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HomeMy WebLinkAbout107-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 107-23 File Number: 2023-713 WALTER WOODWARD WATER DAMAGE CLAIM: A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE TOTAL AMOUNT OF $18,442.22 TO KERLIN LAND CO., LLC; ARKANSAS OUTDOOR PROFESSIONALS, LLC; AND MR. HANDYMAN OF BENTONVILLE, ROGERS, AND SPRINGDALE FOR A WATER DAMAGE CLAIM ARISING AT 185 NORTH HARTMAN AVENUE WHEREAS, pursuant to the §39.10(C)(4) of the City Code, the City Council must approve the payment of water damage claims exceeding $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, pursuant to § 39.10(C)(4) of the Fayetteville City Code, authorizes the Mayor to make a joint payment of $14,870.00 to Kerlin Land Co., LLC and Arkansas Outdoor Professionals, LLC and a joint payment of $3,572.22 to Kerlin Land Co., LLC and Mr. Handyman of Bentonville, Rogers, and Springdale for a water damage claim arising at 185 North Hartman Avenue. PASSED and APPROVED on May 2, 2023 Page 1 Attest: �.•�'�ERK' % Mitt., '�� /1 Y E 1-T Kara Paxton, City Cl Treasurer r w w r._ • CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MAY 2, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Walter Woodward Water Damage Claim RECOMMENDATION: CITY COUNCIL MEMO 2023-713 Staff recommends approval of a joint payment to Walter Woodward & Arkansas Outdoor Professionals LLC in the amount of $14,870.00 and a joint payment to Walter Woodward & Mr. Handyman of Bentonville, Rogers and Springdale in the amount of $3,572.22 for a water damage claim arising at 185 North Hartman Drive. BACKGROUND: On September 20, 2021, the City of Fayetteville experienced a large 16-inch diameter water main break near W Pratt Drive and W Hotz Drive. Walter Woodward owns the home located at 185 N Hartman Drive. This large water main break caused substantial amounts of flooding and damage to the Woodward residence. Mr. Woodward's insurance has denied liability for the damages. Mr. Woodward filed a damage claim with the City after the incident. DISCUSSION: The landscaping in the yard was washed away. The stone steps, retaining wall fencing and drainage system needed to be repaired, as well as reseeding the lawn. Arkansas Outdoor Professionals LLC of Farmington was the lowest of 3 bids at $14,870 to perform the repairs. There was also damaged wall insulation to be replaced, and drywall repair and repainting. Mr Handyman of Pea Ridge was the lowest of 3 bids at $3,572.22 Staff recommends approval of a joint payment to Walter Woodward & Arkansas Outdoor Professionals LLC in the amount of $14,870.00 and a joint payment to Walter Woodward & Mr. Handyman of Bentonville, Rogers and Springdale in the amount of $3,572.22. The total cost of these proposed damage claim payments is $18,442.22. This item was presented to the Water, Sewer & Solid Waste Committee on April 11, 2023 meeting, with a 4-0 vote to forward it to the full council with a recommendation for approval. BUDGET/STAFF IMPACT: Funds are available in the Self Insurance - Non -Vehicle Damage account within the Water & Sewer fund. ATTACHMENTS: SRF Walter Woodward Water Damage Claim, Quotes Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-713 Walter Woodward Water Damage Claim A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE TOTAL AMOUNT OF $18,442.22 TO KERLIN LAND CO., LLC; ARKANSAS OUTDOOR PROFESSIONALS, LLC; AND MR. HANDYMAN OF BENTONVILLE, ROGERS, AND SPRINGDALE FOR A WATER DAMAGE CLAIM ARISING AT 185 NORTH HARTMAN AVENUE WHEREAS, pursuant to the §39.10(C)(4) of the City Code, the City Council must approve the payment of water damage claims exceeding $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, pursuant to § 39.10(C)(4) of the Fayetteville City Code, authorizes the Mayor to make a joint payment of $14,870.00 to Kerlin Land Co., LLC and Arkansas Outdoor Professionals, LLC and a joint payment of $3,572.22 to Kerlin Land Co., LLC and Mr. Handyman of Bentonville, Rogers, and Springdale for a water damage claim arising at 185 North Hartman Avenue. Page 1 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-713 Item ID 5/2/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/26/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a joint payment to Walter Woodward & Arkansas Outdoor Professionals LLC in the amount of $14,870.00 and a joint payment to Walter Woodward & Mr. Handyman of Bentonville, Rogers and Springdale in the amount of $3,572.22 for a water damage claim arising at 185 North Hartman Drive. 5400.720.4310-5311.04 Account Number N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Water and Sewer Fund N/A Project Title $ 19,298.63 19,298.63 $ 18,442.22 856.41 Previous Ordinance or Resolution # Approval Date: V20221130 Arkansas Outdoor Professionals LLC / \ P.O. Box 1798 1 ArkanSai OuWoor Professionals Farmington, AR 72730 479 200 7377 (479) 200-7377 / To: Estimate # 5717 Sarah Carnahan Estimate Date 02/10/2023 185 North Hartman Avenue Fayetteville, AR 72701 Total Amount $14,870.00 Item Quantity Price Line Total Waste, Junk, Building Materials and Debris - Remove and Haul 1.0 $1,000.00 $1,000.00 Rock/Stone Work Steps Repair 1.0 $1,040.00 $1,040.00 Retaining Wall - Repair 1.0 $5,000.00 $5,000.00 Equipment/Delivery/Labor 1.0 $2,000.00 $2,000.00 Storm Debris Cleanup 1.0 $1,040.00 $1,040.00 Chain Link Fence - Install/Repair 1.0 $1,040.00 $1,040.00 Drainage install/repair 1.0 $3,500.00 $3,500.00 Lawn Care - Lawn Seeding 1.0 $250.00 $250.00 Notes Subtotal: $14,870.00 Tax: $0.00 Past Due Amount: $0.00 Total Amount: $14,870.00 landscape Cleanup and Repair This estimate reflects all material, equipment, and labor needed to complete the following: 1. Debris cleanup and removal. 2. Chain -link fence cleanup and repair. 3. Drainage repair. 4. Cleanup and reconstruction of the terraced walkway on side of house. 5. Retaining wall reconstruction and repair. 6. Cleanup and re -seeding back yard . View Online: https://www.yardbook.com/16881/pay_now MnfdoNBMYffi-o-&ft m a Neighborly company Billing Address James Woodward 185 North Hartman Avenue Fayetteville, AR 72701 USA Mr. Handyman of Bentonville, Rogers and Springdale 191 Townsend Way Pea Ridge, AR 72751 (479)755-2007 Estimate Details Estimate 219505077 Job 108903 Estimate Date 2023-02-22 Technician Jose De La Torre Customer PO Job Address James Woodward 185 North Hartman Avenue Fayetteville, AR 72701 USA Insulation/Drywall/Painting: This estimate is to repair cut out areas, add insulation and paint to match areas where drywall was removed. This estimate excludes any unforeseen. This estimate is only valid up to 30 days. Task # Description Quantity Your Price Your Total Estimated Labor Charge 1 Estimated Labor Charge 1.00 $3,075.00 $3,075.00 Estimated Material Charge 1 Estimated Material Charge 1.00 $497.22 $497.22 Sub -Total $3,572.22 Tax $0.00 Total $3,572.22 Thank you for choosing Mr. Handyman - A Neighborly Company To explore all our Home Improvement and Repair Services visit: MrHandvman.com Or for additional home services, visit our trusted family of brands at: GetNeiQhborlv.com Auth Paragraph Mr. Handyman Service Technicians are covered by General Liability, Workers' Compensation, and are fully bonded. Mr. Handyman bills a set job price. Customer agrees to pay the agreed upon rate immediately following the completion of the service. Unless other payment arrangements are made. We have a $65 diagnostic fee if you decide not to proceed with the work. Charges include all productive labor normally associated with the agreed -upon job assignment. This labor is inclusive of, but not limited to, the following: Loading and unloading tools and equipment at the beginning and end of each day Planning, discussing, and/or problem -solving the work to be completed Purchasing and picking -up materials Normal handling, measuring, cutting, and fitting Keeping a record of time spent on a job Regular clean-up of debris and equipment due to faulty or incorrect materials There will be a $4.50 fee for credit card payments under $1000 Anything over $1,000 will be a 3% charge. If payment is not made upon completion of the job and payment is not tendered within 30 days, interest will accrue at the rate of 10% per month from the date work was completed. In the event that legal action is required, the customer agrees to pay all costs and expense of collection, including reasonable attorney fees. Customer acknowledges that all Service Technicians are employees of Mr. Handyman, and will not solicit or attempt to solicit any employee of Mr. Handyman. Customer has read, discussed, and accepts the work agreement to be completed by the Mr. Handyman Technician. Customer authorizes Mr. Handyman to begin work. Yanes Lawncare, LLC Contact,Olman Yanes Landscape, Tree Trimming, Debris Removal 291 Vinyard Hot Springs, AR 501-446-8544 ESTIMATE (REVISED) DATE March 11, 2023 TO FOR repair of damage to exterior of Kerlin Land Co property at 185 N. Hartman, Fayetteville c/o James Woodward caused by broken water main 185 N. Hartman Fayetteville, AR 72701 Description Amount Remove debris from approximately 100' of fence line, re -stretch and repair chain link where needed $1500.00 (3 men, 12 hrs., no materials needed) Remove pea gravel from back lawn area and replace where washed away (labor and material) Prep and sod lawn where damaged (3 men, 2 days, plus materials) Repair concrete block and natural rock drainage slit, clean out drainage area of silt created from flood (2 men, 2 days, plus materials) Pressure wash and clean muddy exterior areas Equipment rental, travel expense Rock and step repair were washed away Estimate valid for 30 days. Total Make all checks payable to Yanes Lawncare, LLC Contact,Olman Yanes THANK YOU FOR YOUR BUSINESS! $1500.00 $2500.00 $1200.00 $3000.00 $1000.00 $15,500.00 Kenny Kalke 4kennyka1ke160grnai1.com> To: James Waad�uard I,oudon't cgpn goemmifrom ioer^_•-•:a F g -_- _ _ --o 3-= Hello - The following bid includes A nec-m=wry materials and labor. Scope of work *Remove and dispose of all debris *Repairlreplace blocks that were affected by 'city flood' *Retighten the chain link fence *Install a S' drain pipe from lowest paint in drainage dip to creek *Reset stone bench *Reconstruct stone terraces by a/c *Regravel with chocolate pea gravel as needed .-Seed a-d era-s as needed -_-a. _ __ m, price $18,850 Any unforseen issues could accrue additional cost of project Feel free tia contact me if you have any questions or concerns at (479)332-1319t Thank you Kenny Ka Ike Owner Ribe—on Landscapes .ICE HANDYMAN SERVICES Job ID # 74650487 Estimate # 54355 Issue date Mar 02, 2023 Work start date Feb 17, 2023 Job Address 185 N Hartman Ave, Fayetteville AR, 72701 Item Quantity From Ace Handyman Services NW Arkansas 3824 Cawood Ln Suite A Springdale, AR 72762 nw.arkansas@acehandymanser vices.com +14793652480 Estimate for James Woodward 185 N Hartman Ave Fayetteville, AR 72701 jxw099@uark.edu +15013030790 Price Total Craftsman Labor 39 $116.00 $4524.00 Repairs to water damaged area in lower level of home. Laundry room, half bath, and office, insulate where pulled out, install drywall, taped and textured, install missing baseboard, paint baseboards, paint laundry room, paint effected wall in office and bathroom. Materials 1 $1, 525.00 $1525.00 1-sheet 1/2" drywall 1-sheet 5/8" drywall,texture, 40sq.ft. R-13 insulation, 90'- 3-1/4" colonial baseboard, 1-qt. Trim paint, 4- gallons paint, painting supplies, Service Charge 1 Service Charge Subtotal Tax Total Terms Quotes provided are estimates only. Actual time and materials will be billed. $70.00 $70.00 $6,119.00 $0.00 $6,119.00 One Call. One Connection? James Woodward 185 N Hartman Ave Fayetteville AR 72701-4843 Date 2/28/2023 Drywall - Hole / Repair / Replace REVISED 2.28.23 Handyman Connection of NW Arkansas 411 N. 40th St. Springdale AR 72762 Proposal# 3000-025137-EO02 ESTIMATE Estimate valid for 30 days from date of proposal OPTION 1: Customer has (5) drywall repairs that need to be done. Hallway / laundry room approximate sizes 15" in X 7' ft, 15"xin X 8' ft, and 15" in X 4' ft Rest room 15" in X 4' ft Office 12" in x 16' ft Prep area to start work Remove Toilet from half restroom Install insulation on exterior walls only (R-13 Faced insulation)** SEE SEPERATE ESTIMATE BELOW Install new drywall. Tape, Mud and smooth texture to match as close as possible Paint only repaired areas to match as close as possible. Install Baseboards and paint them as well. Re -install Toilet back with NEW wax ring ** SEE SEPERATE ESTIMATE BELOW **WE WILL INSTALL NEW BASEDOARD, CUT AND MATCH AS CLOSE AS POSSIBLE** **CUSTOMER IS AWARE DUE TO MUDDING AND SANDING THERE WILL BE SOME DUST IN AREA** LABOR: $ 1,820.00 ESTIMATED MATERIALS: $450.00 PLUMBER: Shut water off to the toilet with the water stop Remove Toilet and set aside to reuse Re -install existing toilet Turn water back on Test and check for leaks **SOMETIMES THE SHUT OFF VALVE LEAKS, WE WILL PROVIDE AN ESTIMATE TO REPLACE THAT IF NEEDED** LABOR: $ 250.00 ESTIMATED MATERIALS: $20.00 Labor Materials $5,070.00 $1,495.00 INSULATION Install insulation on exterior walls only (R-13 Faced insulation) LABOR: $ 200.00 ESTIMATED MATERIALS: $150.00 TOTAL JOB LABOR w/ OPTION #1: $ 2,270.00 TOTAL ESTIMATED MATERIALS w/ OPTION#1: $ 620.00 DISPOSAL FEES: $ 50.00 TOTAL JOB LABOR & ESTIMATED MATERIALS w/ OPTION#1: $ 2,940.00 OPTION #2 ADDITIONAL WORK PER CUSTOMER REQUEST: OFFICE & BATHROOM Ceiling repair approximate T ft x Tft area Repair wall crack that separates bathroom and office, approximate 12" x 72" area (no drywall replacing on this) Bathroom repair drywall 24" in x 48" in Part of wall and ceiling (no drywall replacing on this) Prep area to start work. Remove section of ceiling drywall Install new drywall to that area. Tape, Mud and smooth texture to match as close as possible on all three repairs **If mold or damage is found behind drywall after removing section, we will stop work and notify customer** **We will provide a change order for customer before any other work begins** **CUSTOMER IS AWARE DUE TO MUDDING AND SANDING THERE WILL BE SOME DUST IN AREA** LABOR: $ 1,400.00 ESTIMATED MATERIALS: $275.00 BATHROOM PAINTING: Paint entire bathroom walls and ceiling LABOR: $ 600.00 ESTIMATED MATERIALS: $190.00 OFFICE PAINTING: Paint ceiling and wall between bathroom /office repairs only and one entire wall 10' x 24' approximate size of wall. LABOR: $ 600.00 ESTIMATED MATERIALS: $190.00 LAUNDRY ROOM: Customer is requesting to apply some concrete sealer on a section of foundation and framing approximate 12" x 6' ft. We will use a sealer before any other works is done. **THIS DOES NOT WARRANTY OR GUARRNATEE TO STOP ANY FUTURE WATER PENETRATION** LABOR: $ 200.00 ESTIMATED MATERIALS: $120.00 TOTAL JOB LABOR: $ 2,800.00 TOTAL ESTIMATED MATERIALS: $775.00 DISPOSAL FEES: $ 50.00 TOTAL JOB LABOR & ESTIMATED MATERIALS: $3,625.00 Estimated Scope of Work Labor: $5,070.00 Materials $1,495.00 (Adjustments): $0.00 $0.00 $0.00 Estimate Total: $6,565.00 Acceptance of Estimate This estimate is for completing the job as described below. It is based on a non-invasive, limited evaluation and does not inlcude material cost unless othewise specified or any additional labor and materials which may be required should unforseen problems arise after the work has started. This estimate will be honored by Handyman Connection for 30 days from the date of its origination. The specifications and conditions of the GENERAL TERMS of this Estimate are satisfactory and are hereby accepted. A deposit and progress payments may be requested and payment will be made in full upon completion unless otherwise specified. You are hereby authorized to do the work above, and I agree to the terms herein. I understand all payments are to be made payable to "Handyman Connection". Proposal accepted by: [ Click or Tap to Digitally Sign ] NOTICE OF CANCELLATION You are entitled to cancel the agreement or offer referred to above at any time prior to midnight of the third day, excluding Sundays and holidays, after the day you signed the agreement or offer. In the event you cancel, the seller must return to you (1) any payments made; (2) any goods or other property (or a sum equal to the amount of the trade-in allowance given therefor); and (3) any note or other evidence of indebtedness, given by you to the seller pursuant to or in connection with the agreement or offer. After cancellation, the seller is entitled to receive back from you at your address any goods previously delivered by him or her to you in substantially the same condition as delivered, providing he or she has returned any payments and goods or other property received from you, to the extent indicated above. If the seller does not call for his or her goods at your address within twenty (20) days after you give notice of cancellation, you may keep them as your own. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO: GASLIND, LLC., d/b/a "HANDYMAN CONNECTION', 411 N. 40th St., SPRINGDALE, AR, 72762 within three (3) days of the date of date of this proposal. GUARANTEE For one year from the date of completion of the work, Handyman Connection will repair free of charge, defects in workmanship of labor performed pursuant to this contract. The warranty becomes effective when you make complete payment to Handyman Connection, not to the independent contractor who performs the work. Except as stated in the foregoing two sentences, there are no warranties or guarantees expressed or implied. Handyman Connection shall have no liability for incidental, consequential or exemplary damages. Call the telephone number on Your Estimate for warranty work. Warranty is for labor only and materials are not included. There is no warranty on materials. All materials are provided "As -Is". Handyman Connection expressly excludes any faucet repairs from this warranty. Terms of Agreement ALL payments must be made payable to Handyman Connection. The local, independent franchisee (hereinafter referred to as "Handyman Connection" or the "Company") licenses the name 'Handyman Connection' from its franchisor (the "Franchisor"), and the Franchisor is not made part of this Agreement. Any payment for service made payable directly to a craftsperson or any other party will void all insurance, bonding, guarantees/warranties associated with this contract and may subject the customer ("Customer") to additional charges. The Franchisor is not involved in the actual contract between the Craftsperson, the Company and the Customer. Should the Customer have a dispute with any Craftsperson, service advisor or the Company itself, the Customer must address such dispute with the Company directly. THE CUSTOMER HEREBY AGREES TO RELEASE FRANCHISOR (AND FRANCHISOR'S OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, WITH THIS AGREEMENT, OR WITH THE CUSTOMER'S OTHER DEALINGS WITH ANY CRAFTSPERSON, SERVICE ADVISORS OR THE COMPANY. THE CUSTOMER FURTHER AGREES TO RELEASE AND NOT TO HOLD HANDYMAN CONNECTION, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO THE CUSTOMERS USE OF OR INABILITY TO USE THE SERVICE OR WORK PERFORMED, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY CRAFTSPERSON (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY CRAFTSPERSON, ANY DESTRUCTION OF THE CUSTOMER'S INFORMATION, OR ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDYMAN CONNECTION OR ITS OFFICERS, OWNERS, AFFILIATES OR LICENSORS. UNDER NO CIRCUMSTANCES WILL HANDYMAN CONNECTION, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISINC IN CONNECTION WITH THE WORK PERFORMED, TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HANDYMAN CONNECTION, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HANDYMAN CONNECTION DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. General Terms These Standard Terms apply to the contract between Gaslind LLC., an Arkansas Limited Liability Corporation doing business as "Handyman Connection"® and You, Our customer. All references below to "We", "Us", "Our" or the like refer to Gaslind, LLC., d/b/a "Handyman Connection®, and all references to "You", "Your" or the like refer to You, Our customer as designated on the Estimate. We are an independently owned and operated Handyman Connection® franchisee. These General Terms are a part of the contract between You and Us. By signing the Acceptance portion of the Estimate within 30 days, our Estimate becomes an enforceable contract between You and Us, subject to adjustment as set forth below for unanticipated events or discoveries. The following other terms also apply. A. The Estimate is valid and may be accepted for 30 days from the date We provide it to You. The Estimate will automatically expire unless the "Acceptance" portion is signed and returned to Us within 30 days. B. This price is based on Our current understanding of the work as discussed between Us and You and after a non-invasive examination of the area (s) where work is needed or desired. Unanticipated events and/or discoveries sometimes occur in any remodeling or repair project which cannot be reasonably anticipated and which require additional work to be performed. Should such events and/or discoveries occur, We will notify You, explain the cost or other impact, and provide a proposed written change order. We will perform any additional work only with Your written approval and agreement to pay the charges set forth on the change order. C. Materials. When We agree to be responsible for obtaining materials (as designated on the Estimate), You agree to provide timely and sufficient detail regarding the material selection, including, but not limited to, color, texture, style and quality. A deposit will be required. All materials are provided in their "As Is" condition. Our warranty does not cover materials. Should the material fail to perform properly or to Your expectations or desires, or if you are otherwise dissatisfied with any materials, You will be responsible for the cost of new materials and for Our fees for repairing, or removing and replacing, the defective materials. D. You will be responsible for obtaining all required permits, licenses and inspections unless otherwise specified on the Estimate. If We agree to obtain such permit or license, You shall reimburse Us for those costs and expenses. E. All payments are due and payable on the date(s) stated in the Estimate or, if no due date(s) is/are stated in the Estimate, payment in full is due immediately upon completion of the job. Payment must be made to "Handyman Connection"& Any payment of any kind to a craftsman is a violation of Your contract with Us, voids all warranties associated with Our work, does not satisfy the payment due under Your contract with Us, and may subject You to additional charges and/or liabilities. A surcharge of $35 (or the max. allowed by law) will be assessed on all returned checks and all reversed credit card charges. You agree to pay all collection fees, legal fees and court costs in any and all legal proceedings between You and Us if We are the prevailing party in those proceedings. Interest on unpaid balances shall accrue at the rate of 10% per annum or the highest legal percentage allowed by law, whichever is less. F. You acknowledge that We may engage independent contractors to perform the work specified on the Estimate. The craftsman doing this work is not authorized to make any representations, warranties or agreements other than those expressly set in our written contract with You and any such purported representations, warranties and agreements are hereby disclaimed and will be unenforceable against Us. G. The terms of Our sole and exclusive warranty are shown below. The warranty is for labor only and does not cover materials associated with the work. All materials are provided "As -Is". Incomplete payments, for any reason, nullify the warranty. Warranty repairs do not extend the original one- year warranty. No warranty will be given to work performed on rental or income producing property unless specifically agreed in writing as an amendment to the Estimate. Our warranty does not cover any faucet repair or rebuilding. You understand that performance of Our work is subject to inherent limitations of attempting to match paint, textures, stain or other existing conditions. Our express warranty on labor is exclusive. All implied warranties such as merchantability and fitness for particular purpose are disclaimed. Our warranty is not transferable. We are not responsible for any consequential, incidental or exemplary damages. H. By signing the "CUSTOMER APPROVAL OF WORK PERFORMED" portion of Estimate, You are acknowledging and agreeing that Our work is fully and properly performed to Your complete satisfaction. I. All amendments to the scope of work on the Estimate must be in writing, dated and signed by one of Our authorized representatives and You. J. Arkansas law shall govern our contract. All litigation shall be brought in either Washington or Benton County in Arkansas. K. The Estimate and these General Terms shall be deemed to be jointly prepared between You and Us.