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HomeMy WebLinkAboutBrashear Electric, Inc. - CP5-FR-9A-16-01 Fire Station 84 Remodel 07.18.17CONTRACT SMALL WORKS ROSTER Fire Station 84 Remodel Project No. CP5-FR-9A-16-01 THIS CONTRACT is made and entered into this 17 day ofJ ( 2017, by and between the City of Pasco, Washington, a Municipal Corporation, hereieferred to as "City", and Brashear Electric, Inc., 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. 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, Fire Station 84 Remodel — CP5-FR-9A-16-01 Small Works Roster Contract — Brashear Electric, Inc. Page I SB() 7 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 Scope 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 — CP5-FR-9A-16-01 Page 2 Small Works Roster Contract — Brashear Electric, Inc. 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 — CP5-FR-9A-16-01 Page 3 Small Works Roster Contract — Brashear Electric, Inc. 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 — Brashear Electric, Inc. 525 North 3rd Pasco WA 99301 MohsB@pasco-wa.eov 9.3.2 For the Contractor: Zene "Pepper" Stillar, or his/her designee Brashear Electric, Inc. 1601 Columbia Park Trails, Suite 204 Richland, WA 99352 bobnnbrashearelectric.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 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. IN WITNESS WHEREOF, the parties have executed by t ' d y authorized official this Contract in triplicate, each of which being deemed an origi on t date first writterylabove. CITY OF PASCO, WASHINGTON By:l Ba�ab apager: Rack T�G'wap/rTi4+eI'bn (zu�%G City of Pasco / 525 North 3rd Pasco WA 99301 (509)545-3444 Fire Station 84 Remodel — CP5-FR-9A-16-01 Small Works Roster Contract — Brashear Electric, Inc. Brashear Electric, Inc. 1601 Columbia Park Trail, Suite 204 Richland, WA 99352 (509)783-1001 Registration No. BRASHEI I I OBA Page 5 From: Bob Martin <bob@bras hearelectric.com> Sent: Friday, July 14, 2017 1:03 PM Subject: Pasco Fire Station Mods Quote 7-14-17 To: Ben Mohs <mohsb@pasco-wa.eov> Hi Ben, figured I would break this up into two different quotes since it's two different addresses. Fire Station Portion Noted Below................................................................$1,895.00 ELECTRICAL PERMIT CURRENT PREVAILING WAGE RATES 1- INSTALL CONDUIT AND WIRE AROUND NEW MAN DOOR TO RE -FEED EXISTING RECEPTACLES 1- INSTALL APOLLO PROVIDED 120V GAS SENSOR 1- INSTALL EXHAUST FAN MOTOR STARTER CONTROLLED BY SENSOR 1- WIRE END WALL EXHAUST FAN 1- INTERLOCK 120V INTAKE LOUVER WITH EXHAUST FAN Resident House Portion Noted Below...............................................................$2,255.00 ELECTRICAL PERMIT CURRENT PREVAILING WAGE RATES 1 -TERMINATE EXISTING FLEX AND WIRE INTO OUTDOOR COMPRESSOR 2- INSTALL 14/3 STRANDED COM WIRE FROM COMPRESSOR TO INDOOR HEAD UNITS 1- FISH IN 120V JUNCTION BOX AND TERMINATE CONDENSATE PUMP WIRES FOR INDOOR HEAD UNIT 1- INSTALL 50 AMP CONTACTOR ABOVE ELECTRICAL PANEL FOR RANGE 1- INSTALL RED MUSHROOM HEAD PUSHBUTTON ADJACENT TO ELECTRICAL PANEL FOR CONTROL OF RANGE CONTACTOR Total for both projects.........................$4,150.00 "DOES NOT INCLUDE" -SALES TAX -SHEETROCK REPAIR -SUPPLYING GAS SENSOR FOR EXHAUST SYSTEM Let me know if you have any questions. Thanks, Bob BOB MARTIN GENERAL MANAGER BRASHEAR ELECTRIC, INC. 1601 COLUMBIA PARK TRAIL STE 204 RICHLAND, WA 99352 509-783-1001 OFFICE 509-735-0618 FAX