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HomeMy WebLinkAboutArtus Construction - Fire Station 81 Roof RepairCONTRACT SMALL WORKS ROSTER Fire Station 81 Roof Repair THIS CONTRACT is made and entered into this J day of r, 12017, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and Arcus Construction Company, hereinafter referred to as "Contractor." WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster contract, or a limited public works contract; and WHEREAS, the City having sought and secured quotations from its small works roster, and the Contractor being duly qualified as a Contractor on the small works roster having submitted a quotation acceptable to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. _Description of Work. The Contractor shall famish all equipment, labor, tools, materials and appurtenances and perform all services in a workmanlike manner and in accordance with the plans and specifications as provided in the Quotation, attached hereto as Exhibit A. 2. Compensation. Compensation for the performance of the service and materials as described in Exhibit A shall be: ® That amount set in the quotation attached hereto as Exhibit A; or 3. Time of Completion. The work covered by this Contract shall be completed with all respects within 30 (thirty) calendar days from the date of the Notice to Proceed. Once the work is commenced, the Contractor shall diligently pursue the work to completion within the time specified in this Contract. 4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public works contract in compliance with RCW 39.04.350; and further agrees to comply with all State and Federal laws relating to the employment and wage rates to be paid. 5. Indemnification. 5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of Contract - Small Works Roster Page I the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 5.2 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 injuries or damages to property caused by or resulting from the concurrent negligence of the Contractor, and the City, its officers, employees, agents and volunteers, the Contractor's liability and obligation to defend hereunder shall only be the proportionate extent of the Contractor's negligence. 5.3 It is further agreed that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 5.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 5.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Contractor's delayed or failed performance of Section 6 above. 5.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. 6.1 Minimum Scone of Insurance. Contractor shall obtain insurance of the types described below: 6.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 6.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 6.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 6.1.4 Professional Liability insurance appropriate to the Contractor's profession. Contract - Small Works Roster Page 2 7 6.2 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 6.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 6.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $1,000,000 each occurrence; ® $2,000,000 general aggregate; or 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 6.3.1 The Contractor's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than A:VII. 6.5 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Retainage and Performance Bond. 7.1 Unless it is waived as provided below, the Contractor shall provide and post for the benefit of the City a Performance and Payment Bond issued by a qualified surety insuring the Contractor's performance of all the provisions of the Contract and payment of all labors, mechanics, and subcontractors and materialmen as required by RCW 39.08.010. 7.2 The City shall withhold five percent (5%) of the money due to the Contractor for the work performed under this Contact until completion and/or acceptance of the Contract as provided by RCW 60.28.011. Contractor may elect an option for Contract - Small Works Roster Page 3 management of the statutory retainage by notice to the City of the elected option under RCW 60.28.011. 7.3. Limited Public Works Project. If the Project's estimated cost is less than $35,000, the City may elect to waive the retainage and payment and performance bonds as required above as evidenced by the initials below. Waiver -- initials 8. Work Site Conditions. The work performed under this Contract is done at the Contractor's risk and that Contractor is familiar with the conditions present and other contingencies likely to affect the work, and has submitted their quote accordingly. The Contractor will assume the responsibility and risk of all loss or damage to materials or work which may arise prior to completion. The Contractor shall keep the work site in a neat, orderly condition and after completion of the work, the Contractor shall, at its expense, clean up and remove all refuse and unused materials of any kind resulting from the work. 9. General Provisions. 9.1 For the purpose of this Contract, time is of the essence. 9.2 Notice. Notice provided for in this Contract shall be sent by: 9.2.1 Personal service upon the Project Administrators. 9.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 9.3 The Project Administrator for the purpose of this Contract shall be: 9.3.1 For the City: Dan Dotta, or his/her designee 525 North 3rd Ave Pasco WA 99301 509-543-5759 dottad@pasco-wa.gov 9.3.2 For the Contractor: Margaret Rojsza, or his/her designee Artus Construction Company 250 H Street PMB 638 Blaine WA 98230 360-220-3100 arcus@comcast.net 10. Dispute Resolution. This Contract has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each Contract - Small Works Roster Page 4 party hereto that this Agreement shall be governed by the laws of the State of Washington. ® In the event of a dispute regarding the enforcement, breach, default or, interpretation of this Contract, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 10. Additional Documents. The following additional documents are, and included and incorporated as a part of this Contract: 10.1 Quotation 10.2 WA Labor & Industries Filing Requirements IN WITNESS WHEREOF, the parties have executed by their duly authorized official this Contract on the date first written above. CITY OF PASCO, WASHINGTON a i IM City of Pasco 525 North 3rd Pasco WA 99301 509-543-5759 dottad@pasco-wa.gov CONTRACTOR By:446--U, ( tt �l Title: , j L C Artus Construction Company 250 H Street PMB 638 Blaine WA 98230 360-220-3100 artus@comcast.net RegistrationNo. ARTUSCCO23PI Contract - Small Works Roster Page 5 Exhibit A DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS Section 00 4113 - Bid Form BIDDER'S NAME PROJECT TITLE: F) RE s l A-1-10 N 81 s l E / NEDI f ROOT RE P4iP A &E14 ' 0' X 4()' The undersigned bidder declares that it has read the specifications, understands the conditions, has examined the site, and has determined for itself all situations affecting the work herein bid upon. And, bidder proposes and agrees, if this proposal is accepted, to provide at bidder's own expense, all labor, machinery, tools, materials, etc., including all work incidental to, or described or implied as incidental to such items, according to the Contract Documents of the cirY of PR$(o , and that the bidder will complete the work within the time stated, and that bidder will accept in full payment therefore the unit price(s) and/or lump sum price as set forth in the bid below: (Note: Show prices in figures only.) All work complete, Lump Sum $ V000 . 00 WSST@t%6% $ %� 7,2. o °CS0Z. Total Bid $ 3 00 ADDENDA ACKNOWLEDGEMENT: Receipt of all Addenda through No. i— Z is (are) hereby acknowledged. NON COLLUSION The undersigned declares under penalty of perjury that the bid submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and further says that the said bidder has not directly or indirectly Induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to the bidder an advantage over any other bidder or bidders. DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS Section 00 4113 - Bid Form Name By (Type or Date zj v -rr 36 &,IfilAJEkf/f 9$z3o Mailing Address City . State Zip Code 2/'n_ 71)n.?tM e07 jle- Art ... Washington State Contractor's Licensee No._AkFUS CC 02, YZ Date of Issue 1400 O F l S / J_90 Expiration Date NO LI ` " l5 „Z Q/ ;�- Federal Tax ID No. 9) — Bids submitted without a signature will be determined non-responsive, in accordance with Specifications Section 00 21 13, paragraph 3.04 BIO, PAGE 2 OF 2 Artus Construction Company 250 H Street PMB 638 Blaine, WA 98230 Ph.: 360-220-3100 Email: artus@comcast.net BID PROPOSAL FOR: FIRE STATTION 81 SHEET METAL ROOF REPAIR AT 310 N. OREGON AVE, PASCO, WA OUR PROPOSED SCOPE OF WORK TO ELMINATE FAILED METAL ROOF AREA LEAK, AS PER INVIATION TO BID: 1. WE WILL PERFORMED WATER PRESSURE TEST TO LOCATE WATER INTRUSION ENTRYS POINTS. 2. WE WILL PROVIDE NEW EDGE, HIP AND VALLEYS FLASHINGS THROUGHOUT ROOF AREA TO ENCHANCE THE PERFORMANCE OF EXISTING ROOF SYSTEM. 3. WE PROPOSE TO FRAME OVER EXISTING BUILD IN GUTTER SYSTEM AT AFFECTED AREA, REPAIR AND COVER IT WITH CLOSE MATCH SHEEET METAL FLASHING/PANELS CUSTOM ROOF SYSTEM. 4. WE WILL PROVIDE NEW FACIA STYLE CONTINOUS GUTTER CONNECTED TO EXISTING DRAINAGE BY EXISTING DOWNSPOUTS WITH CUSTOM TRANSITION. S. WE WILL CAREFULLY EVALUATE EXISTING SYSTEM AND WHERE NEEDED WE WILL REPLACE AND APPLY FRESH CAULKING. 6. WE WILL REPAIR EXSTING STUCCO AND OTHER EXISTING FINISHES AFFECTED BY ROOF REPAIR, TO DELIVER COMPLETE PERFORMING AND FUNCTIONAL INSTALLATION.ALL ITEMS FROM POINT 1 TO 6 FOR THE PRICE OF 32,000.00 PLUS WSST. 7. WE FEEL THAT EXISTING METAL ROOF SYSTEM IS SOLVABLE AND WITH PROPOSED REPAIRS AND IMPROVEMENTS IT IS NOT NECESSARY TO BE TOTALLY REPLACE. IF WHOLE ROOF WOULD HAVE TO BE REPLACE (DESIGN BUILD) OUR ESTIMATE WOULD BE $250,000.00 PLUS WSST. THANK YOU FOR OPPORTUNITY TO BID ON THIS PROJECT MARGARET ROJSZA ' ARTUS CONSTRUCTION COMPANY � ,L Exhibit B Prevailing Wage Rates This City of Pasco contract requires prevailing wages under chapter 39.12 RCW. Any worker, laborer, or mechanic employed in the performance of any part of the work shall be paid not less than the applicable prevailing rate of wage. The project site is located in Franklin County. The effective date of the prevailing wages on this project is March 27, 2017. Look up the prevailing rates of pay, benefit, and overtime codes from this link: http://www.Ini.wa.gov/TradesLicensin PrevWage/wageRates/default.asp For prevailing wage questions, contact the Dept of Labor and Industries at PW I aLni.wa.gov or 360-902-5335. l Administrative & Community Service Department Memorandum To: Dave Zabell, City Manager �p Richa Sigdel, Finance Director tqs From: Dan Dotta, Facilities Manager tjp Date: April 4, 2017 Subject: Fire Station 81 Roof Repair Contract Signature The Fire Station 81 Roof Repair was originally scheduled for completion in 2016, but the project was delayed by the severe winter weather. In January 2017, the original contractor backed out of the project. The project was again advertised through MRSC Small Works Roster. There were 2 bidders, with Artus Construction of Blaine WA the low bidder. This is a Limited Public Works project, with the total contract amount of $34,752.00, including sales tax.