Backup Documents 10/22/2024 Item #16B18 (J & Y Group Enterprises LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i 8
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management See attached
Insurance Coversheet
2. County Attorney's Office County Attorney Office n �"
l�� I0(23
4. BCC Office Board of County
Commissioners CH by j f / /012`(
4. Minutes and Records Clerk of Court's OfficeCO- 14 I 3�
5. Procurement Services Procurement Services l/
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Contact Information
Contact/Department Vanessa Diaz/Procurement 239-252-8947
Agenda Date Item was Agenda Item Number
Approved by the BCC October 22, 2024 16.B.18.a
Type of Document Number of Original
Attached Agreement _ Documents Attached 1
PO number or account 24-8253
number if document is N/A J & Y Group
to be recorded J& Y Group Enterprises LLC
Enterprises LLC
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be VD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the VD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney's Office at the time the item is input into SIRE.
Some documents are time-sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on October 22,2024 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County ,•,rr�/„y an option for
Attorney's Office has reviewed the changes,if applicable. l•��l this line.
9. Initials of attorney verifying that the attached document is the version approved by the rI N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the 0554� an option for
Chairman's signature. this line.
16B18
FIXED TERM SERVICE
MULTI-CONTRACTOR AWARD AGREEMENT
# 24-8253
for
Purchase and Delivery of Aggregates
THIS AGREEMENT, made and entered into on this a s day of OC1-obZY 2024 ,
by and between J & Y Group Enterprises LLC
authorized to do business in the State of Florida, whose business address is
9301 SW 4th Street, Apt. 230, Miami, Florida 33174 _, (the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a one ( 1 ) year period,
commencing ■ upon the date of Board approval; or U on I and
terminating-on
' ' ( ).,.!,Guar(.`'r')'-from-th'c^ti.'td'Y.te',,,or-u l'til--r�.�ii`-0i.�tsrti�':�'nding,,..Pui chase
Order(s)--4'ssued-prior to-the-expiration of-the-Agreement period-have been completed or
terminated:
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ® Purchase Order ❑ Notice to Proceed.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of Request-for Proposal (RFP) ICI Invitation to Bid (ITB)
Other ( ) # 24-8253
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement.f + 1(� j
❑ T'he-Oonractor,shall alsio....provide'""Jervise. -in"'iaV'coruarl'�7e"••'Vr�V�'ith"Exi'h'IIFlu✓r L•....A'""'°""""'Scop'ee,•,,of
Services-attached-hereto.
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3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 ■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A —
Scope of Services attached hereto.
3.3 I I The-procedure for'-obtaining--Work- der--this-AgceemeRt-is-outtned"'in' ❑ Other
Exhibit/Attachment:
❑Tie County--reoerves-the--right to specify in each Request for Ouetatiora :--t'he period
of'eompfetion;--cc'itectFame-off}+quidated'd'amages in the event of !ate completion;—and—the
Price-Methodology-selected-in 4.1.
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of
this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price
methodology as defined in Section 4.1. Payment will be made upon receipt of a proper
invoice and upon approval by the County's Contract Administrative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act".
4.1 Price Methodology (as selected below):
❑ lump Sum (Fixed Price): A firm fixed total price offering for a project;-the-risks are
transferred-from the--County to the-contractor; and, es a--business practice--there-are-no
hourly—or---nateria14nvo ices presented,- rather, the---contractor---mu
tl p f$F tB tie
satisfaction of the.._f ounty!s.project manager before payment ttre , --d-price--eo tract
is-authorized. �'���7
Time and Materials: The County-agrees to pay the contra'etorfor-the-amount"of-labor
time•-spent by the contra etc r'serrmployees'and-subcontractors-to-performthe-work-(numn-ber
of-hours-times hourly rate), and for materials-and equipment-used"-mn"'the'pr-ojec-t- -ostef
ntractor'smarkup}:-This--methodolegyis enerallyused-in- rojects-a•n
chic--t •t4s riot possible to'-aeeuratoly esstia ate-the-size"ef-the-project,"'or-wh'en-4t-is-e*peoted
that--he--prejeet-regt' ikel's-ehange:-- 'os-a-general sines-practice;
these-eontracts'include bask-up documentation-of costs; invoices-would-include-number
of-hours worked and billing rate by position (and company (or subcontractor)mtimiekeepiing
or pa'yrcl! records), material or equipment invoices, and--other---reimbursable
documentation for the project.
■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
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4.2 Any County agency may obtain services under this Agreement, provided
sufficient funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4.5 (check if._ applicable) Travel-and-, ,,, eimb ircohln� . .v n.r, ses: Travel—and
wi��.vic- - ' mac. rrvurvuwrc. rr�i a. rvu�.r.
Reimbursable Expenses must �`�e approved-in advance in.writing.,.by-the-County—Travel
expenses shall be reimbursed—as per Section 1„1-2:O6-1-Flu-:-Stag
Reimbursements shall be at the following rates
Mileage $0:44, per mile
Breakfast $6,00
Lunch 1 -1,00
Dinner $49':00
Airfare Actual-.tick rit--er---coach
class-fare
Rental-ear Actual--rental.., cat '6lrnited- to"pact---or
standard-size vehicle
a.-rr�.7 i rvi a....r
Lodging ingle occupancy—fate
w t-h-3-..cap,,.of-no--more--thanr-$1-60:00-_per--night
Parking Aerial-cost-of-parting
Taxi-or-Airport-L'rnousine Actual cost-of-either-taxi or air usine
Reimbursable items other than travel expenses-shall-be•limited to-the-following:.-telephone
long-distance charges, fax charges, photocopying—charges and-postage,--Reimbursable
--Reim'b-ursable
items-will be paid" only after Contractor-was provided all—receipts--Contra—tor--shall-be
r er-costs and-expenses associated-with ac'tMties-a'nd -sel]eitatiens
undertaken-pursuant to this Agreement
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531C.
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6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: J & Y Group Enterprises LLC
Address: 9301 SW 4th Street, Apt. 230
Miami, Florida 33174
Authorized Agent: Yanet Lopez
Attention Name & Title: Manager/Registered Agent
Telephone: (405) 952-4546
E-Mail(s): jandygroups@gmail.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Marshall Miller
Division Name: Road, Bridge, and Stormwater Division
Address: 2885 Horseshoe Drive S
Naples, Florida 34104
Administrative Agent/PM: Melissa Pearson
Telephone: (239) 252-5591
E-Mail(s): melissa.pearson@colliercountyfl.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
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9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. I■I Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and
Employee Non-Ownership.
C. I■I Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers' Liability with a minimum limit of$ 1,000,000 for each accident.
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D. n Profess'�l at-I�: wff'i'/t�'a Sfaa1n-!f'be r '��il tail ed-by-the.-Conttracto �.to.._ensu e�..its-legal.
liability,. IVI�,•«cIai 7T ^.,.arts ing-Vat' -"`^the—pertorllfance--oI --profession-al—services.•,,•under this
Agreement,,..-Contractor-waives-its-right of..recovery against County-as to anyclaims-under
this-i uran-oe•:.....•.•Such-insu-rance--shatl-have-Iimits-of..not less-thaw' _._ ,,each
claim-and-ag g reg ato
E.-7 Cyber Liabilitv:-Coverage shall have minimum...lim#ts-
F. 7 __ _.__ ._ _..._.___..._......_.......... ......._.__ -___- :-Coverage
s hal l-h ave-rn i mum-timi-ts--eef$__ per-claim:
G. n : Coverage
shall ihu Vo mirimU1mI lim Ii}o of @ ----per claim-.
-:-Coverage
shall,.have.�minimum4imitss_of-�r,,,, per-claim:
shall have i per-claim:
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
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Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Road, Bridge, and Stormwater Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), [MI Exhibit A Scope of Services,
Exhibit B Fee Schedule, RFP/ ■ ITB/n Other
#24-8253 , including Exhibits, Attachments and Addenda/Addendum, subsequent
quotes,,,and Other Exhibit/Attochment
17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
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including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation,
workers' compensation, equal employment and safety including, but not limited to, the
Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law
Chapter 119, if applicable, including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordleuestAollieeountl. ov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
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Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or a Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. n CLEAN UP. Contractor agrees to keep the-Project site-clean-at-all-times-of debris,.
rubbish and waste",materials arising out of the-Work. At,.,the",.completion-of,.,the,Work,
Contractor shall remove a!! debris, rubbish and-waste-materials from and about the Project
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site,„a..s- vell„"a"s'-a'll-t ols, ulni plianv��...ci, cons"t"ruction..equipment-and-machinery and-surplus
VV11
mate i•al-sr'rand sh-a.ll'-leave the Project "clean.
14 JI
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. n WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
26. TESTS AND INSPECT!ONQ If the Contract -Documeent,rs.._or_..-any,....,codes,-..,laws,
ordinances.3;"""rules'or regulations of-any public cuthcrity,ha nfgjurisdIetion-ever"-the-P"ro ect
requires any-portion ,.th_e.e.Work--to be specifically.. inspected;,",'.tested-or-approved;'
UI I f''VI IIVI I of 1, �Y Work--to IJ Ii specifically 1
Contractor shall assume full-responsibility therefore,pay all costs in-connection therewith°
V VII i4VlV1-'..r ,
and"furnish-to-the-County the-required Vl11if1cc te s.V1 Inspcction;testing_or approval.-All
insspecitions tests-or-...approvals__shall be..,,.pe.Fformed.__in,....a organizationsmanner-.and-by,.,.
-U 1 V �' Jf IU11 be h' IVI I I IVII- 1 "'CA I l l�.il
acceptable-to-the-County:
.
27. ❑PROTECTION OF WORK
n,.....Gent aotor-shall- ully_proteot-the-ork-from-loss-ar d age-and-sta"odk e r--the--co:t.�t
of-any-such loss or-d-amage-until-final-pay-r-nent-',has.-...tee.n....made........._If...Contractor....o
anyone-for-whom Contras-tar-Is--molly4ia-ble-is-responsible--tor"alny-bass-of-damage
to-the-Work, or other....._work..-...or--materials-of-the-County-of--G Vie----separate
ccnt a'cto'rs,Contractor shallbe eha'rge'd with""the•'-same,-an 1--any--monies--necessary
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to-replace-such loss or damage shalt--be--deducted..from.-.ony..-amounts-..due .to
Contractor:
.B . Contractor"shal not load nor permit-any part-of-any-structure-to be-loaded-in-any
manner-that- iI! endanger thest'rooture;nor-shall-Goneractor--su-blect-any part—of--the
Work,.,or„a jacent property-to-stresses-or-pressures-that-will-endanger-it
����. �� �,d� cent
C. Contractor-s alt notdisturb-any-benchmark-established-by-the County
with-respect
to--the--Peet. l#-Contractor;--or"lts-subcootraotors;--agents_or-anyone-,-for-whom
Contractor-is.-leg'allay<--liable,__-dl'stu'rl s-.the-County's -benchmarks,-Contra ctor- shalt
immediately notify--the--County.:.----T-toe"-County shall--re--establish-the benchmarks--and
Contractor'shall-be-liable-for all costs incurred by-the-County-associated therewith.-
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
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33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. KEY_�zERSON l�l..._._The Cnntractor's_.personnel and management to be utilized for
��� � . + v��iv��. w vvi�c�u
this-project shall-be-knowledgeable in-their-areas of expertise: --C;unty....reserves...tl e.
fight-to--perfc r . may--be--deemed-necessery---to--eeeu're--th at-compete nt
persons-will-be-uti ' oce-of-the-l greement:-.The orztractor shall ss:gn
as many-peop lete-the"ser Fceo--ors-a--t+mely bosio;and-each-pemo
assigned--steal"l-be-avatlable-for-'an amount-of-tame-a'de uato to meet-the-required-service
dates:-The Cootractor-shall-no -change-Key-Personnel-unless-the-foltewing-conditionsere
net ¢-'-)--•Proposed--re pl a ce m e n ts" Dave substantially-the-some-or-better e--sums-er---better-qualifications
a orexperience:--(2) that the-Ootmty-ae-notified-in-w-ri"ting-asfar in--adv,anc--e-aspessible:
ntractor"shall make-o amenially•r-ea unable efforts to notif County-within
seven-¢73-doy f the-change. The"C'o u rata s'-€in u l a p p r l-of-pFopesed-replacement
personnel:
• AGREEMENT STAFFING.The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
ORDER-OF PRECEDENCE (G Furt red-) i n fhe-event of-ny---conf!'io-t--between...er
among the--terms o,r_. -of-the Ca-tract Doeu ents--and/or-the-Goa nt o's-"'board-approved
rm s of-the-Agreement-shall-take precedence-over-the--term-s-'of
II•-other'Oon-tr-act-Docu'me r"ts;except-t-he-te'rms-sf-a"ny-Supialementa-l-Conditions shall-take
preceddene t a-n --oonfliiot-ia --the-terms-of-the--Contract
l ocu me r tom, -ea"nnott-be-r soly-ed-by_.applicatioo of-the- pplementat-Cend'itions;--"i-any er
the-Agreement,
the ent, the conflict-shalt-be-resolved"resolved,,,by -imposing„., `he-more-strict-or• oostl'y
obligation under the Contract-Docurents upon the Contractor-at-Coonty's--discretion-.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
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assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4) years. All of Contractor's employees and subcontractors must wear Collier County
Government Identification badges at all times while performing services on County
facilities and properties. Contractor ID badges are valid for one (1) year from the date of
issuance and can be renewed each year at no cost to the Contractor during the time
period in which their background check is valid, as discussed below. All technicians shall
have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS{a}colliercountyfl.gov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
38. ❑■ SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
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shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of the Circuit COLLIER CO TY, FLORIDA
Court and Comptroller
By: 1�,c, f- AC By:
Dated: v tV/ / c).) Chris Hall, Chairman
(SEAL) Attest as to Chairman's
signature only
i.
Contractor's Witnesses: J & Y Group Enterprises LLC
Contractor
/�'/1 e I ' ,._ c2r- r Z-- By:
Contractor's Fir itness' Signat 7
5~ T Type/print signature and titieT
T Type/prim# i ness na e T '/ i�? L��.Q2
" (47 lt'ii/cV
Contractor's ec d Witness
I Ty /print witness name
Approved a to orm and Legality:
Assistant unty Attorney
Carly Jeanne Sanseverino —
Print Name
Page id of17 CS- 1
Fixed Term Service Multi-Contractor Agreement
(2024_vcr.I] ..,.1
'4C)
1
16B18
Exhibit A
Scope of Services
• following this page (pages 1 through 3 )
❑ this exhibit is not applicable
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/ 6818
EXHIBIT A
Scope of Services
#24-8253
Awards have been established based on the lowest line-item unit price per area on a Primary,Secondary,and Tertiary
basis. The Division Representatives will place orders on an as-needed basis with the Contractor's Account
Representative to purchase and deliver the materials to designated areas throughout the County.
1. SPECIFICATIONS: Materials listed, if applicable, shall meet or exceed the Florida Department of
Transportation(FDOT)Standard Specifications for Road and Bridge Construction,current edition.
Link:https://www.fdot.gov/programmanagement/implemented/specbooks/default.shtm
1.1. Division III, Materials,Aggregates: Contractors shall review the material specifications,ensuring that the
materials they bid meet or exceed the FDOT specifications and gradation requirements. Upon request by
Collier County,the Contractor will provide a written certification from a qualified testing laboratory or other
acceptable sources to verify materials'compliance with the specifications at no cost to the County.
1.2. Coarse Aggregate,FDOT Section 901,Table 901-1.
1.2.1. #57 Stone:shall conform to the gradation requirements for''/.to inches.
1.2.2. #89 Stone:shall conform to the gradation requirements for 3/8 inches.
1.3. Fine Aggregate, FDOT Section 902
1.3.1. Sand Fill,Section 902-3:In accordance with the standard.
1.3.2. Screenings,FDOT Section 902-5,Table 902-3:In accordance with the standards of 3/8 inches
sieve size with 100%percent passing.
1.4. Base and Stabilized Base Materials, FDOT Section 911: Materials listed in this section must meet
Limerock Bearing Ratio(LBR) 100.
1.4.1. Limerock Base Materials, Section 911-5.2.1,Table 911-4: Materials shall meet the gradation
and size requirement for graded base material where at least 97%of the material shall pass a
3-1/2 inches sieve,and the material shall be graded uniformly down to dust. The fine material
shall consist of dust of fracture.
1.4.2. Shell-Rock Road Base Materials,FDOT Section 911-2.5: Materials must meet the gradation
and size requirement for graded base material where at least 97% shall pass a 3-1/2 inches
sieve.
1.4.3. Stabilization Materials, FDOT Section 914: Stabilizer materials shall meet the requirements
for subgrade stabilization.
1.5. Riprap(Rubble),FDOT Section 530-1.1.3.2(Ditch Lining): Riprap is defined as hard sound,durable
rubble, free of open or incipient cracks, soft seams, or other structural defects, consisting of broken
stone.
1.5.1. 3"—6"Riprap(Rubble)shall be screened to a size no smaller than 6 inches and no larger than
7 inches.
1.5.2. 6" — 12" Riprap (Rubble) shall be screened to a size no smaller than 6 inches and no larger
than 12 inches.
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16B i 8
1.6. Other Materials
1.6.1. Overburden Fill: Soil beneath the topsoil and has minimal organic soil matter or biological
activity.It should be free of organic matter,so it does not decompose,creating space pockets
that will cause settling.
1.6.2. Washed Beach Sand:It is mined from the ground,screened,and washed with water to remove
the fine silt and any natural contaminates.
1.6.3. Masonry Sand: Must meet the American Association of State Highway and Transportation
Official Standards(ASHSTO).
1.6.4. Topsoil: Surface soil relatively free of grass, roots, weeds, sticks, stones, or other foreign
materials. It shall be suitable for plant growth with organics.
2. ORDERS
2.1. Contractor Account Representative: The Contractor shall assign account representatives for order
placements,order resolutions,billing,and other related account activities.Provide contact information upon
agreement execution.
2.2. Ordering and Delivery: The County shall provide the Contractor with a purchase order(PO) before or at
order placement.The product will be ordered on an"as needed"basis.
2.2.1. The Division Representative shall email the Contractor and provide the bid line item,including the
material name and description,order quantity,and delivery area.
2.2.2. The Contractor shall inform the Division Representative at order placement if the material(s) are
available and ready for delivery.
2.2.3. If the Primary Contractor cannot fill orders,the Division may order with the Secondary Contractor.
2.2.4. If materials from all awarded Contractors are unavailable,the County reserves the right to request
informal quotes or utilize another agreement to purchase materials following the Procurement
Ordinance.
3. DELIVERY:The delivery area map(Attachment I)has five(5)delivery areas throughout the County: 1.Naples,
2. East Naples & Marco Island, 3. Golden Gate Estates, 4. Eastern Collier County, and 5. Immokalee. The
Division Representative will designate the delivery area at order placement.
3.1. Road,Bridge,and Stormwater Division(RBSD)Storage Areas:The Division has two facilities:Naples and
Immokalee: 4800 Davis Blvd,Naples, FL 34104 and 425 Sgt.Joe Jones Road,Immokalee,FL 34142
3.1.1. RMD Delivery Days/Hours:Monday through Friday from 8:00 a.m.to 3:30 p.m.EST.There are no
deliveries after 3:30 p.m. EST or on the 11 County-observed holidays when County offices are
closed:New Year's Day,Martin Luther King Jr.Day,President's Day,Memorial Day,Independence
Day,Labor Day,Veteran's Day,Thanksgiving Day,Friday after Thanksgiving Day,Christmas Eve,
and Christmas Day.
3.2. Deliveries Countywide: Divisions may request deliveries at County-owned facilities or project locations.
3.2.1. Deliveries throughout the County may occur Monday through Saturday from 7:00 a.m.—5:00 p.m.
EST. Divisions will coordinate with the Contractor.
3.3. Delivery Arrangements: The Contractor Account Representative will contact the Division Representative
who placed the order within 24 hours to coordinate the delivery.
S
16B18
3.4. Delivery Guarantee: The Contractor guarantees delivery of materials within forty-eight (48) hours from
order placement or as agreed with the ordering Division.
3.5. Delivery Acceptance:The Division Representative has the final authority for the quality and acceptability
of the materials. If materials delivered are found to be defective or orders errors by the Contractor,the
Contractor shall return them immediately,at no cost to the County.
3.6. Delivery Tickets: Each delivery must have a receipt with the following information: Purchase Order(PO)
number,Division name,delivery date,bid line item number/material description/and delivery area,quantity
delivered(per ton or cubic yard),unit cost,and extended price.
3.7. Deliveries are"Free on Board"(FOB)Destination.
4. BID SCHEDULE/PRICES: The bid schedule has 13 materials with five delivery areas for each material. The
minimum order quantity is approximately 20 tons. Contractors may select the material line items they want to
bid on;however,it is required that all delivery areas are bid for that material.
5. PRICE INCREASE: The Contractor may request a price increase annually (365 calendar days from the
agreement anniversary date).
5.1. Submit price increase requests in writing by email to the County's Contract Administrator no less than 30
days before the annual contract anniversary date for consideration.
5.2. Price increase requests review may take over 60 days to complete.
5.3. Retroactive price adjustments are not authorized.
5.4. The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of
Labor Statics, supplier material agreements, fuel increases, etc.). If there is no documented proof, price
increases will not be considered.
5.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using
the following methods: price competition (reviewing competitive bids or offers), market prices, historical
prices,or independent estimates.
5.6. During the review process,the Contractor shall continue to fill all purchase orders received at the current
agreement prices.
5.7. The Procurement Director has the authority to approve price adjustments in accordance with the
Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases, or an
amendment processed,as required,and uploaded into the County's Finance system.
5.8. Price increase requests are not guaranteed.If approved,the Procurement Director or designee will notify the
Contractor in writing with the effective date of any approved price increases.
CI 47
16B18
Exhibit B
Fee Schedule
following this page (pages 1 through 1)
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24-8253 Purchase and Delivery of Aggregates
1. The unit price for each material includes the vendor supplying the material and the trucking services to deliver it.
2. Award based on the lowest unit price for each material/area.
3. Contractors may select the material line items they want to bid;it is required that all delivery areas are bid for that material line item.
4. Bid line items shall meet or exceed Florida Department of Transportation(FDOT)Standard Specifications for Road and Bridge Construction,
as referenced.
Primary Secondary Tertiary J&Y Group_Enterprises,LLC
East Golden Eastern
Item Material Naples Naples Gate Collier Immokalee
Marco Estates County
Island -
Catego ri
A. Coarse Aggregate(FDOT-Section 901)-Unit Price: 20
1 #57 Stone: Gradation-1/4"-1/2" Unit Price $54.95 $65.00 $55.00 $65.00 $54.94
2 #89 Stone:Gradation-3/8" Unit Price $53.95 $65.00 $55.00 $65.00 $53.95
Category B. Fine Aggregate(FDOT-Section 902-3&902-5)-Unit Price:
3 Sand-Cement Riprap,Section 902-3 Unit Price $35.30 $41.15 $36.30 $45.00 $35.30
4 Screenings:3/8",Section 902-5 Unit Price $39.00 $49.00 $39.00 $50.00 $39.00
Category C. Base&Stablized Base(FDOT-Section 911)-Unit Price: _
5 Lime Rock Base,3-1/2"Sieve Unit Price $39.00 $40.60 $35.05 $45.05 $36.00
CategoryD. Stablized Materials Aggregate(FDOT-Section 914)-Unit
6 1Stabilizer,subgrade stabilization Unit Price $31.00 $39.30 $31.00 $39.30 ' $34.90
Category E. Riprap(Rubble)(FDOT Section 530.1.1.3.2(Ditch Lining). ,
7 Riprap(Rubble),3"-6" Unit Price $58.70 $78.00 $59.70 $78.00 $65.80
8 Riprap(Rubble),6"- 12" Unit Price $63.80 $78.00 $63.80 $78.00 $65.80
Category F. Other Materials-Unit Price: 20 Tons Delivered
9 _ Overburden Fill Unit Price $26.80 $29.25 $26.40 $37.70 $26.16
10 Washed Beach Sand Unit Price $37.10 $38.60 $35.80 $40.70 $37.35
11 Masonry Sand _ Unit Price $33.35 $37.40 $32.65 $37.35 $32.10
12 Top Soil Unit Price $43.95 $48.45 $35.35 $48.45 $31.70
Category G. Shell-Rock Material Composition(FDOT-Section 911-2.5)- _
13 Shell-Rock,3-1/2"Sieve Unit Price $38.55 $41.95 $38.70 $42.20 $38.55
C410
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Other Exhibit/Attachment
Description:
following this page (pages through )
n this exhibit is not applicable
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