HomeMy WebLinkAboutFIN 2022-08-08 Item 1A - Contract - City Hall Siding Repairs Project with Pacific ExteriorsFleet & Facility Services –11210 Tukwila International Blvd., Tukwila, WA 98168 – 206-431-0166
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/ City Engineer
By: Henry Ancira, Facilities Superintendent
CC: Mayor Allan Ekberg
DATE: August 5, 2022
SUBJECT: 303 Facilities Project: City Hall Siding Repairs Project
Project No. 92230302
Contract Award
Issue
Approve a contract with Pacific Exteriors LLC to repair siding on the south side of City Hall and paint
new siding to match existing exterior color.
Background
City Hall was built in 1977 and has the original siding. The southern exposed side of the building has
several areas where the siding is rotted and exposing the structure to further damage. Replacing the
siding in these trouble spots will protect and preserve the building and provide a positive aesthetic.
Analysis
Bids for the City Hall Siding Project were received by three contractors. The bids were checked,
tabulated, and no errors were found. The lowest bid was received from Pacific Exteriors LLC.
Financial Impact
The lowest bid was from Pacific Exteriors LLC, with a cost estimate of $103,087.50, plus tax of
$10,411.84, for a contract total of $113,499.34. This project has budget allocated in the 2021-2026 CIP
but is not enough to cover the cost. The 303 Fund has a sufficient balance to cover the overage.
Cost Estimate Fund Source
Pacific Exteriors Contract $103,087.50 Project Budget $100,000.00
Sales Tax (10.2%) 10,411.84 303 Fund Balance $13,500.00
Total $113,499.34 $113,500.00
Recommendation
Council is being asked to approve the contract with Pacific Exteriors LLC in the amount of
$113,499.34 and consider this item on the Consent Agenda at the August 15th Regular Meeting.
Attachments Pacific Exteriors LLC Contract
2021-26 CIP, Pg 47
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CA Revised May 2020 Page 1 of 4
City of Tukwila Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter
optional municipal code city hereinafter referred to as “the City,” and PACIFIC EXTERIORS LLC
hereinafter referred to as “the Contractor,” whose principal office is located at 14724 Bothell Way NE, Lake
Forest Park, WA 98155.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $113,499.34.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
August 15, 2022, and ending December 31, 2022, unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto. Neither
Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
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CA Revised May 2020 Page 2 of 4
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 injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the
extent of the Contractor’s negligence. It is further specifically and expressly understood 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. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
7. 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, their agents, representatives, employees or
subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required
herein 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.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile liability insurance shall cover 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.
2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products-completed operations aggregate
limit. 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. 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.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
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 with respect to 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
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CA Revised May 2020 Page 3 of 4
E. 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. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors’ coverage.
F. Subcontractors. 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 Contractor shall ensure that the Public
Entity 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.
H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City’s intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor and supersedes all prior
negotiations, representations, or agreements written or oral. No amendment or modification of this
Agreement shall be of any force or effect unless it is in writing and signed by the parties.
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CA Revised May 2020 Page 4 of 4
14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions
hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which
by their sense and context are reasonably intended to survive the completion, expiration or cancellation
of this Agreement, shall survive termination of this Agreement.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney’s fees and costs of suit.
DATED this day of , 20 .
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
By:
Printed Name and Title:
Address:
City Clerk, Christy O’Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
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7/22/2022
City of Tukwila
Attn: Henry Ancira
6200 Southcenter Blvd
Tukwila, WA 98188
(206)571-6294
Date
Licensed - Bonded - Insured
Office: 206-877-3087
SIDING - WINDOWS - PAINTING
Admin4@PacificExteriorsLLC.com - www.PacificExteriorsLLC.com
14724 Bothell Way NE Lake Forest Park WA 98155
Washington License #PACIFEL917NK
Thank You for allowing Pacific Exteriors LLC to serve you.
You can feel comfortable and confident that we will install your selected products using only the finest
grade of materials and installation methods available. The majority of contractors today are focused
only on the bottom line: Cheap Materials, Cheap Labor, Cheap Installation = Cheap finished project.
This is the reason that there are so many Construction Defect Claims today. We are committed first to
"Quality", and then to a "Fair Price". Quality is a commitment to a long term solution, Cheap prices
are what created most of the problems today and generally a cheap price is only going to give you a
short term fix.
"Our systematic installation methods and field quality control, guarantee you the finest job
possible."
Thank You again, for your business.
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Line #Part #Description Price Qty Extend
1 Area of Work -Partial re-side (see photos for areas to be
re-sided) with cedar tongue & groov e + cedar
board & batten
-Paint for newly installed siding and trim only
***Pacific Exteriors LLC agrees to satisfy
prev ailing wage clause and handle all
associated paperwork.
AREA OF
WORK
1 $0.00
2 Cedar Tongue
& Groov e
Siding
***Pricing is for readily available tight knot
cedar tongue & groov e with a 3.25" rev eal,
current siding is a 3" rev eal. If custom milling
for an exact match is preferred, Pacific
Exteriors LLC project manager to discuss
further with client and quote additional cost.
-Tear off and dispose of one layer of old sidng.
-Install PRE-PRIMED 3/4 x 4 Tight Knot cedar
tongue & groov e siding w/ 3.25" rev eal to the
exterior of the building.
-Any electrical and light fixtures taken down
during installation will be reinstalled.
-Any cables or wires taken down during
installation will be reinstalled.
-Install a 1x2 finish trim to all horizontal soffit
areas if needed.
-Clean up and haul away all debris.
-Run a magnet ov er the yard to pick up nails.
$91,857.50 1 $91,857.50
3 Cedar Board
& Batten
***Match existing
-Tear off and dispose of one layer of old siding
in areas being sided.
-Install PRE-PRIMED 1/2" roughsawn plywood
panel with 1x2 primed wood battens spaced
ev ery 5.5" to the exterior of the building.
INCLUDED 1 $0.00
Initialed by: Pacific Exteriors LLC ______ Property Owner ______
Washington License #PACIFEL917NK
Quote Number:
Sales Agreement
Questions? Please call:
Quote Expires on:8/21/2022
1248
7/22/2022
We, the undersigned owners of the premises at the above address (hereafter referred to as "customer(s)", employ Pacific Exteriors
LLC. (hereafter referred to as the "Company") to furnish all necessary labor and/or materials to perform the following improvements
subject to the terms and conditions below:
City of Tukwila
Attn: Henry Ancira
6200 Southcenter Blvd
Tukwila, WA 98188
(206)571-6294
Date:
8
Line #Part #Description Price Qty Extend
-Install metal Z flashing between horizontal
seams.
-Any electrical and light fixtures taken down
during installation of siding will be reinstalled.
-Any cables or wires taken down during
installation will be reinstalled.
-Install a finish trim to all horizontal soffit areas
if needed.
-Clean up and haul away all debris.
-Run a magnet ov er the yard to pick up nails.
4 Exterior Paint ***Match existing color scheme
-Spot prime any bare wood and or stained
areas with an oil based, stain blocker primer.
-Tape and mask off all windows and doors as
needed.
-W hile painting use drop clothes to catch any
ov er spray.
-Paint siding with two (2) COATS of Sherwin
Williams SUPER PAINT with a LIFE TIME
manufacturers warranty. Apply paint to siding
using high pressure spraying.
-Super Paint is mildew resistant.
-Paint to all outside corner boards and trim the
trim color, front face is painted the trim color,
sides go the body color.
-Paint all Soffits same color as siding base
color, Paint all Fascia and Trim Boards using
different color.
-If any other doors need to be painted there
will be a $185 charge to paint each door. $300
for double doors. Exterior of the door will only
be painted.
-Body color will hav e a Flat finish, Trim color
will hav e a Satin finish, and the front door will
hav e a Semi Gloss or Gloss finish.
$11,230.00 1 $11,230.00
5 DRAIN
SHIELD MAX
-Install DRAIN SHIELD MAX weather barrier
-Apply a self adhered flashing tape around all
windows.
INCLUDED 1 $0.00
6 Primed Wood
Trim Package
***Match existing trim layout
-Install 5/4x4 pre primed white wood window
trim to ALL windows.
-Install 5/4x4 and 5/4x3 pre primed white wood
as corner boards
-All window trim and corner boards are to be
INLAYED
INCLUDED 1 $0.00
7 Caulking -Caulk joints where siding meets the window
trim as needed.
-Caulk joints where siding meets the corner
INCLUDED 1 $0.00
Initialed by: Pacific Exteriors LLC ______ Property Owner ______
Page 3
9
Line #Part #Description Price Qty Extend
boards as needed.
-Use high quality QUAD MAX Caulking.
8 Critical
Flashing
-Install kick out flashing on gutter sidewall
applications as needed.
-Install flashing abov e all window trim and
belly bands.
INCLUDED 1 $0.00
9 Job Site
Serv ices
-Dumpster or Debris Remov al Serv ice
prov ided if needed.
-Honey Bucket prov ided if needed.
-Material Delivery & Pick Up provided if
needed.
INCLUDED 1 $0.00
10 Rotten
Sheathing &
Insulation
***Unlimited FREE rotten SHEATHING
repair***
-Remove rotten sheathing as needed in areas
being sided.
-Install new OSB Sheathing or plywood to
match where old sheathing was.
***Unlimited FREE rotten INSULATION
repair***
-Remove and replace insulation in areas
where wall sheathing is remov ed and
insulation is water damaged.
-Install new fiberglass insulation where old
insulation was.
***Should any additional structural repairs be
needed, Pacific Exteriors LLC project manager
to prov ide estimate once the extent of damage
is known (after project is under way). Estimate
to be based on time and materials ($97/hr +
materials). Client will have an opportunity to
sign a change order at that point (if needed).
FREE 1 $0.00
$103,087.50
$10,411.84
$113,499.34
Sub-Total
Tax
To tal
It is agreed and understood by and between the parties that this agreement constitutes the entire understanding
between the parties , and there are no verbal understandings changing or modifying any of the terms. This agreement
may not be changed or its terms modified or varied in any way unless such changes are in writing and signed by both
Buyer(s) and Contractor. Buyer(s) hereby acknowledges that Buyer(s) have read the entire agreement including the
terms and and conditions.
I accept the terms and conditions of this quotation.
Signed:_________________________________________
Name:_____________________ Date: _______________
Signed:_________________________________________
Name:_____________________ Date: _______________
Terms: 35% Down Upon Acceptance _____________
35% Due Upon Substantial Delivery of Materials __________
25% Due Upon Substantial Completion of Siding _________
5% Due Upon Substantial Completion of Painting (If included) ________
Submitted by representative:____________________________Approved by Manager________________________
This contract shall not be binding on Pacific Exteriors LLC until approved by an officer of Pacific Exteriors LLC.
Notice to Customer: You are required by RCW 19.186.020(7) to disclose whether you intend to obtain a loan in order to pay for all or part
of the amount due under the contract.
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE CONTAINED ON TWO PAGES OF THIS FORM.
Buyer acknowledges receipt of copy of this contract.
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TERMS AND CONDITIONS:
1)Checks. All checks shall be made payable to Pacific Exteriors LLC.
2)Delay/Unknown Conditions: Contractor's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to,
strikes, fires, floods, acts of God, material shortages, Buyer's inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise
approving inspections, permitting, or other required authorizations do not constitute abandonment and are not included in calculating time frames for performance by
Contractor. Contractor and Buyer(s) have determined that a definite completion date is not of the essence to this Agreement.
3)Late Cancellation/Late Payment/Default: If Buyer(s) attempts to cancel or repudiate this Agreement after midnight of the third business day after the date of this
Agreement, and Contractor accepts such cancellation, which shall be in Contractor's sole discretion based on economic factors including, but not limited to, the status of
Buyer's ordered product, all work under this Agreement will be stopped as promptly as is reasonably possible and Buyer(s) agrees to pay Contractor for any special order
material purchased, construction labor expended, and a cancellation fee equal to 15% of this Agreement's purchase price to offset Contractor's incurred administrative labor,
and miscellaneous administrative costs. Buyer(s) agrees to pay a late fee of 1.5% per month on all amounts due and owing from Buyer(s) to Contractor accruing from the date
due and running to the date the payment is made. If Buyer(s) is in default of this Agreement, Buyer(s) agrees to pay Contractor's attorney's fees or as otherwise allowed by
applicable law. Buyer(s) also agrees to pay any other costs or expenses of repossession or collection as allowed by applicable law.
4)Contractor's Right to Cancel: In the event that Contractor determines that this Agreement cannot be performed as intended by the parties due, for example, to incorrect
pricing, unforeseen structural defects, or pre-existing conditions to Buyer's property, Contractor may cancel this Agreement within thirty (30) days of its execution, notify
Buyer(s) of such cancellation in writing, and return all monies paid by Buyer(s).
5)No Set-Offs or Retentions: Upon substantial completion of Contractor's work under this Agreement, Buyer(s) shall pay to the contractor, all amounts due under this
Agreement without any right of set-off or retention. Substantial completion is defined as the job being materially completed, functional as intended. If after paying all amounts
due under this Agreement, Buyer(s) alleges that Contractor's work is defective in any respect, Contractor, without waiving any of its rights, shall cause an inspection of the
work and perform any remedial work to the extent the Buyer(s) is entitled to under this Agreement or Contractor's warranty at no cost to Buyer(s).
6)Buyer's Representations: Buyer(s) represents and warrants that (a) Buyer(s) owns the premises where the products and/or services are being provided by Contractor; (b)
Buyer(s) will provide Contractor with reasonable access to the premises, including access to electrical outlets as may be required by Contractor; (c) Buyer(s) shall be responsible
for the preparation, moving, and reinstalling of all wiring, water lines, power lines, plumbing, and the moving of any shrubs, plants, or other items as required by Contractor
under this Agreement; and (d) Buyer(s) acknowledge(s) that any excess material not used by Contractor shall remain the property of Contractor and will not be considered part
of this Agreement.
7)Contractor's Responsibility: Contractor accepts no responsibility for any damage resulting from structural or other defects in the property at which work is performed under
this Agreement. Contractor is not responsible for remedying structural defects in Buyer's property. Buyer(s) acknowledges that Contractor's products do not correct or cure
structural problems. Contractor shall not be responsible for (a) any damages arising in whole or in part from strikes, fires, accidents, floods, governmental actions, or any other
causes beyond control of Contractor; (b) any incidental or consequential damages including, without limitation, lost profits or reduction in value of Buyer's property arising
from Contractor's delay in performing under this Agreement or due to Contractor's breach of this Agreement; and (c) unintentional damage to flooring, window treatments,
landscaping, driveways, sidewalks, gas lines, electrical wiring, plumbing, telephone installations, collateral or incidental damage to interior walls and personal property, it being
understood that Buyer(s) is responsible at Buyer's cost for all preparations, protection, and/or moving of such items prior to Contractor's commencement of work. Contractor
intends to use subcontractors on all or a portion of the work.
8)Product-Specific Terms: Depending on the product(s) and/or services purchased by Buyer(s), certain product-specific terms may apply. If applicable, these product-specific
terms will be contained on the accompanying specification sheet(s). Buyer(s) acknowledges that these product-specific terms are a part of these Additional Terms and
Conditions.
9)Condensation, Mold and Related Matters: Condensation, which can form on or within walls or other surfaces (such as between windowpanes), results from pre-existing
conditions in a home and internal or external temperatures. Condensation is not a product or workmanship defect. Reducing the humidity in a home will often remedy any
condensation problems. Buyer(s) agrees to indemnify and hold Contractor and its employees, agents, and subcontractors harmless from any claims as to the identification,
detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances inside or outside of the property at which work is
performed. Contractor does not provide mold testing or remediation services.
10)Miscellaneous: No waiver of any breach of this Agreement shall be construed as a waiver of any prior, concurrent, or subsequent breach hereof. The section headings
contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. In construing this Agreement,
the gender and number of words used may be changed to meet the context. Both Buyer(s) and Contractor agree that this entire Agreement constitutes the entire understanding
between them, and that there are no verbal understandings changing or modifying any of the terms and conditions of this Agreement. No alteration to or deviation from this
Agreement will be valid without the signed, written consent of both Buyer(s) and Contractor. This Agreement shall be governed by and construed in accordance with the laws
of the state in which it is performed, except as may be preempted by federal law. Any part of this Agreement contrary to the law of this state shall not invalidate other parts
of this Agreement. If a provision of this Agreement is held to be invalid or unenforceable, this Agreement shall continue in full force and effect and shall be construed as if the
invalid or unenforceable provision was omitted.
11)Assignment: Buyer(s) agrees that Contractor can assign any of Contractor's rights under this Agreement without Buyer's consent and that the person to whom Contractor
assigns this Agreement shall be entitled to all of Contractor's rights under this Agreement. Buyer(s) understands that Buyer's rights will not be affected by such assignment.
Neither this Agreement nor any rights or benefits hereunder are assignable by Buyer(s) without the prior written consent of Contractor. Any such prohibited assignment shall
be null and void.
12)Arbitration of Disputes: Contractor and Buyer(s) agree that any and all disputes, claims, or controversies (hereafter referred to as a "Claim") arising under or relating to this
Agreement and any related documents, loans, security instruments, accounts, or notes, including by way of example and not as a limitation: (i) the relationships resulting from
this Agreement and the transactions arising as a result thereof; (ii) the terms of this Agreement; or (iii) the validity of this Agreement or the validity or enforceability of this
arbitration provision may, at the election of either party, be subject to binding arbitration to be determined by one arbitrator, in accordance with and pursuant to the then
prevailing Consumer Arbitration Rules of the American Arbitration Association ("AAA), to be held and arbitrated in King County, Washington. Buyer(s) agrees that Buyer(s)
will not assert a Claim on behalf of, or as a member of, any group or class. The findings of the arbitrator shall be final and binding on all parties to this Agreement. Each party
shall be responsible for its own fees and costs, unless otherwise determined by the arbitrator. This agreement to arbitrate, and any award, finding, or verdict of or from the
arbitration, will be specifically enforceable under the prevailing law of any court having jurisdiction. The party asserting a Claim shall file a notice of the demand for
arbitration with the other party to this Agreement and with AAA. The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and
in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of
limitations. Any arbitration proceeding brought under this Agreement, and any award, finding, or verdict of or from such proceeding shall remain confidential between the
parties and shall not be made public.
Both Contractor and Buyer(s) are hereby potentially agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to
address any grievances or alleged grievances. The parties believe this may allow for a faster and more cost-effective method of addressing a Claim. By
entering into this Agreement and this arbitration provision, both parties may be potentially giving up their constitutional right to have any dispute decided
in a court of law before a jury, and instead are potentially accepting the use of arbitration.
13)Scope of work: Company and/or its subcontractors will furnish or arrange for all labor, supervision, material, tools and in the Sales Agreement. Company will not be
responsible for work which is not included in the description.
Initialed by: Property Owner ______
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14)Work Area: Customer will provide the Company with a work area that is safe, free from hazardous materials and clear of obstructions. Pacific Exteriors LLC will not
be responsible for damaged landscaping in the work area. Client agrees to stay clear of the work area. Client is fully and solely responsible for any injuries incurred on the
job site by anyone other than Pacific Exteriors LLC's employees, sub contractors, and suppliers.
15)Permits and Inspections: Unless otherwise agreed in writing, The CUSTOMER., at Customer's sole expense, will obtain all necessary permits for the work from
governmental authorities and procure all inspections and sign-offs required by law. Any cost incurred by the contractor due to assist in obtaining such permits,
inspections, delays caused by stop work orders, and sign-offs shall be added to the Total Cash Price.
16)Commencement of Work: Company will not be obligated to commence work at the job site (and if commenced, will not be obligated to continue) until Customer (a)
has paid the deposit required of this Sales Agreement (b) has signed this Sales Agreement and all related documents required by Company and (c) has satisfied its
obligations under Work Area section above.
17)Changed Conditions: If Customer becomes aware of any fault, defect or condition affecting the work area, which was not previously known by Company, customer
will promptly notify Company of the changed condition. If Company should encounter concealed, unknown or latent conditions during the performance of the work
which differ materially from those ordinarily encountered, Customer will pay for additional labor, supervision, material supplies, tools and equipment used by Company
to complete the work under the changed conditions.
18)Workmanship and Warranty. Company will perform the installation in accordance with the Sales Agreement and the drawings and specifications prepared pursuant
thereto, using good workmanship and accepted standards of construction and installation. Pacific Exteriors LLC shall not be liable for leaks or water damage caused by
pressure washing. Pacific Exteriors LLC DOES NOT WARRANT CAULKING, customer must refer to the manufactures warranty only. Company warrants its work to
be free from defects in workmanship for a period of one (1) Year, from the date of completion. The customer will be responsible for completion of paperwork for all
manufacture(s) warranty upon completion of the work, whereupon Customer will have all rights and remedies against the manufacturer(s) as is provided by such
warranties. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY PACIFIC EXTERIORS LLC AND IS IN LIEU OF ALL OTHER
WARRANTIES RELATING TO THE WORK DESCRIBED IN THE SALES AGREEMENT WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY, OR THAT THE INSTALLATION AND/OR MATERIALS PROVIDED ARE FIT OR
SUITABLE FOR A PARTICULAR PURPOSE. No representative of Company is authorized to extend or expand this warranty in any manner.
19) Limitation on Liability. CUSTOMER AGREES THAT FOR ANY BREACH BY PACIFIC EXTERIORS LLC HEREUNDER, NO REMEDY AGAINST PACIFIC
EXTERIORS LLC OR ANY OF ITS AFFILIATED CORPORATIONS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSONS OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS)
SHALL BE AVAILABLE TO CUSTOMER. CUSTOMER AGREES THAT ITS SOLE REMEDY IN THE EVENT OF A BREACH OF PACIFIC EXTERIORS LLC'S
CONTRACT AND OR WARRANTY CLAIM WILL BE REPAIR OR REPLACEMENT AND ANY SUCH CLAIM BY CUSTOMER WILL ONLY BE AVAILABLE OR
FOR A PERIOD OF (1) ONE YEAR AFTER SUBSTANTIAL COMPLETION. LIABILITY SHALL BE LIMITED TO THE FACE AMOUNT OF CONTRACT.
CLIENT HEREBY EXPRESSLY WAIVES AND RELEASES AND SUCH CLAIM, CAUSE OF ACTION OR LAWSUIT THAT IS NOT FILED WITHIN SIX (6)
MONTHS FORM THE EXPIRATION OF THIS WARRANTY. Any warranty work performed by Pacific Exteriors LLC does not extend the warranty period.
20)Scaffolding: If scaffolding is used, scaffolding will be attached to the roof. Pacific Exteriors LLC will apply sealant to the areas where the scaffolding is attached.
Pacific Exteriors LLC will not replace any roofing. Any roofing replacement will be done at the Customers sole expense.
21) Signs and advertising. Client authorizes Pacific Exteriors LLC to place a job sign on the job site. In addition client authorizes Pacific Exteriors LLC to take
photographs and or videos of the job site and of its work. Client recognizes and agrees that photographs and videos taken by Pacific Exteriors LLC or it's agents if any
are the exclusive property of Pacific Exteriors LLC without charge and may be used at Pacific Exteriors LLC discretion for any reasonable purpose whatsoever.
22)Incidental damages. The customer understands the risks of damage to the driveway / yard during material and dumpster deliveries and accepts financial responsibility
for any damages.
23)For roofing and siding work, if Buyer(s) intends to obtain a loan to pay for all or part of the work, the following applies: CUSTOMER'S RIGHT TO CANCEL: IF
YOU HAVE INDICATED IN THIS AGREEMENT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN
THIS AGREEMENT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS AGREEMENT WITHIN THREE DAYS OF THE DATE
WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH-IN-LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE
WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED. BE SURE THAT ALL PROMISES MADE BY YOUR CONTRACTOR ARE PUT IN
WRITING BEFORE YOU SIGN THIS AGREEMENT. NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no PACIFEL917NK, and has posted with the state
a bond or deposit of $12,000 fo r the purpose of satisfying claims against the contractor fo r breach of contract including
negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration
is 3/27/2023
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE
FROM THE WORK DONE UNDER YOUR CONTRACT.
This bond or deposit is not fo r yo ur exclusive use because it covers all work performed by this contractor. The bond or
deposit is int ended to pay valid claims up to $12,000 that yo u and other customers, suppliers, subcontractors, or taxing
authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.
You may wit hhold a contractually defined percentage of yo ur construction contract as retainage fo r a stated period of time
to provide protection to yo u and help insure that yo ur project will be completed as required by yo ur contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of mat erials used in yo ur construction project or an employee or subcontractor of yo ur contractor or
subcontractors is not paid, yo ur property may be liened to fo rce payment and yo u could pay twice fo r the same work.
FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH
ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR
PROJECT.
The contractor is required to provide yo u with further info rmation about lien release documents if yo u request it . General
info rmation is also available from the state Department of Labor and Industries.
I have received a copy of this disclosure statement. Signed by: Property Owner ___________________________________ Date _________
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