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AG 14-101I RETURN TO: Johnny Hernandez EXT: 6790 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE X CONTRACT ❑ OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES RETAINAGE: ❑ PURCHASING: 10. DOCUMENT ❑ PROJECT x DIRECTOR ❑ RISK X LAW 11. COUNCIL 12. CONTRACT ❑ SENT ❑ ATTACH: ❑ LAW ❑ CHIEF ❑ SIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: DEPT. /DIV: POLICE DEPARTMENT STAFF PERSON: JOHNNY HERNANDEZ EXT: 6970 3. DATE REQ. BY: OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT (AG #):_14 -101 ❑ INTERLOCAL NAME: _EVIDENCE WALIIIN FREEZER PREVENTATIVE MAINTENANCE OF CONTRACTOR: REFRIGERATION, INC. _UNIVERSAL ADDRESS: 4107 B PLACE NW, AUBURN, WA 9.8139-1 1700 . TELEPHONE: 253- 939 -5501 E- MAIL: FAX:_253- 735 -3432 _CHUCKS@UNIVERSALREFRIG.COM SIGNATURE NAME: STEPHENS TITLE CONTRACT MANAGER _CHUCK AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: COMPLETION DATE: 31 DECEMBER 2018 COMPENSATION $_3,000.00 + $3,000.00= $6,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR TAX OWED ❑ YES ❑ NO IF YES, $ TITLES AND HOLIDAY RATES) AMOUNT: $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED OZ -sat - (- tA aV PLEASE CHARGE TO: 00k . 8. (00.49 /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED MANAGER " a 1— ,l, L I:!„ - ✓D G *)---lo-1.9-40 _ 2 ... 7417/4 MANAGEMENT OF APPLICABLE) -% Iv L (A, I l (o i- L lo 21,jb APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL SIGNATURE ROUTING TO VENDOR/CONTRACTOR DATE SENT: DATE: COUNCIL APPROVAL DATE: DATE REC'D: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED DEPARTMENT OF STAFF (MAYOR OR DIRECTOR) CLERK ( ) I ( t -LP AG# AG# 14-101 A- COPY RETURNED DATE SENT: /1- /'S /1 ? -a�. •E ∎.,: s �a.0 -e "a 6 -O Co -c << ‘f • ' i ,J. L I ' , O / , m✓1 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederaiwaycom AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR EVIDENCE WALK -IN REFRIGERATOR This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Universal Refrigeration Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Evidence Walk -In Refrigerator ( "Agreement ") dated effective April 25, 2014, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2018 ( "Amended Term "). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit, 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 Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] - 1 1/2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cilyoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: / tri4 Andy J. Hwang, Chief of Police DATE: /e t L //4 Title: DATE: q-)11 STATE OF WASHINGTON ) ) ss. On day personally appeared before me ti.r r A , to me known to be the ��� of Universal Refrigeration Inc. that executed the foregoing instrument, and ackno ledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary Public; State of Washington KATHLEEN 0 WHITE Ctrnmission Expires 09 -01 -20 Notary's signature Notary's printed name }4a.4''. Lee" , 1-e Notary Public in and for the Stag of Washington. My commission expires 7 t (2Z 0J , 2016. AMENDMENT - 2 1/2015 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com EXHIBIT B -1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Three Thousand and No /100 Dollars ($3,000.00) based on the following rates: Preventive Maintenance $157.00 /Biannually 2 Full Refrigeration Maintenances *Covers cleaning supplies during maintenance visits. Does not cover labor for repairs or replacement parts. * *Covers 1 walk -in freezer ** 2. Labor coverage after inspection: Preventive Maintenance for Refrigeration does not include any labor in between maintenance inspections. Any required service in between maintenance inspections will be billed to the customer at our current labor rate, which is $107.00 per hour. There will be no overtime rates charged under Preventative Maintenance for Refrigeration. 3. Parts Coverage: Preventative Maintenance for Refrigeration does not include any parts that may be required. The customer will first approve parts before repair is commenced. Parts will then be billed to the customer. AMENDMENT - 3 - 1/2015 10/19/2016 Corporations: Registration Detail - WA Secretary of State UNIVERSAL REFRIGERATION, INC UBI Number 600599723 Category REG Profit /Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 12/02/1985 Expiration Date 12/31/2016 Inactive Date Duration Perpetual Registered Agent Information Agent Name CHRIS A GATES Address 4102 "B" PL NW City AUBURN State WA ZIP 980010000 Special Address Information Address PO BOX 614 City AUBURN State WA Zip 980710000 Governing Persons Title Name President,Treasurer,Chairman GATES, CHRIS Vice President,Secretary GALVIN , BRYAN Address PO BOX 1368 ENUMCLAW , WA 980221368 PO BOX 614 AUBURN , WA 980710614 https: //www.sos.wa.gov /corps /search_detail.aspx ?ubi = 600599723 1/1 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 3/7/2016 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 AL"I ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 PLC Insurance, LLC 4211 Alderwood Mall Blvd, #210 Lynnwood WA 98036 INSURED Universal Refrigeration, Inc. PO Box 614 Auburn WA 98071 -0614 CONTACT NAME: Carol Danell PHONE (425)712 -3664 JA /C No Est): ADDRESS: carold @plcins . corn INSURER(S) AFFORDING COVERAGE FAX No): (A/C (425)712 -3786 NAIC # INSURER A American Economy Insurance Co INSURER B American States Insurance Comp 19690 19704 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:16 /17 GL /AL /Umb 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYYI POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 01CI799652 -2 4/1/2016 4/1/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMM GE ISES (Ea occurrence) $ 200,000 GE MEDEXP(Anyoneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JE PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 $ B AUTOMOBILE X X UABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 01CI691920 -4 4/1/2016 4/1/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE 01SU433440 -2 4/1/2016 4/1/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 $ A yQ ORPD84)0411UWF-0iiCN409( A00XEMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory inNH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A 01CI799652 -2 WA Stop Gap 4/1/2016 4/1/2017 PER X STATUTE ERH E.L. EACH ACCIDENT $ 1 , 000 , 000 E.L. DISEASE - EAEMPLOYEE$ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job Ref: Service Maintenance Evidence of Insurance CERTIFICATE HOLDER CANCELLATION Johnny. Hernandez @cityoffed Federal Way Police Facilities Department 600 S 333rd St. Federal Way, WA 98003 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 Mike Rucker /SHANNB ACORD 25 (2014/01) INS025 /7014011 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT.IDIV: JEDERAL WAY POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: JOHNNY HERNANDEZ EXT: _6790 3. DATE REQ. BY._] JUNE 2014` 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT MALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT V MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATEDDOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER PROJECT NAME: EVIDENCE WALK -IN FREEZER PREVENTATIVE MAINTENANCE 6. NAME OF CONTRACTOR: _UNIVERSAL REFRIGERATION COMPANY ADDRESS: _4102 B PLACE NW, AUBURN, WA 98071—TELEPHONE _253 -939 -5501 E-MAIL: – CHUCKS@UNIVERSALREFRIG.COM FAX:_253- 735 -3432 SIGNATURE NAME: CHUCK STEPHENS TITLE CONTRACT MANAGER 7. EXHIBITS AND ATTACHMENTS: £e1 SCOPE, WORK OR SERVICES V COMPENSATION "SURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: I JUNE 2014 COMPLETION DATE: _31 DECEMBER 2014 40, 000.00 1-43 N.oG q `Y er 1i.r 9, TOTAL COMPENSATION (INCLUDE EXPENSES AND SALES TAX, IF ANY) ot-4 -,Y (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) wl H b- et G REIMBURSABLE EXPENSE: ❑YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ ti --,t,eA t,v( IS SALES TAX OWED DYES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DqCUMENT /CONTRACT REVIEW r 'yROJECT MANAGER W DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW INITIAL/ DATE VIEW _JH _040814 _AJH INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, JNSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF ❑ SIGNATORY (MAYOR OR DIRECTOR) )I CITY CLERK iii ASSIGNED AG# V IGNED COPY RETURNED COMMENTS: 11/9 INITIAL/ DATE SIGNED 'n - J _ AG# J!4— IDi DATESENT: ja,j7j'jq 2 ,q v CITY OF CITY HALL F� d e ra t Way (253) 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wvAvcityoffederpkvay com MAINTENANCE AGREEMENT FOR EVIDENCE WALK -IN REFRIGERATOR This Maintenance Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Universal Refrigeration, a Heating and Air Conditioning company and a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: UNIVERSAL REFRIGERATION COMPANY CHUCK STEPHENS 4102 B PLACE NW AUBURN, WA 98071 253- 939 -5501 (telephone) 253- 735 -3432 (facsimile) com The Parties agree as follows: CITY OF FEDERAL WAY: JOHNNY HERNANDEZ 33325 81h Ave. S. Federal Way, WA 98003 -6325 (253) 835 -6790 (telephone) (253) 835 -6890 (facsimile) Johnny. Hernandez @cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than 31 December 2016 ( "Term "). This Agreement maybe extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuantaE the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RC W. In the event any part of the goods are repaired, only original replacement parts shall be used — rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. MAINTENANCE AGREEMENT - 1 - 4/2011 �Fecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 335 -7000 wmv cityoffedera!►vay com 2.3 Time, Documentation, and Inspection Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsib 11 ity for performanceof the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediatelypaid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the.other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further Gty agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", 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 Agreement. 4.2 Method of Payment On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete thisAgreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreementwill terminateupon the completionof all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. MAINTENANCE AGREEMENT - 2 - 4/2011 ctTr of CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253 ) 335 -7000 vimmr_ tyofferderahvaycom 4.5 Final Payment: Waiver of Claims. Contractor's acceptance . of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractoras unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that maybe granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or p•ograms. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and /or litigation expenses to or by any and all persons or entities, including without lim itation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caised by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafterwith respect to any event occurring prior to such expiration or terminationas follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating thatis satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; MAINTENANCE AGREEMENT - 3 - 4/2011 CITY OF CITY HALL ~� Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 vvvAv cityoffederahvay cony C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the overage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, sel€insurance, or insurance pool overage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured. Verification The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. to City's request, Contractor shall f irrish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of thre (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All informationregarding the City obtained by Contractor in performanceof this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractorwill fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, ®mputer disks, magnetic media or material which ma}be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. 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 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. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. 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, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. 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. If the Contractor is a sole proprietorshipor if this Agreement is 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 indemrify any losses the City may sustain through the Contractor's failure to do so. MAINTENANCE AGREEMENT - 4 - 4/2011 ` CITY OF CITY HALL "�. Fe d e ra 1 Way Feder 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 wwnv cityoffederahvay. com 10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passagewaysat all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that -is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296 -127 -023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. MAINTENANCE AGREEMENT - 5 - 4/2011 Clrr OF CITY HALL 33325 Federa I Way Feder 8th Avenue South Federal Way, WA 98003 -6525 (253) 835 -7000 vwnv cityoflederahvay con? 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor mayor will be performing professional services during the Term for other parties; however, 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. Contractor confirms that Contractordoes not have a business interest or a close family relationship with any City officer or employeewho was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representativesagainst any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding nondiscrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invaldate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliantwith the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non- assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity stall have any right of action or interest in this Agreement based on any provision set forth herein. MAINTENANCE AGREEMENT - 6 - 4/2011 CITY OF CITY HALL ''�•... Fe d e ra I Way 33325 8th Avenue South Federal Wa��, WA 98003 -6325 (253) 835 -7000 vvvAv cdty offaderahvay corn 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description ofthe Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. 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 above. Any notice so posted in the United States mail shall be deemed received three (3) days afterthe date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediatelyupon occurrence 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. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Countywashington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attomey'sfees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided bylaw; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterpartsmay be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgmentpages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] MAINTENANCE AGREEMENT - 7 - 4/2011 CITY OF Federal CITY HALL W 33325 8tt� Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 "AV. cityoffed rahvoy com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: A-4 c7 e�l QtX0 Andy J. Hwang, Chief of Police City Clerk, Carol McNeill , CMC DATE: UNIVERAL REFRIGERATLON COMPANY -W By: Printed Name: Title: SerLlt Gc, DATE: 1-- 11o;?S114 STATE OF WASHINGTON ) ss. COUNTY OF .` APPROVED AS TO FORM: an'� /-�, a Interim Cffy jkttorney, Amy Jo Pearsall On this day personally appeared before me O,Aj, f,�- to me known to be the -�. qcc jey of kniytf' gAx -4,4, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 2� day of 20LV. Notary Public State of Washington Kathleen O White Commission Expires 09 -01 -16 Notary's signature a Notary's printed name e Notary Public in and for the State of Washington. My commission expires5'4h(--- MAINTENANCE AGREEMENT - 8 - 4/2011 CITY Way EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 sw w otyoffederahvay cone Preventive Maintenance for Refrigeration includes two annual maintenance inspections per year. During each inspection we will perform the following (if applicable): A) Condenser coils will be cleaned and fins straightened as necessary. Dirty coils raise refrigerant pressure higher than needed, increasing electrical costs and shortening equipment life. B) Evaporator coils will be inspected and cleaned. Even a small amount of dirt on a coil decreases efficiency and increases operating costs. Dirty evaporator coils are a major cause of compressor failure. C) Refrigerant charge will be checked. A low or high refrigerant charge easily can go unnoticed, increasing operating costs. An improper charge can cause evaporator coil icing or compressor shutdown. D) Motors and bearings will be lubricated. Improperly lubricated rotating equipment eventually will fail. E) Controls, safety protection devices, and wiring will be inspected and tested. Controls and safety devices that do not function properly can increase operation and repair costs. F) Fan blades and fan motors will be cleaned. Dirty fan blades and motors decrease air flow and shorten compressor life. Dirty fan motors operate at temperatures higher than design and eventually will fail. G) Tighten all electrical connections and check for proper voltage and amp draw. Loose electrical connections cause motors and compressors to draw higher amperage, which increases operating costs and eventually will lead to failure. H) Compressors will be cleaned of all dirt and oil. An air - cooled compressor covered in dirt and oil operates at temperatures higher than design, which increases operating cost and will eventually lead to failure. MAINTENANCE AGREEMENT - 9 - 4/2011 CITY OF CITY HALL Fe d e ra I W-- ay 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www olyotlederatwaycom I) Oil pump pressures will be checked. Improper oil pressure decreases lubrication to vital moving components inside compressor and eventually will lead to failure. J) Defrost heater and defrost system will be checked. An incomplete defrost cycle will not clear the evaporator coil and causes a decrease in efficiency and an increase in operating cost. A defrost time clock with the incorrect time of day will cause the system to initiate a defrost during a heavy usage period. K) Thermostats wilt be checked and calibrated. Thermostats out of calibration will not maintain desired temperatures inside walk in boxes, possibly causing product loss. L) Condensate drain system will be checked and cleaned. A plugged condensate drain system, especially in a freezer application, can cause evaporator coil ice up and eventually lead to loss of product or compressor failure. Additional Terms and Conditions Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by this contractor, will be cause to terminate our obligation under this agreement. 2. Repairs necessitated by fire, floods, acts of God, abuse or the improper use of equipment listed will be the sole responsibility of the owner and are not covered by this agreement. This agreement does not cover any work or changes, which might at some future date, be required by government regulations, codes or insurance company needs or requirements. 4. This agreement includes all control wiring between indoor and outdoor units and the thermostat, and power wiring and controls within the units. NOT included are external power wiring, circuit breakers and disconnects supplying electrical service for the units. 5. While this agreement covers all functional components of the air conditioning/ refrigeration system, it does not cover ductwork, structural supports or other sheet metal components, which may deteriorate due to corrosion or rust. 6. NEITHER PARTY to this agreement shall hold the other responsible for any indirect or consequential damages of a commercial nature such as, but not limited to. loss of revenue or loss of use of any equipment or facilities. 7. Payment for this agreement will be net upon receipt of invoice or agreed upon terms. The Contractor offering this agreement reserves the right to discontinue service any time payments have not been made as agreed. This agreement may be terminated by either party upon 30 days written notice. MAINTENANCE AGREEMENT -10- 4/2011 CITY OF Federal EXHIBIT "B" COMPENSATION CITY HALL 3335 3th Avenue South Federal VJay, }: VA 98003 -5325 (253) 835 -7000 wv✓w:cr"fofredel Amyco.-37 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Three Thousand and no /100 Dollars ($3,000.00) based on the following rates: Preventive Maintenance $157.00 /Biannually 2 Pull Refrigeration Maintenances. *Covers cleaning supplies during maintenance visits. Does not cover labor for repairs or replacement parts. "Covers Covers I walk -in Freezer* 2 Labor coverage after inspections: Preventive Maintenance for Refrigeration does not include any labor in between maintenance inspections. Any required service in between maintenance inspections will be billed to the customer at our current labor rate, which is $107.00 per hour. There will be no overtime rates charged under Preventive Maintenance for Refrigeration. 3 Parts ;coverage: Preventive Maintenance for Refrigeration does not include any parts that may be required. The customer will first approve parts before repair is commenced. Parts will then be billed to the customer. MAINTENANCE AGREEMENT - 11 - 4'2011 AC" V CERTIFICATE OF LIABILITY INSURANCE 6/16/2014 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 PLC Insurance, LLC 4211 Alderwood Mall Blvd, #210 Lynnwood WA 98036 CONTACT Michele Stonecipher NAME: P PHONE (425) 712 -3664 a/C No: (425)712 -3786 ADpRIESS:michele @plcins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A'American States Insurance Comp INSURED Universal Refrigeration, .Inc. PO BOX 614 Auburn WA 98071 -0614 INSURER B /1/2014 INSURER C: EACH OCCURRENCE INSURER D: DAM GE TO PREMISES Ea occurrence) INSURER E: MED EXP (Any one person) 1 INSURER F: PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER:14 /15 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 LTR TYPE OF INSURANCE A D U R POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 1CG749762 -00 /1/2014 /1/2015 EACH OCCURRENCE $ 1,000,000 DAM GE TO PREMISES Ea occurrence) $ 200,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY }{ PRO- LOC PRODUCTS - COMP /OP AGG $ 2,000,000 g A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS 1 -CI- 691920 -2 /1/2014 /1/2015 COMBINED SINGLE LIMIT Ea accident $ 11000,000 X BODILY INJURY (Per person) $ I BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 0ISU369682 -00 /1/2014 /1/2015 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEC) I X RETENTION$ 10,000 $ A )@y(M�pjJ]@�( ,)W EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 1CG749762 -00 Stop Ga P p /1/2014 /1/2015 WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 2 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Job Ref: Service Maintenance Evidence of Insurance Johnny.Hernandez @cityoffed Federal Way Police Facilities Department 600 S 333rd St. Federal Way, WA 98003 ACORD 25 (2010/05) INSn25 nninns� m 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 Rucker /MONICA ©1988 -2010 ACORD CORPORATION. All rights reserved. The Af r)Rr) name nnri Innn nro rcnicforcrl m —lrc of Ar�r)pn