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HomeMy WebLinkAboutAqua Tech, LLC - WWTP Aeration Basin Diffuser System Replacement (Agreement No. 20-011)CITY OF PASCO INFORMATIONAL COVER SHEET FOR DOCUMENTS REQUIRING CITY MANAGER SIGNATURE (Print on Blue Paper when completed.) Project Name: Aeration basin diffuser replacement Vendor Name: Aqua Tech LLC Contract Number: 20-011 Amount seeking approval for: $ 90,386.69 Date: 03/10/2020 G/L Account #: 450.45.530-54.4665 DIVISION: ❑ Administration ❑ Engineering ❑ Operations ® Sewer ❑ Water ❑ Irrigation ® Treatment Plants ❑ Reuse ❑ Other l I AGREEMENT TOPIC & BACKGROUND: The City's Municipal Wastewater Treatment Plant aeration basin diffuser system has become obsolete and irreparable due to lack of component availability. Due to age, the existing system is due for diffuser membrane replacement, a risky task with the lack of replacement parts. To continue proper operation, replacement of (1) basins aeration system was planned in the 2019-2020 O&M budget, at a cost of $150,000. The removed system will provide the City with a needed surplus of replacement parts. Once Aqua Tech, LLC completes installation of the new system in the West basin, City staff will perform the membrane maintenance of the remaining East basin to keep the remaining existing system operational until planned CIP plant improvements. In 2019, the replacement diffuser system was identified and purchased at a cost of $45,331.80. Proposed actions include having Aqua Tech, LLC. Remove the existing system, in a non-destructive manner, from the West basin, installation of the new system components in the West basin; system testing, and system startup; at a cost of $90,386.69 from the 450.45.530-54.4665 Maintenance Project Services budget. The contractor is to supply a one year warranty for workmanship. The removed components will be stored on site, and inspected. Any components that are still in good condition will be considered for use in the other aeration basin system for repairs. An RFQ for installation services was solicited to the MRSC small works roster for the water and wastewater treatment category. The City received two (2) quotes for the work. Aqua Tech was chosen due to price and availability. CONTRACT SELECTION PROCESS: ❑ Consultant Roster ❑ RFQ ❑ Formal Bid ® Small Works Roster ❑ Negotiated ❑ NIA or Other CONTRACT OVER 100,000 ❑ DGET/FINANCIAL IMPACTS: FvuD -45D, 5e-WM $ 155C, 000, SEP-�TloPJ t>ON�t&1 1DtilFFU5-E-P- '-) otal Funds Available $ RACT EXPIRATION DATE: N/A Ryr F r � c $90,386.69 � Total Est. Expenditures $90,386.69 INSURANCE EXPIRATION DATE: 05/10/2020 Location: Engineering Working Folder> FORMS >Pasco Blue Sheet 12-11-2018 Project Name - Aeration basin diffuser replacement (#20-011) Paae 2 ❑ Council action needed for future renewal 3/GI o 11,roject Manager Date ❑ Federal debarmentisuspension requirements met ❑ NIA r 3rz� ublic Works Director Date k. ❑ Contract language ❑ Insurance coverage reviewed ❑ Performance & payment bond approval ATTACHMENTS: Small Works Agreement (2) Scope of Work (1) Contractor Quote (1) Bid tabulations (1) Certificate of Insurance (1) Pu6lfc Works Superintendent to Finance Director ❑ Funding source approval Date DOCUMENT DISTRIBUTION AFTER SIGNED: • Original to City Clerk with copy of blue sheet • Original or Copy to vendor (their choice) • Copy to Public Works Department • Copy to Finance Department Blue 5heet.doc 7-21`2018 CONTRACT MRSC SMALL WORKS ROSTER WWTP Aeration Basin Diffuser System Replacement Agreement No. 20-011 THIS CONTRACT is made and entered into this _286i --day of February, 2020, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and Aqua Tech, LLC hereinafter referred to as "Contractor." WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster contract, or a limited public works contract; and WHEREAS, the City having sought and secured quotations from its small works roster, and the Contractor being duly qualified as a Contractor on the small works roster having submitted a quotation acceptable to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials and appurtenances and perform all services in a workmanlike manner and in accordance with the plans and specifications as provided in the Project Description and Specifications, attached hereto as Exhibit A. 2. Compensation. Compensation for the performance of the service and materials as described in Exhibit A shall be: ® That amount set in the quotation attached hereto as Exhibit B subject to any retainage or withholdings as provided below. 3. Time of Completion. The work covered by this Contract shall be completed with all respects within 30 calendar days from the date of the Notice to Proceed, or April 3ra 2020, whichever is sooner. Once the work is commenced, the Contractor shall diligently pursue the work to completion within the time specified in this Contract. 4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public works contract in compliance with RCW 39.04.350; and further agrees to comply with all State and Federal laws relating to the employment and wage rates to be paid. 5. Indemnification. 5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, WWTP Aeration Basin Diffuser System Replacement — 20-011 Page 1 MRSC Small Works Roster Agreement#: [20-011] — Aqua Tech, LLC demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 5.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Contractor, and the City, its officers, employees, agents and volunteers, the Contractor's liability and obligation to defend hereunder shall only be the proportionate extent of the Contractor's negligence. 5.3 It is further agreed that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 5.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 5.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Contractor's delayed or failed performance. 5.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. 6.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 6.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 6.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. WWTP Aeration Basin Diffuser System Replacement — 20-011 Page 2 MRSC Small Works Roster Agreement#: [20-011 ] — Aqua Tech, LLC 6.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 6.1.4 Professional Liability insurance appropriate to the Contractor's profession. 6.2 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 6.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 6.2.2 Commercial General Liability insurance shall be written with limits no less than: ❑ $1,000,000 each occurrence; ® $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 6.2.3 Professional Liability insurance shall be written with limits no less than: ❑ $1,000,000 per claim; ® $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 6.3.1 The Contractor's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than ANII. 6.5 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. WWTP Aeration Basin Diffuser System Replacement — 20-011 Page 3 MRSC Small Works Roster Agreement#: [20-011] — Aqua Tech, LLC 7. Retainage and Performance Bond. 7.1 Unless it is waived, the Contractor shall provide and post for the benefit of the City a Performance and Payment Bond issued by a qualified surety insuring the Contractor's performance of all the provisions of the Contract and payment of all labors, mechanics, and subcontractors and materialmen as required by RCW 39.08.010. 7.2 The City shall withhold five percent (5%) of the money due to the Contractor for the work performed under this Contact until completion and/or acceptance of the Contract as provided by RCW 60.28.011. Contractor may elect an option for management of the statutory retainage by notice to the City of the elected option under RCW 60.28.011. 8. Work Site Conditions. The work performed under this Contract is done at the Contractor's risk and that Contractor is familiar with the conditions present and other contingencies likely to affect the work, and has submitted their quote accordingly. The Contractor will assume the responsibility and risk of all loss or damage to materials or work which may arise prior to completion. The Contractor shall keep the work site in a neat, orderly condition and after completion of the work, the Contractor shall, at its expense, clean up and remove all refuse and unused materials of any kind resulting from the work. 9. General Provisions. 9.1 For the purpose of this Contract, time is of the essence. 9.2 Notice. Notice provided for in this Contract shall be sent by: 9.2.1 Personal service upon the Project Administrators. 9.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. WWTP Aeration Basin Diffuser System Replacement — 20-011 Page 4 MRSC Small Works Roster Agreement#: [20-011 ] — Aqua Tech, LLC 9.3 The Project Administrator for the purpose of this Contract shall be: 9.3.1 For the City: Albert Obermiller, or his/her designee Public Works Operations, Special Projects 525 North 3rd Pasco WA 99301 obermillerar pasco-wa.gov 9.3.2 For the Contractor: Bob Thurston, or his/her designee Aqua Tech, LLC 111 Sparrow Court Port Ludlow, WA 98365 bobt@aquatecllc.com 10. Dispute Resolution. This Contract has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default or, interpretation of this Contract, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IN WITNESS WHEREOF, the parties have executed by their duly authorized official this Contract in triplicate, each of which being deemed an original on the date first written above. CITY OF PASCO, WASHINGTON CON CTOR f By: By: City Manager Robert Thurston, Principal WWTP Aeration Basin Diffuser System Replacement — 20-011 Page 5 MRSC Small Works Roster Agreement#: [20-011 ] — Aqua Tech, LLC Scope of Work 1. Removal: The vendor will remove the diffuser system currently in place in the west aeration basin at the MWWTP. The system shall be removed in a non-destructive manner to allow the City to retain and reuse all removed materials. Components shall be disassembled at factory fittings and joints. 2. Installation: The vendor will perform all work to complete the installation of the new diffuser system in the west aeration basin using City supplied materials, as specified in Sections 3 and 5 of the Aquarius Technologies LLC. IO&M Manual provided in the RFQ email correspondence. 3. System Startup: Once the installation is complete, on-site system startup support will be required. Any and all repairs should be made as soon as possible. Note: The City will have the basin drained and cleaned prior to the contractor starting work. �} .'y 30 -+-6 C `, -a s" Pudic Works - Operations • (509) 545-3463 Fax (509) 544-3466 ` P.O. Box 293 •525 N. Third Ave. • Pasco, VVA 99301 Request for Quote This is not an order. Quote Description: The City of Pasco, Washington (City) Department of Public Works — Operations is requesting Quotes from qualified Vendors to remove and replace the air diffuser system in the Municipal Wastwater Treatment Plant (MWWTP est Aeration basin. Please see the Scope of Work for more information. Release Date: Due Date: February 4th 2020 February 181h 2020 Contact Name: Albert Obermiller - Public Works Operations - Special Projects obermillera asco-wa.ov Todd Marden — Chief Plant Operator Heath Bateman — Public Works Division Manager mailto:mardent asco-wa. ov mailto:batemanh(a)Pasco-wa.gov Address: 525 North 3rd Avenue, Pasco, WA, 99301 Vendor shall complete the area below: The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction_ in the event of a contract award pursuant to this request, performance by the vendor of any or all of the services, or delivery of any or all of the products defined herein, shall constitute acceptance of all terms, conditions, and requirements of the resulting agreement. I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Company Name J G{- �- • Address/ � � Cifiy/Stat ip p 6 Email �� �/'1 1c �.� IF Phone foo. '7 .3V5 Fax Signature and Title No Bid Reason: Request for Quotes: A -Basin Diffuser replacement Page 1 of 5 Quote Price Item Description Unit Measure Unit Price Qty Extended Price 1 Estimated labor costs (prevailing wage) Hours 6p CSO ? Mobil ization/demobilization Each ;` 97 c'o 3 Miscellaneous costs L,on, l`n (3 }'tiG` �,/ For items > $500 itemize with cost elow / Lump Sum �� pEj 047 (c Q 1 Sub Total o' $ OV3, Tax hate (, (e96) $ (� r TOTAL $ /o,/37, Reason Order was placed with the successful vendor: ❑ Lowest Price ❑ Quality ❑Best Delivery Request for Quotes: A -Basin Diffuser replacement Page 5 of 5 ❑ Service ❑Only Source El Best Design PL BLIC WORKS OPERATIONS (509)545-3463/FAX (509)545-3466 PO Box 2931111025 S. Gray Ave. Pasco, WA 99301(w%vw.pasco-wa.gov ADDENDUM #1 REQUEST FOR QUOTE Aeration Basin Diffuser Replacement February 101, 2020 The following addendum is hereby issued and made a part of the Request for Quotes (RFQ) for the Aeration Basin Diffuser Replacement Request for Information 1. Is there a completion date that this work needs to he done? o We expect the work completion date to be April 3', 2020. 2. When will the Basin be drained? o The Aeration basin will be drained and cleaned one to two weeks prior to the start of work. 3. Are Bonds required for this project? o While the city is required to hold 5% retainage on all contracts, payment/performance bonds are only required for contracts above $10,000. For contracts totaling under $150,000, the contractor may opt for the City to hold 10% of the contract amount as retainage. The RFQ Schedule remains unchanged. Submittals are clue on: Tuesday, February 181h, 2020 NOTICE is hereby given that this addendum must be signed and enclosed with the RFQ submittal for the Peanuts Park Design Services as evidence that the consultant has familiarized themselves with all infonnation incorporated herein. Company �agnature ACV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 45/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)- PRODUCER I CONTACT r_s_ Vern Fonk Insurance Services Inc 23830 Pacific Hwy S Ste 704 INSP LTR 11SNE206-859 4884 ,1UVc. Nol: 206-M9-4899 AIL ADDRESS, John.Riggio@vemfonk.com Kent, WA 98432 h NPP8617804.0511012019 05/1012020 1 INSURERAFFORDING COVERAGE _ MAIC N _ DAMA. E TO RENTED PREMISES (Ea oMgenceL $ 100,000 MED EXP (Any oneperson) S 10,000 INSURERA: WESTERN W©RLD 1NS-URANCE CO INSURED -.- - - - INSURER B : AQUA TECH, LLC ; t ! !!! I ; i II!AUTOS f INSURER C : S BINED SINGLE LIMIT 1 5 9dentANYAUTOLY 111 SPARROW CT LY INJURY (Per acctderd) s ENSURER 0: 1` PORT LUDLOW, WA 98365 ' i t INSURER E: `� k INSURER F: I WORKERS COMPENSATION1 PER { OTH- j AND EMPLOYERS' LIABILITY YIN i R STA TE ER ' ANY PROPMETOR/PARTNERIEXECUTIVE ` OFFICERIMEMSER EXCLUDED? ❑ INIA1, E.L EACH ACCIDENT �� S i(Mandatory in NH) f i , 1 if yes, describe under E.L. OISFp,SE-FA-EMPLOYEES -I DESCRIPTIgN OF OPER;,TIONS below -1 E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS t VEHICLES (ACORD 191, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured as respects work performed by blamed Insured for Certificate Holder where required by written contract, per attached Blanket Additional Insured Endorsement (WW433A 49/14, C'G2037 04/13) Ir VIffVI�i\. ; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSP LTR TYPE OF INSURANCE IADDL SUBRFPOLICY EFF POLICY NUMBER MM/DDrYYYY POLICY EXP MM/DOfYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAW&MADE ! ){,J OCCUR h NPP8617804.0511012019 05/1012020 1 EACH OCCURRENCE S 11000,000 DAMA. E TO RENTED PREMISES (Ea oMgenceL $ 100,000 MED EXP (Any oneperson) S 10,000 I. PERSONAL INJURY S 1000 000 G,� GENERAL AGGREGATE I S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY LOC rJE Q f_1 f OTHER: AUTOMOBILE LIABILITY OWNEDSCHEDULED ONLY { AUrOS HIRED NON -OWNED AUT050NLY AUTOSONLY { I ; t ! !!! I ; i II!AUTOS f PRODUCTS- COMPIOP AGG ` S 2,000,000 S BINED SINGLE LIMIT 1 5 9dentANYAUTOLY INJURY (Per person) $ LP11 LY INJURY (Per acctderd) s ERTYDAMAGE cddc�rt1 S 1` ' i t _ g OCCUR UMBRELLA LtABHCLAIMS-"IE� EXCESS LIAR _» i { DED I RETENTION S k EACH OCCURRENCE S AGGREGATE S S WORKERS COMPENSATION1 PER { OTH- j AND EMPLOYERS' LIABILITY YIN i R STA TE ER ' ANY PROPMETOR/PARTNERIEXECUTIVE ` OFFICERIMEMSER EXCLUDED? ❑ INIA1, E.L EACH ACCIDENT �� S i(Mandatory in NH) f i , 1 if yes, describe under E.L. OISFp,SE-FA-EMPLOYEES -I DESCRIPTIgN OF OPER;,TIONS below -1 E.L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS t VEHICLES (ACORD 191, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is Additional Insured as respects work performed by blamed Insured for Certificate Holder where required by written contract, per attached Blanket Additional Insured Endorsement (WW433A 49/14, C'G2037 04/13) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. - tJLJtC1 1988-2015 AC0RD CQRPOROTIC)N All rinF{tc rxnnrnri ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by JDR on May 22, 2019 at 03:55PM Bid Tabulations - Aeration Basin Diffuser Replacement Contract # 20-011 Bid Date: 02-18-2020 95,083.18 76,571.00 1 boom truck rental 3 Day $ 1,500.00 $ 4,500.00 $ - Contractor., clearwater construction Contractor., Aqua Tech, LLC Item No. Description Quant Unit Unit Price Total Amount Unit Price Total Amount 1 Labor 514 Hr $ 99.87 $ 51,333.18 $ $ 2 mobilization/demobilization 1 LS $ 43,750.00 $ 43,750.00 $ 9,987.00 $ 9,987.00 3 Labor 1 LS $ $ - $ 66,584.00 $ 66,584.00 95,083.18 76,571.00 1 boom truck rental 3 Day $ 1,500.00 $ 4,500.00 $ - 2 contingency 1 LS $ - $ 6,658.00 $ 6,658.00 3 $ - $ 4 $ $ 5 $ $ - 6 $ $ 7 $ $ 8 $ $ 9 $ $ 10 $ $ 11 $ $ 12 $ 5 13 S $ 14 $ $ 15 $ $ 16 $ $ 17 $ $ 18 $ $ 19 $ $ 20 $ $ 21 $ $ 22 $ $ 23 $ $ 24 $ $ Competitive bids were opened on Feb. 4th 2020. All bids have been reviewed by this office. I recommend the con be awarded to: A Tech LLC 3-10-2020 Date f Project M er \U t'asco 4,500.00 $ 95,083.18 $ 4 500.00 $ 8,564.15 108,147.33 6,658.00 $ 76,571.00 $ 6 658.00 $ 7,157.69 90,386.69