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AG 24-040 - MACDONALD-MILLER
RETURN TO: AUTUMN GRESSETT EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ. BY:11/15/2023 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) * PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: HVAC CONTROSL UPGRADES & PERFORMANCE MANAGEMENT SERVICES 6. NAME OF CONTRACTOR: MACDONALD-MILLER FACILITY SOLUTIONS, LLC ADDRESS: 17930 INTERNATIONAL BLVD, STE 120, SEATTLE, WA 98188 TELEPHONE 206-768-3998 & MAIL: RORY.OLSON@MACMILLER.COM FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: �� f5 OPE, WORK OR SERVICES 2 COMP SATION It INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS f'PROOF OF AU-nionrY'r0 SIGNI V REQUIRED LICENSES ❑ PRIOR CO.NTRACTIAMENDMENTS 8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: AUGUST 31, 2025 9. TOTAL COMPENSATION $466,019.17 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES © NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ®NO IF YES, $ PAID BY. IS CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ® PROJECT MANAGER AG 11/2/2023 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ® LAW JE 11/15/23 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 1/23/2024 COUNCIL APPROVAL DATE: 2/6/2024 12. CONTRACT SIGNATURE ROUTING r * SENT TO VENDOR/CONTRACTOR DATE SENT: 2M2024 DATE REC'D: * ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED �4' DEPARTMENT ►r(aIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# AG# COMMENTS: Changes and comments in each document. JE 11/15/23 2/2017 CITY OF t-- Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com PUBLIC WORKS CONTRACT FOR HVAC CONTROLS UPGRADES AND PERFORMANCE MANAGEMENT SERVICES THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this day of e t• , 20s2_V_ and is made by and between the City of Federal Way, a Washington municipal corporation ("City or City'), and MacDonald -Miller Facility Solutions, LLC, a Washington limited liability company ("Contractor"), for the project known as HVAC Controls Upgrade and Performance Management Services (the "Project"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete HVAC Controls Upgrades and Performance Management Services at the following facilities: (1) City Hall, located at 33325 81h Ave S; (2) Federal Way Community Center, located at 876 S 333rd St; and (3) Federal Way Performing Arts and Event Center, located at 31510 Pete von Reichbauer Way S; each in Federal Way, Washington ("Property" or "Properties"); and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions: SERVICES BY CONTRACTOR 1.1 Contractor shall perform all Work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the Project. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors and in accordance with and as described in the Contract Documents and as more specifically described in Appendix A, which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 The Contract Documents as referenced in this Agreement, include, without limitation, the following: (1) this Contract Agreement; (2) Contract Change Order Form; (3) Contractor's Retainage Option; (4) Retainage Bond to City of Federal Way; (5) Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment (6) Certificate(s) of Insurance Form; (7) Performance / Payment Bond; (8) Title VI Assurances (9) Scope of Work - attached as Appendix A; (10) Current Prevailing Wage Rates attached as Appendix B; (11) Warranties attached as Appendix C; (12) 2023 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction, together with the APWA Supplemental (Division 1) ("Standard Specifications") attached as Appendix D; (13) The Request for Bids packet including the Bidder's submittal, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, and Contractor's Compliance Statement, (collectively the "Contract Documents"); and (14) All other Appendices attached hereto and incorporated by this reference. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 1 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF CITY HALL �� I ��� 8th Avenue South Feder ©r Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 2. TERM 2.1 This Contract shall commence on the effective date of this Contract and continue until the Project is formally accepted as complete by the City Council, Notice of Project Completion is filed with State agencies, and all bonds for the Project are released by the City. 2.2 Completion Date. The component upgrade Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The component upgrade portion of the Work shall be completed on or before within 164 working days. The preventative maintenance schedule and performance management services Work shall be completed on or before 248 working days immediately following the completion of the component upgrades. 2.3 With regard to obtaining Substantial Completion and the Completion Date by the Contractor, time is of the essence. The Parties acknowledge that delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision of the Project and diverting City resources from other projects and obligations. In the event the Work is not substantially completed within the time specified in the Contract Documents, Contractor agrees to pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for Physical Completion, and to authorize the Project Manager to deduct these liquidated damages from any money due or coming due to the Contractor. 2.3.1 Liquidated Damages Formula: LD=0.15C/T Where: LD = liquidated damages per working day (rounded to the nearest dollar) C = original Contract amount T = original time for Physical Completion 2.3.2 HVAC CONTROLS REPLACEMENT Liquidated Damages Formula 0.15*$360,991/164 = $330 PER DAY 2.3.3 PREVENTATIVE MAINTENANCE AND PERFORMANCE MANAGEMENT SERVICES Liquidated Damages Formula 0.15*$62,268/248 = $38 PER DAY 2.4 If the Contractor is unreasonably delayed by others, notification shall be made in writing to the Project Manager in accordance with the Contract Documents. Any request for a time extension or additional compensation (including expectancy or consequential damages) allegedly resulting from such delay shall be made in accordance with the procedures of the Contract Documents. Failure to follow the notice procedures in the Contract Documents is a full and complete waiver of Contractor's right to additional time, money, damages, or other relief (including expectancy or consequential damages) as a result of the event or condition giving rise to such request. 3. 3.1 In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed Four Hundred Sixty -Six Thousand Nineteen and 17/100 Dollars ($466,019.17), which amount shall constitute full and complete payment by the City ("Total Compensation"). The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 3.2 The City shall pay the Contractor for Work performed under this Contract as detailed in the Bid Proposal, which is incorporated herein and made a part hereof by this reference, and as detailed in the Contract Documents. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole and absolute discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 2 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY Or = Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com 3.3 In addition to the requirements set forth in the Contract Documents, the Contractor shall maintain Project cost records by cost codes and shall contemporaneously segregate and separately record, at the time incurred, all costs (1) directly associated with each work activity, (2) directly or indirectly resulting from any event, occurrence, condition, or direction for which Contractor seeks an adjustment in Contract price Contract time, or related to any other Claim or protest. Any work performed for which Contractor intends to seek an adjustment in Contract Price or Contract Time, or related to any other Claim or protest, shall be recorded on the same day the work is performed and kept separate so as to distinguish it from Contract Work. 4. INDEPENDENT CONTRACTOR 4.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall not conduct itself as nor claim to be an officer or employee of the City. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Nothing contained in this Contract shall create a contractual or direct relationship with or a cause of action in favor of a Subcontractor or third party against the City, or by the Contractor against the Project Manager, or against any of their agents, employees, engineers, or consultants. 4.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 5. INDEMNIFICATION 5.1 Contractor Indemnification. 5.1.1 The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, employees, agents, consultants, and volunteers (collectively "the Indemnified Parties") harmless from any costs or losses, and pay and damages or judgments, related to any claim brought by any person employed in any capacity by the Contractor or subcontractor or supplier (of any tier) performing the Work, with respect to the payment of wages, salaries, or other compensation or benefits including but not limited to benefits such as medical, health, retirement, vacation, sick leave, etc. 5.1.2. To the fullest extent permitted by law, the Contractor shall defend, release, indemnify, and hold harmless the City and the Indemnified Parties for, from, and against any and all claims, demands, losses, costs, damages, suits, actions, expenses, fines, penalties, response costs, and liabilities (including costs and all attorney and expert fees and internal personnel costs of investigation) of whatsoever kind or nature to the extent arising from, resulting from, connected with, or incident to the Contractor's performance or failure to perform this Contract or the Work or its breach of this Contract; provided, however, that if the provisions of RCW 4.24.155 apply to the Work and any injuries to persons or property arising out of the performance of this Contract are caused by or result from the concurrent negligence of the Contractor or its subcontractors, agents, employees, or anyone for whom they are legally liable, and an Indemnified Party, the indemnification and defense obligations under this Section 5.1.2 apply only to the extent of the negligence of the Contractor, its subcontractors, agents, employees, and anyone for whom they are legally liable. 5.1.3 Contractor specifically assumes potential liability for actions brought by the Contractor's own employees or former employees against any Indemnified Party, and for that purpose Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 3 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF Fe d e ra 1 Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www ciryoffederalway com compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Provided, however, the Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against the Contractor by any Indemnified party, and does not include, or extend to, any claims by the Contractor's employee directly against the Contractor. The Contractor recognizes that this waiver was specifically entered into. 5.2 Contractor Release. Any deviation, alteration, variation, addition, or omission in the Work by Contractor from the Contract Documents shall preclude Contractor from bringing any Claim or request for additional time or compensation on the basis of an alleged defect or error in the Contract Documents related to or arising, in any way, from that deviation, alteration, variation, addition, or omission. The Contractor further warrants that any alteration, variation, deletion, or omission fully complies with or exceeds all requirements of the Contract Documents and assumes all risk thereof. 5.3 Survival. The provisions of this Section shall (1) survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination, final payment hereunder, and any applicable statute of repose with respect to claims, fines, costs or damages brought or made against any Indemnified Party; (2) shall not be limited by RCW` 4.16326(g); and (3) are in addition to any other rights or remedies which the City and/or any of the Indemnified Parties may have by law or under this Contract. 5.4 Offset. In the event of any claim or demand made against any Indemnified Party hereunder, the City may, in its sole discretion, reserve, retain or apply any monies due to the Contractor under the Contract or any other agreement or contract with the City for the purpose of resolving such claims; provided, however, that the City may, in the City's sole discretion, release such funds if the Contractor provides the City with adequate assurance of the protection of the City's and the other Indemnified Parties interests. 5.5 The Contractor shall ensure that each Subcontract includes a provision requiring each Subcontractor to indemnify and defend the City and the Indemnified Parties in the same manner, to the same extent, and for the same duration as Contractor agrees to indemnify and defend the City and the Indemnified Parties in this Section 5. 6. DOCUMENTS AND RECORDS 6.1 All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work, whether or not required to be furnished to the City, shall become the property of the City, shall be delivered to the City at its request, and may be used by the City without restriction. 6.2 The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 6.3 The Contractor acknowledges that documents, information, and other records generated as part of the Work performed under this contract may be subject to disclosure pursuant to the Washington State Public Records Act. Chapter 42.56 RCW. 7. PATENTS, COPYRIGHTS, AND RIGHTS IN DATA 7.1 Any patentable result or material suitable for copyright arising out of this Contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 4 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF �� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 7.2 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this Contract, whether or not complete (referred to in this subsection as "Subject Data"), is hereby irrevocably transferred and assigned to the City and shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. The Contractor shall execute and deliver such instruments and take such other action(s) as may be requested by the City to perfect or protect the City's rights to such Subject Data and work product, and to perfect the assignments and transfers contemplated in Sections 6 and 7. 7.3 All such Subject Data furnished by the Contractor pursuant to this Contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. 7.4 The Contractor shall ensure that substantially the foregoing paragraphs in Sections 6 and 7 are included in each subcontract for the work on the Project. 8. GENERAL PROVISIONS 8.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. In entering into this Contract, neither party has relied upon any statement, estimate, forecast, projection, representation, warranty, action or agreement of the other party except for those expressly contained in the Contract Documents. 8.2 Documents. The documents incorporated by reference, as if fully set forth in this Contract, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. 8.3 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest in accordance with the Contract Documents. 8.4 Change Orders. In addition to its rights under the Contract Documents, the City may unilaterally issue a Change Order at any time making changes within the general scope of the Contract, without invalidating the Contract and without providing notice to sureties. All such change orders shall be in the form of the Contract Change Order Agreement Form included in these Contract Documents, which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. The City's issuance of a unilateral Change Order shall not be construed as a waiver of any rights afforded the City, including its right to reject a prior protest or request for change or Claim due to untimeliness or the Contractor's failure to fully comply with the requirements of the Contract Documents, or to void the unilateral Change Order due to unilateral mistake, misrepresentation, or fraud. 8.5 Total Cost Method / Claims. In no event shall a Total Cost Method or a modified Total Cost Method be used by the Contractor to calculate any adjustments to the Contract price. For the purpose of this provision, any cost method, or variety of cost methods, using the difference between the actual cost of the Work and the Bid or Contract price of the Work to calculate any additional compensation or money owed to the Contractor shall be considered a Total Cost Method. In addition, the City shall not be responsible for, and the Contractor shall not be entitled to, any compensation for unallowable costs. Unallowable costs include, but are not limited CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 5 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF CITY HALL Federal Vila Feder 8th Avenue South Federal Way, WA 98003-6325 �l (253) 835-7000 www cityoffederalway com to: (i) interest or attorneys' fees, except as mandated by statute; (ii) Claim preparation or filing costs; (iii) the costs of preparing notices or protests; (iv) lost profits, lost income, or lost earnings; (v) costs for idle equipment when such equipment is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; (vi) claims consulting costs; (vii) expert fees and costs; (viii) loss of other business; and/or (ix) any other special, consequential, expectancy, incidental, or indirect damages incurred by the Contractor, Subcontractors, or suppliers. 8.6 Warranties and Guarantees. In addition to the requirements of the Contract Documents, the Contractor warrants that all portions of the Work that will be covered by a manufacturer's or supplier's guarantee or warranty shall be performed in such a manner so as to preserve all rights under such guarantees or warranties. If the City attempts to enforce a claim based upon a manufacturer's or supplier's guarantee or warranty and such manufacturer or supplier refuses to honor such guarantee or warranty based, in whole or in part, on a claim of defective installation by the Contractor or a Subcontractor of the Contractor appropriately hired pursuant to the terms of this agreement, the Contractor shall be responsible for any resulting loss or damage, and repairs, incurred by the City as a result of the manufacturer's or supplier's refusal to honor such guarantee or warranty. This obligation survives termination of this Contract. 8.7 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 8.8 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 8.9 Successors In Interest. Subject to the.preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 8.10 Time Limitation and Venue. For the convenience of the Parties to the Contract it is mutually agreed by the Parties that any claims, causes of action, or disputes which the Contractor has against the City arising from the Contract shall be brought within the following time period: (i) 180 calendar days from the date of Substantial Completion for those claims, causes of action, or disputes arising prior to the date of Substantial Completion, and (ii) 180 calendar days from the date of Final Acceptance of the Contract by the City for those claims, causes of action, or dispute arising after the date of Substantial Completion. It is further agreed that the venue for any claim, cause of action, or dispute related to this Contract shall be King County, Washington, which shall have exclusive jurisdiction over any such case, controversy, or dispute. The Parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the Parties that when any claims, causes of action, or disputes which the Contractor asserts against the City arising from the Contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims, action, or dispute. 8.11 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 8.12 Sole AuthoritWDiscretion/,lodgment. Where the Contract Documents provide the City or its Project Manager with "sole" authority, discretion, or judgment, such authority, discretion, or judgment shall be considered unconditional and absolute. 8.13 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 6 of 133 PERFORMANCE, MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF CITY HALL AII Fed a ra Way 33325 Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www cooffederalway com 8.14 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 8.15 Engineer/Project Manager. The Engineer/Project Manager is the City's representative who directly supervises the administration of a public works Contract. The Engineer/Project Manager's authorities, duties, and responsibilities are limited to those specifically identified in the Contract Documents. Designation of an individual or entity as the Engineer for the Project is solely to identify the representative of the City as the entity to act as the Engineer/Project Manager as described in the Contract Documents. Using the term "engineer" does not imply that such entity or person is a licensed professional engineer or an engineering company and does not import any additional obligations upon the actions of the Engineer/Project Manager that may govern licensed professional engineers when performing engineering services. The Project Manager for this Project is designated as: Jason Gerwen, Deputy Parks Director 8.16 Notices. Any notices required to be given to Contractor or to the Project Manager shall be delivered to the Parties 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 herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. CONTRACTOR: MacDonald -Miller Facility Solutions, LLC Attn: Rory Olson 17930 International Blvd, Ste 120 Seatac, WA 98188 PROJECT MANANGER: City of Federal Way Attn: Jason Gerwen 33325 8th Ave S Federal Way, WA 98003 8.17 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 8.18 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 8.19 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 9. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, the Contractor's payment and performance bonds must be conditioned upon: (i) faithful performance of all of the provisions of the Contract, including warranty obligations; (ii) the payment of all laborers, mechanics, Subcontractors, and Suppliers, and all persons who supply such persons with provisions or supplies in carrying out the Work; and (iii) payment of any taxes, liabilities, increases, or penalties incurred on the Project under Titles 50, 51, and 82 RCW which may be due on (a) projects referred to in RCW 60.28.011(1)(b), and (b) projects for which the bond is conditioned on the payment of such taxes, liabilities, increases, or penalties. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 7 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF CITY HALL Fey! a ra I Way Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 10. DEBARMENT AND SUSPENSION 10.1 Debarment and Suspension. Contractor certifies that, except as noted below, the firm, association, or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years (Executive Orders 12549 and 12689, "Debarment and Suspension"). 10.2 Subcontract Approval Required. The Contractor shall not subcontract any portion of this Contract without City approval. Said approval must be sought in writing by the Contractor prior to executing a subcontract. The request for approval shall include Certification regarding Debarment and Suspension and verification of Labor and Industries eligibility. If the City approves in writing any subcontract, this Section shall nevertheless continue in full force and effect. Any subcontract without prior approval shall be void and not reimbursable under this contract. 10.3 Verification of Subcontractor's Eligibility. — 24 C.F.R. § 5. The Contractor shall maintain records documenting that the Contractor, all subcontractors, and consultants have been determined not to be currently debarred, suspended, denied participation, or declared ineligible to participate in federal government funded programs. [signature page to follow] CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 8 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF Federal 1J11ay DATED the day and year set forth above. CITY,Gk FEDERAL WAY• Yederal r Mayo r 8th Avenue South Way, WA 98003-6325 ATTEST: Q ph nie Courtney, Cftt, City Clerk jyPPROVED AS TO FORM: an Call, Cit Attorney b2�- CITY OF FEDERAL WAY GENERAL PUBLIC WORKS CONTRACT Page 9 of 133 VERSION 2023 DEC. CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciiyoffederahvay com HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES - RFB 23-010 c17Y OF Federal Printed Name of Authorized Individual CITY HALL Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 wwwcityoffederatway com 17930 International Blvd, Suite 120 Street Address SeaTac, WA 98188 City, State, Zip NOTARY OF CONTRACTOR'S SIGNATURE: STATE OF WASHINGTON COUNTY OF KING ) ss. On this day personally appeared before me Yr" C' k S � V�t 0,4 S , to me known to be the G!/O of MacDonald -Miller Facility Solutions. LLC that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument. GIVEN under my hand and official seal this ZO * day of R brucar V 201K, AI ❑rishkevich (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 31,19/Zg CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 10 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY ❑F Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com CONTRACT CHANGE ORDER AGREEMENT FORM PROJECT NUMBER AGREEMENT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE HVAC CONTROLS UPGRADE & PERFORMANCE MANAGEMENT SERVICES SUMMARY OF PROPOSED CHANGES: This Change Order covers the work changes summarized below: The time provided for completion in the Contract is CONTRACTOR ❑ Unchanged ❑ Increased by_ Working Day(s) ❑ Decreased by_ Working Day(s) This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No MODIFICATIONS TO UNIT PRICES: PREVIOUS REVISED ITEM NO. ITEM QTY UNIT PRICE UNIT PRICE ADD OR DELETE THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE: ITEM NO. ITEM QTY UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: 11INCREASE $ 1 DECREASE $ DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ NEW CONTRACT AMOUNT $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 11 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF CITY HALL AN Fed a ra I � Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederahvay.. com claims by the Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to Change Order except as specifically described in this Change Order. CONTRACTOR'S SIGNATURE DATE PUBLIC WORKS DIRECTOR DATE Contract Change Order provided for Contractor's reference. Change orders executed during the project will use this form. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 12 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC. SERVICES - RFB 23-010 CITY OF Federal Way CERTIFICATE OF INSURANCE CITY OF FEDERAL WAY GENERAL PUBLIC WORKS CONTRACT Page 13 of 133 VERSION 2023 DEC. CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www wyoffedemlivoy com HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES - RFB 23-010 MACDFAC-01 MJOHNSON '4Ca12U CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 101512023 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(€es) 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 INSURED MacDonald -Miller Facility Solutions, LLC 17930 International Blvd Suite #120 Seatac, WA 98188 jac, rio, E.Q: (425) 489-4500 1 iac, No):(425) 485-8489 E„ INL..r. now.infoRhubinternational.com I INSURER(SI AFFORDING COVERAGE I NAIC # I INSURER A: Continental General Insurance INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 X X 7011451869 6/30/2023 6/30/2024 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTE❑ $ 100,000 MED EXP (Any oneperson) $ 15,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE UMITAPPLIESPER: POLICY 7T LOC OTHER: ENERALAGGREGATE $ 4,000,000 PRODUCTS-COMPJOPAGG $ 4,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NQH�>3 AUTOS ONLY AVUIT Y X X '7011451872 6/30/2023 6/30/2024 COMBINED SINGLE LIMIT $ 2,000,000 X BODILY INJURY JParparson) BODILY INJURY Peracaden PROPERTY MACE P eal $ $ UMBRELLA LIAB EXCESS LIAB HOCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN FFEOEERELUEECUTIVE ❑ XCDD? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A VVC711451886 6/30/2023 6/30/2024 PER T X OTH- TATU1,000,000 E.L.EACH ACCIDENT $OICR/MMB E.L.DISESE-EAEMPLOYE S 1,000,000 E L DIS POLI Y LIMIT 1,000,000 $ I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All Operations City of Federal Way is included as Additional Insured, coverage is primary and non-contributory and waiver of subrogation applies per the attached -forms/endorsements. CERTIFICATE HOLDER City of Federal Way 33325 8th Ave S Federal Way, WA 98003-6325 CANCELLATION 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 `Cal ACORD 25 (2016/03) Page 14 of 133 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. III. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. Additional insured coverage with "arising out of language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. CNA75079XX (3-22) Page 1 of 3 The Continental Insurance Co. Insured Name: MACDONALD -MILLER FACILITY SOLUTIONS gLLC CopyrighCpLVA1AR4hVReserved. Policy NO: 7011451869 Endorsement No: 6 Effective Date: 06/30/2023 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. CNA75079XX (3-22) Policy No: 7011451869 Page 2 of 3 Endorsement No: 6 The Continental Insurance Co. Effective Date: 06/30/2023 Insured Name: MACDONALD -MILLER FACILITY SOLUTIONS LLC CopydghtPLW AIKOPReserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Vill. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or 2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (3-22) Page 3 of 3 The Continental Insurance Co. Insured Name: MACDONALD -MILLER FACILITY SOLUTIONSLLC P Copyright dWA1 IQJ4Aeserved. Policy No: 7011451869 Endorsement No: 6 Effective Date: 06/30/2023 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15) Policy No: 7011451869 Page 1 of 17 Endaemegt6l9:0 3Effective 02Insured Name: MACDONALD-MILLER FACILITY SOLUTIAONfS1,LLC. Copyright CNA All Rights Reserved. Includes copy hTafitW Insurance Services Office, Inc., with its permission. C/VA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Page 2 of 17 Policy No: 7011451869 Effective Dafe dobs6efr3e�nt2023 No: Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copy A{ WrQ Insurance Services Office, Inc, with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessors real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or N r c. the ownership, maintenance or use of any elevators covered by this insurance; or 0 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. a The coverage granted by this paragraph does not apply to: N a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Policy NO: 7011451869 Page 3 of 17 Endorsement No: 3 Effective Date: 06/30/2023 Insured Name: MACDONALD—MILLER FACILITY SOLUTIONS, LLC Copyright CNA All Rights Reserved. Includes oopydic0d 7r1> AaIRo3 Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included .within the products -completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, avid the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY —EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1 - 15) Page 4 of 17 0 icy o: 7011451869 Endorsement No: 3 Effective Date: 06/30/2023 Insured Name: MACDONALD -MILLER FACILITY SOLUTIONS, LLC Copyright CNA All Rights Reserved. Includescopyg?NLOULAN Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: N k. Damage to Your Product 0 N Property damage to your product arising out of it, or any part of it except when caused by or resulting from: 0 0 N (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 7011451869 Page 5 of 17 ndo ement No: 3 Effe lve uate: 06/30/2023 Insured Name: MACDONALD-MILLER FACILITY SOLUTgI�ONfS, LLC Copyright CNA All Rights Reserved. Indudes copy�7 t�f IN Insurance Services Office, Inc, with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY— RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) PolicyNo: 70114S1869 Page 6 of 17 EffecE ed�aterr'e�t6�'o/zoz3 Insured Name: MACDONALD-MILLER FACILITY SOLUTIONS, LLC Copyright CNA All Rights Reserved. Includes copyPd%?AAWrrV Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information; facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use a shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) o Icy o: 7011451869 Page 7 of 17ndr emergt�o�:o/2023 Effective aster Insured Name: MACDOMALD -MILLER FACILITY SOL�aI TJ'I9ON{S�9q,LLC Copyright CNA All Rights Reserved. Includes copyfipg ;4a19WPo4 Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Policy No: 7011451869 Page 8 of 17 End ement p 3 Effective Bate: �6n9:0/2023 Insured Name: MACDONALD-MILLER FACILITY SOLUTIONS, LLC Copyright CNA AII Rights Reserved. Indudes copyP AAWN Insurance Services Office, Inc, with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if. (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: a Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission- Medicare/Medicaid Fraud CNA74705XX (1-15) Policy No: 7011451869 Page 9 of 17 Effectiveo�ate en06/30/2023 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS, LLC Copyright CNA All Rights Reserved. Indudes copyiiA�Fi7tTa{ WP9 Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: I. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; ill. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: CNA74705XX (1-15) Page 10 of 17 (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and )5ollcy No: 701144S1869 EffectiveBaieme8t6l�9:0 / 2 02 3 Insured Name: MACDONALD-MILLER FACILITY SOpLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copy gree:o ?Wa&WrrP Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and p c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or a limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) o icy o: 701N1451869 Page 11 of 17 Effective �aste�e9t6/o/2023 Insured Name: MACDONALD-MILLER FACILITY SOLUT9IAONS�9, LLC Copyright CNA All Rights Reserved. Includes copy�q ?AAWIRd Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Page 12 of 17 POIICy No: 7n011p451869 Effective ffatEme0tGy9:0/2023 Insured Name: MACDONALD -MILLER FACILITY SOLUTIONS, LLC Copyright CNA All Rights Reserved. Includes copyPig%L4J ARLIN Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named a Insured's care, custody or control; 16. LIQUOR LIABILITY 0 Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled 0 Exclusions is amended to delete the exclusion entitled Liquor Liability. 0 This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an N additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1-15) PolicyNo: 7011451869 Page 13 of 17nd8r5emefgt6y3'o/2023 Effective a e: Insured Name: MACDONALD -MILLER FACILITY S�r�� LC. Copyright CNA All Rights Reserved. Includes copy Insurance Services Orrice, Inc., with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of'the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) PEEolicy�Nso: 7011451869 Page 14 of 17 Effective uate en06/30/2023 Insured Name: MACDONALD -MILLER FACILITY SOLUTIONS , LLC . Copyright CNA All Rights Reserved. Includes copyhppAR iarry Insurance Services Office, Inc., with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Page 15 of 17 PolicyNo: 7p011p451s59 Effective Bate'enOt6�o"o/2023 Insured Name: MACDONALD -MILLER FACILITY SOLUTIONfS�I,LLC. Copyright CNA All Rights Reserved. Includes copyPi rrt �9g �l�d� Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Page 16 of 17 PolicyNo: 7011p451869 Effective atemefgtGy9:0/2023 Insured Name: MACDONALD—MILLER FACILITY SOLUTIONfS, LLC. Copyright CNA All Rights Reserved Includes copyPdAA Alf ArN Insurance Services Office, Inc, with its permission. S N N CNA CNA Contractors' General Liability Extension PARAMOUNT Endorsement 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1-15) Policy No: 7011451869 Page 17 of 17 redo ement No: 3 Effec ive irate: 06/30/2023 Insured Name: MACDONALD -MILLER FACILITY SOLUTIONS�I,LLC. Copyright CNA All Rights Reserved. Includes copy WdAUWPdo Insurance Services Office, Inc, with its permission. CNA CNA63359XX (Ed. 04/12) Policy No. 7011451872 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired' or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph AA.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to CNA63359XX Copyright, CNA Corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of theT60AASWces Office used with its permission b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. C. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment CNA63359XX (Ed. 04/12) Policy No. 7011451872 Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or CNA63359XX copyright, CNA Corporation, 2000 Page 2 of 3 (Ed. 04/12) Includes copyrighted material of theRM'0aAu9fStices Office used with its permission CNA b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer' means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers 'or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us CNA63359XX (Ed. 04/12) Policy No. 7011451872 The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000 Page 3 of 3 (Ed. 04/12) Includes copyrighted material of theTAR9aWc&fStices Office used with its permission. CITY OF CITY HALL Federal 1Nay Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoifederalway com PERFORMANCE AND PAYMENT BOND HVAC CONTROLS UPGRADE & PERFORMANCE MANAGEMENT SERVICES The City of Federal Way ("City") has awarded to MacDonald -Miller Facility Solutions, LLC ("Principal"), a contract for the construction of the above referenced project, and said Principal is required to furnish a bond for performance of all obligations under the Contract and for payment in accord with Chapter 39.08 Revised Code of Washington (RCW) and (where applicable) Chapter 60.28 RCW. The Principal, and Liberty Mutual Insurance Company ("Surety"), a corporation organized under the laws of the State of Massachusetts and licensed to do business in the State of Washington as surety and named in the current list of Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Federal Way, in the sum of Four Hundred Sixty -Six Thousand Nineteen and 17/100 Dollars ($466,019.17), Total Contract Amount, subject to the provisions herein. This bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall: 1) Well and faithfully perform all of the Principal's obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect; and 2) Pay all persons in accordance with Chapters 39.08, 39.12, and 60.28 RCW including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond shall be signed by duly authorized officers and will only be accepted if accompanied by a fully executed, original power o tt ney for the office executing on behalf of the surety. PRIM : M Donal er lity Solutions, LLC SURETY: Liberty Mutual Insurance ompany rrn&j al Signature ate y Signa Date r Roger Kaltenbach INN Printed Name Printed Name hJ� Rpo��gyt Attorney -in -Fact � 1912 a r Title Title 9y d�01Sac�sus aa3 7 * }� Seal No. 6690 CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT Page 38 of 133 PERFORMANCE MANAGEMENT VERSION 2023 DEC SERVICES - RFB 23-010 4k CITY OF CITY HALL Federal 1Nay 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com LOCAL OFFICE/AGENT OF SURETY: Parker —Smith__ & Feek Name 2233 112th Ave NE Street Address Bellevue WA 98004 City, State, Zip 800-457-0220 Telephone sfsuret sfinc. com E-mail BOND NO.: 023229983 APPROVED AS TO FORM: 0�� §J.ann:=C__a11, Cit Attorney CITY OF FEDERAL WAY GENERAL PUBLIC WORKS CONTRACT Page 39 of 133 VERSION 2023 DEC. HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES - RFB 23-010 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty mutual SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8210462-023001 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alec Gumpler, Andrew Kerslake, Andrew P. Larsen, Deanna M French, Derek Sabo, Elizabeth R. Hahn, Guy Armrield. Jana M. Roy, John Claeys. Katelyn Coopor, Mindee L. Rankin, Nicholas Fredrickson, Romer Kaltenbach, Scott Fisher, Scott Garcia, Scow McGilvrsy, Susan B, Larson of Bellevue, WA, Ronald J Lange, Charla M. Boadle. Jennifer Barret or Spokane. WA; Charles W. Moberg. Drew 0. N[eessen, lam_ es Hamlin, John M. Miller. Mason M. Marks, Michael S. Cranston, Nicholas Warren, William M. Smith, Gregory C. Ryerson of Portland, OR; Abbie A. Bonne . Sandy L. Boswell. Janie Ma. Marie 1. YTatctich, Sharon Pope, Brenda S. Nolin all of the city of Anchorage state of AK each individually if there be more than one named, its true and lawful attorney--in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of July , 2023 . rn C «s State of PENNSYLVANIA r �& County of MONTGOMERY Liberty Mutual Insurance Company P` ►NSo pLSY IN&& ►NSU4 The Ohio Casualty Insurance Company s,`Y �oRPO�er fit, g� �oRP°14r 9y GP�0-00, ar �c, WestAmerlcan Insurance Company AA a sQ tiR v� .•` fia ttt w 1912 0 }�1919 o , 1991 0 y�A CHsiBa yQ k`+Ys 'kwA++� yb By AMP — David M. Carey, Assistant Secretary w 3I On this 20th day of July 2023 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Fa Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Co _ D c_:2 y C) Qj O O a) C tp L IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written 5P I=ggT $ aoetyyF F� aL� o,► 4oi Y OF Cammomvea th of Pennsylvania - Notary Seal Teresa Ia. Notary Public Montgomery County My commission expires March 26, 2025 By: A7 'ts- +?yyol .G Aqy tom~ Commission number 1126044 Teresa Pastella, Notary Public Member, Pbhnsyluania AUavian vt r:0lnne -r' 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance E•� Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLEIV— OFFICERS: Section 12 Power of Attomey O Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all a undertakings, bonds, recognizances and other surety obligations Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full o power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such instruments shall Z 0 be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. r IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this —1 day of tiro hityur /�, 2024 P► ►NSSU� �V�Y INg� ►NSU.6a j r�� �r�n s 4a3°9Rp� Ao�ye� � 3°eRAa�rPe m 1912 0 1919 0 0 1991 �,• a99C„us yak � '�A1tPs�s �� ' 0wo- aa� By A Renee C. Llewetl n Assistant Swe LMS-12873 LMIC OCIC WAIC Multi Cc 02/21 CITY OF -d� Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cifyoffederahvay. con) CONTRACTOR'S RETAINAGE OPTION IDENTIFICATION AND DESCRIPTION Project Title: HVAC CONTROLS UPGRADE & PERFORMANCE MANAGEMENT SERVICES RFB No: 23-010 Contractor: MacDonald -Miller Facility Solutions, LLC GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the Contractor will be reserved by the City. 2. All investments selected are subject to City approval. 3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.011, 1 hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: M Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the Contractor. 13 Option 2: Deposited in an interest -bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the Contractor. Contractor shall have the bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. 0 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the Contractor. In 4: Cont,s4r,sfill submit a "Retainage Bond" on City -provided form included in these CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 40 of 133 SERVICES - RFB 23-010 Clrr OF CITY HALL Fe d e ra l Way 33325 8th Avenue South Federal Way, IIVA 98003-6325 (253) 835-7000 bwrw otyoffederalway com NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: d t- �6 (Name conion or Organization) Local 26, 32, 44, 46, 55, & 66 The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: 'ifs " -eiHk�,h City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 MacDonald -Miller Facility Solutions, LLC (Contractor or s contractor) Z Date CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 44 of 133 SERVICES - RFB 23-010 CITY OF: CITY HALL - F� d e ra f Way33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub- contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non- compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 45 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL FQ d e ra l Wa 33325 8th Avenue South VOW� Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com APPENDIX A SCOPE OF WORK PROJECT OVERVIEW: Contractor shall upgrade and integrate HVAC building controllers for the following facilities: City Hall, Federal Way Community Center, and Performing Arts and Event Center. The purpose of this project is to replace outdated and obsolete controllers, enhance system performance, and ensure efficient HVAC operation of the facilities. The project locations are as follows: a. City Hall: 33325 8th Ave S, Federal Way, WA 98003 b. Federal Way Community Center: 876 S 333rd St, Federal Way, WA 98003 c. Performing Arts and Event Center: 31510 Pete von Reichbauer Way S, Federal Way, WA 98003 2. SCOPE OF WORK — PART I — HVAC CONTROLS REPLACEMENT: 2a. Front End Control System (HONEYWELL Webs N4 TRIDIUM) i. Demo and remove existing Niagara -based Tridium platform ii. Install a new front-end control system using HONEYWELL WEBs N4, located at City Hall. iii. This new front-end system will provide connectivity to the new controls installed at the facilities mentioned below. iv. Provide and install N4 Supervisor software to include 3-year Service Maintenance Agreement (SMA). SMA ensures that the software revisions are up to date through the SMA period. 2b. City Hall Controller Upgrade i. Remove and demo the following existing Staefa Smart II controllers. 1. SMT-II (DDC Controllers): Quantity —2 2. SMT-II (HTP Controller): Quantity — 1 3. SMT-II (VAV Controllers): Quantity — 57 ii. Provide, install and program (6) DXR controllers iii. Program new controllers with standard sequences and points 2c. Federal Way Community Center Controller Upgrade i. Remove and demo existing Honeywell WEBS JACE 600 ii. Provide, install, and program new N4 Tridium JACE 8100 iii. Migrate existing programming, sequences, schedules and all existing points from old WEBS 600 to new N4 Tridium JACE 8100 iv. Provide and install JACE software to include 3-year Service Maintenance Agreement (SMA). SMA ensures that the software revisions are up to date through the SMA period V. Refresh graphics to current MacDonald -Miller industry standard vi. Remove and demo existing JCI controllers: 1. JCI LINT proprietary N2 controllers: Quantity — 8 2. JCI VMAX N2 proprietary N2 controllers: Quantity — 38 vii. Provide, install and program (46) DXR controllers viii. Program new controllers with standard sequences and points 2d. Performing Arts and Event Center Integration i. Remove and demo existing Alerton front-end controllers ii. Provide, Install and program new N4 Tridium HACE 8100 iii. Migrated existing programming, sequences, schedules and all existing points from old controllers to new N4 Tridium HACE 8100 iv. Integrate LG VRF system V. Integrate the existing Alerton BACnet Controllers CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 46 of 133 SERVICES - RFB 23-010 ,,,ACITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com vi. Provide and install JACE software to include 3-year Service Maintenance Agreement (SMA). SMA ensures that the software revisions are up to date through the SMA period vii. Refresh graphics to current MacDonald Miller industry standard 2e. Added or Deleted Sites i. At the City of Federal Way's sole discretion, additional sites may be added to or existing sites deleted from the Scope of Work on a Contract Change Order basis. The cost of additional sites shall be determined through negotiation between the City of Federal Way and the Contractor. Deletions will be based on the site's fixed cost as shown in the Contract with no adjustment for Contractor's lost profit or extended overhead. 2f. Deliverables. The Contractor will be responsible for delivering the following: i. Detailed upgrade and integration plan for each facility, including methodologies, schedules, and required equipment 1. Work shall be completed on or before 30 working days from Notice to Proceed. ii. Procurement of new controllers, hardware, sensors, front-end control systems, and integration devices as specified; as well as any additional components required for the upgrade and integration. 1. Work shall be completed on or before 60 working days from Notice to Proceed. iii. Installation of new controllers, hardware, sensors, front-end control systems, and integration devices as specified; as well as any additional components required for the upgrade and integration. 1. Work shall be completed on or before 90 working days immediately following the completion of 2f.ii iv. Testing and commissioning of the upgraded controllers to ensure proper functionality and seamless integration with the existing systems 1. Work shall be completed on or before 10 working days immediately following the completion of 2f.iii V. Plan and provide 9 one -hour trainings, in person, to be completed by December 31, 2024. Trainings will be divided into 3 trainings at each facility for City staff on the newly upgraded controllers and their operation and maintenance and will be a minimum of one hour in length per facility. City and Contractor will agree on the timing, content, and length in writing atleast 2 weeks in advance of proposed dates/times. vi. Documentation including as -built drawings, user manuals, and system configurations, to be delivered by December 31, 2024. 3. SCOPE OF WORK — PART II - PREVENTATIVE MAINTENANCE: 3a. The Contractor is responsible for identifying any unit manufacturer's requirements that may vary from the schedule below. The Contractor shall start with an annual inspection which shall include a full report on each piece of equipment at each location to operate as a baseline for the work. The report shall include complete data information of existing conditions. This report shall be completed and delivered to the City within one hundred twenty (120) days of the Contract execution. Submittal and acceptance of this report shall constitute a major payment milestone. 3b. The preventative maintenance work shall be performed at regular intervals through the first year, on mutually agreed upon dates, Contractor shall provide a 7-14 day lead time, according to the following schedule; i. Quarterly: 1. First Quarter (Q1): January through March; 2. Second Quarter (Q2): April through June; 3. Third Quarter (Q3): July through September; 4. Fourth Quarter (Q4): October through December. ii. Annually: Start of Contract through end of the first year. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 47 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Fe d e ra Way a Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Completion: Contractor will staff appropriately and complete all maintenance in the first month of the above stated quarters. 3c. Tasks i. Each inspection shall include any and all manufacturer's recommended maintenance service tasks and any additional industry recognized standards and/or procedures. These tasks and procedures shall be included on an inspection checklist provided by the Contractor and filled out by the Contractor's technician. Contractor will have this checklist approved by the City prior to performing the inspections 4. SCOPE OF WORK - PART III — PERFORMANCE MANAGEMENT DETAILS: 4a. Basic Services — Performance Management Analytics with Smart Building Services i. The Contractor shall install fault detection (FDD) and energy saving analytics software (Smart Building Services) to facilitate the performance management of all facilities listed above to meet the requirements of Washington State Legislation on Clean Energy Transformation Act (CETA) as provided in Chapter 19.27A RCW, Energy -Related Building Standards. ii. On regular (daily, weekly, monthly, & annual) intervals, system variables must be changed, particularly during the spring and fall seasons, and may include adjusting room temperature, outside air percentage, hydronic system water temperatures, damper positions, etc. These or any other adjustments of system variables which may be made remotely (without a visit to the site) shall be considered part of Basic Performance Management Services and shall be performed upon request by the City at no additional charge. These changes must be made within a 24-hour window or as otherwise agreed to by the City to avoid comfort issues in the facilities and monitor the set point changes to determine if the problem has been resolved or if a site visit is necessary to resolve the problem. 4b. Contractor Supplied Equipment i. Calibration: The Contractor shall provide all equipment and instruments necessary for the completion of each task. All equipment and instruments shall be maintained according to accepted industry standards. For equipment that requires calibration, the calibration shall be current and the Contractor shall be able to provide proof of calibration to the CityCity's representative upon request. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 48 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Fri d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 E� (253) 835-7000 www cityoffederalway com APPENDIX B Benefit Cade Key for 1013012023 Note: Select View under `Risk Class to verify workers compensation insurance on your project. Use this tool to find and understand the insurance risk classifications to pay for the trade and occupations you are utilizing on your project. workers' compensation risk classifications are determined by the nature of your project, nature of business or phase of construction. County Trade Job Classification VJage King Electricians - Inside Cable Splicer $105.59 Icing Electricians - Inside Cable Splicer (tunnel) $113.52 King Electricians - Inside Certified'�Velder $101.98 King Electricians - Inside Certified Welder (tunnel) $109.56 King Electricians - Inside Construction Stock Person $49.28 King Electricians - Inside Journey Level $98.38 King Electricians - Inside Journey Level (tunnel) $105.59 King Heating Equipment Journey Level $96.42 Niechanics CITY OF FEDERAL WAY GENERAL PUBLIC WORKS CONTRACT VERSION 2023 DEC. Page 49 of 133 Holiday Overtime Note *Risk Class 7C 4E View 7C 4E View 7C 4E View 7C 4E View 7C 4E View M 4E View 7C 4E View 7F 1E View HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES - RFB 23-010 17 NCITY OF Federal Way - APPENDIX C (ATTACH WARRANTIES) CITY OF FEDERAL WAY GENERAL PUBLIC WORKS CONTRACT VERSION 2023 DEC. Page 50 of 133 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederahvey com HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES - RFB 23-010 CITY or CITY HALL Fe d e ra I VIla 33325 Avenue South Y Federall Way, WA 98003-6325 (253)835-7000 www cityoffederalway com APPENDIX D SPECIAL PROVISIONS (December 10, 2020 APWA GSP) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2023 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications"). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project -specific fill-ins; and project -specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project -specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) (April 12, 2018 CFW GSP) (***PROJECT -SPECIFIC SPECIAL PROVISION***) Also incorporated into the Contract Documents by reference are: • Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current edition • City of Federal Way Public Works Development Standards ■ National Electric Code, current edition • Washington State Building Code as it is currently written or as hereinafter amended: https: //shcc. wa.gov/state-codes-regulations-guidelines Contractor shall obtain copies of these publications, at Contractor's own expense. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 51 of 133 SERVICES - RFB 23-010 CITY Or CITY HALL �� I ■ V A .� 33325 8th Avenue South y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.com DIVISION 1 GENERAL REQUIREMENTS DESCRIPTION OF WORK (March 13, 1995 WSDOT GSP) This Contract provides for the improvement of the HVAC Controls Upgrade and Performance Management Services Improvements and other work, all in accordance with the attached Contract Plans and Scope of Work, these Contract Provisions, and applicable Standard Specifications. 1-01.3 Definitions (January 19, 2022 APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. Supplement this Section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms "Department of Transportation", "Washington State Transportation Commission", "Commission", "Secretary of Transportation", "Secretary", "Headquarters", and "State Treasurer" shall be revised to read "Contracting Agency." CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 52 of 133 SERVICES - RFB 23-010 CITY OF! FederaI Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com All references to the terms "State" or "state" shall be revised to read "Contracting Agency" unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise. All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location." All references to "final contract voucher certification" shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted. Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1- 08.5. Contract Bond The definition in the Standard Specifications for "Contract Bond" applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond. Contract Documents See definition for "Contract." Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency's acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. Traffic Both vehicular and non -vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1-02.4 Examination of Plans, Specifications, and Site Work CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES 8, GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 53 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL 41%Fed a ra l Wa Feder 8th Avenue South Federal Way, WA 98003-6325 40W�(253) 835-7000 www cityoffederalway com (June 27, 2011 APWA GSP) 1-02.4 2 Subsurface Information (January 19, 2022 APWA GSP) The third and fourth sentences in the first paragraph are revised to read: The Summary of Geotechnical Conditions and the boring logs, if and when included as an appendix to the Special Provisions, shall be considered as part of the Contract. The boring logs and associated data, if and when included as an appendix to the Special Provisions, shall be considered as part of the Contract. 1-04 SCOPE OF THE WORK 1-04.2 Coordination of Contract Documents. Plans. Special Provisions. Specifications. and Addenda (January 8, 2021 CFW GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Contract, 2. Change Orders, with those of a later date taking precedence of those of an earlier date, 3. Addenda, with those of a later date taking precedence of those of an earlier date, 4. Proposal Form, 5. Special Provisions, 6. Contract Plans, 7. Standard Specifications, 8. Contracting Agency's Standard Plans or Details (if any), and 9. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1-04.4 Changes (January 19, 2022 APWA GSP) The first two sentences of the last paragraph of Section 1-04.4 are deleted. fIU1IVlo��3dme] -�'�'�� 1-05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 54 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www Myoffederalway com corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in Contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. 1-05.11 Final Inspection (October 1, 2005 APWA GSP) Delete this section and replace it with the following: 1-05.11 Final Inspections and Operational Testing 1-05.110) Substantial Completion_ Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefore. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 55 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Federal Way ay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The. Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7. The Contractor will not be allowed an extension of Contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the Contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the Contract have been fulfilled. 1-05.1113) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the Contract. 1-05.12 Final Acceptance (April 12, 2019 CFW GSP) Delete the third and fourth sentences in the first paragraph and replace it with the following: Final acceptance date of the work shall be the date the Federal Way City Council accepts the project as complete. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 56 of 133 SERVICES - RFB 23-010 CITY OF Federa I Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Add the following new section. 1-05.120) One -Year Guarantee Period (March 8, 2013 APWA GSP) The Contractor shall return to the project and repair or replace all defects in workmanship and material discovered within one year after Final Acceptance of the Work. The Contractor shall start work to remedy any such defects within 7 calendar days of receiving Contracting Agency's written notice of a defect, and shall complete such work within the time stated in the Contracting Agency's notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made by the Contracting Agency's own forces or another contractor, In which case the cost of corrections shall be paid by the Contractor. In the event the Contractor does not accomplish corrections within the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. When corrections of defects are made, the Contractor shall then be responsible for correcting all defects in workmanship and materials in the corrected work for one year after acceptance of the corrections by Contracting Agency. This guarantee is supplemental to and does not limit or affect the requirements that the Contractor's work comply with the requirements of the Contract or any other legal rights or remedies of the Contracting Agency. 1-05.13 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APWA GSP) Delete the sixth and seventh paragraphs of this section. 1-05.14 Cooperation with Other Contractors (March 13, 1995 WSDOT GSP, OPTION 1) Section 1-05.14 is supplemented with the following: Other Contracts or Other Work It is anticipated that the following work adjacent to or within the limits of this project will be performed by others during the course of this project and will require coordination of the work: • Federal Way Community Center Locker Room Renovation 1-05.18 Contractor's Daily Diary (March 22, 2023 CFW GSP) Section 1-05.18 is a new section: The Contractor and subcontractors, as additional consideration for payment for this contract work, hereby agree to maintain and provide to the Owner and the Engineer a Daily Diary Record of this Work. The diary must be kept and maintained, by the Contractor's designated project superintendent. Entries must be made on a daily basis and must accurately represent all of the project activities on each day. At a minimum, the diary shall show on a daily basis: • The day and date. • The weather conditions, including changes throughout the day. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 57 of 133 SERVICES - RFB 23-010 CITY of CITY HALL Fe a ra Way8th Avenue South Federal Way, WA 98003-6325 Feder (253) 835-7000 www cityoffederalway, com • A complete description of work accomplished during the day with adequate references to the Plans and Specifications so that the reader can easily and accurately identify said work in the Plans. • An entry for each and every changed condition, dispute or potential dispute, incident, accident, or occurrence of any nature whatsoever which might affect the Contract, Owner, or any third party in any manner. • Listing of any materials received and stored on or off -site by the Contractor for future installation, to include the manner of storage and protection of the same. • Listing of materials installed during each day. • List of all subcontractors working on -site during each day. • Listing of the number of Contractor's employees working during each day by category of employment. • Listing of Contractor's equipment working on the site during each day. Idle equipment on the site shall be listed and designated as idle. ■ Notations to explain inspections, testing, stake -out, and all other services furnished to the Contractor by the Owner or other during each day. • Entries to verify the daily (including non -work days) inspection and maintenance of traffic control devices and condition of the traveled roadway surfaces. The Contractor shall not allow any conditions to develop that would be hazardous to the public. • Any other information that serves to give an accurate and complete record of the nature, quantity, and quality of the Contractor's progress on each day. • Summary of total number of working days to date, and total number of delay days to date. The Contractor's designated project superintendent must sign the diary at the end of each working day. The Contractor must provide a copy of the diary to the Owner and the Engineer each morning for the preceding workday. All copies must be legible. It is expressly agreed between the contractor and the owner that the daily diary maintained by the Contractor shall be the "Contractor's Book of Original Entry" for the documentation of any potential claims or disputes that might arise during this contract. Failure of the Contractor to maintain this diary in the manner described above will constitute a waiver of any such claims or disputes by the Contractor. The daily diary maintained by the Contractor does not constitute the official record of the project. The official record of the project is prepared and maintained exclusively by the engineer. 1-05A9 Defects Arising in One Year and Remedies (February 15, 2019 CFW GSP) Section 1-05.19 is a new section: The Contractor shall, at its own sole cost and expense, be responsible for correcting all defects in workmanship and material discovered within one year after acceptance of this work by the City of Federal Way. When corrections of defects are made, the Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after acceptance of the corrections by the Owner. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute waiver, modification, or exclusion of any express or implied warranty or any right under law. This warranty shall survive termination of this Contract. The Contractor shall start work to remedy such defects within seven (7) calendar days of mailing notice of discovery thereof by the Owner and shall complete such work within a CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 58 of 133 SERVICES - RFB 23-010 CITY of CITY HALL Federal ►■a+ FederFeder l Avenue South al Way, WA 98003-6325 (253)835-7000 www cityoffederalway com reasonable time. In emergencies, where damage may result from delay or where loss of services may result, such corrections may be made by the Owner, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. These actions will be pursuant to the provisions of Section 1-05.8 of the Standard Specifications. The Contractor shall be liable for any costs, losses, expenses, or damages, including consequential damages suffered by the Owner resulting from defects in the Contractor's work including, but not limited to, cost of materials and labor extended by Owner in making emergency repairs and cost of engineering, inspection and supervision by the Owner or the Engineer. The Contractor shall hold the Owner harmless from any and all claims which may be made against the Owner as a result of any defective work, and the Contractor shall defend any such claims at his own expense. The Contractor agrees the above one-year limitation shall not exclude or diminish the Owner's rights under any law to obtain damages and recover costs resulting from defective and unauthorized work discovered after one year but prior to the expiration of the legal time period set forth in RCW 9.16.040 limiting actions upon a contract in writing or liability, expressed or implied, arising out of a written agreement. This warranty may also extend beyond the one year time period pursuant to any other warranties specified in the Special Provisions, Contract Plans, other parts of the Contract Documents, or incorporated by this reference. 1-06.6 Recycled Materials (January 4, 2016 APWA GSP) Delete this section, including its subsections, and replace it with the following: The Contractor shall make their best effort to utilize recycled materials in the construction of the project. Approval of such material use shall be as detailed elsewhere in the Standard Specifications. Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on -site material and aggregates from concrete returned to the supplier). The Contractor's report shall be provided on DOT form 350-075 Recycled Materials Reporting. 1-07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 59 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL A** 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www crryoffederalway.. com The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's Plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site. 1-07.2 State Taxes Delete this section, including its sub -sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a Bid on a misunderstood tax liability. The Contractor shall include all Contractor -paid taxes in the unit Bid prices or other Contract amounts. In some cases, however, state retail sales tax will not be included. Section 1- 07.2(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA-funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all Contract -related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department- of Revenue, whether the amount owed relates to this Contract or not. Any amount so deducted will be paid into the proper State fund. 1-07.2 1 State Sales Tax -- Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit Bid item prices, or other Contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 60 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Federal 1Na 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 wwwcrtyoffedef<1lo•r'3; com 1-07.2(2) State Sales Tax — Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full Contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit Bid item prices, or in any other Contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit Bid item prices or in any other Contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any Contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). (December 16, 2022 CFW GSP) Section 1-07.6 is supplemented with the following: Oversized Loads The Contractor must obtain a permit from the City of Federal Way (Development Services Division) for any Oversize / Overweight Loads. Loads are classified as oversized / overweight if they exceed the following criteria: Size ■ 8'6" wide, 14' tall, 53' length (tractor/trailer) • 40' single unit • 75' overall with a truck and trailer • 3' of front overhang and 15' of rear overhang Weight • Heavy loads require a permit for overweight if they exceed the vehicle weight table published by WSDOT. The gross vehicle weight for a vehicle or a vehicle combination is determined by an overlapping set of three criteria: tire size, axle weight, and the weight table. 1-07.17 Utilities and Similar Facilities (April 2, 2007 WSDOT GSP, OPTION 1) Section 1-07.17 is supplemented with the following: CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 61 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL AFA Fe d e ra I a 33325 Avenue South Federall Way, WA 98003-6325 WMI� (253) 835-7000 www cityoffederatway com Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience. UTILITY CONTACTS Puget Sound Energy (Power) Attn: Jason Airey 3130 S 38th St Tacoma, WA 98409 Telephone: (206) 348-9637 Puget Sound Energy (Gas) Attn: Katie Dierick Katie. Dierick@pse.com Cell: (253) 268-6331 Lakehaven Water & Sewer District Attn: Naveen Chandra, P.E. 31623 1st Avenue S Federal Way, WA 98063-4249 NChandra@lakehaven.org Telephone: (253) 946 5440 Cell: (206) 966-8185 Zayo Attn: Jason Tesdal 4905 Pacific Hwy E, Suite 4 Fife, WA 98424 Jason.Tesdal@zayo.com Telephone: (253) 221-7585 King Co. Traffic (Signals & Lighting) Attn: Mark Parrett 155 Monroe Ave NE Renton, WA 98056 Telephone: (206) 296-8153 ADDITIONAL CONTACTS King County Metro Transit 81270 6th Ave S, Bldg 2 Seattle, WA 98134 Telephone: (206) 684-2785 CITY OF FEDERAL WAY GENERAL PUBLIC WORKS CONTRACT VERSION 2023 DEC. Page 62 of 133 Lumen Attn: Lara Lant 1208 NE 641h St Seattle, WA 98115 Lara.Lant@Lumen.com Telephone: (206) 765-9885 Comcast Attn: Kyle Kinney 410 Valley Ave NW Puyallup, WA 98371 Kyle_Kinney@comcast.com Telephone: (253) 293-3838 AT&T Attn: Steve Duppenthaler 11241 Willows Rd NE, #130 Redmond, WA 98052 Telephone: (425)286-3822 City of FW IT Dept (City Fiber) Attn: Thomas Fichtner 33325 8th Ave S Federal Way, WA 98003 Telephone: (253) 835-2547 South King Fire & Rescue 31617 1 st Ave S Federal Way, WA 98003 Telephone: (253) 946-7253 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES - RFB 23-010 CITY Of Federal Way City of Federal Way Police 33325 8th Ave S Federal Way, WA 98003 Telephone: (253) 835-6701 (for officer traffic control scheduling) Telephone: (253) 835-6767 (for traffic / road closure issues) CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Federal Way School District Attn: Transportation Department 1211 S. 332nd St Federal Way, WA 98003 Telephone: (253) 945-5960 1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following 1-07.18 Insurance (December 30, 2022 APWA GSP) 1-07,180) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer's financial condition. B. The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor's Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims -made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made, and state the retroactive date. Claims -made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The Contractor's Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the Contracting Agency's insurance, self-insurance, or self -insured pool coverage. Any insurance, self-insurance, or self -insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor's insurance and shall not contribute with it. E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract 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 Contracting Agency on demand, or CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 63 of 133 SERVICES - RFB 23-010 4% CITY OF CITY HALL Federal Wa Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway com at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. (December 30, 2022 APWA GSP, cont.) 1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder's Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: • The Contracting Agency and its officers, elected officials, employees, agents, and volunteers. = The Consultant that completed the preparation of the engineering design and project plans, and its officers, employees, agents, and subconsultants. Consultants hired by the Contracting Agency for design, construction support, or materials testing. The above -listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 1-07.18(3) Subcontractors The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) 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. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 64 of 133 SERVICES - RFB 23-010 CITY of CITY HALL Federal 'Wa Feder Avenue South Y Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Verification of coverage shall include: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1-07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements — actual endorsements must be submitted. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work. 1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below. 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 Contracting Agency's recourse to any remedy available at law or in equity. All deductibles and self -insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments failing within the deductible or self - insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy's deductibles or self -insured retention, said deductibles or self -insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. 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 equivalent endorsement. Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor's completed operations for at least three years following Substantial Completion of the Work. Such policy must provide the following minimum limits: $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury each offense $1,000,000 Stop Gap / Employers' Liability each Accident (August 27, 2021 CFW GSP) CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 65 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com The Commercial General Liability minimum coverage limit, per each occurrence shown in Section 1-07.18(5)A of the APWA Special Provision included herein is modified as follows: The minimum limit for Commercial General Liability Insurance, per each occurrence shall be $2,000,000. (December 30, 2022 APWA GSP, cont.) 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non -owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C _Workers' Compensation The Contractor shall comply with Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 1-07.28 Communication with Businesses and Property Owners (April 12, 2018 CFW GSP) Section 1-07.28 is added: The Contractor will be responsible for communicating all work activities with the property owners / tenants that are located adjacent to the project. The Contractor, along with the City's inspector & project manager, shall have one formal meeting (door-to-door project walk- through) with the property owners/tenants prior to the start of construction. It will be the Contractor's responsibility to initiate and set up the meeting. Thereafter, the Contractor shall keep the property owners / tenants informed of their general work locations and upcoming activities by distributing a monthly status/schedule memo to the businesses. The memo shall be approved by the City's Project Engineer prior to distribution. 1-07.29 Coordination with Transit Agencies (December 1, 2021 CFW GSP) Section 1-07.29 is added: The Contractor is required to coordinate with impacted transit agencies. King County Metro and/or Pierce Transit personnel will remove and reinstall all existing bus stop signs and supports within the project limits. A copy of all communications between the contractor and transit agencies shall be forwarded to the City of Federal Way. King County Metro: King County should be notified in writing at construction.coord@kingcounty.gov a minimum of five business days prior to starting any work impacting bus stops, a temporary lane or road closure. Work requiring removing a bus shelter or sign requires notification in writing a minimum of 30 business days. Pierce Transit: Pierce Transit should be notified at (253)581-8130 to coordinate. Add the following new section: 1-08.0 PrelimingEy Matters CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 66 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL F� d e ra Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com (May 25, 2006 APWA GSP) 1-08.00) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer, and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction meeting the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1-08.0(2) Hours of Work (December 8, 2014 APWA GSP) Add the following new section: Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference. All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances). If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than noon two working days prior to the day(s) the Contractor is requesting to change the hours. If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example: 1. On non -Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency representatives who worked during such times. (The Engineer may CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 67 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL AFederal Federal Way8th Avenue South Way, WA 98003-6325 (253) 835-7000 www cftyoffederatway com require designated representatives to be present during the work. Representatives who ,may be deemed necessary by the Engineer include, but are not limited to: survey crews; personnel from the Contracting Agency's material testing lab; inspectors; and other Contracting Agency employees or third party consultants when, in the opinion of the Engineer, such work necessitates their presence.) 2. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. 3. Considering multiple work shifts as multiple working days with respect to contract time even though the multiple shifts occur in a single 24-hour period. 4. If a 4-10 work schedule is requested and approved the non -working day for the week will be charged as a working day. 5. If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll. 1-08.4 Prosecution of Work Delete this section and replace it with the following: 1-08.4 Notice to Proceed and Prosecution of Work (July 23, 2015 APWA GSP) Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. (December 1, 2021 CFW GSP) Section 1-08.4 is supplemented with the following. The Contractor shall provide adequate equipment and forces to carry out the construction schedule to completion of the contract by the date specified. 1-08.5 Time for Completion (December 30, 2022 APWA GSP, OPTION A) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 68 of 133 SERVICES - RFB 23-010 4% CITY OF CITY HALL Fe d e ra 11Na 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Project Manager will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Project Manager declares as unworkable. The statement will be identified as a Written Determination by the Project Manager. If the Contractor does not agree with the Written Determination of working days, the Contractor shall pursue the protest procedures in accordance with Section 1-04.5. By failing to follow the procedures of Section 1-04.5, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor is approved to work 10 hours a day and 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Project Manager will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Project Manager prior to establishing a completion date: a. Certified Payrolls (per Section 1-07.9(5)). b. Material Acceptance Certification Documents d. Final Contract Voucher Certification e. Copies of the approved "Affidavit of Prevailing Wages Paid" for the Contractor and all Subcontractors g. Property owner releases per Section 1-07.24 (March 13, 1995 WSDOT GSP, OPTION 7) Section 1-08.5 is supplemented with the following: This project shall be physically complete within 412 working days. 1-09.6 Force Account (December 30, 2022 APWA GSP) Supplement this section with the following: Payment will be made on the basis of the amount of work actually authorized by the Project Manager. 1-09.9 Payments (December 30, 2022 APWA GSP) Section 1-09.9 is revised to read: CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 69 of 133 SERVICES - RFB 23-010 CITY of CITY HALL .._, Federal ay Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Manager to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Manager will make a determination based on information available. The Project Manager's determination of the cost of work shall be final. Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Project Manager. A progress estimate cutoff date will be established at the preconstruction conference. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payments. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Project Manager's determination. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Project Manager. 4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Project Manager. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1-09.9(1), on non FHWA-funded projects; 2. The amount of progress payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1-05.1. Failure to perform obligations under the Contract by the Contractor may be decreed by the Contracting Agency to be adequate reason for withholding any payments until compliance is achieved. Upon completion of all Work and after final inspection (Section 1-05.11), the amount due the Contractor under the Contract will be paid based upon the final estimate made by the Project CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 70 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityotfederalway com Manager and presentation of a Final Contract Voucher Certification to be signed by the Contractor. The Contractor's signature on such voucher shall be deemed a release of all claims of the Contractor unless a Certified Claim is filed in accordance with the requirements of Section 1-09.11 and is expressly excepted from the Contractor's certification on the Final Contract Voucher Certification. The date the Contracting Agency signs the Final Contract Voucher Certification constitutes the final acceptance date (Section 1-05.12). If the Contractor fails, refuses, or is unable to sign and return the Final Contract Voucher Certification or any other documentation required for completion and final acceptance of the Contract, the Contracting Agency reserves the right to establish a Completion Date (for the purpose of meeting the requirements of RCW 60.28) and unilaterally accept the Contract. Unilateral final acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Project Manager, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending establishment of a Completion Date and unilateral final acceptance will be provided by email with delivery confirmation from the Contracting Agency to the Contractor, which will provide 30 calendar days for the Contractor to submit the necessary documents. The 30 calendar day period will begin on the date the email with delivery confirmation is received by the Contractor. The date the Contracting Agency unilaterally signs the Final Contract Voucher Certification shall constitute the Completion Date and the final acceptance date (Section 1-05.12). The reservation by the Contracting Agency to unilaterally accept the Contract will apply to Contracts that are Physically Completed in accordance with Section 1-08.5, or for Contracts that are terminated in accordance with Section 1-08.10. Unilateral final acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of their responsibility to comply with all Federal, State, tribal, or local laws, ordinances, and regulations that affect the Work under the Contract. Payment to the Contractor of partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 1-09.11(3) Time Limitation and Jurisdiction (December 30, 2022 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that all claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further agreed that all such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to all such claims or causes of action. It is further mutually agreed by the parties that when claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 71 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL F� d e ra I Way ,n,y 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 1-09.13(3)A Arbitration General (January 19, 2022 APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency's headquarters is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(4) Venue for Litigation (December 30, 2022 APWA GSP) Revise this section to read: Litigation shall be brought in the Superior Court of the county in which the Contracting Agency's headquarters is located, provided that where claims are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. It is mutually agreed by the parties that when litigation occurs, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. CITY OF FEDERAL WAY HVAC CONTROLS UPGRADES & GENERAL PUBLIC WORKS CONTRACT PERFORMANCE MANAGEMENT VERSION 2023 DEC. Page 72 of 133 SERVICES - RFB 23-010 CITY OF CITY HALL Fe d e ra I Wa Feder 8th Avenue South Federal Way, WA 98003-6325 —�' (253) 835-7000 www cityoffederalway com APPENDIX F RFB 23-010 CITY OF FEDERAL WAY GENERAL PUBLIC WORKS CONTRACT VERSION 2023 DEC. Page 73 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES - RFB 23-010 ■ s Everett Seattle Redmontl Tacoma z O w O C 71 ui MacDonald -Miller FACILITY SOLD IONS We make buildings work better. Page 74 of 133 __ _: f -tea August 31, 2023 Jason Gerwen City of Federal Way 33325 8'h Ave S Federal Way, WA 98003 Locations: City Hall, Community Center, and Performing Arts Event Center MacDonald -Miller FACILITY SOLUTIONS', Scope: RFB # 23-010 — HVAC Controls Upgrade & Performance Management Services Dear Jason, Thank you for the opportunity to provide a response to RFB # 23-010 - HVAC Controls Upgrade & Performance Management Services for the City of Federal Way Parks Department. MacDonald Miller's intent is to provide the City of Federal Way a state-of-the-art, open source, controls system that ensures future expansion and growth. The information detailed below is designed to help you make the best decision on how to proceed with an upgrade. We look forward to strengthening our relationship with you through this project and partner with the City of Federal Way for years to come. Best, Autumn Siemieniec 10. EXPECT COMFORT 0 EXPECT CLARITY losif s� EXPECT EFFICIENCY This proposal is for the named person's use only. It may contain confidential, proprietary or legally priveleged information. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. Pase 75 of 133 macmiller.com 1-800-962-5979 WASHINGTON & OREG 9N TABLE OF CONTENT'S BID PROPOSAL FORMS ........ CONTROLS UPGRADE PRQPObAL .... _ 1U CONTROLS SERVICE PROPOSAL ....... 17 QUALIFICATIONS ................................ 28 R E S U M E S ...................... _ 1, I...,,......,,.. 29 EXPE Rf Eiji C E ,...................................... 37 REPORTING ........................................ .. z EDUCATION.. MACMILLER.COM 1-800-962-5979 MacDonald -Miller SEATTLE EVERETT REDMOND TACOMA KENNEWICK PORTLAND EUCERE SPOKA.NE 7,AC[L17V Fly LUTE 0 N S Page 76 of 133 BID PROPOSAL HVAC CONTROLS UPGRADE & PERFORMANCE MANAGEMENT SERVICES PROPOSAL SUBMITTED TO: City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 PROPOSAL SUBMITTED BY: Bidder. MacDonald -Miller Facility Solutions, LLC Full Legal Name of Firm Contact: Rory Olson Individual with Legal Authority to sign Bid and Contract Address: 17930 International Blvd, Ste 120 Street Address Seatac, WA 98188 City, State Zip Phone: 206-768-3998 E-Mail: rory.olson@macmiller.com Select One of the Following: ❑ Corporation * Partnership: ❑ Individual ❑ Other State Contractor's License No.. MACDOFS8080S State Contractor's License Expiration Date: 8 Month State UBI No.: 602-254-260 State Worker's Comp. Account No.: 457-05 CITY OF FEDERAL WAY 27 2024 Day Year RFB-7 CFW RFB VERSION 2023 APR Page 77 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 NOTE: All entries shall be written in ink or typed. Unit prices for all items, all extensions, and total amount of bid shall be shown. Enter unit prices in numerical figures only, in dollars and cents to two (2) decimal places (including for whole dollar amounts). All figures must be clearly legible, Bids with illegible figures in the unit price column will be regarded as nonresponsive_ Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto, The Bidder shall complete this entire Bid Form or this bid may be considered non -responsive, The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. SCHEDULE A: HVAC CONTROL UPGRADES & PERFORMANCE MAINTENANCE SERVICES All unit prices shall NOT include applicable sales tax. Sales tax should be applied to the subtotal for this bid schedule. Item No. Spec. Div. Bid Item Description SCOPE OF WORK — PART 1 — HVAC Unit Plan Qty_ 1 Unit Price Amount 1 LS $ 360,991 ;$ 360,991 (CONTROLS UPGRADES 2 SCOPE OF WORK — PART II — LS 1 $ 7,246 $ 7,246 PREVENTATIVE MAINTENANCE SCOPE OF WORK — PART III — 3 PERFORMANCE MANAGEMENT LS 1 $ 55,032 $ 55,032 DETAILS SUBTOTAL —SCHEDULE A :$ 423,269 SALES TAX (10.1%) :$ 42,750.17 TOTAL — SCHEDULE A .$ 466,019.17 BID SUMMARY The documents incorporated by reference, as if fully set forth, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. Pursuant to and in compliance with the Advertisement for Bids for the Project, and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents, considered conditions which may affect the delivery, supply and maintenance for the Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the referenced bid amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. NON -COLLUSION AFFIDAVIT CITY OF FEDERAL WAY RFB-8 CFW RFB VERSION 2023-APR Page 78 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 By signing this proposal, the undersigned acknowledges that the person(s), firm, association, or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this project. To report rigging activities, call 1-800-424-9071. The U.S. Department of Transportation (USDOT) operates the toll -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. CONFLICTS OF INTEREST, GRATUITIES, & NON-COMPETITIVE PRACTICES By signing this proposal, the undersigned agrees as follows: (1) That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and/or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require; and (2) That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and (3) That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five-year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under Chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The Contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act now or as herein after amended, 8 U.S.C. 1101 et. Seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. Receipt of the following Addendums is hereby acknowledged: Addendum No. _ Date Issued. Addendum No. Date Issued: Addendum No. Date Issued: CITY OF FEDERAL WAY RFB-9 CFW RFB VERSION 2023-APR Page 79 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. Signature Rory Olson Printed Name President of Building Services Title Subscribed and sworn to before me this -�e day of Kom Jv 2013. •'`•IMf11INry1,r Sig +fe of Notary RlCiqf an _' Printed name of Notary c`� �yOSARY = Notary Public in and for the S# to Washington s AVg4�G 0 My commission expires:12 . OF P5 W� '"14HIli1111" % CITY OF FEDERAL WAY RFB-10 CFW RFB VERSION 2023-APR Page 80 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 BID BOND HVAC CONTROLS UPGRADE i& PERFORMANCE MANAGEMENT SERVICES OPTION 1: BID BOND DEPOSIT Attached is a deposit in the form of a certified check, cashier's check, or cash in the amount of $_ , which amount is not less than five percent (5%) of the total bid. Principal - Signature of Authorized Official Date Title —OR— OPTION 2: BID BOND KNOW ALL PERSONS BY THESE PRESENTS that we, Mar -Donald -Miller Facility Solutions. LL.0 as Principal, and Libegy Mutual Insurance Com pany as Surety, are held and firmly bound unto the City of Federal Way, as Obligee, in the sum of five (5) percent of the total amount of the bid proposal for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for the above - mentioned Project according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Surety shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AN DATED THIS 31st DAY OF August , 20 23 Mi €] a -er •aciiiy- Solutions, LLC Liberty Mu surance Company P he pa - Signatu of rized Official rare - Atto ct Rio alien ach ach Pow of Attom M^rz k- W&3-- L� , C Title Name and Address of Local Office/Agent of Surety Company is: Parker, Smith & Feek 2233 112th Avenue NE, Bellevue, WA 98004 (425)709-3600 CITY OF FEDERAL WAY RFB-11 CFW RFB VERSION 2023 APR ►.J0c0RP nrgyr��.n Zo .� Fb in '4� 1912 0 661/7 c144103 * Seal No. 5690 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 Page 81 of 133 5 En av W 15 a) om au m _-p O q7 O ❑ ! C f0 N N t7r Cn E c This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8210462-023001 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, Mat Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint. Alec Gumpfer, Andrew Kiaziake. Andrew P Larscn, Deanna M French- Derek Sates, Elizabeth R Iiahn, Guy Armficld, Jana M Ray. John Clan; s, KatriXil Cooper, Mindoc L. Rankin. Nicholas Fredrickson. Rorer Kaltenbach. Seou Fisher, Scon Garcia, Scott McGiIvray, 5u5an B Larson of Bellevue, WA, Ronald J Langc. Chmla. M. Boa dle. Jennifer BarrctofSpokane. WA: Charles W Flobere. Drew D bleesseAAJames Ifamlln. John _M- MNIcr, Mason M Marks. Michael 5 Granstern . Nichol is Warren. William M. Smith. Greeory C. Ryerson of Portland- OR: Abbie A Bonney. Sandy L RosvA ll. Janie Me. Marie I Mateuch- Sharon Pori- Brenda 5 Nolin ail of the city of Anchorage state of AK each individually if there be more than one named, its true and lawful attorney -in -Fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as ds act and dt?ed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this loth day of July 2023 Liberty Mutual Insurance Company P4 I Sub 01 rrrsU d tNsifgq The Ohio Casualty Insurance Company �y`ppvn>otrr'�yR'b 4atwogt�'eq� c,P calwary�rdc West American Insurance Company > 1912 1919 o a 1991 0 V. s � arCM1SC �a O kAY*� � r�, Mal P. as By: David M. Carey, Assistant Secrelary State of PENNSYLVANIA County of MONTGOMERY ss On this 20th day of July , 2023 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company. The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF,1 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 61' PAS _ r �� tpnnlpnweanr, or Pennsylraia - Nogry Seas a it 7 Teresa Fasleia, rwWy Pubic Montgomery County /ly J _ f My commission expires March 2a, 2025 By, iLILC� - ` ,g Commission number 15260+4 i e?W Pastella. Nola Public 3yv: 'C' >xe.raa. A�rmryl�a,I�x. ._--mrtueaeies rY 4RM This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the. seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atlomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE All — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked INTESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 31 St day of August . 2023 , 0-WSW?q I1 04o SNStl�p n Fo 1912 c� O= 1919 W on4 1991 Y v 3 s By: dp+ �T■err ,soya o �`+.a,.n a rse,ruz► da Renee C. Llewellyn, Assistant 5eeletary LMS-12B73 LMIC OCIC WAIC Multi Co 0221 Page 82 of 133 SUBCONTRACTOR LIST Idow Washington State WIf Department of Transportation Subcontractor List Prepared in compliance with RCW 39.30.060 as amended To Be Submitted with the Bid Proposal Project Name City of Federal Way - HVAC Controls Upgrade & Performance Management Services Failure to list subcontractors with whom the bidder, if awarded the contract, will directly subcontract for performance of the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical, as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will resuh in your bid being non -responsive and therefore void. Subcontractors) with whom the bidder will directly subcontract that are proposed to perform the work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described In Chapter 19.28 RCW must be listed below. The work to be perforated Is to be listed below the subcontractors) name. To the extent the Project includes one or more categories of work referenced in RCW 39.30.060, and no subcontractor Is listed below to perform such work, the bidder certifies that the work will either (i) be performed by the bidder itself, or (ii) be performed by a lower tier subcontractor who wiH not contract directly with the bidder. Subcontractor Name MacDonald -Miller will not be using any subcontractors for this work. Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed Subcontractor Name Work to be performed Bidder's are notified that it is the opinion of the enforcement agency that PVC or metal conduit, junction boxes, etc, are considered electrical equipment and therefore considered part of electrical work, even if the installation is for future use and no wiring or electrical cunent is connected during the project. DOT Form 271.015 Revised 0612020 CITY OF FEDERAL WAY RFB-12 CFW RFS VERSION 2023-APR Page 83 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD. I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of Chapters 49.46, 49.48, and 49.52 RCW within three (3) years prior to the date of the Request for Bids. Bidder Name: MacDonald -Miller Facility Solutions, LLC Print Full Legal Name of Firm Z�L� Signature of Authorized Person Title: President of Building Services Title of Person Signing Certificate Date_ CITY OF FEDERAL WAY Rory Olson Print Name of Person Making Certifications for Firm Place: Seatac, WA Print City and State Where Signed RFB-13 CFW RFB VERSION 2023 APR Page 84 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 PROPOSAL FOR INCORPORATING RECYCLED MATERIALS dPil�d APWA-WA Division 1 Committee rev. 1/8/2016 Proposal for Incorporating Recycled Materials into the Project In compliance with a new law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section M3.21(1)E, Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: G percent. Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and wilt not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie -breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions. Bidder: MacDonald -Miller Facility Solutions, LLC Signature of Authorized Official: [l Date: r� 2 _y� CITY OF FEDERAL WAY RFB-14 CFW RFB VERSION 2023-APR Page 85 of 133 HVAC CONTROLS UPGRADES & PERFORMANCE MANAGEMENT SERVICES RFB #23-010 CONTROLS U PROPOSAL /r/.aaa■ar.a/au■r/ r.aaF■..:F�rra/� ■a..r.slwa-.sa■ ■a.taeaa:.I.a■ r///a Ra a.Ili�l� ■/■a■■lRia■! _ raA ■/!■aa■iwa/Fr.waO ■raraarrlarr_.rr /l..aa■■ia/■ _.rr ■aa.aasa9aaa Was ■/■ ■a■■aF■FRaea Y ■rw aa.laai.raaF _ ■rr ■_.aarar■!r_r!I ■_rRr.aaraa_aIF ■_.a■■r■■[�_wsr ■ � R a I I ■ ■ ■ i _ . ! 1 ■a�r■yrRaaarlaea ■�aa ee■e �R.F .�a.r ! memo i = ■■,Z _1 amap �a0—M 19 rsoon" a__aaa ■ Y Y Y F wwar�� tMEMMMI, C � ■ jen i� C MacDonald -Miller FACILITY SOLUTIONSt We make buildings work better. DETAILED SCOPE OF WORD[ Your upgraded BMS will provide you an open protocol, vendor neutral system that can be accessed by you, from anywhere, at anytime. This project includes specified controls, wiring, graphics, software, and programming, submittals, engineering, as -built documentation, customer training and warranty. Scope of work, deliverables and requirements can be referenced in RFB # 23-010 CFW RFB Version 2023-APR. City Hall We highly recommend replacing the existing obsolete (60) Siemens Staefa Smart II VAV controllers with new BACnet IP DXR controllers. (20) of the existing VAV controllers have been upgraded to LON based controllers and currently do not need to be replaced. Please see Alternate Add #1. The existing N4 Supervisory software currently resides on a city virtual server CFWHVAC and will be a central hub for all connected buildings, including the Community Center and the Performing Arts Event Center. MacDonald Miller will upgrade the existing N4 Supervisor to the current version. All graphics will reside within the Supervisor to mitigate JACE congestion and allow for faster data transfer speeds. Community Center We highly recommend replacing the existing obsolete Honeywell WEBS 600 with the newest N4 Tridium JACE 8100 and (46) proprietary JCI N2 controllers with new BACnet IP DXR controllers. MacDonald Miller will ensure the Community Center is visible and able to be accessed from the Supervisor virtual server CFWHVAC. Performing Arts Event Center We highly recommend replacing the existing Alerton front-end controller with the newest N4 Tridium JACE 8100. MacDonald Miller will integrate the existing LG VRF system to be visible and able to be accessed from the Supervisor virtual server CFWHVAC. BASE SCOPE: City Hall (RFB # 23-010 Section 2b and 2c) Supervisor • Provide and install current version of N4 Supervisor software • Provide and install N4 Supervisor software to include 3-year Service Maintenance Agreement (SMA). SMA ensures that the software revisions are up to date through the SMA period This proposal is for the named person's use only It may contain confidential, proprietary or legally priveleged information If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. macmillencom 1-800-962-5979 WASHINGTON & OREGON Page 87 of 133 M MacDonald -Miller T-6.ii56y FACILITY SOLUTIONS - We make buildings work better. VAVs Remove and demo existing (60) Staefa Smart II controllers o SMT-II (DDC Controllers): Quantity-2 o SMT-II (HTP Controllers): Quantity-1 o SMT-II (VAV Controllers): Quantity-57 Provide, install, and program (60) DXR controllers New controllers will be programmed with standard sequences and points Community Center (RFB # 23-010 Section 2d) JACE • Remove and demo existing Honeywell WEBS JACE 600 • Provide, install, and program new N4 Tridium JACE 8100 • Migrate existing programming, sequences, schedules and all existing points form old WEBS 600 to new N4 Tridium JACE 8100 • Provide and install JACE software to include 3-year Service Maintenance Agreement (SMA). SMA ensures that the software revisions are up to date through the SMA period • Refresh graphics to current MacDonald Miller industry standard VAVs • Remove and demo existing (46) JCI N2 controllers o JCI N2 Controllers (proprietary): Quantity-8 o JCI VMAX N2 Controllers (proprietary): Quantity 38 • Provide, install, and program (46) DXR controllers ■ New controllers will be programmed with standard sequences and points Performing Arts Event Center (RFB # 23-010 Section 2e) JACE ■ Remove and demo existing Alerton front-end controller • Provide, install, and program new N4 Tridium JACE 8100 • Migrate existing programming, sequences, schedules and all existing points from old controller to new N4 Tridium JACE 8100 • Interate LG VRF system • Integrate existing Alerton BACnet controllers • Provide and install JACE software to include 3-year Service Maintenance Agreement (SMA). SMA ensures that the software revisions are up to date through the SMA period • Refresh graphics to current MacDonald Miller industry standard This proposal is for the named person's use only. It may contain confidential, proprietary or legally priveleged information. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. macmiller.com 1-800-962-5979 WASHINGTON & OREGON Page 88 of 133 11 ff�� MacDonald -Miller FACILITY SOLLITIONSO We make buildings work better. TOMELINE Estimated timeline (RFB # 23-010 Section 2h) ESTIMATED TIMELINE DESCRIPTIO , N 6 DAYS NTP / CONTRACT APPROVAL ENGINEERING: CITY HALL, COMMUNITY CENTER, PERFORMING ARTS 30 DAYS EVENT CENTER PROCUREMENT OF EQUIPMENT AND PARTS LOW-V ELECTRICIAN ROUGH -IN OF COMMUNICATION WIRING: CITY HALL, 30 DAYS COMMUNITY CENTER, PERFORMING ARTS EVENT CENTER EQUIPMENT AND PARTS ARRIVAL INSTALLATION OF EQUIPMENT AND PARTS 90 DAYS TESTING AND COMMISSIONING 10 DAYS TRAINING 4 DAYS TOTAL NO. OF DAYS: 164 DAYS ALTERNATE ADD OPTION 1. Replace Existing City Hall LON Controllers with BACnet IP Controllers Current BMS controller technology uses the latest state-of-the-art BACnet IP communication protocol that allows for the increase in data transfer speeds required by today's Smart Buildings. McDonald Miller wishes to equip the City of Federal Way for the future and is installing high-speed BACnet IP communication wiring when installing the new (60) VAV controllers at City Hall. The remaining (20) controllers are on the LON protocol, which is a protocol that is being phased out. The City can maintain the LON controllers, and as they fail, replace This proposal is for the named person's use only It may contain confidential, proprietary or legally priveleged information If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. macmiller.com 1-800-962-5979 WASHINGTON & OREGON Page 89 of 133 12 MacDonald -Miller A_ n ' ." FACILITY SOLUTIONS - We make buildings work better them with new BACnet IP controllers or MacDonald Miller recommends as a value -add option, to also replace the (20) existing LON controllers. PRICE CITY HALL (20) LON CONTROLLER REPLACEMENT 1 $42,770 TOTAL COST: 1 $42,770 Performance Management Services: Building Analytics and "FDD" Continuous Commissioning with MacDonald Miller Smart Building Services Your building's HVAC system's data can be utilized to optimize your tenants' comfort, building equipment performance and reliability, and overall energy efficiency. Smart Building Services provide insight that can identify the root cause of your building HVAC problems and get ahead of problems BEFORE they occur. With these insights, you can increase the comfort of the building occupants, avoid costly emergency repairs and decrease your amount of service calls, annual maintenance and operating costs. With your Tridium controls system, Smart Building Services is a software overlay application that works seamlessly together to provide the building analytics and continuious commissioning building operators are seeking to mitigate equipment failure and added tenant comfort. This will also satis_ify_the Washington State Legislation on Clean Energy Transformation Act (CETA), RCW 19.27A comoiiance requirement. SBS is a completely customizable solution that can streamline tenant usage, comfort reporting, and be preventative to equipment failure. It is not just another screen to look at, but real-time data that can be trusted and meaningful. PERFORMANCE MANAGEMENT SERVICES SMART BUILDING SERVICES / BUILDING ANALYTICS AND FDD CONTINUOUS COMMISSIONING TOTAL• This proposal is for the named person's use only. It may contain confidential, proprietary or legally priveleged information. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. macmiller.com 1-800-962-5979 WASHINGTON & OREGON Page 90 of 133 13 MacDonald -Miller FACILITY SOLUTIONS® We make buildings work better. PSE INCENTIVE COORDINATION MacDonald Miller will actively pursue any PSE incentive or utility custom grant and provide all documentation necessary for eligibility. The potential for energy -savings can be significant, and MacDonald Miller's Smart Building Analytics value -add ensures maximum energy savings which equates to maximum incentive dollars! All eligibility requirements and incentive amounts to be solely determined by PSE. If the City of Federal Way wishes to explore incentive opportunities, the MacDonald Miller Energy Team can assist in providing a ball -park incentive amount and costs associated with chasing incentive dollars. INCLUSIONS ■ Owner Training, 9 hours • 1 Year Warranty ■ Proposal assumes normal working hours (M-F) • Testing and commissioning of upgraded controls to ensure proper functionality and seamless integration with the existing systems EXCLUSIONS • WSST, OT Premium, after-hours, or weekend work unless otherwise negotiated • Provision or wiring of 120 VAC to control panels • Scope associated with any equipment not specifically detailed and included in scope • Pricing assumes re -use of existing control panels unless otherwise specified • Repairs or maintenance associated with existing sensors, actuators, devices, controls or communication wiring • Cost or schedule impacts due to COVID-19 or supply chain issues • Spare Parts • IP drop provided by customer • Pricing assumes virtual server CFWHVAC is operating properly ■ Workstation Caurlldwi it to a clean tluilding. This proposal is for the named person's use only. It may contain confidential, proprietary or legally priveleged information. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. macmiller.com 1-800-962-5979 WASHINGTON & OREGON Page 91 of 133 m Upon which this proposal is based. This proposal does not include, unless so stated, any applicable state or federal taxes. This proposal is subject to acceptance by purchaser within 30 days and subject to the terms and conditions stated on the following page. MacDonald -Miller FACILITY SOLUTIONSk') We make buildings work better. MACDONALD-MILLER FACILITY SOLUTIONS, LLC. Submitted by: Autumn Siemieniec Account Executive c Submitted by: Dan Freyling Sr. Account Executive Acceptance: I agree to the terms hereof and acceptance of this agreement. Purchaser By Date: This proposal is for the named person's use only. It may contain confidential, proprietary or legally priveleged information. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. macmillercom 1-800-962-5979 WASHINGTON & OREGON Page 92 of 133 15 MacDonald -Miller FACILITY SOLUTIONS - We make buildings work better. TERMS AND CONDITIONS/CONSTRUCTION SERVICES Acceptance By authorizing MacDonald -Miller Facility Solutions, LLC, to provide the construction services contemplated by this Agreement, Customer agrees to the terms and conditions herein stated. Scope of Obligations MacDonald -Miller Facility Solutions, LLC, shall provide construction service when contracted for, pursuant to the attached proposal, purchase order or estimate of which these terms and conditions are a part. Obligations of Customer Customer shall extend all reasonable cooperation requested in terms of personnel; access to premises where work is to be performed; promptly providing infonnation requested by contractor, and shall promptly notify MacDonald -Miller Facility Solutions, LLC. upon observation of any unusual or unsafe condition. Service Availability MacDonald -Miller Facility Solutions, LLC, agrees to provide construction service during normal business hours, i.e., 6:00am to 5:30 pm, Monday through Friday, holidays excepted Agreed upon changes are at the hourly rate and terms, including vehicle charges orspecial assessments, then in effect by MacDonald -Miller Facility Solutions, LLC. Charges and Terns Payment is due within 30 days of the invoice date. Any balance due after 30 days shall bear interest at the maximum legal rate permitted from the invoice dale. Taxes There will be added to all charges the amount of any present and future taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to any services rendered or materials supplied Limitation of Liability MACDONALD-MILLER FACILITY SOLUTIONS, LLC. SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, AS A RESULT OF ANY MATTER ARISING OUT OF OR RELATING TO THE CONSTRUCTION SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR ITS SUBJECT MATTER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The customer agrees that MacDonald -Miller Facility Solutions, LLC: s liability thereunderfor damage shall not exceed the amount paid for construction services and only if such damage is the result of MacDonald -Miller Facility Solutions, LLC,'s negligence or willful misconduct, To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor and its agents and employees from any claims, damages, losses and expenses including attorney's fees to the extent caused by the negligent acts or omissions, or willful misconduct of the Owner. Unless stated in writing, MACDONALD-MILLER FACILITY SOLUTIONS, LLC, DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MacDonald -Miller Facility Solutions, LLC. shall not be responsible or liable for any loss, damages or delay in furnishing materials or failure to perform services when caused by fire, interruption of utility services, flood, acts of civil or military authorities, insurrection, terrorist act, not, civil disorder, labor disturbances, or by any other cause which is unavoidable or beyond its control. If the Contractor is delayed by any act or neglect of Owner or a separate Contractor employed by Owner, the time for completion shall be extended as necessary and an extension of time to compete the work does not preclude recovery of damages for delay by Contractor, DefaultIf Customer does not pay any amount due thereunder, or breaches any of the terms of this Agreement, MacDonald -Miller Facility Solutions, LLC. may, in addition to any other legal remedies it may have, including the right to file a lien under state law, suspend work until payment is made. Term Prices will be subject to periodic changes due to change in labor and material rates. General Either party may terminate this Agreement at any time for failure of the other to comply with any of its terms and conditions, but termination shall not relieve Owner of the duty to pay for work performed by Contractor, Customer represents that it has authority to enter into this Agreement Owner warrants that to the best of its knowledge there are no unsafe conditions or hazardous materials or substances in, on, around or affecting the area where the work is to be performed This Agreement shall be governed by the laws of the State where the work was done. In the event any party shall bring suitor action against the other for relief arising out of this Agreement, the prevailing party shall have and recover against the other party all court costs, disbursements, and a reasonable attorney's fee. Customer consents to and agrees to jurisdiction and venue of any proceeding in the District or Superior Court of the State of Washington for King County at MacDonald -Miller Facility Solutions, Inc's election. Making a final payment shall constitute a waiver of daims by the Owner except those arising from claims by third parties ad sing out of the contract, failure of the work to comply with the requirements of this contract, or manufacturer warranties passed onto the Owner by Contractor, The Owner and Contractor shall commence all claims and causes of action against the other whether in contract, tort, breach warranty or otherwise arising out of or related to this contract within 365 days following Contractor's completion of the work. Publicity and Promotion. Customer and MacDonald -Miller Facility Solutions, LLC., (MMFS) agree that MMFS is entitled rights of publicity or promotion with respect to the work completed by MMFS under this Agreement, including, but in no way limited to, photographs and written or graphical depictions of the work, the project, and product, MMFS may exercise such rights of publicity or promotion in any way it deems appropriate for marketing or other promotional purposes. MMFS shall retain exclusive ownership of any intellectual property rights that may result from any such publicity or promotion, including, but in no way limited to, copyright or trademark protection, Photographs or other graphical depictions of non-MMFS personnel will only be used with written consent by the Customer and the individual. Furthermore, the Customer agrees to the use of their nameAogo by MMFS in furtherance of MMFS's rights of publicity. Any press release will be mutually agreed upon (forth and content) by both parties prior to its release. Any notice required by this Agreement shall be deemed received, delivered in person, or by facsimile or sent by mail. This proposal is for the named person's use only. It may contain confidential, proprietary or legally priveleged information. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information contained in this proposal and any accompanying documents is strictly prohibited. macmiller.com 1-800-962-5979 WASHINGTON & OREGON Page 93 of 133 CONTRv�%j MAINTENANCE PROPOSAL a � r wow _ RI _i Reel INER 409 m ■aR■r\ / a = XON■■ = MR ii ■/ ^ _.\1Rl=R IICmomANNmom �!a _ 160 -__�. ____SEEMS F_ C'" — Service Agreement DATE: 8/31 /2023 SERVICES BILLED TO: Jason Gerwen City of Federal Way 31510 Pete Von Reichbauer Way S Federal Way, WA 98003 MacDonald -Miller FACILITY SOLUTIONS We make buildings work better. SERVICES TO BE PROVIDED AT THE FOLLOWING LOCATION(S): Federal Way Performing Arts, Community Center, and City Hall Price and Payment Terms MacDonald -Miller Facility Solutions will provide the services listed, in accordance with the attached Equipment List, during normal working hours using our employees or persons supervised by us. PERFORMING ARTS ANNUAL BILLED COST $ 2,412.00 + tax QUARTERLY $ 603.00 + tax COMMUNITY CENTER BILLED ANNUAL COST $ 2,412.00 + tax QUARTERLY $ 603.00 + tax CITY HALL BILLED ANNUAL COST $ 2,412.00 + tax QUARTERLY $ 603.00 + tax Effective Date & Duration of Agreement Coverage will begin on the 1st day in October, or on the first of the subsequent month following the accepted by date entered on the customer signature line, whichever is later. The Agreement will remain in effect for a consecutive year and will automatically renew on a yearly basis thereafter. This Agreement will be evaluated on an annual basis and will be escalated by a minimum of four percent due to increasing labor and material costs. MMFS may elect not to renew this Agreement on an annual basis or upon 30 days' written notice at any time. Acceptance THIS PROPOSAL SUBMITTED BY: THIS PROPOSAL ACCEPTED BY: Josh Johnson, Senior Account Executive Customer Signature / Date MacDonald -Miller Facility Solutions, LLC Print Name / Title macmiller.com 1-800-962-5979 WASHINGTON & Oftg of 133 m 11=� 1-H - == =_ Specialty Service Controls System Integrity Verification SEMI-ANNUALLY MacDonald -Miller er FACILITY SOLUTIONS We make buildings work Getter. Our building controls specialist is your key to a smooth -running controls system. This service provides a routine assessment of your building controls system regarding the integrity of your network and perform a controls system backup that is saved to a secure server to be used in the event of major system failure. Operator Support NOTINCLUDED The MacDonald -Miller building controls specialist exists to support your building operator across all essential facets. This time will be used to train, make special modifications, and provide additional controls system support that is specific to your site's needs. macmiller.com 1-800-962-5979 WASHINGTON & Op&@M of 133 18 Inclusive Services Comprehensive Repair and Replacement Coverage NOTINCLUDED MacDonald -Miller FACILITY SOLUTIONS", We make buildings work better. MacDonald -Miller will provide covered emergency services upon your notification to the MacDonald - Miller Service Coordination Call Center 24 hours/day 7 days/week for the listed pieces of Equipment. In addition, to reduce the effects of system downtime and minimize downtime MacDonald -Miller will proactively repair or replace failed or worn components to maintain your system in peak operating condition. Labor and material(s) are included for maintainable components within the unit up to the electrical disconnect for the equipment identified on the Equipment List. • For a list of exclusions specific to your site please refer to the following locations within this document: o Location Exclusions (Overtime labor, comfort calls resulting from thermostat or control tampering), if applicable o Equipment List, if applicable o Terms and Conditions Standard Repair Authorization & Primary Point of Contact INCLUDED All necessary minor repairs up to $1,500.00 will be completed by MacDonald -Miller Facility Solutions without further authorization. For repairs that are larger than this amount we will contact: Name: Capital Planning NOTINCLUDED Phone: Email. - To ensure quality service and that your facility needs are being met your assigned team will schedule regular meetings with you to discuss your assets performance. Topics covered will include your building systems, your facility, and evolving organizational strategies. macmiller.com 1-800-962-5979 WA5HINGTON & 00§ of 133 19 n Sri -- APPENDIX SUPPORTING DOCUMENTS Terms & Conditions Complete Equipment List with Model, Serial & Location Family Tasking Key Contacts Customer Advantages MacDonald -Miller FACILITY SOLUTIONS We make buildings work better. macmiller.com 1-800-962-5979 WASHINGTON & Oft of 133 20 MacDonald -Miller :HIN: FACILITY SOLUTIONS We make buildings work better. -O r Terms and Conditions Acceptance By authorizing MacDonald -Miller Facility Solutions, LLC ("MMFS") to provide the services contemplated by this Agreement, Customer agrees to the terms and conditions herein stated, which shall prevail over any terms or conditions provided by Customer, unless MMFS specifically agrees in writing that such terms or conditions provided by Customer prevail. No sales representative, agent or employee of MMFS is authorized to alter, vary or waive any of these terms and conditions. Such changes require the written approval of an authorized officer of MMFS. Scope of Obligations MMFS shall provide only those services selected by Customer. MMFS shall not be under any obligation to provide services beyond those selected by Customer. Obligations of Customer shall operate and maintain the equipment in accordance with instructions given by MMFS and the manufacturer and Customer agrees to extend all reasonable cooperation requested by MMFS, including but not limited to personnel; premises; available building maintenance material, tools, ladders, etc.; and movement of items blocking normal access to required work. Customer shall promptly notify MMFS of any unusual or unsafe operating condition. MMFS shall have full and free access to the equipment to provide service. Customer shall provide a safe working environment and shall promptly notify MMFS of any unsafe or dangerous conditions. Service Availability MMFS agrees to provide service availability during normal business hours, i.e., 8:00 to 4:30 pm, Monday through Friday, holidays excepted, and service during non -normal business hours, if contracted for, at the hourly rate and terms, including vehicle charges or special assessments, then in effect by MMFS. If any emergency service call is made at Customer's request and inspection does not reveal any defect for which MMFS is responsible, Customer will be liable for regular emergency charges prevailing for such service. Customer acknowledges that there is a minimum charge of one (1) hour. If persons other than MMFS perform maintenance of or repair a unit of equipment, and as a result further repair by MMFS is required, such repairs will be made at MMFS's applicable time and material rates and terms then in effect. Maintenance or repair by any person other than MMFS may invalidate any applicable warranty by MMFS and/or manufacturer. Charges and All maintenance contract charges will be invoiced in advance of work performed. All service repair, special project, and extra Terms work will be progress invoiced. Payment is due upon receipt of invoice. Any balance due after 30 days shall bear interest at the maximum legal rate permitted from the invoice date. The title and right of possession to any materials or equipment remains with MMFS until MMFS has been paid in full all principal amounts and interest charges. Customer agrees to perform all acts necessary to protect and maintain this title and right of possession. Taxes Any taxes or fees applicable to the services contemplated by this Agreement are to be paid by the Customer. There will be added to all charges the amount of any present and future taxes, or any other governmental charges now or hereafter imposed by existing or future laws with respect to any services rendered or parts supplied. Video Capture MMFS utilizes photography and video (with audio) capture as part of its normal service routine. Customer, on behalf of itself and of its employees and agents, consents to, acknowledges and accepts this practice and understands such content is the property of MMFS and the customer. Publicity and Customer and MacDonald -Miller Facility Solutions, LLC., (MMFS) agree that MMFS is entitled rights of publicity or promotion Promotion with respect to the work completed by MMFS under this Agreement, including, but in no way limited to, photographs and written or graphical depictions of the work, the project, and product. MMFS may exercise such rights of publicity or promotion in any way it deems appropriate for marketing or other promotional purposes. MMFS shall retain exclusive ownership of any intellectual property rights that may result from any such publicity or promotion, including, but in no way limited to, copyright or trademark protection. Photographs or other graphical depictions of non-MMFS personnel will only be used with written consent by the Customer and the individual Furthermore, the Customer agrees to the use of their name/logo by MMFS in furtherance of MMFS's rights of publicity. Any press release will be mutually agreed upon (form and content) by both parties prior to its release. 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, light fixture 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) plumbing (unless added by Contract Rider); 0) non-moving or non -maintainable parts, heat exchangers (all styles), coils, ductwork, and boiler vessels;(k) all glycol for hydronic systems. Comprehensive coverage excludes obsolete components and systems and factory software. Refrigerant recharging is limited to the industry standard for normal annual leakage during routine maintenance. Customer warrants that the systems covered have received required regular maintenance and are in good working condition, and chemical and glycol levels of hydronic systems are at proper levels, and chemical feed equipment in working order. If repairs are found necessary upon initial inspection or initial seasonal start-up, repair charges will be submitted for approval macmiller.com 1-800-962-5979 WASHINGTON & ORNq"g of 133 21 iii1'_� MacDonald -Miller li t ill 'i FACILITY SOLUTIONS ? • M= We make buildings work better. (unless added by Contract Rider). Should these restoration charges be declined, those non -maintainable items will be eliminated from the program and the monthly maintenance price adjusted accordingly- MMFS will not be required to make safety tests or to install new attachments, additional controls or equipment as recommended or directed by any insurance company or governmental authority, or to make replacements contracted for with parts or devices of a different design for any reason. Limitation of THE CUSTOMER AGREES THAT MMFS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, Liability CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, OR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR ITS SUBJECT MATTER WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The customer agrees that MMFS's maximum liability for any acts or omissions arising from this Agreement shall not exceed $15,000 or the amounts paid to MMFS under this Agreement in the 3 months prior to the date of the act or omission, whichever is less. MMFS shall not be responsible or liable for any loss, damages or delay in furnishing materials or failure to perform services when caused by fire, interruption of utility services, flood, acts of civil or military authorities, insurrection, terrorist act, riot, civil disorder, labor disturbances, or by any other cause which is unavoidable or beyond its control. Warranty MMFS warrants the parts and labor contemplated by this Agreement against defects in material and workmanship, under normal use and service, for a period of one (1) year. This warranty does not apply if Customer fails to immediately notify MMFS in writing of such defect or fails to take steps to prevent any defect from becoming more serious. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, MMFS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OF NATURE, EXPRESS OR IMPLIED, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT ANY ORAL AGREEMENTS STATEMENTS AND REPRESENTATIONS MADE BY MMFS, ITS EMPLOYEES OR ITS AGENTS SHALL NOT CONSTITUTE A WARRANTY OF ANY KIND. FURTHER, CUSTOMER SPECIFICALLY AGREES THAT ALL WARRANTY RIGHTS, CLAIMS OR ACTIONS, AND ALL CLAIMS FOR DAMAGES OR REPAIRS, EXCEPT THOSE STATED HEREIN, ARE EXPRESSLY WAIVED AND ARE NOT APPLICABLE, AND THAT IT HAS NO CLAIMS FOR WARRANTIES, MISREPRESENTATIONS, BREACH OR DAMAGES EXCEPT AS EXPRESSLY SET FORTH HEREIN. Restriction on Hiring If within 180 days after this Agreement terminates or is no longer effective for any reason Customer employs or retains as an independent contractor any present or former employee of MMFS who performed any services under this Agreement, Customer agrees to pay MMFS a sum equal to 6 months service charge, as a reasonable reimbursement to MMFS for its expenses in training and familiarizing the employee with Customer's system. Default If Customer does not pay any amount due arising from this Agreement, or breaches any of the terms of this Agreement, MMFS may, in addition to any other legal remedies it may have, refuse to continue to service the equipment or terminate this Agreement. Term If this Agreement is an annual agreement, it shall remain in effect from year to year or until canceled by either party on 30 days written notice Prices will be subject to periodic changes due to change in labor and material rates. Indemnification Customer agrees to defend, indemnify, and hold MMFS harmless from any and all claims, demands, losses, liabilities, and damages (including but not limited to attorney fees) alleged to arise out of and to the extent of Customer's acts or omissions. General This Agreement shall be governed by the laws of the State where the work was done. Either party may terminate this Agreement at any time for failure of the other to comply with any of its terms and conditions. Customer represents that they are the owner of the equipment or, if not the owner, they have authority to enter into this Agreement. In the event any party shall bring suit or action against the other for relief arising out of this Agreement, the prevailing party shall have and recover against the other party all court costs, disbursements, and a reasonable attorneys' fees, costs, and expenses. Customer consents and agrees to jurisdiction and venue of any proceeding in the District or Superior Court of the State of Washington for King County at MMFS's election. MMFS's rights and obligations under this Agreement may not be assigned without its written consent. This Agreement constitutes the final, complete, and exclusive agreement between MMFS and Customer and supersedes all prior or contemporaneous agreements, representations, understandings, and promises, oral or written, between the parties. This proposal is the proprietary property of MacDonald -Miller Facility Solutions and is provided for the customer's use only. MacDonald- Miller Facility Solutions guarantees the price stated in this agreement for thirty (30) days from the proposal date. The customer acknowledges that they have read this Agreement, understand it and agree to be bound by its terms and further agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals oral or written and all other communications and prior agreements between the parties relating to the subject matter of the Agreement. The terms of this Agreement may not be amended, modified, or rescinded except by a written instrument signed by both parties. macmiller.com 1-800-962-5979 WASHINGTON & OKEON00 of 133 22 Equipment List City of Federal Way (=)MacDonald -Miller FACIUTY SOLUTIOW, We make buildings work better. junit# Manufacturer Description Model # Serial # Location N4 Tridium Supervisor Field Verify Field Verify Field Verify Supervisor Tridium Tridium JACE Field Verify Field Verify Field Verify JACE macmiller.com 1-800-962-5979 WASHINGTON & OREGON Page 101 of 133 23 Equipment Family: Controls MacDonald -Miller FACILITY SOLUTIONS COMMON EQUIPMENT REMOTETASK ONSITE ANNUAL ONSITE DESCRIPTION (CONTROLS) (CONTROLS) (CONTROLS) REVIEWALARM LOGS ✓ ✓ ✓ Controls (1-5 Jaces, 6-10 Jaces) REVIEWTREND LOGS ✓ ✓ ✓ • VAV Controls CHECK COMMUNICATION NETWORKS ✓ ✓ ✓ • Controls AX REVIEWAND VERIFY GRAPHICS ✓ ✓ ✓ REVIEWSYSTEM PROGRAMMINGAND ✓ ✓ ✓ Time Clock SEQUENCE OFOPS REVIEW ENERGY MANAGEMENTAPPS/SEQUENCES ✓ ✓ ✓ Variable Flow Branch Controller CHECK AND VERIFY MAJOR SYSTEM SET ✓ ✓ ✓ POINTS/OPERATIONS - Variable Frequency Drive CHECK AND UPDATE SYSTEM TIME ✓ ✓ ✓ CHECK AND VERIFY ASTRONOMICAL TIME CLOCK ✓ ✓ ✓ (IF APPLICABLE) CHECK AND VERIFY REMOTE ACCESS ✓ ✓ ✓ CODESTASK OPTION R REMOTE (CONTROLS) BACKUP DATABASE ✓ ✓ ✓ Controls Preventative CHECK AND VERIFY DAYLIGHT SAVINGS OPERATIONS ✓ ✓ ✓ Maintenance is performed on the system by dialing into the building, saving travel time. A full system CHECK AND VERIFY SCHEDULES ✓ ✓ ✓ overview is performed, checking all alarms, schedules, logic, and WRITE UP RECOMMENDATIONS ✓ V ✓ points. System backup will be downloaded and stored, Any REPORT RECOMMENDATIONS TO BUILDING CONTACT ✓ / ✓ mechanical issues found during PM that need an onsite visit will be approved by the onsite contact and CHECK AND RECORD SOFTWARE VERSION ✓ ✓ ✓ a technician would be dispatched to the site. VERIFY MAJOR SYSTEM SENSORS ACCURACY ✓ ✓ ✓ O ONSITE (CONTROLS) REVIEW SBS REPORT IF AVAILABLE / ✓ ✓ Controls Preventative Maintenance is performed onsite, including a full system overview to check CHECK AND VERIFY CUSTOMER USER INTERFACE ✓ ✓ all alarms, schedules, logic, and points, as well as verification of CHECK AND REPLACE SYSTEM POWER PACK ✓ user interface, System back up will be downloaded and stored, AO ANNUAL ONSITE (CONTROLS) Controls Preventative Maintenance including battery change, if . applicable_ Full system overview will be performed checking all alarms, schedules, logic, and points, as well as verification of user interface. System backup will be downloaded and stored. Verification of current software version will be performed and next steps outlined if outdated, Page 102 of 133 r+ra macmiller.com 1-800-962-5979 WASHINGTON & OREGON We make buildings work better. _fig MacDonald -Miller I ; i• x ��;.-y,,. FACILITY SOLUTIONS - _ - We make buildings work better. Building Performance Services I Key Contacts Physical Address: 2801 Pacific Ave, Tacoma, WA 98402 Mailing Address: PO Box 47983, Seattle, WA 98146 Contacts Area Operations Manager: Jeff Pattengale P:206-680-3160 1 C:206-396-8507 1 jeff.pattengale@macmiller.com Responsible for Southend service and maintenance operations. Senior Account Executive: Josh Johnson P:253-798-5084 1 C:253-442-7657 1 joshua.johnson@macmiller.com Responsible for new service maintenance contract development. Special Project Manager Lead: Steve Flink P:253-680-3172 1 C:206-396-8657 1 steve.flink@macmiller.com Responsible for capital replacements concerning mechanical systems. Controls and Energy Account Manager: Autumn Siemieniec P:253-798-5082 1 C:971-313-3619 1 autumn.siemieniec@macmiller.com Responsible for capital replacements concerning controls. Service Coordination - P: 206-767-7995 1 service@macmiller.com (email not monitored after regular business hours) Responsible for all general questions/requests, or to schedule a technician or small repair. Maintenance Contract Administration P:206-763-9400 1 maintenance.contractadmin@macmiller.com Responsible for service maintenance contract billing/invoices and contract processing. Director of Business Integration: Grant Gummow P:206-407-2652 1 C:206-499-6697 1 grant.gummow@macmiller.com Responsible for leading sales and managing client relationships. 24-HOUR SERVICE & EMERGENCY SERVICE NEEDS 1-855-MAC-HVAC macmillencom 1-800-962-5979 WASHINGTON & OM601403 of 133 25 MacDonald -Miller EE rt = == FACILITY SOLUTIONS® ;•_ _ _ __ k _ We make buildings work better. Going Above and Beyond Being a MacDonald -Miller Facility Solutions service customer goes beyond a relationship on a piece of paper. It's about the confidence of having the ceaseless support of our people, and + the comfort of having tremendous benefits at your disposal. Those essential advantages include: Dedicated Account Manager Our account management team is not composed of salespeople, but of advocates for your company. Your dedicated account manager strives to resolve any issues and develop ideas regarding energy conservation and improved building performance Advantages Dellmere 24/7 Largest Service Organization MacDonald -Miller is the largest service organization north of San Francisco. We have over 140 vans, servicing our customers in the Puget Sound area and beyond. Our 8 locations include 2 offices in Oregon. Zoned -Based 24/7 Service and 4-Hour Response Our technicians, dispatchers, field supervisors, and account management teams are aligned in geographical zones to dedicate themselves solely to customers in their area. We also have on -call service technicians available on evenings and weekends for our contract customers. Priority Response on Emergency Services and Repairs Our small -repairs team is dedicated to expediting the quoting and execution of all system repairs. We work closely with key suppliers and field personnel to rapidly respond to any needs that may arise. Customer Portal and MobileTech Our secure customer portal allows you to monitor and schedule service, as well as view your equipment list and agreement documents online. Our technicians are deployed with handheld technology that provides instant access to equipment service history, and the ability to instantly quote a repair while in the field. MacLens Our technicians are equipped with MacLens, a mobile application that captures photos and videos in the cloud for secure access by our customers. This tool provides real-time visibility of the condition and performance of your equipment. MacDonald -Miller is the first mechanical contractor in the PNW to offer this technology, which integrates before and after videos into call summary reports. Warranties We offer our contract customers a 1-year repair warranty on parts and labor and a 2-year (extended from manufacturers' 1-year warranty) parts and labor warranty on new installations that we service and maintain. macmiller.com 1-800-962-5979 WASHINGTON & ORE f6n 04 of 133 26 Custom( r r ^, I MacDonald -Miller FACILITY SOLUTIONS We make buildings work better. Customer Experience Initiative MacDonald -Miller has developed a unique program to help the service department continually evaluate the satisfaction of customers and make ongoing improvements to the level of service provided. Our customer experience commitment encompasses the following elements that help maintain and increase the quality of service delivered by the MacMiller team Customer Service Training is regularly held with key team members that work in the service department From the technicians to the service coordinators, each group learns the intricacies of providing exceptional customer service. Quality Control Checks are performed monthly by the area operations managers to check -in with service technicians on maintenance accounts, view the condition of the equipment, and speak to the site contact to ensure we are exceeding expectations. Customer Portal Implementation and Training is offered to all customers that are interested in utilizing the many features of our customer portal. This helpful tool allows for viewing past call summary reports, proposals, and equipment lists. With the added benefit of placing a service call directly from the portal, this online feature is yet another way MacDonald -Miller is committed to your satisfaction. Customer Satisfaction Surveys are periodically sent to customers throughout the year to see if the level of service being provided meets and exceeds expectations. macmiller.com 1-800-962-5979 WASHINGTON & Pf Q1R5 of 133 27 QUALIFICATIONS i/fflfrff�affr� ■fsfa■ ro//■fat ra•, � � ■f7f a■ ■ : a a e : c / � � ■ f , ■ a a a R■ a M f f■■ a a a / a ■/ f ■ f■ r a a ;ayaRaar■■faaaa■•a ■ r a r r a a a/■ f r a f r� ■saRraarfffra�ff■ a ■ : ■ ■ ■ ■ ■ ■ a ■ a # a ■ ■aaaf■■Mfff■���■ a a a a■■ R a f f i a #■ f■ ■ La a f a a a■■ f a no ff ■ a# e r a a a f■ f r a a f■ a fwlrfrrfffr aff■ f w a■■ a r f/■ a#■ f■ aft■ a r ■ /■f r a■/■ ■ar�frrlfffa���■ 1as■RR■fffa aMff■ ff�f ■a r ■ffl #ff■ ai rfRa # ■ /#ui■ f>_a//aa■aas■ ia�\a/1 a�la a�a■ ■a�■ / aa=: m ir r■ ■f� mm.aa I■f raa#»■ /fi+waasmr i a�f.a a a a f r o >� ■ �##af war/ra� aa�wa�a. >• a^ a a� i a m afe fR # f� # w i a� r al NEW ■ rai arr aai a.. � NNE 7 E MacDonald -Miller FAMI.li1Y SOLLY#'IONS41 III N We make buildings work better. %-1 QUALIFICATIONS QUESTION ANSWER YES = MAX POINT POINT YES OR NO NO = ZERO POINTS TOTALIZATION Do you have a Controls Service Department with Dedicated controls Yes 20 tech? (ONLY for service tasking) Is your company an approved Energy service company (ESCO) with the State Yes 15 of Washington? Does your company provide a turnkey project with dedicated controls, Yes 10 engineering, and electrical installation? Do you subcontract any or all of the No -10 tasks listed in Question #3? Are you able to support Honeywell WEBS or Siemens TALON Niagara Yes 10 hardware and software? Is your company an approved Honeywell ACI contractor or an ELITE Yes 15 Siemens TALON Contractor? Does your company have experience with Washington State Clean Building Yes 20 Standards RCW 19.27A_ Page 107 of 133 macmiller.com 1-800-962 5979 WASHINGTON & OREGON 28 ' Dan Freyling SENIOR CONTROLS PROJECT EXECUTIVE OL Dan has over 25 years of experience in controls and instrumentation, primarily in the areas of critical facilities, and commercial buildings. His years of experience in the environmental controls HVAC service business, and energy modeling gives him a unique perspective and understanding of whole building performance industry. As the Senior Account Executive Dan's primary focus is to develop the criteria for energy control upgrades, r' and integration solutions. Dan develops ongoing relationships through advising and consulting with building owners and representatives. Senior Controls Duties include: • Developing customer base by establishing long-term relationships with building owners and Project Executive representatives • Providing expertise related to HVAC, commissioning, and control systems analysis relative to CONTACT implementing and justifying energy conservation measures and building performance upgrades. 206-768.4056 dan.freyling@macmiller.com Developing cost analysis for systems integrations • Procuring local utility rebate or grant monies available EDUCATION AND TRAINING Executive in charge of technical performance, developing financial budgets and expectations for each Denver University project to ensure the overall success, and customer satisfaction. B.A., Business Finance • Develops Business Case Justification for Infrastructure Renewal and Capital Buget Expenditures REFERENCES Lifecycle Costing, Technology Application, Engineering, and Management. Reggie Detwiler Bentall Kennedy 425-467-1770 Featured Projects Gardner Erickson Amgen /Bothell WA /Bio-tech Laboratory facility Colliers 206-255 1166 BECU / Tukwila, WA / (5) buildings with large Data Centers Karen O'Farrell Radovich Development Exodus / Seattle, VVA / Large Communication Data Center. Microsoft as the primary tenant 206-355-1436 Chiron / Seattle WA / Bio-tech GMP manufacturing capabilities, large integration and controls upgrade Cray Computer Corp. / Seattle, WA / Controls integration Seattle Genetics / Bothell, WA Skeletech / Bothell, WA / Animal Laboratory-Bio-tech University of Washington, Animal Test Laboratory / Seattle, WA WAMU Quad-1-5 / Lynnwood, WA 1 Main Call Center / Controls upgrade Verizon Switch North End / Seattle, WA Verizon Main Switch /Tacoma, WA Verizon 1-90 Building #1 / Bellevue, WA / Main Call Center / DDC upgrade Tacoma Financial Tower / Tacoma, WA / 16-story controls integration / WON Best National Integration Award 2005 US -Bank Building / Eugene, OR KING COUNTY Libraries System / Various Locations / 49 buildings. Freightliner Corp. HQ / Portland, OR Key Center Hi -Rise DDC Integration / Seattle, WA Washington Athletic Club / Seattle, WA r macmiller.com 1-800-962-5979 MacDonald -Miller SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND FACILITY SOLUTIONS Page 108 of 133 29 Controls Account Executive CONTACT 971-313-3619 autumn.siemieniec@macmiller.com EDUCATION AND TRAINING 2018: Energy Efficiency for Industrial and Commercial HVAC Systems, NW Energy Efficiency Alliance 2018: Operations and Maintenance course, International Facility Management Association Lane Community College, Associate of Applied Science - Energy Managementwith Building Technician Certification REFERENCES Forest Faulkner JLL 425-456-8790 Bill Ingrahm PSESD Educare Building 206-716-8842 Christian LaRocco MJR Development 425-382-4466 ■■■► Autumn Siemieniec CONTROLS ACCOUNT EXECUTIVE Autumn has over 10 years experience in the utility and energy -efficiency industry and joined MacDonald - Miller in 2021. Autumn's background includes knowledge of both electric and natural gas fuel sources utilities and their various building systems. As an Account Executive, Autumn's primary focus is to identify, sell, and negotiate HVAC controls projects by assessing customer's current controls system and presenting how to best optimize the operations of their building. Duties include: • Project development centered around customer needs, budgets, and financially sound solutions that fit within project budgets • Successful partnerships with multiple disciplines including engineering and contractors • Form in-depth, trusting partnerships with customers • Consulting and sharing "best practices" with internal and external customers Featured Projects - Controls Upgrades 13 Coins / Seatac, WA Evergreen Building / Renton, WA City of Auburn / Auburn, WA Evergreen Corporate Center / Federal Way, WA Centerpoint Corporate Center / Kent, WA Puget Sound ESD / Renton, WA Red Wind Casino / Olympia, WA South Hill Business Technical Center / Puyallup, WA Southgate I and Southgate 11 / Kent, WA Tacoma Centre / Tacoma, WA Triton Towers 11 / Renton, WA Tacoma Metro Parks / Tacoma, WA macmiller.com 1-800-962-5979 SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND Page 109 of 133 MacDonald -Miller FACILITY SOLUTIONS 30 } T John Viele BAS CONTROLS ENGINEERING MANAGER rma��Knowledgeable Engineering Manager offering 17 years of industry experience. While he joined MMFS in 2022, s;, John is experienced in all aspects of building automation system design along with development of mechanical �. system control strategies. His current responsibilities include overseeing all design aspects of the Controls ` Engineering group. ' Results -driven, with strong attention to detail and dedication to quality, John's current responsibilities are _ �F 1� overseeing all design aspects ofthe Controls Engineering group, confirm controls engineering deliverables are BAS Controls produced on time, while ensuring high quality submittals and team mentoring as required on designs. Engineering Manager Featured Projects CONTACT SeaTac International Arrivals Facility 206-507-6021 $1,700,000/ SeaTac International Airport WA john.vlele@macmiller.com Oversight of the controls design to the existing airport. This project included HVAC BAS controls along with EDUCATION AND TRAINING multiple 3rd party systems integrations and smoke control. Clackamas Community College Portland Community College SeaTac North Satellite Institute For Supply $1,500,000 /SeaTac WA Management C.P.M Certificate Oversight of the controls design to the existing airport. This project included HVAC BAS controls along with multiple 3rd party systems REFERENCES integrations and smoke control. Rebecca Welch AEI, Inc 206-256-0800 Climate Pledge Arena* Ed Jones $1,500,000 / Seattle WA Wilson Jones Commissioning LLC. Oversight of design for controls of HVAC & Central Plant BAS control for 206-784-9798 Phillip Mead P.E. both the Shell Core and TI portions of project. Sazan Mechanical Engineer Additional Projects — 206-267-1700 King County Corrections Facility * m:_' 41' IT Seattle WA / 30,000 sq ft. Snohomish Public Utilities Department Lynwood WA / 29,580 sq. ft. King County South Base Seattle WA 1543,900 sq. ft. City of Seattle West Precinct Seattle WA 113,688 sq. ft. "" Projects completed by firms other than MMFS. Page 110 of 133 31 Senior Controls Specialist CONTACT 206.571.2336 pat.hein@macmiller.com EDUCATION AND TRAINING ABB VFD Factory Start-up Certification Tridium Niagara AX Certifi- cation EL07 Maintenance Electrician Certification Seattle Fire Department Fire A Life Safety Certification LonMark Building Open Sys- tem Seminar Staefa Talon TAP Certification for Predator Staefa Talon TCP Certification for Tridium R2 TAB Certification in air & hydronic SENIOR CONTROLS SPECIALIST Pat has over 20 years in the HVAC/R industry. His primary responsibilities include Control system commissioning tasks and device verification. He oversees the design, installation; start-up, commissioning, and quality assurance of all control system upgrade projects. This includes troubleshooting and resolving HVAC mechanical, electrical, and control issues. Duties include: • Provide direct supervision for all BAS installing, programming, and commissioning. • Responsible for schedule compliance and coordination of controls manpower requirements. • Ensure quality operating equipment with the utmost customer support and satisfaction. Featured Projects Lincoln Square Office Tower / Bellevue, WA New construction, 28-story Office Tower. Start-up, Controls, and Commissioning Supervisor services performed. Lincoln Square / Bellevue, WA New construction, 42-story Hotel / Condo tower / 3 levels retail, and 5 levels of parking garage. Start-up, Controls, and Commissioning Supervisor services performed. WAMU / Seattle, WA Several Branch TI jobs which included complete HVAC mechanical and controls upgrade. Start-up, Controls, and Commissioning. University of WA - Sandpoint Campus - T Seattle, WA Five three-story buildings on campus. Controls and Commissioning services performed. Port of Seattle / Seattle, WA / TI TRACON / Seatac, WA / Controls & TAB Institute for Systems Biology I Seattle, WA I Controls, Start-up & TAB BECU Data Center/ Tukwila, WA / Controls, Start-up & Commissioning 1700 7th Ave / Seattle, WA / High-rise controls TI, start-up & Commissioning Microsoft I Redmond, WA / Controls Upgrades Centerpoint Campus I Kent, WA / Controls Integration, Start-up & Commissioning macmiller.com 1-800-962-5979 MacDonald -Miller SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND 7441W FACILITY SOLUTIONS Page 111 of 133 32 Project Engineer Rachelle James PROJECT ENGINEER Rachelle joined the MMFS team in 2014 as a Building Operations/Production Administrative Assistant and quickly moved through the ranks. Her deep understanding of estimating, scheduling, and performance verification make her a valuable asset to the Project team. Project Engineers provide business and administrative support to facilitate planning and coordination of activities for designated projects. This support and coordination ensures the goals and objectives of projects accomplished within the prescribed time frame and funding parameters Duties Include: Schedule & track job progress, equipment, and material deliveries CONTACT Estimate change orders and small jobs 206.247.6734 Maintain project files rachelle.jamesOmacmiller.com Process O&M's and submittals EDUCATION AND TRAINING Assist with preparing billings CMPM Level 1 Manage communication across various teams May 2019 REFERENCES Trey Berry Sellen Construction 206.735.2854 Jeff Olson Sellen Construction 206.741.5148 Devion Johnson URG 206.582.4236 Amy Braun PSF 206.276.9361 Featured Projects Highline Community College $2,420,000 1 Seattle, WA Multi -phase Energy Conservation project. Works completed in the last six years: Exterior Lighting Upgrades to LED, Interior Lighting Upgrades =; to LED, Hot Water Boiler Burner Upgrades, Hot Water Boiler Controls 7 = Upgrades, Campus -wide Building Controls Upgrades, Building HVAC Replacement to VRF, Window Upgrades, Building Envelope Upgrades, Heat Pump Associated Fluid Cooler Replacement, Pavilion HVAC w Upgrades, Athletics/Locker Room HVAC Upgrade, Decentralization of Four Buildings from the Central Heating System with High -Efficiency Condensing Boilers, Chiller Installation, Building Electrical Infrastructure Upgrades, and Domestic Hot Water Heater Installation. Seattle Genetics - Building 5 $12,017,800 / Bothell, WA Design -Build 50,000 sq. ft. biotech laboratory facility with adjoining I rr offices. Built and incorporated multiple state-of-the-art labs utilizing compressed air, vacuum oxygen, argon, nitrogen, liquid nitrogen, RODI 1 water, clean steam, lab hot and cold water, domestic hot and cold water, welded galvanized ductwork, welded stainless ductwork, and process chilled water systems. We designed and installed a sub -zero degree Fahrenheit process chilled water distribution system for laboratory procedures requiring a primary and secondary loop to achieve the sub -zero degree water temps. Rainier Square $30,000,000 / Seattle, WA This design -build project consists of three-quarters of a city block, located at 5th and Union, and the remaining block around the existing Rainier Tower building. MacDonald -Miller will be providing both the Plumbing and HVAC & Piping scope for the new 60-story tower (40-floors of shell & core office space and 20-floors of residential apartments) and 12-story luxury hotel over a parking garage and retail podium. Additional Projects T Mobile - B3 / $763,300 1 Bellevue, WA / Controls Tower 333 / $1,371,000 / Bellevue, WA / Integration of new equipment to existing infrastructure Page 112 of 133 33 Senior Account Manager CONTACT M: 253.442 7657_ JoshuaJohnson@macmiller.com EDUCATION & AFFILIATIONS University of Washington B.A. Urban Studies 2007 Building Owners and Managers Association (BOMA) Washington State Society for Healthcare Engineering (WSSHE) REFERENCES Fenton Kraft / Museum of Flight Facility Manager 206.768.7125 ext.125 fkraft@MuseumofFlight.org Luis Leon / Starbucks Roasting Plant Maintenance Supervisor 425.656.3133 Ileon@starbucks.com Eilene Celis / Kaiser Permanente Facility Manager 206-512-4129 Eliene.o.celis@kp.org Josh Johnson SENIOR SERVICE MAINTLNANCEACCOUNT IVANAGLR • Develops long term client partnerships related to commercial HVAC maintenance, building automation, energy conservation, plumbing, and electrical services. • Specializes in identifying and reducing overall energy consumption and operational costs related to HVAC systems. • Extensive project management experience with preventative maintenance programs and service repairs. Summary For owners, high performance buildings are profitable and marketable. For users, they are pleasing and comfortable to experience. MacDonald -Miller delivers high performance with a focus on innovative engineering and operational excellence. The contractor of choice in both Washington and Oregon, MacDonald -Miller provides mechanical engineering, design -build construction, energy performance management, and HVAC service and maintenance. Company Experience Josh joined MacDonald -Miller in the summer of 2013 and specializes in preventative maintenance business development throughout the South Puget Sound market. Josh is a top performer and multiple award -winning sales executive at MacDonald -Miller (Salesman of the Year 2017 thru 2019). Josh likes to focus his efforts on developing strong customer relationships with building owners, property managers and end users alike. This focus helps Josh to truly understand the needs of his clients and translates into finding the optimal service offering. Josh's comprehensive understanding of the HVAC market makes him highly qualified and capable of providing valuable solutions for his customers looking to reduce operating expenses and equipment downtime. MacDonald -Miller Statistics MacDonald -Miller is the largest service organization north of San Francisco, California. We currently employ over 150 union service technicians in both Washington and Oregon. With 9 offices strategically placed throughout the Northwest, MacDonald -Miller can respond to any service call within 2 hours or less, 24 hours a day, 7 days per week. Representation A partial list of clients that Josh has represented includes: Red Wind Casino Muckleshoot Tribe Starbucks Boeing Kaiser Permanente Great Wolf Lodge Neil Walter Co. CBRE BECU WSECU Planet Fitness Multicare City of Fife City of Auburn Kidder Mathews USPS Museum of Flight Hilton Hotels macmiller.com 1-800-962-5979 SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND Page 113 of 133 FAA Keurig Green Mountain Comcast Cedar Grove Composting Paccar Sabey Data Centers MacDonald -Miller FACILITY SOLUTIONS 34 Controls Foreman CONTACT 206-331-1195 mack.mcclinton@macmiller.com EDUCATION AND TRAINING Local 32 NVAC/R Apprenticeship Certified Local 32 Journeyman Certified 06A Electrician Certified N4 Tridium Controls Certification Siemens Controls Certification Mack McClinton CONTROLS SERVICE FOREMAN Mack joined the MacDonald -Miller team in 2012 and brings 11 years experience in the industry. Prior to his role as a Controls Technician, he also worked as an HVAC Tradesman, Apprentice, and then Journeyman Duties Include: Diagnose, repair, and service all types of commercial HVAC equipment. This includes chillers, heat pumps, boilers, and air conditioners. • Write up estimates for repairs and perform approved work in allotted budgets. • Diagnose, repair, and service all aspects of commercial DDC systems, including install, networking, service, and choosing components for repair and programming. Featured Projects King County Library Systems Various Locations JACE Upgrade Plaza East Bellevue, WA Migrated system, including Supervisors and 4 JACES from old AX software to N4. Additionally, replaced all JACES. Washington Square Towers 1 and 2 Bellevue, WA Controls and maintenance repairs for entire WA Square Towers. Washington Square has been a longtime customer since 2008. City of Auburn Auburn, WA Controls and Smart Building Services for various buildings throughout City of Auburn, including City Hall, Community Center, and Annex Building. City of Auburn has been a longtime maintenance customer since 2012. macmiller.com 1-800-962-5979 MacDonald -Miller SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND FACILrry SOLUTIONS Page 114 of 133 35 Controls Service Technician CONTACT 206-261-9082 pranii.prasad@macmiller.com EDUCATION AND TRAINING Local 32 HVAC/R Apprenticeship Certified Local 32 Journeyman Certified 06A Electrician Certified Honeywell AX, N46 Spyder Certifications OSHA 30 Trainings EPA Universal Certification OSHA 30 EPA Universal Certification CPR and First Aid Pranil Prasad CONTROLS SERVICE TECHNICIAN Pranil joined the MacDonald -Miller team in 2008 and brings 15 years experience in the industry. Duties Include: • Diagnose, repair, and service all aspects of commercial DDC systems, including install, networking, service, and choosing components for repair and programming. • Support with all Smart Buildings Monitoring Services, like critical event supervision and reporting. Featured Projects Seattle Genetics Bothell, WA Large campus of multiple buildings. Pranil does the controls maintenance and repairs for this critical lab space. Kilroy Properties Seattle, WA Ongoing controls maintenance and repairs for multiple properties. URG Properties Bellevue, WA Controls maintenance and repairs for multiple properties. Starbucks Seattle, WA Starbucks utilizes both our controls maintenance Smart Buildings Services at their main roasting plant, as well as several other headquarter locations. Snoqualmie Casino Snoqualmie, WA Large quarterly controls maintenance agreement. Snoqualmie Casino has been a customer since 2014. macmiller.coltn 1-800-962-5979 MacDonald -Miller SEATTLE EVERETT BELLEVUE TACOMA PORTLAND EUGENE BEND FACILITY SOLUTIONS Page 115 of 133 36 EXPE raRaelrersraasa aasarlarsw■aasw rr1lrrRrsr�saa- aaaarrraaasaa■ •raararrrrrr�■� rlfasasasryr ii Raralrrafafawas r a s s a r a a r r r■^ s s lrffrlarsrr■ = rs� ■ararraasasr s ■s■ r■ r f 1 1 e f a r f r_ r r■ ■1alraearaaa s ar■ ! r! R a f! 1 R 1 1■ _ 1 r■ srlrrlaaaRrl s as■ ■ifaraarrrrsas■ ■_1falfalrrrera■ f_lrrrsrrlrrwrr■ ■_RrlR1lRrr_rr■ ■�frrrrrrr_aa■ a�aararraasar■ a�1r11Rsf!_!a■ •iaaaaasaf■ser■ rirarrrsaawrrr a>rfnarrrsrrssa ■�araasaasss I-■a1!=fr_ alisa as^Ms■ s�rr_=Rr_sa ■rRrl_rlres■ a • _ r Y _ _ ■ � w wA[ _ R ■ sissy isasrrs srrRl�r C ; ■� C 1s ■ E!■ b �c BUILD BUILD OPTIMIZE 1`1ZE MacDonal -Miller Facility Solutions We make buildings work better. BUILDING CONTROLS EXPERIENCE COMMERCIAL OFFICE BUILDINGS SEATAC OFFICE CENTER Seatac, WA $1.250.000 In 2016, MacDonald -Miller partnered with Urban Renaissance Group on a controls upgrade project at Seatac office center that followed PSE Energy Incentive guidelines. Scopes include: upgrade existing DDC front-end and core mechanical equipment control, upgrade existing standalone pneumatic thermostats to web -based stats, achieve overall consersative savings of 22%. BELLEFIELD OFFICE PARK Bellevue, WA $1,200,000 MacDonald -Miller provided and installed all new Honeywell WEBs JACE AX open protocol front-end and graphical interface, stats, sensors, as well as provided turn -key controls integration. Scopes include: system integration, programming, engineering, graphics, and all necessary hardware and software 300 PINE STREET Seattle, WA $899,100 MacDonald -Miller was subcontracted by Hines Properties to perform the following TI scopes: furnish and install a complete Honeywell DDC control system including all controls, wiring, software, programming, submittals, engineering, customer training and commissioning support. 0, MacDonald -Miller Page 118 of 133 37 MEYDEN BAUER Bellevue, WA $605,000 MacDonald -Miller performed the following scopes: JACE 8000 installation, new WEBS workstation software installation, program new sequencing to accommodate energy saving strategies, customer training and funtional testing. I BEW LOCAL 77 Seattle, WA $585,000 Complere electrical and data install package including: Honeywell AX system, rack mounted patch panels installation, TAB, AV package equipment and installation. We provided and installed lighting circuitry, panels, relays and all components. SOUTHCENTER PLACE Tukwila, WA $514,000 MacDonald -Miller performed the following scopes: provide new cooling tower and new rooftop unit, provide new Honeywell Tridium JACE, graphical interface, system integration, and commissioning. MacDonald -Miller Page 119 of 133 I 38 NEWPORT T-MOBILE Bellevue, WA $552,600 MacDonald -Miller performed the exterior lighting upgrade at the Newport Campus. Scopes include: demo power, controls and existing lighting, install new power and data to new fixtures, and programming of controls. 1201 WESTERN Seattle, WA $398,700 MacDonald -Miller performed phase I & II Honeywell N4 upgrades. Our controls scopes include: provide and install new JACE controllers and SPYDER controllers, demo of existing system, and sensors; wiring, programming, graphical interface, customer training, and commissioning. PLAZA EAST Bellevue, WA $308,560 MacDonald -Miller performed complete DDC controls upgrade at Plaza East in two phases. Some of the scopes include: new VAV units controllers, install new Honeywell WEBS platform, all new DACES, programming, design and engineering, and final commissioning and startup. j� , MacDonald -Miller `��' FACILITY" SOLUTIONS Page 120 of 133 39 14100 BUILDING Bellevue, WA $275,900 Utilizing PSE energy incentive rebates, MacDonald -Miller performed replacement and upgrade of the existing BAS Control System to help customer reduce the cost of energy spending from $2.71/SQFT to $1.50 /SQFT which total to $25,500 savings annually. Our controls scope include: upgrade to Honeywell N4 framework, AHU replacement, install new JACE and SPYDER controllers, and sensors, programming and integration. BLACKRIVER CORP PARK Renton, WA $273,000 MacDonald -Miller provided and installed new AHUs, and replaced all existing FCU controllers with new Honeywell WEBs. Scopes include: software modification, re -programming controls sequences, enhancing graphical interface, trend monitoring, commissioning, and point to point verification. LINCOLN EXECUTIVE CENTER Bellevue, WA $224, 000 MacDonald -Miller replaced existing Alerton system and replaced with Honeywell N4 controls flatform. We also provided and installed SPYDER controllers for each zone, integrated BACnet and advanced energy saving sequencing forACUs and HTUs. Other scopes include: controls engineering, programming, integration, graphical interface, training, and funtional testing. &-nT,& MacDonald -Miller c�._M 1%r,r!_ Page 121 of 133 40 HIGHER EDUCATION HIGHLINE COLLEGE Des Moines, WA $7,500,000+ MacDonald -Miller has been Highline College's trusted ESCO partner since 2012. We have had multiple projects at Highline College including: Controls and Lighting Upgrades, Exterior Lighting Upgrades, Boilers & Chillers Upgrades, and Intergration. Controls System: Honeywell AX SEATTLE CENTRAL CC Seattle, WA $1,100,000 As part of Phase II Energy Improvements project, MacDonald - Miller performed the following scopes: installation of new HVAC equipment such as AHUs, FCUs, CUs, EFs, integrating existing VAV LON cards from R2 to Honeywell AX system, installation of Honeywell WEBs. OLYMPIC COLLEGE Bremerton, WA $858,600 MacDonald -Miller has been contracted as Olympic College's ESCO to perform multiple Energy Conservation Measures over the years to increase energy efficiency without forfeiting comfort, and better align with state's energy codes. Some of our controls scopes include: AHU replacement, controls system modernization, complete system integration and new graphical interface, building analtics, and advanced energy saving control sequences. MacDonald -Miller Page 122 of 133 III 41 HOSPITALITY SEATTLE AQUARIUM Seattle, WA $1,190,000 An Energy Efficiency Equipment Installation & Services Agreement between MacDonald -Miller and Seattle Aquarium where we performed Energy Conservation Measures such as: fans & AHUs installation; Attic Insulation, new Melink Hood System, Boilers & Furnace Replacement, Controls Retrofit & Commisioning, migration to the new Honeywell WEBs, and LED Lighting Retrofit. After inventives of $219,000, cost to Seattle Aquarium is $970,800. WASHINGTON ATHLETIC CLUB Seattle, WA $1,012,300 Utilizing Seattle City Light grant and CRIF rebates (Carbon Reduction Incentive Fund), MacDonald -Miller perform multiple Energy Conservation Measures to bring WAC up-to-date. Our controls scopes include: pneumatic controls replacement, DDC controls upgrade, Kitchen Ventilation Controls upgrade, chilled water VFD installation and upgrade, pipe insulation repairs and upgrade, and Steam Heat Recovery for Domestic Hot Water. OCCIDENTAL MALL Seattle, WA $304,000 MacDonald -Miller performed the following scopes: perform all necessary design, engineering, and programming, provide Honeywell WEBs Tridium JACE AX, routers, CATV wiring, new controls sequencing, new DDC controllers, new Honeywell SPYDER controllers on existing heat pump and VFDs, and final commissioning and startup. MacDonald -Miller f Page 123 of 133 42 NIGH RISE LINCOLN SQUARE Bellevue, WA $3,895,500 Beside providing design and installation of all new mechanical system, MacDonald -Miller also performed the following controls scope for various areas (central plant, retail podium, hotel tower, office tower, etc.) : all new Honeywell Tridium AX control system, supervisor workstation, AHUs controls, JACEs, sensors, thermostats, and all other neccessary hardware, wiring, software, graphics, programming, engineering and commissioning support. LINCOLN SQUARE EXPANSION Bellevue, WA $1,500,000+ MacDonald -Miller also performed the following TI controls scope for multiple tenants (WeWork, Valve, Pokemon, etc.): all new Honeywell Tridium AX control system, JACEs, sensors, thermostats, and all other neccessary hardware, wiring, software, graphics, programming, engineering and commissioning support. ne " Seattle, WA $800,000 MacDonald -Miller performed the following controls scope: controls engineering and design, all new Honeywell Tridium AX control system, supervisor workstation, JACEs, sensors, thermostats, and all other neccessary hardware, wiring, software, graphics, programming, and TAB. MacDonald -Miller FAOILYTY SOLUTIONS Page 124 of 133 LJ 43 STADIUM PLACE Seattle, WA $650,000 MacDonald -Miller performed the following controls scope: all new Honeywell Tridium AX control system, JACEs, sensors, thermostats, and all other neccessary hardware, wiring, software, graphics, programming, engineering and commissioning support. Seattle, WA $521,000 MacDonald -Miller performed phase 1 & 2 of HVAC & Controls Replacement and Upgrade. Scopes include: relocation & addition of new HVAC equipment, tenant improvements, installation and integration of new Honeywell WEBs controls system, and commissioning. WELLS FARGO CENTER Seattle, WA $310,000 In 2010, MacDonald -Miller put in Honeywell JACE backbone throughout the building. Since then, we have gradually provided turn -key solution for various floorsat the Wells Fargo Center to eliminate existing pneumatic controls. MacDonald -Miller _ Page 125 of 133 44 SKYLINE TOWER Seattle, WA $297,000 Phase 1 of the controls retrofit include: control, vision, and trending capabilities for the main HVAC systems at the penthouse. Phase 2 of the upgrade include: replacing existing Siemens MBC controllers, HoneyWEBs controls upgrade, controls integration. Phase 3 and $ are in development: BIOLAB SNBL Everett, WA $4 000 000 MacDonald -Miller partnered with SnoPUD to utilize the Energy — _ 'Jr,'' Savings Purchase Program to develop a comprehensive RTUs MO and controls upgrade. Our scopes include: RTUs monitoring and controlling and Heat Recovery Loop in order to save energy and - VAft"a % operate more efficient. RAW - SEATTLE GENETICS Bothell, WA $641, 000 MacDonald -Miller performed tenant improvement project at Seattle Genetics Building #5 in Bothell, WA. The scopes include: provide and install new HVAC equipment such as VAVs, FTUs, and exhaust; new Honeywell WEBs controls on existing equipment, BACnet interface, system integration, and commissioning. A TTT�& MacDonald -Miller TA06647 FACiuT) SOLUTIONS Page 126 of 133 45 DATA CENTER I. - - - VERI�GN � REDIIAQND RIDGE Redmond, WA $133,500 MacDonald -Miller performed DAP-2 to DAP-4 upgrade. Our scopes include: Honeywell Tridium JACE controllers integration, develop new Honeywell GUI , third party functional testing, DAP-2 demo, and BACnet integration. GOVERNMENT SERVICES AIRWAY HEIGHTS CORRECTIONAL CENTER Airway Heights, WA $650, 000 Phase 2 of Energy Conservation Measures. MacDonald -Miller performed DDC controls retrofit and upgrades of the old Staefa system to the new WEB -based system. Other scopes include: integrating existing AHUs into new controls system, installing UPS at each panel. MacDonald -Miller FA ILITY SOLUTIONS Page 127 of 133 ,t1���YA r. r,r•. 46 REPORTING AND TECHNOLOGY ■.w.raaaawa..ri ■ .... s R a R w s t.� a• .. r a R. R A ... - •...ae..rrar.■ ■ ... a l a a r a.■ ■...rrr.rr.a ■rrrRar.rRrawRerw .a..■a■.■a■+warr ■...R.raRr.arrrar■ ■a.araaras.a w ara ■w..aar.aa.aw�ra■ ■. a. a a a a a a r 1 w R a R ra,..aaaar■:ra.raa ■w.■■Rw.r.awR■■ rw.r.a.aa.rwa.■ ■ w. a .. a ... a w a a. ■w.aa.raaraarra■ ■r_rrrrrrr.wrr■ ■�aaR.R.rRw�..a r�rr.area.s.ar ■w�a R.. ■ raa wR1. ■si Ra ■.waRai YR r��rra.wa.wwr ■ � ra a.w.ati.�■ ■r..�..rrw■ AI M iliE=::= R>•I...w w.l Yar. game ...m wr w $mom i� C = ■ E!■ �C MacDonald-Mlllw FACILITY saunoNse • I _ _ _ a = We make buildings work better. a' _ I TOOLS & PROGRAMS Tools we use for our Preventative Maintenance Programs. The examples below are pictures that highlight the tools we use for our annual maintenance programs. 1. 4 1. Internal tasking per piece of equipment at the specific time interval to the assigned service technician. 2. A customer facing report highlighting the specifics of the equipment (included in our Account Review). 3. A portion of a Call Summary report per (1) specific piece of equipment. Call Summary reports are delivered to our customers after each service call and are also available at any time on the Customer Portal. The information viewed on these reports is submitted by each technician, made possible with our XOi technology and Key2Act. Labor and Materials By Equipment Contract 3/4b9: Forest Boilers (Maintenance and Combustion Analysis) w'� •�• — Sao. ads- m � � �Lfl� M11� rY la ✓k \[ Y Y Y Y (M r ti LaF YrF® FFarIAOe SFE+Y� 1�� •hs � ®!m L •�• ...a. Mur >r� rr r r. IN .r s M r Y FFw w..ua WYFaaar Faii.re fromr Plr [eLeFF Uft ..� —• . ,••1 `ms ^- >b IWn uFrerr lmlFYer VdW Aa - 9d21 -i1n• „"'� A. nP M.y T.�rrie Inh Ilr_ 4 r Y 'M r r 4 E ar. 3. SRIBLR-LI-FA3 CIECKE%PAHSIOUTAflK MH3G: CHECK OPERAgGSAFETIES.VID LASTS AhNUALP. RTS CHECK6URHEiRS CHECKELECTIUCALCOMTlECTIDIIS COMPLETE pQlrL CWiLiE COMPLETE COMPLETE Fins e<�il2Lrn xom.+ - CLEAN MAKE-UP WATER STR.'JREASnF ECUIPPED1 COMPLETE CHECK PRESSURE REEF COMPLETE COM, BUSTIOM ARALYSIS COMPLETE CHECKIGRrtFA COMPLETE CHECKFLAMECONOITION COMPLETE DMIL WON1TOFP CHECKrORERARDPPMG COMPLETE COMPLETE CNECKCOIDROL COMPLETE RECORDVOIJAGE COMPLETE •13500 RECORDeOLAGE COMPLETE 436 CO RECORDVOLiAGE COMPLETE -9500 RELORDO2% COMPLETE 370 RECORD FLUE TEMPERATURE COMPLETE 16500 PECORDCOPS COMPLETE 150 RECORD HCXLE'EL PP6I COMPLETE T300 RECOPDTEMP COMPLETE 11M0 RECOPDPTESSURE WYiL'E TO DO RECORD MT6NY' WATER TEMP COMPLETES ILi O RECORD IEWIG VeTETEMP COMPLETE 14000 ADDRIORIL EQUIPMENT HOTE5 :0 W4 m Page 129 of 133 macmillercom 1-800-962-5979 WASHINGTON & OREGON 47 REPORTING <=)MacDonald -Miller FACIUTY SOLUTIONS® We make buildings work better. MacDonald -Miller uses a combination of different tools to provide financial and operations reports to our clients. The main reporting system that we use is Key2Act: Key2Act provides building intelligence, field service and construction management solutions. We empower specialty trades businesses to deliver proactive service, increase profitability, optimize operational CfE) efficiencies, and drive higher customer retention. We believe organizations that embrace the power of technology and use it to their advantage in their K E Y z A E T day-to-day operations will outpace their competition. How we use Key2Act with your account: Key2Act is our main database hub that we use to store and feed information across our company on many different platforms. This keeps our reporting extremely accurate as it all comes from one local platform. Internal tasking for each piece of equipment at all locations is maintained in Key2Act by our Service Coordinators. In the field, our Technicians can access assigned tasking through the app "MobileTech" on their iPads (pictured below). With MobileTech, our Technicians can easily check off each task, open additional service recommendations, and write notes. MobileTech feeds this information back into Key2Act and simultaneously creates Call Summary reports for our customers. Call Summary reports are emailed after each service call. Key2Act also populates our internal CRM database and populates our Account Review reports in our Povi l reporting system. Account Reviews are used as an easy way for our Customers to visualize the data from Key2Act for each of their accounts. This information is always available to the customer on our web -based Customer Portal. • - r Name .. CiC•.7: cKR I, TasF : 0416 Service Call . - . q�E°• Completion Date t -:! lr[; Sublocatlon: 1st FI Boiler Room Equipment: HWP 1 y;lnrinp0t.[• SEE Workflow TaskList SGPl,1P60HP Call Resolution Task:169S J Internal Note No 'e,,o l Resolution Note Task: 0002 0002 HWPI RECORD VOLTAGE sGPI.IPEOHP COUPLETE Task: 1423 J Task: 0052 0052 KNPI CHC:O, q.1+.hiCTy s�Auo-ypnp .. Arlmn Taken Performen proeemt mamlonance per contract Today :rent through all pumps for both heating and chilled water Spoke To Htel Customer Inventory Used No Cal: Conlpletr No Thanks for choosing MacDonald -Miller Please use tiro 1011owlna URL to view related pn01o5j v,deos Ill Ips //vision xoeye ro/partners/rliacmiller/aclrvrl )'J 9E24l-44DC-60AE-GB0290D29D64 Page 130 of 133 macmilleccom 1-800-962-5979 WASHINGTON & OREGON , 1• �I=' — _ sad 31 wl TECHNOLOGY & INNOVATION Service and Administrative tools we use to deliver services to your account: MacDonald -Miller FACILITY SOLUTIONS® We make buildings work better. For Administrative Personal: • Key2Act with XOi Technologies integrated into our Microsoft Dynamics 365 — CRM which is then integrated into our Powerl3l Account Review tool that is available 24/7 via our Customer Portal. For Service Technicians: • Dedicated Parts Delivery Driver, Top of the Line Vehicles per Specific Technician, Comfortable Safety Uniforms, Milwaukee Packout Vehicle Organization, Key2Act MobileTech Field Service, iPhones for every technician, iPads for every technician and XOi Technologies integrated in Key2Act MobileTech Field Service MacDonald -Miller offers integrated field service solution, which captures real-time photos & videos to our customer's call summary reports — so they see exactly what they need to make informed decisions. MacDonald - Miller service technicians are equipped with the MacLens app - a collaboration tool that provides real-time visibility of the condition and performance of our customer's equipment. Information is delivered and accessed through an integrated cloud -hosted software - r platform in our customer portal. This cutting -edge technology is especially helpful for large accounts with multiple locations. We deliver the right information, to the right people, at the right time. Thanks to MacLens, the ability to see the exceptional work MacMiller is performing is right in front of you. Units with existing or immediate service or repair issues will be addressed concurrently with contract startup activities. MacDonald -Miller utilizes QR Code Asset Management at all locations to track HVAC maintenance tasking, recommendations, and repairs by piece of equipment. Macdonald -Miller FACILITY SOLUTIONS Equfprmnt10# HVAC - PLUMBING • ELECTRICAL • CHILLERS • BOPLERS • CONTROLS 24-HOUR SERVICE 1-800-962-5979 Click here to see an example MacLens recording This system provides quicker access to equipment specific information, allowing for faster, more well- informed decisions to be made by our Service Technicians. This asset -based tracking method also allows us to apply business intelligence to determine the equipment at your site that is driving the highest operational costs. These insights drive accurate and timely replacement recommendations for long term capital planning. Page 131 of 133 macmiller.com 1-800-962-5979 WASHINGTON & OREGON 49 TRAINING & EDUCATION MacDonald -Miller FACILITY SOUMONS® 'We make buildings work better. MacDonald -Miller has a variety of training and education series developed for technicians, employees, and customers. We can also develop customized trainings for customers upon request, and often provide training on new equipment we install that is customized to the building/operations. Recent customized trainings include Costco HQ: HVAC 101; E& ArcFlash; Mercy Medical: Air handler training, economizer training, electric motor training; and Greystar Property Management: HVAC 101 Below is a detailed look at the training and education offerings we currently have developed: ■ Foreman Leadership: This 5-course program focuses on the important role Foreman play at MacDonald - Miller and the leadership skills they need to be successful. The Foreman Leadership Program covers personality preferences, situational leadership, communication skills, how to effectively motivate your team, conflict management, and business acumen. Throughout this program participants will learn about these concepts, reflect on past experiences, and can practice their newly developed skill sets with their peers and on the job! MacTed is a comprehensive program that combines existing and new �� training offerings into centrally accessible courses. You are encouraged to create a roadmap for your MacMiller journey with a mix of workshops, online � training, MacTV and content that is 'served' to you. The core program tracks are centered around the concept of TLC's: • T = Technical Skills and Technology • L = Leadership and Lean Tr • C = Communication and Customer Experience MacTed • S = Safety Customer Education: MacDonald -Miller gives our customers the opportunity to learn the fundamentals and an in-depth look into building performance. This training series is taught through the minds of our industry -leading service technicians and is aimed towards anyone who works on or makes decisions on behalf of building ownerships. Some of the topics covered in our Customer Education series: Introduction to HVAC, Plumbing Fundamentals, Connected Buildings, Improving Indoor Air Quality, Economizer Fundamentals, etc. Click here for details on our 2022 Customer Education Series. ■ MacDonald -Miller Leadership University: MMLU is a 7-course program designed and taught by our senior leaders. The program focuses on honing leadership skills as well as enhancing business knowledge about MacDonald -Miller. In addition to the courses, participants will be assigned a coach to help them develop and practice the leadership skills learned in the classroom. To strengthen business knowledge and strategic thinking participants will be assigned to a project team to develop a business plan for a specific MM Business Unit • Lean Programs: Process variability is the root of many problems. The heart of Lean Six Sigma is a focused and systematic effort to reduce the process variability that leads to poor quality, poor service, and excess cost. Our Lean program consist of an introductory and intermediate course. After completing both courses' employees are eligible to pursue Lean certifications. • New Hire Safety Orientation: Ladder Training, Fall protection, Heat Stress, Personal Protective Equipment, HAZCOM — GHS, Scaffolding, Welding/cutting, Hot Work, Evacuation/emergency actions, Housekeeping, who to report injuries to, Light Duty, Asbestos, lead and silica awareness, Lockout/tagout, Ergo, fire extinguishers, Hand and Power Tools, hazard analysis, trenching/shoring, non -DOT drug & alcohol policy and testing, discipline program, gas cylinders, working alone. Page 132 of 133 macmiller.com 1-800-962-5979 WASHINGTON & OREGON 50 MacDonald -Miller FACILITY SOLUTIONSO We make buildings work better. Service Education: MacDonald Miller has an Education Committee that is dedicated to the Service Training for MacDonald -Miller Facility Solutions. With decades of combined service experience in the industry, including many of those years in the field, this team brings a wealth of knowledge and an enthusiasm to pass on that knowledge to the next generation of technicians and others in and supporting the service department. We have cultivated a Service Education program that provides our Service Technicians that opportunity to stay current on technical processes and technology. Please see our Training &_ Learning _Center _ pie for additional information. Here are some of the education requirements offered by our Service Education program: • Annually employees attend: Asbestos, Lead and Silica Awareness; Heat Stress • Foremen attend Foremen Safety 101 and 1 st Aid/CPR, OSHA 30 • All Service Tech's and Electricians attend Arc Flash and Radio Frequency These classes are provided on an as needed basis: Scissor/Aerial Boom Lifts, Forklift, powder actuated fasteners, scaffolding, confined space entry, Infection Control, Legionella, Pressure Testing, and Rigging/Signaling. Each specialty technician is provided the opportunity to enhance their abilities for their specific field of interest. Trainings and certifications by specific technician are cataloged in their resumes and available upon request. FACTORY CERTIFIED AND TRAINED SPECIALISTS • Certified Health Constructor (CHC)* • Healthcare Construction Certification (HCC)* • Infection Prevention -Construction Certification (IP)* • Maintenance & Construction in Healthcare Facilities Certifications* • ASHE NFPA-99 Certifications* • Medical Gas Certified Plumbers • Certified Air/Water Balancers (9 NEBB Certified) • Licensed Boiler Operators • NFPA-80 Certified Testing and Maintenance Technicians • NFPA-92 Certified Technicians • Mechanical Design Engineers ■ *ASHE CERTIFIED STAFFING /I Page 133 of 133 macmillercom 1-800-962-5979 WASHINGTON & OREGON 51 2/28/24, 11:15 AM Corporations and Charities System ' ss�fl�yVAAT nd Charities Filing System 11.113.1101 *9.21►17■I:78F-11III16 Business Name: MACDONALD-MILLER FACILITY SOLUTIONS, LLC UBI Number: 602 254 260 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 17930 INTERNATIONAL BLVD STE 120, SEATAC, WA, 98188-4220, UNITED STATES Principal Office Mailing Address: Expiration Date: 12/31 /2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 12/11 /2002 Period of Duration: PERPETUAL Inactive Date: Nature of Business: CONSTRUCTION REGISTERED AGENT INFORMATION https://ccfs.sos.wa.gov/#/BusinessSearch/Business Information 1 /2 2/28124, 11:15 AM Corporations and Charities System Registered Agent Name: FAIRCHILD RECORD SEARCH, LTD. 3400 CAPITOL BLVD SE STE 101, TUMWATER, WA, 98501-3351, UNITED STATES PO BOX 1368, OLYMPIA, WA, 98507-1368, UNITED STATES GOVERNORS Governors Title Type GOVERNOR ENTITY GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Back Entity Name MACDONALD-MILLER HOLDINGS, INC. Street Address: Mailing Address: First Name Last Name DERRICK R. SIMONDS STEPHANIE GEBHARDT W. MARK E. WEBSTER REAGAN J. PERRY Filing History Name History Print , Return to Business Search https://ccfs.sos.wa.gov/#/BusinessSearch/Business Information 2/2 2/28/24, 11:16 AM Washington State Department of Revenue Washington State Department of Revenue. < Business Lookup License Information: New search Back to results Entity name: MACDONALD-MILLER FACILITY SOLUTIONS,�LLC Business MACDONALD-MILLER FACILITY SOLUTIONS, LLC name: Entity type: Limited Liability Company UBI #: 602-254-260 Business ID: 001 Location ID: 0008 Location: Active Location address: 4786 1 ST AVE S SEATTLE WA 98134-2304 Mailing address: PO BOX 47983 SEATTLE WA 98146-7983 Excise tax and reseller permit status: Click here j' Secretary of State status: Click here I Governing People May include governing people not registered with Secretary of State I Governing people Title https://secure.dor.wa.gov/gteunauth/_/#3 1/2 2/28/24, 11:16 AM Washington State Department of Revenue Governing people Title GEBHARDT, STEPHANIE W. MACDONALD-MILLER HOLDINGS, INC. PERRY, REAGAN J. SIMONDS, DERRICK R. WEBSTER, MARK E. View Additional Locations The Business Lookup information is updated 1 nightly. Search date and time: 2/28/2024 11:16:39 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#3 2/2