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HomeMy WebLinkAboutItem No. 02 J & L Constructors, Inc.City of Lake Elsinore 130 South Main Street __ Lake Elsinore, CA 92530 II www.lake - elsinore.org VV °"` IKo - Text File File Number: ID# 19 -597 Agenda Date: 5/26/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 2) City of Lake Elsinore Page 1 Printed on 512112020 CITY OF LAKE LSMOR,E DREAM EXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Catherine Eakins — Public Works Administration Assistant Date: May 26, 2020 Subject: Award of Contract for City Hall Roof Replacement Projects to J & L Constructors, Inc. - CIP # Z20005 - Building Facilities Renovations Recommendation Approve and Authorize the City Manager to execute an agreement with J & L Constructors, Inc. in the amount of $79,716, plus a 10% contingency adjustment for quantities installed, in the form attached and in such final form as approved by the City Attorney. Background City Hall roof was last replaced in 2013. Since then the roof has leaked in various areas of the building every time it rains. City staff has made minor repairs wherever necessary, but despite staff's efforts, water continues to leak inside the building. The roofing material and joints are cracking and showing signs of aging. As the warranty is expired, staff is recommending a complete roof replacement. Discussion The City contracts out for roof replacements and leak repairs to prevent water and rain damage at various City facilities. In January 2020, the City solicited proposal for such services. After reviewing the three proposals received, staff recommends the award of contract goes to J & L Constructors, Inc., based upon their price quote for this project. Request for Quote sent to and received from the following: Vendor Quote Amount J & L Constructors $79,716 Maples & Associates $115,868 Endresen Development $120,000 Fiscal Impact Funds are available for this project in the CI Building Facilities Renovations Project #: Z20005 Exhibits Exhibit A - J & L Constructors, Inc. — Agreement Exhibit B - J & L Constructors, Inc. — Proposals Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION J & L Constructors, Inc. For the CITY HALL ROOF REPLACEMENT PROJECT CIP PROJECT NO. Z20005 This Agreement -for Public Works Construction ( "Agreement ") is made and entered into as of May 26, 2020 by and between the City of Lake Elsinore, a municipal corporation ( "City ") and J & L Constructors, Inc., a Corporation ( "Contractor "). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Protect and Protect Documents. Contractor agrees to construct the following public improvements ( "work ") identified as: City Hall Roof Replacement (the "Project ") The Project Documents include this Agreement and all of the following: Proposal as submitted by the Contractor, General Specifications, all required bonds, insurance certificates, permits, notices, all of the provisions of the above - listed documents are made as part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being Seventy Nine Thousand Seven Hundred Sixteen dollars ($79,716). b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform and complete all work within Forty -five (45) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred dollars ($500.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor. Any change to the work shall be by way of a written instrument ( "change order ") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one - hundred percent (100°/x) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non - Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may be attached limiting the coverage. iv. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Design - Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). V. Professional Liability Coverage Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self- insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: J & L Constructors, Inc. Attn: Mr. Bryson Miller 8471 Clarkdale Drive Huntington Beach, CA 92645 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 17. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Risk Manager "CONTRACTOR" J & L Constructors, Inc., a Contractor By: Bryson Miller Its: President By: Click or tap here to enter text. Its: Click or tap here to enter text. EXHIBIT A Ze]►11 I M:lmN Ws] Iow-111I [ATTACHED] M3:11 -.112W 14 611 go] RIM -.114 o] 0111 Z LT O to] Z 601 [ATTACHED] ESTI MATE J & L Constructors Inc. Locations in LE and HB. 8471 Clarkdale Drive Huntington Beach, CA 92646 Phone: (714) 931 -9367 Email: bryson @jandlconstructorsinc.com Web: Environmental Engineering Contractor- A,B,C /HAZ City of Lake Elsinore City Hall 130 S Main St. Lake Elsinore, CA 92530 Estimate # Date Business / Tax # (951) 453 -9463 05/06/2020 LIC #974212 Description Total City Hall Re Roof. Carlisle 60 mil TPO Roof System $74,480.00 1. Remove existing roof debri on flat area of building and haul away. 2. Sweep and prepare roof for application. 3. Furnish and install 1/4" Secure -rock over roof deck with approved fasteners. 4. Furnish and install 60 Mil single ply membrane over Secure -rock with 6 "laps at all seams and secure with plates and screws every 12" and heat weld at all seams. 5. Furnish and install all pipe boots, T- joints, and inside /outside heat welded to membrane. 6. Install new drains sleeves with sealant.New drains maybe required if so additional charges may apply. 7. Clean, haul away any debris and inspect jobs upon completion. 8. Permits not included in price additional charges may apply based on city permit. 9. J & L will lift all equipment and install new roof under equipment. J & L is not responsible for mechanical, electrical, satellite equipment or any other equipment on roof. • 5 YR YEAR WARRANTY ON ALL WORKMANSHIP— • 10 YR YEAR WARRANTY ON ALL MATERIALS- 100% Payment and Performance Bonds $5,236.00 Subtotal $79,716.00 Tota 1 $79,716.00 Page 1 of 6 Payment Schedule Project start (30 %) $23,914.80 Project complete (60 %) $47,829.60 Retainage (10 %) Page 2 of 6 $7,971.60 Severa b i I ity: If any provision of this Agreement shall be in violation of any applicable law or unenforceable for any reason, the invalidity or unenforceability of any provision shall not invalidate or render unenforceable any other provision hereof, which other provisions shall remain in full force and effect. Attorneys' Fees: Should any litigation be commenced between the parties hereto or their personal representatives concerning any provision of this Agreement or the rights and duties of any person in relation thereto, the party prevailing in such litigation shall be entitled to, in addition to such other relief that may be granted, a reasonable sum as and for their or his or its attorney's fees in such litigation. Entire Agreement: This Agreement contains the entire agreement between the parties hereto, and supersedes any prior written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written between and among the parties hereto, relating to the subject matter contained in this Agreement, which are not fully expressed herein. Limitations: Neither party to this Agreement shall commence any action, whether at law or in equity, arising from or related to this Agreement, the Work or, Additional Work, if any, against the other party, more than one (1) year after the Final Inspection. Applicable Law: This Agreement shall be construed, performed and enforced in accordance with the laws of the State of California. J & L will strictly adhere to the policies and procedures here in set forth in accordance with California Code, Government Code - GOV § 4216. Repair of Work: Should the client and or the purchaser of this agreement desire for any repairs of completed work J & L Constructors Inc. will maintain the right to repair mistakes in the craftsmanship of its work before any other contractor is chosen or deemed fit to proceed with such work. In the case where J & L Constructors Inc. is not notified and given a fair chance to repair such work after completion in a timely manner then the client and or purchaser of this agreement will forfeit all rights to mediation and or litigation for such services in question of repayment. This client and or purchaser of this agreement will also waive all rights to any legal proceedings here in. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but such counterparts, when taken together, shall constitute but one agreement. Page 3 of 6 Exclusions and Payment Terms Payment Terms 1. All payments are due upon receipt of invoice. All late payments after a three day grace period will be subject to the highest monthly interest rate allowed by law. Pursuant to California law, non - exempt lenders (the average individual) can charge a maximum of: (i) 10% interest per year (.8333% per month) for money, goods or things used primarily for personal, family or household purposes and (ii) for other types of loans (home improvement, home purchase, business purposes, etc.), ... Contract period and payments are based solely on calendar days. NOT BUSINESS DAYS. Net 30 day period for payment may apply as agreed upon, however all invoices unless otherwise noted here in are due upon receipt and interest will be enforced as applicable law permits in the state of California. Standard Exclusions 1. All permit fees, bonds and any required deposits are to be paid for by others unless noted in "Work to Include ". 2. All asphalt and /or concrete is assumed to be 4 -5" in thickness and therefore, any saw cutting and /orjack hammering has been bid accordingly. If the thickness exceeds 5" an extra charge will apply. 3. "Hard Digging' is any digging that requires additional labor, equipment and /or additional parts or attachments to be added to the equipment or any equipment that needs to be moved in to accomplish the work itemized in the "Scope of Work ". The determination of "Hard Digging' will be at the discretion of J & L Constructors Inc. authorized personnel and any additional charges generated will be added to the contact price. All excavated materials generated from our scope of work will remain on site unless removal of materials is specifically noted in "Work to Include ". All standard traffic control required by the local governing agency will be provided by J & L Constructors Inc. Any custom made and /or signs that require special attention or handling, will be charged as an extra to the contract amount. Any and /all contaminated materials "not limited to soils" that are excavated during the scope of work are the sole responsibility of others. J & L Constructors Inc. is not to be held responsible for the cost of any treatments or removals. De- watering /ground water of any kind unless otherwise noted in the "Work to Include" will be charged as an extra to the contract amount. The price of the "Scope of Work" or of this contract was determined by verbal explanations and /or physical inspection of the site or project. Any and all determinations and /or agreements should be listed and noted in the "Scope of Work, Inclusions and /or Additional exclusions. Do not sign or agree to this contract if there are any discrepancies. Any deviations from this contract will generate an extra charge to the contract amount. Un- marked /Un- claimed oil line removal or obstruction. All extra work will be charged on a "Time, materials and equipment" basis, and subject to 15% Page 4 of 6 Profit and Overhead unless otherwise agreed to in writing. Amounts not exceeding $5,000 will be due upon completion. Any authorizations for extra work must be in writing. If authorization is not made available in the field and J & L Constructors Inc.. must De- mobilize, there will be an additional move in cost and any other cost generated by these delays. These costs will be added to the contracted amount. No Retention allowance will be provided. New Utility boxes for Edison, Verizon, TV, Water, and sewer. Any Sprinkler laterals, communication laterals under 1 "J & L Constructors Inc. Is not responsible to repair or replace if damaged during excavation. Unless said repairs become change order items following a signed contract. Additional Exclusions 1. Traffic control plan and or additional traffic control devices. 2. Survey (if required) by others. 3. Work site plan drawing showing the shape and size dimensions of new construction. 4. Additional Insured & Liability endorsement. If required fee's (by others). 5. Original Record drawing on MYLAR. 6. Asbestos cement pipe removal and disposal (If required) by others. 7. Plant materials 8. Buried rock section 9. Unmarked buried pipe of any kind. DAMAGE J & L Constructors Inc. is exempt from any cost to repair damages caused by acts of nature such as wind, storm, hail, fire, and freezing. Vandalism and theft are considered other willful acts over which J & L Constructors Inc. has no control. CALIFORNIA MECHANIC'S LIEN LAW As required by the California mechanic's Lien Law, J & L Constructors Inc. hereby notifies owner that persons or companies furnishing labor or Materials for the construction on owners land may have lien rights on owners land and buildings. Those entitled to lien rights, in addition to the undersigned builder, are those who contract directly with the owner or those who give the owner notice within 20 days after they first furnish labor or materials for the construction. Accordingly, owner will receive notices from those who furnish labor or materials for the construction, and should give a copy of each notice received to the mortgage lender, if any, to see that all potential lien claimants are duly paid in full. Mechanics lien prevents the owner from selling the property without first addressing the lien claimant's payment. Page 5 of 6 NOTE: I /we authorize J & L Constructors Inc. to construct the above mentioned work and hereby agree to the payment schedule listed in "Payment Terms ". J & L Constructors Inc. will complete all above mentioned work per plan and /or the governing agencies standards. I /we understand by signing this "Proposal" that I /we are entering in to a contract with J & L Constructors Inc. and by law have the right to withdraw from this contract within three (3) days from date of signature. City of Lake Elsinore Page 6 of 6