HomeMy WebLinkAboutContractSMALL WORKS CONTRACT AGREEMENT
UsingState MasterContract #02919
CAG-24-246
THIS AGREEMENT (“Agreement”) is made as of the day of August, 2024 (the “Effective Date”)
by and between the City of Renton, a Washington State municipal corporation (“City”), through
its Public Works Facilities Division and McKinstry Co LLC, (“Contractor”), who are collectively
referred to as the “Parties”, to Provide on-call HVAC Preventative Maintenance and Non-
Scheduled Service & Repairs for Senior Center (211 Burnett AvenueN., Renton, WA 98057).
WHEREAS,theCityhasenteredintotheStateMasterContractsUsageAgreement(MCUA)
#02919 authorizing the use of State Contracts; and,
WHEREAS, through competitive bid process Washington State Department of Enterprise
Services (DES) awarded Contract #02919 that provides for HVAC Services - preventative
maintenance and non-scheduled services & repairs. This contract is only for routine
preventative maintenance and repairs to restore an HVAC system to an already Public
Works approved state. This contract is not for upgrades, overhauls, improvements to
existing systems, or new system installations.
WHEREAS, Contractor is a listed and participating Contractor for Contract #02919;
Attachment A.
The City and Contractor agree as set forth below:
1. Scope of Work:Contractor will provide all material and labor necessary to perform all
work described in the Scope of Work which is attached and fully incorporated into this
Agreement by reference as Attachment “B.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Scope of Work 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 or Amendment signed by the
Parties.
3. Timeof Performance: ContractorshallcommenceperformanceoftheAgreementnolater
than 30 calendar days after the Agreement’s Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Work, no later than 365 days from the Effective Date. This Agreement may be extended
CAG-24-246
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to accomplish change orders, if required,upon mutual written agreement of The City and
Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of $10,685.86 which
includes Washington State Sales Tax (10.3%). This amount may be adjusted to a mutually
agreed amount based on changes to the Scope of Work.
6. Consideration: Inexchangefor Contractor’sperformanceofthe itemsand responsibilities
identified in the Scope of Work, the city agreestomake payment of the amount identified
as the Agreement Sum.
7. Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will onlybe
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
beginningof the project and an Affidavit of Wages Paid at the end of the project
with the Washington State Department of Labor and Industries.
The State of Washington prevailingwage 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 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. For Agreements over $150,000:
Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld
and that the Contractor will provide a Performance and Payment (Contract) Bond
ontheCityapprovedformuponexecutionoftheAgreement.Paymentoftheinitial
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95%willbemadeinthenextpaycycleoftheCityFinanceDepartmentafterreceipt
of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be
retained for the purpose of completion of the project and fulfillment of claims and
liens.
C. For Agreements under $150,000
Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld
and that the Contractor will provide a either a Performance and Payment
(Contract) Bond on the City approved form upon execution of the Agreement or
waive the payment and performance bond and instead the City will retain 10%.
Payment of the initial 95% will be made in the next pay cycle of the City Finance
Departmentafterreceiptofsuchvoucherorinvoice(paycyclesarebi-weekly). The
remaining 5% will be retained for the purpose of completion of the project and
fulfillment of claims and liens. (Unless the contractor waives the payment and
performance bond below and opts for a 10% retainage below.)
Contractor must pick one – if contractor does not pick one then 5% with contract
bond is required:
To provide a payment and performancebond (contract bond) in the
amount of 100% of the estimate including taxes with a 5% retainage,
or
To waive a payment and performance bond (contract bond) and instead
the city will retain the remaining 10% will be retained for the purpose of
completion of the project and fulfillment of claims and liens.
D. For limited Public Works Contracts under $49,500
For limited public works projects, the City chooses to waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage
requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors,
material persons, suppliers, and taxes imposed under Title 82 RCW that may be
due from the contractor for the limited public works project, however the City
shall have the right of recovery against the contractor for any paymentsmade on
the contractor's behalf.
E. The 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.
F. 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.
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G. 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 anyfurther amounts
due under this Contract until the work specified in the Scope of Work is
satisfactorilycompleted,asscheduled,uptothedateoftermination. At suchtime,
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.
H.CONTRACTOR INVOICE.Contractor shall submit to Purchaser's designated
invoicing contact properly itemized invoices. Such invoices shall itemize the
following:
(1) Master Contract No. 02919
(2) Contractorname,address,telephonenumber,andemailaddressforbilling
issues (i.e., Contractor Customer Service Representative)
(3) Contractor's Federal TaxIdentification Number
(4) Invoice amount
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless the City, itselected
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 expensesand litigation costs, arisingfrom injuryordeathto 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 the 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 to real
estate…) 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
contractor and the City, its officers, officials, employees and volunteers, Contractor’s
liability shall be only to the extent of Contractor’s negligence.
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It is further specifically and expresslyunderstoodthat the indemnification provided in this
Agreement constitute Contractor’swaiver of immunityunderthe Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have 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
each occurrence/$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 to
the City 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. It is agreed that on Contractor’s commercial general liability policy, the City of
Renton will be named as an Additional Insured on a non-contributory primary
basis. The City’s insurance policies shall not be a source for payment of any
Contractor liability.
E. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before executing the work of
this Agreement.
F. Contractor shall provide the 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
with regard to the Work performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and
retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, 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
Work or any other benefits under this Agreement, or procurement of materials or
supplies.
PAGE 6 OF 9
B. The Contractor will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or
mental 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, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. Contractor is responsible to be aware 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 of
any of Contractor’s Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of the City and as a result, shall
not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation
to the City shall be at all times as an independent contractor. Any and all Workman’s
Compensation Act claimson behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor’s employees, while engaged in Work provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
12. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement. The Contractor agrees to provide access to and copiesof
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).
13. Public Records Compliance.To the full extent the City determines necessary to comply
with the Washington State Public RecordsAct, Contractor shall make a due diligent search
ofallrecordsinitspossession,including,butnotlimitedto, 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. Contractor shall
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
PAGE 7 OF 9
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.
14. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf
of the City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City or
Contractor. Any notices required to be given by the Parties shall be delivered at
the addresses set forth below. Any notices may be delivered personally to the
addressee of the notice or 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 received three (3) calendar days after the date of mailing.
This Agreement shall be administered by and any notices should be sent to the
undersigned individuals or their designees.
CITY OF RENTON
Edward Grube
CapitalProjectsCoordinator
1055 South Grady Way
Renton, WA 98057
Phone: (206) 475-0662
egrube@rentonwa.gov
CONTRACTOR
Zach Mclnelly
BusinessDevelopmentDirector- Service
Seattle, WA 98124
Phone: (206) 832-8198
ZackMc@McKinstry.com
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.Compliance with Laws. Contractor and all of the Contractor’s employees shall
perform the Work in accordance with all applicable federal, state, county and city
laws, codes and 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.
PAGE 8 OF 9
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
prepared by 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.JurisdictionandVenue. Anylawsuitorlegalactionbroughtbyanypartytoenforce
or interpretthisAgreementoranyofitstermsorcovenantsshallbebroughtinthe
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.
Contractor hereby expressly consents to the personal and exclusive jurisdiction
and venue of such court even if Contractor is a foreign corporation not registered
with the State of Washington.
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
construedto give anyrightsor benefitsin the Agreement to anyone otherthan the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L.Waivers. All waivers shall be in writing and signed by the waiving party. Either
party’sfailure to enforce any provision of thisAgreement shall not be a waiver and
shallnotprevent eitherThe Cityor Contractorfrom enforcingthatprovision orany
other provision of this Agreement in the future. Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
PAGE 9 OF 9
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date above.
CITY OF RENTON CONTRACTOR
MartinPastucha,PublicWorks
Administrator
1055 South Grady Way
Renton,Washington98057
Zack Mclnelly
BusinessDevelopmentDirector-
Service
Date
Approved as to Legal Form
_ Date
Shane Moloney
Renton CityAttorney
Non-standard(2265) CLB 11-17-22
8-6-24
Approved by Cheryl Beyer via email 8/14/2024
Attachment A
MASTER CONTRACT
No. 02919
HVAC SERVICES
For Use by Eligible Purchasers
By and Between
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
and
MCKINSTRY Co., LLC
Dated October 1, 2019
1
MASTER CONTRACT
No. 02919
HVAC SERVICES
This Master Contract ("Master Contract") is made and entered into by and between the State of
Washington acting by and through the Department of Enterprise Services, a Washington State
governmental agency ("Enterprise Services") and McKinstry Co., LLC, a Washington Limited Liability
Company ("Contractor") and is dated as of October 1, 2019.
RECITALS
A. Pursuant to Legislative direction codified in RCW chapter 39.26, Enterprise Services, on behalf of the
State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or
services for general use by Washington state agencies and certain other entities (eligible purchasers).
B. On behalf of the State of Washington, Enterprise Services, as part of a competitive governmental
procurement, issued Competitive Solicitation No. 02919 dated July 8, 2019 regarding HVAC Services.
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor
as an/the apparent successful bidder.
D. Enterprise Services has determined that entering into this Master Contract will meet the identified
needs and be in the best interest of the State of Washington.
E. The purpose of this Master Contract is to enable eligible purchasers to purchase the services as set
forth herein.
AGREEMENT
Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the
parties hereto hereby agree as follows:
1. TERM. The initial term of this Master Contract is twenty-four (24) months, commencing October 1,
2019 and ending September 9, 2021. Maximum contract term is seventy-two (72) months through
extensions to be executed at Enterprise Services' option.
2. ELIGIBLE PURCHASERS. This Master Contract may be utilized by any of the following types of entities
("Purchaser"):
2.1. WASHINGTON STATE AGENCIES. This Master Contract may be utilized by:
• Washington state agencies, departments, offices, divisions, boards, and commission; and
• Any the following institutions of higher education: state universities, regional
universities, state college, community colleges, and technical colleges.
2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION. Any of the following specific institutions o(
higher education in Washington:
MASTER CONTRACT NO.02919- HVAC SERVICES
(Rev, 4-24-2017)
2
• State universities - i.e., University of Washington & Washington State University;
• Regional universities- i.e., Central Washington University, Eastern Washington University
& Western Washington University;
•Evergreen State College;
•Community colleges; and
•Technical colleges.
2.3. MCUA PARTIES. This Master Contract also may be utilized by any of the following types of entities
that have executed a Master Contract Usage Agreement with Enterprise Services:
• Political subdivisions (e.g., counties, cities, school districts, public utility districts);
•Federalgovernmental agencies or entities;
• Public-benefit nonprofit corporations (i.e.,§ 501(c)(3) nonprofit corporations that receive
federal, state, or local funding); and
• Federally-recognized Indian Tribes located in the State of Washington.
3.SCOPE - INCLUDED GOODS/SERVICES AND PRICE,
3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell only those
services set forth in Exhibit A-Included HVAC Services for the prices set forth in Exhibit 8-Prices
for HVAC Services. Contractor shall not represent to any Purchaser under this Master Contract
that Contractor has contractual authority to sell any services beyond those set forth in Exhibit A
- Included HVAC Services.
3.2. STATE'S ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the
parties, Enterprise Services reserves the right to modify the services included in this Master
Contract; Provided, however, that any such modification shall be effective only upon thirty (30)
days advance written notice; and Provided further, that any such modification must be within the
scope of this Master Contract.
3.3.PRICE ADJUSTMENTS. Contractor's percentage over prevailing wage as set forth in Exhibit B -Prices
for HVAC Services will not be adjusted. However, the applicable prices shall be adjusted semi-
annually based on published Washington State Department of Labor and Industries' prevailing
wage rates.
3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of this
Master Contract, Contractor guarantees to provide the Services at no greater than the prices set
forth in Exhibit B - Prices for HVAC Services.
3.5. PREVAILING WAGE COMPLIANCE. This Master Contract is subject to Washington's Prevailing Wage on
Public Works Act (RCW 39.12). Accordingly, for work pursuant to this Contract, Contractor unless
exempt, shall pay all workers employed in the performance of any part of the work in accordance
with RCW 39.12 and the rules promulgated by the Washington State Department of Labor and
Industries.
3.6. TRAVEL. Contractor may charge travel costs if approved by Purchaser in the purchase order. Travel
costs may only be charged after one hour of travel has passed and must be at or below the
MASTER CONTRACT No. 02919 - HVAC SERVICES
{Rev. 4-24-2017)
3
Contractor's hourly rate set forth in Exhibit B - Prices for HVAC Services. The maximum amount
Contractor may charge for one-way travel is $400.
3.7. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information
regarding this Master Contract, including scope and pricing, to eligible Purchasers.
4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following
representations and warranties as of the effective date of this Master Contract and at the time any
order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot
make such representations and warranties, Contractor shall not process any orders and shall, within
three (3) business days notify Enterprise Services, in writing, of such breach.
4.1.QUALIFIED TO DO BUSINESS. Contractor represents and warrants that it is in good standing and
qualified to do business in the State of Washington, that it possesses and shall keep current all
required licenses and/or approvals, and that it is current, in full compliance, and has paid all
applicable taxes owed to the State of Washington.
4.2.EXECUTIVE ORDER 18-03 WORKERS' RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor
represents and warrants, as previously certified in Contractor's bid submission, that Contractor
does NOT require its employees, as a condition of employment, to sign or agree to mandatory
individual arbitration clauses or class or collective action waivers. Contractor further represents
and warrants that, during the term of this Master Contract, Contractor shall not, as a condition
of employment, require its employees to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers.
4.3.SUSPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals or
affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in any governmental contract by any governmental
department or agency within the United States.
4.4. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Master
Contract and the three (3) year period immediately preceding the award of the Master Contract,
it is not determined, by a final and binding citation and notice of assessment issued by the
Washington Department of Labor and Industries or through a civil judgment entered by a court
of limited or general jurisdiction, to be in willful violation of any provision of Washington state
wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.
4.5. AUTHORIZED DEALER. Contractor represents and warrants that it is an authorized service provider
and/or product reseller for the services and that it shall maintain its authorized service provider
and/or product reseller status for the Term of this Master Contract. Upon request by Enterprise
Services, Contractor shall provide evidence of its status as an authorized service provider.
4.6. PAY EQUALITY. Contractor represents and warrants that, as required by Washington state law
(Laws of 2017, Chap. 1,§ 147), during the term of this Master Contract, it agrees to equality
among its workers by ensuring similarly employed individuals are compensated as equals. For
purposes of this provision, employees are similarly employed if the individuals work for the same
employer, the performance of the job requires comparable skill, effort, and responsibility, and
the jobs are performed under similar working conditions. Job titles alone are not determinative
of whether employees are similarly employed. Contractor may allow differentials in
MASTER CONTRACT No. 02919 - HVAC SERVICES
(Rev.4-24-2017)
4
compensation for its workers based in good faith on any of the following: a seniority system; a
merit system; a system that measures earnings by quantity or quality of production; a bona fide
job-related factor or factors; or a bona fide regional difference in compensation levels. A bona
fide job-related factor or factors may include, but not be limited to, education, training, or
experience, that is: consistent with business necessity; not based on or derived from a gender-
based differential; and accounts for the entire differential. A bona fide regional difference in
compensation level must be consistent with business necessity; not based on or derived from a
gender-based differential; and account for the entire differential. Notwithstanding any provision
to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory
evidence of compliance within thirty (30) days, Enterprise Services may suspend or terminate
this Master Contract and any Purchaser hereunder similarly may suspend or terminate its use of
the Master Contract and/or any agreement entered into pursuant to the Master Contract.
4.7. • QUALITY OF SERVICES. Contractor represents and warrants that any services sold pursuant to this
Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser's
Purchase Order, shall be fit and safe for the intended purposes, and shall be produced and
delivered in full compliance with applicable law. The rights and remedies of the parties under
this warranty are in addition to any other rights and remedies of the parties provided by law or
equity, including, without limitation, actual damages, and, as applicable and awarded under the
law, to a prevailing party, reasonable attorneys' fees and costs.
4.8. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that it complies
fully with all applicable procurement ethics restrictions including, but not limited to, restrictions
against Contractor providing gifts or anything of economic value, directly or indirectly, to
Purchasers' employees.
4.9. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is
registered in Washington's Electronic Business Solution (WEBS), Washington's contract
registration system and that, all of its information therein is current and accurate and that
throughout the term of this Master Contract, Contractor shall maintain an accurate profile in
WEBS.
4.10. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Statewide
Payee Desk, which registration is a condition to payment.
4.11.MASTER CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants
that it shall use commercially reasonable efforts both to promote and market the use of this
Master Contract with eligible Purchasers and to ensure that those entities that utilize this Master
Contract are eligible Purchasers. Contractor understands and acknowledges that neither
Enterprise Services nor Purchasers are endorsing Contractor's services or suggesting that such
services are the best or only solution to their needs. Accordingly, Contractor represents and
warrants that it shall make no reference to Enterprise Services, any Purchaser, or the State of
Washington in any promotional material without the prior written consent of Enterprise Services.
4.12. MASTER CONTRACT TRANSITION. Contractor represents and warrants that, in. the event this Master
Contract or a similar contract, is transitioned to another contractor (e.g., Master Contract
expiration or termination), Contractor shall use commercially reasonable efforts to assist
Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to another
contractor to minimize disruption of service and/or costs to the State of Washington.
MASTER CONTRACT No. 02919- HVAC SERVICES
{Rev. 4-24-2017)
5
5.CONTRACTOR RESPONSIBILITIES.
5.1. SERVICE AND MAINTENANCE SUPPORT. All HVAC services to be performed pursuant to the Master
Contract shall be performed by manufacturer certified technicians properly trained and/or
authorized to perform such services in a professional manner in accordance with industry
standard best practices. Contractor shall obtain and pass through to Purchaser all warranties
available from the Original Equipment Manufacturer (OEM). The premises shall be left in a
neat, clean, and undamaged condition. Purchaser reserves the right to require Contractor to
repair any damage caused during maintenance services or provide full compensation as
determined by the Purchaser.
5.2.ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or
subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, or other
security requirements. Contractor shall ensure, at its own expense, that any individuals,
employees and/or subcontractors providing services are authorized annually, to work on the
Purchaser's premises. Authorization requirements might include, but not be limited to 1) a
criminal background check with results that do not include records of any crimes or negative
actions, and 2) fingerprinting. If applicable, Contractor will be required to maintain
documentation of criminal background checks, and fingerprinting on all employees and/or
subcontractors.
5.3. RESPONSE TIME. Contractor agrees to respond to Purchaser's notification of non-scheduled repair
via telephone or email within thirty (30) minutes to determine the appropriate technician
response time. For emergency repairs needed to correct defects which might cause danger to
tenants or damage to the buildings or tenant's property, Contractor's qualified service technician
shall make a reasonable effort to be on-site within two (2) hours, or as otherwise mutually agreed
to between Purchaser and Contractor.
6. PREVAILING WAGE.
6.1. PREVAILING WAGE COMPLIANCE. This Master Contract is subject to Washington's Prevailing Wage on
Public Works Act (RCW 39.12). Accordingly, for work pursuant to this Contract, Contractor unless
exempt, shall pay all workers employed in the performance of any part of the work in accordance
with RCW 39.12 and the rules promulgated by the Washington State Department of Labor and
Industries.
6.2. WAGE RATES. Contractor, or any other person doing any portion of the work covered by this
Contract, shall not pay any laborer, worker, or mechanic less than the applicable and most
current prevailing hourly wage rates and fringe benefits for said worker's classification to all
laborers workers or mechanics who perform any work pursuant to any resulting contract, in
conformance with the scope or work description of the Industrial Statistician of the Washington
State Department of Labor and Industries. Contractor shall have sole responsibility to ascertain
the applicable prevailing rate of wage for such classification, as set forth by the State' of
Washington for the County in which the work is performed. The applicable prevailing wage rates
are set forth on the website for the Washington State Department of Labor and Industries.
Prevailing wage rates are updated twice a year, on the first business day in February and August,
and take effect thirty (30) days after publication.
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(Rev. 4-24-2017)
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6.3. STATEMENT OF INTENT TO PAY PREVAILING WAGES. Before commencing any work under this Contract,
Contractor (and all subcontractors) shall file with the Washington State Department of Labor and
Industries, for approval, a statement, under oath, certifying its Intent to Pay Prevailing Wages.
Contractor also shall provide a copy of the Intent to Pay Prevailing Wages to Enterprise Services.
6.4.INVOICES & CONTRACT PAYMENTS. Contractor understands and agrees that each invoice for payment
submitted to Enterprise Services shall state that prevailing wages have been paid in accordance
with the pre-filed Statement(s) of Intent, as approved. Copies of the Intent to Pay Prevailing
Wages shall be posted on the work site with the address and telephone number of the Industrial
Statistician of the Washington State Department of Labor and Industries where a complaint or
inquiry regarding prevailing wages may be made.
6.5. AFFIDAVIT OF WAGES PAID. Upon completion of the work under this Contract, Contractor (and each
subcontractor) shall file with the Washington State Department of Labor and Industries the
approved Affidavit of Wages Paid. Enterprise Services shall condition final payment to Contractor
on the submittal of such Affidavit of Wages Paid.
6.6. LABOR & INDUSTRIES FEES. Contractor shall pay to the Washington State Department of Labor and
Industries any applicable fees for the Statement of Intent and/or Affidavit of Wages Paid that are
to be submitted to the Washington State Department of Labor and Industries for certification.
6.7. PAYROLL RECORDS. Contractor shall retain payroll records pertaining to work performed for this
Contract for three (3) years following expiration or termination of this Contract and, upon
request, provide certified copies of such payroll records to Enterprise Services.
7. USING THE MASTER CONTRACT- PURCHASES.
7.1.ORDERING REQUIREMENTS. Eligible Purchasers shall order services from this Master Contract,
consistent with the terms hereof and by using any ordering mechanism agreeable both to
Contractor and Purchaser but, at a minimum, including the use of a purchase order. When
practicable, Contractor and Purchaser also shall use telephone orders, email orders, web-based
orders, and similar procurement methods (collectively "Purchaser Order''). All order documents
must reference the Master Contract number.
7.2.DELIVERY REQUIREMENTS. Contractor must ensure that delivery of goods for the applicable services
will be made as required by this Master Contract, the Purchase Order used by Purchasers'. or as
otherwise mutually agreed in writing between the Purchaser and Contractor. The following apply
to all deliveries:
(a) Contractor shall make all deliveries to the applicable delivery location specified in the
Purchase Order. Such delivers shall occur during Purchaser's normal work hours and
within the time period mutually agreed in writing between Purchaser and Contractor
at the time of order placement.
(b) Contractor shall ship all goods needed for the services purchased pursuant to this
Master Contract, freight charges prepaid by Contractor, FOB Purchaser's specified
destination with all transportation and handling charges included. Contractor shall
bear all risk of loss, damage, or destruction of the goods ordered hereunder that
occurs prior to delivery, except loss or damage attributable to Purchaser's fault or
negligence.
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(c) All packing lists, packages, instruction manuals, correspondence, shipping notices,
shipping containers, and other written materials associated with this Master Contract
shall be identified by the Master Contract number set forth on the cover of this
Master Contract and the applicable Purchaser's Purchase Order number. Packing lists
shall be enclosed with each shipment and clearly identify all contents and any
backorders.
7.3.RECEIPT AND INSPECTION OF GOODS AND/OR SERVICES. Goods and/or services purchased under this
Master Contract are subject to Purchaser's reasonable inspection, testing, and approval at
Purchaser's destination. Purchaser reserves the right to reject and refuse acceptance of goods
that are needed for services that are not in accordance with this Master Contract and Purchaser's
Purchase Order. Purchaser may charge Contractor for the cost of inspecting rejected goods. If
there are any apparent defects in the goods at the time of delivery, Purchaser promptly will notify
Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may require
Contractor to repair or replace, at Contractor's expense, any or all of the damaged goods or, at
Purchaser's option, Purchaser may note any damage to the goods on the receiving report, decline
acceptance, and deduct the cost of rejected goods from final payment. Payment for any goods
under such Purchase Order shall not be deemed acceptance of the goods.
7.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or
subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, or other
security requirements.
8. INVOICING & PAYMENT.
8.1. CONTRACTOR INVOICE. Contractor shall submit to Purchaser's designated invoicing contact properly
itemized invoices. Such invoices shall itemize the following:
(a) Master Contract No. 02919
(b) Contractor name, address, telephone number, and email address for billing issues
(i.e., Contractor Customer Service Representative)
(c)Contractor's Federal Tax Identification Number
(d) Date(s) of delivery
(e)Invoice amount; and
(f) Payment terms, including any available prompt payment discounts.
Contractor's invoices for payment shall reflect accurate Master Contract prices. Invoices will not
be processed for payment until receipt of a complete invoice as specified herein.
8.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser. Payment is
due within thirty (30) days of invoice. If Purchaser fails to make timely payment(s), Contractor
may invoice Purchaser in the amount of one percent (1%) per month on the amount overdue or
a minimum of $1.Payment will not be considered late if a check or warrant is mailed within the
time specified.
8.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous
payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to
MASTER CONTRACT No. 02919 - HVAC SERVICES
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Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct
payments or written credit memos issued. If Contractor fails to make timely payment(s) or
issuance of such credit memos, Purchaser may impose a one percent (1%) per month on the
amount overdue thirty (30) days after notice to the Contractor.
8.4. No ADVANCE PAYMENT. No advance payments shall be made for any products or services furnished
by Contractor pursuant to this Master Contract.
8.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose
any additional charges including, but not limited to, charges for shipping, handling, or payment
processing.
8.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities
pertaining to this Master Contract. Failure to do so shall constitute breach of this Master
Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the State
of Washington on purchased goods and/or services. Contractor, however, shall not make any
charge for federal excise taxes and Purchaser agrees to furnish Contractor with an exemption
certificate where appropriate.
9. CONTRACT MANAGEMENT.
9.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the
following contract administrators as the respective single points of contact for purposes of this
Master Contract. Enterprise Services' contract administrator shall provide Master Contract
oversight. Contractor's contract administrator shall be Contractor's principal contact for
business activities under this Master Contract. The parties may change contractor administrators
by written notice as set forth below.
Any not'ices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent
via email, and shall be sent to the respective .addressee at the respective address or email address
set forth below or to such other address or email address as the parties may specify in writing:
Enterprise Services
Attn: Keegan Barnes
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Tel: (360) 407-7972
Email: Keegan.Barnes@des.wa.gov
Contractor
Attn: Spencer Carter
McKinstr ---------
5005 3'd Ave$_.
Seattle, WA. 98134
Tel: +1 206 832 8511
Email: SpencerC@McKinstry.com
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon
transmission to the designated email address of said addressee.
9.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service
representative (and inform Enterprise Services of the same) who shall be responsible for
addressing Purchaser issues pertaining to this Master Contract.
9.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S.
certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to
MASTER CONTRACT No. 02919 - HVAC SERVICES
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the respective addressee at the respective address or email address set forth below or to such
other address or email address as the parties may specify in writing:
Enterprise Services
Attn: Legal Services Manager
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Email: Greg.Tolbert@des.wa.gov
Contractor
Attn: Jennifer Koch
McKinstry
5005 3''Ave S.
Seattle, WA.98134
Email: JKOCH@McKinstry.com
Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon
return receipt, or, if emailed, upon transmission to the designated email address of said
addressee.
10. Contractor Sales Reporting; Vendor Management Fee; & Contractor Reports.
10.1. MASTER CONTRACT SALES REPORTING. Contractor shall report total Master Contract sales quarterly
to Enterprise Services, as set forth below.
(a) Master Contract Sales Reporting System. Contractor shall report quarterly Master
Contract sales in Enterprise Services' Master Contract Sales Reporting System.
Enterprise Services will provide Contractor with a login password and a vendor
number. The password and vendor number will be provided to the Sales Reporting
Representative(s) listed on Contractor's Bidder Profile.
(b) Data. Each sales report must identify every authorized Purchaser by name as it is
known to Enterprise Services and its total combined sales amount invoiced during the
reporting period (i.e., sales of an entire agency or political subdivision, not its
individual subsections). The "Miscellaneous" option may be used only with prior
approval by Enterprise Services. Upon request, Contractor shall provide contact
information for all authorized purchasers specified herein during the term of the
Master Contract. If there are no Master Contract sales during the reporting period,
Contractor must report zero sales.
(c)Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales
Reports must be submitted electronically by the following deadlines for all sales
invoiced during the applicable calendar quarter.
10.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee
("VMF") of 1.50 percent on the purchase price for all Master Contract sales (the purchase price
is the total invoice price less applicable sales tax).
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated
as follows:
(b) Amount owed to Enterprise Services = Total Master Contract sales invoiced (not
including sales tax) x .0150.
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(c)The VMF must be rolled into Contractor's current pricing. The VMF must not be
shown as a separate line item on any invoice unless specifically requested and
approved by Enterprise Services.
(d)Enterprise Services will invoice Contractor quarterly based on Master Contract sales
reported by Contractor. Contractors are not to remit payment until they receive an
invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services
must reference this Master Contract number, work request number (if applicable),
the year and quarter for which the VMF is being remitted, and the Contractor's name
as set forth in this Master Contract, if not already included on the face of the check.
(e)Failure to accurately report total net sales, to submit a timely usage report, or remit
timely payment of the VMF, may be cause for Master Contract termination or the
exercise of other remedies provided by law. Without limiting any other available
remedies, the Parties agree that Contractor's failure to remit to Enterprise Services
timely payment of the VMF shall obligate Contractor to pay to Enterprise Services, to
offset the administrative and transaction costs incurred by the State to identify,
process, and collect such sums. The sum of $200.00 or twenty-five percent (25%) of
the outstanding amount, whichever is greater, or the maximum allowed by law, if
less.
(f) Enterprise Services reserves the right, upon thirty (30) days advance written notice,
to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the
right to renegotiate Master Contract pricing with Contractor when any subsequent
adjustment of the VMF might justify a change in pricing.
10.3. ANNUAL MASTER CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed
annual Master Contract sales report. Such report shall include, at a minimum: Product
description, part number or other Product identifier, per unit quantities sold, and Master
Contract price. This report must be provided in an electronic format that can be read by MS
Excel.
10.4. SMALL BUSINESS INCLUSION. Upon request by Enterprise Services, Contractor shall provide, within
thirty (30) days, an Affidavit of Amounts Paid. Such Affidavit of Amounts Paid either shall state,
if applicable, that Contractor still maintains its MWBE certification or state that its
subcontractor(s) still maintain(s) its/their MWBE certification(s) and specify the amounts paid to
each certified MWBE subcontractor under this Master Contract. Contractor shall maintain
records supporting the Affidavit of Amounts Paid in accordance with this Master Contract's
records retention requirements.
11. RECORDS RETENTION & AUDITS.
11.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence
pertaining to this Master Contract and orders placed by Purchasers under it to the extent and in
such detail as shall adequately reflect performance and administration of payments and fees.
Contractor shall retain such records for a period of six (6) years following expiration or
termination of this Master Contract or final payment for any order placed by a Purchaser against
this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit
MASTER CONTRAq NO. 02919 - HVAC SERVICES
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is commenced prior to the expiration of this period, such period shall extend until all such
litigation, claims, or audits have been resolved.
11.2.AUDIT. Enterprise Services reserves the right to audit, or have a designated third party audit,
applicable records to ensure that Contractor has properly invoiced Purchasers and that
Contractor has paid all applicable contract management fees. Accordingly, Contractor shall
permit Enterprise Services, any Purchaser, and any other duly authorized agent of a
governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books,
documents, papers and records directly pertinent to this Master Contract or orders placed by a
Purchaser under it for the purpose of making audits, examinations, excerpts, and transcriptions.
This right shall survive for a period of six (6) years following expiration or termination of this
Master Contract or final payment for any order placed by a Purchaser against this Master
Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is
commenced prior to the expiration of this period, such period shall extend until all such litigation,
claims, or audits have been resolved.
11.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available
to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments inconsistent
with the terms of this Master Contract or orders, at a rate of 125% of such overpayments, found
as a result of the examination of the Contractor's records; and (b) reimburse Enterprise Services
for any underpayment of fees, at a rate of 125% of such fees found as a result of the examination
of the Contractor's records (e.g., if Contractor underpays the Vendor Management Fee by $500,
Contractor would be required to pay to Enterprise Services $500 x 1.25 = $625).
12. INSURANCE.
12.1. REQUIRED INSURANCE. During the Term of this Master Contract, Contractor, at its expense, shall
maintain in full force and effect the insurance coverages set forth in Exhibit C - Insurance
Requirements.
12.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes
and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial
insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be
required by law, Enterprise Services may terminate this Master Contract. This provision does not
\Naive any of the Washington State Department of Labor and Industries (L&I) rights to collect
from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent
it is required to indemnify, defend, and hold harmless the State of Washington and its agencies,
officials, agents, or employees.
13. CLAIMS.
13.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and all
risks of personal injury or property damage to itself and its employees, agents, and Contractors
in connection with Contractor's operations under this Master Contract. Enterprise Services has
made no representations regarding any factor affecting Contractor's risks. Contractor shall pay
for all damage to any Purchaser's property resulting directly or indirectly from its acts or
omissions under this Master Contract, even if not attributable to negligence by Contractor or its
agents.
MASTER CONTRACT NO.02919- HVAC SERVICES
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13.2. THIRD-PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall defend,
indemnify, and hold harmless Enterprise Services and any Purchaser and their employees and
agents from and against all claims, demands, judgments, assessments, damages, penalties, fines,
costs, liabilities or losses including, without limitation, sums paid in settlement of claims,
attorneys' fees, consultant fees, and expert fees (collectively "claims") arising from any act or
omission of Contractor or its successors, agents, and subcontractors under this Master Contract,
except claims caused solely by Enterprise Services or any Purchasers' negligence. Contractor
shall take all steps needed to keep Purchaser's property free of liens arising from Contractor's
activities, and promptly obtain or bond the release of any such liens that may be filed.
14.DISPUTE RESOLUTION.
14.1. The parties shall cooperate to resolve any dispute pertaining to this Master Contract efficiently,
as timely as practicable, and at the lowest possible level with authority to resolve such dispute.
If, however, a dispute persists and cannot be resolved, it may be escalated within each
organization. In such situation, upon notice by either party, each party, within five (5) business
days shall reduce its description of the dispute to writing and deliver it to the other party. The
receiving party then shall have three (3) business days to review and respond in writing. In the
event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule
a conference between the respective senior manager of each organization to attempt to resolve
the dispute. In the event the parties cannot agree, either party may resort to court to resolve
the dispute.
15. SUSPENSION & TERMINATION; REMEDIES.
15.1. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's operations
under this Master Contract immediately by written cure notice of any default. Suspension shall
continue until the default is remedied to Enterprise Services' reasonable satisfaction; Provided,
however, that, if after thirty {30) days from such a suspension notice, Contractor remains in
default, Enterprise Services may terminate Contractor's rights under this Master Contract. All of
Contractor's obligations to Enterprise Services and Purchasers survive termination of
Contractor's rights under this Master Contract, until such obligations have been fulfilled.
15.2. DEFAULT. Each of the following events shall constitute default of this Master Contract by
Contractor:
(a) Contractor fails to perform or comply with any of the terms or conditions of this
Master Contract including, but not limited to, Contractor's obligation to pay contract
management fees when due;
(b) Contractor breaches any representation or warranty provided herein; or
(c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or
involuntary.
15.3. REMEDIES FOR DEFAULT.
(a) Enterprise Services' rights to suspend and terminate Contractor's rights under this
Master Contract are in addition to all other available remedies.
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(b) In the event of termination for default, Enterprise Services may exercise any remedy
provided by law including, without limitation, the right to procure for all Purchasers
replacement goods and/or services. In such event, Contractor shall be liable to
Enterprise Services for damages as authorized by law including, but not limited to,
any price difference between the Master Contract price and the replacement or cover
price as well as any administrative and/or transaction costs directly related to such
replacement procurement - e.g., the cost of the competitive procurement.
15.4.LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in
no event shall any party or Purchaser be liable to the other for exemplary or punitive damages.
15.5. GOVERNMENTAL TERMINATION.
(a) Termination for Withdrawal of Authority. Enterprise Services may suspend or
terminate this Master Contract if, during the term hereof, Enterprise Services'
procurement authority is withdrawn, reduced, or limited such that Enterprise
Services, in its judgment, would lack authority to enter into this Master Contract;
Provided, however, that such suspension or termination for withdrawal of authority
shall only be effective upon twenty (20) days prior written notice; and Provided
further, that such suspension or termination for withdrawal of authority shall not
relieve any Purchaser from payment for goods and/or services already ordered as of
the effective date of such notice. Except as stated in this provision, in the event of
such suspension or termination for withdrawal of authority, neither Enterprise
Services nor any Purchaser shall have any obligation or liability to Contractor.
(b) Termination for Convenience. Enterprise Services, for convenience, may terminate
this Master Contract; Provided, however, that such termination for convenience
must, in Enterprise Services' judgment, be in the best interest of the State of
Washington; and Provided further, that such termination for convenience shall only
be effective upon sixty (60) days prior written notice; and Provided further, that such
termination for convenience shall not relieve any Purchaser from payment for goods
and/or services already ordered as of the effective date of such notice. Except as
stated in this provision, in the event of such termination for convenience, neither
Enterprise Services nor any Purchaser shall have any obligation or liability to
Contractor.
15.6. TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or termination (in full or
in part), the parties shall cooperate to ensure an orderly and efficient suspension or termination.
Accordingly, Contractor shall deliver to Purchasers all goods and/or services that are complete
(or with approval from Enterprise Services, substantially complete) and Purchasers shall inspect,
accept, and pay for the same in accordance with this Master Contract and the applicable
Purchase Order. Unless directed by Enterprise Services to the contrary, Contractor shall not
process any orders after notice of suspension or termination inconsistent therewith.
16. GENERAL PROVISIONS.
16.1. TIME Is OFTHE ESSENCE. Time is of the essence for each and every provision of this Master Contract.
16.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law.
MASTER CONTRACT No. 02919 -HVAC SERVICES
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16.3. INTEGRATED AGREEMENT. This Master Contract constitutes the entire agreement and
understanding of the parties with respect to the subject matter and supersedes all prior
negotiations, representations, and understandings between them. There are no representations
or understandings of any kind not set forth herein.
16.4.AMENDMENT OR MODIFICATION. Except as set forth herein, this Master Contract may not be
amended or modified except in writing and signed by a duly authorized representative of each
party hereto.
16.5. AUTHORITY. Each party to this Master Contract, and each individual signing on behalf of each
party, hereby represents and warrants to the other that it has full power and authority to enter
into this Master Contract and that its execution, delivery, and performance of this Master
Contract has been fully authorized and approved, and that no further approvals or consents are
required to bind such party.
16.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be
or is intended to be created by or under this Master Contract. Neither party is an agent of the
other party nor authorized to obligate it.
16.7. ASSIGNMENTS. Contractor may not assign its rights under this Master Contract without Enterprise
Services' prior written consent and Enterprise Services may consider any attempted assignment
without such consent to be void; Provided, however, that, if Contractor provides written notice
to Enterprise Services within thirty (30) days, Contractor may assign its rights under this Master
Contract in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled
by or under common control with Contractor, is merged or consolidated with Contractor, or
purchases a majority or controlling interest in the ownership or assets of Contractor. Unless
otherwise agreed, Contractor guarantees prompt performance of all obligations under this
Master Contract notwithstanding any prior assignment of its rights.
16.8. BINDING EFFECT; SUCCESSORS & ASSIGNS. This Master Contract shall be binding upon and shall inure
to the benefit of the parties hereto and their respective successors and assigns.
16.9. PUBLIC INFORMATION. This Master Contract and all related documents are subject to public
disclosure as required by Washington's Public Records Act, RCW chapter 42.56.
16.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or cause
of action which the Contractor now has or which may accrue to the Contractor in the future by
reason of any violation of state or federal antitrust laws in connection with any goods-and/or
services provided in Washington for the purpose of carrying out the Contractor's obligations
under this Master Contract, including, at Enterprise Services' option, the right to control any such
litigation on such claim for relief or cause of action.
16.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase goods and/or
services pursuant to this Master Contract, such Purchaser shall specify, with its order, any
applicable requirement or certification that must be satisfied by Contractor at the time the order
is placed or upon delivery.
16.12. SEVERABILITY. If any provision of this Master Contract is held to be invalid or unenforceable, such
provision shall not affect or invalidate the remainder of this Master Contract, and to this end the
provisions of this Master Contract are declared to be severable. If such invalidity becomes known
or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to
MASTER CONTRACT NO.02919- HVAC SERVICES
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amend such provision as nearly as possible to be consistent with the intent of this Master
Contract.
16.13.WAIVER. Failure of either party to insist upon the strict performance of any of the terms and
conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to
notify the other party in the event of breach, shall not release the other party of any of its
obligations under this Master Contract, nor shall any purported oral modification or rescission of
this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver
by either party of any breach, default, or violation of any term, warranty, representation,
contract, covenant, right, condition, or provision hereof shall constitute waiver of any
subsequent breach, default, or violation of the same or other term, warranty, representation,
contract, covenant, right, condition, or provision.
16.14.SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in
or otherwise made pursuant to this Master Contract shall survive and remain in effect following
the expiration or termination of this Master Contract, Provided, however, that nothing herein is
intended to extend the survival beyond any applicable statute of limitations periods.
16.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master
Contract shall be governed by and construed in accordance with the laws of the State of
Washington, without regard to its choice of law rules.
16.16. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this
Master Contract, the parties agree to submit to exclusive in personam jurisdiction in Thurston
County Superior Court for the State of Washington and agree that in any such action venue shall
lie exclusively at Olympia, Washington.
16.17. ATTORNEYS' FEES. Should any legal action or proceeding be commenced by either party in order
to enforce this Master Contract or any provision hereof, or in connection with any alleged
dispute, breach, default, or misrepresentation in connection with any provision herein
contained, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs
incurred in connection with such action or proceeding, including costs of pursuing or defending
any legal action, including, without limitation, any appeal, discovery, or negotiation and
preparation of settlement arrangements, in addition to such other relief as may be granted.
16.18.FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be construed as
a whole according to their common meaning and not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master
Contract and agrees that the normal rules of construction to the effect that any ambiguities are
to be resolved against the drafting party shall not be construed in the interpretation of this
Master Contract. Each term and provision of this Master Contract to be performed by either
party shall be construed to be both a covenant and a condition.
16.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master Contract, the
parties shall each do whatever may reasonably be necessary to accomplish the transactions
contemplated in this Master Contract including, without limitation, executing any additional
documents reasonably necessary to effectuate the provisions and purposes of this Master
Contract.
MASTER CONTRACT No. 02919 - HVAC SERVICES
16
16.20.EXHIBITS.All exhibits referred to herein are deemed to be incorporated in this Master Contract in
their entirety.
16.21. CAPTIONS & HEADINGS. The captions and headings in this Master Contract are for convenience only
and are not intended to, and shall not be construed to,limit, enlarge, or affect the scope or intent
of this Master Contract nor the meaning of any provisions hereof.
16.22.ELECTRONIC SIGNATURES. A signed copy of this Master Contract or any other ancillary agreement
transmitted by facsimile, email, or other means of electronic transmission shall be deemed to
have the same legal effect as delivery of an original executed copy of this Master Contract or
such other ancillary agreement for all purposes.
16.23. COUNTERPARTS. This Master Contract may be executed in any number of counterparts, each of
which shall be deemed an original and all of which counterparts together shall constitute the
same instrument which may be sufficiently evidenced by one counterpart. Execution of this
Master Contract at different times and places by the parties shall not affect the validity thereof
so long as all the parties hereto execute a counterpart of this Master Contract.
EXECUTED as of the date and year first above written.
STATE OF WASHINGTON
Departm erpr;se Services
By:'--------
Alexander l(enesson
Its: Procurement Supervisor
MCKINSTRY Co., LLC,
a WasMng;tOnl;m;t d t1al>i · any
By: '--OSv • .
1ame ,Jose-PH- -l+A-a-,A,{Z
Its: Title C.,,Pi)
MASTER CONTRACT No. 02919 - HVAC SERVICES
(Rev. 4-24-2017)
17
EXHIBIT A
included HVAC Services
Didder Name: McKinstry
EXHIIIIT 8- HVAC SERVICES SPEClflCATIONS
INClUOED Srnvlc s.
PREVENTIVE MAl/'fTENANCi: Srnv1cES. Preventive Maintenance ls pre-planned, periodic, on-site
inspection rind testing of the HV,!\C sv.stem. Prevrmtive Maintenance includes al! adjustments o·r
part replacements required to keep HVAC system !n proper1.-vorking order consistent with orfglnal
manufacturer specifications and recommendations. Contractor slialf work with Purchase to
develop gular Intervals for such Preventive Maintenance servfce.
NoN-SCHF.OUL::D SERVICES & REPAIRS- Non-Scheduled Servfces & Repa_frs is defined as on-SIie, un-
scheduled maintenance and/or repair of HVAC equipment whfch fs not operating properly and
requires immediate repair or services to keep it in proper wOrklng order consistent with orig!na!
m<1nufacturE!r specifications and recommendations.
QUl\l!FICi;TION QUESTJONS.
Please respond ta all the questions below. lncomplcta or limited responses may result in a non-
r!iJsponslve bid.
-- - .. :i ..··BmJER-CMA!lttffiES..Prpvide a stiltcment of your CDmpany's abi/ity-to-'dEiliver·t11t'.nervrcessougnr --·· -------------- --·
under this Competitive Solicitation.- Please address prior expet'ience, tr;iining, certifications,
resciurces, quality man,1gement systems, a_nd anything-else that might be applicable.
2.AREAS FExPrn1F.NCE. Certify your company has experience in the followfng ilreas {check all chat
apply):
I!!!"' DDC/BACnel Control systems
O 1NaterTreatment
a( Bearing monitorinr,, Analysis & Maintenance
Heating, Ventilation & Air Conditioning Commercial technology ef Commerdc1I- Chiller Plant t chnofogy Geo Thermal well System theory and techriofogyefCommercial Plumbing, to indude Potable water, Waste water, storm water, Pumps,
8addlow Prevention certification & Inspection, Boilers & Dom·estic Hot water systems,
Waste l!ne deaning and maihtenance.
ef..,..smoke Control systems <1nd reiatP.d mechanical technologies: & practlr.es
Washington State and Local Jurisdiction Building Codes, Mechanical Codes !:lectrica!
Codr.s,Etc.
3. CrrAT!ONS.
a. H;,s your compilny been cited _by OSHA/WISHA for any safety violations in the I.1st five
years? If yes, provi_de details of the cltation{s). lf no, sq declare,
Co/,IP/:T!TIVE SOLICITATION No. 02919- nttirnr B PAGt 1
MASTER CONTRACT NO. 02919- HVAC SERVICES
(Rev. 4-24-2017)
MASTER CONTRACT No. 02919 - HVAC SERVICES
(Rev. 4-24-2017)
18
Bidder.Name: MGK!nstry
b.Has'{o_Ui:col"flpa y - een,d_fod b.•y.theWa. hJri_gto' StaJDe_p rtiyient ol_' .bor-anQ
ln.dµ.Strie•s.{L&"l).for.anVVio!_atibn_s irfth_i: l _St five'year_s·? If so submit fuli·details.indl)ding
the ·project, the ·n_om_be:r-.of y_iolationS and any·petl_alttes ih,cur·red. If no, so _cla_r.e.
4, ELEGTRICl _N CERT!FICATI.QN. Bif.fder shi°ill:have at:a·m'i.nimum on_e (1) employ . that ho_!d.s
certiffcate$ ,of qmpetem;y a? at le,:1:s_t a Joµ_rn y L ve_l Electrld.an per requirement?- of R_CW
19:28. Pr'oVi9€! the nam M.of any,su_cti person{s) ·and. the.-.copy.(S) of.c rtiffcate{S)'.
5. .M NUFACTU ER C_E.RTI_FlCATIONS. H·yAt Ser\lJ es_shallbwp rformed t>y manufacturer certified
techhicians:'ptopet1ylrai11ed and/or'tiuthdrized·to"- perforin suth.services. Plate a·ch·etk m·ark iri
t_he.!Jox corr.esppndfngto·:the marn,.1.factur r certific.ation_s ypl,Jr cO.rnpany m{lln.tains; .Bidd r !TJa.Y.
be,·asked-tcrprovide-Copies of the:selected certlfication{s); Please add ariy missing manufacttiters
_your company Is,certifie_d to work:qn.
.efAlert .n
p Ba.cha.rath l.nd.us.frJe
- B<Jlci"qr M0t9rs:
Belimo.
1!21' Bell and Gossett (11)') B·ohn Products_.
/Bussmann·
Ca.rri.er
/Chandle -R frlg.eratipn
: Cleav.er-Bn oks ·Clin'tate.toiltr"olr·ro uc;.tS
/COmpressors ·unllniitefd
- /C. o·treland·Refrlgeratioh
Danfoss ProdLJcts
!'.'.I/Qwye_r l_nstrum,ents l.nt.
Flo-Control Jm::.
D/Gates-Rubber Co.
_1!4· ·G. rle_r"al "El _ctric
0 Henry Tec no!ogi!::!S
C:)/HlghSide heinica:I Co.
fi1/HoneyweH lhc.
M Invensys·Builciin
D 1n'Mt0onnell
J/B-lndus:l:ries·rnc.
o('JQhn :ni Controls
- Kleif) }Pols Irie,
D/La·rkiri_ Refri{,feratibh
r'.f Lo"chinva;r: 1
M_an_itowoc Equipment
i;:oMPETITIV-E SbubTArJON: Q·. 02919 -E:xHtalT B PA\iE2
MASTER CONTRACT NO. 02919- HVAC SERVICES
(Rev. 4-24-2017)
19
Bi9d:er:Nam!;!'.- Mckinstry
,,M - ·p._le h. se {Par?gon)
fii":,Jy11tsub1sli1
l!!f'"-Motors.and Anla:tures
D ML1el!e·r Industries-Int,
.0 /f\'1unters 0 lbco Inc,Iii" u Calgon P.r_o·d_ucts Phoenix. Rance Contrcils
RayC:he'tn HTS
R frjge atloh Hardware
IZf _Ritchie·Enginee·ring
fit ){ berta jr_M.anµfactt)dng
_g' Ro_bertsh_aw _Cqntrols Russell Pi-oduds
Sea·led Unit f?arts
·o Siemens
Smith A.O.Corg.
D .,,.Spo·ria11 Valves
Tri:!n_e _)Jniyersal·Ent_Eitp'ri e
Vykon/Tridium
d /white-Rodgers
[M'" Yqrk
CbM1>e·m1ve· SoucirAi10N N6. 02919- El<Hrn1r B PAG£ .
.
(Rev. 4-24-2017)
20
Electricians 0
Inside
(Journeyrna11
Level) (XXX%of
prevailing
wage)
Plumber&
f!ipefitter
(XXX%of
prevailh1g
Exhibit B
Prices for HVAC Services
King 185%Seattle 1
Pierce 208% Seattle 1
Snohomish 210% Seattle 1
Thurston 208% Seattle 1
King 192% Seattle 1
Pierce 220% Seattle 1
Snohomish 220% Seattle 1
Thurston 220% Seattle 1
)Mage).
King 193% Seattle 1
Pierce 231% Seattle 1
MASTER CONTRACT No.02919 - HVAC SERVICES
Refrigeration
&Air
Conditioning
Mechanic
(XXX%of
prevaiHng
wage)
(Rev. 4-24-2017)
21
prevailing
wage)
Snohomish 231%Seattle 1
Thurston 231%Seattle 1
King 200%Seattle 1
Pierce 200%Seattle 1
Snohomish 200%Seattle 1
Thurston 200%Seattle 1
MASTER CONTRACT No. 02919 -HVAC SERVICES
(Rev. 4-24-2017)
22
Exhibit C
Insurance Requirements
1.INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor obtain and maintain
in full force and effect, at Contractor's sole expense, the following insurance coverages:
a.COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial General Liability Insurance (and, if
necessary, commercial umbrella liability insurance) covering Bodily Injury and Property
Damage on an 'occurrence form' in the amount of not less than $2,000,000 per
occurrence and $4,000,000 general aggregate. This coverage shall include Contractual
Liability insurance for the indemnity provided under this Master Contract.
b. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE. 'Symbol 1' Commercial Automobile Liability
coverage (and, if necessary, commercial umbrella liability insurance) including coverage
for all owned, hired, and non-owned vehicles. The combined single limit per accident
shall nofbe less than $1,000,000.
C.WORKERS' COMPENSATION INSURANCE & EMPLOYER'S LIABILITY (STOP GAP). Contractor shall
comply with applicable Workers' Compensation or Industrial Accident insurance
providing benefits as required by law, including Employer's or Stop-Gap Liability with a
minimum limit of $1,000,000 per occurrence.
The limits of all insurance required to be provided by Contractor shall be no less than the minimum
amounts specified. Coverage in the amounts of these minimum limits, however, shall not be
construed to relieve Contractor from liability in excess of such limits.
A cross-liability clause or separation of insured condition shall be included in all general liability,
professional liability, pollution, and errors and omissions policies required by this Master
Contract.
2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an
insurance company deemed acceptable to the State of Washington's Office of Risk Management.
Insurance coverage shall be provided by companies authorized to do business within the State of
Washington and rated A- Class VII or better in the most recently published edition of Best's
Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s)
with an unacceptable financial rating.
3.ADDITIONAL INSURED. Except for Works' Compensation, Professional Liability, Personal Automobile
Liability, and Pollution Liability Insurance, all required insurance shall include the State of
Washington and all authorized Purchasers (and their agents, officers, and employees) as an
Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the
Certificate of Insurance on such insurance policies. •
4. CERTIFICATE OF INSURANCE. Upon request by Enterprise Services, Contractor shall furnish to
Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a
certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated
kinds and minimum amounts, has been secured. A renewal certificate shall be delivered to
Enterprise Services no less than ten (10) days prior to coverage expiration. Failure to provide
proof of insurance, as required, will result in contract cancellation. All policies and certificates of
insurance shall include the Master Contract number stated on the cover of this Master Contract.
MASTER CONTRACT NO. 02919 - HVAC SERVICES
I\IIASTERCONTRACTNO.02919-HVAC SERVICES
(Rev. 4-24-2017)
23
5.PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution
from any insurance or self-insurance maintained by, or provided to, the additional insureds listed
above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or
self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance
provided by Contractor or subcontractors.
6.SUBCONTRACTORS.Contractor shall include all subcontractors as insureds under all required
insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each
subcontractor. Each subcontractor must comply fully with all insurance requirements stated
herein. Failure of any subcontractor to comply with insurance requirements does not limit
Contractor's liability or responsibility.
7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of
Washington and any Purchaser for the recovery of damages to the extent such damages are or
would be covered by the insurance specified herein.
8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of
aggregate limits, or intent not to renew insurance coverage, either in whole or in part, without at
least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to
provide such notice, as required, shall constitute default by Contractor. Any such written notice
shall include the Master Contract number stated on the cover of this Master Contract.
ATTACHMENT B
Renton, WA
March1,2024
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
March 1, 2024
Brian Hammon
City of Renton
1055 S Grady Way
Renton, WA98057
Dear Brian,
Thank you for the opportunityto 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 welook forward to workingwith you.
Regards,
Kurt Snider
AccountExecutive | Service
McKinstry Co LLC
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
On the following pages, McKinstry has provided the framework for a Condition Based Service plan. This
plan is designed to address the type ofequipment 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.
Properly scheduled and implemented, this plan will help to identify operational issues, mitigate
catastrophicrepairs before they happen, and extend the life ofyour equipment. Our system allows us to
track repairs by unit and identify trends that could contribute to a premature failure.
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.
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.Yourdedicated team
includes;
o A primaryService Technician whowilladviseandworkdirectlywithyour maintenanceteam
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 Managerwho assures wedeliver our services aspromised.
o An Account Executive that will work with you to assure all contracted services remain relevant to
your current needs.
McKinstry backs up this support program with a disciplined account management plan that incorporates
regularlyscheduledBusiness ReviewMeetings to discuss; services performed to date, items that may
require additional attention, and assist in long term capital planning.
As a complete Mechanical, Electrical, and Plumbing (MEP) Contractor, McKinstry has theresources 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.
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 westart. Ultimately, this allows McKinstry employees to be mindful and more efficient while
reducing potential risk for the services we perform.
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
A condition-based HVACservice plan that is matched to theneeds of the HVACsystems, and the spaces
they serve.
A highly responsive service and technical partner that understandsyour needs as well as the HVAC
equipment that serves the facilities you support.
Increasedsystemreliabilityfor consistentcomfortandlearning.
Betteridentificationand controlofrepaircosts.
Controlofyourowningandoperatingcosts for increased budgetintegrity.
Aserviceprogram that is delivered safely and efficiently.
Regularlyscheduled businessreview meetingtoassure wearedeliveringtheservices youneed.
Our scope ofwork for Renton Senior Activity Center includes maintenance services as described belowand as
recommended by the manufacturer.
1.HVACpreventivemaintenance(fourtimesannually)
2.HVACfilter replacementservicewithhighefficiencypleated filters(four times annually)
3.Plumbingpreventivemaintenance(onetimeannually)
4.FireSystempreventive maintenance(onetimeannually)
1. Electronicreportsformaintenanceinspections
2. Electronicreportsforservice calls
3. Priorityschedulingandresponseforall McKinstry serviceofferings
4. 24x7EmergencyResponseavailability
5. 20-minutecall back and 4-hours onsitefor emergency servicecalls
6. ServicehistorytrackingbyEquipmentID forall equipment undercontract
7. Preferredservicerates forall services
Annual Investment:$9,688.00
QuarterlyInvoiceAmount:$2,422.00
Pre-Authorized Repair Limit:$1500.00
Proposal isvalid for sixty (60)days
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Sales Tax is Excluded if Applicable
Worktobeperformedduring normalbusiness hours
All work is done subject to McKinstry’s standard Service Warranty.
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,
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.
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.
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.
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
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
Unit ID
Equipment
Description Manufacturer Model
Number SerialNumber Location
AHU-01 S
plit AHU - w/ ElectricHeat Mitsubishi n/a n/a ITRoom
AHU-01A AHU - w/ Electric Heat Carrier 566CP120 438260978 Roof
CU-01Spli
t
CondensingUnit - Condense
r Air Cooled Mitsubishi MUY-GE12NA 2006944 Roof
H&VUnit
1 AHU - w/ ElectricHeat Trane
n/a U79C09748 Mechanical Room
H&VUnit
2 AHU - w/ ElectricHeat Trane
n/a U79C09749 Mechanical Room
H&VUnit
3 AHU - w/ ElectricHeat Trane
n/a U79C09750 Mechanical Room
H&VUnit
4 AHU - w/ ElectricHeat Trane
n/a U79C09751 Mechanical Room
H&VUnit
5 AHU - w/ ElectricHeat Trane
n/a n/a Upstairsmechani
cal room
H&VUnit
6 AHU - w/ ElectricHeat Trane
n/a U79C09753 Mechanical Room
HeatPum
p 1 Heat Pump - Air Cooled Trane
2TWA3048A30
00AA 6193LJB2F Roof
HP-01 Heat Pump - Air Cooled Trane
4TWR4024E10
00BB 15443LGY4F Roof
HP-02 Heat Pump - Air Cooled Trane
4TWR4024E10
00BB 15443LP54F Roof
MakeUp
Unit 1
Make-UpAirUnit - w/Electr
ic Heat Trane n/a n/a Kitchenstorage
P-01 Pump - Circulation Grundfos UPS26 - 99FC 52722512P1
Upstairsmechani
cal room
SF-01 Fans - Supply Trane FieldVerify FieldVerify Roof
WH - 1 Boiler - ElectricHW A O Smith DRE - 120 100 2245131657580
Upstairsmechani
cal room
WH-02 Boiler - ElectricHW
BradfordWhit
e
MII-120-24-3S
F-44 BC-31-511 Upstairsmechani
cal room
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
WIF-01 Refrigeration - Walk-in Freez
er Condenser Larkin Field Verify Field Verify Ground outside
WIF-021 Refrigeration - Walk-in Freez
er Evaporator Larkin Field Verify Field Verify Kitchen
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
Unit ID/Description Ins/Yr PM/Yr P/Filter
AHU-01Split 4 4
AHU-01A 4
CU-01Split 4
H&VUnit 1 4 4
H&VUnit 2 4 4
H&VUnit 3 4 4
H&VUnit 4 4 4
H&VUnit 5 4 4
H&VUnit 6 4 4
HeatPump 1 4 4
HP-01 4 4
HP-02 4 4
MakeUp Unit 1 4 4
P-01 4
SF-01 4
WH - 1 4
WH-02 4
WIF-01 4
WIF-02 4
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
Unit ID/Description
Annual
Primary
Annual
Secondary
WH - 1 1
WH-02 1
* Not alltasks are applicable to allequipment
AHU - w/ Electric Heat
PMs:
SUPPLYFAN SECTION FILTERSECTION
Inspectbearings
Tensionbelts
Lubricatebearings
Recordamperage
CheckVFD
Notefilter condition
Notecondition ofOSAScreens
INDOORCOILSECTION(Spring/Summer) CHILLEDWATER(Spring/Summer)
Notecleanlinessofcoil
Check for leaks
Checkcondensatedrainpan
Check for leaks
Check chilled water valve for functionality
Check freeze stat functionality
ECONOMIZER SECTION CONTROLS
Checkdamperactuator/linkage
Check/adjustminimumposition
Checkpressurereliefdampers
Exercise controls
Check/tightenallterminations
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
RF OR EF SECTION
Tension belts
Lubricate bearings
Record amperage
* Not all tasks are applicable to all equipment
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Condensing Unit - Condenser Air Cooled
PMs:
OPERATIONAL OVERVIEW FANS
Record OSA Temp Lubricated fan shaft bearings
UPPER TOWER LOWER
Inspected mist eliminators
Inspected spraybar and nozzles
Inspected tower discharge damper/controls
Inspected tower fill
Inspectedtowerbasin
Record sump heater amperage
Recordspraypumpamperage
Drained and cleaned tower basin
CONTROLS
Inspected starter
Verified temperature controller calibration
Verified wiring connection tightness
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Make-Up Air Unit - w/ Electric Heat
PMs:
SUPPLYFAN SECTION FILTERSECTION
Inspect bearings
Tensionbelts
Lubricate bearings
Recordamperage
Check VFD
Note filter condition
Notecondition ofOSAScreens
INDOOR COIL SECTION (Spring/ Summer) CHILLED WATER (Spring/Summer)
Note cleanliness of coil
Check for leaks
Check condensate drain pan
Check for leaks
Check chilled water valve for functionality
Check freeze stat functionality
ECONOMIZER SECTION CONTROLS
Check damper actuator/linkage
Check/adjust minimum position
Check pressure relief dampers
Exercise controls
Check/tighten all terminations
RF OR EF SECTION
Tension belts
Lubricate bearings
Record amperage
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Pump - Circulation
PMs:
FANS PUMPS
Inspect fan blades
Check set screws
Tension Belts
Lubricatebearings
Lubricate bearings
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Fans - Supply
PMs:
FANS PUMPS
Inspect fan blades
Check set screws
Tension Belts
Lubricatebearings
Lubricate bearings
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA, 98134
206.762.3311 | MCKINCL942DW
Boiler - Electric HW
PMs:
FIRESIDE INSPECTION BURNERMAINTENANCE
Brush and vacuum heat exchanger (if prescribed
by
Inspect Door Gaskets
Inspect refractory
Clean Burner Assembly
VESSEL MAINTENANCE
Open/CleanMake-upWaterValve
City of Renton
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
CONTRACTOR CUSTOMER
McKinstry Co LLC City of Renton
5005 Third Avenue South Seattle 1055S Grady Way
WA, 98134 Renton,WA98057
(Herein after referredto as"Contractor") (Hereinafter referredto as"Customer")
Serviceshall beprovided at thefollowinglocation(s):
RENTONSENIORACTIVITYCENTER
211 BURNETT AVE N
RENTON WA, 98057
In accordancewiththeenclosedspecifications, thetermsand conditionssetforthin thisagreement;andother
attachments which aremade a part ofthis agreement:
Maintenance shall commence on:March1,
2024
At an annual Fee of:$9,688.00 per year
Which is payable:$2,422.00 perquarter
Sales Tax excluded if
applicable
Pre-AuthorizedRepairLimit:$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
isfurtheragreedthatthecustomershallbebilledforallcomponentsandmaterialsrequiredtosuccessfullycomplete
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.
ThisAgreement is Accepted by:
MCKINSTRY COLLC CITY OF RENTON
Signature/Date(AuthorizedRepresentative) Signature/Date(AuthorizedRepresentative)
Name Name
Title Title
City of Renton
ServicePlanRecommendation
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 minimum 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 servicerequirements
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
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
HAZARDOUS MATERIALS
CustomeracknowledgesthatMcKinstry’sobligationunderthisserviceagreementandanysubsequentcontractdoes
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
hazardsareremoved. Thetimefor completion ofthe work shall beextended to theextent caused by thesuspension
and the contract price equitably adjusted.
DISPOSAL
Customer agreestoallowdisposalofallreplaced filters onsite.Iffilterdisposalisnot allowedonpremises, 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 ofgoodsormaterials
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 manufacturer. 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)
anyDeliverablethatisdamagedafteracceptance byCustomer, (iv)anydeliverablethatis damagedafteracceptance
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
ServicePlanRecommendation
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
ServicePlanRecommendation
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
ServicePlanRecommendation
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
ServicePlanRecommendation
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.
McKinstryServicehasalargefleetofvehicleswithlicensed,uniontrainedtechniciansavailabletorespond
to your needs. Each on-call technician is permanently assigned with the needed technology and smart-
phone to enable quick response to emergency situations.
REGULARSERVICE CALLS:206.762.3311 or 206.762.5900 the switchboardwill direct your call
(Normal working hours are Monday - Friday, 7:00 AM - 4:30 PM).
EMERGENCYSERVICEAFTER-HOURS:206.762.3311or206.762.5900
(Youwill be connectedto our after-hoursoperator.)
The appropriate technicianwill be notified, and your call will be returnedwithin20 minutes.
For non-emergencyor nextbusiness dayservicemessages please email:dispatch1@mckinstry.com
Your e-mail will be returned the next normal business morning.
City of Renton
ServicePlanRecommendation
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:
MechanicalSystems Steam Systems Safety
Electrical Systems Plumbing Mathematics
Controls Ventilation CustomerService
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
ServicePlanRecommendation
5005 Third Avenue South Seattle WA,98134
206.762.3311 | MCKINCL942DW
Treat each other like family
Ensure everyperson goes homeunharmed
Respectand encourage all perspectives
Always ask, “what’spossible?”
Think boldly to create solutions
Embrace new ideas
Listen to understand
Stand by the work
Be fiscally responsible
Better the livesof others for stronger communities
Advocate for the next generation