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SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of the /R P— day of ri I , 201 q, (the
"Effective Date") by and between the City of Renton, a non-charter code city under RCW 35A,
and a municipal corporation under the laws of the State of Washington ("Renton"), through its
Community Services Department and Sunrise Glass , ("Contractor"),who are collectively referred
to as the"Parties",to Replace 3 windows and refurbish the rest of the windows in the office area of
the Henry Mosses Aquatic Center. Renton and Contractor agree as set forth below.
1. Scope of Services: Contractor willprovide all material and labor necessaryto perform
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all work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment"A."
2. Changes in Scope of Services: Renton,without invalidating this Agreement,may order
changes to the Scope of Services consisting of additions, deletions or modifications,
the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such
changes in the work shall be authorized by written Change Order signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no
later than 30 calendar days after the Agreement's Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope
of Services, no later than 90 days from the Effective Date. This Agreement may be
extended to accomplish change orders, if required,upon mutual written agreement of
Renton and Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of$8,619.60 which
includes Washington State Sales Tax. This amount may be adjusted to a mutually
agreed amount based on changes to the Scope of Services.
6. Consideration: In exchange for Contractor's performance of the items and
responsibilities identified in the Scope of Services,Renton agrees to make payment of
the amount identified as the Agreement Sum.
7. Method of Payment: Payment by Renton for the Services will only be made after
the Services have been performed and a voucher or invoice is submitted in a form
acceptable to Renton. Payment of the initial 95% will be made in the next pay cycle
of the Renton Finance Department after receipt of such voucher or invoice(pay cycles
are bi-weekly). The remaining 5% will be retained for the purpose of completion of
the project and fulfillment of claims and liens.Renton shall have the right to withhold
payment to Contractor for any work not completed in a satisfactory manner until such
time as Contractor modifies such work so that the same is satisfactory.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its
elected officials, officers, agents, employees and volunteers, from and against any and
all claims, losses or liability, or any portion of the same, including but not limited to
reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or
death to persons, including injuries, sickness, disease or death of Contractor's own
employees, agents and volunteers, or damage to property caused by Contractor's
negligent act or omission,except for those acts caused by or resulting from a negligent
act or omission by Renton and its officers, agents,employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...)then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the contractor
and Renton, its officers, officials, employees and volunteers, Contractor's liability shall be
only to the extent of Contractor's negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of$1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to Renton
that are excluded in the commercial general liability insurance.
c. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
d. It is agreed that on Contractor's commercial general liability policy,the City of Renton
will be named as an Additional Insured on a non-contributory primary basis. Renton's
insurance policies shall not be a source for payment of any Contractor liability.
e. Subject to Renton's review and acceptance,a certificate of insurance showing the proper
endorsements,shall be delivered to Renton before executing the work of this Agreement.
f. Contractor shall provide Renton with written notice of any policy cancellation, within
two (2)business days of their receipt of such notice.
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Contractor agrees as follows:
a. Contractor, and Contractor's agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement provisions),
honorably discharged veteran or military status, or the presence of any sensory, mental
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or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment,
the administration of the delivery of services or any other benefits under this Agreement,
or procurement of materials or supplies.
b. The Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race,creed, color,
national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or
marital status. Such action shall include,but not be limited to the following employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation and selection for training.
c. If Contractor fails to comply with any of this Agreement's non-discrimination provisions,
Renton shall have the right, at its option, to cancel the Agreement in whole or in part.
d. Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
11. Independent Contractor: Contractor's employees, while engaged in the performance
of any of Contractor's services under this Agreement, shall be considered employees
of the Contractor and not employees,agents,representatives of Renton and as a result,
shall not be entitled to any coverage or benefits from the City of Renton. Contractor's
relation to Renton shall be at all times as an independent contractor. Any and all
Workman's Compensation Act claims on behalf of Contractor employees,and any and
all claims made by a third-party as a consequence of any negligent act or omission on
the part of Contractor's employees,while engaged in services provided to be rendered
under this Agreement,shall be the solely Contractor's obligation and responsibility.
12. Prevailing Wage Rates: Contractor must comply with the State of Washington
prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage
at the beginning of the project and an Affidavit of Wages Paid at the end of the project
with the Washington State Department of Labor and Industries, http://www.lni.wa.gov/
TradesLicensing/PrevWage/default.asp.
13. Record Keeping and Reporting: Contractor shall maintain accounts and records,
which properly reflect all direct and indirect costs expended and Services provided
in the performance of this Agreement. The Contractor agrees to provide access to
and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records
Act(Chapter 42.56 RCW).
14. Public Records Compliance. To the full extent the City determines necessary to
comply with the Washington State Public Records Act, Contractor shall make a due
diligent search of all records in its possession, including, but not limited to, e-mail,
correspondence, notes, saved telephone messages, recordings, photos, or drawings
and provide them to the City for production. In the event Contractor believes said
records need to be protected from disclosure,it shall,at Contractor's own expense,seek
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judicial protection. Contractor shall indemnify, defend, and hold harmless the City
for all costs, including attorneys' fees, attendant to any claim or litigation related to a
Public Records Act request for which Contractor has responsive records and for which
Contractor has withheld records or information contained therein, or not provided
them to the City in a timely manner.Contractor shall produce for distribution any and
all records responsive to the Public Records Act request in a timely manner, unless
those records are protected by court order.
15. Other Provisions:
a. Administration and Notices. Each individual executing this Agreement on behalf
of Renton and Contractor represents and warrants that such individuals are
duly authorized to execute and deliver this Agreement on behalf of Renton or
Contractor. Any notices required to be given by the Parties shall be delivered
at the addresses set forth below. Any notices may be delivered personally to the
addressee of the notice or may be deposited in the United States mail, postage
prepaid, to the address set forth below. Any notice so posted in the United States
mail shall be deemed received three (3) calendar days after the date of mailing.
This Agreement shall be administered by and any notices should be sent to the
undersigned individuals or their designees.
b. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
c. Assignment and Subcontract. Contractor shall not assign or subcontract any
portion of this Agreement without the City of Renton's prior express written
consent.
d. Compliance with Laws. Contractor and all of the Contractor's employees shall
perform the services in accordance with all applicable federal, state, county and
city laws, codes and ordinances. A copy of this language must be made a part of
any contractor or subcontractor agreement.
e. Conflicts.In the event of any inconsistencies between contractor proposals and this
contract,the terms of this contract shall prevail.
f. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation,drafting or execution.
h. Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent,King County,Washington,or its replacement or successor.
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i. Severability. A court of competent jurisdiction's determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate
the remainder of this Agreement,which shall remain in full force and effect.
j. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties,and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
I. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party's failure to enforce any provision of this Agreement shall not be a waiver and
shall not prevent either Renton or Contractor from enforcing that provision or any
other provision of this Agreement in the future.Waiver of breach of any provision
of this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
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IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON CONTRACTOR
B3 By:
inisci Gene Sheikh
WI-ties Director President, Sunrise Glass
1055 South Grady Way 707 Central Ave. South
Renton, W 98057 Kent, WA 98032
ftd1 4-11-2019
Date Date
Approved as to Legal Form
By: „....Arott
Shane Moloney
City Attorney
Contract Template Updated 03/12/2019 clb 759
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ATTACHMENT
A
Sunrise Glass Commercial
707 Central Ave S. Contractor License: SUNRIGI81OCE
•Ot Kent, WA 98032
Seattle Kent Tacoma FAX: a • -
253-893-0001 253-813-5755 253-502-4103 25_3-246-4028
lACCOu�rr AGENT CASH SALEwo.: ORDE PURCHASE: DATE 4/2/2019 39673
03.39 PM
CUSTOMER STATE TAX OR EXEMPT NO CUSTOMER FEDERAL TAX I.D.NO. ADV CODE SALESMAN I D ORDER TAKEN BY INSTALLED BY FEDERAL TAX I NO.
GENE GENE 83-2555700
BILL TO: SOLO TO:
CITY OF RENTON Ship To: CASH SALES
RENTON CITY HALL 6TH FL HENRY MOSES AQUATIC CENTER
1055 SOUTH GRADY WAY 1719 MAPLE VALLEY HWY
RENTON.WA 98057 RENTON,WA 98057
(425) 430-6670 CELL: (206)475-0662
City Part Number Description List Dlsc% Sell Total
1 COMM OPTION A $7,836.00 0 $7,836.00 $7,836.00
1 COMM OPTION B $9,798.00 0 $9,798.00 $9,798.00
1 COMM OPTION C $15,658.00 0 $15,658.00 $15,658.00
OPTION A IS TO SUPPLY AND INSTALL THREE(3)SINGLE HUNG WINDOWS WITH AUTO-LOCKS FOR
CUSTOMER TRANSACTIONS IN MAIN OFFICE. OPTION A ALSO INCLUDES 32 BALANCER ARMS FOR 8
WINDOWS.
OPTION B IS TO SUPPLY AND INSTALL THREE(3)SINGLE HUNG WINDOWS WITH AUTO-LOCKS FOR
CUSTOMER TRANSACTIONS IN FOOD AREA
OPTION C IS TO SUPPLY AND INSTALL EIGHT(8)SINGLE HUNG WINDOWS IN ALL OTHER LOCATIONS.
ALL OPTIONS INCLUDE DEMO AND HAUL-AWAY OF EXISTING WINDOWS.
Sub Total: $33,292.00
Tax: $3,329.20
CUSTOMER'S SIGNATURE
TERMS
TERMS OF PAYMENT. Fitly Percent t50%)deposit MAY be required poor to lob start with balance due upon completion
TOTAL SALE Total: $36,621.20
TERMS ON ACCOUNT NET 30 DAYS,SERVICE CHARGE OE I tot,PER MONTH(15%PER ANNUM)WILL 0E CHARGED ON OVERDUE ACCOUNTS
RETURN NECK FEE SUE 00
�J
,73
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