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Home My WebLink About2F Enterprises - 1st & Sylvester Concrete Repair ContractCONTRACT SMALL WORKS ROSTER 1" & Sylvester Concrete Repair THIS CONTRACT is made and entered into this g_ day of ALLanber 2017, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and 2F Enterprises, 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: 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: CK 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 30 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, lst & Sylvester Concrete Repair Small Works Roster Contract — 2F Enterprises Page 1 9 Q, 7-9 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. I" & Sylvester Concrete Repair Page 2 Small Works Roster Contract — 2F Enterprises 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 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. 1" & Sylvester Concrete Repair Page 3 Small Works Roster Contract — 2F Enterprises 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. CK 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: Dean Pollick, or his/her designee Facilities Representative 525 North 3rd 1" & Sylvester Concrete Repair Page 4 Small Works Roster Contract — 2F Enterprises Pasco WA 99301 PollickD@pasco-wa.gov 9.3.2 For the Contractor: Craig Emory, Owner, or his/her designee 2F Enterprises 2601 S. Oak St. Kennewick, WA 99337 1.0. 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, ac 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 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 By: abell, City Manager City of Pasco 525 North 3rd Vasco ti"A 99301 (509) 545-3444 1" & Sylvester Concrete Ri,,pair Small Works Roster Contn,ci — 2F Enterprises CONTRACTOR By: 2F Enterprises 2601 S. Oak St. Kennewick, WA 99337 (509) 366-2310 Registration No. 2FENTE*908MA Page 5 October 26, 2017 City of Pasco PO Box 293 Pasco, WA 99301 Dear Mr. Dean Pollick, Exhibit A F Enterprises 2601 S Oak St Kennewick, WA 99337 2FENTE*908MA PH: 509-366-2310 Fax. 509-582-8632 QUOTE I" Ave & Sylvester Concrete Sidewalk Improvements 525 N I't Center Install 901ft curb and gutter with 5' sidewalk. Install 501ft 6' sidewalk ramp from new 5' sidewalk to entry door pad; ramp to have two 6' landings and bends. Work includes excavation and installation per City of Pasco Standards. Permit Sod repair Craig K. Emory Owner 12,000.00 460.00 1,300.00 Subtotal 13,760.00 8.6% Sales Tax 1,183.36 Grand Total $14,943.36 ACORD CERTIFICATE OF UA rE (MM DD1Y YY LIABILITY INSURANCE CITY OF PASCOL 1011712917 r MULVIHILL INSURANCE SERVICES i T - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 11 NORTH MORAIN 'N,Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE Attention HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR KENNEWICK WA 99336 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 11A'Anm0411 u".'11 GE' L!AeUT CPPI026694 INSURERS AFFORDING COVERAGE NAIC T"'iIQE! INSUPERA %Veiter W Wiicc;nal Assurance Compa ny 24 465 CRAIG K. EMORY - - -------- DBA 2F ENTERPRISES 2601 S OAK ST INSURER C KENNEWICK WA 99337-6119 INSURER 1) INSURER C crnrPRercc 11 1 C 7 T N q F N --'F r T' 7 � 1 ' 'y I I 'l - 1:fl, ',.Tlf CITY OF PASCOL 1z 1i ;T 7 , " H F' Ih r..' i T - TIE', 1r sT TO L'L lL f, W- FrErl, ,J: 7 Attention POLVCY NUMBVR ..... LIMITS 11A'Anm0411 u".'11 GE' L!AeUT CPPI026694 WiO1i17 07/01118 touo'000 X .1 100,000 X 5,000 A YES % 1,000D00 ZDMOOO 2.000.000 X AUI`010611-, LIAM,]', cpP1029288 07/01117 07101/18 0 'y r Imo'000 X A X X ',;ARAIiF -1na j1Y 'r"'R 11.'14 01L ^10R',ERS QOMPEP-ATION AND CPPI026694 07101/17 07101118x WA Stop Gap Aj ,iN. 1.000=01 110001000 1,000.000 :)THF:P DESCRIPTION OF OPERATIONSfLOCATIONSIVEHICLFSIEXCLUS IONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS SMALL WORKS ROSTER CITY OF PASCO IS ADDITIONAL INSURED, PER WORDING ON ATTACHED ENDORSEMENT WNGL49 (07115) IN RESPECTS TO THE NAMED INSUREDS OPERATIONS FOR THE CITY 09 PASCO. -1-1- — I--, �11�1 '7,ACORD CORPORATION 1988 r. CITY OF PASCOL r25 NORTH 3RD i T - PASCO WA 99301 Attention -1-1- — I--, �11�1 '7,ACORD CORPORATION 1988