4. Engineer of Record - Erosion Assessment and RecommendationsREPORT TO: Mayor and City Council
FROM: Paul E. Burnham, P.E., Assistant City Engineer
SUBJECT: Agreement for Services -- Buffalo Hill Golf Course and Stillwater River Erosion
Assessment and Recommendations
MEETING DATE: October 4, 2010
BACKGROUND: The City of Kalispell leases land to the Kalispell Golf Association (KGA) for the
operation of the Buffalo Hill Golf Course. The Stillwater River flows through the golf course and has
eroded the banks at several locations. The KGA approached the City about the erosion issues and asked
the City to consider how to best address these issues. The City advertised to receive Statements of
Qualifications from firms with river corridor and erosion remediation experience. The selection team
reviewed the seven responses and selected RLK Hydro, Inc., of Kalispell, based on several technical
criteria. The attached agreement outlines the general sequence of work required to complete a
comprehensive study of the river corridor and to make recommendations on how to stabilize the river
banks. This comprehensive study is currently not funded by the City of Kalispell. Selecting an engineer
of record for this study will allow this project to commence once funding becomes available.
RECOMMENDATION: Award the Master Agreement to Provide Engineering Services for the Buffalo
Hill Golf Course and Stillwater River Erosion Assessment and Recommendations to RLK Hydro, Inc.
based on their selection as the most qualified firm.
ACTION REQUESTED: At Council Meeting October 4, 2010 — Motion to enter into the Agreement
for Services for the Buffalo Hill Golf Course and Stillwater River Erosion Assessment and
Recommendations with RLK Hydro, Inc, of Kalispell.
FISCAL EFFECTS: No effect on current budget
ALTERNATIVES: As suggested by the City Council
Respectfully submitted,
Paul E. Burnham, P.E. Jane Howington
Assistant City Engineer City Manager
Attachment: Selection Conunittee score sheet and RLK Hydro, Inc. individual score sheet
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MASTED AGREEMENT TO PROVIDE ENGINEERING SERVICES
for
BUFFALO HILL GOLF COURSE AND STILLWATER DIVER
EROSION ASSESSMENT AND RECOMMENDATIONS
This Professional Service Agreement, made and entered into on this
2010, by and between the following:
CITY of KALISPELL (hereinafter referred to as the "OWNER")
201 First Avenue East
P.G. Box 1997
Kalispell, MT 59903
RLK HYDRO, Inc. (hereinafter referred to as the "ENGINEER")
484 North Main Street
Kalispell MT, 59901
wITNESSETH:
day of
WHEREAS, the OWNER is the owner of the property adjacent to the Stillwater
River through the proposed study corridor, and
WHEREAS, the OWNER has need for an engineering consultant and has authority
to contract for such services, and
WHEREAS, ENGINEER is willing to perform professional services for the OWNER
under terms and conditions specified and contained herein, and
WHEREAS, the ENGINEER represents that it is qualified to perform such services
and is in compliance with the Montana statutes relating to the registration and
licensing of Professional Engineers.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
Page 1 of 13
The ENGINEER agrees to provide designated, professional services to
the OWNER for the BUFFALO HILL GOLF COURSE AND STILLVATER RIVER
EROSION ASSESSMENT AND RECOMMENDATIONS for a term of five (5) years from
the date of execution of this Agreement. The services to be provided, and the
compensation for such services, shall be mutually agreed to in separate Amendments
to this Agreement, executed by both parties. Unless otherwise indicated in a
forthcoming Amendment, execution of a Task order of work by the OWNER shall
constitute notice to and authorization for the ENGINEER to proceed with the services
outlined in the particular Task order.
1.0 BASIC SERVICES. The ENGINEER`s work shall be performed in accordance with
generally accepted standards by similar professionals who are licensed in the State
of Montana. The basic services required may include the following tasks:
1.1 Preliminary Services - Those activities required for project familiarization and
developing a scope of work as well as preliminary design, recommendations
and cost estimates.
1.2 Funding Assistance Services - Assist City developing funding sources for
planning, design and construction components.
1.3 Planning Services — Provide services at the preliminary and final planning
levels in order to obtain funding and to proceed with final design.
1.4 Design Services — Those activities necessary to create a final design
sufficient to proceed with contractor selection and project construction.
1.5 Bidding Services - Assist City in advertising and securing bids, attend pre --bid
conferences, analyze bid results, furnish recommendations for award and
prepare contract documents.
1.6 Construction Services - All basic services rendered after contract award
including but not limited to, representing staff at preconstruction conferences,
provide consultation and advice during construction, periodic inspections
during construction, review and approve shop drawings, prepare and
negotiate change orders, assist staff in payment requests, and provide final
inspections.
1.7 Closeout Services -- All basic services required during and at the conclusion
of the construction necessary to financially and administratively closeout the
project.
2.0 TASK ORDERS. Engineering services will be provided on a Task order basis.
Each new task order will be prepared as an Amendment to this Agreement.
Page 2 of 13
3.0
Potential, but not all inclusive, Task Orders that may be amended under this
Agreement include components of the services listed in Part 1.0 BASIC SERVICES.
OBLIGATIONS. ENGINEER will provide timely professional services as requested
by the OWNER. Both parties will respond promptly to requests for information.
Page 3 of 13
1.0 COMPENSATION. As a consideration for providing the services described in
Article 1, the OWNER shall pay the ENGINEER a lump sum fee or the ENGINEER'S
salary cost, overhead, and direct costs, plus a fixed fee, whichever is appropriate,
as described in each subsequent Amendment.
2.0 BUDGET. The budget for the Scope of Services for each Task order as
established in each Amendment shall be negotiated by the parties at the time each
service is authorized.
3.0 CHANGE IN SCOPE OF WORK. The Scope of Services and its related budget for
each Phase of Work shall be limited to the scope and budget so contained therein.
Changes in the indicated Scope of Services shall be subject to renegotiation and
shall be implemented by a formal amendment to the appropriate Task order.
4.0 ENGINEERING COST BASIS. The budgets prepared for each Task order shall be
based on salaries and expenses estimated for completing the work. Should the
services proposed be delayed because of circumstances beyond the control of the
E N G I N EER, the basis of payment will be renegotiated to provide for additional costs
of service.
5.0 ADDITIONAL SERVICES. Additional services not specified in Article 1, but
subsequently requested by the OWNER, shall be included in a subsequent
Amendment or a separate agreement shall be written for the additional services.
6.0 LEGAL ASSISTANCE. The scope and extent of engineering services to be
provided under this Agreement ' does not include costs of the ENGINEER for
required or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the OWNER, except for suits or claims
between the parties to this Agreement.
7.0 ALTERNATIVE DESIGNS. If the OWNER directs that competitive bids be taken for
construction of alternative designs where this involves the preparation of designs,
drawings, and specifications for alternative facilities not previously agreed to, the
compensation to the ENG IN EER shall be on the basis of an additional payment to
be mutually negotiated at the time the o'!1ilNER directs that alternative designs,
drawings, and specifications be prepared.
Page 4 of 13
A...
1.0 PAYMENT FOR SERVICES. Progress payment shall be made in proportion to
services rendered and as indicated within this Agreement and shall be due and
owing within thirty (30) days of the ENGINEER'S invoice. The ENGINEER relies on
payments from the OWNER when due to meet the ENGI NEER'S payroll and other
costs of doing business.
2.0 INTEREST. If payment of the amounts due or any portion thereof is not made as
prescribed above, interest on the unpaid balance thereof will accrue at a rate of
(1 %) per month and become due and payable at the time said overdue payments
are made, unless delay in payment is due to improper, contested, or inadequate
billing procedures followed by the ENGINEER. In the event of disputed or
contested billing, only that portion so contested shall be withheld, and the
undisputed portion shall be paid in accordance with the payment provision outlined
herein.
Page 5 of 13
rr:
OWNER shall:
1.0 Designate in writing a person authorized to act as the OWNER'S representative.
Such person shall have complete authority to transmit instruction, receive
information, and interpret and define the OWNER'S policies and decisions with
respect to materials, equipment, elements and systems pertinent to the
ENGINEER'S services and no information or instructions from the OWNER
pertaining to the project shall be transmitted to the Contractor or to other concerned
person or agencies except by the OWNER'S designated representative through the
ENGINEER.
2.0 The OWNER shall provide to the ENGINEER all technical data in the OWNER'S
possession, including previous reports, maps, surveys, borings, and all other
information required by the ENGINEER and relating to the ENGINEER'S work on
the project.
3.0 Provide legal, accounting and insurance counseling services necessary for the
Project, legal review of the Construction Contract Documents and such auditing
services as the OWNER may require to account for expenditures of sums paid to
the Contractor.
4.0 Examine all studies, reports, sketches, drawings, specifications, proposals and
other documents presented by the ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as the OWNER deems appropriate for
such examination and render in writing decisions pertaining thereto in a timely
manner.
5.0 Obtain bids or proposals from contractors for work relating to this Project and bear
all costs of publishing advertisements for bids and for obtaining permits and licenses
that may be required by local, state, or federal authorities and shall secure the
necessary land, easements, and rights -of -way, and shall provide access as
necessary for the ENGINEER to perform his services on public or private property
as required, unless as otherwise specified herein.
6.0 Guarantee access to and make all provisions for the ENGINEER to enter upon all
property, public and private as required.
7.0 Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project, or changed circumstances.
9.0 Furnish, or direct the ENGINEER to provide, necessary additional services as
required.
10.0 The OWNER will not modify the construction Contract Documents without the
written consent of the ENGINEER.
Page 6 of 13
1.0 Additional or extended services during construction made necessary by (1) work -in -
progress damaged by unanticipated river flows, (2) defective or incomplete work of
the Contractor, (3) prolongation of the initial construction Contract time beyond the
contract time, (4) the Contractor's default under the contract documents due to
delinquency or insolvency.
2.0 Revise studies, reports, design documents, drawings, or specifications which have
previously been approved by the OWNER, or when such revisions are due to
causes beyond the control of the ENGINEER.
3.0 Services due to changes in the scope of the project or its design, including but not
limited to, changes in size, complexity, schedule or character of construction.
4.0 Other services not otherwise provided for in the Agreement or subsequent
Amendment, including services normally furnished by the OWNER as described in
Article Iv.
5.0 Services as an expert witness for the OWNER in connection with litigation or other
proceedings involving the Project.
5.0 Special analysis of the OWNER'S needs such as staffing and training, operating
and maintenance manuals, and any other similar analyses.
Page 7 of 13
1.0 EXTENT of AGREEMENT. This Agreement represents the entire and integrated
agreement between the OWNER and ENGINEER and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by the written consent signed by both the OWNER and
ENGINEER.
2.0 DELAYS. Neither party shall hold the other responsible for damages or delay in
performance caused by acts of nature, strikes, lockouts, accidents or other events
beyond the control of the other or other's employees and agents.
3.0 BREACH. In the event any provisions of this Agreement shall be held to be Invalid
and unenforceable, the remaining provisions shall be valid and binding upon the
parties. one or more waivers by either party of any provision, terra, condition or
covenant shall not be construed by the other party as a waiver of subsequent
breach of the same by the other party.
4.0 SAFETY. The ENGINEER has not been retained to provide design and
construction review services relating to the Contractor's safety precautions or to the
contractor's means, methods, techniques, sequences or procedures required for the
Contractor to perform his work. The ENGINEER has been retained to review
Contractor's work to require full performance of contractor in accordance with
Construction contract requirements.
5.0 CONSTRUCTION COST ESTIMATES. Any opinion of the Construction Cost
prepared by the ENGINEER represents his judgment as a design professional and
is supplied for the general guidance of the OWNER. Since the ENGINEER has no
control over the cost of the labor and materials, or over competitive bidding or
market conditions, the ENGINEER does not guarantee the accuracy of such
opinions as compared to contractor's bids or actual cost to the OWNER.
6.0 TERMINATION of CONTRACT. The OWNER may without cause and without
prejudice to any other right or remedy, terminate this Agreement as herein specified.
A. The OWNER may, by written notice, terminate this Agreement in whole or in part
at any time, either for the OWNER'S convenience or because of ENGINEER'S
failure to fulfill the contract obligations. Upon receipt of such notice, services shall
be immediately discontinued (unless the notice directs otherwise) and all materials
as may have been accumulated in performing this contract, whether completed or in
process, delivered to the OWNER.
B. If the termination is for the convenience of the OWNER, an equitable adjustment
in the contract price shall be made, but no amount shall be allowed for anticipated
profit on unperformed services.
C. If the termination is due to failure to fulfill the ENGINEER'S obligations, the
OWNER may take over the work and prosecute the same to completion by contract
Page 8 of 13
or otherwise. In such case, the ENGINEER shall be liable to the OWNER for any
additional cost occasioned to the OWNER thereby.
D. If, after notice of termination for failure to fulfill contract obligations, it is
determined that the ENGINEER had not so failed, the termination shall be deemed
to have been effected for the convenience of the OWNER. In such event,
adjustment in the contract price shall be made as provided in Paragraph B. of this
clause.
7.0 CHANGES. The OWNER may, at any time by written order, make changes within
the general scope of the Agreement in the services to be provided. If such changes
cause an Increase or decrease in ENGINEER'S costs of, or time required for,
performance of any services, an equitable adjustment shall be made and the
Agreement shall be modified in writing accordingly. Any claim of ENGINEER for
adjustment must be asserted in writing within 30 days from the date of receipt by
ENGINEER of the notification of change unless OWNER grants a further period of
time.
8.0 ENGINEER'S RESPONSIBILITY. The ENGINEER shall perform all work in
accordance with standard accepted industry practices and shall be responsible for
the professional quality, technical accuracy and the coordination of all designs,
drawings, specifications, reports, and other services furnished by the ENGINEER
under this Agreement. The ENGINEER shall, without additional compensation,
correct or revise any errors or deficiencies in the designs, drawings, specifications,
reports and other services. Approval by the OWNER or other regulatory agencies of
drawings, designs, specifications, reports and incidental engineering services or
materials furnished hereunder shall not in any way relieve the ENGINEER of
responsibility for the technical adequacy of the work. Neither the OWNER'S nor the
appropriate regulatory agency's approval or acceptance of, nor payment for, any of
the services shall be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this
Agreement, and the ENGINEER shall be and remain liable in accordance with
applicable law for all damages to the OWNER caused by the ENGINEER'S
negligent performance of any of the services furnished under this Agreement. The
rights and remedies of the OWNER provided for under this Agreement are in
addition to any other rights provided by law.
9.0 LIMITATION 4F COST. The total cost to the OWNER for this contract shall not
exceed the estimated cost set forth in this contract without prior approval of the
OWNER. The ENGINEER agrees to use his best efforts to perform the work
specified in, and all obligations under, the contract within such estimated cost. If the
ENGINEER has reason to believe that the total cost to the OWNER for work under
this contract shall exceed the contract amount, the ENGINEER shall inform the
OWNER, in writing of such and submit a revised estimated contract cost for
approval.
The OWNER shall not be obligated to reimburse the ENGINEER for costs incurred
Page 9 of 13
in excess of the estimated cost set forth in this contract and the ENGINEER shall
not be obligated to continue performance under the contract or to incur costs in
excess of the estimated cost set forth in the contract unless and until the OWNER
has notified the ENGINEER in writing that the contract amount has been amended
and shall have specified in such notice a revised estimated cost which shall there
upon constitute the estimated cost of performance of this contract.
10.0 COVENANT AGAINST CONTINGENT FEES. The ENGINEER warrants that he
has not employed or retained any company or person, other than a bona fide
employee working solely for the ENGINEER, to solicit or secure this Agreement,
and that he has not paid or agreed to pay any company or persons, other than a
bona fide employee working solely for the ENGINEER, any fee, commission,
percentage, brokerage, fee, gifts, or any other consideration, contingent upon or
resulting for the award or making of this Agreement. For breach or violation of this
warranty, the OWNER shall have the right to annul this Agreement without liability,
or in its discretion to deduct from the contract price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
11.0 VENUE. In any litigation arising out of this Agreement, the successful litigant shall
be entitled to receive from the other party, in addition to costs and disbursements
provided for the statute, a reasonable attorney's fee as fixed by the court. The
venue of and civil action shall be in Montana Eleventh Judicial District Court,
Flathead County.
12.0 LIMITATION OF LIABILITY. The OWNER agrees to limit the ENGINEER'S liability
to the OWNER and to all construction contractors, subcontractors, material
suppliers, and all others associated with the project, due to the ENGINEER'S sole
negligent acts, errors, or omissions. The total aggregate liability of ENGINEER to all
those named shall not exceed the ENGINEER'S total compensation for the services
rendered.
13.0 ACCESS TO RECORDS. The ENGINEER agrees to maintain an acceptable cost
accounting system. The OWNER shall have access to any books, documents,
paper, and records of the ENGINEER which are directly pertinent to this Agreement
for the purpose of making an audit, examination, excerpts, and transcriptions. The
ENGINEER shall maintain all required records for 3 years after the OWNER makes
final payment and all other pending matters are closed.
14.0 SUCCESSORS AND ASSIGNS. OWNER and ENGINEER each binds therm and
their partners, successors, executors, administrators and assigns to the other party
of this Agreement and to the partners, successors, executors, administrators and
assigns of such other party, in respect of-( all covenants of this Agreement.
Neither OWNER nor ENGINEER shall assign, sublet, or transfer his interest in this
Agreement without the written consent of the other. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of any
public body which may be a party hereto, nor shall it be construed as giving any
Page 10 of 13
rights or benefits hereunder to anyone other than the OWNER and ENGINEER.
15.0 AFFIRMATIVE ACTION PLAN. NIA
15.0 SUBCONTRACTS. Any subcontractors required by ENGINEER in connection with
the services covered by this Agreement shall be limited to such individuals or firms
as were specifically identified and agreed to during negotiations, or as authorized by
OWNER (In?.).performance of this Agreement. Any changes or such subcontractors
shall be subject to the prior approval of OWNER.
17.0 INDEMNIFICATION. The OWNER shall be indemnified by the ENGINEER as
herein provided. The ENGINEER is an independent contractor and operator
responsible to all parties for its respective acts and the OWNER shall in no way be
responsible therefore. In the use of the Stillwater River study corridor, and in the
exercise or enjoyment of the privileges herein granted, the ENGINEER shall
indemnify and hold the OWNER harmless from any and all losses that may result to
the OWNER because of any negligence or act on the part of the ENGINEER.
18.0 INSURANCE. The ENGINEER shall pay for and maintain Public Liability and
Property Damage Insurance in an amount of not less than $1,000,000 for property
damage and for bodily injuries, including accidental death. ENGINEER shall
maintain said insurance with insurance underwriters authorized to do business in
the State of Montana satisfactory to the OWNER. All policies shall name the
OWNER, its officers, servants, agents, and employees as additional insureds as
their interests shall appear. ENGINEER shall furnish the OWNER with a certificate
of Insurance annually during the terra hereof, showing such insurances to be in full
force and effect during the entire terra of this agreement. The ENGINEER shall also
furnish the OWNER proof of Error and omission Insurance coverage.
19.0 TERMINATION I CANCELLATION. This agreement shall terminate at the end of
the full term hereof without any notice by either party, provided, however, that either
party may cancel this Agreement for whatever reason on 30 days written notice to
the other party.
20.0 ATTORNEY'S FEES. In the event either party engages the services of an
attorney to enforce any provision hereof or to secure payments, the prevailing party
will be entitled to recover its costs, charges, and expenses, including reasonable
attorneys fees incurred.
21.0 SUBORDINATION OF AGREEMENT. N/A
22.0 NONDISCRIMINATION. NIA
23.0 WORKER'S COMPENSATION COVERAGE. The ENGINEER agrees to provide
proof that he has a policy for Worker's Compensation Insurance or proof that he
has elected to be exempt from such coverage and his election has been approved
by the Department of Labor and Industry. The ENGINEER agrees to maintain
Page 11 of 13
Worker's compensation Coverage for the entire period of this Agreement.
24.0 PARAGRAPH HEADING. The paragraph headings contained herein are for
convenience in reference and are not intended to define or limit the scope of any
provisions of this Agreement or the particular paragraphs.
25.0 NOTICES. Notices to the OWNER shall be sent by Certified Mail, postage prepaid,
addressed to:
City of Kalispell
201 1 St Avenue East
P.O. Box 1997
Kalispell, MT 59903
And notices to the ENGINEER, shall be sent by Certified Mail, postage prepaid,
addressed to:
RLK HYDRO, Inc.
484 North Main Street
Kalispell MT, 59901
Or to such other addresses as the parties may designate to each other in writing,
from time to time.
Page 12 of 13
A:. .:... 1.:.
1. Agreement Description. This master Agreement (consisting of pages 1 to 13
inclusive) and attached Appendix A constitute the Master Agreement between the
OWNER and the ENGINEER and supersedes all prior written or oral
understandings. This Agreement may only be amended, supplemented, modified,
or canceled by a duly executed written addendunn.
2. Appendix Description.
Appendix A Hourly Rates for Professional Services
Exhibit A. Hourly Rates for Professional Services
WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this day
of , 2010.
Jane Howington, City Manager
City of Kalispell
201 1 st Avenue East
Kalispell, IVIT 59915
4,11,[PUTI,
Marc Spratt, P.H., C.P.G
RLK HYDRO, Inc.
484 North Main Street
Kalispell, MT 59901
Page 13 of 13
ir 1w -W..
111111"i 'I
EXHIBIT "A" — Current Rate Schedule (Attached)
Attachment A
RLK HYDRO, INC.
FEE Schedule
Effective January 1, 2008
Description
Hydrogeologist II
Hydrogeologist I
Senior Engineer Ill
Senior Engineer II
Engineer I
Survey (2 Person Crew and Equipment)
Technician
Plant Ecologist
Computer -Aided Drafting
Senior Clerical
Clerical
Staff Travel Time
Subcontractors
Reimbursable Miscellaneous & Expenses
Expenses
Materials (Cash Due on Delivery)
Meals
Mileage (*Note: Rate May be adjusted if gas prices increase)
Per Diem ( Note: If room costs are over $ I00lnight, fees will be room cost plus 10%
Permit Packet (Approved Permit Construction Packet)
Photos - Download (Digital)
Photos - CD (Digital)
Photos - Individual Prints (from Digital)
Equipment Rental
Altimeter/Barometer
Barologger - Solinist
BaroTroll - InSitu
Digital Depth Sounder
Digital Retrieval Unit (PDA)
E-Tape
Groundwater Flow Meter
Hydrolab
Level Logger wl 500' Cable/Comm. Connectors
Level Troll 500 wl Reel/Troll Com
MiniTroll/ComIT PC Cable
Nikon 330 DTM w12 Person Crew
Pontoon Boat - 1 day minimun
Price AA Meter
Pygmy Flow Meter
Specific Conductance PH Meter
Transit
Well Discharge Flow Meter: Size 1.5-75 gpm
Well Discharge Flow Meter: Size 60-240 gpm
Well Discharge Flow Meter: Size 100-1000 gpm
GPS, I day minimum
Rate
Per Hour
Rate per Hour
$ 100.00
$ 65.00
$ 100.00
$ 75.00
$ 65.00
$1.10.00
$ 45.00
$ 60.00
$ 45.00
$ 50.00
$ 35.00
50 %n of Rate per Hour
Cost + 10%
Rate Per Day
(except where rioted)
$ 18.00
$ 33.00
$ 33.00
$ 25.00
$ 20.00
$ 25.00
$110.00
$280.00
$ 30.00
$ 30.00
$ 55.00
See rate per hour
$ 15.00
$ 60.00
$ 60.00
$ 9.00
$ 15.00
$ 25.00
$ 25.00
$ 2 5.00
$ 55.00
Rate
Cost + 10%n
Cost + 15%
$ 50.001personlday
$ .500 per mile`
$100.001person/day
$ 25.00 - Per Packet
$ 8.75 per download
$ 20.00 per CD
$ .50 each
Rate
Rate
Per Week
Per Month
$125.00
$372.00
$125.00
$372 ,00
$ 70.00
$100.00
$ 70.00
$ 95.00
$220.00
$100.00
$100.00
$100.00
$300.00
$210.00
$260.00
$372.00