HomeMy WebLinkAboutIndependent Contractor Services Agreement with Schmidt Construction for Ten Mile Road Class A Reuse Main Cherry to UstickAGREEMENT
FOR
INDEPENDENT CONTRACTOR SERVICES
TEN MILE ROAD CLASS A REUSE MAIN -CHERRY TO USTICK (CONSTRUCTION)
PROJECT # 06426
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ~~ day of
January , 2011, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY"
33 East Broadway Avenue, Meridian, Idaho 83642, and SCHMIDT CONSTRUCTION,
hereinafter referred to as "CONTRACTOR", whose business address is 15883 Robber PI.
Caldwell, ID 83607 and whose Public Works Contractor License # is C-16406-AAA-1.
INTRODUCTION
Whereas, the City has a need for services involving the construction of TEN MILE
ROAD CLASS A REUSE MAIN -CHERRY TO USTICK; and
WHEREAS, the Contractor is specially trained, experienced and competent to
perform and. has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms
and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice to proceed, all services and
work, and comply in all respects, as specified in the document titled "Scope of
Work" a copy of which is attached hereto as Attachment "A" and incorporated
herein by this reference, together with any amendments that may be agreed to in
writing by the parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
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such work is copyrightable, the Contractor may copyright the same, except that,
as to any work which is copyrighted by the Contractor, the City reserves aroyalty-
free, non-exclusive, and irrevocable license to reproduce, publish and use such
work, or any part thereof, and to authorize others to do so.
1.3 The Contras#or shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
sta#e and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representa#ions made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request under
this Agreement will be performed in a timely manner in accordance with a
Schedule of Work, which the parties hereto shall agree to. The Schedule of Work
may be revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Lump Sum basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for the Not-Te-Exceed amount of
$520,236.00.
2.2 The Contractor shall provide the City with a monthly statement, as the work
warrants, of fees earned and costs incurred for services provided during the
billing period, which the City will pay within 30 days of receipt of a correct invoice
and approval by the City. The City will not withhold any Federal or State income
taxes or Social Security Tax from any payment made by City to Con#ractor under
the #erms and conditions of this Agreement. Payment of all taxes and other
assessments on such sums is the sole responsibility of Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation,
salary, wages, or other type of remuneration for services rendered under this
Agreement including, but not limited to, meals, lodging, transportation, drawings,
renderings or mockups. Specifically, Contractor shall not be entitled by virtue of
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this Agreement to consideration in the form of overtime, health insurance
benefits, retirement benefits, paid holidays ar o#her paid leaves of absence of any
type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties,
and shall expire upon (a} completion of the agreed upon work, (b) September 30,
2011 or (c} unless sooner terminated as provided below or unless some other
method ar time of termination is listed in Attachment A.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may terminate this
Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set
forth in Attachment B of this Agreement on the date due, Contractor, at the
Contractor's option, may terminate this Agreement if the failure is not remedied by
the City within thirty {30) days from the date payment is due.
3.4 This Agreement shall terminate automatically on the occurrence of any of
the following events:
a. Bankruptcy ar insolvency of either party;
b. Sale of Contractor's business; or
c. Death of Contractor
3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 120 calendar
days to complete the work as described herein. Contractor shall be liable to
the City for any delay beyond this time period in the amount of one thousand
dollars ($1,000.00) per calendar day. Such payment shall be construed to
be liquidated damages by the Contractor in lieu of any claim or damage
because of such delay and not be construed as a penalty.
4. Termination:
4.1 If, #hrough any cause, CONTRACTOR, i#s officers, employees, or agents
fails to fuffill in a timely and proper manner its obligations under this Agreement,
viafates any of the covenants, agreements, or stipulations of this Agreement,
Ten Mile Class A Reuse Main -Cherry to Ustick Construction page 3 of 12
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falsifies any record or document required to be prepared under this agreemen#,
engages in fraud, dishonesty, or any other act of misconduct in the performance
of this contract, or if the City Council determines that termination of this
Agreement is in the best interest of CITY, the CITY shall thereupon have the right
to terminate this Agreement by giving written notice to CONTRACTOR of such
termination and specifying the effective date thereof at least fffteen (15) days
before the effective date of such #ermination. CONTRACTOR may terminate this
agreement at any time by giving at least sixty (60) days notice to CITY.
4.2 In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability
to the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off anti! such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting
as an independent contractor, and neither CONTRACTOR, nor any officer,
employee or agent of CONTRACTOR will be deemed an employee of CITY.
Except as expressly provided in Attachment A, Contractor has no authority or
responsibility to exercise any rights or power vested in the City and therefore has
no authority to bind or incur any obligation on behalf of the City. The selection
and designation of the personnel of the CITY in the performance of this
agreement shall be made by the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times during
the term of this Agreement shall represent and conduct themselves as
independent contractors and not as employees of the City.
5.3 Con#rac#or shall determine the method, details and means of pertorming
the work and services to be provided by Contractor under this Agreement.
Contractor shall be responsible to City only for the requirements and results
specified in this Agreement and, except as expressly provided in this Agreement,
Ten Mile Class A Reuse Main - Cherry to Ustick Construction page 4 of 12
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shall not be subjected to City's control with respect to the physical action or
activities of Contractor in fulfillment of this Agreement. If in the performance of
this Agreement any third persons are employed by Contractor, such persons shall
be entirely and exclusively under the direction and supervision and control of the
Contractor.
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions, judgments for damages, or injury to
persons or property and losses and expenses and other casts including litigation
costs and attorney's fees, arising out of, resulting from, or in connection with the
performance of this Agreement by the CONTRACTOR, its servants, agents,
officers, employees, guests, and business invitees, and not caused by or arising
out of the tortious conduct of CITY or its employees. CONTRACTOR shall
maintain, and specifically agrees that it will maintain. throughout the term of this
Agreement liabEliry insurance, in which the CITY shall be named an additional
insured in the minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance One
Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify and
save and hold harmless CITY; and if CITY becomes liable for an amount in
excess of the insurance limits, herein provided, CONTRACTOR covenants and
agrees to indemnify and save and hold harmless CITY from and for all such
losses, claims, actions, or judgments for damages or injury to persons or property
and other costs, including litigation costs and attorneys' fees, arising out of,
resulting from , or in connection with the performance of this Agreement by the
Contractor or Con#ractor's officers, employs, agents, representatives or
subcontractors and resulting in or attributable to personal injury, death, or
damage or destruction to tangible or intangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof
of insurance evidencing CONTRACTOR'S compliance with the requirements of
this paragraph and fife such proof of insurance with the CITY at least ten (10)
days prior to the date Contractor begins performance of it's obligations under this
Agreement. In the event the insurance minimums are changed, CONTRACTOR
shall immediately submit proof of compliance with the changed limits. Evidence
of all insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles, self-insured retentions or
Ten Mile Class A Reuse Main -Cherry to Ustick Construction page 5 of t2
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named insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's
insurance coverage shall be primary insurance regarding the City's elected
officers, officials, employees and volunteers. Any insurance orself-insurance
maintained by the City or the City's elected officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not contribute
with Contractor's insurance except as to the extent of City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's tiabi[ity.
6.5 Alt Insurance coverages fior subcontractors shalt be subject to all of the
insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public Works
Improvement Projects.
8. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communica#ed when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Schmidt Construction Co, (nc.
Attn: William Schmidt
15883 Robber PI
Caldwell. ID 83607
208-459-2461
Pete ~schmidtconstruction.bix
Idaho Public Works License #: C-7¢406-AAA-1.
Ten Mile Class A Reuse Main - Cherry tc Ustick Construction Page 6 of t 2
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Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
9. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorneys' fees as
determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
10. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of, and a default under, this Agreement by the
party so failing to perform.
11. Assignment: It is expressly agreed and understood by the parties hereto, that
CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell
any of its rights under this Agreement except upon the prior express written
consent of CITY.
12. Discrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state
or local law, rule or regulation against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or disability.
13. Reports and Information:
13.1 At such times and in such forms as the CITY may require, there shall be
#umished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
13.2 Contractor shall maintain all writings, documents and records prepared or
campiled in connection with the performance of this Agreement far a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and
every other means of recording upon any tangible thing, any farm of
communication or representation including letters, words, pictures, sounds or
symbols or any combination thereof.
14. Audits and inspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
Ten Mile Class A Reuse Main - Cherry to Ustick Construction page 7 of 12
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examination ail of CONTRACTOR'S records with respect to all matters covered
by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and
make excerpts or transcripts from such records, and to make audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
15. Publication, Reproduction and Use of Material: No material produced in whole
or in part under this Agreement shah be subject to copyright in the United States
or in any other country. The CITY shall have unrestric#ed authori#y to publish,
disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement.
16. Compliance with Laws: In performing the scope of work required hereunder,
CONTRACTOR shall comply with all applicable caws, ordinances, and codes of
Federal, State, and local governments.
17. Changes: The CITY may, from time #o time, request changes in the Scope of
Work to be performed hereunder. Such changes, including any increase or
decrease in the amount of CONTRACTOR'S compensation, which are mutually
agreed upon by and between the CITY and CONTRACTOR, shall be
incorpora#ed in written amendments which shall be executed with the same
formalities as this Agreement.
18. Construction and Severability: If any part of this Agreement is held to be invalid
or unenforceable, such holding will not affect the validity or enforceability of any
other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
19. Waiver of Default: Waiver of default by either party to this Agreement shall not
be deemed to be waiver of any subsequent default. Waiver or breach of any
provision of this Agreement shall not be deemed to be a waiver of any other or
subsequent breach, and shall not be construed to be a modification of the terms
of this Agreement unless this Agreement is modified as provided above.
20. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's yr the
opportunity to seek such advice.
21. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
Ten Mile Glass A Reuse Main - Cherry to Ustick Gonstruction page S of 12
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22. Order of Precedence: The order or precedence shall be the contract agreement,
the Invitation for Bid document, then the winning bidders submitted bid document.
23. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances of
the City of Meridian.
24. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN
r~-
BY: ""'~~~~1~~ ~C'LC,~`'
TAMMY EERD, MAYOR
Dated: I- ~~ ' ZC I (
SCHMIDT CONSTRUCTION
!/~'
BY: W m Schmidt
Dated: ~ ~ l
Approved by Council: 0 ~O~ ~
Attest: ` G~ ~~'o~~o~TFO
~i -~ sEAL
C L. HOLMAN, CITY CL~R~ '`~ ~ ~~
UsT ~s"t • PZ` ,~~
Approved as to Content ~~"""" °``'~
BY:
KEIT TT ASING AGENT
Dated: l ~ -2 ~ - l~
Approved as to Form
Depa e t Appr v I
BY: ~-.,
NAME: ~ a>zrt~;J ~'~~.,~~-~~
TITLE: ~ N~--z,n.~~'rzi,~cr. ~~a,n~r4~ ~~
Dated: J ~Z i ~
CITY ATTORNEY
Ten Mile Class A Reuse Main -Cherry to Ustick Construction page 9 of 12
Project 0642b
Attachment A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-11-0642b
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the invitation
#o Bid Package # PW-11-0642b, are by this reference made a part hereof.
Ten Mile Gass A Reuse Main - Cherry to Ustick Construction page 10 of 12
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Attachment B
MILESTONE /PAYMENT SCHEDULE
A. Total and comp[ste compensation for this Agreement shall not exceed $520,236.00.
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Furnish all labor, materials, equipment, and incidentals as required for the TEN MILE ROAD CLASS
A REUSE MAIN -CHERRY TO USTICK (CONSTRUCTION), per the attached drawings and
s ecifications "Exhibit A"
Item No. Item Description Estimate Un Unit Price Bid Item
d it Bid Total
307.4.1.G.1. TYPE P SURFACE RESTORATION 5,194 SY $ 19.55 $101,542.70
308.4.1.A.i. PIPE BORING AND JACKING 216 LF $ 338.00 $ 73,008.00
401.4.1.A.1. 8" PVC, AWWA C900, DR18 WATER MAIN 141 LF $ 24.00 $ 3,384.00
402.4.i.A.1. 8" GATE VALVE 2 EA $ 1,125.00 $ 2,250.00
404
4
A
1
1 1"0 STANDARD WATER SERVICE 4 EA $ 805.00 $ 8,220.00
.
.
.
.
. CONNECTION
1.
4
1
6
505 16" PVC, AWWA C905, DR25 REUSE 7,067 LF $ 30.00 $212,010.00
.
.
.
. MAIN
708.4.1.G.1. GONCRETE REPAIR 49 SY $ 34.00 $ 1,666.00
2010.4.1.A.1. MOBILIZATION 1 LS $38,680.60 $ 38,680.60
SP-1 16" REUSE GATE VALVE 7 EA $ 5,636.00 $ 39,452.00
SP-2 30" PVC, AWWA C90S, DR25 REUSE 20 LF $ 149.00 $ 2,980.00
SLEEVE
SP-3 5' ASPHALT SIDEWALK PER DETAIL 786 LF $ 11.45 $ 8,999.70
SHEET 12
SP-4 LAWN SOD RESTORATION 239 SF $ 4.00 $ 956.00
SP-5 PROPERTY RESTORATION 3 EA $ 1,500.00 $ 4,500.00
Ten Mile Class A Reuse Main - Cherry to Usticlc Construction page i 1 of 12
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SP-6 2" BLOW-OFF ASSEMBLY PER SD-W19 2 EA $ 1,386.00 $ 2,772.00
SP_7 HOT TAP EXISTING WATER MAIN 2 EA $ 1,330.00 $ 2,660.00
SP-8 16" PVC, AW WA C905, DR25 REUSE
MAIN (INSTALLATION ONLY) g0 LF $ 13.00 $ 780.00
SP-9 12"REUSE GATE VALVE (INSTALLATION
ONLY) 1 EA $ 450.00 $ 450A0
SP-10 AUTOMATIC AIR RELEASE VALVE 5 EA $ 1,320.00 $ 6,600.00
SP-11 1" METERING STATION PER SD-SPi 1 EA $ 1,525.00 $ 1,32x.00
5P-12 WEEKEND WORK 1 LS $ 1,000.00 $ 1,000.00
SP-13 TRAFFIC CONTROL 1 LS $ 8,500.00 $ 8,500.00
SP-14 WATER POLLUTION CONTROL 1 LS $ 3,500.00 $ 3,500.00
TOTAL CONTRACT AMOUNT: $520.236.00
Travel expenses will be paid at no more than the City of Meridian's Travel and Expense
Reimbursement Policy.
Ten Mile Class A Reuse Main - Cherry to Usiick Construction page 12 of 12
Project 0642b
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City of Meridian Plans
Ten Mile Road
Class A Reuse Main
Construction Cost Estimate
Item No.
Item Description Estimated
Quantity
Unit Unit
Price Item
Total
307.4.1.G.1. TYPE P SURFACE RESTORATION 5,194 SY $30.00 $155,820.CC
308.4.1.A.1. PIPE BORING AND JACKING 216 LF $400.00 $86,400.CC
401.4.1.A.1. 8" PVC, AWWA C9D0, DR18 WATER MAlN 141 LF $28.00_ $3,948.CJ
402.4.1.A.1. 8" GATE VALVE 2 EA $1,000.00 $2,000.{~~)
404.4.1.A.1. 1"O STANDARD WATER SERVICE CONNECTION 4 EA $1,200.00 $4,800.Ct~
505.4.1.8.1. 16" PVC, AWWA C905, DR25 REUSE MAIN 7,067 LF $30.00 $212,p10.t~t
706.4.1.G.1. CONCRETE REPAIR 49 SY $70.OD $3,430.G'
2010.4.1.A.1. MOBILIZATION 1 LS $30,0_00.00 $30,000.1;;
SP-1 16" REUSE GATE VALVE 7 EA $5,000.00 $35,000.i;c
SP-2 3D" PVC, AWWA C905, DR25 REUSE SLEEVE 20 LF $130.00 $2,600.(::`"'
SP-3 5' ASPHALT SIDEWALK PER DETAIL SHEET 12 786 LF $16.00 $12,576.1:
SP-4 LAWN SOD RESTORATION 239 SF $4.00 $956.tr"
5P-5 PROPERTY RESTORATION 3 EA $1,500.00 $4,500.00
SP-6 2" BLOW-OFF ASSEMBLY PER SD-W19 2 EA $1,300.00 $2,600.00
SP-7 WOT TAP EXISTING WATER MAIN 2 EA $1,800.00 $3,600.00
5P-8 16" PVC, AWWA C905, DR25 REUSE MAIN INSTALLATION ONLY) 60 LF $18.00 $1,080.00
SP-9 12" REUSE GATE VALVE {INSTALLATION ONLY 1 EA $1,100.00 $1,100.00
SP-10 AUTOMATIC AIR RELEASE VALVE 5 EA $2,000.00 $10,000.00
SP-11 1"METERING STATION PER SD-SP1 1 EA $1,200.00 $1,200.00
SP-12 WEEKEND WORK 1 LS $5,000.00 $5,000.00
SP-13 TRAFFIC CONTROL 1 LS $5,000.00 $5,000.00
SP-14 WATER POLLUTION CONTROL 1 LS $4,000.00 $4,000.00
Total $587,620.00
Final-Estimate CS.xis 1/12/2011
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