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CdNTRACT AGREEMENT �
TNtS AGREEMEN"f{"Ag�eement") is rinade as af#i�e 34 day a#Decerttiber, 2Q36, (the "Effectjve
Date"j by and 6etween the City of Renton, a non-charter code city under RCVII 35A, and a
municipel corporation under the laws of the State a€ Washingtan ("Rentan"�, thraugh its
Community Services Department and Paci#ic Modular lnc., ("Cantracto�"),who are catfectiveiy
referred to as the"Parties",to the Renton Cammunity Center Sh,aw�er'�le R�storation Project
at City of Renton Commanity Center, 1715 Southeast Maple Val{ey Highway, Rentan, WA
98057. Renton and Cantractor agree as set forth belaw.
1. 5co�e af Services: Cantractor wil!provtde all materia!and tabor necessary ta perfarm ali
work described in #he Propasa! which Ps attached and ful(y incorparated �nto this
Agreement by reference as Attachment"A."
2, Changes in Scope af Setvices: Rerrton, withaut invalidating this Agreement, may arder
changes to the Scape nf Senrices consist#ng af addi#ions, deletians or modifications, the
Agreement 5um being adjusted accordingty by Parties mutuaf agreement. Such changes
in the wt�rk shall be authorized by written Ct�ange arder signed by the Parties.
3. Titne of PerEarmance: Cantractar sha11 camrnence performance of the Ag�eement no
{ater than 60 cafendar days after the Agreement's Effective Date.
4. Term of AAreement:The Term of this Ag�eement shail end at completian of the Scope of
Services. This Agreement may be extended to accomplish change orders, if required,
upon mutuaf written agreement of Renton and Contra�or.
5. ARreerr�ent Sum; The totat amount of this A�reement is the sum c�f$11,975.QQ which
includes Washingtan State Sates Tax. This amount may be adJusted to a mutual(y agreed
amount based on changes to the 5cape of 5ervices.
6. Consideration: In exchange for Contractor's performance of the items and
responsibi(ities identtfied in the Scope of 5ervices, Renton agrees to make paymertt of
the amount identified as the Agreement Sum.
7. Method of Pavment: Payment by Renton €or the Services will ortty be made after the
Senrices have been perFormed and a voucher or invoice is su'hm'stted in a farm
acceptabte ta Renton, Payment af the inrtia!954b wiA be made in the next pay cycte of
the Renton Finance Oeparkment after receipt of such voucher or invaice (pay cycles are
bi-weeklyj, The remaining 5�6 w�l1 be retained for the purpose of compietfon of the
project and fuifitirnent of ciaims and lier�s. Renton shatl have the right to withhold
payment to Contractor for any work not completed in a satisfactory manne� unti! such
time as Contractor modifies such work so that the same is satisfactory.
8. Hoid Harmless: Contractor shal! indemnify, defend and hold harmiess 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 nat (imited to
reasonable attorneys' fees, tega) expenses and litigatian costs, arising from injury or
death to persons, inciuding injuries, sickness, disease pr death of Contractar's own
employees, agents and volunteers, or damage ta property caused by Contractor's
negligent act or omission, except for those acts caused 6y 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 subjett to
RCW 4.24.115,(Validity of agreement to indemnify against liability for negtigence retative
to construction, aheration, 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 ar damages to property caused by or resutting frorn the concur�ent negligence
flf the contractor and Renton, its officers, offic�als, employees and volunteers,
Contractor's liability shall be only to the extent of Contractor's negligence.
I# is further specifically and expressty understood that the Indemnification provided in
this Agreement constitute Contractor's waiver of immunity under the Industriaf
insurance Act, RCW Title 51, solely for the purposes of this indemnification.The Parties
have mutuaUy negotiated and agreed to this waiver.The provisions of this section shali
survive the expiration or termination of this Agreement.
9. Insurence: Contractor shafE secure and maintain:
a. Commercial general liability insurance in the minimum amounts of
$1,000,000 for each occurrence/$2,00O,OOQ aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of$1,000,000 for
each occurrence, shail also be secured for any professional services being provlded to
Renton that are excluded in the commercial generat liability insurance.
c. Workers' compensation coverage, as required by the Industrial Insu�ance
taws ofthe State of Washington,shall also be secured.
d. It is agreed that on Contrattor's commercial general liability policy, the
City of Renton will be named as an Additional Insured on a non-cont�ibutory primary
basis. Renton's insurance palicies shatl not be a source for payment of any Contrector
liability.
e. Subject to Renton's review and acceptance, a certificate of insurance
showing ihe proper endo�sements, 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(2j business days of their receipt af such notice.
10. Oisc�tminatlon Prohiblted: Except to the extent permitted by a bona fide accupationa!
qual�cation,#he Contractor agrees as follows:
a. Contractor, and Cont�actor`s agents, emptoyees, representatives, and
volunteers with re�ard to the services perfarmed or to be performad under this
Agreement, shall not discriminate an the basis af race, coior, sex, religian, nationality,
creed, tnarital sta#us, s�xuai orientation ar preference, age (except rninimum age and
retirement provisic�ns), honorably discharged veteran ar military status,or the presence
of any sensary,me€�tal or physical handicap,unless based upon a bana fide accupatior�al
quatifieat�on in relationship to hiring and emptoyment, in employment or application for
employment, the administ+ration of the delivery af services ar any ather bene�ts under
thls Agreement,or pracurement o€materials ar supplies.
b. The Contractor wi!! take affirmative actian to insure that appiicants are
emptoyed anc! that employees are treated during emp#oyment withaut regard to their
race, c�eed, color, �ationa! origin, sex, age, sexuat arientat'san, physical, sensary ar
menta!handicaps, or ma�ital status. Such actian shatl inclucie, but nat be timited to the
follou►in� erz�ployment, upgrading, demc�tion or Eransfer, recruitment or recruitment
advertising, layoff or termina#ion, rates of pay or other forms of compensation and
selection for trai€�ing,
c. If Contractor fails to comp#y wfth any of this Agreetnent's non-
discrimination prQvisions, Renton shall have the right, at its option, to cancel the
Agreement in whole ar in p�rt.
d. Contractor is respansible ta be aware t�f and in cornpiiance with all
federal,state and loca(laws and regulations th�t may affect the satis6actory compEetion
of the project, which includes but is r�ot limited to fair labor laws and worker`s
campensation.
11. Independent Cantractor:Contractor's employees, while engaged tn the perfortnance of
any of Contractor's services under this Agreement,shal{be considered empfoyees of the
Contractor and nat employees, agents, representa#ives o� Rentor� and as a result, shail
not be entit{ed to any caverage or benefits from the City of Rentan.Contractor's retation
to Renton shall be at alf times as an independent cont�actor. Ar�y and all Workman's
Compensation Act claims on behalf af Contractor employees, and any and alt clairns
made by a third-party as a consequence of any negligent act ar omissian on the part of
Can#ractor's ernployees, while engaged in services provided to be rendered under thls
Agreement,shall be the solely Contractars ob(Igation and responsibility.
lz. Prevaiiing Waae Rates: Contracta�must camply with the State of Washington prevaiiing
wage requirements. Contractor must file an intent 7'o Pay Prevailing Wage at the
beginning of the project and an Affidavit of Wages Paid at the end of the project with the
Washingtan State Department of Labor and Industries,
htt : uvww.lni.wa. av radest�icensin�IPrevWage/default.asQ;,
13. Recard Keeain�and Reoo�ting: �orttractor shaE! ma�ntain accaunts and �ecords, which
praperly reflect alt direct and indirecE costs expended and Services prov'sde� in the
performance of thts Agreement< `I'F�e Gon#ractor agrees to provtde access to and copies
a#any records related ta this Agreement as required by#he City to audlt expenditures
� and charges and/or to compty with the Washington State Pubtic Records Act (Chapter
42.56 RCW).
14. Public Records Comofiance. 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 ail records in its possession, including, but not limited to, e-mail,
correspondence, notes, saved tetephone messages, recordings,photos, or drawings and
provide them to the City for productian. In the event Contrattor believes said records
need to be protected fram disclosure, it shall,at Contrattor's own expense, seek judicia)
protection. Contractar shal4 indemnify, defend, and hold harmtess the Ciry for ail casts,
inciuding attorneys'fees,attendant to any claim or litigation related to a Pubiic Records
Act request for which Contractor has responsive records and for which Contractor has
withhefd records or informatian cantained therein,or not provided them to the City in a
timefy manner. Contractor sfiaii produce for distrlbution any and ail recards 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 individuai executing this Agreement on
behaff of Renton and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behaff of Renton ar 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 ar
may be deposited in the United 5tates mail, postage prepaid, to the address set forth
below. Any notice so posked in the United 5tates mait shall be deemed recelved three(3)
calenda� days after ihe date of mailing. This Agreement shall be administered 6y and
any notices should be sent to the undersigned individuals or their designees.
b. Amendmant artd Modification. This Agreement may be amended only by
an instrument in writing,duly executed by both Parties.
c. Assignment and Subcontract. Contrartor shall not assign or subcontract
any portion of this Agreement without the City of Renton's prior express written
consent.
d. Compiiance with i.aws. Contracto�and all of the Contractors employees
sha11 perform the services ln accordance with all applicabie federel,state,county and city
laws, codes and ordinances. A copy of this language rnust 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 te�ms of this contract shail prevail.
f. Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in actordance with the laws of the State of Washington.
g. Jo1nt Drafting Effort. This Agreement shali be considered for all purposes
as prepared by the joint efforts of the Parties and shail not be construed against one
party or the other as a resuit of the p�eparation,substitution,submission or ather event
of negotiation,drafting o�execution.
h. Jurisdiction and Venue. Any lawsuit or legal action brought by any party
to enfarce or interpret this Agreemen#or any of its terms or covenants shall be brought
in the King Caunty Superior Court €or the Sta#e �f Washington at the Maleng Regional
lustice Center in Kent,King Caunty,Washington,or its replacement or successor,
i. Severability. A c�urt af competent jurisd9ction's determination that any
provision or part nf this Agreement is i!legal or unenfarceable shall not cancel or
invalidate the remainder of this Agreement,which shalC remain in ftaf!farce and effect.
j. Sale and Entlre Agreement. This Agreement contalns the entire
agreement oF the Part+es and any representations or understandings, whether oral or
wri�tten,not incorporated are excluded.
k. 7h1rd-Party Beneficiaries. Nothing in this Agreement is intended to, nor
shall be canstrued ta give any rights ar benefits in the Agreement ta anyone other than
the Parties, and all duties and responsibilities undertaken pursuant to thi� Agreement
wili be forthe sale and exclusive benefit af the Parties and no one else.
!. Waivers. All waivers shall be in writing and signed by th� waiving party.
Either part�s faiiure ta enforce any provision of this Agreement shall not be a waiver and
shail nat prevent either Renton or Contractor from enforcing that pravision ar any ather
pravision of this Agreement in the futurs. Waiver of breach of any provlsion of this
Agreement shaii not be deemed to be a waiver of any prior ar subsequent breacE� unless
it is expressly waived in writing.
� iN WiTNESS WNEREOF, the Parties have voluntarily entered intcr this Agreement as af
3
Effective Date.
; CITY aF REN�CIN CONTRACTf3R
� ��
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Ke! Bey r David Kat#ms
Community Services Administrator Pacific Modular tnc.
1055 5outh Gcady 1tVay 804 SW 34th Street,Su1te ki
Renton,Washtngton 98057 Renton,WA 98C?57
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1ll21/16
To: Bill Wilson!Michael Kirk
Facitity Mana,ger, �FM;FMPI Facitities Uirector—C'vmmunity Services Dept.
C�TY OF RENTUN—Facilities Di�rision
1055 Sauth Grady Way,6`n Ftoar
Renton,WA 98457-3�32
From: David Katims—Pacific Modular
Re: SaniGLAZE(SaniMAX C}Proposal Tite Iiestaration for Men's&Wamen's Shower Floors
and Walls
Renton Community Center
Praject Descriptian:
1715 Maple Valiey Hwy, Rer�ton,WA 98057
Men's&Women's Shower Floar&Shower WaEfs in Cammunity Center $11,975.t�0
Process to be used on 5hower Floors:SaniMAX C —Process for Shower Walis-SaniMAX C
iite&Grout Restora#ion To#al: �11,975A0
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8QCi SW 34'"S#reef,Suite H:Renton,W A 98d�7 T(4?5)b$7b200 F(�?�}b87.9Q35
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Notes•
• Sales tax not included.
• MSDS available upon request.
� Terms and conditions to be discussed prior to commencement of work.
• Floor Prep: Pacific Modular, Inc. includes in its bids minor floor prep. Defined as minor gout
sawing, grout repairs and faci(ity containment. Floor prep deemed to be"out of the ordinary" is
not included in above proposal and will be invoiced at a different rate.
• Grout color will be determined by matching existing grout once floor is clean. Color may vary
in each bath area.
Maintenance Notes:
• A maintenance program provided by Pacific Modular, Inc. is recommended on ail SaniGLAZE
floors.
• Assessment of each specific Shower Floor&Shower Wa(1 in Locker Raoms included in above
proposal will be conducted after 2 months to determine the on-going SaniGLAZE maintenance
schedule.
� Extending your warranty each year consists of a two-step process:
1)In-Service maintenance program. (A deep clean provided by Pacific Modular, Inc, using
chemicals that do not harm the SaniGLAZE coatings.
2)Properly educating janitorial staff. (On-going training of janitorial staff is included in the
SaniGLAZE program to ensure proper day to day maintenance.
� 1 � ' I �"�
_ _____.
Bcfvrc Aftcr
IDEAL FOR FITNESS CENT�RS, SPORTS CLUBS AND GYMS
Keep Yaur Facility Sanitary & Odor Free
SaniGLAZE's processes for tile and grout surfaces provide a safe, clean surface and protect
against the invasion of microorganisms, �vhich al{ works out to a healthier indoor
em�ironment. '
• lmprove the member and guest experience
■ [ncrease member retention rates
■ Eliminate foul odors,mold and milde�v
■ Save money over the cost oftile replacement
• Minimize downtime during restorations
■ Reduce the use of harsh chemicals for routine maintenance
■ Create an easier to maintain surface
■ Minimize the danger from stip and fall accidents
800 SW 34`h Street,Suite H;Renton,WA 98057 T(425)687.6200 F(4S)687.9035