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HomeMy WebLinkAboutElite Construction & Development - CP5-FR-9A-16-01 Fire Station 84 Remodel 06.16.17CONTRACT SMALL WORKS ROSTER Fire Station 84 Remodel Project No. CP5-FR-9A-16-01 THIS CONTRACT is made and entered into this 1 day of2017, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and Elite Construction & Development, LLC., 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 furnish 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 Project Description and Specifications, 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 subject to any retainage or withholdings as provided below. 3. Time of Completion. The work covered by this Contract shall be completed with all respects within 21 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. Warrantv 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, Fire Station 84 Remodel — CP5-FR-9A-16-01 Page 1 Small Works Roster Contract — Elite Construction & Development, LLC ,29V) 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 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. Fire Station 84 Remodel — CPS -FR -9A-16-01 Page 2 Small Works Roster Contract — Elite Construction & Development, LLC 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. 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 ❑ $ each occurrence; and $ general aggregate 6.2.3 Professional Liability insurance shall be written with limits no less than: ❑ $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 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 ANII. 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. Fire Station 84 Remodel — CPS -FR -9A-16-01 Page 3 Small Works Roster Contract — Elite Construction & Development, LLC 7. 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 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: Ben Mohs, or his/her designee Facilities Representative Fire Station 84 Remodel — CP5-FR-9A-16-01 Page 4 Small Works Roster Contract — Elite Construction & Development, LLC 525 North 3rd Pasco WA 99301 MohsB(a;pasco-wa. Qov 9.3.2 For the Contractor: Elite Construction & Development, LLC, or his/her designee PO Box 6897 Kennewick, WA 99336 an elitecnd.com 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 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 parry 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. IN WITNESS WHEREOF, the parties have executed by their duly authorized official this Contract in triplicate, each of which being deemed an original on the date first written above. CITY OF PASCO, WASHINGTON ByY;a ave la 11, City Manager 400 City of Pasco 525 North 3rd Pasco WA 99301 (509)545-3444 CONTRACTOR By: U y*f P WMt-944AIV- Elite Construction & Development, LLC P.O. Box 6897 Kennewick, WA 99336 (509) 545-3975 Registration No. ELITECD876CO Fire Station 84 Remodel — CP5-FR-9A-16-01 Page 5 Small Works Roster Contract — Elite Construction & Development, LLC Proposal Client: Property: Estimator: Position: Address: Date Entered: Latest Revision: Exhibit A City of Pasco 4803 W. Octave Street Pasco, WA 99301 Ryan Wahlbrink Project Manager/Estimator P.O. Box 6897 Kennewick, WA 99336 6/8/2017 Labor Efficiency: Roofing - Franklin County Prevailing Wage Estimate: Job Name: Fire Station 84 Contact: Ben Mohs Email: 509-316-6545 Business: 509-545-3975 Cell: 509-713-0943 Date Job contracted: Date Job completed: all= Facilities Department We hereby propose to furnish all materials quoted and perform the labor necessary for the property improvements of: 4803 W. Octave Street Pasco, WA 99301 Scope of work to be coordinated by project manager & client. A schedule & time table to be discussed for completion of phases before project begins. All material guaranteed to be specified and the above work to be performed in accordance with all city codes and completed in a substantial workmanlike manner. General Notes: Material Warranty: 15 years Labor Warranty provided by Elite Construction and Development: 15 years Scope of Work: Inspections: All city inpsections will be scheduled and signed off for customer records Safety: Set up safety perimeter for ground operations, dumpster location and other supplies—"caution tape' Tearoff: (1) layer of existing roofing material Safely dump all tear off debris in approved dumpsters and transport to city dump location • Root Deck: Inspect Roof Deck for any dry rotor damaged sheeting that may need to be replaced *"Plywood replaced at $50 per sheet • Facia: Inspect Facia and Barge Boards for any rot or repairs **1x6 Facia replaced at S7 per foot Leak Barrier (ice & Water Shield): will be installed at the following areas: All eave edges, all valleys, around all skylights, around all chimneys, dead valleys and any roof penetrations (pipe boots or gas exhaust vents( Underlavment: Synthetic roofing underlayment will be used as the primary underlayment under roofing material This material is tear resistant and does not wrinkle when it gets wet. Certainteed Swift Start: starter shingles will be installed at all eave edges in accordance with manufacturer specifications. "D" Metal Flashing: All existing perimeter edge flashing will be replaced with new 28 Gauge painted D metal flashing. Available colors are black, brown or white. Existing Flashings: Step Flashing 1 Roof to Wall 1 Chimney Flashing I Skylight Flashings I will be inspected and replaced with new 28 gauge painted metal flashing to ensure a new water tight seal • Attic Ventilation: New painted metal vents will be installed, RV038 or RV49, depending on current vent sizes. If not enough ventilation exists, Elite will install more roof vents to bring the house or building up to current code standards. An under ventilated attic space is the most common cause of roof problems and dryrot. Ridge Caps: Install new ridge cap, color matched to shingle on all hip and ridge lines Flapper Vents: Replace existing flapper vents with new metal vents, connect interior duct work • 6 -Nails for High Wind: 6 nails will be installed per shingle to ensure the highest wind rating for your new roof • Plumbing boots: Replace all existing plumbing boots with new no -calk pipe boots, black or brown color. Standard Exclusions: Not included in the scope of work Linked fM 91 Electrical work, wiring and outlets HVAC units, service or repairs MU NOTES: **Staging & storage of building material will be coordinated between project manager and customer. **All construction work will be coordinated with weather forecast to avoid rain water damage SUMMARY PROJECT TOTAL $6,064.00 **Lifetime Material Warranty Cei tainTee(i I_ IM 1I YX SERIES **13o Mph Wind Warranty Sales Tax @ 8.60% $521.50 Grand Total $6,585.50 ROOF COLOR: FLASHING COLOR: **Note: City Permits. Payments and Policies as follows **Any Changes to the agreed proposal will require a signed change order, prior to beginning new scope of work. **Elite Construction & Development is responsible for maintaining a clean working environment on a daily basis, all construction debris & disposal to be handled by Elite unless otherwise noted. **Fifteen (15) year warranty on all craftsmanship from date on signed certificate of completion. RYAN WAHLBRINK I PROJECT MANAGER - ESTIMATOR ELITE CONSTRUCTION & DEVELOPMENT PO Box 6897 Kennewick WA, 99336 0:509-545-3975 C: 509-713-9043 Accepted By: Print: @ 2017 by Elite Construction & Development, U.C. Date: All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Elite Construction & Development. UnkedO 11