1300 BRUSKRUD RD 2024 WSP VEHICLE SCALE Plans 2024-06-18

I DocuSign Envelope ID:40AAE11 D-2220-44D7-963E-009251 C214A5 process. 17. Material Cost Escalation. Steel products, asphalt,polyisocyanurate and other roofing products are sometimes subject to unusual price volatility due to conditions that are beyond the control or anticipation of Jimmy's. If there is a substantial increase in these or other roofing products between the date of this proposal and the time when the work is to be performed,the amount of the contract may be increased to reflect the additional cost to the roofing Jimmy's,upon submittal of written documentation and advance notice. 18. Backcharges. No backcharges or claims for payment of services rendered or materials and equipment furnished by Customer to Jimmy's shall be valid unless previously authorized in writing by Jimmy's and unless written notice is given to Jimmy's within five(5)days of the event,act or omission which is the basis of the backcharge. 19. Roof Top Safety. Owner warrants there will be no live power lines on or near the roof servicing the building where Jimmy's will be working and that Owner will turn off any such power supplies to avoid an electrocution risk to Jimmy's employees. Jimmy's price is based upon there not being electrical conduit or other materials embedded within the roof assembly or attached directly to the underside or topside of the roof deck upon which Jimmy's will be installing the new roof. Owner will indemnify Jimmy's from personal injury and other claims and expenses if Owner fails to turn-off power so as to avoid injury to Jimmy's personnel or resulting from the presence of concealed electrical conduit and live electrical power. Jimmy's is not responsible for costs of repair or damages,including disruption of service,resulting from damage to undisclosed or concealed electrical or other utility lines.Owner shall shut down roof located electronic equipment that emits or receives radio frequency waves while roofing contractor is to be working on the roof so that roofing personnel will not be subject to radio frequency waves or electromagnetic radiation while working on the roof and shall indemnify and hold Jimmy's and its personnel harmless from any personal injury claims resulting from a failure by Owner to do so.Jimmy's is not responsible for the safety of persons on the roof other than its own employees. Owner and general contractor agree to indemnify and hold Jimmy's harmless,including attorney's fees,from claims for personal injury by persons or entities whom owner or general contractor have allowed or authorized to be on the roof. 20. Availability of Site. Jimmy's shall be provided with direct access to the work site for the passage of trucks and materials and direct access to the roof. Jimmy's shall not be required to begin work until underlying areas are ready and acceptable to receive Jimmy's work and sufficient areas of roof deck are clear and available and free from snow,water or debris to allow for continuous full operation. The expense of any extra trips by Jimmy's to and from the job as a result of the job not being ready for the Work after Jimmy's has been notified to proceed will be charged as an extra. 21. Warranty. Jimmy's work will be warranted by Jimmy's in accordance with its standard warranty,which is made a part of this proposal and contract and incorporated by reference. A facsimile of Jimmy's standard warranty is attached or,if not,will be furnished upon request. Jimmy's SHALL NOT BE LIABLE FOR SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES. The acceptance of this proposal by the Customer signifies his agreement that this warranty shall be and is the exclusive remedy against Jimmy's. A manufacturer's warranty shall be furnished to Customer if a manufacturer's warranty is called for on the face of this proposal. It is expressly agreed that in the event of alleged defects in the materials furnished pursuant to this contract,Customer shall have recourse only against the manufacturer of such material. 22. Existing Conditions. Jimmy's is not responsible for leakage through the existing roof or other portions of the building that have not yet been reroofed by Jimmy's.If there is an existing satellite dish or antenna mounted on the roof,Jimmy's will remount it onto the new roof,but it is the Owner's responsibility to have the satellite dish or antenna realigned. 23. Mold. Jimmy's and Owner are committed to acting promptly so that roof leaks are not a source of potential interior mold growth. Owner will make periodic inspections for signs of water intrusion and act promptly including prompt notice to Jimmy's if Owner believes there are roof leaks, to correct the condition. Upon receiving notice,Jimmy's will make roof repairs. The Owner is responsible for monitoring any leak areas and for indoor air quality. Jimmy's is not responsible for indoor air quality. Owner shall hold harmless and indemnify Jimmy's from claims due to indoor air quality and resulting from a failure by Owner to maintain the building in a manner to avoid growth of mold. Customer agrees to indemnify and hold harmless Jimmy's from claims brought by tenants and third parties arising from mold growth. 24. Oil-canning. Metal roofing and especially lengthy flat-span sheet-metal panels often will exhibit waviness,commonly referred to as"oil- canning." The extent of oil-canning and the appearance of the panels will vary depending on factors such as panel length and color,alloy,gauge, galvanizing process,substrate condition,and exposure to sunlight. Oil-canning pertains to aesthetics and not the performance of the panels and is not controlled by Jimmy's. Jimmy's is not responsible for oil-canning or aesthetics.Oil-canning shall not be grounds to withhold payment or reject panels of the type specified. 25. Dispute Resolution. If a dispute shall arise between Jimmy's and Customer with respect to any matters or questions arising out of or relating to this Agreement or the breach thereof,Jimmy's and Customer will seek to mediate the dispute.If mediation is not successful,arbitration shall be administered by and conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association unless the parties mutually agree otherwise.This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final,and judgment may be entered upon it in any Court having jurisdiction thereof. Any legal claim against Jimmy's alleging any breach of this contract or negligence by Jimmy's must be initiated no later than two(2)years after Jimmy's performed the roofing installation covered by this contract.Collection matters may be processed through litigation or arbitration at the discretion of Jimmy's. Seattle Branch- 12809 NE 126th Place Suite B461 , Kirkland ,WA 98034 www.jimmysroofing.com p: 800-885-4669 License No: WA:JIMMYR*933LM