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HomeMy WebLinkAboutContract 45717-A3AR1 (2) CFW Construction Allowance Request Approval CAAppr-01 Page 1 of 3 Routing Assigned To: Jay Chapa Due Date: 9/18/2017 Assigned By: Michael Weiss Due Time: 4:42 PM Links 4 fortworthgov/Infrastructure Proiects/00141 - Hemphill St from Vickery Blvd to 13th - GMP2/Contractor/Change Orders/00141 - GMP 2 Construction Contingency Allowance Request #1 8-30-17R.xlsx fortworthgov/Infrastructure Proiects/00141 - Hemphill St from Vickery Blvd to 13th - GMP2/Contractor/Change Orders/CO 1 - WC #3 Electrical Lighting Contingency Transfer - REV l.pdf fortworthgov/Infrastructure Proiects/00141 - Hemphill St from Vickery Blvd to 13th - GMP2/Contractor/Change Orders/2017.09.05 - Chesapeake Extended Driveway and Gate Reconfiguration.pdf fortworthgov/Infrastructure Proiects/00141 - Hemphill St from Vickery Blvd to 13th - GMP2/Contractor/Change Orders/GMP 2 Budget.0 Attachments 101 No Attachments have been added to this than. OFFICIAL RECOIW C'TY SICIMARY FT.*01tr",1rx https://projectpoint.buzzsaw.com/ bz web/Forms/Fom Print.aspx?SiteId=51500&ProcessId=4421&ActiveF... 8/13/2018 CFW Construction Allowance Request Approval CAAppr-01 Page 2 of 3 CITY SECRETARY CONTRACT N0. FORT WORTH(,) City of Fort Worth Construction Allowance Request Approval (Construction Allowance Breakdown Available in Links) For Construction Allowance Submittal No.:r1 Construction Allowance Request Approval No.: CAAppr-01� Date Started: 2017-08-29 Date Due: 2017-09-21 City Sec. No.: 45717-A3 � Project Name: Hemphill Street Connection GMP 2 Project Numbers: 00141 DOE Numbers: 6120 u� ProjectNew 4-lane divided arterial street from Lancaster to Vickery Description:lunder UPRR and IH-30 Project/Contract Compliance Michael Weiss City Inspector:JRandy Horton Manager: Contractor:JMcCarthy Building Companies, Inc. COST AND DAYS SUMMARY: Requested Department: Cost($) Fund Account Center: Days: TPW $ 1,854,093. 39406 0200431 5740010 C00141 C 10 � 7 [ � Total Cost: $ 1,854,,093 Total Requested Days:10 Approval Status: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Michael Weiss,P.E. Senior Professional Engineer OFFICIAL RECORD CITY 318CRIPITARY FT.WORTH,Yx https://projectpoint.buzzsaw.com/ bz web/Forms/FormPrint.aspx?SiteId=51500&ProcessId=4421&ActiveF... 8/13/2018 CFW Construction Allowance Request Approval CAAppr-01 Page 3 of 3 Approved: Yes Comments: User: Najib Fares Date: 2017-08-30 12:21 PM Approved: Yes Comments: User: JoAnne Kamman Date: 2017-09-11 2:02 PM Approved: Yes Comments: User: Kim Arnold (Date: 2017-09-11 9:28 AM �A IYI&C. -- Approved: Yes 1295.____ Comments: LL-- User: Doug Wiersig Date: 2017-09-12 9:00 PM ®F F OR T.�'L• Approved: Yes •.Q Comments: Tt .� User: Doug Black �� _ Date: 2017-09-15 4:42 PM &Mary J. Kayser, City S Approved: Yes (AS Comments: User: Jay Chapa Date: 2017-09-19 10:59 AM J Action Required: Authorize use of Contingency and Allowance Funds per Contract No. 457... OFFICIAL.RECOI CITY SECRETARY FT.WoRrm, ' ' https://projectpoint.buzzsaw.com/ bz web/Forms/FormPrint.aspx?Site1d=51500&Processld=4421&ActiveF... 8/13/2018 y N O O O O N O O N r-I -1 m rn rn m 0 U O O O O O O O O cyi O C i . i h1 O n 00 w m OO N w r- 00 0 O O O O .--1 In 'T w w OlA 0 t0 w Ln On r, w -4-4 I, N � n = NN N 00 -4 N w 00 � MLn > a_ 00 N N .--I N M D � 41 C L Q v f0 Y C 3 Ln v 0 u Y O > CL u+ a ami Q C:U u CL Z - m tko Q 01 m g o o4,1 a 0 c w tkg) 41 C Cr .••II m ,OL, u m (UZ 041 Y O c Q u Q D v O c p Z ,, U O Y O 0 0 0 0 0 0 0 0 Z O c O O O Q 3 Q O M i of 6 6 00 u•f n n O o n an M 00 L N a 00 00 m Q n to n O O U an O u1 H O E m O O O vv �-1 V1 ct t0 t0 O O 0n 00 00 Q L y 00 0o d' O N tD N M rn M4-1 O W 3 H tD tD u1 ul n t0 'i n N OLL 0000 O O u1 at O OJ N m N N O V-1 N w 00 M N O Q1 't � C m cn u m N N ai N M �-I' Z rN-I e-1 p co N tn M Ln t c m .h 4r An w � in. v> q^ ►n4^ an � Ln w w 4 q^ i*nvt 3 J 3 I I W O 11 ++ O t 0 4- C I 00 0 0 C O 0 OLi. L of M J O H Q Q C 0 P: (1 0) 0l u N �F Q V E C li C C C M 4L ++ 3 C I O M C_ n n V W I u tic U ami c ,0, ua a) 00 aI c u on O 0 coo coo .0 01 N C Y � M M V I aCi U m o f 0 3 0 0 0 N m +1 UV C Q U U N tTi Y C0 3 =O C — C O C r4 1 t U N V O L O Q O J U V OL u c m V w a w H 7 3 030 3 O O O UC ++ ++ y0_. 0) 42 0) v vii O 1., C H U U _ :3 a 0 3 N m w m C O O v — O rl rI Lin C O O m u Q c as m v w Q 'co Q 'co Q 00 0 ++ 0 v 0 n n Z V L U 0 O O m N > N C N OA N m h In u1 •� r0 O C O. O. m a C a C "0 r1 TA OJ O O +� +0+ r'0 +' 3 H O OL GJ 3 3 j 0) O w M O N Cf L v C m o C 0 0 a a H C LL c LL C Y c to 0 0 ++ U O O V Q O O CO Ii LL i0 N m 0) (D N N a N c c a41 c 'c 0 v m C m p 6 C w}L 0 m L N N O O41 O 0 v O 0 Q QY Y Y E C QQC c bo CC Customer Change Order qj anL C.O.# 1 Date: 08/16/2017 Project Name: Hemphill Connector Architect's Project No: Project No: 002119.000 To Contractor: McCarthy Building Companies, Inc. The Contract is hereby revised by the following items: Hemphill Connector Change Order# 1 CPR Description Amount 1 WC#3 Electrical&L5htning Contingency Transfer $0.00 The Original Contract Value was $35,408,253.00 Sum of changes by prior Change Orders $0.00 The Contract Value prior to this Change Order was $35,408,258.00 The Contract Value will be changed by this Change Order in the amount of $0.00 The new Contract Value including this Change Order will be $35,408,258.00 The Contract duration will be changed by 0 Days The revised Substantial Completion date as of this Change Order is 01/01/2020 McCarthy Building Companies, Inc. City of Fort Worth BY: !D�1 +— BY: Date: �} 1 'I l Date: )rinted On: 8/25/2017 3:54:11 PM Page 1 of 1 Change Proposal Request I CPR#1 Date:08/25/2017 Project Name:Hemphill Connector Architect's Project No.: Project No.002119.000 Cost Issue Ref#:1 Attached is an itemized quotation for changes in the Contract sum and/or time on subject Project as described herein. This document,when fully executed, as accepted, shall constitute authorization to proceed with the work described herein. Due to schedule impact, this work may be performed prior to approval of the formal Change Order.The Owner agrees that McCarthy Building Companies, Inc.will be reimbursed monthly for the cost of this work as completed,whether or not the Change Order has been fully executed. DESCRIPTION OF THE PROPOSED CHANGE: WC#3 Electrical&Lightning Contingency Transfer SCOPE: To cover the new Work Category funds, McCarthy proposes to transfer Construction Contingency Funds to the Work Category#3 Electrical and Lighting schedule of values line item. REFERENCE: Pricing Details Company Name Description Amount McCarthy Building Companies, Inc. 100: CONTRACTORS CNTGNCY ($129,893.00) McCarthy Building Companies, Inc. 90: INITIAL MARKUP $4,393.00 McCarthy Building Companies, Inc. 30:WC#3 ELECTRICAL $125,500.00 Net Amount of This Proposed Change $0.00 Net Change in Calendar Days Due To This Proposed Change d Schedule Impact to be evaluated at a later date McCarthy Building Companies, Inc. City of Fort Worth Accept Accept — Do Not Accept _Do Not Accept BY: A&!Afe Dater ��I1 Date: AW Printed On: 8/25/2017 3:51:21 PM Pagel of 1 12001 N.Central Expressway,Suite 400,Dallas,Texas 75243 P 972-991-5500 1 r 972-991-9249 mccarthy.com August 15,2017 City of Fort Worth Transportation and Public Works Department Infrastructure Design and Construction 200 Texas Street, Fort Worth,TX 76102 Hemphill Street Connection Work Category#3 Electrical and Lighting Dear Mr.Weiss, McCarthy Building Companies, Inc, is pleased to submit the following Work Category#3 Electrical and Lighting Proposal for the Hemphill Street Connection dated August 15,2017.Our proposal is inclusive of the work included within the following documents as well as the subsequent clarifications contained within this proposal; McCarthy Front End Documents Advertised 06/15/2017 Contract Drawings:"GMP 2"from TranSystems dated 03/28/2017 Bean Electric's proposed total for Work Category#3 Electrical and Lighting is$1,803,500.00.This price proposal is an increase from McCarthy's GMP#2 proposal.To cover the new Work Category funds, McCarthy proposes the attached Change Order Request to transfer Construction Contingency Funds to the Work Category#3 Electrical and Lighting schedule of values line item,plus McCarthy's Construction Fee. Attached for your review is a detailed breakdown of the costs associated with the Change Order Request,clarifications concerning our price proposal,and a McCarthy Change Order Summary.Should you have any questions regarding the Work Category#3 Electrical and Lighting Change Order,please do not hesitate to contact us.We look forward to a successful completion of this high-profile project. Sincerely, r--)-j zc�L i...�/ David Wallace,P.E. Project Manager McCarthy Building Companies, Inc. CC: David Wallace,P.E.Project Manager Jeromy Shaw Chief Estimator Kurt Knebel Vice President Civil Operations 1 A McCarthy Holdings,Inc,company } \\ 2 ) § a000/\/\666ci . . . § . . ]]] E \\\ k- - !l ! { % } . : k �\ ProJeet: City orFortWorth HamphfHSUaerUnderpass f Location: Fort Worth,Texas Date: August 16,2017 Hem lilt/Street Underpass GMP2-Change Order 01 Work GMP2 Line Package DESCRIPTION Quantity Unit Unit Price GMP2 Total Change Order New Budget Measure Amount Total 10 WC1 Subcontractor Work Category#f Bridge&Track-McCarthy 1.00 LS $11,814,000 $11,814,000 $11,814,000 11 Allowance Potential Bridge&Track Contractor Downtime 100.00 Days $5,432 $543,200 $543,200 12 Contingency Painting of Exterior Railroad Bridge Beams 1.00 LS $27,560 $27,560 $27,560 20 WC2 Subcontractor Work Category#2 Excavation&Walls-McCarthy 1.00 LS $7,745,000 $7,745,000 $7,745,000 21 Subcontractor Artwork Installation-McCarthy 1.00 LS $75,511 $75,511 $75,511 22 Allowance Additional Arhvork Support for Sub/Artist changes 1.00 LS $15,1021 $15,102 $15,102 23 Contingency Painting of Concrete and Block Walls with color for 100 LS $77,568 $77,568 $77,568 consistent and anti- raffiti coatings 24 Allowance Potential Waits and Excavation Contractor 50,00 Days $2,517 $125,850 $125,850 Downtime 30 WC3 Contingency Work Category#3 Electrical 8 Lighting 1.00 LS $1,678,000 $1,678,000 $125,500 $1,803,500 40 WC4 Subcontractor Work Category#4 Landscaping-C.Green 100 LS $360,167 $380,167 $360,167 Sca i ,LP 41 Contingency Landscaping of ROW/CMAR Yard 3.00 Ac $17,800 $53,400 $53,400 42 1 JAllowance Owners Landscape Allowance 10% Bid $360,167 $36,017 $36,017 50 WC5 ISubcontractor Work Category#5 Paving-McCarthy 1.00 LS $1,667,000 $1,667,000 $1,667,000 51 Contingency Chesapeake Extended driveway and gate 1.00 LS $46,200 $46,200 $46,200 reconfiguration 60 CMAR General Conditions-30 Months 1.00 LS $4,023,374 $4,023,374 $4,023,374 61 Contingency Sandblasting&painting of the underside of the iH30 100 LS $184,555 $184,555 $184,555 bridge for consistent coloration 62 Allowance Identify&Locate Existing&Abandoned Utilities 1.00 LS $150,000 $150,000 $150,000 63 Allowance Remove,relocate and/or demolish existing ulitilles 100 LS $1,750,000 $1,750,000 $1,750,000 within the right of way 64 Allowance Potential Project delays due to Railroad and/or 1.00 LS $750,000 $750,000 $750,000 IEYJsgnn Utilities vnthin the right of way 65 Allowance Owners Allowance 1.00 LS $867,727 $867,727 $867,727 Subtotal Cost of Work S31,990,231 $32,115,731 70 Performance&Payment Bonds 0.82% $264,271 $264,271 80 Pollution Insurance Wrap Policy 1.00 LS $41,646 $41,646 $41,646 80 Railroad Protective Insurance 0.35% $112,785 $112,785 80 Builders Risk Insurance 0.22% $72,535 $72,535 80 General Liability&Umbrella Insurance 0.841% $295,300 $295,300 Subtotal Cost of Work+CMAR GC+Insurance $32,776,768 $32,902,268 90 Construction Fee 3.50% $1,147,187 $4,393 $1,151,580 Subtotal Cost of Work+CMAR GC+Insurance+ $33,923,955 $34,053,848 Construction Fee 100 Construction Contingency-Construction Contingency 5.00% $29,686,059 $1,484,303 ($129,893) $1,354,410 has NOT been added for'Alkmwancee above Subtotal Cost of Work+CMAR GC+Insurance+ Construction Fee+CMAR&CFW Contingency $35,408,258 $35,408,258 ►t.Irr Customer Change Order 1 'C.O.#2 Date: 09/05/2017 Project Name: Hemphill Connector Architect's Project No: Project No: 002119.000 To Contractor: McCarthy Building Companies, Inc. The Contract Is hereby revised by the following Items: Hemphill Connector Change Order#2 • CPR Description Amount 2 Chesapeake Extended Driveway and Gate Reconfiguration $0.00 The Original Contract Value was $35,408,258.00 Sum of changes by prior Change Orders $0.00 The Contract Value prior to this Change Order was $35,408,258.00 The Contract Value will be changed by this Change Order in the amount of $0.00 The new Contract Value Including this Change Order will be $35,408,258.00 The Contract duration will be changed by Days The revised Substantial Completion date as of this Change Order is 01/22/2020 McCarthy Building Companies, Inc. City of Fort Worth BY. JJ LUZ BY:AZ�4 ' Date: fl Ch-7 Date: 7 2 " Printed On: 9/5/2017 4:17:08 PM Page i of 1 i r Change Proposal Request CPR#2 Date:09/05/2017 Project Name:Hemphill Connector Architect's Project No.: Project No.002119.000 Cost Issue Ref IN 0 Attached is an itemized quotation for changes In the Contract sum and/or time on subject Project as described herein.This document,when fully executed,as accepted,shall constitute authorization to proceed with the work described herein.Due to schedule Impact,this work may be performed prior to approval of the formal Change Order.The Owner agrees that McCarthy Building Companies, Inc.will be reimbursed monthly for the cost of this work as completed,whether or not the Change Order has been fully executed. DESCRIPTION OF THE PROPOSED CHANGE: Chesapeake Extended Driveway and Gate Recontiguratlon SCOPE: McCarthy Self-Preform shall reconfigure the Chesapeake Gas Well Pad fencing, gates and extend the driveway to the new entrance. REFERENCE: Pricing Details Company Name Description Amount McCarthy Building Companies, Inc. til:C-CHESAPEAK ACCESS ($46,200.00) McCarthy Building Companies, Inc. 50:WC#5 PAVING $46,200.00 Net Amount of This Proposed Change $0.00 Net Change In Calendar Days Due To This Proposed Change I] Schedule Impact to be evaluated at a later date McCarthy Building Companies,Inc. City of Fort Worth Accept Accept _Do Not Accept� J ^ Do�N jo►t Accept � I BY. . G✓ BY: Alage Date: 1&6 7 _ _ Date: 9-d`( Printed On: 9/5/2017 3:55:32 PM Page 1 of 1 PAV061. City efFortworthllamphlaSUM Ondsrpsss 1 Location: Fort INWO.Toru Date: SepfunMrd,1017 Hemphill Street Underpass GMP2-Chan a Order 02 Work GMP2 Line Package DESCRIPTION Quantity Unit Unit Price GMP2 Total Change Order Previous New Budget Measure Amount Change Orders Total 10 WC1 Subcontractor WorkCategory#1 Bridge&Track-McCarthy 1.00 LS $11,814,000 $11,814,000 $11,814,000 11 Allowance Potential Bridge&Track Contractor Downtime 100.00 Da $5,432 5543,200 $543,200 12 Contingency Painting of Exterior Railroad Bridge Beams 1.00 LS $27,560 $27,660 $27,560 20 WC2 Subcontractor Work Category p2 Excavation d Walls-McCarthy 1.00 LS $7,745,000 $7,745,000 $7,745,000 21 Subcontractor Artwork Installation-McCarthy 1.00 LS $75,511 $75,511 $75,511 22 Allowance Additional Artwork Support for Sub/Artist changes 1.00 LS $15,102 $15,102 $15,102 23 Contingency Painting of Concrete and Block Walls with color for 100 LS $77,568 $77,568 $77,568 consistency and anti raffill coatings 24 Allowance Potential Walls and Excavation Contractor 50.00 Days $2,517 $125,850 $125,850 Downtime 30 WC-3 8engegeney Work Category p3 Electrical d Lighting 1.00 LS $1,678,000 $1,678,000 5125,500 31,803,500 40 WC4 Subcontractor Work Category 114 Landscaping-C.Green 100 LS $360,167 $360,167 Sca i ,LP $360,167 41 Contingency Landscaping of ROW/CMAR Yard 3.00 Ac $17,800 $53,400 $53,400 42 Allowance Owners Landscape Allowance 10% Sid $360,167 $36,017 $36,017 50 WCS Subcontractor Work Category#5 Paving-McCarthy 1.00 LS $1.667,000 $1,667,000 $46,200 $1,713,200 51 Contingency Chesapeake Extended driveway and gate 100 LS $46,200 $46,200 ($48,200) $0 reconfiguration 60 CMAR General Conditions-30 Months 1.00 LS $4,023,374 $4,023,374 $4,023,374 61 Contingency Sandblasting&painting;of the underside of the 100 LS $164,555 $184,555 $184,555 IH30 bridge for consistent coloration 62 Allowance ildentity,&Locate Existing d Abandoned Utilities 1.00 LS $150,000 $150,000 $150,000 63 Allowance Remove,relocate andlor demolish existing utllitles 100 LS $1,750,000 $1,750,000 $1,750,000 thin the right of way 84 Allowance Potential Project delays due to Raltroad and/or 100 LS $750,000 $750,000 $750,000 Existing Utilities within the right of way 65 Allowance Owners Allowance 1.00 LS $867,727 $867,727 $867,727 Subtotal Cost of Work $31,990,231 $32,115,731 70 Performance d Payment Bonds 0.82% $264,271 $264,271 80 Pollution Insurance Wrap Policy 1.00 LS $41,646 $41,646 $41,646 80 Railroad Protective Insurance 0.35% $112,785 $112,765 60 Builders Risk Insurance 0.22% $72,535 $72,535 60 General Liability&Umbrella Insurance 0.841% $295,300 $295,300 Subtotal Cost of Work+CMAR GC+Insurance $32,776,768 $32,902,268 90 Construction Fee 3.50% $1,147,187 $4,393 $1,147,187 Subtotal Cost of Work+CMAR GC+Insurance+ Construction Fee $33,923,955 $34,049,455 100 CenstructlonContingency-ConstructionContingancy 5.00"6 $29,686,059 51,484,303 ($129,693) $1,354,410 has NOT been added for-Allowances-above Subtotal Cast of Work+C6dAR GC+Insurance+ Construction Fes+CMAR&CFW Contingency $35,408,258 $0 $0 $35,403,885 .snv rr,r, anw . e , . � . . . . . . . � . . , . a . . � $ � ■ m % ' §_.HIO. . . � ! „ � $ . . . . / . . . . . . . . . . ` | ^® 2 I ! . . . . . . . . . . . . . . �- � k® § §■§§§§§ §§§§ § . I■�� f ---- - s - ! §&§ � a §§ & | $q§2§§§ ! _ a a 'C' § }k § !� ■ ■! | S � § « k ! ' c . © | � � - � $� U „ k■Be§![ ` $ k@@.4.4 q ■§k !) s � �j. . . @■” . , ) 7 2&« , | E ■ I . . . . . . . . . . . . . . . . . G§ . . . . . . ) 22 2 m � ® bC)000t, 7 ° &■ � §� ---- -- �&- §§■§k§§ ! -- i® �&&■§0 eg ■ r " ' 2� ae !!9§,|eE§«� \$�� � !�` ■ |! § !!oe I 8■#8898 B ;a■§■!m � � � |� 3 �� , § ■ , % k I$ , � i,� � U cus om Fence 5104 W.Vickery Boulevard Fort Worth,TX 76107 817-263-9788 phone; 817-263-4149 fax lg asemaAbuzzf'ence.com—Email/www.buzzfeacg.com- Website June 29, 2017 Project: Chesapeake 1296 Lamar Street, Fort Worth, Texas 76102 Attn: Ted Kilcrease McCarthy Building Companies Inc. Mobile: 469-785-3535 Email: tkilcreaseCa-McCarthy.com Fence Relocation and Modifications a) Remove Up to 743' only of existing fence and 560' move to new location established and marked by customer $ 8,273.00 Install new 70' of Black Vinyl Coated Chain Link No Top Rail. Top and Bottom wire 11.5 Ga. Install new 30' Double drive Swing Gates. Reuse 1 existing Double drive Swing gates $ 3,236.00 Above to be paid upon installation of fences. b) Upon completion of project 725' of fence to be moved back to permanent line $ 7,975,00 DCSIQI%INICRE _•��, ( � rr.o..' I �•• ..sit-.-tie CC , afi�c�r�ovt�iiTf:t �- '•,F "'J'- T4V:6 FNrNIF.F Tcrnas and Conditions 1. Scope and Materials • The materials used shall meet or exceed fence industry standards. • Each piece of wood has individual characteristics and may contain certain natural defects. These defects do not prevent the item from meeting industry standards or grade rules. • Some whitewood products will have lumber mill grade stamps on the face, and are not an indication of specified contractual grade. 2. Changes and Extras • Changes in measurements, fence lines, materials, and designs must be agreed upon by both the customer and Buzz Services, L.L.C. and must be in writing at the time these changes are made. • The price herein does not consider the encountering of rock, boulders, or other conditions that necessitate the use of jackhammers or other coring equipment. if these conditions are encountered, customer understands that additional charges will be levied. • Purchaser must obtain licenses, planning permission approvals and permits, where such licenses, approvals and permits are required. Should Buzz Services, L.L.C. obtain for you any required permits or licenses, these will be billed as an additional cost to you. if your home is part of a Homeowner's Association (HOA), you will need to obtain, and provide, approvals from the HOA before installation of your fence. 3. Your Cooperation • Buzz Services, L.L.C. will call the major utilities to mark electrical,water, and cable locations if the utilities provide this service for your address. •You agree to facilitate the location of underground/overhead utility lines and any other items that may'interfere with installation that includes, but is not limited to, sprinkler systems, low voltage wiring, wells, pool drainage lines, and any electrical, water, gas or cable locations that are not marked by Utility marking services. Location of these lines not marked by Utility marking services will be clearly marked by the customer. Any damage or cost incurred due to incorrect or non-marking of the lines will be the responsibility of the customer. Buzz Services, L.L.C. is not responsible or liable for damage to lines or pipes that are not visible, underground, unmarked, or marked incorrectly. You shall absorb all cost. • Customer agrees to locate all existing property stakes and is responsible for establishing the property lines prior to installation—a survey by others may be necessary. Where the fence lines are not indicated by surface marks or stakes, no responsibility shall rest with Buzz Services, L.L.C. By reason of erecting fence on incorrect lines, you hereby agree to indemnify Buzz Services, L.L.C. and save it harmless against and in respect to the claims of any persons aggrieved by the location of said fence. • To ensure proper installation of your new fence, you agree to clear the fence line of all obstructions and attachments, such as brush, firewood, personal yard items, pool equipment, electrical fixtures, vines, decorations, plants, etc. In the event this is not completed once the crew arrives to install the fence, additional charges may be assessed to achieve the necessary workspace. You shall hold Buzz Services, L.L.C. harmless for any damage to items within the fence line nor for any cost to reinstall said items as Buzz Services, L.L.C. will not be responsible for damage to such items. • You agree Buzz Services, L.L.C. is not responsible for any damage or soiling to driveways, walkways, walls, gardens, fresh grading, sod, shrubbery, patios, etc., resulting from gaining access or performing work in the same proximity. You shall absorb all costs. • You agree to allow Buzz Services, L.L.C. access to work areas during working hours. You agree to ensure that if you have a security system, it does not interfere with installation. You agree not to allow unattended minors at your service address while installers are present, and agree to control pets and keep them away from work areas. You agree to keep permits on display at all times, and agree not to assign or transfer this Agreement. You agree any claims against Buzz Services, L.L.C. under this Agreement should be made to Buzz Services, L.L.C. within thirty(30) calendar days. 2 4. Insurance • Buzz Services, L.L.C. will furnish a Certificate of Insurance upon request.We carry general liability, workman's compensation and automobile coverages for your protection. • Owner will indemnify and hold harmless Buzz Services, L.L.C.for any claims after the date of completion. • Each customer and Buzz Services, L.L.C. hereby waive any claims against the other for lost use, lost profit, lost revenue, indirect, incidental or consequential damages relating to the installation of the materials or the services of Buzz Services, L.L.C. or this agreement 5. Limited Warranty: Buzz Services, L.L.C. warrants the workmanship of the installation for one (1)year from its completion date, provided customer notifies Buzz Services, L.L.C. during the warranty period. Buzz Services, L.L.C. will arrange for repair at no charge to customer for any defects due to faulty workmanship. Buzz Services, L.L.C.warranty does not cover damage caused by acts of God, installation or repairs made by persons other than Buzz Services, L.L.C., abuse, misuse, neglect, or normal wear and tear. Merchandise and materials are covered exclusively by the manufacturer's warranty. If any, this limited warranty gives customer specific legal rights. • Seller is not responsible for injury, property damage or other indirect,special or consequential damages arising directly or indirectly out of use of this product, notwithstanding the fact that said injury, property damage or other damages arose directly or indirectly from actual or alleged defect in material and/or workmanship. • This warranty does not apply to natural changes in fencing, such as discoloration,warping, splitting, twisting, shrinking, etc. • This warranty extends exclusively to the original purchaser of the warranted product. • Warranty covers all fencing installed under this agreement and each of their component parts. • The term of this warranty begins on the date installation of the product is installed and continues for a period of one (1)year. • Performance of any obligation under this warranty requires the customer to contact Buzz Services, L.L.C. in writing within 30 days. Failure to do so will forfeit buyer's rights to warranty obligations. • Other manufacturers' warranties are available on certain products and must be registered by the customer's completing the warranty card and returning it to the manufacturer. • If there is an unpaid balance, at its discretion, Buzz Services, L.L.C. may temporarily void the warranty (workmanship) until the unpaid balance is resolved. 6. Disclaimer. • Buzz Services, L.L.C's liability under this agreement will be terminated if Buzz Services, L.L.C. is prevented from fulfilling its responsibilities under the terms of this agreement by reason of delays in transportation, shortages of fuel and/or materials, strikes, embargoes, fires, Hoods, quarantine restrictions, earthquakes, hurricanes, tornadoes, or any other acts of God or circumstances or causes beyond the control of Buzz Services, L.L.C. • Buzz Services, L.L.C.'s liability under this agreement will be terminated should full payment not be made to Buzz Services, L.L.C. in a prompt and timely manner. • Buzz Services, L.L.C. disclaims any liability for special, incidental or consequential damages. The guarantees stated in this agreement are given in lieu of any other guarantee or warranty, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. • Buzz Services, L.L.C. is not responsible for identifying property lines, easements, covenants or other legal encumbrances your service address may be subject to. 7. Non-Payment, Default. • All materials remain the property of Buzz Services, L.L.C. until fully paid for and may be removed for non-payment. In case of non-payment or default by the customer, the original cost for labor for the installation and subsequent cost for removal of all materials used, along with any reasonable attorney's fees and costs of collection shall be paid for by the Purchaser. Final monies are due and payable at the time of fence completion unless other payment terms have been agreed to by both 3 parties. No monies will be withheld by buyer to enforce warranties or installation problems should they arise. • Security Interests/Liens: Should you not make all payments as required under this Agreement, a security interest/lien can be placed against your property by Buzz Services, L.L.C. If a security interest is placed against your property, it creates a lien, mortgage or other claim against your property to secure payment and may cause a loss of your property, if you fail to pay. 8. Cancellation/Entire Agreement • You may cancel this agreement without penalty or obligation by delivering written notice to Buzz Services, L.L.C. by midnight on the third business day after signing the contract. Any payment(s)will be returned to you within ten (10) business days after Buzz Services, L.L.C. receives your notice. Your payment will be returned in the manner it was paid. • Returns: A 35% cancellation fee applies to the return/cancellation of material. Exceptions: cancellations made by midnight on the third business day after the date of your purchase; merchandise incorrectly ordered by Buzz Services, L.L.C.; or merchandise damaged beyond repair in delivery or installation. 9. Severability. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect. Gil Laserna Date Customer Date Buzz Custom Fence 4