HomeMy WebLinkAboutBLD2022-00246 - 10 CommunicationsTimberwolf Rcmodel by Design
Tommy J. Lothamer
President
9300 Holly Farm Lane NE
Bainbridge lsland, WA 98110
206-900-9653 (WOLr)
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TIMBERECD2CI6DD
Rob Diehl
73 Pelton Ct.
Port Ludlow
Wa.98365
CONSTRUCTION AGREEMENT
This Agreement is made as af i.!l\:.ll|2l by and betu'ieen li.i*il; i lr*tll, located at llr 1 ".,:['i],.,,i', ,.'i, l"o,l i'
l.lrrr.fl[r;,vr.'\lUt.r. i)iilritili and Timberwolf Carpentry and Design, LLC, a Washington limited liability
company located at 9300 Holly Farm Lane NE, Bainbridge lsland WA 981'10 with a contractor's
license number: TIMBERECDB06DD ("Contractor"). Owner and Contractor may each be
referred to in this Agreement individually as a "Party" and collectively as the "Parties' '.
The Parties agree as follows:
1. Description of Work. Contractor shall perform the following described work at:
PTEASE SEE ATTACHED EXHIBIT A
(the "Prope[y"), in accordance with Owner's contract plans and specifications, attached as Exhibit A,
tlris Agreement and any Change Order, as defined herein, (collectively, the "Contract Docunieitts").
2. eontraet Price and Fayments. Owner agrees to pay Contractor the totai amount of I
plus applicable sales tax ""'for a total of ""1
3. Payment of this amount is subject to additions or deductions in accordance with any mutually
agreed to changes and/or modifications in the Work. Payment will be made by Bankable check,
ACH or Credit Card (if using a credit card, there will be a 3% processing fee) according to
the following schedule:
o *' i*'* deposit, due upon the execution of this Agreement'
o ***r l*u Progress Paymonts are Due Weekly in the amount of ' *
o ANY ll[:jMAlNlN(i t]/\L./\NCI: will bo <.it.tt; u1:otr cornlrlt:tiorr r-rf Wotk.
o Any chlrrrge clrclors vLrill l:r,t piricl if l'ull at the l.irnc; oI a1;t'r r;rrtc;n'i. [retwot>tt t;t.ls{.otrtt:t atlt.l
corrtr-i.rc;tor br,.foro s;aid change will bc,;i,1in. N0 l'H: 'l-ttis trtay it{fc;ci ihe-' ctlnrpletitltt rlaio.
REMODEL BY DESIGN
RECEIVED BY DCD 4/28/22
3. Certificate of Completion. Work under this Agreement shall begin on or within
Upon completion of the Work, the Contractor shall notify the Owner that the Work is ready
for final inspection and acceptance and the Owner shall make the final payment within seven days after
the final inspection
4. Materials and Labor. Contractor shall provide arid pay for all labor and equipment, including tools,
construction equipment, machinery, transportation and all other facilities and services. All materials as
riecessary for the completion of the Work shall be paid for by THE HOMEOWNER. All nraterials shall be
good quality and new, unless the Contract Documents require permit othenruise. Contractor may
substitute materials only with the prior written approval of Owner. The following materials will not be
included in the Contract Price and are the sole responsibility of Owner and will not be covered under
warranty by Contractor: N/A
5. Licenses and Permits. Contractor shall obtain all licenses and permits necessary for proper
completion of the Work. Owner is responsible for the cost of any necessary permits or licenses.
6. Laws and Regulations. Contractor shall perform the Work in a workmanlike manner and in
compliance with all applicable federal, state, and local laws, regulations and ordinances, and any safety
requirements of the Owner (the "Applicable Laws"). Contractor shall promptly notify Owner upon
discovery of any variance between the Applicable Laws and the Construction Documents.
7. Supervision of Construction. Contractor shall be solely responsible for and shall supervise and direct
all construction under this Agreement. The Contractor shall provide competent and suitable personnel tc
perform the Work and shall at all times maintain good discipline and order at the Property. Contractor will
at all times take all reasonable precautions for the safety of its employees and the public at the Property.
Contractor agrees to assume full responsibility for the acts, negligence, and/or omissions of its employees
and any subcontractors and their employees.
8. Record Documents. Contractor shall maintain in a safe place at the Property one record copy of all
drawings, specifications, addenda, written amendments, and the like in good order and annotated to show
all changes made during construction, which will be delivered to Owner upon completion of the Work.
9. Utilities. Owner shall pay for all permanent electric, water, phone, cable, sewer and gas service as
needed to perform the Work. Owner shall pay for the installation, connection and removal of all temporary
utilities on the Property during the performance of the Work. All temporary utilities shall conform and
adhere to the Applicable Laws.
10. Hazardous Matorials. Except as otherwise provided in the Contract Documents, Contractor shall be
responsible for all Hazardous Materials brought to the Property by Contractor. Hazardous Materials shall
include radioactive materials, asbestos, polychlorinated biphenyls, petroleum products, crude oil,
flammable materials, chemicals or solvents known to cause cancer or reproductive toxicity, pollutants,
contanrinants and toxic substances which are restricted, prohibited or regulated by any agency of
government in its manufacture, use, maintenance, storage, ownership or handling. lf Contractor discovers
any Hazardous Materials on the Property, Contractor shall immediately notify Owner and may cease
working until the material or substance has been rendered harmless. Owner shall defend, indemnify and
hold harmless Contractor, any subcontractors, and their respective agents and employees fronr and
against all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting
from contact with the Hazardous Substance in performance of the Work resulting in bodily injury, illness or
death, or injury or property damage, provided such claim, damage, Ioss or expense is not the result of any
negligent act or onrission by the pafiy seeking such indenrnity.
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RECEIVED BY DCD 4/28/22
11. Warranty. Contractor warrants that the Work shall be in accordance with the Contract Documents and
free from material structural defects. Contractor shali redo or repair any Work not in accordance vrrith the
Contract Documents or any defects caused by faulty materials, equipment or workmanship for a period of
one (1) year(s) from the date of completion of the Work.
12. eondition of the Property. Contractor agrees to keep the Property and adjoining driveways free and
clear of waste material and rubbish. Contractor shall confine the storage of materials and equipment and
the operations of employees to the Prope(y and shall not unreasonably encumber the Property with
materials or equipment. Contractor shall be fully responsible for any damage to the Property or areas
contiguous thereto resulting from the performance of the Work. At the completion of the Work, Contractor
shall remove allwaste materials, rubbish and debris from and about the Property as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall leave the Property
clean and ready for occupancy by Owner.
13. lnspeetion. Owner shall have a right to inspect the Work at any time and request that the e ontractor
promptly correct any Work that is defective or does not conform to the Contract Documents. lf required,
the Work shall be inspected and certified by the appropriate state or local agency or health officer at each
necessary stage.
14. Right to Stop Work. lf Contractor fails to correct any defective Work or repeatedly fails to perform the
Work in accordance with the Contract Documents, Owner shall have the right to order Contracior to stop
performing the Work, or any portion thereof, until the cause for such order is eliminated.
15. Subcontracts. Contractor shall furnish to Owner a list of names of subcontractors proposed to
perform principal portions of the Work. The Contractor shall not employ any subcontractor to whom the
Owner reasonably objects. A subcontractor, for the purposes of this Agreement, shall be a person with
whom the Contractor has a direct contract for work at the Property. All contracts between Contractor and
subcontractor shall be in accordance with the terms of this Agreement and the Contract Documents.
16. Work Changes. Owner reserves the right to order changes to the Work in the nature of additions,
deletions or modifications, without invalidating this Agreement, and agrees to make corresponding
aCjustments in the Contract Price and time of termination if applicable. All changes will be authorized in a
written "Change Order" signed by Owner and Contractor, which shall be incorporated by reference herein.
Said changes lvill be paid in full before said changes are started.
17. Other Contractors. Owner reserves the right to enter into other contracts in connection with the
Work. Contractor shall cooperate with all other contractors so that their work shall not be impeded and
shail give them access to the Property as necessary to perform their contracts.
18. lndemnification. Contractor agrees to defend, indemnify and hold harmless Owner and its agents
and employees, from and against all claims, actions, liabilities, suits, demands, injuries, obligations,
damages, losses, settlements, judgments, fines, penalties, costs and expenses, including reasonable
attorneys' fees, arising out of any negligent act or omission by Contractor, a subcontractor or anyone
directly or indirectly employed by them in the performance of the Work resulting in bodily injury, illness or
dealh, or for property damage, including loss of use, unless caused by the sole negligence or willful
misconduct of Owner.
19. Contractor's lnsurance. Contractoragrees to maintain at its own expense during the entire period of
construction at the Property:
RECEIVED BY DCD 4/28/22
A. General Liability lnsurance. Such general liability insurance will protect Contractor from claims for
property damage and bodily injury, with linrits of liability not less than: Ii'i"l;{i{.1.(iili}"#!.} for each
occurrence.
B. Workers'Compensaiion lnsurance. Such workers'compensation and employee insurance as
required by law.
C. Autonrobile Liability lnsurance. Such automobile liability insurance with limits of liability not less
than:
Except for the workers' compensation insurance, Contractor shall name Owner as an additional insured.
Proof of such insurance shall be filed by Contractor with Owner within a reasonable time after execution
of this Agreement.
20. Waiver of Subrogation. Owner and Contractor each waive any and all claims or rights to recovery
against the other Party for any loss or damage to the extent such loss or damage is covered by insurance
or would be covered by any insurance required under this Agreement. Owner and Contractor shall cause
each insurance policy carried by Owner or Contractor relating to the Property to include or allow a full
waiver of any subrogation claims.
2f . Time of EsseRee. All times stated in this Agreement or in the Contract Documents are of ttre
essence. Contractor agrees that such times are reasonable for performing and completing the Work.
22. Liquidated Damages. ln the event the Work is not completed by the date set forth in Section 3 of
this Agreement, plus any extensions thereof as allowed in this Agreement, Owner shall suffer damages
uncertain in amount and difficult to measure and prove accurately. Owner and Contractor agree that in
lieu of actual damages, and not as a penalty, for delay in the performance of the Work, eontractor shall
pay Owner the sum of: 0 for each calendar day completion of the Work is delayed. Contractor agrees
that the liquidated damages specified herein are reasonable in amount and are not disproportionate to
aclual anticipated damages. Owner shall have the right to deduct any liquidated damages from any
amount due or that may become due to the Contractor. Liquidated damages shall be the sole and
exclusive remedy for the Owner for delay in completion of the work past the agreed upon date.
23. Extension of Time. The times stated in this Agreement may be extended for such reasonable time as
Contractor may determine when performance of the Work by Contractor is delayed by a Change Order,
labor disputes, fire, unusualdelay in deliveries, abnormal adverse weather conditions, unavoidable
casualties, or other causes beyond Contractor's control or which justify the delay.
24. Early Termination for Breach of Contract.
A. Gontractor's Termination. Contractor may, on thirty (30)days'written notice to Owner, terminate
this Agreement before the completion of ihe Work when for a period of thirty (30) days after a progress
payment is due, through no fault of Contractor, Owner fails to make the payment. On such termination
Contractor may recover from Owner payment for all Work completed and for any loss sustained by
Contractor for materials, equipment, tools or machinery to the extent of actual loss thereon, plus loss
of a reasonable profit.
B. Owner's Termination. Owner may, on thirty (30) days' notice to Contractor, terminate this
Agreement before the completion of the Work, and without prejudice to any other remedy Owner may
have when Contractor defaults in the performance of any provision of this Agreement, or fails to carry
out performance of the Work in accordance with the provisions of the Contract Documents. lf the
unpaid balance on the Contract Price ai the time of the termination exceeds the expense of finishing
the Work, the Owner shall pay such excess to the Contractor.
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RECEIVED BY DCD 4/28/22
25. Disputes. Any dispute arising from this Agreement shall be resolved through mediation. lf the dispute
cannot be resolved throuEh mediation, then the dispute will be resolved through binding arbitration
conducted in accordance with the rules of the American Arbitration Association.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original and all of which together, shail constitute one and the same document.
27. Headings. The section headings herein are for reference purposes only and shall not otherwise affect
the meaning, construction or interpretation of any provision of this Agreement.
28. Notiees. Any notice or communication given or made to any Party under this Agreement shall be in
writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail,
return receipt requested, to the address stated above or to another address as that Party may
subsequently designate by notice and shall be deemed given on the date of delivery.
29. Assignment. No Party hereto shall have the right to assign its rights or delegate its duties hereunder
without ihe written consent of the other Pariy, which consent shali not be unreasonably withheld.
30. Binding Effect. This Agreement shall be binding and endure to the benefit of the Pafties and their
respective legal representatives, heirs, administrators, executors, successors and permitted assigns.
31. Governing Law. This Agreement and the rights and obligations of the Parties hereto shall bre
governed by and construed in accordance with the laws of the State of Washington, without regard to its
conflicts of law provisions.
32. Severability. If any provision of this Agreement is held to be ir-rvalici, illegal or unenforceable in whole
or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and
enforceable as though the invalid, illegal or unenforceable part had not been inciuded in ihis Agreement.
33. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings and
agreements.
34. Amendments. This Agreement may not be amended or modified except by a written agreement
signed by allthe Parties.
35. Waiver. No Party shall be deemed to have iaraived any provision of this Agreement or the exercise of
any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any
Party of a breach or violation of any provision of this A.greement shall not constitute a waiver of any other
subsequent breach or violation.
RECEIVED BY DCD 4/28/22
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
?^l z*?-\ au.*f T)i-'.1
Owner Full Name
N nor*i L bre]-l
Owner Full Name
r
J
I/mOerwott Carpentry
&rd Design, LLC Tommy J. Lothamer
Contractor Contractor Representative Full Name
Owner Signatr"rre/Date
Owner Signature/Date
6
Contractor Representative
RECEIVED BY DCD 4/28/22
EXHIBIT A
Deconstruct existing deck steps and deck boards.
Deconstruct upper existing roof edge to prepare for tie-in of new roof.
Prep and pour new footings for new deck and roof extension.
Frame new deck area as required by engineering, with support posts for new roof
frame up. (post and beam)
Tie in and frame post and beam system for new roof.
Sheet roof and finish exposed underside with T&G pine.
Finish roof to match existing composition roofing.
lnstall electrical to customer requirements 2 outlets, and junction mount to
include electrical for fan.
lnstall extension gas line for gas fire pit.
Finish new deck with 5/4 by 6 cedar planking.
Pour landing pad for new steps (2) ea.
Frame steps as required per plan.
lnstall railings to match existing and finish as required.
Skirting to ground around the deck.
All finishes to match existing.
T&G pine to be painted white.
All required stamped engineering, permitting and required payment will be made
by the contractor.
Permit process to be completed by contractor.
RECEIVED BY DCD 4/28/22
THIS AGREEMENT INCLUDES THE PRICE OF ALL SUBCONTRACTORS NEEDED
TO PERFORM THE PROJECT
ANY ADDITIONAL WORK WILL BE A CHANGE ORDER AND PAID IN FULL BEFORE
WORK IS TO BE PERFORMED
z[ImBERWoLF
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RECEIVED BY DCD 4/28/22