HomeMy WebLinkAbout2025-0419 - 029252-081125 - - Waller - Housing Repair Contract - Stewart Roofing Docusign Envelope ID:9CB842D2-AF83-4498-A78E-D3FF033D9671
CITY OF AUBURN MINOR HOUSING REPAIR PROGRAM
CONTRACT
Project No. 029252-081125
This contract is made and entered into on August 14, 2025, by and between the
City of Auburn (City) and Stewart Roofing Inc., (Contractor). In consideration of the
terms and conditions contained in this Contract, the City of Auburn Minor Housing
Repair Program Terms and Conditions, and for other good and valuable consideration,
the parties agree as follows:
1 . Scope of work, services performed. The contractor shall do all work and furnish
all tools, materials and equipment for the following project:
Project #: 029252-081125
Scope of Work to be performed: Remove all the roofing materials and haul
away. Install drip cap metal on all gable ends to protect roof sheathing edges.
Install factory painted starter metal on all gutter edges. Apply EPILAY® synthetic
underlayment over the entire roof. Roof with LIFETIME (30-year) PABCO
PREMIER®, ALGAE DEFENDER® Roofing System, architectural style laminated
fiberglass composition shingles. Replace "B" vent base flashing and collar. Install
boot to electrical mast. Re-flash around all roof protrusions - chimney (base
flashing only), plumbing stacks, etc. Replace five (5) existing hood vents and any
flapper style exhaust fan roof caps with new. Add four (4) additional hood vents
for improved roof and attic ventilation. Clean gutters and grounds of all debris
from the jobsite and haul away. — Per bid #182-25
Property owner and work location: Clifford Waller
311 A St NE Auburn WA 98002:
Contractor shall provide and bear the expense of all equipment, work and labor
of any sort required for completion of the work called for in this Contract.
2. Compensation. In exchange for Contractor's performance and completion of the
work specified in paragraph 1, the City shall pay Contractor $13,892.29. This
amount (Contract Amount) shall include any applicable taxes, including
Washington State Sales Tax. City will issue payment to Contractor within 30 days
of the City's final inspection and acceptance of the work performed.
3. Additional work. Contractor agrees to obtain the City's advance express written
authorization before doing any work exceeding the paragraph 1 Scope of Work
(Additional Work). Authorization must be obtained by submitting a written
estimate for Additional Work to the City for approval. If approved, the City will
issue a written change order for the project prior to the start of any approved
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Additional Work. Any Additional Work not approved by the City under this
paragraph will require a separate direct contract between Owner and Contractor,
to which the City will not be a party. Unless specifically agreed to by the City in
writing, the City will have no liability or responsibilities for any Additional Work.
4. Compliance with law.
A. Contractor registration. At all times while performing any work under a
Program Contract, Contractor will be validly registered pursuant to RCW
18.27 and/or WAC 296. Contractor agrees to cooperate with the City as
necessary to verify Contractor's registration in accordance with WAC 296-
200A-110.
B. Contractor will comply with all applicable Federal, State and local laws in
performance of all work, acquisition and use of all materials, and the
safety of persons or property.
C. Required permits. Prior to commencing any work under a Program
Contract, Contractor will obtain all building permits or approvals required
by the Auburn City Code or any other applicable law.
5. Insurance.
❑ The Contractor shall procure and maintain insurance, as required in
this Section, without interruption from commencement of the
Contractor's work under a Program Contract until thirty (30) days
after the work's completion.
❑ Contractor has previously furnished the City with a certificate of
insurance coverage meeting the requirements in this Section.
Contractor agrees to maintain the insurance coverage reflected in
that certificate throughout performance of all work under this
Contract and for 30 days after work completion.
A. No Limitation. The Contractor's maintenance of insurance, its scope of
coverage and limits as required shall not be construed to limit the liability
of the Contractor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in
equity.
B. Minimum Scope and Amounts of Insurance. The Contractor's required
insurance shall be of the types and coverage as stated below:
(i) Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be at least as broad as
Insurance Services Office (ISO) form CA 00 01. Automobile Liability
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insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident.
(ii) Commercial General Liability insurance shall be as least at broad
as ISO occurrence form CG 00 01 and shall cover liability arising
from premises, operations, independent contractors, products-
completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to
provide a per project general aggregate limit using ISO form CG 25
03 05 09 or an equivalent endorsement. Commercial General
Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and
$2,000,000 products-completed operations aggregate limit. There
shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The City shall be named as an
additional insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO Additional Insured endorsement CG 20 10 10 01
and Additional Insured-Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing at least as broad
coverage.
(iii) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
C. Other Insurance Provision. The Contractor's Automobile Liability and
Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance. Any insurance,
self-insurance, or self-insured pool coverage maintained by City shall be
excess of the Contractor's insurance and shall not contribute with it.
D. Insurance Rating. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
E. Provide Certificates. The Contractor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsements, evidencing the
insurance requirements of the Contractor before commencement of the
work.
F. Subcontractor Insurance. The Contractor shall cause each and every
Subcontractor to provide insurance coverage that complies with all
applicable requirements of the Contractor-provided insurance as set forth
herein, except the Contractor shall have sole responsibility for determining
the limits of coverage required to be obtained by Subcontractors. The
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Contractor shall ensure that the City is an additional insured on each and
every Subcontractor's Commercial General liability insurance policy using
an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all
Additional Insureds for this work with written notice of any policy
cancellation within two business days of their receipt of such notice.
6. Warranty. Contractor agrees to perform all work and to furnish all associated
labor and materials under a Program Contract skillfully, carefully and in a
workmanlike manner, free from defects in either materials or workmanship.
Contractor will be liable for defective, faulty or improper materials or
workmanship, and upon written demand, will immediately remedy all defects,
faults or omissions and complete all unfinished work. Any claim by Owner under
the foregoing warranty must be written and delivered to Contractor within one (1)
year of the date of completion of the work.
7. Time for Program Contract performance. Unless otherwise specifically agreed in
writing between the City and Contractor, Contractor shall commence
performance of work specified in a Program Contract within 30 days of entering
the Contract, and complete the specified work within thirty (30) days of work
commencement. Failure to perform Program Contract work within this timeline is
grounds to terminate a Program Contract with no further liability to the City.
8. Creation, retention and inspection of records. Contractor agrees to keep such
records as may be required by the City of Auburn or the HUD Secretary, and to
permit the City of any HUD representative to have full and free access to
contractor's records with respect to the utilization of the proceeds of the grant,
and to audit, examine, and make excerpts or transcripts from contractor's records
pertaining to the work. All documents, reports, memoranda, diagrams, sketches,
plans, surveys, design calculations, working drawings and any other materials
created or otherwise prepared by Contractor as part of this Agreement shall be
owned by and become the property of the City, and the City may use them for
any purpose beneficial to the City, and they will be subject to the requirements of
the Public Records Act, RCW 42.56, or any other applicable public disclosure
law. The Contractor agrees to provide copies of all records to the City upon
request.
9. Independent contractors, City non-liability. Any Program Contracts between City
and Contractor are entered independently. Except for specific Contract
obligations each party undertakes, neither party has the authority to bind the
other, and this Contract creates no partnership, franchise, joint venture, agency,
fiduciary, employment, or other legal relationship between the parties. It is
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further provided that the City shall have no liability to Contractor except as this
Contract expressly provides.
10. No Amendment, Modification, or Waiver Permitted. No amendment, modification
or waiver of any condition, provision or term in this Contract will be valid or of any
effect unless made in writing, signed by the party or parties to be bound, or such
party's or parties' authorized representative(s) and specifying with particularity
the nature and extent of such amendment, modification or waiver. Any waiver by
any party of any default of the other party will not affect or impair any right arising
from any subsequent default.
11. Indemnification and hold harmless. Contractor shall indemnify, defend and hold
harmless the City and its officers, agents and employees, or any of them from
any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, including attorney fees, by any reason of or arising out of
the act or omission of Contractor, its officers, agents, employees, retained
contractors or landscapers, or any of them relating to or arising out of the
performance of a Program Contract except for injuries and damages caused by
the sole negligence of the City. If a final judgment is rendered against the City,
its officers, agents, employees and/or any of them, or jointly against the City and
Contractor and their respective officers, agents and employees, or any of them,
Contractor shall satisfy the same to the extent that such judgment was due to
Contractor's negligent acts or omissions.
12. Non-Discrimination. Contractor will comply with all applicable federal, state and
local non-discrimination laws and/or policies, including, but not limited to, the
Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act.
Contractor is responsible for any and all costs or liability arising from the
Contractor's failure to so comply with applicable law.
13. Governing Law. This Contract and the rights of the parties under it shall be
governed by the interpreted in accordance with the laws of the State of
Washington and venue for any action hereunder shall be in of the county in King
County, Washington; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the substantial
completion by the Contractors of the services. Subject to the limitations set forth
in RCW 4.84.330, each party agrees to bear its own costs and attorneys' fees
generated by any dispute arising out of this Contract, unless otherwise specified
in this Contract. Contractor acknowledges that the provisions of RCW 64.50
and/or RCW 64.55 shall not apply to any dispute between Contractor and the
City regarding this Contract.
14. Severability. Each provision in this Contract is intended to be severable. If any
provision is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Contract.
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15. Reservation of rights. The City reserves the right to terminate this Contract
between the City and Contractor without further City liability upon 10 days' written
notice for failure to comply with any of term or condition in this Contract. The City
also reserves the right to change the Terms and Conditions of the City's Minor
Housing Repair Program at any time. If changed, Contractor will be required to
sign updated Terms and Conditions reflecting the changes before receiving
further Program Contract offers from the City.
By signing below, the signatory represents and warrants their authority to sign
this Contract and to bind their respective party to its terms.
Project #: 029252-081125
Clifford Waller
311 A St NE Auburn WA 98002:
CITY OF AUBURN CONTRACTOR
Dom by: Signed by:
Initial
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Print name: Nancy Backus Print name: Richard Stewart
Title: Mayor Title: Owner
Date: 8/18/2025 Date: 8/18/2025
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Project No. 029252-081125