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HomeMy WebLinkAboutContract 53179-AR6 CSC No.53179-AR6 �_+O�RT_ FORTH City of Fort Worth Construction Allowance Request Project Name I Silver Creek Roadway Improvements Phase 2 City Sec# 53179 Client Project#(s) CO2101 Project Description Silver Creek Roadway Improvements Phase 2 between Brewer High School and Live Oak Contractor Texas Bit/Texas Materials Group,Inc. CA# 6 Date 1/21/2021 City Project Mgr.I Alejandra Ayala City Inspector John Crowley Dept. UNIT I UNIT II Contract Time Totals (CD) Original Contract Amount $3,507,396.93 $1,411,506.71 $4,918,903.64 Extras to Date Credits to Date Current Contract Amount $3,507,396.93 $1,411,506.71 $4,918,903.64 Amount of Proposed Change Order $50,754.12 -$6,175.95 $44,578.17 Original Allowance Available to Allocation $200,000.00 $100,000.00 $300,000.00 Allowance Funds Previously Allocated $144,418.36 $85,687.05 $230,105.41 Remaining Funds Available for this Allocation $55,581.64 $14,312.95 $69,894.59 JUSTIFICATION(REASONS)FOR CHANG DER IN ACCORDANCE WITH THIS CONSTRUCTION ALLOWANCE REQUEST,THE CONTRACT SHALL: Furnish all labor and materials for the construction of the commercial driveway into Silver Creek Materials. The City obtained a Right-of-Way Donation from Robert L.Dow(Owner)on May 7,2019. The northernmost existing commercial driveway entrance was to be removed and relocated as part of the construction project which also included adding a left turn lane into Silver Creek Materials. The Owner donated right-of- way to the City with an understanding that the City would reconstruct the commercial driveway which is approximately 500 linear-feet long by 42-feet wide. The City included the plan and profile of the commercial driveway into the set of plans as part of the construction of the roadway improvements. The inclusion of this plan was the Owner's acknowledgement that the City would construct the commercial driveway. During the construction of the commercial driveway the materials that were originally specified in the set of construction plans were revised to include a suitable driving surface for the type of heavy commercial trucks that enter and exit the facility on a daily basis. Attached is the plan and profile sheet for this construction allowance. It is understood and agreed that the acceptance of this Construction Allowance Request by the contractor constitutes an accord and satisfaction and represents payment in full(both time and money)for all costs arising out of,or incidental to,the above Construction Allowance Request. Contract Time will be adjusted on the basis of the time shown on this Construction Allowance Request by a later Changer Order,if necessary. The Project/Program Manager signing below acknowledges that he/she is the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. ontractor's Company Na ontractor(Name) ontract Signature Texas Bit/Texas Materials Group,Inc. Pedro Alonso 111217/2021 Inspector nspec ion upervisor John Frowley Date Project Manager Alejandra Ayala Da e 9c4 ul e-a94,Aq Feb 10,2021 Al-y" ?;A Feb 12,2021 Program Manager Raul Lopez Date Senior Capital Project Officer: Lissette Acevedo Date E Fe —� Feb 12,2021 laff2fZ`2�AL2YBRD,aE. Feb 12,2021 Assistant Director(Dept) Lauren Prieur Date Director Cuntracting Department(Dept) William Johnson Date Lway� Feb 12,2021 ia�n i Feb 12,2021 --Pn—Ire>Run w..csn vmh— (wn n,2.1 MM Assistant City Attorney Doug Black Date Assistant City Manager Dana Burghdoff Date past Fae�mz �e�n Feb 12,2021 Praia 8� Feb 12,2021 M&C Number M&C Date Approved ATTEST: M�,�",%t�(`/�� �r���n� �agt�EORr r V U e U ��oO000000000`j�a�� 0 7 Mary J.Kayser,City Secretary J�o° �0��� �o o d 0vo C, Pia 00o i�� OFFICIAL RECORD a��nEXASoAp Ay CITY SECRETARY FT. WORTH, TX City of Fort Worth Construction Allowance Additions Project Name Silver Creek Roadway Improvements Phase 2 City Sec# 53179 Client Project# CO2101 Contractor Texas Bit I Texas Materials Group,Inc. PM Alejandra Ayala Inspector Jahn Crowley Construction Allowance Submittal# © Date 1I21I2021 ADDITIONS ITEM DESCRIPTION DEPT Qty Unit Unit Cost Total 68 3213.010510"Conc Pvmt UN T 350.27000000 SY 144.90 50,754.12 46 3211.0112 6"Flexible Base,Type A,GR-1 UNIT II 530.00000000 SY 11 9-0 6,307.00 47 3292.0500 Seeding,Soil Retention Blanket UNIT II 13,375.00000000 SY $1.63 2 ,80 .25 UNIT 1 $50,754.12 UNIT 11 $28,108.25 Sub Total Additions $78,862.37 Change Order Additions Page 2 of 4 i I N%�)w I I City of Fort Worth -T—r Construction Allowance Deletions Project Name Silver Creek Roadway Improvements Phase 2 City Sec# 53179 Client Project# CO2101 Contractor Texas Bit 1 Texas Materials Group,Inc. PM Alejandra Ayala Inspector Jahn Crowley Construction Allowance Submittal# © Date 1I21I2021 DELETIONS ITEM DESCRIPTION DEPT City Unit Unit Cost Total 6 9999.0010 C 3 11 Pulverization Item 6 8 .0000 0000 S 8.20 3 ,28 .20 UNIT 1 $0.00 UNIT 11 $34,284.20 Sub Total Deletions $34,284.20 Change Order Deletions Page 3 of 4 MISBE for this Construction Allowance MISBE Sub Type of Service Amount for this CO NIA Total $0.00 Previous Construction Allowances co# DATE AMOUNT Total $0.00 I I W20'ON lO3POad A110 Z 3SVHd S1N3W3A0?JdWI CIVMA AAAHO?:OAIIS I I p j co - LU X0 m �. x x W U �-- c� zW O p u W� g m ww F �¢w u.l -Of Wy z F m mar % o O2 a Q _ - � O 0 _ LL O Wa �� "a asz co `wLki m z E g aaaa a LL z m3 pWa U� LEI � s E8 I I I I I I I I I I I I I I I I I I 00'00+OZ V1S DWHOIVW I I I I I - I N UN 0V Uz z w� w 00+9Z V1S 3NI-1H0iVW I II �I I I I I � is aamaas X�I II ,� I WI W 4'- I - -- ------ goN I 0 III w�N II � I N _o e� � III �WW 0 x �I �I f I w� ��w 1 11111 ww 2>> p� X Ww�O U - U LL b I�� U �o � I III il� I �Q, I IHO �� �d ]HO z0 I zar I HO— �H 3H0 _ III w WZN I �rP �I QOM I �11 st of ICI wXA li t \ boo _ I �I a —u) w o c� 00'00+OZ V1S 3NI�HOIVW I wawa I of � II tl -- oam�o g I � N I� fPJ I I � moo X �---L)a�m I I I I IWd b5�bb�£ 610Z/OZ/£ �6p'10-OW30+'IS\L33H5\N94\Maa��� IIS Mlj eb-81-£\51'J3f OHd\�0 I I I I I I I I I y EROSION x Z CONTROL a BLANKET LIMITS a LL o a a 1431 SY 3 Co i% c� N 9266 Sy 2678 SY/ 1gQ 322 140+00 � L -� v 3 _ P eu �l a U ti S O O _ O � FORT WORTH SILVER CREEK ROAD IMPROVEMENTS Irl'l MV Engineering, Inc. CHANGE ORDER EXHIBIT �� 1500 W.7 h St.,Ste 1717,F—W.r .Te 76102 EROSION CONTROL BLANKET �+ Ph:(817)529-1916 TRANSPORTATION& PUBLIC WORKS INSTALLATION LIMITS AAW 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY PROPOSAL Silvercreek - Concrete Panel Wednesday,January 13,2021 Alex Ayala City Of Fort Worth Alejandra.Ayala@fortworthtexas.gov Alex, Please see our quote with inclusions/exclusions below.If accepted,please sign and return to this email address.If you have any questions please feel free to contact me.We look forward to doing business with you. Pedro Alonso 512-571-6072 nedro.alonso Ptexasbit.com concrete panels at Brewer Drive .xlsx Page 1 TEXASAAW 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY TexasBit(Seller) offers to furnish the equipment,labor,materials and/or services described below to(City Of Fort Worth) in connection with construction of improvements at the above project.This proposal is valid for(30)days unless otherwise specified. 111312021 Item Bid Description Quantit Units Unit Price Total 1 4"SLID Pvmt Marking(W) 222.00 LF $ 0.55 $ 122.10 2 24"SLD Pvmt Marting(W) 14.50 LF $ 18.30 $ 265.35 Unclassified Excavation ( remove&replace 8"of base under 3 conc.) 78.22 CY $ 16.15 $ 1,263.25 4 8" Flexbase 350.27 SY $ 12.55 $ 4,395.89 5 10" Concrete 350.27 SY $ 144.90 $ 50,754.12 6 Remove concrete Pavement 350.27 SY $ 8.25 $ 2,889.73 Grand Total: $ 59,690.44 Inclusions: 0 Labor, equipment, materials 0 (1 ) mobilization(s), additional mobilizations will be billed at$6,500/ea 0 Any QTY overruns or additions will be billed by the unit pricing above Exclusions: ❑x Sales tax is not included and will be billed upon invoicing unless a sales tax receipt is provided ❑x Payment/Performance or Maintenance Bond. Bonds can be added to contract at additional cost ❑x TexasBit is not responsible for design, proposal is based upon provided information only ❑x TexasBit's scope of work will only include those items specifically included as bid items in this proposal. ❑x Due to existing underlying condintions,TexasBit cannot warranty the work if execessive cracking/damage appears. INITIAL: AA concrete panels at Brewer Drive .xlsx Page 2 Q TEXAS 5 420 Decker Drive, Suite 200 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Irving, TX 75062 AN Phone: (214) 741-3531 A CRH COMPANY concrete panels at Brewer Drive .xlsx Page 3 TEXASa%ALS 420 Decker Drive, Suite 200 Irving,TX 75062 GROUP, INC. dba TEXASBIT - STANDARD TERMS AND C F)JT 3531 A CRH COMPANY 1. Applicability. These terms and conditions are incorporated into Seller's Quotation&Contract(collectively,the"Contract"). The Contract comprises the entire agreement between the parties,and supersedes all prior or contemporaneous communications,understandings, agreements,negotiations,representations and warranties. The Contract prevails over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer may have submitted a purchase order or contract. 2. Payment. Payment terms are net 30 days from date of Seller's invoice or sooner as may be required by applicable law. Late payments shall accrue a finance charge of one and one-half percent(P/2%)per month or the highest rate allowable bylaw,whichever is less. Seller shall be entitled to recover all costs and expenses,including reasonable attorneys'fees,arising out of Buyer's failure to make all payments due under this Contract in a timely manner. 10%retainage is assumed unless otherwise stated in the contract. 3. Taxes. Buyer is responsible for payment of all taxes and duties not specifically assumed in writing by Seller in the Contract. Buyer agrees to defend,indemnify and hold Seller harmless from any damages and expenses related to any levy or attempted levy of any other taxes on Seller. 4. Suspension, Termination. In addition to any other remedies available to Seller,Seller may suspend or terminate this Contract with immediate effect upon written notice to Buyer,if Buyer: (i)fails to pay any amount when due under this Contract(or any other agreement Buyer has with Seller); (ii)has not otherwise performed or complied with any of these terms(or complied with the terms of any other agreement Buyer has with Seller); (iii)becomes insolvent,tiles a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy,receivership,reorganization or assignment for the benefit of creditors;or(iv)exhibits other adverse credit conditions that are unsatisfactory to Seller,as determined by Seller in its sole discretion. 5. Warranty. Seller warrants that the goods and services herein will conform to the specifications provided to Seller prior to manufacture of the goods and/or Seller's performance of the services. Seller's obligation to meet the applicable specifications supersedes any and all other warranties. SELLER DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES. Buyer shall verify that Seller's materials comply with the plans and specifications prior to installation. Changes to the plans and specifications shall be made by written change order and Seller shall be entitled to an equitable price adjustment for such changes. The express limited warranty set forth herein shall be void if Buyer fails to pay Seller in full for the materials provided by Seller pursuant to this Contract. 6. Modification. No amendment or modification of this Contract shall be valid or enforceable unless in writing and signed by the party sought to be charged,and no prior or current course of dealing between the parties,or any usage of trade or custom of the industry shall modify or supplement the terms and conditions of this Contract. 7. No Waiver. The failure of Seller to exercise any right granted hereunder shall not impair or waive Seller's privilege of exercising such right to any subsequent time or times. 8. Damages. Seller's liability for any damages related to this Contract shall be limited to,at Seller's option, (a)replacement of defective materials and work or,at Seller's option,(b)a refund of any payments made by Buyer.IN NO EVENT SHALL SELLER BE LI_ABLE FOR ANY CONSEQUENTIAL,INDIRECT,INCIDENTAL,SPECIAL,EXEMPLARY,OR PUNITIVE DAMAGES WITH REGARD TO ANY CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT.It is further understood that Seller shall not be responsible for any damage to or deterioration of any of its work,whether completed or in process,resulting from any cause or causes beyond its reasonable control,including but not limited to design, failure of subgrade or other subsurface conditions,or failure or inadequacy of any labor or materials not furnished and installed by Seller,whether or not such failure or inadequacy was or could have been known at the time its work was undertaken,or for any work performed under adverse weather conditions concrete panels at Brewer Drive .xlsx Page 4 aw 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY 9. Indemnity. To the maximum extent permitted by applicable law,Buyer shall defend,indemnify and hold Seller,its officers, employees,agents,insurers,sureties,and affiliates,harmless from any and all losses,damages,expenses(including attorneys'fees),claims, suits,liabilities,fines and remedial or clean-up costs arising out of or in any way related to: (i)Buyer's breach of this Agreement;or(ii)any act or omission by or on behalf of Buyer,its employees,contractors and/or agents. 10. Applicable Law. This Contract,and the rights,duties,obligations and remedies of the parties shall be governed by or construed in accordance with the laws of the state where the Project is located. 11. Work Conditions: If Seller's work is dependent upon or must be undertaken in conjunction with the work of others,such work shall be so performed and completed as to permit Seller to perform its work in a normal uninterrupted single shift operation. Unless a time for the performance of Seller's work is specified, Seller shall undertake the work in the course of its normal operating schedule. Seller shall not be liable for any failure to undertake or complete the work for causes beyond its control,and Seller may suspend the work for causes beyond its control,including but not limited to fire,flood or other casualty; the presence on or beneath the work site of utilities,facilities,substances,or objects,including but not limited to any substance that in Seller's opinion is hazardous or toxic or the reporting,remediation,or clean-up of which is required by any law or regulation;labor disputes or other disagreements;and accidents or other mishaps,whether affecting this work or other operations in which Seller is involved,directly or indirectly.If for causes beyond Seller's control,Seller's work is not completed within twelve(12)months after the date of Buyer's acceptance of the Contract, Seller may cancel this Contract. In such event: (i) Seller shall be relieved of any further obligation with respect to the balance of the work; and(ii)Seller shall be entitled to receive final and complete payment for all work performed by us to the date of cancellation within fifteen(15)days thereafter. 12. MANDATORY BINDING ARBITRATION: ALL CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATED TO THIS CONTRACT,SHALL BE SUBMITTED TO AND RESOLVED BY BINDING ARBITRATION BY A SINGLE ARBITRATOR IN THE COUNTY AND STATE WHERE THE PROJECT IS LOCATED. THE AMERICAN ARBITRATION ASSOCIATION("AAA")SHALL CONDUCT THE ARBITRATION AND THE COSTS OF THE ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES. NOTWITHSTANDING any language to the contrary in this CONTRACT,the parties agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules("Appellate Rules");that the Underlying Award rendered by the arbitrator shall,at a minimum,be a reasoned award;and that the Underlying Award shall not be considered final until after the time for tiling the notice of appeal pursuant to the Appellate Rules has expired. I have read and acknowledge the proposal including the inclusions and exclusions within this proposal and accept this quotation as an authorized signature for the above referenced. By signing,this proposal becomes an integral part of any contract or agreement signed subsequently pertaining to the proposed work and the proposal's terms, conditions, inclusions and exclusions will not be superseded by a subsequently signed contract or agreement Wednesday,January 13,2021 By: By: Printed Name: Alejandra Ayala Printed Name: Date: 1/26/2021 Date: concrete panels at Brewer Drive .xlsx Page 5 AAW 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY PROPOSAL Silvercreek - Erosion Blanket Friday,November 13,2020 Alex Ayala City Of Fort Worth Aleiandra.Ayala@fortworthtexas.gov Alex, Please see our quote with inclusions/exclusions below.If accepted,please sign and return to this email address.If you have any questions please feel free to contact me.We look forward to doing business with you. Pedro Alonso 512-571-6072 nedro.alonso Ptexasbit.com Silvercreek Erosion Blanket.xlsx Page 1 TEXASAAW 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY TexasBit(Seller) offers to furnish the equipment,labor,materials and/or services described below to(City Of Fort Worth) in connection with construction of improvements at the above project.This proposal is valid for(30)days unless otherwise specified. 11113 2020 Item Bid Description Quantit Units Unit Price Total 1 Erosion Blanket 13375.00 SY $ 1.63 $ 21,801.25 Grand Total: $ 21,801.25 Inclusions: 0 Labor, equipment, materials 0 Furnish and Install erosion blanket (double net straw-Class 1,Type A) along slope area Sta. 122+00-Sta. 129+00 0 Any QTY overruns or additions will be billed by the unit pricing above Exclusions: ❑x Sales tax is not included and will be billed upon invoicing unless a sales tax receipt is provided ❑x Payment/Performance or Maintenance Bond. Bonds can be added to contract at additional cost ❑x TexasBit is not responsible for design, proposal is based upon provided information only ❑x TexasBit's scope of work will only include those items specifically included as bid items in this proposal. ❑x Traffic control (signs, barricades, message or boards, etc) are not included AA INITIAL: Silvercreek Erosion Blanket.xlsx Page 2 TEXASQAw 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Silvercreek Erosion Blanket.xlsx Page 3 Ago 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY TEXAS MATERIALS GROUP, INC. dba TEXASBIT - STANDARD TERMS AND CONDITIONS 1. Applicability. These terms and conditions are incorporated into Seller's Quotation&Contract(collectively,the"Contract"). The Contract comprises the entire agreement between the parties,and supersedes all prior or contemporaneous communications,understandings, agreements,negotiations, representations and warranties. The Contract prevails over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer may have submitted a purchase order or contract. 2. Payment. Payment terms are net 30 days from date of Seller's invoice or sooner as may be required by applicable law. Late payments shall accrue a finance charge of one and one-half percent(1'/2%)per month or the highest rate allowable bylaw,whichever is less. Seller shall be entitled to recover all costs and expenses,including reasonable attorneys' fees,arising out of Buyer's failure to make all payments due under this Contract in a timely manner.10%retainage is assumed unless otherwise stated in the contract. 3. Taxes. Buyer is responsible for payment of all taxes and duties not specifically assumed in writing by Seller in the Contract. Buyer agrees to defend,indemnify and hold Seller harmless from any damages and expenses related to any levy or attempted levy of any other taxes on Seller. 4. Suspension, Termination. In addition to any other remedies available to Seller,Seller may suspend or terminate this Contract with immediate effect upon written notice to Buyer,if Buyer: (i)fails to pay any amount when due under this Contract(or any other agreement Buyer has with Seller); (ii)has not otherwise performed or complied with any of these terms(or complied with the terms of any other agreement Buyer has with Seller); (iii)becomes insolvent,tiles a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy,receivership,reorganization or assignment for the benefit of creditors;or(iv)exhibits other adverse credit conditions that are unsatisfactory to Seller,as determined by Seller in its sole discretion. 5. Warranty. Seller warrants that the goods and services herein will conform to the specifications provided to Seller prior to manufacture of the goods and/or Seller's performance of the services. Seller's obligation to meet the applicable specifications supersedes any and all other warranties. SELLER DISCLAIMS ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES. Buyer shall verify that Seller's materials comply with the plans and specifications prior to installation. Changes to the plans and specifications shall be made by written change order and Seller shall be entitled to an equitable price adjustment for such changes. The express limited warranty set forth herein shall be void if Buyer fails to pay Seller in full for the materials provided by Seller pursuant to this Contract. 6. Modification. No amendment or modification of this Contract shall be valid or enforceable unless in writing and signed by the party sought to be charged,and no prior or current course of dealing between the parties,or any usage of trade or custom of the industry shall modify or supplement the terms and conditions of this Contract. 7. No Waiver. The failure of Seller to exercise any right granted hereunder shall not impair or waive Seller's privilege of exercising such right to any subsequent time or times. 8. Damages. Seller's liability for any damages related to this Contract shall be limited to,at Seller's option, (a)replacement of defective materials and work or,at Seller's option,(b)a refund of any payments made by Buyer.IN NO EVENT SHALL SELLER BE LI_ABLE FOR ANY CONSEQUENTIAL,INDIRECT,INCIDENTAL,SPECIAL,EXEMPLARY,OR PUNITIVE DAMAGES WITH REGARD TO ANY CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT.It is further understood that Seller shall not be responsible for any damage to or deterioration of any of its work,whether completed or in process,resulting from any cause or causes beyond its reasonable control,including but not limited to design, failure of subgrade or other subsurface conditions,or failure or inadequacy of any labor or materials not furnished and installed by Seller,whether or not such failure or inadequacy was or could have been known at the time its work was undertaken,or for any work performed under adverse weather conditions Silvercreek Erosion Blanket.xlsx Page 4 TEXAS 420 Decker Drive, Suite 200 Irving, TX 75062 Phone: (214) 741-3531 A CRH COMPANY 9. indemnity. To the maximum extent permitted by applicable law,Buyer shall defend,indemnify and hold Seller,its officers, employees,agents,insurers,sureties,and affiliates,harmless from any and all losses,damages,expenses(including attorneys'fees),claims, suits,liabilities,fines and remedial or clean-up costs arising out of or in any way related to: (i)Buyer's breach of this Agreement;or(ii)any act or omission by or on behalf of Buyer,its employees,contractors and/or agents. 10. Applicable Law. This Contract,and the rights,duties,obligations and remedies of the parties shall be governed by or construed in accordance with the laws of the state where the Project is located. 11. Work Conditions: If Seller's work is dependent upon or must be undertaken in conjunction with the work of others,such work shall be so performed and completed as to permit Seller to perform its work in a normal uninterrupted single shift operation. Unless a time for the performance of Seller's work is specified, Seller shall undertake the work in the course of its normal operating schedule. Seller shall not be liable for any failure to undertake or complete the work for causes beyond its control,and Seller may suspend the work for causes beyond its control,including but not limited to fire,flood or other casualty; the presence on or beneath the work site of utilities,facilities,substances,or objects,including but not limited to any substance that in Seller's opinion is hazardous or toxic or the reporting,remediation,or clean-up of which is required by any law or regulation;labor disputes or other disagreements;and accidents or other mishaps,whether affecting this work or other operations in which Seller is involved,directly or indirectly.If for causes beyond Seller's control,Seller's work is not completed within twelve(12)months after the date of Buyer's acceptance of the Contract, Seller may cancel this Contract. In such event: (i) Seller shall be relieved of any further obligation with respect to the balance of the work; and(ii)Seller shall be entitled to receive final and complete payment for all work performed by us to the date of cancellation within fifteen(15)days thereafter. 12. MANDATORY BiNDiNG ARBITRATION: ALL CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATED TO THiS CONTRACT,SHALL BE SUBMITTED TO AND RESOLVED BY BiNDiNG ARBITRATION BY A SINGLE ARBITRATOR iN THE COUNTY AND STATE WHERE THE PROJECT iS LOCATED. THE AMERiCAN ARBITRATION ASSOCIATION("AAA")SHALL CONDUCT THE ARBITRATION AND THE COSTS OF THE ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES. NOTWITHSTANDING any language to the contrary in this CONTRACT,the parties agree: that the Underlying Award may be appealed pursuant to the AAA's Optional Appellate Arbitration Rules("Appellate Rules");that the Underlying Award rendered by the arbitrator shall,at a minimum,be a reasoned award;and that the Underlying Award shall not be considered final until after the time for tiling the notice of appeal pursuant to the Appellate Rules has expired. I have read and acknowledge the proposal including the inclusions and exclusions within this proposal and accept this quotation as an authorized signature for the above referenced. By signing,this proposal becomes an integral part of any contract or agreement signed subsequently pertaining to the proposed work and the proposal's terms, conditions, inclusions and exclusions will not be superseded by a subsequently signed contract or agreement Friday,November 13,2020 By: � By: Pnnted Name: Alejandra Ayala Pritrted wine; Date: 1/26/2021 Date: Silvercreek Erosion Blanket.xlsx Page 5