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HomeMy WebLinkAbout2012-03-27 City Council Agenda Item No. 08REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PAT KILROY INTERIM CITY MANAGER DATE: MARCH 27, 2012 Mal V On November 8, 2011, City Council approved the recommendation for one-time expenditures related to the General Fund budget savings in Fiscal Year 2010-2011, including the McVicker Park Parking Lot Project budgeted for $40,885 from the CI Fund. Discussion McVicker Canyon Park parking lot is in immediate need of repairs. The condition of the lot requires: • Removal and replacement of approximately 2,176 square feet of broken and/or deteriorating asphalt to a depth of 4 inches (and haul spoils to legal dump site). • Clean cracks of debris and vegetation and fill approximately 2,300 lineal feet of cracks, 1/4 inches and wider, with hot rubberized crack filler material. • Place seal coat material over existing asphalt paving area totaling approximately 105,800 square feet. • Re-stripe and re-stencil asphalt paving as per the existing layout. Three proposals were received from licensed Asphalt Maintenance Contractors and the lowest bidder was Nelson Paving and Sealing NPG, Inc. t1telson Paving and Sealing NPG, Inc. $22,075.0 - American Asphalt South, Inc. $31)264.2 Caliber Paving Company, Inc. $402885.01 Award of Bid for McVicker Parking Lot Repairs March 27, 2012 Page 2 I - Approval of this item will reduce the cost for the project to $22,075. 111111me: City Council approve the Award of Bid to Nelson Paving and Sealing NPG, Inc. for McVicker Canyon Park parking lot repairs for the amount of $22,075. Prepared by: Claudia Davis Parks and Recreation Analyst Approved by: Pat Kilroy Interim City Manager Attachments: Bid Proposals: • Nelson Paving and Sealing NPG, Inc. • American Asphalt South, Inc. • Caliber Paving Company, Inc. PH. (760) 320-9600 Desert Division PH. (951) 940-0200 FAX (951) 940-9192 www.npgasphalt.com ESTIAM TE 1PROPOSAL ESTIMATE TO (Client) City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Attention: Leo Solorzano Phone: 951-674-8594 Fax: 951471-1251 E-mail: PROJECT: Asphalt Maintenance LOCATION: McVicker Park 29355 Grand Ave. Lake Elsinore, Ca. Isolorzano@lake-elsinore.org Estimator: RS NELSON PAVING & SEALING {hereinafter called 'ContrActor) quotes the followhog estimate to Client for furnishing Cie ruatcuials, labor and perfurming the work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate. REMOVE & REPLACE ASPHALT *Base Bid Items 1-9 1. Saw cut approx. 2,176 sq. ft. of asphalt up to 4", remove saw cut area and dispose of legally. 2. Place SS-IH material prior to placement of asphalt material. 3. Furnish and place 4" of PG64- 10 asphalt material in order to patch 2 areas totaling approx. 2,176 sq. ft. CRACK-FILL, SEAL & RE-STRIPE 4. Clean existing asphalt paving as needed prior to placement of seal coat material. 5. Clean approx. 2,300 In. ft. of cracks "A" and wider free of debris and vegetation with high pressure blowers and fill cracks with Crafco hot rubberized crack filler material. 6. Treat oil spots with an oil sealer. 7. Furnish and place I coat of GoldCoat HP 3 100 seal coat material over existing asphalt paving area totaling approx. 105,800 sq. ft. "Note: NPG Corporation highly recommends a 2nd coat of HP 310 seal: If a second coat of GoldCoat HP 310 Seal(D is desired there will bean additional o f 4,230.00.,)/,6- Initial If Accepted 8. Re-stripe asphalt paving as per existing layout with 194 single line stalls, 6 handicaps, 5 cross hatches an approx. I In. ft. of red curbing. 9. Re-stencil as per existing layout with 5 ea. 12" "No Parking". Total Base Bid Items 1-9: $17,845.00 De- "Note: Please visit our website at www.goldstarasphalt.com "Note: Price is valid through June 30th, 2012. "Note: Price includes prevailing wages. "Note: Project will be completed in I move-in, Monday - Friday. "Note: Excludes working weekends or holidays, notifying public or sporting teams, etc., repairing damaged wheel stops, ADA upgrades to handicap parking or signs. "Note: All quantities are per city specs, any additional quantities to be added per unit pricing. SPECIAL CONDITIONS NPG warranties all materials /workmanship for one year from date o(tfi­sMfls0w6_er/Contractor to accept NPG's insurance limits. Progress billings upon completion of work completed- Payment is s due in full upon completion of contract work. No retention to be held. Past due accounts will be charged a finance charge of I V?/o/annual percentage of 18% applied to the previous balance after deducting; current payments and credits. If NPG engages a collector or attorney at law to collect the purchase price or any part thereof, purchaser agrees to pay all fees and expenses, including court incurred ncurred by NPG Corporation in collection of said debt- Client also agrees to pay a $850.00 lien filing fee, or a $850.00 stop notice filing fee if needed to collect said debt, NPG Corporation if Start date to be negotiated upon signing of contract. Upon acceptance of proposal, preliminary information must be provided. NPG is not responsible for any tracking of asphalt, etc. Bid is based upon one move -in unless otherwise noted, cost of additional moves will be negotiated as they occur. Client terms, purchase order,subcontract,and/or credit approvals must comply with all NPG's terms,condt tions, or warranties unless otherwise noted. if clients terms do not comply contract will be cancelled. Certificate of Insurance will only apply to work that NPG is performing. Excludes engineering, staking, soil testing, permits, construction water, handling/disposal of buried or hazardous materials, handling/disposal of rocks, removal/re location ofutilities/irrigation, replacement of landscaping, backfill of curbs, import /export, home owners notification, erosion control, and dust control, unless noted in bid. ANY change order work that is short paid or not paid after it has been agreed upon will cause warranty to be null and void upon NPG's discretion. All costs associated with the implementation and maintenance of the "Storm Water Pollution Prevention Plan" will be billed on a time and material basis plus 20% overhead, if required. All costs and responsibilities for implementing and maintaining a Fugitive Dust ­PM 10" mitigation plan and/or N.P.D.E.S., by others. All items will be billed at unit cost or contract amount whichever is greater, Price excludes prevailing wage unless otherwise noted. All public works projects, once NPG scope of work is 100% completed - retention may only he held for a period of60 days max, ESTIMA TED BASE BID .......................................................................................... S17p845.00 NOTICE- The foregoing does not constitue an offer, unless the formal Proposal appearing on the reverse side hereof is signed by a duly authorized representative of contactor (also see paragraph 2 on the reverse side hereof). If rough grading is done by others, it shall be furnished to us within one-tenth foot, plus or minus, of finished sub grade elevation (also see paragraph 6 on the reverse side hereof). The standard terms and conditions on the reverse side are of this estimate are part ofthis agreement. CONTRACT# 44-2463 NPG INC NPG CORPORATION Www= 1354 Jet Way si"Co 1961 Your Assuroage Perris, CA 92571 of Qua Cont. Lie. #664779 We Handle All Phases of Asphalt DATE: 3/6/12 Attention: Leo Solorzano Phone: 951-674-8594 Fax: 951471-1251 E-mail: PROJECT: Asphalt Maintenance LOCATION: McVicker Park 29355 Grand Ave. Lake Elsinore, Ca. Isolorzano@lake-elsinore.org Estimator: RS NELSON PAVING & SEALING {hereinafter called 'ContrActor) quotes the followhog estimate to Client for furnishing Cie ruatcuials, labor and perfurming the work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate. REMOVE & REPLACE ASPHALT *Base Bid Items 1-9 1. Saw cut approx. 2,176 sq. ft. of asphalt up to 4", remove saw cut area and dispose of legally. 2. Place SS-IH material prior to placement of asphalt material. 3. Furnish and place 4" of PG64- 10 asphalt material in order to patch 2 areas totaling approx. 2,176 sq. ft. CRACK-FILL, SEAL & RE-STRIPE 4. Clean existing asphalt paving as needed prior to placement of seal coat material. 5. Clean approx. 2,300 In. ft. of cracks "A" and wider free of debris and vegetation with high pressure blowers and fill cracks with Crafco hot rubberized crack filler material. 6. Treat oil spots with an oil sealer. 7. Furnish and place I coat of GoldCoat HP 3 100 seal coat material over existing asphalt paving area totaling approx. 105,800 sq. ft. "Note: NPG Corporation highly recommends a 2nd coat of HP 310 seal: If a second coat of GoldCoat HP 310 Seal(D is desired there will bean additional o f 4,230.00.,)/,6- Initial If Accepted 8. Re-stripe asphalt paving as per existing layout with 194 single line stalls, 6 handicaps, 5 cross hatches an approx. I In. ft. of red curbing. 9. Re-stencil as per existing layout with 5 ea. 12" "No Parking". Total Base Bid Items 1-9: $17,845.00 De- "Note: Please visit our website at www.goldstarasphalt.com "Note: Price is valid through June 30th, 2012. "Note: Price includes prevailing wages. "Note: Project will be completed in I move-in, Monday - Friday. "Note: Excludes working weekends or holidays, notifying public or sporting teams, etc., repairing damaged wheel stops, ADA upgrades to handicap parking or signs. "Note: All quantities are per city specs, any additional quantities to be added per unit pricing. SPECIAL CONDITIONS NPG warranties all materials /workmanship for one year from date o(tfi­sMfls0w6_er/Contractor to accept NPG's insurance limits. Progress billings upon completion of work completed- Payment is s due in full upon completion of contract work. No retention to be held. Past due accounts will be charged a finance charge of I V?/o/annual percentage of 18% applied to the previous balance after deducting; current payments and credits. If NPG engages a collector or attorney at law to collect the purchase price or any part thereof, purchaser agrees to pay all fees and expenses, including court incurred ncurred by NPG Corporation in collection of said debt- Client also agrees to pay a $850.00 lien filing fee, or a $850.00 stop notice filing fee if needed to collect said debt, NPG Corporation if Start date to be negotiated upon signing of contract. Upon acceptance of proposal, preliminary information must be provided. NPG is not responsible for any tracking of asphalt, etc. Bid is based upon one move -in unless otherwise noted, cost of additional moves will be negotiated as they occur. Client terms, purchase order,subcontract,and/or credit approvals must comply with all NPG's terms,condt tions, or warranties unless otherwise noted. if clients terms do not comply contract will be cancelled. Certificate of Insurance will only apply to work that NPG is performing. Excludes engineering, staking, soil testing, permits, construction water, handling/disposal of buried or hazardous materials, handling/disposal of rocks, removal/re location ofutilities/irrigation, replacement of landscaping, backfill of curbs, import /export, home owners notification, erosion control, and dust control, unless noted in bid. ANY change order work that is short paid or not paid after it has been agreed upon will cause warranty to be null and void upon NPG's discretion. All costs associated with the implementation and maintenance of the "Storm Water Pollution Prevention Plan" will be billed on a time and material basis plus 20% overhead, if required. All costs and responsibilities for implementing and maintaining a Fugitive Dust ­PM 10" mitigation plan and/or N.P.D.E.S., by others. All items will be billed at unit cost or contract amount whichever is greater, Price excludes prevailing wage unless otherwise noted. All public works projects, once NPG scope of work is 100% completed - retention may only he held for a period of60 days max, ESTIMA TED BASE BID .......................................................................................... S17p845.00 NOTICE- The foregoing does not constitue an offer, unless the formal Proposal appearing on the reverse side hereof is signed by a duly authorized representative of contactor (also see paragraph 2 on the reverse side hereof). If rough grading is done by others, it shall be furnished to us within one-tenth foot, plus or minus, of finished sub grade elevation (also see paragraph 6 on the reverse side hereof). The standard terms and conditions on the reverse side are of this estimate are part ofthis agreement. Proposal - Contract NPG Corporation ( "Contractor" andl or "NPG ') proposes to furnish the material and labor to perform the work specified in the estimate, appearing on the reverse side hereof and incorporated herein by reference, at the site therein designated for and the contract price therein estimated upon the following terms and conditions: STANDARD TERMS AND CONDITIONS (These are all part of your contract - PLEASE READ THEM CAREFULLY) 1. This proposal is subject to Client's written acceptance and will be delivered to NPG within ten days from date of estimate. If not accepted within} such time, this proposal is subject to change or withdrawal until the bidlcomtract is accepted by Client and approved by NPG. Terms of Client purchase orders, subcontracts, and/or credit approvals must comply with NPG Corp.'s standard terms and conditions and any special terms, conditions or warranties. 2. UNLESS OTHERWISE SPECIFIED HEREIN, THE CONTRACT PRICE SHALL BE NET US FUNDS, PAYABLE AT CONTRACTOR'S OFFI CE (AS SHOWN ON REVERSE HEREOF) UPON COMPLETION OF WORK PAID BY CHECK OR ARRANGED FUNDS. Total amount due for unit price bids shall be determined by field measurement upon completion of work. If installment payments are provided for and the Client fails to pay an installment promptly when due, the Contractors, at its option, may declare the whole amount of said contract to be paid immediately and may refuse to continue work until payment in full is received. Alternatively, Contractor may also refuse to continue work until satisfactory security is given to the Contractor to ensure future prompt payment of installments. 3. Upon acceptance of the proposal by the Client and approval of the Contractor, it will become the entire agreement between the parties, notwithstanding any written or oral communications or negotiations. There are no covenants, agreements, representations, inducements, guarantees or warranties not herein expressly contained. The prices stated do not include any items of work not specified herein, and any additional items of work to be done at the Client's request will be billed as extra work. All material & labor prices valid for 30 days unless specified on contract. 4. Should Client default hereunder, Client agrees to pay the Contractor an $850.00 lien filing fee, or an $850.00 stop notice filing fee as well as any and all costs incurred in collecting any balance owed. This dollar amount will be added to the fast billing of the project. Any Mechanic's Lien release will be executed by the Contractor and the Client shall be responsible for recording the action. Return NSF items are subject to 50.00 surcharge fee. 5. Upon completion, Client agrees to inspect work immediately and issue acceptance to the Contractor, providing the work has been completed according to the terms of contract. If work is not inspected upon completion, it is hereby agreed that the work was approved and payment will be forwarded. Any corrections must be submitted to NPG by email to inelson npgasphalt.com. 6. The contract resulting from acceptance of this proposal is made in contemplation of latent conditions of the site and of existing economic conditions and not in anticipation of extraordinary inflation, depression, economic change, war or latent conditions of the site unknown to the Contractor. Contractor is not responsible for any delays or interruption of the work or for failure in performance, in whole or in part, by the Contractor caused by impossibility of performance, or by economic or commercial frustration attributable to any circumstance or event of which could not have been reasonably foreseen by the Contractor. Nor are they responsible for any delays or interruption of work on account of transportation difficulties, governmental regulation of materials or labor, priorities of any kind, strikes, lockouts, boycotts, and differences with employees, acts of God or other causes beyond Contractor's control. 7. All permit and inspection fees paid by the Contractor to any public body by reason of the work hereunder shall be billed separately and not as a part of any of the prices stated herein. Such items shall be treated as an extra, and as such, will be subject to surcharges of 15 %fl for overhead, plus 15 %n for profit. All excise, priv ilege, occupation, sales, personal property and other taxes (whether federal, state, or local) applicable to the sale, purchase, use, installation or ownership of material to be applied by Contractor hereunder, and for the payment or collection of which Contractor is !iable, shall be added to the net contract price herein specified and shall be paid by the Client whether specifically set forth in the estimate or not. 8_ If fills or rough grading of the site are to be made by others, the site must be left for Contractor at an elevation within one -tenth foot plus or minus of finished sub -grade elevation with material that will readily provide a firm and stable sub - grade. NPG is not responsible for water discharge of any area that has less than 2 % fall, otherwise ponding is subject to occur. 9. Boundary line surveys and civil engineering (including, but not limited to setting lines and grades. and staking) requiring the services of a licensed civil engineer, if necessary, shall be provided by Client or at Client's expense, in addition to the contract price. Contractor assumes no responsibility for the correctness of such survey or civil engineering. Client assumes full responsibility for design of grade, provision for drainage and discharge of waters from the site, and Contractor shall have no liability or responsibility thereof. Should any such responsibility be placed upon Contractor by agreement, circumstances, or operation of Iaw, or if engineering services by Contractor's employees are necessary to proper performance of the work, then the cost plus 15% thereof for overhead and 10 %a of the cost including overhead for profit of fulfilling such responsibility or performing such engineering services or both shall be chargeable to the Client as an extra. 10. Contractor warrants that the materials to be furnished hereunder will be as specified or equal, and that all work shall be done and performed in a good and workmanlike manner. Contractor expressly assumes no responsibility for failures of work caused by the settling of fills placed by others, whether caused by the use of improper fill materials or otherwise. NPG is not responsible for any damages that are caused by others (vehicles driving or people /pets walking through barricaded areas etc.). These will be repaired at owner's expense. 11. Contractor shall not be obligated to perform extra work or supply rental equipment without specific authorization from Client or Client's representative. Client is to have someone of authority on project site at all times. Any questions regarding specifications, scope of work or procedure will be referred to that representative. NPG will not be responsible for extra costs resulting from directions and/or changes made by an inspector and/or resident engineer. All such costs will be the responsibility of the customer. During the course of the contracted worts, any existing asphalt damaged by the contractor's equipment due to insufficient support of asphalt structure will be billed as an extra for repairs. Repairs of these areas are in no way to be a part of the base bid. Client is responsible for turning off flowerbed water and/or inrigation systems prior to contractor's arrival and during course of work_ 12. NPG will only indemnify client when asked on subcontract for the work being performed on said contract. NPG will not pay attorney fees for others in lawsuits or losses at all. NPG's Certificate of Insurance is for the scope of work being performed under said contract only. 13. Special conditions imposed by any permits issued to owner and not noted on the plans or specifications will not be considered in this scope of work. Any and all engineering, construction surveying, testing, and inspection fees are to be paid by client. in the event a section of paving and/ or base changes; new prices will be renegotiated. Any conditions not caused by contractor that may require the shutdown of work or requiring an extra move in will be billed as extra work per our T &M rate sheet online at www.npgaspha#t.com Rates will have a mark up of 10% profit and 10% overhead which will be added in the office billing. 14. NPG is not responsible for existing asphalt breaking up due to soft sub - grade; this shall become a negotiated item. Quantities used are approximate and are subject to physical measurement and corrections. If necessary, changes will be made with unit prices applying. Water is to be (umished to on site source by others. Applying water is included. All vehicles and obstacles are to be removed from area prior to contractor's arrival. Contractor is not responsible for scuffing due to power steering and/or hot weather. Contractor cannot guarantee adhesion of material to heavily oil soaked pavement. Longer dry time may be needed due to cold and/or wet weather. All cracks are subject to re- opening at any time, and there is no guaranteelwarranty applying to crack filling. Concrete and asphalt are both subject to expansion and contraction of cracks due to earth movement evert in areas that have been previously completed or are new installations. Contractor is not responsible for residual cracking due to expansion and/or contraction of pavement. Contractor is not responsible for damage to any underground lines, cables or plumbing that may be in direct line with the job site. NPG Corporation accepts no responsibility for ADA compliance and will indemnify itself and its officers from any lawsuits arising from any trip and fall hazards etc., as owner shall accept all responsibility. 15. ARBITRATION OF DISPUTES: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE CONSTRUCTION INDUSTRY ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. CLAIMS WITHIN THE MONETARY LIMIT OF THE SMALL CLAIMS COURT SHALL BE LITIGATED iN SUCH COURT AT THE REQUEST OF EITHER PARTY, SO LONG AS BOTH PARTIES LIMIT THEIR RIGHT TO RECOVERY TO THE JURISDICTION OF THE SMALL CLAIMS COURT. ANY CLAIM FILED IN SMALL CLAIMS COURT SHALL NOT BE DEEMED TO BE A WAIVER OF THE RIGHT TO ARBITRATE, AND IF A COUNTER CLAIM IN EXCESS OF THE JURISDICTION OF THE SMALL CLAIMS COURT IS FILED IN THE MUNICIPAL OR SUPERIOR COURT, THEN THE PARTY FILING IN SMALL CLAIMS COURT MAY DEMAND ARBITRATION PURSUANT TO THIS PARAGRAPH. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. I AGREE TO ARBITRATION. Customer's initials i AGREE TO ARBITRATION. Contractor's lnititals SPECIAL CONDITIONS NPG warranties all matehats/workmanship for one year from date of installation. Owner /Contractor to accept NPG's insurance limits. Progress billings upon comptetion of work completed. Payment is due in full upon completion of contract work. No retention to be held. Past due accounts will be charged a finance charge of 1 `/2% /annual percentage of 18% applied to the previous balance after deducting current payments and credits. If NPG engages a collector or attorney at law to softest the purchase price or any part thereof, purchaser agrees to pay all fees, expenses, attorney's fees, including court costs incurred by NPG Corporation in collection of said debt. Start date to be negotiated upon signing of contract. Upon acceptance of proposal, preliminary information must be provided. Bid is based upon one move -in unless otherwise noted; cost of additional moves will be negotiated as they occur. Client terms, purchase order, subcontract, and/or credit approvals must comply with all NPG's terms, conditions, or warranties unless otherwise noted. If client's terns do not comply, contract will be cancelled. Certificate of Insurance will only apply to work that NPG is performing. Excludes engineering, staking, soil testing, permits, construction water, handling /disposal of buried or hazardous materials, handling /disposal of rocks, renuuvaltreloucatioxn of ublities/rrrigation, replacement of landscaping, backfrll of curbs, import/export, home owners notification, erosion control, and dust control, unless noted in bid. All costs associated with the implementation and maintenance of the 'Storm Water Pollution Prevention Plan" will be billed on a time and material basis plus 20 % overhead, if required. AN costs and responsibilities for implementing and maintaining a Fugitive Dust "PM 10" mitigation plan and/or N.PD.E.S. are to be done by others. AN items will be billed at unit cost or contract amount whichever is greater. Price excludes prevailing wage unless otherwise noted. All public works projects, once NPG's scope of work is 100% completed - retention may only be held for a period of 60 days max. Approved & Submitted by: NPG Corporation Authorized Representative: NPG Corporation P.O. Box 1515, Perris, CA 92571 Office (951) 940.0200 Fax (951) 940.9192 www.npgasphalt.com Accepted By Client (Printed Name). Client Signature Date Client Status sue: OCorporation OPartnership O O Dccupant D%rncr fix. ontractor arop Mgr ODccupant Rtle Page 4 of 8 Post Office Box 3610 Tel: 909-427-8276 Fontana, CA 92334 Toll Free: 800-678-4007 License # 784969 Fax: 909-427-8279 Ad k www.,smoftanasf&afftouth.com A ar can Asphalt Proposal #: 1,of Date: 211412012 South, Inc. Estimators. LYLE STONE Proposal & Contract Client: CAty of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 At Leo Sokwzano Project: McVicker Canyon Park Parking Lot Asphalt Removal/Replacement 10 The abwff pfkft ftmktft* 1. Qlafifled ConftacWr wift an ac*** Cof*acWs State License. 2. C=&actor shall obtain a City business license. 3. Bid includes aft taxes, delivery, maWal, Part% equipment and labor to complete the job. 4. Work to be pedbrmed ftom Monday ffwu Thursday. PAYMENT TO BE MADE AS FOLL 0 WS: 31.264-20 As a California Contractor, work is warranted against failure due to poor workmanship or faulty material, for a period of 1 year. However, we will offer a provided payment is made per terms. Non-payment per terms voids the extended warranty ACCEPTANCE OF PROPOSAL All the terms and conditions set forth on the reverse side of this Proposal and Contract are incorpo- rated herein by reference and have been read and understood by the undersigned. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Prices quoted are valid for 30 days. Xodgtractor Signature Date Page 5 of 8 Scope of Work 0 a a $11,913.00 71* $12518-00 $16t293.20 #1 #10 It A $11W-00 10 The abwff pfkft ftmktft* 1. Qlafifled ConftacWr wift an ac*** Cof*acWs State License. 2. C=&actor shall obtain a City business license. 3. Bid includes aft taxes, delivery, maWal, Part% equipment and labor to complete the job. 4. Work to be pedbrmed ftom Monday ffwu Thursday. PAYMENT TO BE MADE AS FOLL 0 WS: 31.264-20 As a California Contractor, work is warranted against failure due to poor workmanship or faulty material, for a period of 1 year. However, we will offer a provided payment is made per terms. Non-payment per terms voids the extended warranty ACCEPTANCE OF PROPOSAL All the terms and conditions set forth on the reverse side of this Proposal and Contract are incorpo- rated herein by reference and have been read and understood by the undersigned. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Prices quoted are valid for 30 days. Xodgtractor Signature Date Page 5 of 8 1. NOTICE TO OWNER- (Section 7019-Contractors License Law): under the Mechanic's Lien Law, any contractor, subcontractor, laborer, materialman or other person who helps to improve your property and is not paid for his labor, services or material, has a right to enforce his claim against your property. "Under the law you may protect yourself against such claims by filing, before such work or improvement, an original contract for the work or improvement, or a modification thereof, in the office of the county recorder of the county where the property is situated requiring that a contractor's payment bond be recorded in such office. Said bond shall be in amount not less than fifty percent (50)% of the contract price and shall, in addition to any conditions for the performance of the contract, be conditioned for the payment in full of the claims of all persons furnishing labor, services, equipment or materials for the work described in said contract. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar, Contractor's State License Board, 3132 Bradshaw Rd., Sacramento, CA. Mailing address: P.O. Box 26000, Sacramento, CA 95826. 2. Your attention is directed to sections 3097, 3098 and 3111, California Civil Code which requires us to notify you by way of a California Preliminary Notice "that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property (which is described hereon) may be subject to hens". This statement is applicable to private work only. This is not a reflection on the integrity of you or any contractor or subcontractor. 3a. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. b. If set out in this contract, American Asphalt South, Inc. agrees to sealcoat the asphalt pavement, as outlined by this agreement, with the product specified herein. c. The product used will meet or exceed the specification attached hereto. These specifications, procedures, notices and guarantees are an integral part of this contract. Asphalt South, Inc's representative the owner or owner's representative. 5. American Asphalt South, Inc., at its own cost and expense, shall procure and maintain during the continuance of this contract, a policy of worker's compensation or employer's liability insurance for protection of the employees, including executive, managerial and supervisorial employees, engaged in work on the project. 6. At owner's own cost and expense, shall procure promptly after execution of this contract, and maintain during the continuance this contract, a policy of fire insurance with course of construction, vandalism, and malicious mischief clauses attached, insuring the project and all materials delivered to the site of the project, for their full insurable value, with loss thereunder payable to owner and American Asphalt South, Inc., as their interest may appear. 7a. American Asphalt South, Inc. ' will not be responsible for damage to any underground utilities unless said utilities are specifically marked on a furnished blueprint. b. American Asphalt South, Inc. shall not be liable for any damage or expense due to breakage of electric, gas, water lines or any other objects not clearly marked or indicated at job site on job maps. This must be the Owner/Manager responsibility to advise contractors of said obstacles. A d. The intended use of sealcoating materials is to resurface existing asphalt pavements and is not intended to restore badly cracked or broken base pavement, not to permanently seal cracks subject to base movement. Cracks sealed or filled may open again. 9. e. SPECIAL NOTE: Due to California soil conditions, American Asphalt South, Inc. is not liable for cracks which may occur in your pavement surface due to earth movement, soil expansion, soil contraction or tree roots. 4. Extra work. Should the owner, their design professional, or any public agency, direct or request additional work not shown on the present plans and specifications for the project, be done by American Asphalt South, Inc., the cost additional work shall be added to the contract price and paid by the owner on completion of such additional work. The term "cost" as used in this paragraph, means the actual cost of labor, materials, or subcontracts required for such additional work increased by 10% for overhead and 5% for profits. All extra work shall be set forth in a written change order to the contract. If asphalt or concrete encountered is thicker than the total depth bid, cost for ftu-ther excavation and replacement shall be negotiated on site by American Asphalt South, Inc.'s representative and the owner or owner's representative. If the subsurface is wet and sub-base will not stabilize after compaction, then any additional cost for further excavation and replacement to stabilize the subsurface shall be negotiated on site by American Arbitration. Should any dispute arise concerning the project, any provision of this contract, or any provision of the subcontract, which is subject to this contract, the dispute shall be settled by arbitration. Each party within ten (10) days of being notified of the dispute shall appoint an arbitrator, and the arbitrator shall agree and appoint another arbitrator within ten days thereafter. The dispute shall be arbitrated within twenty (20) days after appointment of the arbitrators. All arbitrators so selected shall hold an active license as a general contractor or civil engineer in the State of California. The decision in writing of the arbitrator or arbitrators shall be final and conclusive as to parties to the dispute. Should any party fail or refuse to appear or participate in the arbitration proceedings, or fail to timely appoint an arbitrator, the arbitrator or arbitrators may deem proper. Judgement may be entered on the award in any court of competent jurisdiction. This provision shall be binding on owner, contractor, and any subcontractor who shall sign this contract or shall sign a contract that shall incorporate this contract by reference. Attorney's Fees. Should any litigation or arbitration be commenced between the parties to this agreement, concerning the project, any provision of this contract, or the rights and obligations of either in relation thereto, the party prevailing in the litigation shall be entitled, in addition to such relief as may be granted, to the reasonable sum as and for the party's attorney's fees in the litigation or arbitration. 10. If the owner shall fail to pay the payment due under the contract when due, a service charge will be charged on the unpaid balance at the rate of 1 -1 /2% per month from the date of such delinquency. 11. This instrument constitutes the sole and only agreement of the parties to this contract relating to the project and correctly sets for the rights, duties and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations, not expressly set forth in this contract, are of no force and effect. 12. Should Petromat fabric be identified during the digout, any additional charges for disposal of this fabric shall be borne by the owner. Page 5B of 8 113 IF= I - U -Ilk"11913 tile 14, 11 - a 0 k 673 E. YOUNG, SANTA ANA, CA 92705 714/556-0484 FAX 714/556-1026 www.caliberpaving.com LICENSE NO. 657602 To: City of Lake Elsinore 521 N. Langstaff Lake Elsinore, CA 92530 Attn: Leo Soloranzo Date: August 3, 2011 Phone: (951) 674-5170 Fax: (951) 471-1251 Email: Lsolorzano@Lake-Elsinore.org Job Address: McVicker Park - Lake Street, Lake Elsinore, CA REMOVAUREPLACEMENT: 1. Remove approximately 2,176 square feet of broken and/or deteriorating asphalt in (2) areas to a depth of 4" and haul spoils to legal dumpsite. 2. Supply and install approximately 2,176 square feet of new hot mix asphalt up to 4" thickness and roll to a smooth finish. COST $23,260-00 CRACK FILL: 3. Clean cracks of loose debris and fill approximately 2,300 lineal feet of expansion cracks 1/4" and wider with crack fill material prior to seal coating. SEAL COATING: 4. Clean asphalt with high-speed blowers and brooms and apply (1) coat of Industrial Guard Top sealer, or equal, to approximately 105,800 square feet of existing asphalt in (2) moves. COST $16,700.00 STRIPING: 5. Restripe per existing layout and color scheme. OPTIONS: 1. Apply a second coat of Guard Top sealer, same move(s). TO CHOOSE THIS OPTION INITIAL COST $3,550.00 Page 1 of 2 COST $925.00 Page 2 of 2 City of Lake Elsinore McVicker Park Lake Elsinore, CA * Due to the volatile oil market, all pricing is subject to current market conditions at the time of completion. NOTES AND EXCLUSIONS: 1. Items excluded unless specifically stated above are (but not limited to): soils, engineering, permits, weed kill, import, export, testing, irrigation, electrical, inspections, licenses, fees, pre- existing conditions, and prevailing wage. 2. All objects and materials must be off surface prior to our arrival and water must be shut off (24) twenty-four hours prior to start of work. 3. During removal, grinding and /or pulverization we cannot be responsible for damage to any utilities or improvements in or under existing asphalt. 4. Edges tapered as smooth as possible and there is no guarantee against reflective cracking in resurfaced areas. 5. Seal coating to be machine applied for a heavier and more consistent finish. 6. Slurry seal is recommended to allow a minimum of (24) twenty-four hours dry time before foot or vehicular traffic. 7. Caliber Paving Company Inc cannot be responsible for the tracking of slurry seal or striping paint for any reason after our application. THANK YOU FOR CONSIDERING OUR COMPANY FOR YOUR FORTHCOMING ASPHALT REPAIR PROGRAM TERMS AND CONDITIONS ON REVERSE ACCEPTANCE AND AUTHORIZATION BELOW CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTOR'S STATE LICENSE BOARD. QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR OF THE BOARD WHOSE ADDRESS IS: CONTRACTOR'S STATE LICENSE BOARD, 1020 "N" STREET, SACRAMENTO, CALIFORNIA 95814. I/WE ACCEPT THIS PROPOSAL AND AGREE TO PAY THE SAID AMOUNT IN ACCORDANCE WITH I/WE HEREBY AGREE TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT FOR THE THE TERMS SET FORTH. ALL OF THE TERMS AND CONDITIONS ARE INCORPORATED HEREIN COMPLETION, IN A GOOD AND WORKMANLIKE MANNER, OF THE WORK DESCRIBED AND MADE A PART HEREOF. ABOVE. SIGNATURE PRINT NAME DATE OF ACCEPTANCE REsp'cTF LLY SUBMITTED By--v Dean Burdick, Project Manager Bid #110722 ALL TERMS AND CONDITIONS STATED HERE ARE A BINDING PART OF THIS CONTRACT. PAVMENT-. It is understood that the payment is due upon completion unless stated otherwise. I Buyer agrees to pay all court costs and reasonable attorney's fees in the event this contract is turned over to an attorney for enforcement or collection, and Caliber Paving Company, Inc. is the prevailing party. 1) Any invoice not paid upon completion will be subject to interest of 1% per month. In the event that Caliber Paving Company, Inc. takes action to enforce the payment terms of this proposal, buyer agrees to pay Caliber Paving Company, Inc. reasonable attorney fees even if a court action is not filed. An. invoice is considered paid when Caliber Paving Company, Inc. has payment in their possession. 3. Caliber Paving Company warrants that the material to be used will be as specified or equal quality, and that all work shall be performed in a workmanlike manner. 4. Caliber Paving Company, Inc. reserves the right to cancel this contract, even though it is signed by one of its representatives, if not approved by any Caliber Representative. If not approved, notification will be made no later than seven (7) days from the date the original signed contract was received at the office of Caliber Paving Company, Inc. 5. The job site must be ready for commencement of work by Caliber Paving Company, Inc. as scheduled with customer. This includes, but is not limited to: A. The job site must be in the same condition as when the job was bid. Any clean up or changes that add to our costs may be billed to your company as an additional charge. B. Caliber Paving Company, Inc. shall be given the work site free of any debris or vehicles so that work may proceed upon arrival at the work site. C. Any standing time or delays will be billed as an additional charge at our normal and customary billing rate. D. All landscape water must be turned off (24) hours prior to commencement of work and must remain off for (48) hours after completion of work to allow for the curing of materials. All areas where work was performed must remain closed to foot and vehicular traffic for a minimum of (24) hours or until completely dry. E. It is the oNkrner's responsibility to notify any tenants or other interested parties at least (48) hours before the start of the project. If it is necessary for customer to reschedule the job he must notify Caliber Paving Company, Inc. in writing at least (48) hours in advance. If notice is not given in time, then a "move-in" fee will be charged for all preparations made. F. If for any reason, beyond the control of Caliber Paving Company, Inc., an additional move should result, it will be at the rate of. • $ 450.00 per move for striping work. • 1 1,200.00 per move for seal coating work. • $3 000.00 per move for asphalt work without a paving machine. • $ 5,000.00 per move for asphalt work with a paving machine. G. On removal and replacement of existing asphalt, if the thickness is more than stated in the contract, customer will be billed for additional thickness. H. If any base or sub grade problems occur customer will be billed for additional labor, material and equipment required remedying such sub grade problems. 6. Caliber Paving Company shall not be responsible for the following: A. Any permits, licenses, fees, etc. unless provided for in the contract. B. Any damages to underground utilities not shown on. blue print or marked on job site. C. Any pavement sinking or settling resulting from failure of settling of sub grade from water erosion, improper compaction or other causes beyond the control of Caliber Paving Company, Inc. D. Any reflective cracking or water drainage problems from any new asphalt patching overlays due to pre-existing pavement conditions, including but not limited to unstable base conditions, improper grades, or underlying water problems. E. No responsibility for drainage at designed or existing fall of less than 1%. F. No responsibility for damage to rock or sub grade caused by water infiltration. G. Caliber Paving Company, Inc. does not guarantee product adhesion to oil saturated areas. H. Any damage resulting to the seal or asphalt if barricades are removed or taken down prior to the times set forth herein. I. Any damage to cars, concrete, shoes, clothes, carpets, or other surfaces as a result of going onto the asphalt prematurely. J. Any damage that is not the direct result of negligence or willful misconduct of Caliber Paving Inc. 9 9 K. Any crack filling used will settle and re-crack even though. it is properly applied. After the cracks have been filled they will show through any seal coating. L. Tree damage due to root removal. M. Import/Export unless specified. N. Engineering, landscaping, and weed kill unless specified. 7. All expenses incurred by Caliber Paving Co., Inc. in repairing any damage caused by others to our work or surrounding areas shall be added. to the original contract price and invoiced as an additional cost. 8. Caliber Paving Company, Inc. shall not be responsible for "power steering" or scuff marks in asphalt or seal. This is a normal occurrence (especially in hot weather) and usually blends back in and mends itself in time. 9. The customer or agent shall hold harmless Caliber Paving Company, Inc. from any and all claims whatsoever involving the property upon which work is to be performed, including property damage, bodily injury or death or any other occurrence other than resulting from the sole negligence or willful misconduct of Caliber Paving Company, Inc. 10. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, CA 95826.