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Contract

Date:               

 

Proposal for:                                                

 

Job Title:                                                        

 

SEALCOATING (         SF):

  1. Clean areas to be sealed by removing all loose dirt and debris with high powered blower
  2. Piles of dirt, mulch, dumpsters, etc. to be removed by Customer
  • Ground in dirt or debris which is not removable with a high powered blower must be removed by owner.
  1. Apply Sealer (Force, Petroleum Resin Sealer) The Sealer will contain apx. 2 lbs. of silica sand per gallon, along with a Rejuvenator Additive which is designed to soften the brittle asphalt and improve the asphalt cement’s ability to bind with the aggregate. It also contains a drying agent to allow traffic on the newly sealcoated area faster than the traditional 24- hour period.
  2. All Materials meet Federal Specifications.

 

Service Price:                  $                     

 

STRIPING:

  1. Layout and Paint proposed Pavement Markings to existing conditions using one coat of Fast Dry 1953B Traffic Paint.

 

Service Price:                   $                     

 

CRACK FILLING (       LF):

  1. At the customers direction, Contractor will identify the isolated cracks less than 1/4” wide for repair . This proposal is for LF.
  2. Areas will be filled to a maximum depth of 1”. Cracks which are deeper than 1” cannot be effectively filled with this application.
  • Clean the isolated cracks by power blower and/or high pressure air. Dispose of all debris offsite.
  1. At cracks less than 1/8” wide but less than 1″, fill with hot pour rubberized crack filler in areas of repair to finished grade of existing surface one time only. Filler to be applied to dry surfaces. Filler may not be flush with asphalt surface to allow for expansion and contraction.
  2. If the customer would like additional crack fill over it will be charged on a change order at the unit price of $ .70 per LF not to exceed the amount directed by the customer on the change order.

 

NOTE: At areas of severe separation (wider than 1” and deeper than 1”), crack filler may penetrate and shrink below the finished asphalt surface. “Alligator” areas should be addressed as sawcut cracks or full-depth asphalt restoration.

Some Shrinkage will occur, alligatored areas are excluded from Repair Quote.

Contractor and Owner acknowledge that every crack on the project site will not be covered. Incidental cracks smaller than the 1/16” wide, will only be filled at the customers direction. The linear feet of crack fill proposed in this estimate is for the cracks that Contractor deems most necessary, and may not reflect all of the cracks that the customer Intends to be filled. If the customer desires to have certain cracks filled, the customer must walk the lot with Contractor.

 

Service Price:                  $                     

 

 

Paving (          SF):

  1. Saw cutting and removal of specified areas.
  2. Re-grading of underlying and/or existing stone base to support the asphalt with a compacted 3” base.
  • Pouring and leveling hot mix asphalt at 3”, compacted to 2.5” finish.

 

Service Price:                  $                     

 

Concrete (      SF):

  1. Saw cutting and removal of specified areas.
  2. Re-grading of underlying and/or existing stone base to support the concrete with a compacted 4” base.
  • Pouring and leveling concrete mix up to 6” finish.

 

Service Price:                  $                     

 

 

COMPLETE BID PRICE                                                  $            

 

 

Owner Bid Authorization:                                                  

Owner Name:                Allen F Lambert III                         

Sales Agent:                                                                      

Agreeing Customer Signature:                                           

Agreeing Customer Name:                                                 

 

 

 

 

 

NOTES:

  • Cars must be moved from the work area by 7:30 a.m.
  • It is the responsibility of Customer to arrange and pay for any vehicles that aren’t moved before the designated time
  • If Contractor is delayed to no fault of their own there will be a $150/Hour Charge

 

 

EXCLUSIONS: The following items are excluded from the proposal, unless they are specifically provided in the scope of work detailed in the proposal.

 

  • Engineering and layout.
  • All Work Not included in Civil Drawings (Architectural, MEP, Structural Drawings etc.)
  • Rails / Handrails / Gates / Fences
  • Thermoplastic Pavement Marking
  • MOT/Traffic Control Plan (except where explicitly listed in scope)
  • Footers; Retaining walls
  • Exposed Aggregate Concrete
  • Clearing, grubbing and selective tree removal.
  • Permits, fees, testing, bonds.
  • Undercutting and backfilling, site grading, offsite haul or borrow.
  • Inlet throats and adjustment of utilities.
  • Rock excavation, removal or blasting; Removal of similar man-made obstructions.
  • Sheeting, shoring, bracing, underpinning and removals/cut-off.
  • Furnishing of topsoil, spreading or re-applying of topsoil.
  • Soil poisoning, herbicide.
  • Installation and protection of waterproofing, drainage board and filter cloth.
  • Handling and/or removal of hazardous, toxic or contaminated substances.
  • Sediment/erosion controls, maintenance and removal.
  • Colored concrete, match texture or color of existing concrete or proposed pre-cast features.
  • Responsibility for damaged waterproofing
  • Pumping and dewatering systems.
  • Sodding, temporary or permanent seeding, mulching, landscaping.
  • Excavation and backfill for mechanical and electrical work.
  • Underdrains and foundation drainage systems.
  • Porous or special gravel fills and backfills.
  • Knowledge of addenda, specifications and soils report.
  • As-Built drawings.
  • Responsibility for damage to existing asphalt or concrete pavement due to required access by our trucks and equipment.
  • Responsibility for cold seams and asphalt raveling due to work being performed in temperatures below 50°
  • Any work not shown on the drawings, i.e., concrete, pavers, etc.
  • Davis-Bacon Wage Rates.
  • Scarify or proof roll sub grades.
  • Prime coat (no stone base specified)
  • Towing and/or removal of vehicles or equipment
  • Night & Weekend Work (work is to be done during normal business hours)

NOTES:

  • Our proposal is based on performance and completion of our scope of work in a maximum of one Additional mobilizations required beyond the control of Xsealer Asphalt Maintenance LLC. will be billed as an increase to the base contract.
  • Additional handling, aeration, disposal and/or borrow resulting from conditions beyond the control of Xsealer Asphalt Maintenance, will be chargeable expenses.
  • This is a package proposal.
  • This proposal is based on having adequate access to all areas of our work for necessary trucks and equipment.
  • Due to rising fuel costs and liquid asphalt, prices for this project are valid for a period of 30 days upon receipt of proposal. Prices are subject to change to cover escalation in costs for materials.

 

TERMS AND CONDITIONS

This Proposal/Contract (“Contract”) shall be binding only when signed by an authorized representative from Xsealer Asphalt Maintenance LLC, herein referred to as “Contractor”, and by an authorized representative from your firm, herein after referred to as either “Customer” and/or “Customer.” This “Contract” constitutes the entire agreement between the parties, there being no covenant, promise or agreement, written or oral, except as specified herein.

PAYMENT TERMS: All amounts are due and payable upon completion of work. The Customer agrees to pay 1.5% interest per month (18% annual rate) on any unpaid balance(s) over 10 days from the date indicated on the invoice. In the event that Contractor incurs collection costs on any past due monies, Customer agrees to pay reasonable attorney’s fees and any other collection costs incurred by Contractor. If Contractor does not receive full payment (including aforementioned late charges) within sixty (10) days from final invoice date, all warranty rights will be waived.

NOTE: Before any work commences, adequate financial arrangements must be presented to Contractor accounting department as evidence that the project is covered by a Labor and Materials Payment Bond and/or in addition to any existing Performance Bonds or Letter of Credit, satisfactory funds exist for payment to Contractor for services rendered. You must also furnish the name of the Customer and a legal description of the property where said services are to be performed. Failure to meet these requirements will result in our withdrawal of this “Contract” and will void this “Contract.”

SITE CONDITIONS: The Customer represents and is responsible for making sure that all site conditions are clear of dirt and debris and are in proper order for Contractor to perform their work and will maintain safe access to the Work site at all times. If, in the course of performing the scope of Work, Contractor is impeded by site conditions caused by others, Contractor shall notify the Customer of such conditions and the Customer shall take immediate actions to correct any/all site problems, at Customer’s expense.

CHANGE ORDERS: Extras and/or change orders will be performed on a time and material or negotiated basis. CONTRACTOR standard change order forms with all included mark-ups will be used and when signed by the Customer, superintendent, foreman or any other agent, servant or employee on behalf of the Customer, will be deemed acceptable by the Customer and represented as a legitimate extra to the “Contract.” All Rental(s) and/or T&M invoices will be billed separately and shall be paid separately and not as a change order to the “Contract.”

TRAFFIC CONTROL: Maintenance of traffic is not included. Any/all traffic control is the responsibility of the Customer, unless otherwise specified in the “Contract.”

HAZARDOUS MATERIALS: Contractor specifically disclaims any liability and/or responsibility for any existing or future hazardous materials on the property and/or hazardous material violations pursuant to any Federal, State and/or Municipal ordinance and/or common law tort/contract theory regarding and/or any amendments and/or change orders. The Customer, where Contractor specifically warrants that the subject property is free of hazardous material, agrees to indemnify and hold harmless Contractor and its subcontractors from any claims, suits, settlements and/or judgments which Maybe filed, assessed, settled by agreement and/or entered plus all costs, expense and attorney’s fees actually incurred in the investigation, defense, settlement and/or satisfaction thereof.

WEATHER CONDITIONS: Per the National Asphalt & Paving Association (NAPA) specifications temperature must be 50 degrees for a 24 hour period and rising for installation of surface material and 39 degrees and rising for base asphalt installations. Contractor will not proceed with installations outside of these conditions unless specifically directed by customer/contractor, who agrees to void any and all warrantee obligations relating to failures of asphalt in both appearance and structure.

 

 

PERMITS: The Customer agrees to obtain and assume the costs for all required permits necessary for performance of the Work. Customer further agrees that any/all utilities, such as utility lines, manholes, gas lines, poles, etc. shall be on approved grade and alignment and properly staked prior to the performance of Work. Customer shall be responsible for securing engineering reports, land surveys, and establishing and clearly defining, all areas of Customer’s property to be surfaced. Customer will be held responsible for securing all permits, licenses and surveys prior to the commencement of said work, and releases Contractor from any/all liabilities resulting in delays or failure to secure necessary documents. Furthermore, any non-specific utilities (“house utilities”) located on the job site such as, house lights, underground cables, traffic sensors, or any other sub-surface utilities not listed with Miss Utility or any other utility based organization, is the responsibility of the customer and Contractor is not responsible for any damage to these items. Furthermore, customer agrees to correct any problems to these “house utilities” at customer’s expense and will do so in a timely manner not to delay schedule. Contractor is not responsible for any design or engineering of the site conditions.

BONDS: Unless specifically included in this proposal, all Performance, and/or Payment Bonds are excluded.

MOBILIZATIONS: This proposal includes a maximum of x mobilizations; and x for all striping and signage work. Additional Mobs (Mobilizations) required by the Customer will incur additional charges. See Commencement of Work paragraph below for rates.

DAMAGES: Contractor must be notified in writing of any alleged damage(s) to existing items within 48 hours of occurrence. If Contractor is not notified within 48 hours, it is agreed that Contractor will not be responsible for nor will Contractor suffer any back charge(s) from Customer regarding the alleged damage. Contractor is not responsible for damage(s) due to strikes, fires, accidents, acts of God or any other causes beyond Contractor control. If Contractor is delayed at any time by an act, breach or neglect as a result of the Customer or Customer’s Agent, or from an employee of either, or by a separate contractor engaged by the Customer, or by changes in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond Contractor’ control, then the Approximate Date of Completion shall be extended by a reasonable period of time to reflect the time Contractor was so delayed. It is also understood that Contractor may use heavy trucks and equipment in the performance of the work. Contractor is not responsible for damage(s) to surrounding asphalt or concrete due to the use of these vehicles during normal construction activities.

WARRANTIES: The seal coat warranty is for the sealer only. Contractor does not proclaim that it will keep that asphalt from further damage. It will slow down the natural deterioration process, help keep out moisture, and the damaging ultra violet rays from the sun. Sealcoat is designed to be part of the asphalt maintenance process, and should be noted it is not intended to take the place of other maintenance requirements.   Contractor shall furnish the Customer with any warranties (if any) supplied by manufacturers on any materials installed by Contractor under this “Contract.” The parties agree that Contractor is not an agent or representative of the manufacturer and Contractor shall not be held responsible for any claims or requests for service under the manufacturer’s warranty. All materials are warranted to be as specified and all Work is to be completed in workmanlike manner according to standard practice in the industry for a period of One ( 1) year. In the event of any defects in asphalt surface due to faulty materials or workmanship, Contractor will repair such surface, or parts thereof, at its expense provided Customer so notified Contractor during the One -year period from date of completion. Due to the nature of materials used and curing rates, such corrections may be noticeable upon repair. Reasonable efforts will be taken to blend these areas with the adjacent areas; however, time is the best solution for proper blending. This limited warranty does not apply: (i) to the extent Customer fails to properly care for and use asphalt/concrete surfaces; (ii) to cracks or other defects resulting from installation over surfaces not provided or installed by Contractor; (iii) abnormal vehicular, heavy equipment, tire chains, snow-plow use or constant exposure to oil, fuel, solvents or other chemicals; (iv) sealants or other materials applied to such surface or unauthorized repairs made by persons other than Contractor; (v) events, occurrences or other factors beyond Contractor’ control (i.e. severe weather, earthquake, tree roots, vandalism, individuals entering the area before appropriate cure time etc.) ; (or (vi) Customer is in default of financial obligation under this Agreement. This limited warranty is not transferable to any subsequent customer of the property. THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY CONTRACTOR AND THERE ARE NO OTHER WARRANTIES OTHER THAN AS STATED HEREIN, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER NATURE, WHICH ARE HEREBY EXPRESSLY EXCLUDED, AND THE REPAIR OF A DEFECTIVE ASPHALT SURFACE BY CONTRACTOR SHALL BE THE CUSTOMER’S SOLE REMEDY THEREFORE, AND IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES EXCEEDING THE TOTAL CONTRACT PRICE.             

BREACH OF CONTRACT: In the event that the Customer is in breach of this “Contract,” and such breach is not cured within five (5) days written notice from Contractor, in addition to any other remedies which CONTRACTOR May have under law or equity, CONTRACTOR May elect to either suspend or terminate its obligation to further perform any of its obligation under this Agreement, and shall be immediately paid for all Work performed CONTRACTOR up to the time of such election.

COMMENCEMENT OF WORK: Customer agrees to notify CONTRACTOR at least twenty-four (24) hours prior to the scheduled time for commencement of the Work if the Work cannot be commenced at scheduled time. In the event of failure of Customer to provide said notification, Customer agrees to pay the following charges as damages for Customer’s failure it being agreed by the parties that the exact amount of damages sustained by CONTRACTOR will be difficult to determine or ascertain: (a) Asphalt patching and paving – Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) per job; (b) Sealcoat application – Two Thousand and 00/100 Dollars ($2,000.00) per job; (c) Pavement markings – Three Hundred Fifty and 00/100 Dollars ($350.00) per job; (d) Concrete work – Two Thousand and 00/100 Dollars ($2,000.00) per job; (e) Excavation and/or grading – One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per job. Notwithstanding said payments, the “Contract” shall remain in full effect and the above damages shall be paid within seven (7) days from the date incurred and shall be in addition to the payments due under the “Contract.”

CHANGES TO PLANS: This “Contract” is based on plans given to CONTRACTOR, Inc. Any subsequent changes in the plans, which in our opinion affect the contract price, will be invoiced to the Customer as an extra to the “Contract” at prices to be negotiated. The Customer shall notify CONTRACTOR immediately of any such changes.

SCHEDULING: CONTRACTOR requires a minimum of five (5) working days to schedule said work.

APPROXIMATE DATES: In the event this “Contract” is accepted and returned to CONTRACTOR within five (5) days of the date stated above, the following Approximate Dates shall apply. Otherwise, the parties shall agree on new Approximate Dates. This “Contract” May be withdrawn if not accepted within thirty (30) days.

 

 

BASE BID PRICE                                                                                  $                        

 

 

DATE:                        

 

 

 


 

Approximate Date of Commencement :                              Approximate Date of Completion:                                       

 

 

 

I have read and I understand and agree to all above-listed terms and conditions:

 

 

 

 

                                    Authorized Signature: ___________________________________________ DATE:_____________

 

 

Print Name and Title: _____________________________________________:

 

 

Xsealer Asphalt Maintenance LLC:

 

 

 

Authorized Signature: ___________________________________________ DATE:_____________

 

 

Print Name and Title: _____________________________________________: