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DNS-BLD2023-0415+Letter+2.8.2023_11.16.18_AM+335848113 NERGY m E EXTERIORSNW WINDOWS*DOORS 9 SIDING Energy Exteriors Nw, ILILC 17905 Bothell Everett HWY, Unit 103 - Bothell, WA 98012 - Phone: 425-482-3054 West Wind HOA Phone: 415-246-4151 Job Address: 325 Walnut St Edmonds, WA 98020 Proposal for Steve Fugate - West Wind HOA - Trinsic Windows YOUR HOME OUR BUSINESS! *ASK ABOUT OUR FINANCING OPTIONS OR VISIT OUR FINANCING PAGE TO LEARN MOREW RECEIVED Apr 11 2023 CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT BLD2023-0415 Print Date: 1-31-2023 Contractor agrees to supply the labor and materials noted below, and only the following work. No other labor or materials is included in the Total Price listed below: Your "5-STAR" Window Install details: Window Details for All Projects — -Includes removal, replacement and disposal of existing windows in identified locations. -Install of Windows per "AAMA" Installation Best Practices -Installation of Windows per EENW preferred method of "Nail Fin Install" unless pocket install is required -Includes complete interior/exterior caulking of window frame to substrate/trim -Includes header flashing and pro -flashing tape of all sides to weatherproof your winclow(s) -EENW will clean windows "'I " time after installation to check for flaws and to remove manufacturers stickers -EENW will provide a final walk through of installed windows/doors with homeowner. -Quality and operation functionality check. -Owner will have 7 days to report any/all punch list items to EENW for correction. - Millgard Trinsic V300 Series Windows - - Installation of "77" Windows - White Exterior/ White Interior - See attached Window Detail Doc - Installation of James Hardie C+ 5/44 Trims around openings and full length of sides - Installation of "8" Sliding Doors - White Exterior / White Interior - Measure / Furnish / Install of all 57 items with a "Nail Fin" Install and 28 items with a "Pocket" Install - Proposal includes Lift Rental fees - Blinds removal/install will be $25.00 per blind per Unit Owner - Proposal includes EENW to take care of permitting. City permit fees will be added to the final invoice - Work will start May I st, 2023 CONTRACT & TERMS AGREEMENT Workmanship Warranty Information: 10 Years Product Warranty Information: Per Manufacturer The terms and conditions listed in this proposal and in the provided attachments are understood and agreed to by the purchaser and are included as a part of this contract. Energy Exteriors NW, LLC does not do any painting or staining. All touch up painting & staining will be the responsibility of the purchaser. The agreed proposal represents the complete description of all work to be performed by Energy Exteriors NW, LLC for this contract. There are no verbal representatives or other agreements which modify or affect this contract. Any changes must be in writing. Critical measurement appointment may result in a change order. All items installed by EENW are done per manufacturers install or best practice instructions. Deposit on Contract - 50% Remainder Due Upon Completion of Project 4) 4) 4) Windows Category Total: $97,289.84 Opening Trims - Applicable Windows/Doors Category Total: $8,589.10 Door(s) Category Total: $20,038.58 Tax - City Tax Category Total: $13,431.34 Admin Items Boom Lift Rental Admin House Fee PUD Rebate Discount Category Total: -$10,000.00 Permit Fee Category Total: $1,500.00 Total Price: $130,848.86 www.EnergyExteriorsNW.com Thank You, for the opportunity to work with you on your project! We are excited to earn your business and help your vision become reality. The parties here to covenant and agree to: 1 . EENW (Energy Exteriors NW, LLQ shall not be responsible for delays caused by weather, subcontractors, manufacturers, acts of God or other circumstances beyond EENW control. Separate agreements made with our workmen are also not recognized or a responsibility of EENW. 2. Local government permits if required, the customer can obtain and pay or authorize EENW to do so for a permit fee of $1500.00. 3. Pricing does not include responsibility for below surface rot or insect damage - If such damage is discovered during installation and must be repaired to finish the work, as ordered, the customer agrees to assume reasonable additional costs or make separate arrangements for dry rot repair at their options. No additional work will be performed by EENW without being executed in writing. 4. Should electrical work be discovered and need to be moved/addressed, buyer agrees to hire a licensed electrician at additional expense. 5. All caulking is guaranteed for 1 year from shrinkage after EENW initial application per manufacture warranty and should be painted on the exterior once cured to ensure best results. 6. The removal of curtains, drapes & blinds is the responsibility of the buyer. If EENW needs to assist in the removal, we will not assume any responsibility from sun -damaged breakage or cracking when removed or reinstalled. 7. Pricing does not include nor supplied by EENW, any painting or staining of finished wood trim or sheetrock repairs. 8. Should the progress of the installation be delayed by manufacture defects, electrical needing to be moved or rot/insect damage is found, EENW will schedule as soon as work schedule allows with our other customers to be able to return and complete your project. 9. Warranty for manufactured products will be released once the entire contract price has been paid in full. 10. If any dispute arises between the parties within 2 years of installation, the parties will make a good faith effort to first resolve the dispute without resort to litigation. As a condition precedent to filing any lawsuit against EENW or asserting any counterclaim against EENW, the customer must have first presented such claim in writing to the contractor and provided the contractor a reasonable opportunity to correct or complete the work which the customer claims to be defective in his lawsuit or counterclaim. If a dispute cannot be resolved between the parties, either party may file suit in an appropriate court of jurisdiction. If suit is filed in a Superior Court, the dispute shall be decided according to the mandatory arbitration rules {MAR) of the county in which the suit is filed, regardless of the amount in dispute, and each party expressly waives the dollar limits currently in effect according to the mandatory arbitration rules of the county in which suit is filed. 11. Should the need for an arbitrator be needed to settle any disputes, the arbitrator shall have authority to determine the amount, validity and enforceability of a lien. 12. The parties each waive their right to file any appeal for trial cle novo in Superior Court and should agree to accept the arbitrator' s award as final and binding. 13. In the event a dispute arises and either party seeks and receives legal counsel for which a fee is charged, the prevailing party shall in all cases be awarded his or her reasonable attorney's fees regardless of whether the dispute is resolved through settlement or arbitration. 14. For work of more than $1,000 and less than $60,000- RCW 18.27.114 states the law as follows: Disclosure statement required - prerequisite to lien claim - must be signed prior to starting work on the project. 15. Prior to making a final payment to EENW, the customer may inspect the work to determine that the work has been completed according to the contract. The customer may prepare a written list of work that the customer believes should be completed or corrected according to the contract. This written list is called a punch list and should be presented within one week of final installation day. A punch list is usually prepared at the time that final payment is applied for by EENW. 16. There shall be only one punch list of work, identifying work to be completed or corrected, and the list should be signed by the customer. 17. EENW shall expeditiously complete all work stated on the punch list for which EENW is responsible under the terms of the contract. 18. The customer cannot contract with any alternative contractor for the performance or completion of work, nor claim a credit back charge for the cost of completing any item stated on the written punch list, nor occupy or use EENW's work until and unless EENW shall have first been given reasonable notice and opportunity to correct the work stated on the punch list. 19. If the customer does contract with an alternative contractor to perform any work on the punch list or otherwise complete or correct any work by EENW without first giving a signed punch list and affording EE W an opportunity to complete or correct any work on the punch list, or if the customer commences to use or occupy the space or work in which EENW performed work, the customer then agrees to accept all work "as is" and waive any claim against EENW. 20. Upon EENW completion or correction of the work identified on the single written punch list, any amount withheld from the final payment shall be paid within the next three days to EENW. All further work shall be performed as warranty work. 21. EENW is not responsible for consequential damages caused by defective or incomplete or untimely work regardless of whether the customer's claim is based on tort or contract. 22. EENW warrants that all work will be performed in accordance with the plans and specification furnished by the customer to EENW, or pursuant to the oral or written directions of the customer. EENW warrants that it will perform all necessary labor to repair or replace all work which does not conform to the contract at no cost to the customer. 23. PRODUCT WARRANTY - The products supplied by suppliers, manufacturers and subcontractors to the project are warranted only to the extent that the suppliers or manufacturers of those products. 24. The WORKMANSHIP WARRANTY will be for a period of 3 years from the date of the final invoices and thereafter expires. 25. Any claims or cause of action arising out of tort or out of terms of the contract, including the warranty, and any claim for indemnification must be filed in a court of competent jurisdiction within 1 months following expiration of the installation warranty period. I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I ACCEPT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. I ENTER INTO THIS AGREEMENT VOLUNTARILY, WITH FULL KNOWLEDGE OF ITS EFFECT. I confirm that my action here represents my electronic signature and is binding. Signature: Date: Jan 31, 2023, 6:24 PM Approved by: West Wind HOA