R2022-14 Milling and Resurfacing of Specified Roadways ContractRESOLUTION 2022-14
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM J.W. CHEATHAM
LLC FOR MILLING, RESURFACING AND STRIPING OF SPECIFIED VILLAGE
ROADWAYS PURSUANT TO PRICING ESTABLISHED IN AN EXISTING
AGREEMENT FOR MISCELLANEOUS PUBLIC WORKS PROJECTS WITH THE
CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village is in need of contractor to perform milling, resurfacing and striping on specified
Village roadways (Anchorage Drive South, Shore Court, Castlewood Drive, Doolen Court, Wettaw
Lane, Lehane Terrace, South East Alley, Northlake Drive, Gull Court, Westwind Drive, Flamingo Way,
Northlake Court, Hummingbird Way and Eagle Way); and
WHEREAS, Village Staff recommended that the Contract be awarded to J.W. Cheatham LLC pursuant
to pricing established in an existing Agreement for Miscellaneous Public Works Projects (ITB2020-
124PS) with the City of Palm Beach Gardens; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the citizens and residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with J.W. Cheatham LLC for milling,
resurfacing and striping on specified Village roadways pursuant to pricing established in an existing
Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) with the City of Palm Beach
Gardens and authorizes the Mayor and Village Clerk to execute the Contract on behalf of the Village, a
copy of which is attached hereto and incorporated herein. The total cost of this Contract shall not exceed
$654,047.60, with funds expended from Account No. I7321-66210 (Streets & Grounds - Construction
& Major Renovation). Including contingency, the total project budget shall be $700,000.00.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSE OPTED THIS 24TH DAY OF FEBRUARY, 2022.
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FLORIDA MAY'OR
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CONTRACT
This Contract is made as of this 24th day of February, 2022, by and between the VILLAGE OF
NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida
municipal corporation (hereinafter “VILLAGE”), and J.W. CHEATHAM LLC, 7396 Westport Place,
West Palm Beach, Florida 33413, a Florida limited liability company (hereinafter
CONTRACTOR”), whose F.E.I. Number is 20-1928479.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to perform milling, resurfacing and striping on
specified Village roadways (Anchorage Drive South, Shore Court, Castlewood Drive, Doolen Court,
Wettaw Lane, Lehane Terrace, South East Alley, Northlake Drive, Gull Court, Westwind Drive,
Flamingo Way, Northlake Court, Hummingbird Way and Eagle Way); and
WHEREAS, the City of Palm Beach Gardens, through its competitive selection process, awarded an
Agreement for Miscellaneous Public Works Projects (ITB2020-124PS) (“PBG Contract”) to
CONTRACTOR; and
WHEREAS, the VILLAGE requested that CONTRACTOR provide the requested services based on
the pricing established in the PBG Contract; and
WHEREAS, as authorized by the VILLAGE’s purchasing policies and procedures, the VILLAGE
desires to retain CONTRACTOR’s services by “piggy-backing” the PBG Contract, including all
terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully
incorporated herein by reference.
2. PBG Contract. The City of Palm Beach Gardens’ Agreement for Miscellaneous Public Works
Projects (ITB2020-124PS) (“PBG Contract”) with CONTRACTOR, attached hereto as Exhibit “A,”
is incorporated herein by reference.
3. CONTRACTOR’s Services and Time of Completion.
A. In accordance with the terms and conditions of the PBG Contract and at the direction of the
VILLAGE, CONTRACTOR shall perform the services in accordance with its Proposal dated January
12, 2022, a copy of which is attached hereto as Exhibit “B” and incorporated herein by reference.
B. The total cost of such services shall not exceed $654,047.60, subject to adjustments based on
the actual quantities in accordance with the unit pricing set forth in CONTRACTOR’S Proposal.
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE
to CONTRACTOR to proceed and shall be completed within one hundred and twenty (120) days
of the VILLAGE’s issuance of the notice to proceed.
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4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit “A” (PBG Contract)
C. Exhibit “B” (CONTRACTOR’s Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under
this Contract shall not exceed the amount of compensation stated in Section 3(B) above without prior
written consent of the VILLAGE. CONTRACTOR shall submit invoices to the VILLAGE for review
and approval by the VILLAGE’s representative, indicating that goods and services have been
provided and rendered in conformity with this Contract, and they then will be sent to the Finance
Department for payment. Invoices will normally be paid within thirty (30) days following the
VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages
for claims, disputes or other matters in question arising out of or relating to this Contract. In order
for both parties herein to close their books and records, CONTRACTOR will clearly state “final
invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and
services have been properly performed and all charges have been invoiced to the VILLAGE. Since
this account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Term and Termination.
A. This Contract shall be for the term as indicated in the PBG Contract. Extensions or renewals
to the PBG Contract or any modification including new products, terms, or price changes to the PBG
Contract shall be submitted by CONTRACTOR to the VILLAGE for approval. In the event the PBG
Contract expires and no new contract is let by the PBG, VILLAGE reserves the right, upon written
agreement with CONTRACTOR to renew this Contract under the same terms and conditions for an
additional period of one (1) year.
B. This Contract may be terminated by the VILLAGE, with or without cause, upon providing ten
10) days’ notice to CONTRACTOR. This Contract may be terminated by CONTRACTOR upon
providing thirty (30) days’ notice to the VILLAGE. Upon any such termination, CONTRACTOR
waives any claims for damages from such termination, including, but not limited to, loss of anticipated
profits. Unless CONTRACTOR is in breach of this Contract, the VILLAGE shall pay
CONTRACTOR for work performed and accepted through the date of termination.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the PBG Contract, with the VILLAGE named as an additional insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees
from and against any and all claims, liability, losses, and/or causes of action arising out of or in any
way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not
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limited to, those caused by or arising out of any act, omission, negligence or default of
CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida
Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply
with all applicable federal, state and local laws, regulations and ordinances, including, but by no
means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the PBG Contract, CONTRACTOR
warrants that its goods and services provided under this Contract will be free of defects in materials
and workmanship for a period of one (1) year following delivery and completion of those goods and
services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for at
least five (5) years after termination of this Contract. The VILLAGE shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit during normal
business hours, at CONTRACTOR’s place of business. Under no circumstances will
CONTRACTOR be required to disclose any confidential or proprietary information regarding its
products and service costs.
12. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of
any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties
knowingly, voluntarily and intentionally waive any right they may have to trial by jury with
respect to any litigation arising out of or in connection with this Contract.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
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attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or
the application of such terms or provision, to persons or circumstances other than those as to which
it is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt requested,
and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto. Any
provision of this Contract which is of a continuing nature or imposes an obligation which extends
beyond the term of this Contract shall survive its expiration or earlier termination.
G. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in
compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has
registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically
verify the employment eligibility of newly hired employees and has received an affidavit from each
subcontractor stating that the subcontractor does not employ, contract with or subcontract with an
unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly
violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to
Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith believe
that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR
has otherwise complained, it shall notify CONTRACTOR, and CONTRACTOR shall immediately
terminate its contract with the subcontractor.
H. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561)
841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE,
NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public requires required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with
a copy the requested records or allow the records to be inspected or copied within a reasonable
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time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 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 VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the VILLAGE
to perform the services. If CONTRACTOR transfers all public records to the VILLAGE upon
completion of the Contract, CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the VILLAGE, upon request from the
VILLAGE’s custodian of public records, in a format that is compatible with the information
technology systems of the VILLAGE.
I. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate
with the Inspector General when requested may be deemed by the VILLAGE to be a material breach
of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this
Contract as of the day and year first above written.
J.W. CHEATHAM LLC
By:
Print Name:__________________________
Position:_____________________________
VILLAGE OF NORTH PALM BEACH
By: ________________________________
DARRYL AUBREY
MAYOR
ATTEST:
BY:________________________________
VILLAGE CLERK
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Thomas Uhrig
President
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ________________________________
VILLAGE ATTORNEY
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J.W.
CHEATHAM
LLC
January 12, 2022
Village of North Palm Beach
Public Works Department
645 Prosperity Farms Road
North Palm Beach, FL 33408
EXHIBIT B
Road Building &
Earthmoving Contractors
Attn: Kenneth Hem, Streets and Stormwater Manager
Ref: Village of North Palm Beach Overlays 2022
Dear Mr. Hem,
As per your request I submit the following proposal to Mill and Overlay the following roadways in
accordance with our City of Palm Beach Gardens Miscellaneous Public Work Contract.
Please see Attachment "A"
Qualifications to this proposal are as follows:
1. Engineering, layout and as-builts are not included.
2. Permits and testing are not included.
3. Repair and/or replacement of existing irrigation and landscaping is not included,
4. J.W. Cheatham, LLC is not responsible for pre-existing conditions, i.e., reflective cracking and/or
defective cross slopes and profiles.
5. Replacement of traffic loops are not included.
6. Final quantities and payment of unit priced items to be based upon actual measurement.
7. No item included unless specifically stated.
8. Prices based on Four (4) mobilizations.
9. Overhead tree cover needs to be cut prior to the project beginning.
10. Off Duty Law Enforcement officers to be billed separately.
11. Price Includes the removal and reset of parking bumpers on Anchorage Dr, (Pinning of bumpers not
included)
Please call should you have any questions.
Sincerely,
J.W. Cheatham, LLC
Jesse Tudor
Project Manager / Estimator
7396 Westport Place West Palm Beach, FL 33413 Phone: (561) 471-4100 »ax: (561) 471-8348
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General
Mobilization
Maintenace of Traffic
Shore Ct
Average 1" Milling
1 " S -IIT Asphalt
Turn Arrows
Only Message
6"Yellow Thermoplastic
RPM'S
6" White Thermoplastic
Anchorage drive south
Average 1" Milling
1 " S -III Asphalt
Right Turn Arrows
Combo Arrows (Left, Straight)
6"Yellow Thermoplastic
RPM'S
6" White Thermoplastic
School Message
Tubular Markers
18" Yellow Thermoplastic
24" White Thermoplastic
12" White Thermoplastic
Castlewood Dr
Average 1" Milling
1" S -III Asphalt
24" white Thermoplastic
6"Yellow Thermoplastic
RPM'S
Alleyway Behind Castlewood Dr
Average 1" Milling
1" S -III Asphalt
24" white Thermoplastic
6"Yellow Thermoplastic
RI'M'S
Attachment "A"
4 EA @ 2,400.00 IEA
1 LS @ 62,844.00 ILS
Total
3084 SY
178 TNS
4 EA
2 EA
530 FT
36 EA
250 FT
17544 SY
1010 TNS
2 EA
2 EA
7492 LF
195 EA
1775 LF
2 EA
14 EA
21 LF
84 LF
168 LF
3150 SY
182 TNS
20 FT
200 FT
12 EA
4.00 /SY
120.00 /TNS
92.00 IEA
135.00 IEA
0.90 /FT
5.50 IEA
0.90 /FT
Total
4.00 /SY
120.00 /TNS
92.00 /EA
97.00 /EA
0.90 /LF
6.20 /EA
0.90 /LF
135.00 /EA
53.00 /EA
2.70 /LF
3.80 /LF
1.60 /LF
Total
4.00 /SY
120.00 /TNS
3.80 /FT
0.90 /FT
5.50 /EA
Total
9,600.00
70.044.00
79,644.00
12,336.00
21,360.00
368.00
270.00
477.00
198.00
225.00
35,234.UU
70,176.00
121,200.00
184.00
194.00
6,742.80
1,209.00
1,597.50
270.00
742.00
56.70
319.20
268.80
202,960.UU
12,600.00
21,840.00
76.00
180.00
66.00
34,762.00
3424 SY @ 4.00 /SY 13,696.00
200 TNS @ 120,00 /TNS 24,000.00
24 FT @ 3.80 /FT 91.20
200 FT @ 0.90 /FT 180.00
12 EA @ 5.50 /EA 66.00
Total 38,033.20
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Lehane Ter
Average 1" Milling 2202 SY @ 4.00 /SY 8,808.00
1" S -III Asphalt 128 TNS @ 120.00 /TNS 15,360.00
24" white Thermoplastic 10 FT @ 3.80 /FT 38.00
6"Yellow Thermoplastic 100 FT @ 0.90 /FT 90.00
RPM'S 6 EA @ 5.50 IEA 33.00
Total 24,329.00
Wettaw Ln
Average 1" Milling 2230 SY @ 4.00 /SY 8,920.00
1 " S -III Asphalt 129 TNS @ 120.00 /TNS 15,480.00
24" white Thermoplastic 10 FT @ 3.80 /FT 38.00
6"Yellow Thermoplastic 100 FT @ 0.90 /FT 90.00
RPM'S 6 EA @ 5.50 /EA 33.00
Total 24,561.00
Doolen Ct
Average 1" Milling 1935 SY @ 4.00 /SY 7,740.00
1" S -III Asphalt 112 TNS @ 120.00 /TNS 13,440.00
24" white Thermoplastic 10 FT @ 3,80 /FT 38.00
6"Yellow Thermoplastic 100 FT @ 0.90 /FT 90.00
RPM'S 6 EA @ 5.50 /EA 33.00
Total 21,341,00
Northlake Dr
Average 1" Milling 3460 SY @ 4,00 /SY 13,840.00
1" S -III Asphalt 199 TNS @ 120.00 /TNS 23,880.00
24" white Thermoplastic 44 FT @ 3.80 /FT 167.20
6"Yellow Thermoplastic 400 FT @ 0.90 /FT 360.00
RPM'S 24 EA @ 5.50 IEA 132.00
Total 38,379.20
Gull Ct
Average 1" Milling 2140 SY @ 4.00 /SY 8,560.00
1" S -III Asphalt 123 TNS @ 120.00 /TNS 14,760.00
24" white Thermoplastic 22 FT @ 3.80 /FT 83.60
6"Yellow Thermoplastic 200 FT @ 0.90 /FT 180.00
RPM'S 12 EA @ 5.50 /EA 66.00
Total 23,649.60
Westwind Dr.
Average 1" Milling 2300 SY @ 4.00 /SY 9,200.00
1" S -III Asphalt 133 TNS @ 120.00 /TNS 15,960.00
24" white Thermoplastic 22 FT @ 3.80 /FT 83.60
6"Yellow Thermoplastic 200 FT @ 0.90 /FT 180.00
RPM'S 12 EA @ 5.50 IEA 66.00
Total 25,489.60
Flamingo Way
Average 1 " Milling 2030 SY @ 4.00 /SY 8,120.00
1" S -II Asphalt 117 TNS @ 120.00 /TNS 14,040.00
24" white Thermoplastic 22 FT @ 3.80 /FT 83.60
6"Yellow Thermoplastic 200 FT @ 0.90 /FT 180.00
RPM'S 12 EA @ 5.50 /EA 66.00
Total 22,489.60
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Northiake Ct
Average 1" Milling 1910 SY @ 4.00 /SY 7,640.00
1" S -III Asphalt 110 TNS @ 120,00 /TNS 13,200.00
24" white Thermoplastic 22 FT @ 3.80 /FT 83.60
6"Yellow Thermoplastic 200 FT @ 0.90 /FT 180.00
RPM`S 12 EA @ 5.50 IEA 66.00
Total 21,169.60
Hummingbird way
Average 1" Milling 3675 SY @ 4.00 /SY 14,700.00
1" S-111 Asphalt 212 TNS @ 120.00 /TNS 25,440.00
24" white Thermoplastic 12 FT @ 3.80 /FT 45.60
6"Yellow Thermoplastic 100 FT @ 0.90 /FT 90.00
RPM'S 6 EA @ 5.50 /FA 33,00
Total 40,308.60
Eagle Way
Average I"Milling 1950 SY @ 4.00 /SY 7,800.00
1" S -III Asphalt 113 TNS @ 120.00 /TNS 13,560.00
24" white Thermoplastic 24 FT @ 3.80 /FT 91.20
6"Yellow Thermoplastic 200 FT @ 0.90 /FT 180.00
RPM'S 12 EA @ 5.50 IEA 66.00
Total 21,697.20
Grand Total: 654,047.60
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