1 Changes in contracted work: Should the owner, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modifications or additions will be prepared in detail on an additional work authorization form and will require signatures of both parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. Any and all drainage work will be prepared in detail on an Additional work authorization form unless it is outlined as part of the scope of work in the contract with an itemized price. DCR reserves the right to stop work on any job site if change order disturbs production schedule. Any restoration work will be explained and discussed with owner and billed accordingly. Restoration work is not included in contracted work price unless otherwise stated by this contract.
2 Responsibilities of the Parties: DCR Shall promptly notify the owner of (a) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract (concrete beneath an existing driveway that was undetectable during the time of estimate). Owner is responsible for any additional work and shall pay for any expense incurred due to such conditions. DCR is responsible for contacting the New Jersey One Call System for underground utility mark- outs. The customer is responsible to locate, relocate, repair, etc any other site utilities, if required. DCR is not responsible for any existing sprinkler lines in ground or restoration work to sprinkler lines unless it is outlined as part of the scope of work in the contract with an itemized price. DCR is not responsible for railing installation around patios, steps, platforms unless otherwise stated in this contract. DCR is not responsible for efflorescence or staining that may occur to any masonry work. DCR is not responsible for damage caused to existing structures that machinery or equipment must pass over to access the work area to complete all contracted work. DCR is not responsible for damage due to the application and/or misuse of deicing materials. DCR is not responsible for unmarked dog restraint fence systems. DCR is not responsible for vandalism to a project once work is complete and caution tape has been added. If the project is destroyed or damaged by accident, disaster or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by DCR in rebuilding or restoring the project shall be paid by the owner as extra work. DCR is not responsible or liable for water accumulations on a surface with less than 2% grade. This contract does not address existing damage or existing water issues unless it is outlined as part of the scope of work in the contract with an itemized price. DCR is not responsible forrequired permits, variance(s), or other professional fees unless otherwise stated in this contract. Owner will obtain and pay for all building permits, variance(s), or other required professional fees imposed by the township or any other public parties unless otherwise stated in this contract. The owner is responsible to supply water and electrical utilities unless otherwise agreed to in writing. Owner-supplied water and electricity will be necessary for the successful completion of the project. The owner is responsible for having sufficient founds to comply with this agreement. The owner is responsible to remove and/or protect all personal property. DCR will not be held responsible for damaged or misplaced property. The owner will point out, mark out and warrant the property lines to DCR. Owner required is to provide DCR with a current house location survey signed & sealed by a licensed surveyor registered in the state of New Jersey. Pricing in this contract reflects the date of the proposal, not date signed. DCR utilizes the New Jersey Asphalt Index which fluctuates each month based on the cost of oil. The job is subject to pricing surcharge of the difference between the costs of asphalt per ton. This will be billed as an extra.
3 Rights to Stop Work: DCR shall have the right to stop work if any payment shall not be made, when due to DCR under this agreement; such failure to make payment when due, is a material breach of this agreement. Owner acknowledges that the additional cost for the delay in stopping and starting the project shall be treated as an extra. 2% interest will be added to balances over (30) days. This proposal may be withdrawn by DCR if not accepted in (30) days.
5 Existing Violations and conditions: DCR shall not be held responsible for any existing violations of applicable building regulations or ordinances, whether cited by the appropriate party or not. DCR is not responsible for any abnormal or preexisting conditions or any unusual or abnormal concrete footings, foundations, retaining wall, or piers required, or any unusual depth required for same, such as, but not limited to those conditions caused by poor soil, lack of compaction, hillside, or other slope conditions. DCR will only be held responsible for footing / excavation depths defined within the scope of work specified by this contract. Correction of such violations or abnormal conditions by DCR shall be considered additional work and shall be dealt with as herein provided for under paragraph 1.
(1)Suspend the work and remove material/equipment from the premises.
(2)Remove any DCR-Supplied material/equipment, whether or not it has been installed and whether or not it has been placed in operation. In this regard, Owner agrees that DCR may enter upon owner’s property for the purpose of repossessing such equipment without liability to DCR for trespass or any other reason.
(3)Retain all monies paid hereunder, regardless of the stage of completion of the work and bring any legal action, whether in a court of law or arbitration to enforce its rights. The owner agrees to pay all costs and expenses, attorney’s fees, court costs, and collection fees (including fees incurred in connection with appeals) incurred by DCR in enforcing its rights under this contract.
DCR Landscaping & Construction, Inc.
D.B.A. DCR Paving & Masonry
104 Norcross Avenue
Metuchen NJ 08840
If contract is canceled within the three-day period, you are entitled to a refund of your deposit less DCR design time, site visit time, or any other incurred contracted fees. Refunds must be made within thirty (30) days of the contractor’s receipt of cancellation notice unless these fees were contracted and paid for separately.
DESCRIPTION OF SERVICES
Services May Change Depending On Our Evaluation of Individual Conditions Following Tear Out Paving if there is a good stone base Surface Replacements:
Remove existing driveway (concrete, pavement, and pavers) Excavate and add stone where needed so that there is a 6” min. of sub-base then re-grade and compact. Apply 2.5”- 3” of FABC type 1-5 asphalt rolled with vibrating compaction. (Or specifications spelled out on contract).
CONCRETE
DRIVEWAY: Remove existing driveway (concrete, pavement and pavers) and excavate base to 6” depth. Then refill and re-grade where needed with road grade stone so that our 6” min of sub-base is achieved and then compact. Then install at least 4” of 4000 psi concrete with appropriate spaced expansion joints. (Or specifications spelled out on contract).
SIDEWALK: Remove existing sidewalk (concrete, pavement and pavers) and add stone to provide a 2” base and compact. Then install at least 4” of 4000 psi concrete with appropriately spaced expansion joints. (Or specifications spelled out on contract). All Concrete aprons and sidewalks connecting directly to the street we install must be 6” of 4500 psi to meet New Jersey State codes.
BRICK PAVERS
DRIVEWAYS: Remove existing driveway (cement, pavement, pavers) and excavate base to 12” depth. Refill with 8” road grade stone, and then compact. Add 1” C-33 Course Sand. Install Brick pavers. Install ridged or flexible PVC edging if masonry border does not exist. (Or specifications spelled out on contract). PATIOS &
WALKWAYS: Remove existing patio or walkway (concrete, pavement, or pavers) and excavate base to 8” depth. Refill with 4” of road grade stone, and then compact. Add 1” stone dust and compact again. Install Brick Pavers. Install ridged or flexible PVC edging if masonry border does not exist. (Or specifications spelled out on contract). BELGIUM BLOCKS CURB: Installation will include a footing excavation and installation of a depth of 8” followed by installation of block with 4000 psi concrete. (All Belgium block to be laid horizontally unless specified otherwise on contract).
GUARANTEE
(A) All work has a one (1) year guarantee from the date of installation. (B) DCR Paving & Masonry shall have access and freedom of movement on purchaser’s property. Purchaser shall not restrict DCR Paving & Masonry from recovering any, and all equipment, construction materials and or any miscellaneous items in the event of purchaser’s failure to comply with payment schedule. (C) In the event of default by purchaser of any or all provisions in this contract, purchaser agrees to pay all costs including but not limited to collections costs, interest on default payment and reasonable attorneys fees. (D) Warranty: Materials supplied by the seller are guaranteed by the manufacturer. Equipment furnished as part of this proposal is warranted by the manufacturers. These warranties are passed through the seller to the client according to the manufactures policies, Seller only warrants his own work. (E) DCR Paving & Masonry uses high grade materials and our workmanship is provided by many years of experience and an excellent reputation. Our work is guaranteed for one year, the guarantee limited to the terms hereof, except that we do not assume responsibility for conditions caused by instable soil, defective drainage, work of others or unusual use of the area, unless specified in the contract.
We do not assume responsibility for scuffing of asphalt pavement caused by hand application of power steering. Driveway must be maintained and sealed. We assume no responsibility on patch work DCR Paving & Masonry assumes no responsibility for areas that are seemed or not passed through the screed and hand raked, (i.e.) variation in texture.
TERMS & CONDITIONS
DCR Landscaping & Construction, Inc
d.b.a. DCR Paving & Masonry
104 Norcross Avenue Metuchen, NJ 08840
CANCELLATION CLAUSE
(F) DCR Paving & Masonry may cancel this contract where timely payments are not received and certified delinquent notification to the homeowner is provided allowing 15 days to correct this deficiency. (G) If DCR Paving & Masonry certifies bankruptcy during the contract period, then the contract will be deemed null and void. The specifications and conditions as shown above are to balances over 30 days. All deposits are non-refundable. DCR Paving & Masonry will issue a credit for the same type of work contracted which will be able to be used within a six month period only. Customers will be given one day notification before the start of the project. If third payment is not received prior to paving, customer will be bypassed. If contract is canceled within the three-day period, you are entitled to a refund of your deposit less DCR Paving & masonry design time, site visit time, or any other incurred contracting fees. Refunds must be made within thirty (30) days of the contractors receipt of cancellation notice unless these fees were contracted and paid separately. Acceptance of Proposal: The prices, specifications and conditions as shown on this contract are satisfactory and are hereby accepted. DCR Paving & Masonry are authorized to complete this contract and payment schedule will be followed as outlined on reverse. DCR Paving & Masonry will apply a service charge of 2% per month to all invoices not paid according to the DCR Paving & Masonry payment schedule. Customers are not added to a schedule until a deposit and signed contract are collected and permits are applied for.
Cost of Services.
The cost of Services is set forth above in Hourly Services & Equipment
2. Commencement of Snow Removal Services. DCR will commence performance of Services automatically upon: (i) the accumulation of 2” of snowfall; or (ii) occurrence of black ice, freezing rain, or accumulation of sleet. Services will be complete or in progress by 7:00 a.m. depending upon when snowfall ceases. For every storm that is predicted to accumulate more than 2”, DCR shall return to the Property approximately every 2” and perform the Services.
3. Payment. DCR shall submit an invoice at the conclusion of each event to owner/company and payment shall be due within thirty days from date of such invoice. All prices are subject to 6.625% sales tax. Any payments not received within thirty days of such invoice shall be subject to a finance charge of 2% per month and shall continue to accrue until such payment is made. NON-PAYMENT OF PRIOR SERVICES FOR MORE THAN 15 DAYS AFTER INVOICE WILL RESULT IN SUSPENSION OF SERVICES UNTIL PAYMENT IS MADE. There will be a $35.00 charge for returned checks. Any account past 90 days will be turned over for collection at which time legal action will be taken at full cost to the customer, including reasonable legal/collection fees.
4. Termination. DCR may terminate this Agreement for any or no reason upon thirty (30) days’ notice to the Customer or immediately upon a breach of any provision of this Agreement by the Customer. The Customer may terminate this Agreement prior to the commencement of Services upon thirty (30) days written notice to DCR; provided however, that DCR will not refund any monies paid by the Customer up to the effective date of termination and the Customer will be responsible for any expenses incurred by the DCR to that date. Upon the commencement of Services hereunder, the Customer may not terminate this Agreement.
5. Indemnification. Customer shall indemnify and hold harmless DCR and any of its shareholders, employees, contractors, agents, or affiliates (collectively, the “Indemnified Parties”) from any and all claims, losses, liability, damages, fines, sanctions, and expenses, including reasonable attorney’s fees arising or resulting, directly or indirectly, in connection with any its performance of Services hereunder.
6. Disclaimers.
a. DCR is not responsible for any damaged property unless it is due to DCR’s gross negligence.
b. DCR will not perform Services within 10 feet of any automobiles parked at the Property.
In the event of snowfall of more than 12”, DCR shall clear all main roadways and entrances in order for the business to operate and open. DCR shall perform all other Services within 24 hours of the end of t
7. Signatures. DCR and the undersigned Customer hereby agree to the terms of this Agreement by signing below.
Run off & Re-Freeze DCR is not responsible for run off and re-freeze in the parking lots and or sidewalks and common areas. DCR will treat all areas specified in this contract with an application of salt and or calcium chloride as needed after the storm has occurred.
The snow removal agreement for the above referenced contract. These prices are based upon the snow removal specifications that were requested. DCR Landscaping & Construction, Inc. will automatically visit your site with a 2” snowfall or when there is black ice, freezing rain or accumulation of sleet. There is no call necessary for this to be completed. One salting must be performed after plowing due to liability and without authorization. If no de-icing is performed, DCR Landscaping & Construction, Inc. will not be liable for any problems that may arise from this situation. DCR will keep all walkways, steps loading ramps, fire exit doors, garbage enclosures, parking areas, entrance & exit ways and fire hydrants free from snow & ice not compacted snow (snow/ice that had traffic activity).
If there is 2” of snow or more and the property manager or owner decides that they do not
want their property to be plowed, a charge of 30% will be billed for preparing the
equipment, setting up the job, staff charges and holding a time slot for the company.
