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HomeMy WebLinkAboutContractMASTER NON-EXCLUSIVE ON-CALL SMALL PUBLIC WORKS AGREEMENT FOR Doors, Gates, & Rollup Door Repair, Maintenance, and Inspection Services CAG-25-197 THIS AGREEMENT 11th day of June Davis Door Service, Inc.Corporation who are collectively referred to as to provide non-exclusive on-call Doors, Gates, & Rollup Door Repair, Maintenance, and Inspection services. City and Contractor agree as set forth below. The City desired on-call tree maintenance and removal services and solicited a written Bid Proposal for this Agreement. The Contractor responded to the Bid Proposal to provide these services and represents that it is qualified and possesses sufficient skills to perform such work. 1. Scope of Work: Contractor agrees to provide non-exclusive on-call Doors, Gates, & Rollup Doors Repair, Maintenance, and Inspection Services as specified in Exhibit A. which is to be assigned as INVOICE WORK ORDERS need under this agreement by the project managers. 2. Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3. Time of Performance/ Term of Agreement/ Renewal : A. Contractor shall commence performance of the Agreement pursuant to the schedules set forth in an invoice. B. The Term of this Agreements is one year: All Work shall be performed not later than May 1st, 2026 a. C. This Agreement may be renewed for two (2) additional one (1) year periods. * note the Prevailing Wage Rate update in Paragraph 5. A. CAG-25-197 PAGE 2 OF 17 D. This Agreement may be extended for less than one year to accomplish and existing INVOICE WORK ORDERS, if required, upon mutual written agreement of City and Contractor. 4. Compensation: A. Amount. Total compensation to Contractor for Work for ALL ON-CALL INVOICE WORK ORDERS cumulatively provided pursuant to this Agreement shall not exceed $49,500.00, including any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The work will be ordered as needed per ON-CALL INVOICE ORDER and there is no guaranteed minimum amount to be paid under this Agreement. The Contractor agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Contractor shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. For each ON-CALL INVOICE WORK ORDER, on a monthly or no less than quarterly basis during any quarter in which Work is performed, the Contractor shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the performance does not meet the requirements of this Agreement, the Contractor will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Contractor for failure of the Contractor to perform the Work or for any breach of this Agreement by the Contractor. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. PAGE 3 OF 17 5. Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. A.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and at the beginning of each calendar year and an Affidavit of Wages Paid at the end of each calendar year and at the end of the project with the Washington State Department of Labor and Industries. *Final payment will be held until Affidavit of Wages Paid is submitted for each period/calendar year or end of project. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is (*Note Prevailing Wages for this agreement will update to the then current Prevailing Wages rate for the effective date of each one year renewal.) Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 14 Notices of this agreement. B.For Agreements over $150,000: Pursuant to RCW 60.28 and 39.08 The City requires a 5 % Retainage be withheld and that the Contractor will provide a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. PAGE 4 OF 17 C.For Agreements under $150,000 Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. (Unless the Contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one if contractor does not pick one then the first option (5% retainage with contract bond) applies: _______ To provide a payment and performance bond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or ___X____ To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. D. City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. E. Final Acceptance. Final Acceptance of the Project of an ALL ON-CALL INVOICE WORK ORDERS when the City has determined that the Project is one hundred percent (100%) complete and has been completed in accordance with the Plans and Specifications. 6. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without the Contractor in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Contractor pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Contractor shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the PAGE 5 OF 17 Contractor an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 7. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable a omission, except for those acts caused by or resulting from a negligent act or omission by City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real or damages to property caused by or resulting from the concurrent negligence of the It is further specifically and expressly understood that the indemnification provided in this RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance: Contractor shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers the State of Washington, shall also be secured. PAGE 6 OF 17 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined by or on behalf of the City, beyond normal commutes. E. Renton will be named as an Additional Insured on a non-contributory primary liability. F. proper endorsements, shall be delivered to City before executing the work of this Agreement. G. Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. H.Additional Insuran for a particular ALL ON-CALL INVOICE WORK ORDERS: 1.Required. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off- site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. 2.Required. Contractors Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. PAGE 7 OF 17 If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution Liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be attached. 9. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A. Contractor, and Contractor with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or PAGE 8 OF 17 recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.-discrimination provisions, City shall have the right, at its option, to cancel the Agreement in whole or in part. D. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 10. Independent Contractor:mployees, while engaged in the performance of this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of City and as a result, shall not be shall be at all ti Act claims on behalf of Contractor employees, and any and all claims made by a third-party while engaged in Work provided to be rendered under this Agreement, shall be the solely 11. City of Renton Business License:The Contractor shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 12. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 13. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, PAGE 9 OF 17 saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 14. Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of City or Contractor. Notice: Except for Service of Process in a legal proceeding, any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. Email notice will be deemed received the date of the email so long as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed received the next business day a copy of email notice must be mailed as set forth above. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. CITY OF RENTON Edward Grybe 1055 South Grady Way Renton, WA 98057 Phone: (206) 475-0662 egrube@rentonwa.gov CONTRACTOR Davis Door Service, Inc. 2021 South Grand Street Seattle, WA 98144 Phone: 206-324-9101 service@davisdoor.com Fax: 206-324-9104 B.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. PAGE 10 OF 17 C.Assignment and Subcontract. Contractor shall not assign or subcontract any consent. D.Compliance with Laws perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington. I.Severability. A co or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. J.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. PAGE 11 OF 17 L.Waivers. All waivers shall be in writing and signed by the waiving party. Either shall not prevent either City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the Effective Date. CITY OF RENTON _____________________________ CONTRACTOR ____________________________ Martin Pastucha Public Works Administrator Printed Name: Title: 1055 South Grady Way Renton, Washington 98057 _____________________________ Date _____________________________ Date Approved as to Legal Form _______________________________ Shane Moloney Renton City Attorney Non-standard Master Small PW On-Call CLB 4-24-24 template 5/1/2025 CFO Approved by Cheryl Beyer via email 5/21/2025 PAGE 12 OF 17 Exhibit A SCOPE OF WORK City of Renton ON-CALL Doors, Gates, & Rollup Door Repair, Maintenance, and Inspection SERVICES Project Manager: Introduction The City of Renton requests services to perform Doors, Gates, & Rollup Door Repair, Maintenance, and Inspection Service on an basis with up to 3 companies. A $49,500.00 -not-to-does not guarantee workto any contractor, and the amount paid will be based upon time and materials of actual work performed. A written quote will be required for each call-out under the agreement. The City reserves the right to award multiple contracts to multiple contractors for this work if it is in the best interest of the City. The City reserves the right to choose any of the companies awarded this contract for each call-out. The overtime rates set forth in the contract will be reimbursable only to the extent the overtime has been approved by the City. Equipment rental will be reimbursed for the exact amount paid; receipts must be submitted with a n invoice. Traffic control plans should be considered a requirement for some locations. Additional requirements of the work are included below. It is your responsibility to read these requirements thoroughly and to become familiar with each site location where work is assigned to the amount and type of work involved to complete. PAGE 13 OF 17 Minimum Requirements of Contractor Renton Business License, registered contractor with the State of Washington, current State Unified Business Identifier Number Proof of Insurance - Minimum amounts to be approved in advance by City Risk Management. Includes General Liability, Automobile Liability, Workers Liability. See the attached contract for specific requirements. Include with the First Invoice the Intent to Pay Prevailing Wage Rates and submit the Affidavit to Pay Prevailing Wage Rates at the completion of the last Invoice of the Year; the Affidavit must total the amount of all Invoices Paid for the year. Labor rates shall be Prevailing Wage Rates for the industry. Background Check is required to work in areas designated Criminal Justice Information Service (CJIS). The city will provide the contractor the Authorization Form to get their designated technician's background checked. o Attachment A for Exhibit A All Technicians shall wear the most up-to-date personal protective equipment (PPE), including but not limited to safety glasses, gloves, and footwear, while on the job site. Equipment and experience in Maintenance, Troubleshooting, and Repairing Doors, Gates, and Rollup Door Equipment and all associated components (i.e., Hinges, Frames, Lockset, Gate Equipment, Springs, Motor Controls, Limit Switches, Wiring/Conduit, etc.). Work that is incomplete at the end of the workday must be in a state that allows the Door, Gate, and Rollup Door to be secured for the day and/or restored safely. The Contractor reserves the right to change any Technician Assignment and substitute another Technician at any time due to illness or other Emergency. Technicians shall not wear clothing that is offensive or distracting while at the location. No Smoking is allowed by the Technicians except in designated areas. Preferred Qualifications of Doors, Gates, and Rollup Door Technicians Familiarity with and adherence to: o RCW 19.28 Electricians and Electrical Installation o WAC 296-46B - 920 Door, Gate, and Similar System o WAC 296-56-60127 Cargo Doors PAGE 14 OF 17 o WAC 296-96-24115 Landing Enclosures and Gates o WAC 246-359-510 Door Requirements o Washington State Building Code 1010 Doors, Gates, and Turnstiles Certification Requirements o Any Washington State required certifications not listed to safely work on Doors, Rollup Doors, and Gates Project Area Specifications Prior to Beginning Work On-Site Meeting with the Door Technician and Facilities to go over what work is to be accomplished. o Sign out an Access Badge and/or Key (if applicable) If the area at the location is a Designated CJIS Area, the employees of the contractor must be on the City of Renton CJIS Authorized Contract Employee List. Non-Emergency Work Doors, Gates, & Rollup Door Repair, Maintenance, and Inspection Service Work must be scheduled in Advance so Facilities can schedule the work with the Staff that reside in the building and provide a facilities Technician to be available if needed. If applicable, ensure the appropriate Building Permit is filed with the city. The contractor is responsible for: o Put up Safety Signs and Caution/Danger Tape to safely cordon off the area. o If the Door, Gate, or Rollup Door is to be worked on, they will temporarily close off the Path when work is started. Emergency Work Doors, Gates, & Rollup Door Repair, Maintenance, and Inspection Service If applicable, ensure the appropriate Building Permit is filed with the city. The contractor is responsible for: o Put up Safety Signs and Caution/Danger Tape to safely cordon off the area. o If the Door, Gate, or Rollup Door is to be worked on, they will temporarily close off the Path when work is started. Special Conditions Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility of the contractor. Designated City Hall CJIS Locations; Background Check Required o P2 Data Closet PAGE 15 OF 17 o P2 All PD areas (evidence room, evidence offices, evidence intake area) o 1st Floor: Police Dept area (not first door to access stairwell but next door to PD area) IT area Suite #110 and the NOC (Network Operations Center) o 2nd Floor All Police areas (offices, conference rooms, Tech Room...) and Data Closet o 3rd Floor EHD office, Court areas, Data Closet o 4th Floor: City Attorney's Office area (including lunch/breakroom) New IT area Temp HR/PD area o Training Room #405 o 5th Floor Traffic Control Room o 7th Floor Human Resources Office Space o Off-Site Police Evidence Garages o Public Works Sign Shop building Invoices Invoices should be submitted to: Brian Hammon, Facilities Manager Edward Grube,FacilitiesCapitalProject Coordinator Public Works - Facilities Department 5th Floor 1055 South Grady Way, Renton, WA 98057 Email:Facilities@Rentonwa.gov Telephone: (425) 430-7222 Invoices should contain the following information to prevent a delay in processing: o Contractor name, address, and telephone number o Contract Number assigned upon execution of agreement o Unique Invoice Number o Date work performed o Location where work was performed o Number of workers assigned to task o Classification of workers assigned to task PAGE 16 OF 17 o Total hours worked o Materials including mark-up o Amount due, Washington sales tax, and total amount due o Washington Department of Labor and Industries Intent to Pay Prevailing Wage Statement with first invoice. Affidavit of Wages Paid Statement for each invoice thereafter. Failure to submit these forms may delay the processing of invoices. PAGE 17 OF 17 Exhibit B SCHEDULE OF COSTS AND HOURLY RATES City of Renton ON-CALL Doors, Gates, & Rollup Door Repair, Maintenance, and Inspection SERVICES Time and Material Submission (sealed bid or by email) Agreement Sum (based upon prevailing wage) o Regular Rate per Hour: ______________ per man-hour o Overtime Rate per Hour: ______________ per man-hour o Material Markup Percentage: ___________% Equipment Schedule Submission Description:_______________________________________________________________ ___ Description:_______________________________________________________________ ___ Description:_______________________________________________________________ ___ $327.00 $218.00 Varies