Terms and Conditions
REMINDERS
- Sprinklers must be turned off :
- for seal coat and crack seal - 24 hours before and 24 hours after
- for paving - 48 hours before and zero hours after
- If sprinklers turn on during work or area is wet when crews arrive, standby time or mobilization charges will apply and work may not be able to be completed as scheduled.
- Remove all vehicles, dumpsters and other encumbrances from area of service and at least 25 feet surrounding area before the project is scheduled to begin.
- Standby fees will be charged if crews are delayed due to issues that are the customer's responsibility. Additional cleaning charges will apply for removal of branches, chemicals, weeds, caked on or excessive dirt, or large debris. Pressure washing, if needed, is the responsibility of the customer.
- Mobilization fees will be charged if work crew must leave and return for any reason as a result of site not being available or prepared for work to be completed.
- Customer is responsible to spray/kill weeds before any service, if needed.
- Construction services often result in damage to underlying or neighboring pipes or wires. Customer should have such protected or moved prior to service or plan for any needed repairs after service.
- Landscape restoration is the responsibility of the customer.
- If soft spots, structures, concrete, large rocks or other encumbrances are encountered during excavation, additional charges will apply.
TERMS AND CONDITIONS
General
Top Job, LLC is not responsible for any alteration or deviation from this agreement unless approved in writing by an authorized representative of Top Job, LLC. It is agreed any verbal promises, agreements or other understanding other than those specifically contained herein may be accepted or rejected at Top Job, LLC's discretion. Any work not specifically quoted in estimate is not included.
This proposal is based on a non-prevailing wage job site unless otherwise stated and does not include certified payroll. Only one discount may be applied to any estimate unless indicated otherwise in the estimate.
Prices are based on having adequate equipment access to the job site. Buyer shall be responsible to direct Top Job, LLC employees as to proper ingress and egress of the property. To the extent that such direction is followed or that no direction is given, Top Job LLC, shall not be responsible for any damage to the property where the work is being performed, including but not limited to: damage to buildings, curbs, gutters, sidewalks, existing pavements, lawns, or other plants or trees, sprinklers or other landscaping related items, or utilities. it is the customers responsibility to restore landscaping, utilities, hardscape and structures along the access path and in the area where the work is performed. Excavation, removal of existing pavement or use of heavy construction equipment often causes damage to underlying wires or pipes. Customer should have any affected wiring or pipes rerouted prior to service or plan for repairs after service. Often, Top Job does prep work and installation of new products in rapid succession. If customer needs time to work in the service area between phases of a project that causes a delay or a return visit, standby time or remobilization charges will apply.
Equivalent or superior product may be substituted if specified product is reasonably unavailable. To the extent that the estimate is specified with a unit or square foot price, it is agreed that the number of units or square feet indicated is an approximation. Additional charges may apply for any additional units or square feet completed as determined by field measurement.
This proposal excludes permits, engineering fees, surveying, bonds, soil, compaction and other testing, inspections, and off haul of hazardous or other materials, unless otherwise stated.
ADA Disclaimer: Top Job, LLC is not responsible for bringing site conditions to current ADA compliance unless otherwise directed by Client to do so and stated in estimate; if requested, a recommendation will be made and additional charges will apply. It is recommended that a certified ADA consultant view the site to make recommendations and evaluations as required by Federal and State laws; any such evaluations will be at Client's expense.
Your attention is directed to civic codes that require us to notify you of a Mechanic's Lien "if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to Mechanic's Liens." Under the Mechanic's Lien Law, any contractor, sub-contractor, laborer, supplier or other entity that helps to improve your property but is not paid for their labor, services, or material, has a right to place a lien against your property and to sue you in court to obtain payment. This means that after a court hearing, a court officer could sell your property, and the proceeds of the sale used to satisfy the indebtedness. This can happen, even if you have paid your contractors in full, if the, sub-contractors, laborers, or suppliers remain unpaid. To preserve their right to file a claim or lien against your property, claimants such as the contractor, sub-contractors or material suppliers are required to provide you with a document called a "preliminary Lien Notice". Please note that a "Preliminary Lien Notice" does not mean that a lien has been filed against your property; rather, its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. The contractor shall, upon request, furnish a conditional release from any claim or Mechanic's Lien for that portion of work for which payment has been made.
Please have an authorized representative on sight to approve each phase of work completed. If no representative is available then the work shall be inspected and approved by a Top Job, LLC inspector and shall be considered adequate. If customer elects to have additional work completed, additional charges will apply. Written notice of any alleged claim or defect must be given to Top Job, LLC at it's corporate office, PO Box 454, Mendon, UT 84325 no later than ten(10) days after the completion of the work under this contract. Failure to give written notice as herein provided shall be and constitutes a waiver of any such alleged defects or claims. When Top Job, LLC mobilizes a crew, they take the appropriate equipment, personnel, and material required to complete the job as specified. Often pre-ordering of material is required, and unused quantities are paid for by Top Job, LLC and cannot be used at a later time. In some cases fees apply to disposal of unused materials. The crew's schedule has also been planned to accommodate the scope of work as specified. As such, if a decision is made by the client's on site representative to reduce the scope of work, or less than the full quantity of material allocated for the job is used, typically no price reduction is possible.
All pricing is based on one mobilization and assumes work will be scheduled and batched with other projects based on location and scope of work for efficiency purposes unless stated otherwise in estimate. Projects divided into multiple parts for customer convenience or requiring return visit(s) because of encumbrances or change of scope will be charged additional mobilizations. It is the customer's responsibility to remove encumbrances, including but not limited to: vehicles, dumpsters, chemicals, sprinkler water, weeds, excessive dirt and debris, piles of gravel or other landscaping materials, etc. prior to service. If Top Job, LLC's work progress is interrupted or impeded due to encumbrances or because of access issues, customer will be charged as follows: towing at a minimum rate of $85 per vehicle and standby charges of $300/hour/crew (up to 3 persons per crew) and/or mobilization charge for a return visit of $300 per vehicle per hour-1 hour minimum, $100 minimum charge if pavement is wet or sprinklers turn on during service. Vehicles and other items of value must be at least 25 feet away from work zone. Damage caused by failing to remove encumbrances, shall be the responsibility of the customer. If a customer chooses to withdraw from a contract after work has begun, the customer is responsible to pay for the total value of services rendered. If a customer chooses to withdraw from a contract before work has begun, any funds deposited toward the project will be refunded minus 2% of the total value of the project or $100, whichever is greater. If costs incurred by Top Job exceed deposit paid, entire deposit will be retained by Top Job and customer agrees to pay remaining balance within 10 days of withdrawing from contract.
Because there is a balance between opening an area to traffic early which may void or reduce the warranty, allowing longer cure times, inconvenience and lost revenue, it is the responsibility of the customer to open service areas to traffic. Top Job may advise and recommend but ultimately it is the choice of the customer.
By accepting this quote customer grants Top Job, LLC the use of pictures, video, etc of before, during, and after representations of the project and adjacent background landscape and structures in our advertising, educational and training materials, etc. If you would like to opt out of using media from your property please notify us in writing. Media generated from projects will NOT be used as negative examples without explicit written permission from customer.
There is a $100 per day additional fee for work scheduled outside of normal business hours, ie nights or weekends.
Warranty
Customer agrees to abide by the terms of the Warranty. Warranty period for surface treatments is 30 days unless otherwise specified in estimate. New asphalt pavement is warranted for 24 months. Overlays and patches are warranted for 12 months. Any product failure due to neglect or mistreatments is excluded from warranty coverage. No warranty work will be performed unless contract and any applicable change orders, late fees, interest, etc are paid in full. There is no warranty on warranty work. Warranty documents with additional terms are available on request.
Terms
By accepting this estimate customer authorizes Top Job, LLC to perform only services indicated, agrees that he/she has chosen not to correct other pavement defects including replacing damaged areas necessary to eliminate all defects and trip hazards and retains liability for accidents and/or injuries that may result from not replacing the pavement. Customer grants access to referenced property. Customer releases Top Job, LLC from all liability for damages caused to persons or property. A $35 fee will be charged for returned payments. A monthly $25 repeat billing charge will be assessed on accounts past due. Payment is due upon completion. An express mechanics lien is acknowledged on the referenced property to secure the amount of services thereto. Payment is due upon completion of each line item. A finance charge of 2% per month will be assessed on unpaid balances. Customer agrees to pay all finance charges, billing charges, collection and reasonable attorney fees incurred in collection. Utah law shall govern for purposes of this contract on any dispute arising hereunder and jurisdiction and venue shall solely be in the courts of the State of Utah. This quote may be withdrawn if not accepted within 15 days. If customer provides a PO rather than signing Top Job's estimate, customer acknowledges and agrees to terms and conditions included in estimate.
Cleaning
Cleaning by Top Job, LLC is limited to sweeping and blowing off loose dirt and debris. Oil spots, dirt and mud will be scrubbed with wire bristle push brooms and blown off. Pressure washing is the responsibility of the customer unless specifically quoted in the estimate.
Dirt, mud, and oil can settle in pores or become ground into pavement which can negatively affect adhesion of surface treatments and crack seal. The best way to address these conditions is by washing the surface with water. Washing is not included in standard estimates unless specifically listed. Because site conditions change over time, it is the customer's responsibility to identify and address such areas prior to the crew’s arrival. Unless specified otherwise or a vac truck is listed in the estimate, all debris removed from parking lot will be disposed of on site.
Crack Seal
Vertical seams are not included in edge seal pricing unless specified in the estimate. Compressed air is utilized to clean foreign debris from cracks prior to crack sealing. Every effort is made to remove weeds during that process, and when necessary, weed-eaters are also used. This generally leaves weed seeds and small weeds and roots which can grow back through the crack sealant. Therefore it is highly recommended that the customer treat weeds with weed killer and soil sterilant until cracks are weed free prior to crack sealing. Work damaged by weeds shall not be Top Job's responsibility and is not covered by warranty. Sometimes asphalt can be so deteriorated that crack seal will not stick (one example is a crack running through an oil spot. Crack seal is not included in these types of cracks. If a crack like this is hit by the crew, it is not covered by warranty.
Crack Seal services do not include fatigue cracks, hairline cracks less than 3/8" wide and deep, foundation cracks or edges, vertical seams, concrete edges, or cracks over 2 inches wide, unless specified in bid. Cracks over 2 inches wide should be sealed with Mastic. Cracks may be sealed with hot rubber before or after sealcoating. Hairline cracks less than 3/8 inch are too small to be crack sealed effectively* (pg 582). Large cracks (1" wide+ and without a visible bottom) often have an unseen void below the asphalt due to erosion of the base. These voids can be very large, sometimes 3-4 times the visible void. This can add significantly to the cost of crack sealing with extra material being charged at the per pound rate and should be anticipated. Alligator cracks will only be sealed at customer’s request. Additional charges may apply. Cracks are sealed, not filled* (pg 584). Crack seal material may settle in cracks after application; this does not mean the crack is not sealed. When necessary, 2-3 attempts will be made to bring the material up to grade at the time of material injection. Any return trips requested by the Client or Client's Agent to inject additional material will be billed at time, material, and fuel, plus 20% markup. Surface treatments seal most small hairline cracks.
Properties can often be crack sealed without clearing off all vehicles. Crack seal typically sets up ready for traffic in a few minutes. If we work during the lowest traffic times, we can do the drive isles where most of the cracks are typically located, and hit the parking stalls as cars come and go. We can often hit 100% of sealable cracks, and if we do miss cracks it's typically only a few. Many of these can be sealed with seal coat. This approach works for many customers, but not all. The customer must decide what their priority is: 1) sealing every crack, 2) keeping lot open to traffic, 3) avoiding a re-mobilization charge. If the customer opts to seal without fully clearing the lot and some cracks are missed and the customer wants the crack seal crew to come back to finish instead of sealing them with seal coat, a re-mobilization charge will apply.
Surface Treatments
Surface treatment warranty is void if pavement is not kept clean. Pavement surfaces should be swept regularly to realize full life of all surface treatments. Primer coat is required for warranty to apply, if offered in the estimate. Sometimes small bubbles appear in sealer. Top Job always works hard to work these bubbles out, however sometimes we cannot get them all out. These bubbles do not jeopardize the integrity of the sealant or the pavement, and are not covered under warranty. If pavement is wet, sprinklers turn on during or soon after service, pavement is excessively dirty or compromised, additional cleaning fees may apply and warranty may be void.
Top Job, LLC uses shields to minimize over-spray. Though not typical, small amounts of over-spray or drips on adjacent surfaces may occur but are generally not a problem as they are relatively small and typically flake or wear off quickly. If customer is particular about keeping sealant off any object on or near area to be treated, it is the customers responsibility to tape off, cover or remove the item from the area. If items are not protected or removed and get sealant on them, cleaning shall be the sole responsibility of the customer.
Top Job, LLC makes every reasonable effort to barricade and control traffic to preserve the work being performed and limit liability. However, occasionally individuals are determined to ignore traffic control and cannot easily or reasonably be controlled. As such, truly effective traffic control must be a joint effort between the contractor and the customer. Animals, both pets and wild, are also not easily controlled. Therefore Top Job, LLC is not liable for cleaning or cleaning costs of any soiled surface due to people, animals or vehicles entering freshly sealed areas.
Applying seal coat to a surface with multiple existing layers of surface treatment can lead to delamination of new and existing layers. It shall be the customer's responsibility to understand the history of their pavement and not apply sealer at a frequency that will cause delamination. Top Job experts can give informed information and advice, as well as suggest/quote alternate treatments to avoid delamination, but the final responsibility rests with the customer.
Concrete
Cable, phone lines, sprinkler heads, and other utilities should be protected or moved by customer prior to starting work. Top Job, LLC is not responsible for damage to these items related to removal of poured concrete. New concrete should have no water or traffic of any kind for 48 hours. Sod laying, sprinkler work, and landscape work can be started near concrete work after one week, IF extra precautions are taken to prevent damage to new concrete. Concrete is not fully cured and should not be subjected to normal use for 30 days.
Pump trucks are not included in price unless specified. Customer is responsible to provide and designate large equipment access. Additional charges will apply if limited access necessitates using a pump truck. Cold Weather protection is the responsibility of the customer unless specified in the estimate. Drainage is not guaranteed if surrounding conditions prevent obtaining a minimum 1 percent grade.
Sealing concrete helps prevent damage from water, ice melt and other chemicals but does not repair already damaged concrete. Concrete should be sealed at time of installation and every 2 years thereafter. Concrete not sealed as recommended is not warrantied. Use of ice melt or salt voids warranty. Slight color changes may occur during the concrete sealing process.
Lifted Concrete: If concrete lifting is chosen as a service, Top Job will re-pump one time if settling of more than 1/4" occurs within 2 years if all cracks and joints are kept filled/sealed and back fill along slabs is maintained. Re-pump constitutes using the same holes and does not include settling due to flooding or acts of God.
Paving/Patching/Dirt work/Concrete
Cable, phone lines, sprinkler lines/heads, and other utilities should be marked by customer prior to starting work. Top Job, LLC is careful to not damage utilities, however Top Job, LLC is not responsible for damage to these items related to paving, patching, or dirt-work.
Skin Patching does not eliminate trip hazards. If customer requires patching with an even surface, Remove and Replace should be requested. Customer understands that skin patching has feathered edges that may deteriorate more quickly than the rest of the patch or may be damaged by snow plows or other abusive traffic.
Remove and Replace pricing is based on asphalt up to 3 inches of asphalt or concrete up to 4 inches thick (or as specified in the estimate). If additional thickness is found, additional charges will apply. Placement of asphalt has been bid for that function alone and does not include testing or excavation of the base, sub-base or correction of drainage issues unless specifically listed. If it is determined that the base or sub-base has been compromised by water or otherwise, additional charges will be negotiated to correct the unforeseen problem. If during excavation or grading, structures such as pipes, hard rock, hardpan, concrete or metal are found, additional charges will apply to remove the obstructions if they impede grading or other work. Mat thickness quoted shall be considered to be the average, not minimum. To protect patches from premature failure, patches are typically installed slightly higher than surrounding pavement, with a slight crown to shed water. This also helps the patch to stay at or above grade if it settles. It is unrealistic to expect patches to be the same color, texture, or on the same plane as existing pavement.
Paving equipment is very heavy, and must have adequate access to the job site. Compacting asphalt next to concrete can cause concrete to chip or crack since a compacting roller must exit the asphalt completely with each pass to avoid causing low spots where the drum stops. Top Job works hard to avoid damaging the access areas and adjacent concrete. There are many variables regarding existing concrete that are outside control of Top Job that could contribute to concrete damage including how green it is, how thick, the type of mix, how the joints are made, how flat it is, if it has been treated, how solid the base is, whether it is reinforced with rebar or fiber, etc. In the event concrete damage occurs, it shall be the responsibility of the customer to repair or replace damaged areas. Asphalt contains hot oil which can discolor adjoining surfaces. While Top Job tries to limit damage to adjoining surfaces, some marking is unavoidable. Cleaning adjoining surfaces after paving and backfilling against new pavement shall be the responsibility of the customer.
During Full Depth or Remove and Replace Patching, rain, sprinklers, or other water may cause base to become saturated and unusable. Also, existing base may be compromised prior to cutting into the pavement. Additional charges will apply if base replacement and/or additional mobilizations are required. Base material must be compacted in lifts. If not compacted in lifts base may appear to be solid but settle over time. If sub grade, sub base, and base are not installed by Top Job, LLC compaction of base materials shall be the responsibility of the customer. Any base installed by the customer shall void any guarantee of suitability or compaction. Paving warranty is only applicable if asphalt is at least 3" thick and is voided if damage is caused by chemicals or natural / manmade disasters.
Grading and base preparation is the responsibility of the customer unless included in the estimate. Final or Finish grade does not include rough grade. Rough grade sets slope and drainage. If grading of sub-grade, sub-base, and base are not included in estimate, and soft spots are found while paving or preparing to pave, the sub-base will need to be removed and replaced or fortified. If excessive water is found, it may need to be pumped out and area allowed to dry. Additional charges including mobilization charge will apply. It is assumed that customer has addressed drainage with a qualified engineer prior to requesting placement of asphalt or concrete. Puddles or bird baths less than 1/2" deep are considered within spec. Top Job, LLC is not responsible for birdbaths or puddles greater the 1/2" deep when existing slope is less than 3% or when rough grade is established by another party, or in cases where Top Job, LLC is providing grading/base prep services but surrounding structures/conditions prohibit obtaining a minimum 3% slope. Pavement edges should be backfilled to support asphalt edges and to slow deterioration/reduce damage from traffic and runoff. It is not hard to do yourself but adds substantially to the cost if Top Job has to send a dirt crew out after paving has cured. In the interest of providing maximum value to our customers, we don't provide it as a standard service, but will coach you through it, or provide a quote upon request. It is recommended that driving on edges of pavement be avoided always but especially if edges aren't backfilled. Unless off-haul is specified in quote, off-haul of excavated materials is not included. It is assumed that residential paving is designed for common residential vehicular traffic. If unusual use of the property is expected, it is the customer's responsibility to notify the estimator.
Top Job, LLC utilizes soil sterilant in an effort to prevent vegetative growth through freshly laid asphalt. However, weeds and other plants are very tenacious and soil sterilant only prevents seeds from germinating. To prevent problems, customer should apply an herbicide like Round Up, a minimum of 2-3 times, 1-2 weeks apart before paving service is performed. Additionally, utilizing fresh new base and sub base reduces likelihood of vegetative growth, however, removing old base and installing new can get costly. The best solution is to be on top of plant growth over several months. After paving, adjacent plant growth must also be controlled by customer to prevent damage to pavement. Top Job is not responsible for damage to asphalt from tree roots.
Asphalt is not poured in forms like concrete and by its nature does not have precise edges. If a customer wants a formed product they should choose concrete or construct concrete curbs prior to asphalt placement.
New asphalt should be sealed between 1 month and 12 months after placement to reduce cracking / shrinkage for maximum life.
RAP (Recycled Asphalt)
Recycled asphalt is not the same as hot mix asphalt and sticks together to varying degrees depending on the quantity, flexibility, age and type of oils in the asphalt it was derived from as well as quantities of gravel, dirt or other contaminants that may have been incorporated in the mix during retrieval and processing. Top Job, LLC has no control over the quality of RAP but strives to choose the best RAP available. Customer understands RAP isn't the same as hot mix asphalt and accepts said risk. All estimates for RAP are dependent on local availability.
Slag
Slag is not asphalt or concrete, but is similar to a premium gravel with lime. It locks together better than gravel because of its angularity and over time, with moisture it can somewhat solidify. Customer takes full responsibility to visit existing slag projects, if needed, to educate themselves regarding the product and declares they understand the nature of slag.
*See The Asphalt Handbook for accepted industry standards and guidelines.
Thank you for choosing Top Job Asphalt!