PMs:
OPERATIONAL OVERVIEW SUPPLY FAN SECTION
x Record OSA Temp
x Record SA Temp
x Record RA Temp
x Lubricate bearings
x Record fan amperage
ECONOMIZER SECTION CONTROLS
x Check damper actuator/linkage
x Confirm enthalpy control
x Check VFD
COMPRESSOR (Spring/Summer) GAS/ELEC HEATING SECTION (Fall/Winter)
x Refrigerant Type
x Note cleanliness condition
x Record amperage
x Record suction temperature
x Record liquid temperature
x Confirm reversing valve operation
x Inspect contactors
x Inspect wiring connections
x Record electric heater amperage
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Fans - Supply
PMs:
FANS PUMPS
x Inspect fan blades
x Check set screws
x Tension Belts
x Lubricate bearings
x Lubricate bearings
* Not all tasks are applicable to all equipment
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
CONTRACTOR CUSTOMER
McKinstry Co LLC City of Renton
5005 Third Avenue South Seattle 1055 S Grady Way
WA, 98134 Renton, WA 98057
(Herein after referred to as "Contractor")(Herein after referred to as "Customer")
Service shall be provided at the following location(s
PUBLIC WORKS
3555 NE 2ND STREET
RENTON WA, 98057
In accordance with the enclosed specifications, the terms and conditions set forth in this agreement; and other
attachments which are made a part of this agreement:
Maintenance shall commence on:
At an annual Fee of: $13,708.0 per year
Which is payable: $3,427.00 per quarter
Sales Tax excluded if
applicable
Pre-Authorized Repair Limit: $1500.00
This agreement shall continue in effect for a period of one (1) year, and from year to year thereafter, except that
either party may provide written notice to the other party of an intention not to continue with thirty (30) days
written notice. Contractor agrees to provide repair service to the customers, twenty-four (24) hours per day seven
(7) days per week at the contracted rates quoted by the contractor. All repair services performed shall be billed
separate of the maintenance agreement and shall not be deemed a part of the preventive maintenance program. It
is further agreed that the customer shall be billed for all components and materials required to successfully complete
such repairs. McKinstry Co. will increase this maintenance agreement each year at a renewal based on the annual
Consumer Price Index (CPI) or Union Labor Contract increases, whichever is greater. CPI Index will be calculated by
using annual rate for the prior calendar year rounded to the nearest whole number. Union Labor increases will be
based on a percentage of the total salary package increase rounded to the nearest whole number.
This Agreement is Accepted by:
MCKINSTRY CO LLC CITY OF RENTON
Signature/Date (Authorized Representative)Signature/Date (Authorized Representative)
Name Name
Title Title
Exhibit A
February 1, 2026
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
CUSTOMER OBLIGATIONS
The customer shall be responsible for and agrees to: a) properly operate the equipment in accordance with the
applicable recommended procedures and operating manuals; b) insure that qualified personnel are provided for
such operation; c) promptly report unusual equipment operating conditions or operations; d)furnish to McKinstry
clean and secure access to all equipment to be serviced; and e) provide professional cooling tower water treatment
as needed.
EXISITING EQUIPMENT
All work within the Scope of Coverage assumes that the systems covered to be in maintainable condition. If repairs
are found necessary upon initial inspection or initial seasonable start -up, unless otherwise agreed to in writing, repair
charges will be submitted for approval. McKinstry shall not be liable for failure to discover conditions necessitating
further repair or replacements nor shall any inspections be construed as an approval or guarantee of the system or
equipment. For necessary repairs that are not approved, the non-maintainable items will be suspended from the
Scope of Coverage. McKinstry reserves the right to charge an inspection fee if the repairs are not authorized.
Any work not specifically included in the repair submittal is specifically excluded. McKinstry will not be required to
make safety test or install new attachments, additional controls, or equipment directed by insurance companies or
other authority that are outside of the proposed repair. Those would be additional services if required and must be
agreed to in writing.
SERVICE AVAILABILITY
Unless otherwise agreed to, McKinstry agrees to provide service availability during normal business hours, i.e., 7:00
AM to 4:30 PM, Monday through Friday, holidays excepted, and service at other than normal business hours, if
contracted for, at the hourly rate and terms, including vehicle charges or special assessments, then in effect
McKinstry.
If any emergency service call is made at Customer’s request and inspection does not reveal any defect for which
McKinstry is responsible, Customer will be liable for regular charges prevailing for such service. Customer
acknowledges that there is a minimu m charge of one (1) hour.
McKinstry shall have full and free access to the equipment to provide service. If persons other than representatives
of McKinstry perform maintenance or repair of a unit of equipment, and as a result further repair by McKinstry is
required, such repairs will be made at McKinstry’s applicable time and material rates and terms then in effect.
EXCLUSIONS
Maintenance Service does not include: (a) water supply and drain beyond the subject equipment; (b) equipment
housing, casing or enclosure; (c) electrical service beyond the equipment disconnect switch, or service requirements
due to power failure; (d) damage caused by freezing; (e) work required by government codes, building and union
regulations; (f) repair of damage or increase in service time resulting from accident, transportation, relocation,
neglect, misuse, or other than ordinary use; (g) repair to equipment located in an unsuitable place of installation or
an unsafe or hazardous environment; (h) emergency calls resulting from system design problems; (i) non -moving or
non-maintainable parts, heat exchangers (all styles), coils, ductwork, and boiler vessels.Plumbing services and
energy management and emergency calls resulting from energy management activities will only be included if
specifically noted and agreed to within the Scope of Services.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
HAZARDOUS MATERIALS
Customer acknowledges that McKinstry’s obligation under this service agreement and any subsequent contract does
not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances,
hazardous wastes or hazardous materials, or any fungus(es) or spore(s); substance, vapor or gas produced by or
arising out of any fungus(es) or spore(s); or any material, product, building component or structure that contains,
harbors, nurtures or acts as a medium for any fungus(es) or spore(s). In the event such substances, wastes and
materials are encountered, McKinstry’s sole obligation will be to notify the Customer of their existence. McKinstry
shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant
hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension
and the contract price equitably adjusted.
DISPOSAL
Customer agrees to allow disposal of all replaced filters on site. If filter disposal is not allowed on premises, customer
agrees to reimburse McKinstry for labor to transport and dispose of filters off site.
WARRANTY
McKinstry warrants that the work will be performed in a good and workmanlike manner consistent with applicable
industry standards. This warranty will be in effect for a period of thirty (30) days from the completion of any
Services. Repair work, excluding clearing stoppage, guaranteed for one (1) year.Any warranty of goods or materials
shall only be that of the manufacturer. Charges for labor will be made for replacement of manufacturer’s materials
if deemed defective due to poor workmanship by manufact urer.McKinstry makes no other warranties expressed
or implied and its technicians are NOT authorized to make such warranties.
Any warranties provided will not apply to (i) any deliverable that is modified by Customer or its employees or agents
(other than a modification authorized or approved by McKinstry), (ii) any deliverable that is damaged after
acceptance by Customer by any cause other than a failure that results from a breach of warranty by McKinstry, (iii)
any Deliverable that is damaged after acceptance by Customer, (iv) any deliverable that is damaged after acceptance
by Customer by abuse, misuse, operation other than in accordance with applicable documentation or through
Customer’s failure to perform routine or required maintenance, or (v) any failure of a Deliverable to be compatible
with any other systems or operating environment unless such compatibility was set forth as an applicable
requirement in the applicable SOW.
Customer’s sole and exclusive remedy and McKinstry’s entire liability for any cause of action will be to promptly re-
perform any Services at McKinstry’s expense or refund to Customer the fees incurred by McKinstry for that
Statement of Work that gave rise to the liability.
Except as expressly set forth above, McKinstry is providing the Services and the Deliverables “as is” and “with all
faults” and without any warranties or representations. McKinstry hereby disclaims all implied warranties, including
any warranty of fitness for a particular purpose, any warranty of merchantability and any warranty of non-
infringement.
PRICING
The pricing included is provided with the understanding that neither party shall be liable to the other party for any
consequential, indirect, special, incidental, exemplary, or similar damages or losses, including loss of profits, arising
out of or relating to this agreement, whether based in contract, tort, or any other theory, even if a party has been
advised of the possibility of such damages and that the aggregate liability of either party shall not exceed the price
of the work.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
TERMS AND CONDITIONS
PERFORMANCE OF WORK. McKinstry shall perform the scope of work (“Work”) specified herein. McKinstry shall
furnish all services necessary to perform the Work and perform the Work to completion diligently, expeditiously and
with adequate forces. Customer shall use its best efforts to provide all information, materials, documents, and
assistance that is reasonably required for McKinstry to perform any and all aspects of the Work.
CHARGES AND TERMS. Maintenance contract charges will be invoiced in advance, except for any time and material
accounts and any extra work which will be invoiced.
PAYMENTS. Customer shall pay McKinstry the compensation specified herein (“Price”) for the value of Work that
McKinstry has completed, as the Work is completed. Customer shall pay McKinstry within thirty (30) days of receiving
an invoice. McKinstry will be entitled to interest at the maximum rate allowed by law on all sums overdue and unpaid
from the date due. If payment is not made for invoiced work or for any other breach of this Agreement, McKinstry
may pursue any legal remedies it may have and may suspend or terminate the service agreement.
TERM. Unless otherwise agreed to, after the initial term, this agreement shall remain in effect from year to year or
until canceled by either party on 30 days written notice. Maintenance agreements will be renewed each year at an
increase based on the annual Consumer Price Index (CPI) or Union Labor Contract increases, whichever is greater.
CPI Index will be calculated by using the annual rate for the prior calendar year rounded to the nearest whole
number, Union Labor increases will be based on percentage of total salary package increase rounded to the nearest
whole number. McKinstry reserves the right to adjust the price on a yearly basis due to changes in the labor or
material rates.
DISPUTES. In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute
remains unresolved more than thirty (30) calendar days after the commencement of negotiation, then the Parties
shall pursue mediation. If any dispute remains unresolved more than sixty (60) calendar days after the
commencement of mediation, then either Party may commence binding arbitration. No litigation will be
commenced by either Party unless all of the foregoing steps have been pursued to completion.
CHOICE OF LAW, VENUE. The validity, interpretation, and performance of this agreement shall be governed by the
laws of the state in which the Work is performed. The venue for resolving any dispute shall be the county in which
the Work is performed.
FORCE MAJEURE. Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that
the Party’s performance is prevented by an event or events that are beyond the control of such party, including but
not limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution, insurrection, riot, strike, nuclear
contamination, and/or acts or threats of terrorism.
NO WAIVER. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure,
right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver.
INTELLECTUAL PROPERTY. Intellectual property provided by McKinstry to Customer as part of the Work are
instruments of service owned by McKinstry and are not “work made for hire” as such term is defined under U.S.
copyright law. When the Work is performed to completion, McKinstry grants to Customer a limited license to use
the Intellectual Property to operate, maintain, renovate, and manage the subject matter of the Work.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
TERMS AND CONDITIONS CONTINUED
INDEMNIFICATION. Each party shall indemnify and hold harmless the other party from and against all third party
claims, damages, losses and expenses for bodily injury, sickness, disease, or death or destruction of tangible property
but only to the extent directly caused by the negligent acts or omissions of the indemnitor.
DAMAGES LIMITATION. Neither party shall be liable for any consequential, indirect, special, incidental, exemplary,
or similar, damages or losses, including loss of profits, whether based in contract or tort or any other theory, even if
a party has been advised of the possibility of such damages. Furthermore, the total aggregate liability of either party,
under any theory, is limited to the amount of fees paid or payable by the Customer to McKinstry for the Services
giving rise to the cause of action within the calendar year.
SEVERABILITY, SURVIVAL. If any portion of this agreement shall be held invalid in whole or in part under any law,
rule, regulation, or order, then such portion shall remain in effect only to the extent permitted, and the remaining
portions of the agreement shall remain in full force and effect. Any invalid portions shall be substituted with an
interpretation that most accurately reflects the Parties’ intentions.
RESTRICTIONS ON HIRING. If Customer hires or retains as an independent contractor any present or former
employee of McKinstry. within 180 days subsequent to termination of this Agreement, Customer agrees to pay
McKinstry the sum equal to 6 months service charge, as a reasonable reimbursement to McKinstry for its expenses
in training and familiarizing the present or former employee with Customer’s system.
AMENDMENT. This agreement may not be amended except pursuant to a written amendment signed by an
authorized signer of each Party.
COMPLETE AGREEMENT. This agreement, including the exhibits attached hereto, is a fully integrated agreement.
Any legal terms and conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict
or are inconsistent with the terms and conditions contained in the foregoing list. All previous agreements between
McKinstry and Customer as to the Work are superseded by this agreement.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
SERVICE WARRANTY
OUR WARRANTY TO THE CUSTOMER: McKinstry warrants to use the industry standard knowledge, efforts, skill, and
judgement generally applicable within the area to perform the work specified in the Scope of Work and/or Scope of
Coverage in accordance with any schedule and task list of the Service Agreement as applicable. This warranty will
be in effect for a period of thirty (30) days from the completion of any service or one (1) year from the substantive
completion of any repair or project. McKinstry will carry out these obligations with reasonable promptness in a
workmanlike manner and strives to assure reliable equipment operation consistent with the capabilities of the
equipment itself. Any warranty of goods or materials, including consumable products, shall only be that of the
manufacturer, if any. Except as expressly set forth above, McKinstry is providing the services and deliverables “as
is” and “with all faults” and without any warranties or representations. McKinstry hereby disclaims all implied
warranties, including any warranty of fitness for a particular purpose, any warranty of merchantability and any
warranty of non-infringement.
ISSUES NOT COVERED BY THIS WARRANTY: This warranty shall not apply to equipment which (a) have been opened,
disassembled, repaired, or altered by anyone other than McKinstry or its authorized representatives; or (b) have
been subjected to misuse, negligence, accidents, damage, or abnormal use or service; or (c) have been operated,
installed, or started up in a manner contrary to the manufacturer’s instructions, or (d) have been exposed to
contaminates, or corrosive agents, chemicals, or minerals, or (e) have not been fully paid for by Owner. This
warranty shall not apply to consumable and/or expendable items, including filters, refrigerants, fluids, and/or
lubricants.
LIMITS OF LIABILITY: In no case shall McKinstry, its directors, officers, employees, affiliates, agents, contractors, or
licensors be liable for any indirect, incidental, punitive, special, or consequential damages arising from the use of
McKinstry’s Service or for any other claim related in any way to McKinstry’s work, even if advised of their
possibility. Customer’s sole and exclusive remedy and McKinstry’s entire liability for any cause of action will be for
McKinstry to promptly re-perform any services at McKinstry’s expense or refund to Customer the fees incurred by
McKinstry for that Statement of Work that gave rise to the liability. McKinstry makes no other warranties expressed
or implied and its technicians are NOT authorized to make such warranties.
HOW TO OBTAIN SERVICE UNDER THIS WARRANTY: To obtain services under this warranty, the Customer must file
a claim with their assigned McKinstry Account Executive, Account Manager, or Project Manager within 30 days of
discovery of the defect.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
OBTAINING SERVICE
McKinstry is staffed to respond to your service requests 24-hours a day, 365 days per year. Our goal is to
meet and exceed your expectations in everything we do.
To assure the quickest and best response from our Service Team, please direct all service requests and
service technician scheduling issues to our Dispatch Team or Account Manager.
McKinstry Service has a large fleet of vehicles with licensed, union trained technicians available to respond
to your needs. Each on-call technician is permanently assigned with the needed technology and smart-
phone to enable quick response to emergency situations.
REGULAR SERVICE CALLS:206.762.3311 or 206.762.5900 the switchboard will direct your call
(Normal working hours are Monday - Friday, 7:00 AM - 4:30 PM).
EMERGENCY SERVICE AFTER-HOURS:206.762.3311 or 206.762.5900
(You will be connected to our after-hours operator.)
The appropriate technician will be notified, and your call will be returned within 20 minutes.
For non-emergency or next business day service messages please email:dispatch1@mckinstry.com
Your e-mail will be returned the next normal business morning.
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
UA STAR CERTIFIED TECHNICIANS
McKinstry It’s your guarantee that you’re getting the best-trained heating, cooling, plumbing & fitting service
technicians available in the industry. The United Association S.T.A.R. Certification means these technicians have
completed a stringent 5-year training program and have passed the UA S.T.A.R. Certification exam, giving them
service journeyman status and over 30 hours of college credit toward an Associate’s Degree in HVACR or
Construction Supervision. The UA S.T.A.R. Program was developed jointly by the UA and Ferris State University,
one of the most highly acclaimed providers of education programs in the mechanical industry. Technicians are
tested by an independent testing corporation NITC.
Tested for expertise in:
Mechanical Systems Steam Systems Safety
Electrical Systems Plumbing Mathematics
Controls Ventilation Customer Service
Air Conditioning Piping Refrigeration
Heating Lifting Equipment
These technicians work more efficiency, work safer and work smarter. Your job gets completed on time and you
save money because the work is done efficiently. And you have the peace of mind of knowing it’s done right!
"!#
City of Renton
Service Plan Recommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
x Treat each other like family
x Ensure every person goes home unharmed
x Respect and encourage all perspectives
x Always ask, “what’s possible?”
x Think boldly to create solutions
x Embrace new ideas
x Listen to understand
x Stand by the work
x Be fiscally responsible
x Better the lives of others for stronger communities
x Advocate for the next generation
"!#