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24-190.00McKinstryCoCityHallHVACPreventativeMaintenanceContract No. 24-190 CONSTRUCTION AGREEMENT McKinstry Co., LLC THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and McKinstry Co., LLC, ("Contractor") jointly referred to as the "Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies, and equipment and other items necessary for the construction and completion of the regular maintenance of the City Hall VRF HVAC system and train new employees (the "Work") in accordance with the Scope of Work outlined in Exhibit A and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4, below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of an Agreement] and shall complete the Work by December 31, 2025. After successful completion of the term, the City and Consultant may enter into up to three additional and sequential one-year renewals . . 3. Liquidated Damaaes. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion (as defined in the Contract Documents) which shall be in the amount of $100.00 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of $12,113.50, plus Washington State Sales Tax Construction Agreement Page 1 of 10 Contract No. 24-190 ofl,078.10 (if applicable), for a total of $13,191.60, based on the bid submitted by Contractor (Exhibit A), and as may be adjusted in accordance with the Contract Documents. 5. Payment. Contractor may be paid bi-annually, upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards, City Code, state standards, or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: McKinstry LLC Phone: 509-747-3389 Address: 601 E Riverside Ave. Suite 510 Spokane, WA 99202 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes, and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this Construction Agreement Page 2 of 10 Contract No. 24-190 certification, such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I, are located at the L&I website address: https:Hlni.wa.gov/licensing= ep rmits/public-works-projects/prevailing;-wa e-rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community & Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested only in the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of Construction Agreement Page 3 of 10 Contract No. 24-190 one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered, and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond, pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 Construction Agreement Page 4 of 10 Contract No. 24-190 products -completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D. No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole Construction Agreement Page 5 of 10 Contract No. 24-190 discretion of the City, offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor -provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18. Waiver. No officer, employee, agent, or other individual acting on behalf of either party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assienment and Deleeation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may, from time -to -time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 22. Costs and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). Construction Agreement Page 6 of 10 Contract No. 24-190 23. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 25. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 26. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, Construction Agreement Page 7 of 10 Contract No. 24-190 records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of Section 28 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); Construction Agreement Page 8 of 10 Contract No. 24-190 The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 29. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 30. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work/Cost Statement B. Insurance Endorsements C. Performance and Payment Bond or attached email stating requesting City withhold retainage in lieu of bonds, per Clause 15. The Parties have executed this Agreement this 1 day of , 20. CITY OF SPOKANE VALLEY: McKinstry Co., LLC: Construction Agreement Page 9 of 10 94A , M� John Hot o an, City Manager, APPROVED AS TO FORM: Of ice of the City Attorney By: Paul Steinhauser Its: Business Unit Manager Contract No. 24-190 Construction Agreement Page 10 of 10 Exhibit A Q.-T!r-Y Spokane Valley City Hall HVAC Preventative Maintenance 2024 10210 E Sprague Ave. Spokane Valley, WA 99206 instry a /e OI Your Buiidirtp Our scope of coverage for this location, includes maintenance services as described below and in more detail in "Schedule" and "Task Lists." 1) HVAC Preventative maintenance per equipment schedule and tasking 2) Includes condenser coil cleaning where applicable 1X per year 3) No Pre -authorized repair limit. PO required for all additional repairs/recommendations not included in this agreement. 4) Bi-annual maintenance. 5) Does NOT INCLUDE FILTERS OR BELTS Written reports for maintenance inspections Written reports for service calls Priority scheduling and response for all McKinstry service offerings 24x7 Emergency Response availability Service history tracking by Equipment ID for all equipment under contract Preferred service rates for all services Work to be performed during normal business hours COMMENTS/CLARIFICATIONS All work is done subject to McKinstry's standard Service Warranty If equipment data is not available or correct (i.e. filter, model/serial data or location) provisions will need to be made in order to gather that data. The client understands that there is a cost to gathering that information and agrees to pay for that cost if a certified technician is required to gather said data. McKinstry will not be responsible for: • Any services not specifically listed in the Scope of Work • The quality or suitability of Customer furnished materials and/or equipment; the system performance; and/or system design • Emergency calls resulting from system design issues • Liability for underground utilities, obstructions, locating services and location of utilities, and/or unforeseen obstacles or conditions • Any damages that are not reasonably foreseeable from any incident, including special, indirect, or consequential damages • Water supply and drain issues beyond the requirements listed in the Scope of Work • Electrical service beyond the equipment disconnect switch, or electrical service requirements due to power failure • Any work not paid in full • Downtime for IT infrastructure and/or IT network(s) to which McKinstry had no responsibility for • Damage caused by freezing • Repair of damage or increase in service time resulting from accident, transportation, relocation, neglect, misuse, or anything else other than caused ordinary use • Repair to equipment located in an unsuitable place of installation or an unsafe or hazardous environment • Non-moving or non -maintainable parts, heat exchangers (all styles), coils, ductwork, equipment housing, casings, enclosures and/or boiler vessels. • Any claims, damages, losses or expenses, arising from or related to conditions that existed in, or, or upon the premises before the effective date of this Agreement. These preexisting conditions include, without limitation, damages, losses, or expenses involving building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold and/or fungi • Data management and impacts including accessibility, integrity, and system uptime or downtime Contractor McKinstry Co. LLC 601 E Riverside Ave Suite 510, Spokane, WA 99202 Spokane, WA 99200 Phone: 509.747.3389 Email: kielh@mckinstry.com Agree preventive maintenance will be provided at: The City of Spokane Valley 10210 E Sprague Ave. Spokane Valley, WA 99206 Darren Everett Phone: 0 Email 0 10210 E Sprague Ave. Spokane Valley, WA 99206 In accordance with the enclosed specifications, t: Maintenance shall commence on: 11/1/2024 At an annual fee of: $12,113.50 (ANNUAL COST) sales Tax excluded (ifapplicable) Which is payable: $6,056.75 PRE -AUTHORIZED REPAIR LIMIT = $0 - PO Required for all additional services Contractor agrees to provide repair service to the customers, twenty-four (24) hours per day seven (7) days per week at the contracted rates quoted by the contractor. All repair services performed shall be billed separate of the maintenance agreement and shall not be deemed a part of the preventive maintenance program. It is further agreed that the customer shall be billed for any and all components and materials required to successfully complete such repairs. ❑ LazerAlignment ❑ Eddy Current Analysis (Sub -Contractor) ❑ HVAC Maintenance ❑ Be+leFs This agreement is assented bW ❑ Vibration ARatysfs ❑ 9i!-Analysis ❑ Tube Rpwshi g ❑ Backflow Devices Condenser Coil Cleaning ❑ Includes Air -Filters and Belts The Gity of Spokane Valley 'linstry rn m n.. ennsro H P-1N VRV VRF Outdoor HP DAIKIN H P-15 VRV VRF Outdoor HP DAIKIN HP-2 VRV / VRF Outdoor HP DAIKIN HP-3 VRV / VRF Outdoor HP DAIKIN BC-1 Branch Circuit Controller DAIKIN BC-2 ;Branch Circuit Controller DAIKIN BC-3 !Branch Circuit Controller DAIKIN BC-4 _----'Branch Circuit Controller DAIKIN BC-5 ! Branch Circuit Controller DAIKIN BC-6 Branch Circuit Controller DAIKIN BC-7 _ _iBranch Circuit Controller DAIKIN BC-8 jBranch Circuit Controller DAIKIN BC-9 Circuit Controller DAIKIN AC-0-1 _!Branch jVRF Fan Coil DAIKIN AC-0-2 JVRF Fan Coil DAIKIN AC-0-3 VRF Fan Coil DAIKIN AC-1-01 VRF Fan Coil DAIKIN AC-1-02 _ VRF Fan Coil DAIKIN AC-1-03 VRF Fan Coil DAIKIN AC-1-04 VRF Fan Coil DAIKIN AC-1-OS VRF Fan Coil DAIKIN AC-1-06 VRF Fan Coil DAIKIN AC-1-07 VRF Fan Coll DAIKIN AC-1-08 VRF Fan Coil DAIKIN AC-1-09 VRF Fan Coil DAIKIN AC-1-10 _ VRF Fan Coil 'DAIKIN AC-1-11 VRF Fan Coil DAIKIN AC-1-12 ' VRF Fan Coil DAIKIN AC-1-13 VRF Fan Coil DAIKIN AC-1-14 _ jVRF Fan Coil DAIKIN AC-1-15 ;VRF Fan Coil DAIKIN AC-1-16 VRF Fan Coil `DAIKIN AC-2-1 _ 7VRF Fan Coil DAIKIN Address: 10210 E Sprague Ave. Spokane Valley, WA 99206 REYQ288TYDN, REYQ144TYDN, REYQ336TYDN, REYQ168TYDN, REYQ408TYDN, REYQ168TYDN, REYQ456TYDN, REYQ168TYDN, Branch Circuit Controller 'Branch Circuit Controller ch Grcuit Contr Branoller _ `Branch Circuit Controller Branch Circuit Controller Branch Circuit Controller Branch Circuit Controller Branch Circuit Controller Branch Circuit Controller VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil _._ _. ..... VRF Fan Coil ... ._... VRF Fan Coll VRF Fan Coil VRF Fan Coil VRF Fan Coil VRF Fan Coil QTY 3 Spokane Valley City Hall CITY 3 ;Spokane Valley City Hall QTY 4 Spokane Valley City Hall QTY 4 Spokane Valley City Hall BS4Q54TVJ Spokane Valley City Hall BS4Q54TVJ 'Spokane Valley City Hall BS4Q54TVJ ,Spokane Valley City Hall BS4Q54TVJ Spokane Valley City Hall BS4Q54TVJ Spokane Valley City Hall _ B54Q54TVJ Spokane Valley City Hall BS4Q54TVJ Spokane Valley City Hall BS4Q54TVJ Spokane Valley City Hall BS4Q54TVJ Spokane Valley City Hall 30 Spokane Valley City Hall 24 SSpokane Valley City Hall 36 Spokane Valley City Hall 12 Spokane Valley City Hall 72 Spokane Valley City Hall 72 'Spokane Valley City Hall Spokane Valley City Hall 24 18 a Spokane Valley City Hall 15 Spokane Valley City Hall 18 Spokane Valley City Hall Spokane Valley City Hall 15 15 Spokane Valley City Hall 15 Spokane Valley City Hall Spokane Valley City Hall Spokane Valley City Hall Spokane Valley City Hall Spokane Valley City Hall Spokane Valley City Hall Spokane Valley City Hall 96 72 9 72 9 48 30 Spokane Valley City Hall NA --Coil Cleaning 1x NA -- Coil Cleaning Ix NA --Coil Cleaning 1x NA -- Coil Cleaning ix NA NA NA NA NA NA NA NA NA WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE WASHABLE M., o, � Spokane Valley City Hall . AC-2-2 VRF Fan Coil DAIKIN VRF Fan Coil 72 Spokane Valley City Hall WASHABLE AC-2-3 VRF Fan Coil DAIKIN VRF Fan Coil 48 Spokane Valley City Hall WASHABLE AC-2-4 : VRF Fan Coil DAIKIN VRF Fan Coil 7 Spokane Valley City Hall WASHABLE AC-2-5 VRF Fan Coil DAIKIN VRF Fan Coil 36 Spokane Valley City Hall WASHABLE AC-2-6 VRF Fan Coil DAIKIN VRF Fan Coil 30 Spokane Valley City Hall WASHABLE AC-2-7 VRF Fan Coil DAIKIN VRF Fan Coil 54 'Spokane Valley City Hall------��ttIWASHABLE AC-2-8 VRF Fan Coil DAIKIN VRF Fan Coil 15 Spokane Valley City HaI�ASHABLE AC-2-9 VRF Fan Coll DAIKIN VRF Fan Coil 96 Spokane Valley City Hall WASHABLE AC-2-10 VRF Fan Coil DAIKIN VRF Fan Coil 36 Spokane Valley City Hall , !WASHABLE AC-3-1 'VRF Fan Coil DAIKIN VRF Fan Coil 18 _ Spokane Valley City Hall WASHABLE AC-3-2 'VRF Fan Coil DAIKIN VRF Fan Coil 7 .Spokane Valley City Hall WASHABLE AC-3-3 VRF Fan Coil DAIKIN VRF Fan Coil 18 Spokane Valley City Hall WASHABLE AC-3-4 VRF Fan Coil DAIKIN_ VRF Fan Coil 9 Spokane Valley City Hall WASHABLE AC-3-5 VRF Fan Coil DAIKIN VRF Fan Coil 72 Spokane Valley City Hall WASHABLE AC-3-6 VRF Fan Coil DAIKIN VRF Fan Coil 36 Spokane Valley City Hall WASHABLE AC-3-7 VRF Fan Coil DAIKIN VRF Fan Coil 36 Spokane Valley City Hall WASHABLE AC-3-8 VRF Fan Coil DAIKIN VRF Fan Coil 12 Spokane Valley City Hall WASHABLE AC-3-9 VRF Fan Coil DAIKIN VRF Fan Coll 30 Spokane Valley City Hall WASHABLE AC-3-10 VRF Fan Coil DAIKIN VRF Fan Coil 7 Spokane Valley City Hall WASHABLE AC-3-11 VRF Fan Coil DAIKIN VRF Fan Coil 18-� Spokane Valley City Hall WASHABLE AC-3-12 VRF Fan Coil DAIKIN VRF Fan Coil 30 Spokane Valley City Hall WASHABLE AC-3-13 :VRF Fan Coil DAIKIN VRF an Coil 30 'Spokane Valley City Hall WASHABLE AC-3-14 VRF Fan Coil DAIKIN VRF Fan Coil 18 Spokane Valley City Hall WASHABLE AC-3-15 VRF Fan Coil DAIKIN VRF Fan Coil 36 _ Spokane Valley City Hall WASHABLE AC-3-16 'VRF Fan Coil DAIKIN VRF Fan Coil 12 Spokane Valley City Hall WASHABLE AC-3-17 . VRF Fan Coil DAIKIN VRF Fan Coil 18 ISpokane Valley City Hall WASHABLE AC-3-18 .:VRF Fan Coil DAIKIN VRF Fan Coil ,72 Spokane Valley City Hall WASHABLE DAC-1 Ductless Fan Coil DAIKIN Ductless Fan Coil IFCQ42PAVJU ISpokane Valley City Hall WASHABLE DAC-2 Ductless I, Ductless Fan Coil DAIKIN Ductless Fan Coil FCQ42 PAVJU .Spokane Valley City Hall WASHABLE - DAC-3 Ductless Fan Coil ..... _.___. DAIKIN _ Ductless Fan Coil <FCQ42PAVJU 'Spokane Valley City Hall WASHABLE 6CU-1 Ductless Condensing Unit DAIKIN Ductless Condensing Unit 'RZR42PVJU Spokane Valley City Hall NA 6C6-2 Ductless Condensing Unit DAIKIN Ductless Condensing Unit RZR42PVJU Spokane Valley City Hall NA 666-3 Ductless Condensing Unit DAIKIN Unit Heater (Electric) RZR42PVJU Spokane Valley City Hall 'NA �instry �n ur rw. swmo Equipment Is or: Spokane ValleyCity Hall Address: 10210 E Sprague Ave. Spokane Valley, WA 99206 UH-1 Unit Heater (Electric) Indeeco Unit Heater (Electric) UCI Spokane Valley City Hall NA UH-2 Unit Heater (Electric) Indeeco Unit Heater (Electric) UCI :.Spokane Valley City Hall NA UH-3 Unit Heater (Electric) Indeeco Unit Heater (Electric) UCI 7:77==Spokane Valley City Hall NA UH-4 Unit Heater (Electric) Indeeco Unit Heater (Electric) UCI ISpokane Valley City Hall NA BB-1 Base board Electric Heater Runtal Baseboard Electric Heater E83-208D Spokane Valley City Hall NA BB-2 ;Base board Electric Heater lRuntal Baseboard Electric Heater E133-208D Spokane Valley City Hall NA EF-1 :Exhaust Fan Greenheck Exhaust Fan SQ-95-VG Spokane Valley City Hall NA EF-2 Exhaust Fan 'Greenheck Exhaust Fan SQ-95-VG Spokane Valley City Hall NA ERV-1 Energy recovery Ventilator DAIKIN Heat Wheel CAH013GVDM Spokane Valley City Hall INCLUDED TED snedUie / Taskir For: c « fastrJ/ Address 18 Ave. SpokaneYay,wA442ti6 ` = _ms _- **See 'Specific Scope' for additional services and clarifications MJ = Major Insp. / MI = Minor Insp. / AN = Annual Insp./OP = Operational Insp./ FC = Filter Change / CC = Coil Cleaning / OIL = Oil Analysis / BC=Belt Change/ TB = Tube Brushing HP-1N VRV /VRF Outdoor HP REYQ288TYDN, REYQ144TYDN, MJ / CC MJ / CC HP-15 VRV / VRF Outdoor HP REYQ336TYDN, REYQ168TYDN, MJ / CC MJ / CC HP-2 VRV / VRF Outdoor HP REYQ408TYDN, REYQ168TYDN, MJ / CC MJ / CC HP-3 VRV / VRF Outdoor HP REYQ456TYDN, REYQ168TYDN, MJ / CC MJ / CC BC-1 Branch Circuit Controller Branch Circuit Controller MJ MJ BC-2 Branch Circuit Controller Branch Circuit Controller M1 MJ BC-3 Branch Circuit Controller Branch Circuit Controller M1 MJ BC-4 Branch Circuit Controller Branch Circuit Controller MJ MJ BC-5 Branch Circuit Controller Branch Circuit Controller MJ MJ jBC-6 Branch Circuit Controller Branch Circuit Controller MJ MJ BC-7 Branch Circuit Controller Branch Circuit Controller MJ MJ Branch Circuit Controller Branch Circuit Controller MJ MJ IBC-8 BC-9 Branch Circuit Controller Branch Circuit Controller MJ MJ !AC-0-1 VRF Fan Coil VRF Fan Coil MJ MJ ';AC-0-2 VRF Fan Coil VRF Fan Coil MJ MJ AC-0-3 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-01 VRF Fan Coil VRF Fan Coil MJ MJ !AC-1-02 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-03 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-04 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-OS VRF Fan Coil VRF Fan Coil MJ MJ AC-1-06 VRF Fan Coil VRF Fan Coil MJ MJ jAC-1-07 VRF Fan Coil VRF Fan Coil MJ MJ jAC-1-08 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-09 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-10 VRF Fan Coil VRF Fan Coil MJ MJ �AC-1-11 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-12 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-13 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-14 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-15 VRF Fan Coil VRF Fan Coil MJ MJ AC-1-16 VRF Fan Coil VRF Fan Coil MJ MJ AC-2-1 VRF Fan Coil VRF Fan Coil MJ MJ AC-2-2 VRF Fan Coil VRF Fan Coil MJ MJ AC-2-3 VRF Fan Coil VRF Fan Coil MJ MJ AC-2-4 VRF Fan Coil VRF Fan Coil MJ MJ instry ile Ol reel pui/p/ep Shedule / Tasking For: Spokane Valley city Hall Address: **See 'Specific Scope' for additional services and clarifications 10210 E Sprague Ave. Spokane Valley, WA 99206 M1 = Major Insp. / MI = Minor Insp. / AN = Annual Insp. / OP = Operational Insp. / FC = Filter Change / CC = Coil Cleaning / OIL = Oil Analysis / BC=Belt Change / TB = Tube Brushing AC-2-5 VRF Fan Coil VRF Fan Coil MJ AC-2-6 VRF Fan Coil VRF Fan Coil MJ AC-2-7 VRF Fan Coil VRF Fan Coil MJ AC-2-8 VRF Fan Coil VRF Fan Coil MJ AC-2-9 VRF Fan Coil VRF Fan Coil MJ AC-2-10 VRF Fan Coil VRF Fan Coil MJ AC-3-1 VRF Fan Coil VRF Fan Coil MJ AC-3-2 VRF Fan Coil VRF Fan Coil MJ AC-3-3 VRF Fan Coil VRF Fan Coil MJ AC-3-4 VRF Fan Coil VRF Fan Coil MJ AC-3-5 VRF Fan Coil VRF Fan Coil MJ AC-3-6 VRF Fan Coil VRF Fan Coil MJ AC-3-7 VRF Fan Coil VRF Fan Coil MJ AC-3-8 VRF Fan Coil VRF Fan Coil MJ AC-3-9 VRF Fan Coil VRF Fan Coil MJ AC-3-10 VRF Fan Coil VRF Fan Coil MJ AC-3-11 VRF Fan Coil VRF Fan Coil MJ AC-3-12 VRF Fan Coil VRF Fan Coil MJ AC-3-13 VRF Fan Coil VRF Fan Coil MJ AC-3-14 VRF Fan Coil VRF Fan Coil MJ AC-3-15 VRF Fan Coil VRF Fan Coil MJ AC-3-16 VRF Fan Coil VRF Fan Coil M1 AC-3-17 VRF Fan Coil VRF Fan Coil MJ AC-3-18 VRF Fan Coil VRF Fan Coil MJ DAC-1 Ductless Fan Coil Ductless Fan Coil MJ DAC-2 Ductless Fan Coil Ductless Fan Coil MJ DAC-3 Ductless Fan Coil Ductless Fan Coil MJ DCU-1 Ductless Condensing Unit Ductless Condensing Unit MJ DCU-2 Ductless Condensing Unit Ductless Condensing Unit MJ / CC DCU-3 Ductless Condensing Unit Unit Heater (Electric) MJ / CC UH-1 Unit Heater (Electric) Unit Heater (Electric) MJ / CC UH-2 Unit Heater (Electric) Unit Heater (Electric) MJ UH-3 Unit Heater (Electric) Unit Heater (Electric) MJ UH-4 Unit Heater (Electric) Unit Heater (Electric) MJ BB-1 Base board Electric Heater Baseboard Electric Heater MJ BB-2 Base board Electric Heater Baseboard Electric Heater MJ EF-1 Exhaust Fan Exhaust Fan MJ EF-2 Exhaust Fan Exhaust Fan MJ ERV-1 Energy recovery Ventilator Heat Wheel MJ 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. They are equipped to respond quickly and efficiently to all requests. Every time you request service, your issue is time and date stamped for prioritizing and tracking purposes. Listed below, are your service contacts, their phone numbers and email addresses and a brief description of their responsibilities. We encourage you to contact any team members as they are dedicated to providing you the highest quality service in the Northwest. These contacts are available during standard business hours of 7:00 AM to 4:30 PM. For after hours emergency service, see our emergency response procedures. OPERATIONS/DISPATCH TEAM Dispatch phone: (509) 625-3100 Our operation coordinator is your first point of contact for service calls, arranging repair or scheduled maintenance visits scheduling field technicians in addition to billing, collections and other operational issues. SERVICE ACCOUNT EXECUTIVE Kiel Hutchinson phone: (208) 446-4500 kielh@mckinstr-y.com Your Account Executive is responsible for maintaining personal contact with you and assuring that McKinstry Service meets and exceeds your expectations. In addition, he will serve as your liaison with all other departments within McKinstry and is responsible for aligning you with any McKinstry resources you need to help you take care of your facility. DEPARTMENT MANAGERS Operations Director Steve Knowles phone: (406) 880-6474 stevekn@mckinstry.com Our Operations/Dispatch, Billing, Service Technicians and Account Executive all report to our Regional Service Leader. If you have questions about our processes or issues with our Service Team, feel free to talk to our Operations Director Business Unit Manager Paul Steinheiser phone: (206) 391-1673 pauls@mckinstry.com Our Business Unit Manager is responsible for assuring that your entire service experience meets and exceeds your expectations. Please contact him if you have comments, positive or negative, on our performance or if your regular contact is not available. McKinstry Service has a large fleet of vehicles with licensed, union trained technicians available to respond to your needs. Each on -call technician is permanently assigned with the needed technology and smart -phone to enable quick response to emergency situations. MCKINSTRY EMERGENCY RESPONSE REGULAR SERVICE CALLS: (509) 625-3100 the switchboard will direct your call (Normal working hours are Monday - Friday, 7:00 AM - 4:30 PM). EMERGENCY SERVICE AFTER HOURS: (509) 625-3100 (You will be connected to our after-hours operator.) For non -emergency or next business day service messages (after-hours), call (509) 482-2775 and you will be transferred to our after-hours operator. Your call will be returned the next normal business morning. r r Of Your Building 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) ensure 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 service requirements due to power failure; (d) damage caused by freezing; (e) work required by government codes, building and union regulations; (f) repair of damage or increase in service time resulting from accident, transportation, relocation, neglect, misuse, or other than ordinary use; (g) repair to equipment located in an unsuitable place of installation or an unsafe or hazardous environment; (h) emergency calls resulting from system design problems; (i) non-moving or non -maintainable parts, heat exchangers (all styles), coils, ductwork, and boiler vessels. Plumbing services and energy management and emergency calls resulting from energy management activities will only be included if specifically noted and agreed to within the Scope of Services.M HAZARDOUS MATERIALS Customer acknowledges that McKinstry's obligation under this service agreement and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes or hazardous materials, or any fungus(es) or spore(s); substance, vapor or gas produced by or arising out of any fungus(es) or spore(s); or any material, product, building component or structure that contains, harbors, nurtures or acts as a medium for any fungus(es) or spore(s). In the event such substances, wastes and materials are encountered, McKinstry's sole obligation will be to notify the Customer of their existence. McKinstry shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. The time for completion of the work shall be extended to the extent caused by the suspension and the contract price equitably adjusted.m DISPOSAL Customer agrees to allow disposal of all replaced filters on site. If filter disposal is not allowed on premises, customer agrees to reimburse McKinstry for labor to transport and dispose of filters off site. WARRANTY McKinstry warrants that the work will be performed in a good and workmanlike manner consistent with applicable industry standards. This warranty will be in effect for a period of thirty (30) days from the completion of any Services. Repair work, excluding clearing stoppage, guaranteed for one (1) year. Any warranty of goods or materials shall only be that of the manufacturer. Charges for labor will be made for replacement of manufacturer's materials if deemed defective due to poor workmanship by 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) any Deliverable that is damaged after acceptance by Customer, (iv) any deliverable that is damaged after acceptance by Customer by abuse, misuse, operation other than in accordance with applicable documentation or through Customer's failure to perform routine or required maintenance, or (v) any failure of a Deliverable to be compatible with any other systems or operating environment unless such compatibility was set forth as an applicable requirement in the applicable SOW. Customer's sole and exclusive remedy and McKinstry's entire liability for any cause of action will be to promptly re -perform any Services at McKinstry's expense or refund to Customer the fees incurred by McKinstry for that Statement of Work that gave rise to the liability. Except as expressly set forth above, McKinstry is providing the Services and the Deliverables "as is" and "with all faults" and without any warranties or representations. McKinstry hereby disclaims all implied warranties, including any warranty of fitness for a particular purpose, any warranty of merchantability and any warranty of non -infringement. RRI01146 AM ENDMENT, This agF@-FR@Rt FA2Y RGt b@ 2FR@Rd@d OXG6pt PU s—nt to a writtan 2mandrAORt 6 gRed bY aR a WthGF aLd s g. .......... f @@Gh P2 Fty- OUR WARRANTY TO THE CUSTOMER: McKinstry warrants to use the industry standard knowledge, efforts, skill and judgement generally applicable within the area to inspect and service the equipment listed in the Scope of Coverage in accordance with the schedule and task list of the Service Agreement. This warranty will be in effect for a period of thirty (30) days from the completion of any service. McKinstrywill 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. 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 within 30 days of discovery of the defect.® IEXvtko►�_ 6 MCKICn_401 M.InHNSON '44CoR6 CERTIFICATE OF LIABILITY INSURANCE 1114� DATE(MMIDD/YYYY) 4/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hub International Northwest LLC PO Box 3018 Bothell, WA 98041 CONTACT NAME: PHONE FAX (A/C, No, Ext): (425) 489-4500 (A/C, No):(425) 485-8489 ADDRIESS: now.info@hubinternational.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:The Travelers Indemnity Company 25658 INSURED INSURER B : Travelers Property Casualty Company of America 25674 INSURER C : McKinstry Co. LLC INSURER D : PO Box 24567 Seattle, WA 98124-0567 INSURER E INSURER F : Ct7VFROt;FS CFRTIFICOTF NIIMRFP- RFVISInN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR WA Stop Gap X X VTC2K-CO-5643B901-IND-25 1/3112025 3l1/2026 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300,000 $ X GEN'L MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 2,000,600 AGGREGATE LIMIT APPLIES PER: POLICY [X] JECT E LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -AWNED AUTOS ONLY AUTOS ONLY VTC2J-CAP-5643B913-TIL-25 1/31/2025 3/1/2026 COMBINED SINGLE LIMIT Ea accident 2,000,000 $ X BODILY INJURY Per person)$ I BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION ANDEMPLOYERTLIABILITY YIN PROPRIETOR OFFICERIMEMBER/PARTNER/EEXCLUDED? ECUTIVE ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA VTC2K-CO-5643B901-IND-25 1/31/2025 3/1/2026 PER X OTH- TAT T ER E.L. EACH ACCIDENT 1,000,ANY 000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Contract NO.24-190 Spokane Valley City Hall HVAC Preventative Maintenance 2024 City of Spokane Valley is included as Additional Insured, coverage is primary and non-contributory and waiver of subrogation applies per the attached forms/endorsements. City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number VTC2K-CO-5643B901-IND-25 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that: a. You agree in a written contract or agreement to include as an additional insured on this Coverage Part; and b. Has not been added as an additional insured for the same project by attachment of an endorse- ment under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. Only as described in Paragraph (1), (2) or (3) be- low, whichever applies: (1) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured — Owners, Les- sees or Contractors — (Form B) endorse- ment CG 20 10 11 85; or (b) Either or both of the following: the Addi- tional Insured — Owners, Lessees or Con- tractors — Scheduled Person Or Organi- zation endorsement CG 20 10 10 01, or the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; the person or organization is an additional in- sured only if the injury or damage arises out of "your work" to which the written contract or agreement applies; (2) If the written contract or agreement specifical- ly requires you to provide additional insured coverage to that person or organization by the use of: (a) The Additional Insured — Owners, Les- sees or Contractors — Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, Lessees or Contrac- tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Addi- tional Insured — Owners, Lessees or Con- tractors — Scheduled Person Or Organi- zation endorsement CG 20 10, or the Ad- ditional Insured — Owners, Lessees or Contractors — Completed Operations en- dorsement CG 20 37, without an edition date of such endorsement specified; the person or organization is an additional in- sured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies; or (3) If neither Paragraph (1) nor (2) above applies: (a) The person or organization is an addi- tional insured only if, and to the extent that, the injury or damage is caused by acts or omissions of you or your subcon- tractor in the performance of "your work" to which the written contract or agree- ment applies; and (b) Such person or organization does not qualify as an additional insured with re- spect to the independent acts or omis- sions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agree- ment, the insurance provided to the additional in- sured will be limited to such minimum required limits. For the purposes of determining whether CG D6 04 02 19 0 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required by the written contract or agreement will be con- sidered to include the minimum limits of any Um- brella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional archi- tectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" un- less the written contract or agreement specifi- cally requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the fol- lowing duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: (a) Immediately record the specifics of the claim or "suit' and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit' as soon as practicable. (3) Immediately send us copies of all legal pa- pers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit' to any provider of other insur- ance which would cover such additional in- sured for a loss we cover. However, this con- dition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organiza- tion as a named insured as described in Par- agraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2017 The Travelers Indemnity Company. All rights reserved. CG D6 04 02 19 POLICY NUMBER: VTC2KC05643B901IND25 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - DESIGNATED ADDITIONAL INSUREDS - PRIMARY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF DESIGNATED ADDITIONAL INSUREDS Any person or organization that qualifies as an additional insured under such other endorsement to this Coverage Part, if you agree in a written contract to include such person or organization as an additional insured on this Coverage Part and such written contract: a. Specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis; and b. Was signed and executed by you before, and is in effect when, the "bodily injury" or 11property damage" occurs or the "personal injury" or "advertising injury" offense is committed PROVISIONS The following is added to Paragraph 4.a., Primary Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance afforded under this Coverage Part to any additional insured shown in the Schedule Of Designated Additional Insureds is primary to any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance. CG D4 26 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: VTC2KC05643B901IND25 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured —Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability — Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership, joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or SUBSIDIARIES b. A trust; The following is added to SECTION II — WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or The following is added to SECTION 11 — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liabi lity for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: b. After the date, if any, during the policy period a. Any "bodily injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50% in such subsidiary. operations performed for the governmental For purposes of Paragraph 1. of Section II — Who entity; or Is An Insured, each such subsidiary will be b. Any "bodily injury" or "property damage" deemed to be designated in the Declarations as: included in the "products -completed operations hazard". CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION I — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY — RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 © 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. Paragraph f.(1) of the definition of "insured contract' in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: COMMERCIAL GENERAL LIABILITY a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: VTC2KC0564313901IND25 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE — LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS LIMITS OF INSURANCE Total Aggregate Limit $ 25, 000, 000 (Other Than Projects and Products -Completed Operations) Designated Location Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) Designated Project Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) General Aggregate Limit $ 4,000,000 (Other Than Products -Completed Operations) Designated Projects: Each "project" away from premises owned by or rented to you Designated Locations: Each premises owned by or rented to you Designated Locations: Each premises owned by or rented to you PROVISIONS 1. The General Aggregate Limit (Other Than Products -Completed Operations) shown in the Declarations is replaced by the Limits of Insurance shown in the Schedule — Limits Of Insurance And Designated Projects And Locations. 2. The following replaces Paragraph 1. of SECTION III — LIMITS OF INSURANCE: 1. The Limits of Insurance shown in the Declarations or the Schedule — Limits Of Insurance And Designated Projects And Locations, whichever apply, and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; CG D4 69 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Persons or organizations making claims under Coverage B. Instead, the or bringing "suits"; or General Aggregate Limit described in d. "Projects" or "locations". Paragraph 2.d. below applies to such damages. 3. The following replaces Paragraph 2. of SECTION III — LIMITS OF INSURANCE: (5) Any payments made for damages or medical expenses to which the 2. a. The Total Aggregate Limit shown in the Designated Project Aggregate Limit Schedule — Limits Of Insurance And applies will reduce the Designated Designated Projects And Locations is the Project Aggregate Limit for the most we will pay for the sum of all applicable "project". Such payments amounts under the Designated Location will not reduce the Total Aggregate Aggregate Limit and all amounts under Limit, the General Aggregate Limit the General Aggregate Limit. This described in Paragraph 2.d. below, includes: the Designated Project Aggregate (1) Damages under Coverage A, except Limit for any other "project" or the damages because of "bodily injury" or Designated Location Aggregate Limit. "property damage" included in c. Subject to the Total Aggregate Limit the "products -completed operations described in Paragraph 2.a. above, the hazard"; Designated Location Aggregate Limit (2) Damages under Coverage B; and shown in the Schedule — Limits Of (3) Medical expenses under Coverage C. Insurance And Designated Projects And b. The Designated Project Aggregate Limit Locations applies and is further subject to shown in the Schedule — Limits Of all of the following provisions: Insurance And Designated Projects And (1) The Designated Location Aggregate Locations applies and is further subject to Limit is the most we will pay for the all of the following provisions: sum of: (1) The Designated Project Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Coverage C for "bodily injury" caused by accidents; that can be attributed only to operations at a single "project". (2) The Designated Project Aggregate Limit applies separately to each "project". (3) The Designated Project Aggregate Limit does not apply to damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard". Instead, the Products -Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (4) The Designated Project Aggregate Limit does not apply to damages (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Coverage C for "bodily injury" caused by accidents; that can be attributed only to operations at a single "location". (2) The Designated Location Aggregate Limit applies separately to each "location". (3) The Designated Location Aggregate Limit does not apply to damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard". Instead, the Products -Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (4) The Designated Location Aggregate Limit does not apply to damages ssunder Coverage B. Instead, the General Aggregate Limit described in Page 2 of 3 © 2017 The Travelers Indemnity Company. All rights reserved. CG D4 69 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Paragraph 2.d. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Designated Location Aggregate Limit applies will reduce: (a) The Total Aggregate Limit; and (b) The Designated Location Aggregate Limit for the applicable "location". Such payments will not reduce the General Aggregate Limit described in Paragraph 2.d. below, the Designated Project Aggregate Limit or the Designated Location Aggregate Limit for any other "location". d. Subject to the Total Aggregate Limit described in Paragraph 2.a. above, the General Aggregate Limit shown in the Schedule — Limits Of Insurance And Designated Projects And Locations applies and is further subject to all of the following provisions: (1) The General Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A because of "bodily injury" and "property damage" caused by "occurrences", and medical expenses under Coverage C for "bodily injury" caused by accidents, that cannot be attributed only to operations at a single "project" or a single "location"; and (b) Damages under Coverage B. (2) The General Aggregate Limit does not apply to damages for "bodily injury" or "property damage" included in the "products -completed oper- ations hazard". Instead, the Products -Completed Operations Aggregate Limit described in Paragraph 3. below applies to such damages. (3) Any payments made for damages or medical expenses to which the COMMERCIAL GENERAL LIABILITY General Aggregate Limit applies will reduce: (a) The Total Aggregate Limit; and (b) The General Aggregate Limit. Such payments will not reduce the Designated Project Aggregate Limit for any "project" or the Designated Location Aggregate Limit for any "location". 4. The following replaces Paragraph 3. of SECTION III — LIMITS OF INSURANCE: 3. The Products -Completed Operations Aggre- gate Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard". Any payments made for such damages will not reduce the Total Aggregate Limit, the General Aggregate Limit, the Designated Project Aggregate Limit for any "project" or the Designated Location Aggregate Limit for any "location". 5. The following is added to the DEFINITIONS Section: "Location" means any designated location shown in the Schedule — Limits Of Insurance And Designated Projects and Locations that is owned by or rented to you. For the purposes of determining the applicable aggregate limit of insurance, each "location" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "location". "Project" means any designated project shown in the Schedule — Limits Of Insurance And Designated Projects And Locations that is away from premises owned by or rented to you and at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single "project". CG D4 69 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. E cXV tbtA- C From: Daren Everett To: Candice Powers -Henderson Subject: McKinstry / Retainage Date: Thursday, April 17, 2025 10:31:51 AM Attachments: imaae001.ona imaae002.r)na Candice, See below for McKinstry's preference for retainage: Hi Darren, McKinstry would prefer retainage over procuring a bond. Still awaiting the COI, but that's on me... For some reason I read W9.. I would hope to have this by the end of the day Be in touch once I get the document. Thanks for your patience! Kiel Hutchinson Account Executive --Construction CW.-Eq (208)446-4500 Together, building a thriving planet. www,mckinstry.com Daren Everett // Maintenance Lead 10210 E. Sprague Ave // Spokane Valley, WA 99206 Phone: 509-720-5113 Cell 509-867-6657 // deverettCcD.SDokanevalleywa oov ,;oo*Ualle3'' This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW.