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HomeMy WebLinkAbout22-129 - Pacific Exteriors, LLC - City Hall Siding RepairsCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 22-129 Council Approval 10/3/22 This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional Imunicipal 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 pursuantto 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 Si58,806.86. 3. Contractor Budad. 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 October 3, 2022, and ending December, 31, 2023, lunless sooner terminated under the provisions hereinafter specified. 5. . 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. CA Revised May 2020 Page 1 44, 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 Inegligence of the Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractors 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 Contractors waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been Imutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. tnsurance. 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 S2,000,000 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 Contractors 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 Contractors 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. CA Revised May 2020 Page 2 44 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 subcontractorscoverage. 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 lunless 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 or the Contractor by giving to the Contractor or city thirty (30) days written notice of the Contractor's or 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,Inational 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 effectlunless it is in writing and signed by the parties. CA Revised May 2020 Page 3 44 14. . If any term, condition or provision of this Agreement is declared void or lunenforceable 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. Notice. 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. .19 A -.At a . 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 attomey's fees and costs of suit. DATED this 6th day of October 20 22 CITY OF TUKWILA CONTRACTOR HP enIgned ma SeamlessDoos.00m a(ia,rt 63,66e/.g Key: Cdaa,cla-tiOntiggoPCM450-anclfroc2,38 Allan Ekberg, Mayor 10-06-2022 ATTEST/AUTHENTICATED: eS gnan v a Seam neer,. com eh t tgOQ1aher City Clerk, Christy O'Flaherty APPROVED AS TO FORM: eManeci ma SeamleeeDocenom oe. sawee Key: 7,11,0,3C105-11,,,,a9-Cle.2570f26,17r Office of the City Attorney By: ',1-,(Aed 7Vithtel-e.,,a4a Panted Name add Title: David Homavand President Address: 14724 Bothell Way NE Lake Forest Park WA 98155 CA Revised May 2020 Page 4 of 4, 111111111111111111111111111111111 EXTERTORS LLC Siding & Painting Specialists --- Licensed - Bonded - Insured Office: 206-877-3087 City of Tukwila Attn: Henry Ancira 6200 Southcenter Blvd TukwiIa, WA 98188 (206)571-6294 Washington License #PACIFEL917NK Date 7/22/2022 James Hardie' SIDING PRODUCTS Thank You for allowing Pacific Exteriors LLC to serve you. You can fed 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 fine: 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 generaIlly 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 possilble." Thank You again, for your business. 111111.111n PI° •••••••••••• • •••••••••„:„•,••,••,••,....„„,„„..„„„„„,,..„,..„,..„,..„,..„,..„„ ///ealvmmoo1111111101111.),Nvoupq" IF"0",t;1; JsamesliercEe dar ERBAannil: M11,11111 I.111111i111/111'111111'111111 MEMBE SIDING - WINDOWS - PAINTING Admin4©PacificExteriorsLLC.com www.PacificExteriorsLLC.com 14724 Bothell Way NE Lake Forest Park WA 98155 PACIFIC EXTEI )RS LLC Siding & Painting Specialists City of Tukwila Attn: Henry Ancira 6200 Southcenter Blvd Tukwiia, WA 98188 (206)571-6294 Quote Number: 1248 Washington License #PACIFEL917NK III titilSiltieSS, 7, 7. covamur, ou,„Laxam. Sales Agreement MEMBER Questions? Please call: Date: 7/22/2022 Quote Expires on: 10/26/2022 We, the undersigned owners of the premises at the above address (hereafter referred to as "customer(s)", employ IPacific Exteriors LLC, (hereafter referred to as the "Company") to furnish all necessary labor and/or materialls to perform the folIllowing improvements subject to the terms and conditions below: Line # 2 Part # Area of Work Cedar Tongue & Groove Sidng Description Price Qty -Partial re -side (see photos for areas to be AREA OF 1 re -sided) with cedar tongue & groove 4- cedar WORK board & batten -Paint for newly installed siding and trim only -Replace metal coping along top edge of entire, course of lower sections with Tongue & Groove (as option) ***Pacific Exteriors LLC agrees to satisfy prevailing wage clause and handle all associated paperwork. ***Pacific Exteriors LLC intends to preserve existing gutters so they can be re -used for an straight-line courses. All gutter runs that turn a corner will be too damaged during the removal process to be re -useable and will need to be replaced. The cost to replace these gutters can be discussed with a Pacific Exteriors Project Manager at the time of install. If the old gutters are reused Pacific Exteriors takes no responsibility for their function or appearance It is solely the mistake of Pacific Exteriors LLC"s estimator for having communicated incorrect pricing in the originaI bid. The total square footage of area to be re -sided was short by approximately 1,000 sqft due to omitting the correct multiplier when calculating the areas above the rooffine (only 1 of the 4 highest Southwest facing waft above roofline were included in original estimate) ***Pricing is for readily available tight knot $128,278.60 1 cedar tongue & groove with a 325" reveal, current siding is a 3"" reveal. If custom milling for an exact match is preferred, Pacific Extend $0.00 $128,278.60 Initialled by: 1Pacific lExteriors LLC Property Owner Line # 4 Part # Cedar Board & Batten Exterior Paint Description Exteriors LLC project manager to discuss further with client and quote additional cost. ***Portions of existing tongue & groove siding along top edge of walls being re -sided (just beneath rooffine) appear to be furred out. If this is the case and the furring strips require any additional re -work or replacement there will be an additional cost based on time and material. Time will be billed at $147/hr of labor and material will be billed as cost of goods purchased plus 30% markup. -Tear off and dispose of one layer of old siding. -Install PRE -PRIMED 3/4 x 4 Tight Knot cedar tongue & groove siding 3.25" reveal 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 over the yard to pick up nails, New siding will be similar but not an exact INCLUDED 1 Price Qty match. ***Regarding the large vents on Southwest facing wall above roofiine located near the main back doors of the building, depending on how the existing siding is integrated with the vent system, should deconstruction of the vent system be required to remove old Pacific Exteriors LLC project manager to communicate additional labor cost. -Tear off and dispose of one layer of old siding in areas being sided. -Install a roughly 1/2" roughsawn plywood panel with 1x3 tight knot wood battens spaced roughly every 5.5" to the exterior of the buiiding. -Dean up and haul away all debris. -Run a magnet over the yard to pick up nails. -Siding will be face nailed. Nails will be visible. Option to upgrade to true Ix board and batten (instead of plywood) will cost an additional $37,707. Current siding is true Ix board and batten. ***Color to be similar to existing color, but $15,960.15 1 will not be an exact match. Extend $0.00 $15,960.15 Page 3 Initialled by: IPacitic Exteriors LLC Property Owner Line # 5 6 7 8 Part # Options DRAIN SHIELD I Primed Wood Trim Package Caulking Description - Apply a Sherwin Wlliams paint or Solid Stain. - Tape and mask windows as needed. - Use drop clothes as necassary. If customer chooses to real board and batten, the board and batten will be pre- finnished. Some areas may be finished in the field. -Option to replace metal coping along top edge of entire lower course of tongue & groove to match current installation is an additional $6,368A0 + tax ***Options to avoid need for replacement of metal coping to be discussed further with Pacific Exteriors LLC project manager Price Qty OPTION 1 -Install DRAIN SHIELD MAX weather barrier INCLUDED 1 -Apply a self adhered flashing tape around all windows. New trim layout wil be similar to existing INCLUDED 1 -Caulk jolnts where skiing meets the window INCLUDED 1 trim as needed. -Caulk jolnts where siding meets the corner boards as needed. Use high quality QUAD MAX Caulking. Extend Page 4 Initialled by: IPacc Exteriors LLC Property Owner $0.00 $0.00 $0.00 $0.00 Line # Part # Description 9 Critical insiaui kick out flashing on gutter slidewafil Flashing applications as needed. -Install flashing above all window trlm and belly bands. 10 Job Site -Dumpster or Debris Removal Service Services provided if needed, -Honey Bucket provided if needed. Material Delivery & Pick Up provided if needed. 11 Rotten "***Unlimited FREE rotten SHEATHING Sheathing & repair*** Insulation -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 removed and insulation lis water damaged. Install new fiberglass insulation where old insulation was. ***Should any additional structural repairs be needed, Pacific Exteriors LLC project manager to provide estimate once the extent of damage is known (after project is under way). Estimate to be based on the and materials ($147/hr materials). Client will have an opportunity to sign a change order at that point (if needed). If structrual repairs are significant the City may need to bring in another contractor at the City's expense. Price INCLUDED INCLUDED FREE Qty 1 Extend 1 $0.00 1 $0.00 1 $0.001 Submitted by representative: Approved by Manager This contract shall not be binding on IPacific lateriors LLC until approved by an officer of IPacitic lExteriors LLC. Notice to Customer: You are required by RCW 19.186.020(7) to cliscllose 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. 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) Sub -Total $1 44238.75 Tax $14,568.11 Total $158,806.86 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. TERMS AND CONL)ITIONS: 1 (Checks. All checks shall be made payable to Pacific Extdiors LLC. 2)Delay/11 /nknown Condi dons: Cononoc000's failure to perform any term or condition of this Agotemeno as a otsulo of contlioions beyond its conorol such as, but now limited oo, soolkes, fires, floods, oods of Clod, iiaterial shoroages, Buyeo's to 1:_puoolify for:or ()Main financing, dela),5 lty local goveopmeno obolmoloies in issuing ow otherwise appnwing inspections, permioting, or other otquired obohotriZad011s (l0 11011 0011SIll ki t aballtifinineno ootid are not included in Calculaoing tiipe foprnes for per:foto:mance by Conoopd(w. Conoopcoow and Buyer(s) have determined that a definite compleoion date is not (W the essence to this Agreemeno. 3)L000e llancellaoioit/Late Pay 'pent/Default: If Buyer(s) aUempos oo cancel (w repudiate ohis Ago:eo11L/110 after midnight or the third business day idler the date or ohis Agotemeno, and Conoroboor accepts such cancellaoion, wIlich shall be in Conoopc000's sotle discottion based on econont ic factors including, but not limioed to, the staous of Buyer's ordered po:oduco, all work under this Agreemeno be so(j)ped as promptly as is otasonably possble and Buyer(s) agrees tot pay Conorador for any special order maid:la] purchased, consonacoion lobor expemled, and a cancellowion fee equal oo 1.5(/`c of this Agreemeno's purchase price to ofrsco Clonoracoor's Mot:wood adopinistraoive labor, ancl miscellaneous adrninisoraoive costs. Buyeolso agrees to pay a lah..! fee of 1.5(// per month (wt all amounts due and owing from Buyer(s)to Conorador ace:oiling from ohe d000e due and running to the Lute the payment is made. If Buyer(so is in default of this Agreemeno, Buyer(s) agrees to pay Conoopc000's a0000pey's fees or: as otheo:w ise allowed by applicoble 11151, BILlyerrS) also agrees to pay any other costs or expenses of tpossession or collodion as allowed by applicable law. 4)Conor11doo's Right k (lobed: In the eveno that Contracoor deoermines that this Agopemeno cannot be performed as intended by the parities due, fow example, to incorreco pricing, unforeseen strucoural defecos, r pre-exisoing conditions to Bu)oo's propeo:oy, Conoracoor may cancel this Agotemeno within thinly (lign days of ios 1X1CLI ti n notify Buyer(so of such canteen aoion in wrioing, am! ramp monies paid by Buyer(s). 5 )No Set -C/11 -s (w Ret ono ions: Upon su bst an ti al completion of (..‘lonoopcooes work under oh is Agreemeno, Buy er( sl shall pay to the con oracoor, 110111 LI no s due under oh is Agreement without any right of setoff or retenoion. Sibsoanoial completion is defined as the job lx:ing npaoerially complcoed, funcoional as intended. If Mier paying all arnounos due under this Agreerneno, Buyers s) alleges that Conoracoors work is defective in any respect, C/onoracoor, without waiving any of its rights, Shall CalLISC all lnspedion of the work and perform any remedial work to the extent o the Buyer(s) is entitled to under this Agoterneno IF Contracoos 55 11011101 ao 011 cost to Buyer(s). foBuyers Repoosentooi(ms: Buyer(s) represent os and warranos that o oo Buyer(s) orwns the poonpises where the products and/ow services are being provided by Conoopco(c (b) Buyerost will provide Conoracoor with otasonoble access to the premises, including access to elecorical (molds as may be requiood by (lonoraciab (c) Buyers sl shall be otspomsible for the preparation, rnoving, and reinstalling of all wiolng, Waller lines, power lines, pluabing, and the mowing of 1101) shahs, pIllolts, or other items as required by Conoopcoor under ohis Agreement t: and (do Buyer(so acknowledge(s) that any excess motieri al not used by Conoractor shall rernain ohe property of Como-at:kw and will noo be considered part of this Agotemeno. 7)Cono0'11do0's Responsibilioy: Conoracoor accepts 011 otsponsbilioy for any damage otsuloing tl:(trot strucoural or other &feels in the property Int which work is perfowmed under ohis Agotemeno. Comoracoor is ncot odspowtsible Mr remedying strucoural doleds in Buyeo's properoy. Buyer(s) acknowledges that Conoractors protducos do noto coo:loco or cure strudural problems. Conoracoor shall not be otsponsble Mr (a) any darn ages 1101S1 01]1 in whole (w in part fol 011 strike, fires, accidenos, flo(tds, governmenoal actions, Or any other causes heyotml cotnoopl of Contractor: (b) any inciddioal or conscquenoi al darn ages including, without linpioaolon, ]1st protios or reduction in value of Buyers property arising frown ('1 01t delay 101 performing under this Agotemeno on (Me oo Conoradoo's bora& of this Agreernent: and tc) unintentimal clarn age to flooring, window treaornenos, landscaping, driveways, sidewalks, gas lines, elecorical wiring, pl witting, telephone insoallowions, collo:Loco-al oo: incidenoal darn age to interior walls and persomal properly, it being understood that Buyer(s) is otsponsible ao Buyeo's cost for all preparations, prooecoion, and/or moving of such iooms prior to Conoopc000's comnpencemeno of work. Contractor intends to use subtmnoopcoors on 1111 or a portion of the work. SoProduct-Specific Terrns: Depending 101 the product(s) and/or services purchased by 1311)101 SI, Cella/11 prod uco-specific terrns may obply. If appliCabie, otiose prod uco-specific terms be co/11 ftri ned on oho accotawanying speci lid:toion sheet(s). Buyer(s) acknowledges that ohese produco-specific moms are a part of these Addioim al terrns and Co nd i oi on s. 9oC1t01densowio01, Nit 11! and Related Matters: Condensaoim, which can l'owm on (w within walls or other surfaces (suoth 115 heoween windowpanes), otsults from pot -existing conditions in 11 hoWne and in oernal or exoem Condensaoim is noml a product (w workipanship defeco. Reducing the humidioy in a NATIO will orlon remedy any condensaoion problerns. Buyeolso agyoes oo indemnify and hold llonorador and its errployees, and SIthellillIllladOrS harmless fo:orn any clairns 115 oo the idenoificaoion, deoecoim, obowerneno, encapsulaoion, or ornpowal of mold, asbestos, lead-based producos, (w other hazardous subsoalleCS 11151(ki 1 r out Side of the propeo:oy ao which work is performed. Cymoracoor dotes not provide 0111 Id testing Or otmediaoion 5101/ices. 0;tMiseel1oo1eou5: No waiver of any breach of this Agotemeno shall be comstrued 115 a waiver or any prior, concu OTCM, 1 r Slibsequem breach hereof. The section headings comained in this Agotemeno are inseroed for convenience (Ally and not af fed in any way the meaning ow inoerpreoaoion of this AgreelalellL 101 constming this Agreenpcno, the gender: and nunbco: of words 115e1! may be changed oo mod the conoexo. I31 oh 1311yer(s) and Conoracoow agree that this entire Agotemeno constioutes the dolt 101' understanding between them, and that ohcre are no verbal untlersoandings changing, on modifying any of the oerrns and condioions of this Agreemeno. No aloerpoion oo (w deviation trorn ohis Agreement Ix: valid without the signed, woloten consent of hoth Buyeols) and Conoracoon This Agreement o shall be governed by and construed in accordance 55 it the laws of the state in which io is performed, exeepo as may be preempoed by federal law. Any part of this Agotemeno comoryory to the law of this state shall noo invalidaoe other parts of this Agreemeno. If a poovision of this Agreement is held to be invalid ow unenforceoble, this Agotemeno shall conoinue in full More and elf ecii and shall be consorded 115 if the invalid or unenforceoble popvision was owniooed. 1 1 lAssignmeno: 1311) 101s agrees that Con oryboor can assign any oW Conoradoes righos under ohis Agreernent without Buyer's consent and that the person til whom Conotpdor assigns ohis Agreerneno shall be end oled tI (ACollor:actors rights under this Agreemeno. Buyer(s)undeo:soands that Bu) eo's olghos not be affecoal by such assignmeno. Neither this Agotemeno now any righos (w benefits hereunder are assignoble by Buyer(s) 5, it the priow wriooen conseno of Conoopdor. Any such prohibited assignmeno shall be null and void. 2)Arb1 oryooioti of Dispuocs: Conoracoow and Buyer's) agree that any and all disputes, clairns, or con000versies (hoot after:refer:opt] oo as a (7111011") arising under (w ot laoing oo this Agreemeno and any rel owed 111 111011101 loans, socurioy instrumenos, account os, (w notes, Mcluding by way of example and noo as a lirnioaoiom: (i) the relaoionships resulting fopm this Agreerneno and the to-ansoodi(ms arising as a resulo thereof: (ii) the terms of this Agreenpeno: (w (iiio the 51111111 t) or this Agotemeno or the validioy or: enforceobility of this arbiorpoion provision rotay, at the decoion or either:partly, be sulyloct oo binding arbioopoion to be deoermined by one arbiotploo, in accordance with and pursuano oo the then prevailing Consumer: Aoftioraoion Rules of oho Ameoleall Arbitration Association ("AAA), tI be held and arbitrated in King (louno), VVashingoon. Buyer(s) agrees that Bu)er( s) will not assent a Claim on behalf of, ow as a ipenbco: of, any grout) (w class. The findings of the owl-tilt:poor: shall be final and binding on all parties m this Agreerneno. Each party shall be respowtsible for ios (mot fees and cosos, unless other:wise determined 1)y the arbionwon This agotemeno to arbionwe, and 1101) award, finding, (w verdick of or fmon the arbiorpoion, be specifically enlowceable under the prevailing law or any court having jurisdidion. The paoly asserting 11 Clairn shall file 11 notice of the demand for arbiorpoion with the other party oo this Agreement and with AAA. The demand fon: arbioraoion shall be made wiohill 11 reasonoble ti 0111' alter ohc Claim 101 1duestio01 has arisen, and ]Cl no eveno shall any such domand be rotate ober: the d000e when instioution of legal (w equiooble proceedings based on such Claim would be barred by the applicoble so akII1C of linitionooims. Any arbioraoion proceeding brougho under:this Agotemeno, and any award, finding, or 510511 111 of or from such proceeding shall remain confidenoial between the pao:oies and shall now be made public. Both Contractor and Buyerts) 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 mud 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 itt a court of law before a jury, and instead are potentially accepting the use of arbitration. 1 3tScope of work: Company and/or its subconmictors will furnish or arrange for all labor, supervision, material, tools and in the Sales Agreement. (..lottotnpany will not be responsible for work which is not included in the c:lescription. Initialled by: Property Owner 14)Work Area: Customer will provide the fi"orripany with a work area that is safe, five from hazardous materials and clear of obstructions. Pacific Exteriors LLC will not be resimisible for damaged landscaping in the work area. Client agrees to stay clear of the work area. Client is hilly and solely responsible for any injuries incurrix1 on the job site by anyone other than Pacific Exteriors LLC's employees, sub contractors, and suppliers. 15)Pemlits 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 permit's, inspections, delays caused by stop work orders, and sign -offs shall be added to the Total Cash 'Price. 1()Commencernent Of Work: Company will not be obligated to commence work at the job site (and if con'imenced, will not be ,obligated to continue) until Customer (a) has paid the deposit mquired of this Sales Agmement rh) has signed this Sales Agreement and all related documents requilvd by Company and (e) has satisfied its obligations under Work Area section above. 17)Changed Clonditions: 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 changeil condition. If Company should encounter concealed, unknown ,or latent conditions ciu.ling 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 (:"onipany to complete the work under the changed conditions. 18iWorkmanship 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 clamage 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 climb defects in workmanship for a period of one (1) Year, from the clate of completion. The customer will be responsible for completion of paperwork for all manufacture(0 wananty upon completion of the work, whereupon Customer will have all lights 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 OMER WARRANTIES RELATING TO 'ME WORK DESCRIBED IN THE SALES AGREEMENT 'WHETHER WRITTEN OR ORAL, EXPRESS OR 'IMPLIED, INCLUDING WIITIOUT LIMITATION 'WARRANTIES AS TO MERCHANTABILITY', OR THAT THE INSTALLATION AND/OR MATERIALS PROVIDED ARE FIT OR SUITABLE FOR A PARTICULAR PURPOSE. No reffesentative ,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, N() REMEDY AGAINST PACHIC EXTERIORS LLC OR ANY OF ITS AFFILIATED CORPORATIONS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NM LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSONS OR PROPERTY OR ANY OMER INCIDENTAL OR C'.ONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO CUSTOMER. CUSTOMER AGREES THAT ITS SOLE REMEDY IN THE EVENT OF A 'BREACH OF PACIFIC EXTERIORS LEC'S CONTRACT A.ND OR WARRANTY CLAIM 'WILL 'BE REPAIR OR REPLACEMENT ANL) ANY SUCH CLAIM BY CUSTOMER 'WILL ONLY BE AVAILABLE OR FOR A PERIOD ()F (1) ONE YEAR AFTER SUBSTANTIAL COMPLETION. LIABILITY SHALL BE LIMITED TO THE FACE AMOUNT OF (:ONTRACI. CLIENT HEREBY EXPRESSLY WAIVES AND RELEASES AND SUCH (.1,AIM, (.7..AUSE OF ACTION OR LAwsurr THAT IS NOT FILED •WIFIIIN SIX (h) MONTHS FORM THE EXPIRATION OF THIS WARRANTY. Any warranty work performed by Pacific Exteriors LLC does not extend the warranty period. 20)Scaffblding: 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. (llient 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 its agents if any are the exclusive property of Pacific Exteriors LLC without charge and may be used at Pacific Exteriors LLC discntion for any reasonable purpose whatsoever. 22)Incidental clarnages. The customer understands the asks of damage to the drisew ay / yard during mates and dumpster cleliVelies and accepts financial responsibility 14 any damages. 2. for roofing and siding work, if .Buyer(s) intends to obtain a loan to pay for al] or partof the work, the following applies: CUSTOMER'S RIGHI"170 CANCEL: IF YOU LUNE INDICATED IN Tills AGREEMENT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK ,SPECIFIED IN THIS AGREEMENT, 'YOU HAVE THE min TO CHANGE YOUR MIND AND CANCEL THIS AGREEMENT WETHIN 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 Y0U 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 S12,000 for the purpose of satisfying claims against the contractor for 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 for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $12,000 that you and other customers„ suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for 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 you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. Date I have received a copy of this disclosure statement. Signed by: Property Owner