Proposalcontract 20231101170012

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PROPOSAL NUMBER

4593-2

ADDRESS
224 R St NW, Washington, DC, 20001

CLIENT
Smart Build
Andrey Magaz

CONTACT
[email protected]

11/1/2023

PROPOSAL
NORTHWEST COOPERATIVE HOME - 3-
DAYS NEW LOTS/HIGHLY
RECOMMENDED

Dear Andrey Magaz,

Thank you for the opportunity to provide you with a proposal.

Per your request, we propose to supply the following to complete the indicated job: Labor, Materials,
Equipment
Exclusions: Testing, Towing, Permits, 3rd Party Inspections, Stake Out, Removal Or Relocation Of Utilities, Any
Other Items As Listed On The Terms And Conditions Page.

Please review the proposal and feel free to call with any questions

"This proposal, including attached files, contains confidential information only. By accepting it, you agree not to
disseminate it to any other person or entity in any manner and not to use the information, maps, or pricing for
any purpose other than considering opportunities for a cooperative business relationship with Brothers
Standard Striping. If shared without Standard Striping consent, it can result in legal action."

ADDRESS TELEPHONE EMAIL


P.O. BOX 433 410-867-2942 office COMPANY: [email protected]
GALESVILLE, MD 410-867-2943 fax SALESPERSON: [email protected]
20765
PROPOSAL NO.: 4593-2 | 11/1/2023 | PREPARED FOR: SMART BUILD | NORTHWEST COOPERATIVE HOME

PROPOSAL

MILL & PAVE {3 DAY MOBILZATION} Price: $71,695.00

Mill and Pave 3,414 Square Yards, to a depth of 2.00 inches.

This work is performed by profile milling proposed area and removing asphalt from the site.
The vertical edges of the open patch will be tack coated using CRS2 emulsion.
New asphalt will then be placed by a self-propelled paving machine at the above depth and rolled and
compacted to a uniform consistency (multiple lifts may be required). The finished elevation of the new asphalt
will match the adjacent pavement surface.
All new asphalt material will be Department of Transportation approved. In the initial excavation,
If unsuitable materials are encountered (paving fabric, contaminated material, etc) and deemed by Contractor
or Supplier unacceptable to be delivered to the original desired location, the material will be taken to a dump
site at an additional charge of $350/per truckload plus dump fees.
Purchaser agrees to pay all cost associated with asphalt milling disposal.
We will not be responsible for ponding water or poor drainage in areas where the grade is less than 2%.
Purchaser is responsible to ensure all vehicles are removed (towing if required) from the affected areas no
later than 7:00 a.m.

STRIPING Price: $3,730.00

Striping will consist of the following:

96 Parking Stalls (Restripe)


3 STENCIL - 12 "Fire Lane
96 STENCIL - 8" 2 digit Numbers
4 STENCIL - 12" No Parking

This work will be completed as coordinated with Purchaser. Any painting on concrete surfaces is not warranted.
Chlorinated rubber-alkyd, thermoplastic material is not included in our scope of services. Purchaser is required to
provide Contractor with a detailed drawing designating exact layout of area to be striped. If Purchaser does not
provide a detailed striping layout, Contractor will exercise its best effort to re-stripe the area per the existing layout
and will not be held responsible for discrepancies in new layout and stencils. Contractor is not responsible for
obtaining current ADA, Federal, State, & Local Parking Lot Stripe Codes and or re-designing existing striping layout.
Purchaser agrees to pay Contractor a minimum of $850 for each additional mobilization required for striping
not listed above.

TOTAL PRICE OF THIS PROPOSAL AS PRESENTED: $75,425.00


PROPOSAL NO.: 4593-2 | 11/1/2023 | PREPARED FOR: SMART BUILD | NORTHWEST COOPERATIVE HOME

AGREEMENT

Standard Striping proposes to furnish material and labor to perform the work outlined herein for the sum of:
$75,425.00

This proposal is valid for thirty (30) days from the date written above. The proposal is subject to the terms
and conditions enclosed, attached and/or on the backside of the proposal.
NOTES in addition to Page 2 Terms & Conditions: * Proposals listing multiple items have been discounted as
a total package price. Should the customer wish to proceed with particular item(s) only, the per item cost
may increase. * Curb with existing paint: Due to conditions and creations beyond our control of existing curb
paint, we cannot guarantee the repainting of curbs from further flaking and peeling. * Thermoplastic Striping:
Requires temperatures to be 50 degrees and rising. Should customer wish to proceed with installation in less
than these temperatures, no warranty nor guarantee will be provided.

Any upward adjustment in the price of liquid asphalt cement over per liquid ton, FOB refinery, will be passed
on to the customerasphalt index of $620.00 as of 09/13/2023

This proposal contains confidential information belonging to the sender, which is legally privileged. The
information is intended only for the use of the individual or entity named above. If you are not the intended
recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance
on the contents of this proposal is strictly prohibited. If you have received this proposal in error, please
immediately notify us by telephone to arrange for return of the original documents to us.

Sincerely,
________________________________________
Tim Pearsall, Sales/Project Manager

[email protected]

Accepted: The above proposed terms and conditions, including price and payment terms are satisfactory and
hereby accepted. Standard Striping is hereby authorized to proceed with the work specified.

Purchaser: _________________________________ Title: ________________________________

Printed Name: ________________________________ Date: _______________________________


PROPOSAL NO.: 4593-2 | 11/1/2023 | PREPARED FOR: SMART BUILD | NORTHWEST COOPERATIVE HOME

TERMS & CONDITIONS

TERMS AND CONDITIONS


These terms and conditions (the “Terms and Conditions”) are by and between Standard Striping, a Brothers National company, (hereinafter the
“Contractor”), and the front-side “Purchaser”, (hereinafter, the “Purchaser”).
Technical Requirements:
· Liquid Asphalt Price Index: Purchaser agrees to pay Contractor $.005 per square yard inch for every $1.00 increase (or portion thereof) in
Liquid Asphalt over the posted short ton price as posted on the date of the Proposal by Virginia State Asphalt Associations or the Maryland State
Asphalt Association. The increase will be based on the location of work and posted index price on the date of Proposal vs the highest posted
index price within 45 days before or after date work was executed. Rates are posted at VDOT (www.vdot.com) or MDOT (www.mdasphalt.org)
websites. Example: ((Increase * (.005 * syi)) * sq yds)
· Fuel Surcharge: Purchaser agrees to pay Contractor a fuel surcharge when published diesel fuel prices exceed $3.50/gal. based on the
following scale. This surcharge will be added to the total invoice based on the dates of work. Rates for East Coast, Central Atlantic (PADD1B) are
posted at https://www.eia.gov/petroleum/gasdiesel/

· Unit rates applicable to the categories of work to be performed under this Proposal are based on prevailing material costs and published
indexes. Purchaser acknowledges that if the material rates increase by the date all work under this contract is completed, the unit rates
applicable to the materials and work performed shall be adjusted. The adjusted rates shall be committed and paid by the Purchaser as though a
written change order were approved and signed by both parties. This Proposal is valid for thirty (30) days from the date on the Proposal cover.
· All new asphalt material will be Department of Transportation approved. The material will be compacted, rolled, or otherwise finished to
achieve a uniform surface. Low areas will be leveled prior to or during the placement of the new surface and additional asphalt repairs may be
done prior to the new overlay. Tac coating will be evenly distributed over the proposed overlay area to bond the new asphalt overlay to the
existing surface.
· All stone, asphalt, and concrete depths indicated are to be interpreted as average depths prior to compaction. Actual Asphalt Repair depth
regardless of depth specified in the narrative description of work will only go to the stone base or specified depth whichever is less. Drainage is
not guaranteed in areas having less than 2% grade. For concrete work, Contractor will install expansion joints as required.
· Unit prices shall apply to all work performed beyond the original scope if such work can be performed at the same time Contractor is
working on-site for original items of work. Contractor reserves the right to renegotiate the terms and conditions, including price if equipment
must be moved back to the site to perform additional work. Contractor is under no obligation to perform any extra work. This Proposal is based
on the existence of a workable sub-base layer of at least four (4) inches. It shall not be Contractor’s responsibility to check sub-base unless
specified and paid for in the contract. Contractor shall not be responsible for consequences of sub-base deficiency or failures, including but not
limited to damages or inability to perform work due to poor compaction, underground springs, buried materials, grade failures, etc.
· Purchaser shall not prematurely subject the work to any type of traffic; loads in excess of the design capacity before proper cure, or in a
manner which may damage the work. Contractor is not responsible for graffiti, tire tracks, animal or human footprints, etc., on finished
concrete/asphalt.
· In the event air temperatures fall below the acceptable range (per Industry standard) for concrete and asphalt products, the Purchaser will
incur all costs to maintain the required temperatures. There will be a $.15 per square foot per day rental fee for blankets used to regulate the
temperatures. If heaters are required to maintain certain temperatures there will also be a $150.00 fee per day, per heater. The minimum
acceptable temperatures are 40 degrees Fahrenheit for both concrete and asphalt.

Coordination of Work:
· Purchaser shall ensure all existing surfaces be in a condition suitable to receive work to be performed by Contractor. Purchaser shall provide
potable water and electrical source at no expense to Contractor.
· If the contract is canceled by Purchaser prior to the commencement of work, Purchaser will pay Contractor twenty percent (20%) of the total
contract price. If Purchaser cancels scheduled work within 48 hours of each scheduled workday, Purchaser agrees to pay Contractor $2,500
mobilization fee per incident.
· Although Contractor will endeavor to cooperate fully with the progress of the work, it reserves the right to delay the start of work until the
entire area of the job is ready to be poured, paved or sealed. Unless otherwise noted, the total price is based on one move-in and complete
access to work areas at the time of move-in. Purchaser agrees to pay Contractor $2,500 for each additional move-in. The removal of vehicles
from the work site is the sole responsibility of the Purchaser. Damage to vehicles left on the work site is the responsibility of the Purchaser.
Contractor is not responsible for crackfill that adheres to tires. Contractor is not responsible for overspray on vehicles, curb and gutter, and all
structures within 50 feet of the edge of the parking lot and/or area being sealed or treated.
· Contractor shall not be bound to schedules unless agreed to in writing. If no schedule is established, Contractor will undertake work in its
normal operating schedule.
· Transitions and tie ins to sidewalks, pathways, aprons, garages, bridges, etc. will be cut a minimum of 12” from the edge to ensure a smooth
tie in and a finished elevation that matches the adjacent surface.
Commercial Terms:
· Purchaser is responsible for all costs associated with waste disposal. This Proposal assumes that there is no contaminated paving fabric in
the service area unless otherwise noted in this Proposal. If unsuitable materials are encountered and deemed by Contractor unacceptable to be
delivered to the originally desired disposal location, the material will be taken to a dump site at an additional charge of $350/per truckload plus
dump fees.
· Unless otherwise stated elsewhere in this Proposal; all invoices shall be due and payable within 30 days of the invoice date. Work will be
invoiced upon completion or monthly at Contractor’s discretion.
PROPOSAL NO.: 4593-2 | 11/1/2023 | PREPARED FOR: SMART BUILD | NORTHWEST COOPERATIVE HOME

· Each phase of work will be billed upon completion of that phase. Purchaser agrees to pay all invoices within 30 days of the invoice date. All
unpaid amounts beyond the due date shall bear interest at the rate of 1.5% per month until paid. If full payment (including late charges) has not
been received by Contractor within 45 days of substantial completion, all of Purchasers warranty rights hereunder, as applicable, will be forfeited
and automatically become void and Contractor shall be excused from further performance of work under this Proposal or any other contract
with Purchaser and all amounts then due and owing, including retainage, shall become immediately payable.
· The pricing contained herein is based on work being completed within 30 days of the date of this Proposal unless otherwise agreed in
writing. Terms for doing work after this date may, at Contractor's option, be renegotiated between Contractor and Purchaser. To the extent
Contractor has performed work within 30 days of the date of this Proposal, Contractor shall be compensated for all such work under the terms
and conditions at the price set forth in this Proposal, including retainage, together with any costs incurred resulting from Purchaser’s delay in
completion of the work. Purchaser agrees to compensate Contractor for ALL reasonable costs (and associated overhead and profit) for delays
incurred completing the work.
· In the event Contractor retains an attorney to recover any amount due under this Proposal, the Purchaser covenants and agrees to pay all
reasonable attorney’s fees and court costs incurred by Contractor, whether suit is filed thereon or not.
· This Proposal shall be construed and enforced in accordance with and governed by the substantive laws of the State of Maryland. Any
dispute arising with regard to this Proposal shall be exclusively determined by the courts of the State of Maryland and all parties hereby agree to
submit themselves to the jurisdiction of such courts. This Proposal constitutes the complete and exclusive statement of the agreement between
the parties and supersedes all proposals, oral or written, and all other prior contemporaneous communications between the parties relating to
the subject matter of this Proposal. The Proposal may be modified only by a written amendment that expressly refers to this Proposal and is
executed by duly authorized officers or representatives of the parties to this Proposal.
· All notices required under this Proposal shall be specific, in writing, and effective upon receipt. Any required notice to either party under this
Proposal shall be posted by certified mail or overnight courier with delivery verification capability to the party and address specified in this
Proposal. Electronic mail notices may be given if confirmed by electronic mail or other writing by the recipient. Telephone and facsimile notices
do not constitute notice hereunder and shall be confirmed in writing and posted by certified mail or overnight courier with delivery verification
capability to be regarded as notice under this Proposal.
· This Proposal shall bind and inure to the benefit of the parties to this Proposal and their respective successors, permitted transferees, and
permitted assigns. No provision of this Proposal shall be deemed to confer upon any other person or entity any remedy, claim, liability,
reimbursement, cause of action, or other right whatsoever.
· The parties mutually acknowledge that the provisions of this Proposal are the product of arms-length negotiations, with both parties having
essentially equal bargaining strength, access to legal representation of its choice, and opportunity to determine the language used herein. The
provisions of the Proposal shall not be construed for or against either party. The captions and headings of the Proposal are for ease of reference
and shall not be deemed to define or limit the scope of any terms, covenants, conditions, or agreements contained herein or in any exhibit or
attachment attached hereto. As used herein, all words in any gender shall be deemed to include the masculine, feminine or neuter gender, all
singular words shall include the plural, and all plural words shall include the singular, as the context may require.
· The waiver of any right in this Proposal shall be in writing and signed by the party against whom enforcement is sought. The waiver of any
right in this Proposal shall not be a waiver of any other right in this Proposal.
· In the event that any provision of the Proposal is declared void, invalid or unenforceable by a regulatory agency, tribunal or court of
competent jurisdiction, the remainder of the Proposal shall continue in full force and effect as if the offending provision were not contained
herein, and the offending provision shall be replaced by a mutually acceptable and valid provision. If the parties cannot reasonably agree on a
replacement provision and the offending provision is material to the Proposal, either party may terminate the Proposal upon written notice to the
other party, provided that all obligations of a party which shall have accrued prior to the date of termination shall be fulfilled by the party.
· This Proposal may be executed in separate counterparts, and any party hereto may execute any such counterpart, each of which shall be
deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. This Proposal shall
become binding when one or more counterparts taken together shall have been executed and delivered (which deliveries may be by telefax,
electronic mail, .pdf, or the like) by the parties.
· Contractor and Purchaser are independent contractors; neither party is the agent, representa​tive, or employee of the other party; and
nothing in this Proposal will be construed to create any relationship between them other than an independent contractor relationship. Neither
party shall have any responsibility or liability for the actions of the other party, except as expressly provided herein. Neither party will have any
right or authority to bind or obligate the other party in any manner or make any representation or warranty on behalf of the other party.
· Either party may at any time insist upon strict compliance with the terms and conditions of this Proposal, notwithstanding previous custom,
practice, or course of dealing to the contrary.
Exclusions:
· Testing - Towing - ADA Slope Compliance - Permits - Inspections - Stake out - Removal or relocation of utilities
· Contractor is not responsible for tire marks on asphalt and or concrete. Contractor is not responsible for damage to landscaping and
sidewalks due to required access by trucks and or equipment. Contractor is not responsible for damage to existing asphalt pavement due to
weak, unstable, non-compacted or wet subbase materials. Contractor is not responsible for damage to surrounding pavement structure, curb,
gutter, milling transitions, tree damage, or dust due to this work. To the extent that work is dependent upon work of other contractors or
subcontractors, Contractor shall not assume responsibility for any defect, deficiency, or non-compliance in such work.
· Unless stated in writing on this Proposal, all engineering and testing, subgrade stabilization (undercut), excavation, utilities, adjustment of
underground facilities, manholes, water valves, or underground structures, striping, landscaping, permits, bonds, government approvals, damage
to existing asphalt and concrete and landscaping shall be Purchaser’s sole responsibility. Further, Contractor hereby disclaims any and all
representations and warranties, express and implied, including without limitation the implied warranties of merchantability and fitness for a
particular purpose, in connection with any material or service furnished under this Proposal. All indirect, incidental, special, punitive or
consequential damages are hereby excluded.
· Contractor is not responsible for any soft or unstable sub-grade that may cause future sinking, breaking, or cracking of asphalt
surface. Contractor will take every precaution to preserve landscaping; however, transportation of equipment and production (depending on the
width of the work area) can and often will disrupt landscaping. Repairs to landscaping damaged or altered during the completion of the job will
be the sole responsibility of the Purchaser.
Additional Terms:
· Purchaser is responsible to ensure all vehicles are removed (towing if required) from the affected areas no later than 7:00 a.m. of the day
work is scheduled to begin.
· Purchaser is responsible to obtain all “private” (non-public) utilities, including wells & septic elements, underground sprinkler systems,
electrical wiring, etc. marked by an independent utility locator prior to commencement of work. All specifications & work estimates are
conditioned on all private utilities not being disturbed or work being modified to accommodate private utilities not disclosed to Contractor
previously. Any damage caused to private lines during construction is the sole responsibility of Purchaser unless marked by an independent
utility locator. Purchaser is responsible for all damage to existing structures & facilities, including underground facilities caused by equipment
PROPOSAL NO.: 4593-2 | 11/1/2023 | PREPARED FOR: SMART BUILD | NORTHWEST COOPERATIVE HOME

necessary to carry out the work. Contractor is not responsible for construction or material failures or delays in construction caused by any factor
beyond its control, including, but not limited to, delays or failures caused by weather, acts of God, a pandemic, delays in transportation, acts of
suppliers & subcontractors, acts of Purchaser, Owner or its contractors, fuel or raw material shortages, plant failures, or any other cause beyond
its control.
· Purchaser will, prior to Contractor leaving the job site, arrange for an authorized representative or agent of the Purchaser to inspect
completed Contractor work in the company of a Contractor representative. Purchasers’ failure to inspect job site as above will signify acceptance
of work performed by Contractor and Purchaser’s agreement to pay the bill in full within fifteen (15) days. Purchaser agrees to indemnify, defend,
protect, and hold Contractor harmless from all damages, expenses, and attorney’s fees suffered or incurred on account of Purchaser’s breach of
any obligation or covenant of this Proposal.
· Following all work, Contractor will remove any forms, materials, debris, and equipment belonging to the contractor. Barriers may be left in
place up to 72 hours for safety.
· Advice from Standard Striping to Protect Your Concrete Surfaces: Do not use deicers during the 1st year. Never use deicers containing
ammonium nitrate or ammonium sulfate. Use plain sand and apply a concrete sealer for protection periodically.
The Nation's Premier Asphalt & Concrete Partner
PROPOSAL NO.: 4593-2 | 11/1/2023 | PREPARED FOR: SMART BUILD | NORTHWEST COOPERATIVE HOME

NEW LOTS
NEW LOTS

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