HomeMy WebLinkAboutItem No. 15 CSA NPG, Inc. Citywide Park Parking Lot Improvement CIP Z40023City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-794
Agenda Date: 12/8/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 15)
Award of Contract to NPG, Inc., for the Citywide Park Parking Lot Improvements - CIP # Z40023,
Canyon Hills Park Upgrades - CIP# Z40024, and Tuscany Hills Park Renovation - CIP# Z40021
Authorize the City Manager to execute a Contract with NPG, Inc. in an amount not to exceed $171,090
plus a 10% contingency for unforeseen additional work in Fiscal Year 2020-21 in substantially the form
attached and in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 12/3/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Grant Yates, City Manager
Prepared by: Rick De Santiago, P.W. Manager
Date: December 8, 2020
Subject: Award of Contract to NPG, Inc., for the Citywide Park Parking Lot
Improvements - CIP # Z40023, Canyon Hills Park Upgrades - CIP# Z40024,
and Tuscany Hills Park Renovation - CIP# Z40021
Recommendation
Authorize the City Manager to execute a Contract with NPG, Inc. in an amount not to exceed
$171,090 plus a 10% contingency for unforeseen additional work in Fiscal Year 2020-21 in
substantially the form attached and in such final form as approved by the City Attorney.
Background
The City of Lake Elsinore utilizes a procedure known as slurry sealing for the periodic rejuvenation
of the City’s asphalt concrete roadway surfaces and parking lots. The slurry is a mixture composed
of fine aggregates, emulsified asphalt, and water. The slurry fills in surface cracks, provides a new
wearing surface, improves skid resistance, and enhances the appearance of the parking lots. It
also prevents the intrusion of water into the pavement’s sub-base and increases the life of the
pavement. Slurry Seal is a cost-effective treatment that usually lasts five to seven years. The slurry
seal process causes minimal inconvenience to the residents and park patrons.
Discussion
Staff has identified eight (8) City owned parks that require parking lots resurfacing. Staff solicited
proposals in September 2020 and received three (3) quotes from qualified contractors. Staff
recommends awarding the project to the apparent low bidder, NPG, Inc.
Award of Contract to NPG, Inc., for the Citywide Park Parking Lot Improvements
December 8, 2020
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The quote results are summarized below:
LOGO DESIGN - THE ANCHOR
Fiscal Impact
Funds have been identified in the Capital Improvement Program FY2020-25.
Exhibits
A – NPG, Inc. – Agreement
B – NPG, Inc. - Proposals
NPG, Inc.Hardy & Harper Regan Paving
1 Alberhill Ranch Park – Parking Lot $ 40,480 $ 37,950 $ 43,450
2 Canyon Hills Park – Parking Lot $ 43,490 $ 41,320 $ 45,240
3 Creekside Park – Parking Lot $ 3,890 $ 5,100 $ 3,961
4 McVicker Park – Parking Lot $ 41,000 $ 49,660 $ 41,522
5 Summerlake Parking Lot $ 27,000 $ 31,255 $ 25,248
6 Rosetta Park $ 6,480 $ 7,900 $ 8,425
7 Summerhill Park $ 2,750 $ 22,305 $ 2,875
8 Tuscany Park $ 6,000 $ 5,500 $ 5,516
TOTAL $ 171,090 $ 200,990 $ 176,237
Parks
NPG, Inc. – Annual Asphalt Maintenance Program Page 1
AGREEMENT FOR CONTRACTOR SERVICES
NPG, Inc.
Citywide Park Parking Lot Improvement - CIP # Z40023, Canyon Hills Park Upgrades
CIP# Z40024, and Tuscany Hills Park Renovation CIP# Z40021
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of December 8, 2020, by and between the City of Lake Elsinore, a municipal corporation (‘‘City")
and NGP, Inc., a Corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following professional services:
Citywide Park Parking Lot Improvements
B. Contractor has submitted to City a proposal, dated October 28, 2020, attached
hereto as Exhibit A (“Contractor’s Proposal”) and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Contractor to perform the services as provided herein and
Contractor desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services described in Contractor’s
Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner
specified in Contractor’s Proposal, subject to the direction of the City through its staff that it may
provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Contractor
is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Contractor’s Proposal (Exhibit A).
b. Performance Schedule. Contractor shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Contractor’s Proposal (Exhibit A). When requested by
Contractor, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term and Compliance with Task/Work Order System. Unless earlier
terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force
and effect for a period commencing on December 8, 2020 and ending February 28, 2021.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order
by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount
of work or services as all work or services shall be authorized through a Task/Work Order issued
by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's annual compensation exceed
One Hundred Seventy One Thousand Ninety Dollars ($171,090.00) without additional written
authorization from the City. Notwithstanding any provision of Contractor's Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor’s bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor’s bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Contractor’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Contractor’s prospective or then current personnel
is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of terminat ion,
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provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Contractor shall be immediately referred to City, without any other actions by
Contractor.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City’s name or insignia, photographs relating to project for which Contractor’s services are
rendered, or any publicity pertaining to the Contractor’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
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years, or for any longer period required by law, from the date of final payment to Contractor to
this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) year s, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor’s
representatives, or Contractor’s successor-in-interest.
9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be under
Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or
agents shall have control over the conduct of Contractor or any of Contractor’s officers,
employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or
in any manner represent that it or any of its officers, employees, or agents are in any manner
officers, employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Contractor as provided in the
Agreement, Contractor and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
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11. Interests of Contractor. Contractor (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor’s services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Contractor. City has relied upon the professional training
and ability of Contractor to perform the services hereunder as a material inducement to enter into
this Agreement. Contractor shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Contractor under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Contractor’s field of
expertise.
13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Contractor and/or its employees, officers, or board
members.
b. Contractor represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. 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.
15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, 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
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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.
16. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall
procure and maintain, for the duration of the contract, 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. 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.
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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. 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 Contractors. 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 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. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
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.
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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.
17. 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: NGP, Inc.
Attn: Jeff Nelson
1354 Jet Way
Perris, CA 92571
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Contractor under this Agreement will be permitted only with the
express consent of the City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for
all acts or omissions of those subcontractors. 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.
19. 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.
20. 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.
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21. 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.
22. 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.
23. 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.
24. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. 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.
26. 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.
27. Authority to Enter Agreement. 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
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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.
28. Counterparts. 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.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Contractor’s Proposal.
30. 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.
[Signatures on next page]
Page 11
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”
NPG, Inc., a Corporation
By: Jeff Nelson
Its: President
Attachments: Exhibit A – Contractor’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
20-539
PH. (760) 320-9600 Desert Division
PH. (951) 940-0200
FAX (951) 940-9192
We Handle All Phases of Asphalt
HOA Specialist
"Where Integrity & Quality Counts"
ESTIMATE TO (Client)
City of Lake Elsinore
521 Langstaff Ave
Lake Elsinore, CA 92530
Attention: Daniel S.
A=_03 I% CONTRACT#
ASPHALT
DATE: 10/28/2020
NPG ASPHALT
1354 Jet Way
Perris, CA 92571
Cont. Lie. #664779
www.npgasphalt.com
PROJECT: Asphalt & Seal (7 of 18)
LOCATION: Alberhill Ranch Park
28200 Lake Street
Lake Elsinore, CA 92530
Phone: 951-226-4864 Fax: 951-471-1251 E-mail: dsaavedra@lake-elsinore.ory Estimator: LT _
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
REVISED ESTIMATE FROM SEPTEMBER 25TH, 2020—
ASPHALT REPAIRS
1. Cut out, remove & replace large cracks 4" x 16" x 300' in various locations.
2. Overlay 1.5" in 1 location per plan approx. 16 sq. ft.
CRACK SEAL, SEAL & STRIPE
3. Apply 2,000' hot rubberized crack seal prior to slurry seal.
4. Apply 2 coats of slurry seal HP-310 approx. 150,000 sq. ft.
5. Restripe 12 handicaps, 309 single line stalls, 3 stops with restraining bars, and 2,000' red curb.
TotalItems 1-5:........................................................................................................................$40,480.00
***Price is valid through December 31st, 2020
**Note: Project will be completed during the week in 1 move -in for asphalt and 2 move -ins for seal.
**Note: Not all cracks will be sealed with hot rubber. After cracks are sealed, material may settle
due to normal movement to the asphalt.
**Note: Any cracks under a 0.25" will not be filled. All cracks are subject to re -opening at any time,
and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both
subject to expansion and contraction of cracks due to earth movement even in areas that have
been previously completed or are new installations. NPG will not be held responsible for
residual cracking due to expansion and/or contraction of pavement.
**Note: Price includes prevailing wages.
**EXCLUSIONS: ADA improvement/upgrades and weekend work.
PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name Title Authorized Signature
Date
Proposal - Contract CONTRACT# 20-539
NPG Corporation ("Contractor' and/ 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 bid/contract 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 OFFICE (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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1,250.00
lien filing fee, or an $1,250.00 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 List
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.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according to the
terms of the contract. If work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to nelsonAnipgasnhalt.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, govemmetttal 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% for overhead, plus 15% for profit. All excise, privilege, 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 liable,
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
pending 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 law, 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% 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 work, 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 irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. 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 ,,vw.noeasVnan.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 furnished 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 guarantee/warranty applying to
crack filling. Concrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement every 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 INITL4LING 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.
SPECIAL CONDITIONS
I AGREE TO ARBITRATION.
Customer's Initials
I AGREE TO ARBITRATION.
Contractor's Inititals
NPG warranties all materials/workmanship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 %a% /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, 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 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/relocation of utilities/irrigation, replacement of landscaping, backfill 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. All costs and responsibilities for implementing and maintaining a Fugitive Dust "PM 10" mitigation plan and/or
N.P.D.E.S. are to be done 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's scope of work is 100% completed - retention may only be held for a period of 60 days max.
Approved & Submitted by: NPG Corporation Accepted By Client oi» red Name):
Authorized Representative: Client Signature Date
NPG Corporation P.O. Box 1515, Perris, CA 92571 Client Status: ❑ Corporation O Partnership
Office (951) 940.0200 Fax (951) 940.9192 ❑ Occupant ❑ Owner ❑ Contractor Title
www.npgasi)halt.com ❑ Prop Mgr 0 Occupant
20-540
PH. (760) 320-9600 Desert Division
PH. (951) 940-0200
FAX (951) 940-9192
We Handle All Phases of Asphalt
HOA Specialist
"Where Integrity & Quality Counts"
ESTIMATE TO (Client)
City of Lake Elsinore
521 Langstaff Ave
Lake Elsinore, CA 92530
Attention: Daniel S.
A Unmrolm CONTRACT#
ASPHALT
DATE: 10/28/2020
NPG ASPHALT
1354 Jet Way
Perris, CA 92571
Cont. Lie. #664779
www.npgasphalt.com
PROJECT: Mill & Overlay (1 of 18)
LOCATION: Canyon Hills Park
34360 Canyon Hills Road
Lake Elsinore, CA 92532
Phone: 951-226-4864 Fax: 951-471-1251 E-mail: dsaavedra(r,lake-elsinore.org Estimator: LT
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
REVISED ESTIMATE FROM OCTOBER 22ND, 2020—
MILL & OVERLAY
1. Mill & overlay 2" asphalt approx. 7,000 sq. ft. per plans.
CRACK SEAL, SEAL & STRIPE
2. Apply 11,000' hot rubberized crack seal prior to slurry sealing.
3. Apply 2 coats of HP-310 slurry seal approx. 74,000 sq. ft.
4. Restripe 6 handicaps, 170 single line stalls, 500' red curb, 5 crosswalks, 6 solid white bumps, and 1 speed bump.
TotalItems 14:......................................................................................................................$43,490.00
***Price is valid through December 3lst, 2020
**Note: Project will be completed during the week in 1 move -in for asphalt and 1 move -in for
seal & stripe.
**Note: Not all cracks will be sealed with hot rubber. After cracks are sealed, material may settle
due to normal movement to the asphalt.
**Note: Any cracks under a 0.25" will not be filled. All cracks are subject to re -opening at any time,
and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both
subject to expansion and contraction of cracks due to earth movement even in areas that have
been previously completed or are new installations. NPG will not be held responsible for
residual cracking due to expansion and/or contraction of pavement.
**Note: Price includes prevailing wages.
**EXCLUSIONS: ADA improvement/upgrading and weekend work.
PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name
Title
Authorized Signature
Date
Proposal - Contract CONTRACT# 20-540
NPG Corporation ("Contractor" and/ or "NPG") proposes to famish 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 bid/contract 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 OFFICE (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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1,250.00
lien filing fee, or an $1,250.00 stop notice filing fee as well as any and all costa
incurred in collecting any balance owed. This dollar amount will be added to the last
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.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according to the
terms of the contract. If work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to inelson64tipgasnhalt.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% for overhead, plus 15% for profit. All excise, privilege, 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 liable,
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
pending 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 law, 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% 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 work, 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 irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. 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.nugasphalt.com Rates will have a mark up of 101/6 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 furnished 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 guarantee/warranty applying to
crack filling. Concrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement even 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 Iniatals
SPECIAL CONDITIONS
NPG warranties all materials/workmanship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 %z% /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, 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 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/relocation of utilities/irrigation, replacement of landscaping, backfill 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. All costs and responsibilities for implementing and maintaining a Fugitive Dust "PM 10" mitigation plan and/or
N.P.D.E.S. are to be done 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'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
Office (951) 940.0200
www.nyeasphalt.com
P.O. Box 1515, Perris, CA 92571
Fax (951) 940.9192
Accepted By Client (Printed Nairn):
Client Signature Date
Client Status: ❑ Corporation O Partnership
❑ Occupant ❑ Owner ❑ Contractor Title
❑ Prop Mgr ❑ Occupant
h'rn
PH. (760) 320-9600 Desert Division
r; CONTRACT#
20456
PH. (951) 940-0200
FAX (951) 940-9192
ASPHALT
NPG ASPHALT
1354 Jet Way
We Handle All Phases of Asphalt
Perris, CA 9 571
HOA Specialist
"Where Integrity & Quality Counts"
Cont. Lip. #664779
www.npgasphalt.com
DATE:
9/25/2020
ESTIMATE TO (Client)
PROJECT:
Seal & Stripe (3 of 18)
City of Lake Elsinore
LOCATION:
Creekside Park
521 North Langstaff
3200 Los Road at Baywood Street
Lake Elsinore, CA 92530
Lake Elsinore, CA 92532
Attention: Chris E.
Phone: 951-453-9463 Fax: 951-471-1251 E-mail: cerickso*,lake-elsinore.org Estimator: LT
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
—REVISED ESTIMATE FROM NOVEMBER 19TH, 2019—
CRACK SEAL, SEAL & STRIPE
1. Apply 655' hot rubberized crack seal prior to slurry sealing.
2. Apply 2 coats of HP-310 slurry seal approx. 14,000 sq. ft.
3. Restripe 2 handicaps and 45 double line stalls.
TotalItems 1-3: ...................................................................................................................... $3,890.00
***Price is valid through December 31st, 2020
**Note: Project will be completed during the week in I move -in.
**Note: Not all cracks will be sealed with hot rubber. After cracks are sealed, material may settle
due to normal movement to the asphalt.
**Note: Any cracks under a 0.25" will not be filled. All cracks are subject to re -opening at any time,
and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both
subject to expansion and contraction of cracks due to earth movement even in areas that have
been previously completed or are new installations. NPG will not be held responsible for
residual cracking due to expansion and/or contraction of pavement.
**Note: Price includes prevailing wages.
**EXCLUSIONS: Asphalt repairs, ADA improvement/upgrading, and weekend work.
PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name Title Authorized Signature Date
Proposal -Contract CONTRACT# 20-456
NPG Corporation ("Contractor' and/ or "NPG") proposes to famish the material and labor to perform the work specified in the estimate, appearing oe 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 bid/contiuct is accepted by Client and
approved by NPG. Terns of Client purchase orders, subcontracts, and/or credit
approvals must comply with NPG Corp.'s standard teams 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 OFFICE (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. Them 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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1,250.00
lien filing fee, or an S1,250.00 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 last
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.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according in the
terms of the contract If work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to indsonAnmaasohalt.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 pan, 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% for overhead, plus 15% for profit. All excise, privilege, 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 hereundar, and for the payment or collection of which Contractor is liable,
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 goading of the site are to be made by others, the site most 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-gmde. NPG is
not responsible for water discharge of any area that has less than 26% fall, otherwise
pending 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 law, or if engineering services by
Cortractor's employees are necessary to proper performance of the work, then the cost
plus 15% thereof for overhead and 10% 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 famished 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 work, 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 irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. will only indemnity 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.nueasohalccom 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. Quantifies used am approximate and are subject to
physical measurement and corrections. If necessary, changes will be made with unit
prices applying. Water is to be furnished to on site spume 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 reopening at any time, and there is no guarantee/warranty applying to
crack filling. Concrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement even in areas that have been previously completed or am
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 THIN
'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.
Cunomer's aaaab
I AGREE TO ARBITRATION.
Contractor's "Wets
SPECIAL CONDITIONS
NPG warranties all materials/workmanship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 'h% /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 pan 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 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, removaVreloration of utilities/irrigation, replacement of landscaping, backfill of cwhs, import/export, home
owners notification, erosion control, and dust control, unless noted in bid. All costs associated with the implementation and maintenance of the "Stone Water Pollution Prevention Plan"
will he billed on a time and material basis plus 20a/o 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. are to be done 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's scope of work is 100% completed - retention may only be held for a period of 60 days max.
Approved & Submitted by: NPG C0170or don Accepted By Client (Printed Name)
Authorized Representative: Client Signature Date
NPG Corporation P.O. Box 1515, Perris, CA 92571 Client Status.' 0 Cmpwation ❑ Parneahip
Office (951) 940.0200 Fax (951) 940.9192 0 oecnpmt 0 o"ar ❑ Contactor Title
www.upeasphalt.com 0Prop Mgr 0Occupant
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PH. (760) 320-9600 Desert Division
PH. (951) 940-0200
FAX (951) 940-9192
We Handle All Phases of Asphalt
HOA Specialist
"Where Integrity & Quality Counts"
ESTIMATE TO (Client)
City of Lake Elsinore
521 North Langstaff
Lake Elsinore, CA 92530
' CONTRACT# 20-519
ASPHALT NPG
354SJe Way
Perris, CA 92571
Cont. Lic. #664779
www.npgasphalt.com
DATE: 10/22/2020
PROJECT: Asphalt & Seal (5 of 18)
LOCATION: McVicker Park
29355 Grand Ave.
Lake Elsinore, Ca.
Attention: Chris E.
Phone: 951-453-9463 Fax: 951-471-1251 E-mail: cerickso lake-elsinore.or Estimator: LT
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
REVISED ESTIMATE FROM SEPTEMBER 25TH, 2020—
ASPHALT REPAIRS
1. Repair 15' long x 16" wide asphalt crack in 1 location.
2. Mill & overlay 2" asphalt in 5 locations approx. 4,098 sq. ft.
3. Overlay 1.5" asphalt in 1 location approx. 162 sq. ft.
CRACK SEAL, SEAL & STRIPE
4. Apply 7,650' hot rubberized crack seal prior to slurry sealing.
5. Apply 2 coats of HP-310 slurry seal approx. 110,000 sq. ft.
6. Restripe 6 handicaps and 226 stalls.
TotalItems 1-6:........................................................................................................................$41,000.00
***Price is valid through December 31st, 2020
**Note: Project will be completed during the week in 1 move -in for asphalt and 1 move -in for
seal & stripe.
**Note: Not all cracks will be sealed with hot rubber. After cracks are sealed, material may settle
due to normal movement to the asphalt.
**Note: Any cracks under a 0.25" will not be filled. All cracks are subject to re -opening at any time,
and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both
subject to expansion and contraction of cracks due to earth movement even in areas that have
been previously completed or are new installations. NPG will not be held responsible for
residual cracking due to expansion and/or contraction of pavement.
**Note: Price includes prevailing wages.
**EXCLUSIONS: ADA improvement/upgrading and weekend work.
PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name
Title Authorized Signature Date
Proposal - Contract CONTRACT# 20-519
NPG Corporation ("Contractor" and/ 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 bid/contract 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 OFFICE (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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1,250.00
lien filing fee, or an $1,250.00 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 last
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.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according to the
terms of the contract. If work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to jnelsonoaMizasphatt.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% for overhead, plus 15% for profit. All excise, privilege, 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 liable,
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 law, 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% ofthe 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 wilt be the responsibility of
the customer. During the course of the contracted work, 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 noway to be apart of the
base bid. Client is responsible for turning off flowerbed water and/or irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. 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.nneasnhalt.com Rates will have a mark up of 10% profit and
101/o 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 furnished 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 guarantee/warranty applying to
crack filling. Concrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement even 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
I4AVE 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 Inititals
SPECIAL CONDITIONS
NPG warranties all materials/workmanship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 collect 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 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/relocation of utilities/irrigation, replacement of landscaping, backfrll of curbs, importlexport, 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. All costs and responsibilities for implementing and maintaining a Fugitive Dust "PM 10" mitigation plan and/or
N.P.D.E.S. are to be done 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's scope of work is 100% completed - retention may only be held for a period of 60 days max.
Approved & Submitted by: NPG Corporation Accepted By Client (Printed Nante):
Authorized Representative: Client Signature Date
NPG Corporation P.O. Box 1515, Perris, CA 92571 Client Status: ❑ Corporation o Partnership
Office (951) 940.0200 Fax (951) 940.9192 ❑ Occupant ❑ Owner ❑ Contractor Title
www.npgasphalt.com 171 Prop Mgr 11 Occupant
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PH. (760) 320-9600 Desert Division 11L' CONTRACT# 20-461
PH. (951) 940-0200
FAX (951) 940-9192 , NPG ASPHALT
1354 Jet Way
We Handle All Phases of Asphalt ASPHALT Perris, CA 9 571
HOA Specialist
"Where Integrity & Quality Counts" Cont. Lie. #664779
www.npgasphalt.com
DATE: 9/25/2020
ESTIMATE TO (Client)
PROJECT: Seal &Stripe (8 of 18)
City
y of Lake Elsinore
LOCATION: Rosetta Park
521 North Langstaff
Way
Ardore,
Lake Elsinore, CA 92530
Lake Elsinore, CA 92532
Lake CA
Attention: Chris E.
Phone: 951-453-9463 Fax:951-471-1251 E-mail: cericksonCalake-elsinore.or Estimator: LT
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
—REVISED ESTIMATE FROM NOVEMBER 21ST, 2019--
SEAL COAT & STRIPING
1. Apply 2 coats of slurry seal HP-310 approx. 35,000 sq. ft.
2. Restripe 3 handicaps, 93 single line stalls, and 1 walkway approx. 10' x 130'.
TotalItems I & 2: ..................................................................................................................... $6,480,00
***Price is valid through December 31st, 2020
**Note: Project will be completed during the week in I move -in for seal.
**Note: Price includes prevailing wages.
"EXCLUSIONS: ADA improvement/upgrades and weekend work.
PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name
Title Authorized Signature Date
Proposal - Contract CONTRACT# 20-461
NPG Corporation ("Contractor' and/ or "NP(T) proposes to famish the material and labor to perform the work specified in the estimate, appearing on the reverse side hereof and
incorporated hemin 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 bid/contract is accepted by Client and
approved by NPG. Terms of Client purchase orders, subcontracts, and/or credit
approvals most comply with NPG Corp.'s standard terms and conditions and any
special termer, conditions or warranties.
2. UNLESS OTHERWISE SPECIFIED HEREIN, THE CONTRACT PRICE SHALL
BE NET US FUNDS, PAYABLE AT CONTRACTOR'S OFFICE (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 forme 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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1,250.00
lien filing fee, or an $1.250.00 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 but
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.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according to the
terms of the contract. if work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to inelson(ampgasohalt.en .
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% for overhead, plus 15% for profit. All excise, privilege, 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 liable,
shall be added to the net contract price herein specified and shall be paid by the Client
whether specifically act 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
pending 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 law, 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 100A of the coat including overhead for profit of
fulfilling such mspor sbility m 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 work, 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 homing off flowerbed water and/or irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. 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.noaasohalt.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 furnished 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 reopening at any time, and there is no guarantee/wermity applying to
crack filling. Coucrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement even in areas that have been previously completed or am
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 ErTHER 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.
1 AGREE TO ARBITRATION.
Costumers triads
I AGREE TO ARBITRATION.
Contractor: hinds
SPECIAL CONDITIONS
NPG warranties all materials/workmanship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 h% /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 pan thereof, purchaser
agrees to pay all fees, expenses, attorney's fees, including court costs incurred by NPG Corporation in collection of said debt. Stott date to be negotiated upon signing of contract. Upon
acceptance of proposal, preliminary information most 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 most comply with all NPG's terms, conditions, or warranties unless otherwise noted. If client's 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, hardling/disposal of rocks, mmoval/relocation of utilities/irrigation, replacement of landscaping, backfill of curbs, import/export, home
owners notification, emsion control, and dust control, unless noted in bid. All costs associated with the implementation and maintenance of the "Storn Water Pollution Prevention Plan"
will be billed on a time and material basis plus 200% 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. we to be done 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'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
Office (951) 940,0200
www.nygasphalt.com
P.O. Box 1515, Perris, CA 92571
Fax (951) 940.9192
Accepted By Client (Hinted Name):
Client Signature
Client Status: o comaatien o Partnership
D occupant ❑ Owner 0 Contractor
O PmP Mgr ❑ occupant
Date
Title
PH. (760) 320-9600 Desert Division ' rnb Ei CONTRACT# 20-462
PH. (951) 940-0200
FAX (951) 940-9192 ` NPG ASPHALT
1354 Jet Way
We Handle All Phases of Asphalt A S P H A L� Perris, CA 9 571
HOA Specialist
"Where Integrity & Quality Counts" Cont. Lip. 9
www.npgasphah.coalt.com
DATE: 9/25/2020
ESTIMATE TO (Client)
PROJECT: Seal &Stripe (9 of 18)
City of Lake Elsinore
521 North Langstaff LOCATION: Su[nmerhill Park
Lake Elsinore, CA 92530 31613 Canyon Estates Drive
Lake Elsinore, CA 92532
Attention: Chris E.
Phone: 951-453-9463 Fax: 951-471-1251 E-mail: cerickson(dlake-elsinore.ora Estimator: LT
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
REVISED ESTIMATE FROM NOVEMBER 22ND 2019—
CRACK SEAL, SEAL COAT & STRIPING
1. Apply 300' of hot rubberized crack seal prior to slurry seal.
2. Apply 2 coats of slurry seal HP-310 approx. 8,000 sq. ft.
3. Restripe 1 handicap and 14 single line stalls.
TotalItems 1-3:.......................................................................................................................$2,750.00
***Price is valid through December 31st, 2020
**Note: Project will be completed during the week in 1 move -in for seal.
**Note: Not all cracks will be sealed with hot rubber. After cracks are sealed, material may settle
due to normal movement to the asphalt.
**Note: Any cracks under a 0.25" will not be filled. All cracks are subject to re -opening at any time,
and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both
subject to expansion and contraction of cracks due to earth movement even in areas that have
been previously completed or are new installations. NPG will not be held responsible for
residual cracking due to expansion and/or contraction of pavement.
**Note: Price includes prevailing wages.
**EXCLUSIONS: ADA improvement/upgrades and weekend work.
PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name Title
Authorized Signature Date
Proposal - Contract CONTRACT# 20-462
NPG Corporation ("Contractor" and/or "NPG") proposes to famish 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)
I. 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 bid/contract 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 OFFICE (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 am 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 parries, 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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1.250.00
lien filing fee, or an $1,250,00 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 last
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.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according to the
terns of the contract. If work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to inelsociAmmirasohalti: .
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 my 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% for overhead, plus 15% for profit. All excise, privilege, 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 liable,
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 film and stable sub -grade. NPG is
not responsible for water discharge of my we that has less than 2 % fall, otherwise
Funding 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 cormettness 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 my such responsibility be placed upon Contractor by
agreement, circumstances, or operation of law, 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% 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 mauner. 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 mfemed 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 are contracted work, 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 noway to he apart of the
base bid. Client is responsible for turning off flowerbed water and/or irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. 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
ongineering, 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 net 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 aa—Rgasohaltcom 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 furnished to on site source by others. Applying water is
included. All vehicles and obstacles are to be removed from area prim 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
am subject to reopening at any time, and there is no guarantee/warranty applying to
emek filling. Concrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement even in areas that have been previously completed or am
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 msponsibility 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 ARBITRATORS) 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 IAaaa
I AGREE TO ARBITRATION.
Contractors IriWs
SPECIAL CONDITIONS
NPG warranties aft materials/workmac ship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 ''/,% /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, expenses, attorney's fees, including court costs incurred by NPG Corporation in collection of said debt. Start dale 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 most comply with all NPG's terms, conditions, or warranties unless otherwise noted. If client's terms do not comply,
contract will be cancelled. Certificate of Insurance will only apply to wink that NPG is performing. Excludes engineering, staking, soil testing, permits, construction water,
handlingldisposal of buried or hazardons materials, handling/diapoml ofineks, removallmi c tion of utilities/irrigation, replacement of landscaping, backfill of curbs, impoNexport, 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 209/. 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. are to be done 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's scope of work is 100 % completed - retention may only be held for a period of 60 days max.
Approved & Submitted by:
NPG Corporation
Accepted By Client (PriL:ted Nam )
Authorized Representative: Client Signature Date
NPG Corporation P.O. Box 1515, Perris, CA 92571 Client Status: o Corporation o Partnership
Office (951) 940.0200 Fax (951) 940.9192 ❑ Occupant ❑ owner Cl Caohactur Title
❑ Prep Mgr O occupant
www.npgasphalt.com
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PH. (760) 320-9600 Desert Division
PH. (951) 940-0200
FAX (951) 940-9192
We Handle All Phases of Asphalt
HOA Specialist
"Where Integrity & Quality Counts"
ESTIMATE TO (Client)
City of Lake Elsinore
521 North Langstaff
Lake Elsinore, CA 92530
Attention: Chris E.
A IImmColn
CONTRACT#
ASPHALT
DATE: 10/22/2020
20-518
NPG ASPHALT
1354 Jet Way
Perris, CA 92571
Cont. Lic. #664779
www.npgasphalt.com
PROJECT: Asphalt & Seal (4 of 18)
LOCATION: Sutntnerlake Park
900 W. Broadway
Lake Elsinore, CA 92530
Phone: 951-453-9463 Fax: 951-471-1251 E-mail: cerickson(u�lake-elsinore.orL, Estimator: LT
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
REVISED ESTIMATE FROM SEPTEMBER 25TH, 2020—
ASPHALT REPAIRS
1. Repair 15' long x 16" wide asphalt crack in 1 location.
2. Overlay 1.5" asphalt in 2 locations approx. 440 sq. ft.
3. Mill & overlay 2" asphalt in 3 locations approx. 1,660 sq. ft. per plans.
CRACK SEAL, SEAL & STRIPE
4. Apply 4,575' hot rubberized crack seal prior to slurry sealing.
5. Apply 2 coats of HP-310 slurry seal approx. 57,000 sq. ft.
6. Restripe 5 handicaps, 135 single line stalls, and 600' red curb.
TotalItems 1-6:.........................................................................................................................$27,000.00
***Price is valid through December 31st, 2020
**Note: Project will be completed during the week in I move -in for asphalt and 1 move -in for
seal & stripe.
**Note: Not all cracks will be sealed with hot rubber. After cracks are sealed, material may settle
due to normal movement to the asphalt.
**Note: Any cracks under a 0.25" will not be filled. All cracks are subject to re -opening at any time,
and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both
subject to expansion and contraction of cracks due to earth movement even in areas that have
been previously completed or are new installations. NPG will not be held responsible for
residual cracking due to expansion and/or contraction of pavement.
**Note: Price includes prevailing wages.
**EXCLUSIONS: ADA improvement/upgrading and weekend work.
PRICE TO BE DETE"INDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name
Title Authorized Signature Date
Proposal - Contract CONTRACT# 20-518
NPG Corporation ("Contractor' and/ 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 bid/contract 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 OFFICE (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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1,250.00
lien filing fee, or an $1,250.00 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 last
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.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according to the
terms of the contract. If work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to inclsonrnpaasnhalt.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% for overhead, plus 15% for profit. All excise, privilege, 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 liable,
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 law, 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% 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 work, 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 irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. 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.nt)gasphalt.com Rates will have a mark up of 101% 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 furnished 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 guarantee/warranty applying to
crack filling. Concrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement even 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.
SPECIAL CONDITIONS
1 AGREE TO ARBITRATION.
Customer's Initials
1 AGREE TO ARBITRATION.
Contractor's Inlatals
NPG warranties all materials/workmanship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 collect 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 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/relocation of utilities/irrigation, 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. All costs and responsibilities for implementing and maintaining a Fugitive Dust "PM 10" mitigation plan and/or
N.P.D.E.S. are to be done 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'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
Office (951) 940.0200
www.npgasohalt.com
P.O. Box 1515, Perris, CA 92571
Fax (951) 940.9192
Accepted By Client (Printed Name):
Client Signature Date
Client Status: ❑ Corporation o Partnership
❑ Occupant 0 Owner ❑ Contractor Title
❑ Prop Mgr ❑ Occupant
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PH. (760) 320-9600 Desert Division
rMIN CONTRACT#
20-455
PH. (951) 940-0200
FAX (951) 940-9192
AS P H A LT
NPG ASPHALT
1354 Jet Way
We Handle All Phases of Asphalt
Perris, CA 92571
HOA Specialist
"Where Integrity & Quality Counts"
Cont. Lic. #664779
www.npgasphalt.com
DATE:
9/25/2020
ESTIMATE TO (Client)
PROJECT:
Mill &Overlay (2 of 18)
City
City of Lake Elsinore
521 North Langstaff
LOCATION:
Tuscany Hills Park
Lake Elsinore, CA 92530
Drive
La a Elsinore,
Lake Elsinore, CA 92530
Attention: Chris E.
Phone: 951-453-9463 Fax: 951-471-1251 E-mail: cerickson, ,lake-elsinore.or Estimator: LT
NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the materials, labor and performing the
work hereinafter specified, subject to the terms and conditions hereinafter set forth on reverse side of estimate.
—REVISED ESTIMATE FROM NOVEMBER 19TH, 2019--
MILL & OVERLAY
1. Mill & overlay 1.5" asphalt in 1 area approx. 80 sq. ft. per plans.
CRACK SEAL, SEAL & STRIPE
2. Apply 1,115' hot rubberized crack seal prior to slurry sealing.
3. Apply 2 coats of HP-310 slurry seal approx. 11,000 sq. ft.
4. Restripe 1 handicap and 27 single line stalls.
TotalItems 1-4:...........................................................................................................................$6,000.00
***Price is valid through December 31st, 2020
**Note: Project will be completed during the week in 1 move -in for asphalt and 1 move -in for
seal & stripe.
**Note: Not all cracks will be sealed with hot rubber. After cracks are sealed, material may settle
due to normal movement to the asphalt.
**Note: Any cracks under a 0.25" will not be filled. All cracks are subject to re -opening at any time,
and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both
subject to expansion and contraction of cracks due to earth movement even in areas that have
been previously completed or are new installations. NPG will not be held responsible for
residual cracking due to expansion and/or contraction of pavement.
**Note: Price includes prevailing wages.
**EXCLUSIONS: ADA improvement/upgrading and weekend work.
PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE
NOTE: UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS, PROVISIONS, AND CONDITIONS AS SET FORTH ON THE REVERSE
SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT.
ACCEPTANCE OF PROPOSAL
The above prices, specifications, and conditions are hereby accepted. You are hereby authorizing NPG Inc. to do the work as specified above with
payment in full upon completion of work.
Accepted by: Print Name
Title
Authorized Signature Date
Proposal - Contract CONTRACT# 20-455
NPG Corporation ("Contractor" and/ or "NPG") proposes to furnish the material and labor to perform the work specified in the estimate, appearing on the reverse side beeeof 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. Your accepted within such time, this proposal
is subject to change or withdrawal until the bid/contract 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 torms 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 OFFICE (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 am 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 covertant4, 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 and labor prices are valid for 30 days unless otherwise specified on
contract.
4. Should Client default hereunder, Client agrees to pay the Contractor an $1,250.00
lien filing fee, or an $1,250.00 stop notice filing fee as well as any and all costs
inured in collecting any balance owed This dollar amount will be added to the last
billing of the project Any Mechanic's Lien release will be executed by the Contractor
and the Client shall be responsible fin recording the action.
5. Upon completion, Client agrees to inspect the work immediately and issue an
acceptance to the Contractor, providing the work has been completed according to the
terms of the contract. If work is not inspected upon completion, it is hereby agreed that
the work was approved and payment will be forwarded to NPG. Any corrections must
be submitted to NPG by email to inlson(etnoeasnhalt.eorn
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 paM 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 mason
of the work hereunder shall be billed separately and not as a part of any of the prices
stated hemin. Such items shall be treated as an extra, and as such, will be subject to
surcharges of 15% for overhead, plus 15% for profit. All excise, privilege, 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 liable,
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 20/6 fall, otherwise
pending is subject to occur.
9. Boundary line surveys and civil engineering (including, but net 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 law, 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% 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 famished 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 he obligated to perform extra work or supply rental equipment
without specific authorisation 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 work, 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 min noway to be apart of the
base bid. Client is responsible for turning off Bowerbed water and/or irrigation
systems prior to contractor's arrival and during course of work.
12. NPG Corp. 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 "losses at all. NPG's Certificate of lnsurance 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.npgasphalt.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 furnished to on site source by others. Applying water is
included. All vehicles and obstacles are to be removed from area prim 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 reopening at any time, and there is no guarantee/wanenty applying to
crack filling. Concrete and asphalt are both subject to expansion and contraction of
cracks due to earth movement even 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., w 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 ARBITRATORS) 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.
customers kooa
I AGREE TO ARBITRATION.
Contractor's Fiords
SPECIAL CONDITIONS
NPG warranties all materials/workmanship for one year from date of installation. Owner/Contractor to accept NPG's insurance limits. Progress billings upon completion 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 I S401, /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, 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 most 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 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/relocation of utilities/irigation, replacement of landscaping, backfill 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. All costs and responsibilities for implementing and maintaining a Fugitive Dust "PM 10" mitigation plan and/or
N.P.D.E.S. are to be done 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's scope of wmk is I OD% completed - retention may only be held fm 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 (Pruned Name):
Client Signature ware
Client StatnS: o Corporation O Partnership
oeenpant ❑ owner ❑ Convector Title
❑ limp Mgr n Occupant