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R26-092 RESOLUTION NO. R26-092 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA,APPROVING THE ISSUANCE OF A PURCHASE ORDER 3 TO M&M ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING 4 IN THE AMOUNT OF $631,255.36 WITH A 10% CONTINGENCY OF 5 $63,125.54 FOR A TOTAL NOT TO EXCEED AMOUNT OF $694,380.90 6 FOR THE CHAPEL HILL RESURFACING PROJECT - PHASE 2; AND FOR 7 ALL OTHER PURPOSES. 8 9 WHEREAS, on April 5, 2022, the City Commission approved Resolution No. R22-057 10 awarding Bid No. PWE22-008 for asphalt and sidewalk rehabilitation on an as-needed basis to 11 Atlantic Southern Paving and Sealcoating LLC, and M&M Asphalt Maintenance Inc., d/b/a All 12 County Paving, and approving an Agreement with each awarded Vendor, for a budgeted amount 13 of $2,000,000 yearly for the services; and 14 WHEREAS, on December 17, 2024, the City Commission approved the renewal of the 15 Agreements through April 4, 2026, and increased the annual expenditure to $2,400,000; and 16 WHEREAS, on September 2, 2025, the City Commission approved Resolution No. R25-238 17 approving the increase of the annual expenditure from $2,400,000 to $3,680,000 for ITB No. 18 PWE22-008 for asphalt and sidewalk rehabilitation on an as-needed basis; and 19 WHEREAS, the City and M&M Asphalt Maintenance, Inc. d/b/a All County Paving entered 20 into Amendment No. 1 dated March 23, 2026, renewing the Agreement through April 4, 2027; 21 and 22 WHEREAS, the City desires for M&M Asphalt Maintenance, Inc. d/b/a All County Paving 23 to conduct the Chapel Hill Resurfacing Project, Phase 2 (Task No. 236), located along SW 23rd 24 Terrace and SW 4th Street. The scope includes roadway milling and resurfacing, speed humps, 25 thermoplastic markings, pavement markers, signage, and MOT; and 26 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 27 best interests of the City's citizens and residents to approve the issuance of a Purchase Order to 28 M&M Asphalt Maintenance,Inc. d/b/a All County Paving in the amount of$631,255.36 with a 10% 29 contingency of $63,125.54 for a total not to exceed amount of $694,380.90 for the Chapel Hill 30 Resurfacing Project - Phase 2. 31 RESOLUTION NO. R26-092 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT: 34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption. 36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve the issuance of a Purchase Order to M&M Asphalt Maintenance, Inc. d/b/a All County 38 Paving in the amount of $631,255.36 with a 10% contingency of $63,125.54 for a total not to 39 exceed amount of$694,380.90 for the Chapel Hill Resurfacing Project- Phase 2, as further detailed 40 in Exhibit A. 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the City Manager to execute any ancillary documents as may be necessary to 43 accomplish the purpose of this Resolution. 44 SECTION 4. This Resolution shall take effect in accordance with the law. 45 [SIGNATURES ON THE FOLLOWING PAGE] 46 RESOLUTION NO. R26-092 47 PASSED AND ADOPTED this a day of 7w3n e 2026. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor- Rebecca Shelton ✓ 51 52 Vice-Mayor-Thomas Turkin 53 54 Commissioner-Angela Cruz ✓ 55 56 Commissioner- Mack McCray ✓ 57 58 Commissioner-Aimee Kelley 59 60 VOTE Jr "c 61 ATTEST: 62 63 64 Tammy Stan one, CMC Rebecca Shelton 65 Interim City Clerk F BON" Mayor 66 . • GORPpCr 4•. 4. 1 . 67 9''' 41 11 APPROVED AS TO FORM: T �i 68 (Corporate Seal) $ CORp L, i i it 69 1 :. 292 1 r . i 70 111 �'••......•' �: 71 1`%%,�RIDA = Shawna G. Lamb 72 City Attorney Deiby Rodriguez Al 4111111111 City of Boynton Beach Public Works 100 East Ocean Avenue CCDUlls1W Boynton Beach,FL 33435 rodriguezde@bbfl.us 561-742-6452 NATIONAL PAVEMENT MANAGEMENT SOLUTIONS PROJECT INFORMATION: Task 236- Chapel Hill Ph2 SW 23rd Terr&SW 4th St Boynton Beach,FL 33435 05/ 14/2026 PROPOSAL NUMBER:2026-814150 SCOPE OF WORK: ITEM NO. DESCRIPTION UNIT ZEST. UNIT PRICE UNIT PRICE 4 Type I Barricade per FDOT Standard Index No 102-600 - EA 200 $ 10.00 $ 2,000.00 Provide for project duration up to 30 days 6 Type II Barricade per FDOT Standard Index No 102-600 - EA 50 $ 10.00 $ 500.00 Provide for project duration up to 30 days 8 Type III Barricade per FDOT Standard Index No 102-600 - EA 12 $ 16.00 $ 192.00 Provide for project duration up to 30 days (20 (MOT Certified Flagman (per person) IHR 1516 I $ 48.00 I $ 24,768.00 I 23 Remove and Dispose of unsuitable material ICY 18 I $ 75.00 I $ 1,350.00 70 1 1/2" Type S-III Asphaltic Concrete (1 Lift)place by paving TON 2906 $ 165.00 $ 479,490.00 machine including tack material & compaction (51 ton to 150- ton assignments) 88 1 1..+2" Average thickness - Roadway Milling including SY 40100 $ 2.50 $ 100.250.00 mobilization MOT & all incidental work & equipment to include hauling off stockpiling or otherwise disoosina of material 97 Speed Hump (CBB std Det P-26) IEA 4 $ 2.500.00 $ 10,000.00 102 Thermo Plastic (Yellow Solid 6") ILF 1450 $ 1.80 $ 2,610.00 111 Thermo Plastic (White Solid 24") ILF 348 $ 9.12 $ 3,173.76 121 Retro-Reflective Pavement Markers - Y/Y(remove and IEA 80 $ 12.00 $ 960.00 126 Single Post - Case 2 IEA 9 $ 288.00 $ 2;592.00 I 129 Traffic Paint (all widths_ all colors) 1SF 1872 $ 1.80 $ 3,369.60 TOTAL $ 631,25536 PAVEM 00 South FL.Corporate Office GIVING CUSTOMERS Paving Advisor 1180 SW 10th St. Josh Marfleet MAINTENANCE&RECON; Delray Beach,FL 33444 35 /CARS OFDiVELORRKUNIQUE SOLUTIONS T:+1 561-302-9361 tOi 'COM CTO R 561-588-0949 E:jmarfleet@allcountypaving.com a www.ALLCOUNTYPAVING.com Donn 1 of R City Rodriguez AI- PRIM City of Boynton Beach Public Works 100 East Ocean Avenue C1:::OLII4TY Boynton Beach,FL 33435 rodriguezde@bbfl.us 561-742-6452 NATIONAL PAVEMENT MANAGEMENT SOLUTIONS PRE-JOB PHOTOS &SITE MAPS tt��FF r . a r r..; ',An I- rF- ,jt•,~4'���>4 _,. . .: ` jIK1 :nt1 11►i �""'. rF- 3 �- rrrrM r,l`Mr'w•�teSIM.tMl!Mti �tr.4.:• ' •g„ra. . w F 1 ` SIM.; �' �4 r `1 "i� M� L. ,- ,4 '',a` ' I 4 V �. a-. , r 11,E .-1r�'«' 6 E--.c�,,� i ,ate a. S e II. + IP s. -- - =10 ;-&.wf I r, ► I, r .4 A.; 1 4 e t 41 - .11:: s • ` �� ,i 1 to la:.• '1,4 1 fI' {� + • . . r i": *0- -•-,-.1,4.--:";'1F ! . . i�/t i - ,f,,.•;• Al. �i p- �� �ri'P Com.► -.1...-r•.► y� ' � F � . 4.* - , Er":". :' rt. ,f s . G fir' .y.0 . V 1,='r. • '.. Jr ` im ,•i4...1. . , ,.ia - r , _ 4i a` � .i�' - ,i., i i �. 11:- '1 .1 a. Po..i. M,:1_ ,;,..0, '-, - ;'... C l ., j117f w: ..tri tt» ^,.IP . s.:Mvv1+ s • .• ,. . ,, .Mission Hill Rd # -.� -. . r .`, I 1 y ". ' ,011°R� ' r,vi . 4.-,NO -e. tT,.c+ 6 a,1'., .7 ) 'MAI ..,:..+ j ,:3 .1 e • ;� 't. ! M A Y; - . ►' • ' ,A. South FL.Corporate Office GIVING CUSTOMERS Paving Advisor ME i i l 1180 SW 10th St. Josh Marfleet MAINTENANCE&RECON ' Delray Beach,FL 33444 35 1F9 '''v"-°°iN°""'°"`Sf1Vi"'NS T:+1 561-302-9361 'i0 CTOR 561-588-0949 E:jmarfleet@allcountypaving.com www.ALLCOUNTYPAVING.com D- .- 0 ofR DeibyRodriguez Cityy of Boynton Beach Public Works 100 East Ocean Avenue COILJNAT1r Boynton Beach,FL 33435 rodriguezde@bbfl.us 561-742-6452 NATIONAL PAVEMENT MANAGEMENT SOLUTIONS PROPOSAL TOTAL: All County Paving proposes to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to the terms and conditions stated herein for the sum of: $ 631,255.36 this price excludes any options. Checks payable to M&M ASPHALT MAINTENANCE, INC.D/B/A ALL COUNTY PAVING AUTHORIZATION TO All Prices quoted are subject to change based on market conditions.This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday-Thursday, Friday 7:00 AM—12:00 PM PROCEED&CONTRACT: excluding holidays,nights and weekends.Additional fees will apply if work is required to be completed on holidays,at night or on the weekends.Please contact your sales representative for details. ACCEPTED: Prices, specifications, terms and conditions are hereby accepted and agreed to by the customer.You are authorized to do the work as specified.Customer agrees to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below. When signed, this proposal becomes a legally binding contract between All County Paving and the Customer. E&OE A signed proposal and deposit are required prior to the scheduling of the work. PAYMENT TERMS: As Per Terms&Conditions of Purchase Order M&M ASPHALT MAINTENANCE, INC. City of Boynton Beach Public Works D/B/A ALL COUNTY PAVING Signature of Approval by Customer Josh Marfleet Paving Advisor Printed Name Printed Name&Title/Position 05/ 14/2026 Date Date Please select if billing information differs from above. PAVEME South FL.Corporate Office GIVING CUSTOMERS Paving Advisor ® 1180 SW 10th St. Josh Marfleet MAINTENANCE&RECONSTRUCTION Delray Beach,FL 33444 35 ERHSOfDEVELOPING UNIQUE SOLUTIONS T:+1 561-302-9361 t'' '" , in 561-588-0949 561-588-0949 E:jmarfleet@allcountypaving.com 1 2ou-2815.2O16.s&n.2ol8aoi8-2026.21521-2022-. www.ALLCOUNTYPAVING.com Onnn Z of Deiby Rodriguez City of Boynton Beach Public Works 100 East Ocean Avenue COILJNW Boynton Beach,FL 33435 rodriguezde@bbfl.us 561-742-6452 NATIONAL PAVEMENT MANAGEMENT SOLUTIONS TERMS AND CONDITIONS 1. All County Paving("ACP")'s Contract Documents consist of this proposal,terms and conditions stated therein,specification sheets,drawings and other documentation attached to he Proposal or otherwise made part of this agreement in writing.The Contract Documents are limited to the included items only,anything not specifically stated therein,is excluded from the contract.Such Contract documents constitute the entire agreement between ACP and the Customer/Owner/Authorized Agent(collectively "Customer).Any alterations or deviations from the proposal,terms and conditions therein and/or specifications involving extra costs,will be executed only upon written change orders,and will become an extra charge over and above the contract price.Prior to commencement of the work,a signed schedule shall be required. 2. The proposal or contract provided,including all stated terms and conditions,shall become a legally binding attachment to any contract entered into between ACP and Customer. 3. 90%of contract amount and change orders must be paid prior to completing punch list items and/or any changes for additional work required by cities or municipalities. Customer shall not be entitled to withhold final payment due to incomplete punch list work. 4. For projects requiring city or county permits,ACP will manage the process and charge Procurement Fees at a minimum of$795.00 per application based on the municipality, plus the cost of permit(s).Any additional work required by the permit(s)will be a change order to the contract.If the Customer/Owner/Authorized Agent directs this work to be completed without required permitting,ALL costs including,but not limited to,fees,expediting and fines are the responsibility of the Owner/Authorized Agent/Customer. 5. Change orders,additions or extras requested by Customer,Contractor or Municipality will be invoiced as an additional cost to the contract price and shall not delay payment of the original contract amount.All Change Orders must be approved and signed by an authorized representative. 6. It is understood and agreed that all work is performed"weather permitting". 7. Rain.If it rains on the day of scheduled service,assume we are not coming,and we will contact you to reschedule as soon as possible.If it rains after our installation,please contact your representative.We monitor the weather closely and can generally predict this very well. 8. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary.The Customer is responsible for towing services and any created delays.If any cars are left in the area of work,ACP cannot be held responsible for any damage to the vehicle. 9. The Customer is responsible for notifying all landscaping,waste management,and other service providers to avoid the designated work area on the scheduled date of service.In the event of a rescheduling due to unforeseen circumstances,the Customer must promptly inform all affected service providers of the updated work schedule. 10. The irrigation system should be turned off and downspouts and gutter systems should be blocked 24 hours prior to the commencement of your project and stay off 48 hours after completion of project.The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely.ACP is not responsible for any damages to downspouts,gutter systems,HVAC drip lines or irrigation systems. 11. If there are existing car stops on the property,the new line striping of the parking stalls will not be installed beyond the car stop(s)unless they are removed.The striping machine cannot fit between the car stops.If you would like the existing car stops removed during the striping phase,there will be additional costs associated with this scope of work.It is the customer's responsibility to inform ACP if this is desired prior to commencement of the project. 12. Any broken car stops will be replaced at an additional cost of$85.00 each. 13. Any additional reflective pavement markers that are required by the city code will be an additional charge of$15.00 each to the contract amount Reflective Pavement Markers are excluded from the warranty. 14. Asphalt Repairs/Paving:If the actual asphalt is determined to be thicker than the proposed depth once the area(s)are excavated,ACP will provide photo documentation showing the additional depth and a change order will be sent to Customer for the additional material. 15. Additional mobilization(s).This charge may be billed due to but not limited to:site unavailability for the work,vehicles encroaching the work area,change of schedule by Customer/Authorized Agent without prior consent of ACP or repairs to work caused by trespassing.The price to be billed for additional mobilizations,applicable to the scope of work of your project,is as follows:$1,995.00 each for Asphalt Repairs;$2,195.00 each for Sealcoat;$2,395.00 each for Concrete Services;$995.00 each for Line Striping; $7,995.00 each for Milling;and$7,995.00 each for Paving. 16. ACP cannot guarantee sealcoat longevity where there is standing water.Cracks in pavement will still be noticeable after sealcoating.Tire turning marks will be visible at first but will disappear over time. 17. If ACP is performing milling and/or paving,the Customer acknowledges that this work will not result in new elevations/grades.This means that any existing ponding water will not be rectified by performing this scope of work.It is the Owner's responsibility to notify the account manager if there is ponding water.The only method to improve standing water is to perform additional rock and grading work which will be an additional cost. 18. ACP cannot guarantee 100%drainage in areas where the design grade is less than 1%fall. 19. ACP will not accept responsibility for reflective cracking of new asphalt overlay due to the cracked condition of the existing asphalt pavement. 20. This Proposal does not include asphalt leveling or asphalt overruns unless stated otherwise in the original scope of work.Customer agrees to pay for leveling and overruns at $225.00 per ton. 21. Crack Sealing:Hairline cracks,alligatored or spider web cracks or other failing asphalt areas cannot and will not be crack sealed.Crack sealing is designed to keep water out, not in,so ground water is subject to seep from wet areas. 22. ACP will not be responsible for trafficking,paint tracking or damage to cars or persons trespassing in designated construction areas. 23. ACP is not responsible for cleaning dust generated by the work blown out of the work area. 24. ACP is not responsible for cleaning,repairing or replacing any concrete,carpet,floor,passageway,etc.that is soiled or stained by anyone other than ACP's employees or subcontractors. 25 ACP recommends a Civil Engineer be retained for ADA upgrades.As such ACP makes no claim that existing or ADA upgrades will meet any and all local,state and federal guidelines on ADA compliance. 26. Under no circumstances shall ACP be liable for consequential,incidental,or indirect damages,including loss of use,loss of service,or business interruption,arising from utility damage or interruption,regardless of the condition,marking,documentation,or code compliance of such utilities.ACP shall not be responsible for damage to private utility lines that are unmarked,undocumented,or nonconforming with applicable or prevailing codes.ACP is also not responsible for damages to fencing and culvert pipes.If ACP needs to repair damages,the costs will be billed to the Customer as a change order. South FL.Corporate Office GIVING CUSTOMERS Paving Advisor PAVEME 1180 SW 10th St. Josh Marfleet 11. kik • . It, Delray Beach,FL 33444 35 RsovoeveiocieGuNivu sowrio T;+1 561-302-9361 ' ; ` R 561-588-0949 E:jmarfleet@allcountypaving.com 41 V www.ALLCOUNTYPAVING.com D,n^ A ofR Deiby Rodriguez /-1-112111111111 City of Boynton Beach Public Works 100 East Ocean Avenue COUNITY Boynton Beach,FL 33435 rodriguezde@bbfl.us 561-742-6452 NATIONAL PAVEMENT MANAGEMENT SOLUTIONS 27. Photographic Rights and Permissions:Owner grants Contractor and its employees,agents,or representatives the right to take photographs of the project site,including both completed work and work in progress,without compensation or consideration to the Owner.These photographs may be used for purposes such as,but not limited to, publication in print media,broadcast media,intemet distribution,and inclusion in the Contractor's marketing or promotional materials Photographs and any accompanying descriptions shall not disclose the Owner's identity or the project address without the Owner's prior written consent. 28. Non-disclosure.Customer acknowledges that information in this proposal,including but not limited to,pricing,determination of scope of work,method for evaluating parking lots and repairs constitute ACP's Confidential Information.This Confidential Information shall not be shared,distributed or disseminated to any Contractor or third party. Customer acknowledges that should they violate this provision,monetary damages will not be an adequate remedy so ACP shall also be entitled to injunctive relief and any other remedy and relief it is entitled to by law. 29 The prices used in this proposal are based on the condition that all work quoted will be accepted in total. 30. Customer is liable for payment for any and all work and services performed by ACP pursuant to the Contract. 31. If Customer is in default for any reason under this Contract,ACP shall have the right to stop work and cancel any remaining work. 32. In the event of any litigation,arbitration or other proceeding arising out of this Contract,the prevailing party shall be entitled to its reasonable attorneys'fees and costs, including appeals. 33. Alternations to this Proposal.Any alterations or notations on or to the Proposal will not be valid unless accepted in writing by an officer of ACP. 34. Authority to sign.The undersigned represents and warrants that such individual is fully authorized to bind Customer and Owner and has been expressly given,received and accepted authority to enter into this binding agreement. SEALCOATING I CUSTOMER INSTRUCTIONS AND INFORMATION 1 Barricaded Parking Lot It is vital that all vehicles are removed from our area of work no later than 7:15 am,unless otherwise agreed.Our project costs are based on the property having all cars,people and objects off the area of work. 2. Cleaning:Customer is responsible for any"heavy cleaning";otherwise,ACP will bill for this additional cleaning. 3 Cracking:cracks in pavement will still be noticeable after Sealcoating. 4. Lawn Fertilization:should not be installed seven days before or after service. 5. Rain.If an unexpected storm happens,we will touch up any areas where sealer has not bonded. 6. Newly sealcoated areas will be barricaded for 24-48 hours after each project phase completion.It is the responsibility of the customer to keep the area clear to allow proper curing of the material.Failure to do so will void any warranty. 7. Sealer:will take a minimum of 30 days to fully cure and is sensitive to animal droppings,tree droppings;water stains from irrigation systems,ponding water&tire markings during this time.This is normal,it will fade over time.Areas of shade will take longer to dry and cure than areas in the direct sunlight. 8 Driving on Surface:Once you start driving on sealed surface,avoid turning your wheels unless your car is moving.Understand when wheels are turned on a freshly sealed parking lot,scuffing and turn marks will be evident,in time they will blend in with surrounding surface. 9. Overspray on Grass:where grass meets your pavement,you may expect a small spray of sealer.This is normal and will disappear generally after the next mowing. 10. Weeds:It is important to note that we have proposed all work at the time of the assessment.If you decide to do work months after we look at the project,if your parking area has developed excessive weeds in the cracked areas as well as the edge lines for any reason,there may be additional costs for treatment&removal. MILLING&PAVING I CUSTOMER INSTRUCTIONS AND INFORMATION 1. Barricaded Parking Lot:It is vital that all vehicles are removed from our area of work no later than 7:15 am,unless otherwise agreed.As you can imagine,our project costs are based on the property having all cars,people and objects off the area of work. 2. Site Services'The Customer and/or Authorized Agent is responsible for notifying all landscapers and garbage companies not to show on the area of work the day we are performing work.In the event of rescheduling due to unforeseen conditions,you are required to let all service providers know about the change. 3. Avoid lawn cutting during this same period of time. 4. Drainage:ACP cannot guarantee 100%drainage in areas where the design grade is less than 1%fall. 5. ACP will not accept responsibility for reflective cracking of new asphalt overlay due to the cracked condition of the existing asphalt pavement or existing base deficiencies. 6. De-mucking and removal of unsuitable materials are not included. 7. Driving on Surface:Once you start driving on the paved surface,avoid turning your wheels unless your car is moving.Understand that when wheels are turned on a freshly paved asphalt surface,scuffing and turn marks will be evident,and will blend in over time LINE STRIPING&ADA I CUSTOMER INSTRUCTIONS AND INFORMATION 1. Barricaded Parking Lot:It is vital that all vehicles are removed from our area of work no later than 7:15 am,unless otherwise agreed.As you can imagine,our project costs are based on the property having all cars,people and objects off the area of work. 2. Line striping will match all existing pavement markings unless changes are approved by the customer and municipality. 3. ACP is not responsible for any tracking of paint caused by any vehicles and/or pedestrians if the barricades are moved prematurely or without authorization.ACP will remove the barricades once the material has been cured properly. 4. If existing curbs are flaking,it is not recommended to re-paint them without sand-blasting or power-washing them first.ACP will not be held responsible for flaking if proper procedure is not taken prior to painting. South FL.Corporate Office GIVING CUSTOMERS Paving Advisor PAVEM 1180 SW 10th St. Josh Marfleet MAINTENANCE&RECONSTRU I. Delray Beach,FL 33444 35 'I ARS Of OEVLLOf ING UNIQUE SOLUTION, T +1 561-302-9361 i r IN RAC OR 561-588-0949 E:jmarfleet@allcountypaving.corn www.ALLCOUNTYPAVING.com DonocnfR CityRodriguez City of Boynton Beach Public Works 100 East Ocean Avenue COUNT'Y Boynton Beach,FL 33435 rodriguezde@bbfl.us 561-742-6452 NATIONAL PAVEMENT MANAGEMENT SOLUTIONS WARRANTY AND CONDITIONS 1. Pricing of this proposal is based upon FOB pricing as of the proposal date.In the event of any increase in FOB pricing after the proposal date,the contract price can be adjusted. 2 This proposal is good for 14 days If the work is unable to start based upon permitting,weather or any other delays not caused by ACP,an additional cost will be charged for the increase of FOB pricing,based upon proposal date,prior to mobilization An executed change order shall be required prior to mobilization. 3. All material guaranteed to be installed exactly as specified. 4. Due to unforeseeable conditions during excavation,depths may go deeper than anticipated.A change order may be necessary should this occur. 5. ACP reserves the right to withdraw the contract at any time prior to the commencement of work should material price fluctuations rise significantly. 6. Indemnity:ACP agrees to perform its work in a safe and workmanlike manner,taking appropriate safety precautions throughout the course of the project.ACP will not be held liable or responsible for any unauthorized person who enters the jobsite or work area,at any time and for 48 hours after completion of the job,and Customer/Owner agrees to indemnify and hold harmless ACP for any person that sustains or claims any injuries,losses and/or damages for unapproved entry as stated herein. 7. Upon completion of the work and transfer of possession to the Customer,Customer understands and agrees that ACP cannot be held responsible for materials or area, maintenance and safety,and therefore,Customer assumes full responsibility for any and all personal injuries,deaths,property damage,losses,or expenses arising from or related to or in any way connected with the materials,services or work provided by ACP.To the fullest extent permitted by law,the Customer agrees to indemnify,defend,and hold harmless ACP and its agents from any damages,including but not limited to,all claims,liabilities,losses,and/or legal fees resulting from or in connection with any such incidents incurring thereafter,except to the extent caused by the negligence of ACP. 8. The cost and obtaining of permits,bonds,stakeouts,cut sheets,engineering and testing are excluded from the price of this proposal. 9. In the event of undesirable sub-base,base course conditions or unforeseen circumstances such as underground water springs,contaminated soil or other deviancies,if the customer or authorized agent insists on the installation of any part of the pavement without authorizing corrective action,ACP will not be responsible for any subsequent pavement failures and ACP will be paid as stated in the contract.ACP shall not be liable for any failure to undertake or complete the work for causes beyond ACP's control. 10. The existing surface will be expected to support the weight of all required construction equipment.If due to poor sub-grade conditions sinking may occur when we drive onto your site,ACP will not be held responsible for damages to any concrete or asphalt due to the weight of ACP's trucks&equipment. 11. ACP cannot guarantee elimination of standing water. 12. There will be a charge of$74.50 above the proposal amount to dispose of used materials at an approved environmentally compliant waste facility. 13. Due to the increased volatility in the petroleum markets,ACP will impose a fuel surcharge. 14. ACP will provide a one(1)year warranty,starting on the last day of substantial completion,on materials and workmanship.Normal wear and tear are not covered by this warranty.No warranties will be honored unless payment is made in full. 15. All accounts past due will incur a finance charge of 1 5%per month PAVEMEN South FL.Corporate Office 1180 SW 10th St. GIVING CUSTOMERS Paving Advisor Josh Marfleet MAINTENANCE&RECONSTRUCTII„ Delray Beach,FL 33444 35 I r`FRS OF DEVELOPING UNIQUE SOLUTION, T:+1 561-302-9361 TOP CONTRACTOR 561-588-0949 E:jmarfleet@allcountypaving.com www.ALLCOUNTYPAVING.com DonoRnfL: