Becker Landscape Contractors, Inc./Engr COnBecker Landscape Contractors, Inc. taC/#a L2 SCDKDO
Engineering Department-2008 Roundabout Landscaping
Appropriations: 2006 Road Bond Fund-$248,417.51; 1192-4462400 -$60,000.00: 1192-4462401 -S60,000,00; P.O. #18323
Contract Not To Exceed$368,417.51
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
APPRoveo AS TO FORM BY `0
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety ("City"), and
Becker Landscape Contractors, Inc., a corporation duly authorized to conduct business in the State of Indiana
("Vendor').
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
• City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation funds 2006 Road Bond, 1192-4462400 and 1192-4462401. Vendor agrees to provide
the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all
times the highest technical and industry standards.
3, PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Three Hundred Sixty-Eight Thousand Four Hundred Seventeen Dollars and
Fifty-One Cents ($368,417.51) (the "Estimate"). Vendor shall submit an invoice to City'no more than
once every thirty (30) days detailing the Goods and Services provided to City within such time
period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of
City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and
Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are
• submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor
has otherwise performed and satisfied all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in.excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City pursuant to or as part of that certain City of Carmel Engineering
Department Bid Proposal Package for "#08-01L, Roundabout Landscaping: 116th/Clay Ctr; 116th/Ditch;
126th/Towne" received by the City of Carmel Board of Public Works and Safety on or about April 2, 2008, all
of which documents are incorporated herein by reference, and that the Goods and Services will be delivered
in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of
City's intended use and expressly warrants that the Goods and Services provided to City-pursuant to this
Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their
particular purpose.
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Becker Landscape Contractors. Inc.
Engineering Department-2008 Roundabout Landscaping
Appropriations: 2006 Road Bond Fund-$248,417.51; 1192 4462400- $60,000.00; 11924462401 -S60,000.00; P.O. #18323
Contract Not To Exceed$368,417.51
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of
the essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. 'In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease.or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property; including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
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Becker Landscape Contractors. Inc.
•
Engineering Department-2008 Roundabout Landscaping
Appropriations: 2006 Road Bond Fund - $248,417.51; 1192-4462400-$60,000.00; 1192-4462401 -$60,000.00; P.O. 418323
Contract Not To Exceed$368,417.51
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors •in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which.may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination'against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this.Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
• The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract.price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
- waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
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Becker Landscape Contractors, Inc.
Engineering Department-2008 Roundabout Landscaping
Appropriations:2006 Road Bond Fund-$248,417.51: 1 192-4462400-$60,000.00; 1.192-4462401 -S60,000.00; P.O. #18323
Contract Not-To Exceed$368,417.51
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute; regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is-in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
Department of Engineering
One Civic Square
Carmel, Indiana 46032
ATTN: Michael McBride, City Engineer
AND
Douglas C. Haney
Carmel City Attorney
One Civic Square
Carmel, Indiana 46032
If to Vendor: Becker Landscape Contractors, Inc.
3749 North Kitley Avenue
Indianapolis, Indiana 46226
Telephone: 317-542-5200
E-Mail: shastings@beckerlandscape.com
ATTENTION: Stephen S. Hastings
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.'
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Becher Landscape Contractors; Inc. •
Engineering Department-2008. Roundabout Landscaping
Appropriations: 2006 Road Bond Fund-$248,417.51;'1 192-4462400-$60,000.00; 1192-4462401 -$60,000.00; P.O. #18323
Contract Not To Exceed$368,417.51
•
18.2 City may terminate this Agreement at anytime upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. 'TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2008, and
shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year,
unless otherwise agreed by the parties hereto.
22. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
23. BINDING EFFECT
The parties, and their respective officers, officials, agents; partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants,terms, warranties and obligations
set forth in Agreement.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand.it, have had the opportunity to obtain
legal advice and assistance of counsel throughout.the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
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- Becker.Landscape Contractors, Inc.
Engineering Department-2008 Roundabout Landscaping
Appropriations:2006 Road Bond Fund-$248,417.51; 1192-4462400-$60,000.00; 1192-4462401 -$60,000.00; P.O.#18323
Contract Not To Exceed$368,417.51
26. ENTIRE AGREEMENT:
This Agreement, together,with any.exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to The subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
• attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors In Interest.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA BECKER LANDSCAPE CONTRACTORS, INC.
by and through Its Board of Public
Works and Safety
By: By
es Brainard, Presiding Officer Authorized Signature •
ate:
PrinteC Name
M An urke, MMember
Date: — S Etmt oFofl not ✓f
Title
Lori S. Wales , e ber PIO/TIN: .5S-/7/B73S
Date: oe
SSN if Sole Proprietor:
ATTES
Date: poi 020
Tana Cordray IAMC,Clerk- surer
Date: '�ZS'O
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U
Part 3
CONTRACT ITEMS AND UNIT PRICES
FOR
City of Carmel- 116th Street and 126th Street Roundabouts
PROJECT NO.08-O I L
Becker Landscape Contractors,Inc.
ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE AMOUNT
NO.
I Construction Engineering LS 1 $ 15,647.27 $ 15,647.27
2 Remove-Existing Corrugated Concrete SFT 948 $ 4.40 $ 4,171.20
3 Remove Existing Sod SFT 10,406 $ 0.55 $ 5,723.30
4 Herbicide Application SFT 10,406 $ 0.02 $ 208.12
5 Planting Bed Preparation SFT 7,666 $ 0:29 $ 2,223.14
6 Topsoil CYS 355 $ 114.75 $ 40,736.25
7 Weed Barrier Geotextile SFT 240 $ 1.10 $ 264.00
8 River Rock Mulch CYS 22 $ 176.00 $ 3,872.00
9 Mulch. Shredded Hardwood Bark CYS 30 $ 44.81 $ 1,344.30
10 Compost, Black Leaf CYS 20 $ 214.77 $ 4,295.40
11 Aluminum Landscape Edging LFT 868 $ 9.90 $ 8,593.20
12 Spade-Cut Edge at Planting Beds LFT 335 $ 0.72 $ 241.20
13 Decorative Concrete Pavement SYS 105 $ 132.00 $ 13,860.00
14 Concrete Curbs,Cast-In-Place LFT 1,134 $ 33.00 $ 37,422.00
15 Stone Walls-W/& W/O Cap, W/Concrete LFT 320 $ 346.50 $ 110,880.00
Footing
16 Tree Uplight Fixtures EA 22 $ 412.50 $ 9,075.00
17 Irrigation System SFT 16,515 $ 1.19 $ 19,652.85
18 Sod SYS 1,285 $ 5.71 $ 7,337.35
19 Plain-Native Plug,2 3/8"Open-Bottomed A 1,775 $ 3.39 $ 6,017:25
Cell
20 Plant-Groundcover,#1 Pot EA 675 $ 10.96 $ 7.398.00
21 Plant-Perennial,#1 Pot EA 647 $ 8.46 $ 5,473.62
22 Plant-Ornamental Grass,#2 Pot EA 150 $ 20.12 $ 3,018.00
23 Plant-Evergreen Shrub,#2 Pot EA 28 $ 31.44 $ 880.32
24 Plant-Deciduous Shrub,#5 Pot .SEA 2 $ 35.06 $ 70.12
25 Plant-Dec.Tree, All Sizes-Provided By EA 63 $ 130.02 $ 8,191.26
Owner.
26 Bore Under Roadway, Provide Sleeves EA 2 $ 1,383.25 $ 2,766.50
27 Water Line And Connections LFT 155 $ 15.05 $ 2,332.75
28 Backflow Preventer EA 3 $ 1,676.70 $ 5,030.10
29 Water Tap Install, Meter Pit And EA 3 $ 4,473.33 $ 13,419.99
Connections
30 Electrical Service and Connections EA I $ 9,130.00 $ 9,130.00
31 Controller Cabinet And Foundations,PI, EA 1 $ 4,620.00 $ 4,620.00
Modified
32 Maintenance of Traffic EA. I $ 3,600.00 $ 3,600.00
33 Mobilization and Demobilization EA I $ 10,923.02 $ 10,923.02
TOTALS $ 368,417.51
EXHIBIT A
EXHIBIT B
Invoice
Date:
Name of Company:
Address &.Zip:
Telephone No.:
Fax No.:
Project.Nanae:
Invoice No.
Purchase Order No:
Goods 'Services
Person Providing Date Goods/Services Provided Cost PerHourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (anyone person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
a- �
City;,.ot Carmel°
Depai tment of
'Engineering
Geri
To: Doug Haney, DOL //
Fmnt Mike McBride, Engineeri•ng %% e /� :,t,
Dam: 4/4/2008 rip
Re: Becker Contract
•
Doug,the discrepancy between Becker's Contract Items and Unit Prices total and that of this contract
(a difference of$45.16)is due to Becker's miscalculation of the items highlighted on the attached bid
tab.
This difference has been brought to Becker's attention and they are in agreement with the unit prices
•
per the"Part 3 Contract Items and Unit Prices"attached here. The correct contract total is
$368,417.51.
•
•
•
j a/v-5
Part3 rj)�} K �� I
CONTRACT ITEMS AND UNIT PRICES ��,�,� 'I ° n ��
FOR N" l '
City of Carmel- 116th Street and 126th Street Roundabouts
PROJECT NO.OS-01L `4- �°"
6LIA
Becker Landscape Contractors,Inc.
ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE AMOUNT rsp,,,--
NO.
1 Construction Engineering LS 1 $ 15,647.27 $ 15,647.27
2 Remove Existing Corrugated Concrete SFT 948 $ 4.40 $ 4,171.2C
3 Remove Existing Sod SFT 10,406 $ 0.55 $ 5,723.30
4 Herbicide Application SFT 10,406 $ 0.02 $ 208.12
5 Planting Bed Preparation SFT 7,666 $ 0.29 $ 2,223.14
6 Topsoil CYS 355 $ 114.75 $ 40,736.25 —
7 Weed Barrier Geotextile SFT 240 $ 1.10 $ 264.0C
8 River Rock Mulch CYS 22 $ 176.00 $ 3,872.00
9 Mulch,Shredded Hardwood Bark CYS 30 $ 44:81 $_. 1,344.30 —
10 Compost,Black Leaf CYS 20 $ 214.77 $ 4,295.4C —
1 1 Aluminum Landscape Edging LFT 868 $ 9.90 $ 8,593.20
12 Spade-Cut Edge at Planting Beds LFT 335 $ 0.72 $ 241.2C ,
•
13 Decorative Concrete Pavement SYS 105 $ 132.00 $ 13,860.00
14 Concrete Curbs,Cast-In-Place LFT 1,134 $ 33.00 $ 37,422.00
15 Stone Walls-W/&W/O Cap,W/Concrete LFT 320 $ 346.50 $ 110,880.00 . -
Footing
16 Tree Uplight Fixtures EA 22 $ 412.50 $ 9,075.0C
•
17 Irrigation System SFT 16,515 $ 1.19 $ 19,652.85
18 Sod SYS 1,285 $ 5.71 $ 7,337:35
19 Plant:Native PIug,2 3/8"Open-Bottomed A 1,775 $ -.3:39 $. • _ --'6,017.25
Cell .
20 Plant-Groundcover,#1 Pot EA 675 $ '.10.96 $ -' --•_ _,,398.0C
21 Plant-Perennial,#1Pot EA 647 $ •_8.46 ;$ -- _ 5.473.62 —
22 Plant-Ornamental Grass,#2 Pot EA 150 $' 20.12 ''S- ' . `.3,018.0C —
23 Plant-Evergreen Shrub,#2 Pot EA 28 $ '31.44 .$ < • r880.32 --
24 Plant-Deciduous Shrub,#5 Pot EA 2 S 35.06 $ 70.12 -
25 Plant-Dec.Tree, All Sizes-Provided By EA 63 $ 130.02 :$ 8,191.26 —
Owner. ..c
26 Bore Under Roadway,Provide Sleeves EA 2 $ 1,383.25 $ 2,766.50 .
27 Water Line And Connections LFT 155 $ 15.05 -$ . - -2,332.75
28 Backflow Preventer EA 3 $ 1,676.70 $ 5,030.10
29 Water Tap Install,Meter Pit And EA 3 $ • :4,473.33 $ ' - 13,4.1995 —
Connections
30 Electrical Service and Connections EA 1 $ 9,130.00 $ 9,130.00
31 Controller Cabinet And Foundations,PI, EA 1 $ 4,620.00 $ 4,620.00
Modified
32 Maintenance of Traffic EA I $ 3,600.00 $ 3,600.0C
33 Mobilizatiomand.Demobilization EA 1 $ 10,923.02 $ 10,923.02
TOTALS $ 368,417.51