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.
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