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Agenda 06/25/2013 Item #16A106/25/2013 16.A.10. EXECUTIVE SUMMARY Recommendation to approve the standard form Construction and Maintenance and Escrow Agreement and the amount of the security for road and utility improvements required by the Hacienda Lake Planned Unit Development Ord. No. 11 -41. OBJECTIVE: To have the Board of County Commissioners (Board) approve the Construction, Maintenance and Escrow Agreement so that the County has sufficient security to assure that the project is constructed per the plans and specifications. CONSIDERATIONS: The Transportation Engineering and Construction Management Department has completed the review of the construction drawings and specifications for roadway and utility improvements at the Collier Boulevard and Rattlesnake Hammock Road intersection and an adjacent bridge over the Collier Boulevard canal in accordance with Ordinance 11-41 (the approved Hacienda Lakes PUD document). These improvements shall be completed within public right -of -way in accordance with Collier County Right -of -Way Permits #PRROW2013040798201 and #PRROW2012081809401. All applicable permit review fees have been paid. Security in the amount of 110% of the estimated costs of the required improvements, together with a Construction and Maintenance and Escrow Agreement for the Improvements, has been provided and accepted by staff and the County Attorney's office. le� The project cost is $1,819,297.18 (estimated) to be borne by the developer. The Security amount, equal to 110% of the project cost, is $2,001,226.99. Right -of -Way Permit Fees in the total amount of $6,000 have been collected. The breakdown is as follows: a) Right -of -Way Permit Review Fee for Construction $4,000 b) Right -of -Way Permit Review Fee for Directional Bore $2,000 FISCAL IMPACT: Fees of $6,000 collected for review and inspection along with security in the amount of $2,001,226.99. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -HFAC RECOMMENDATION: To have the Board approve the Construction, Maintenance and Escrow Agreement and accept security in the amount of $2,001,226.99: Prepared by: Reed Jarvi, Transportation Planning Manager, Engineering Services, Growth Management Division, Planning and Regulation 110'� Attachments: Construction, Maintenance and Escrow Agreement Packet Page -474 - 6/25/2013 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to approve the standard form Construction, Maintenance and Escrow Agreement for road and utility improvements required by the Hacienda Lake Planned Unit Development Ord. No. 11 -41. Meeting Date: 6/25/2013 Prepared By Name: JarviReed Title: Transportation Planning Manager, GMD 6/3/2013 3:39:12 PM Submitted by Title: Transportation Planning Manager, GMD Name: JarviReed 6/3/2013 3:39:14 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/7/2013 8:42:48 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/13/2013 8:33:10 AM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 6/14/2013 9:33:22 AM Name: KlatzkowJeff Title: County Attorney Date: 6/14/2013 9:50:03 AM Packet Page -475- Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/14/2013 11:57:40 AM Name: OchsLeo Title: County Manager Date: 6/15/2013 1:02:36 PM Packet Page -476- 6/25/2013 16.A.10. 6/25/2013 16.A.10. CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR IMPROVEMENTS WITHIN THE COLLIER COUNTY RIGHT -OF -WAY THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR IMPROVEMENTS WITHIN THE COLLIER COUNTY RIGHT -OF -WAY entered into this day of , 2013 between Hacienda Lakes of Naples, LLC hereinafter referred to as "Developer", the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the 'Board" AND Coleman, Yovanovich& Koester, P.A. (hereinafter "Escrow Agent"). RECITALS: 1) Developer is required to construct utility and road improvements at the Collier Boulevard Rattlesnake Hammock Road intersection and an adjacent bridge over the Collier Boulevard Canal in accordance with Ord. No. 11-41 (the Hacienda Lakes Planned Unit Development). 2) Developer has, simultaneously with the delivery of this Agreement, applied for the approval of certain road and utility improvements at the Collier Boulevard and Rattlesnake Hammock Road intersection and adjacent bridge over the Collier Boulevard canal in accordance to Ordinance 11-41. The required improvements as defined in the cost estimates attached as Exhibit A (hereinafter "Required Improvements ") shall be constructed in accordance with the plans and specifications as approved by Collier County Right -of -Way Permits #PRROW2013040798201 and #PRROW2012081809401. 3) Section 1. Hof the Construction Standards Handbook for work within the Public Right -of -Way, as well as Art. IV of the Code of Laws and Ordinances of Collier County, Florida requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. 4) Escrow Agent has entered into a construction escrow agreement with Developer (the "Escrow Agreement") to fund the cost of the Required Improvements. 5) Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $2,001,226.99, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed the Required Improvements pursuant to specifications that have been approved in the above- referenced right -of -way permits within twelve (12) months from the date of approval of this agreement. 2. Developer hereby authorizes Escrow Agent to hold in escrow $2,001,226.99 from the Escrow Agreement, in escrow, pursuant to the terms of this Agreement. Packet Page -477- 6/25/2013 16.A.10. 3. Escrow Agent agrees to hold in escrow $2,001,226.99 from the Escrow Agreement, to be disbursed only pursuant to this Agreement. Escrow Agent acknowledges that this Agreement shall not constitute a draw against the Escrow Agreement fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Escrow Agreement, shall accrue interest. 4. The escrowed funds shall be released to the developer only upon written approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the County Manager or his designee may approve the release of any remainder of escrowed funds, less ten percent (10 %) for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fall to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Escrow Agent, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such funds a statement to be signed by the County Manager or his designee to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement, (b) The County, or its authorized agent, will complete the work called for under the ^ terms of the above - mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above - mentioned development work; and (d) The County will promptly repay to the Escrow Agent any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of only those specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the Escrow Agent shall constitute a release by the County and Developer of the Escrow Agent for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered for preliminary approval until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Construction Standards Handbook for work within the Public Right -of -Way and Art. IV of the Code of Laws and Ordinances of Collier County. Packet Page -478- 6/25/2013 16.A.10. 7. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provisions; provided, that the Escrow Agent does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement to include closing the account, or disbursing any funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the County Manager or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Escrow Agent's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of .2013. Attest: DWIGHT E. BROCK, Clerk 0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -479- GEORGIA A. HILLER, Chairwoman SIGNED IN THE PRESENCE OF: Ohns4int M`�Fc4r-icloc Printed Name Signature V11 Printed Name Sigh-a—ture SIGNED IN THE PRESENCE OF: 'hr154iix— MsFe-,�,cjg Printed Name Signature I Printed Name Signature Approved as to form and legal sufficiency: Assistant County Attorney Haciend Lak Na a LL BY: 6/25/2013 16.A.10. Coleman, Yovanovich & Koester, P.A Richard D. Yovanovich Title Packet Page -480- INC. f( Planning Visualization (7 0 N S U L'1' t N (i Civil Engineering Z t T Tl 3 Surveying & Mupping 6/25/2013 16.A.10. Project Rattlesnake Water Main Replacement Proj. #: 050116.00.03 Task # Calculated By: DRN Date: 4- Apr -13 Checked By: JAZ Date: Preliminary Opinion of Probable Cost Rattlesnake Crossing Water Main Replacment Based on revised plan "Off -site Water Main Relocation Plan & Profile" 04-08 -2013. Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Description Unit Ouantity Unit Price Extended Price Mobilization LS 1 $2,500 $2,500 Maintenance of Traffic LS 1 $1,500 $1,500 Staked Silt Fence (Incls. Maintenance) LF 400 $2 $600 Connect to Existing 24" wt 90' Bend (Eastside) EA 1 $2,500 $2,500 Directional Drill 24" HDPE Without Casing I.F 320 5180 $57.600 Install 24" HDPE/ Open -Cut LF 203 $84 $16,951 Fittings 90 Degree Bends EA 2 $3.280 $6.560 Fittings 2l 45' Bends & I1 11.25' Bend EA 3 $3,280 $9,840 Install 42" Casing Under Pavement( Open -cut LF 20 $78 $1,560 Restraining Joints (24" PVC) EA 14 $540 $7,560 Abandon Existing 24" W. M. with Flowable Fill LF 433 $11 $4,547 ARV - EA 2 $1,800 $3,600 Fine Grading SY 650 $2 $975 Sodding (Regular) - Bahia SY 650 $2 $975 24" Gate Valve & Vault EA 1 $1.3,000 $13.000 Connect 24" HDPE to 24" PVC !a? Canal Bank) LF 24 $88 $2,112 Furnish, Drive & Pull Steel Sheeting( 30'x 10') SF 2.400 $8 $18,600 Sub -Total !. Contingency (10% of Total) $15,098 Total Disclaimer: This document represents our opinion of the probable cost of the construction based on the referenced documents and nationally published construction cost guidelines and available information on local markets conditions. This estimate can provide guidance for your decision- making, however it is not intended to be a guarantee of the acutal cost of a project. Frequent fluctuations in labor and building material costs, as well as the local bid climate, can substantially alter the construction cost of an individual project. The final determination of building cost is made through the bidding process with a contractor. K: \2005 \050150.06.06 Hacienda Lakes Phi Intersection Grading \0002 Opinions of Probable Cost \2013 -04 -04 Water Main OPC Revised \2013 -04 -08 Rattlesnake Water Main Replacement OPC.xIs Packet Page -481- 6/25/2013 16.A.10. IN "DIX TA INC zatian CONSULTING Civil Engineering Z L f VA. 1 Surveying & Mapping HACIENDA LAKES PH 1 INTERSECTION PHASE ONE PRELIMINARY OPINION OF PROBABLE COST SUMMARY PAVING, CURB, SWK, SIGNALS AND SIGNING /MARKINGS $377,529.68 STORM DRAINAGE $15,648.00 SANITARY SEWER $73,380.00 BRIDGE $1,201,76050 TOTAL $1,668.318.18 CONTINGENCY (110% of TOTAL) $1,835,149.99 Disclaimer: This document represents our opinion of the probable cost of the construction based on the referenced documents and nationally published construction cost guidelines and available information on local market conditions. This estimate can provide guidance for your decision - making, however it is not intended to be a guarantee of the actual cost of a project. Frequent fluctuations in labor and building material costs, as well as the local bid climate, can substantially alter the construction cost of an individual project. The final determination of building cost is made through the bidding process with a contractor. \iTCS.$ Etta' IiRVhW' LlFawat. amVtgweiEiwimda1 :eLraUiarttwvkcl6moaclRwd(:oiLe- Blwl hteneaimNCA"i -m 1...-Pd1intassluei Yk'Gd1L!(1 -2U13 5/10,'20I3 swmuff) 1 of 7 3:16 PM 1 EXHS[T A page 2 of Packet Page -482- 6/25/2013 16.A.10. INC. Planning Visualization CONSULTING Civil Engineering i 1 t VA. JL Surveying & Mapping HACIENDA LAKES PH I INTERSECTION PRELIMINARY OPINION OF PROBABLE COST Project #: 050150.06.06 Date: May 7, 2013 Estimated By: Doyle Nichols & Mica Jackson Checked By: Norm Trebilcock SANITARY SEWER 10" DIP Force Main (Open Cut) DESCRIPTION UNIT QUANTITY UNIT EXTENDED 1 $3,500.00 $3,500.00 Flowable Fill Encasement CY COST COST 10" DIP Force Main (Open Cut) LF 245 $52.00 $12,740.00 Tie -into Existing Force Main LS 1 $3,500.00 $3,500.00 Flowable Fill Encasement CY 153 $180.00 $27,540.00 Utility Conflicts & Crossings LF 7 $3,200.00 $22,400.00 A.R.V. EA 1 $1,800.00 $1,800.00 10" DIP Fittings EA 12 $450.00 $5,400.00 I TOTAL � $73,380.00 cry MRVEMn.t."�T—U46-- t-w.T.m iinm .k Road c.U- »huth%�—VWXm i..k«Pb1"— CWC —W_H� ou 5/102013 I Ar^ 3:16 PM s s � EXHIBIT A facie, 3 of Packet Page -483- 6/25/2013 16.A.10. "DIXTINC. Planning Visualization CONSULTING Civil Engineering Z ♦L i Surveying & Mapping HACIENDA LAKES PH 1 INTERSECTION PRELIMINARY OPINION OF PROBABLE COST Project #: 0501.50.06.06 Date: May 7, 2013 Estimated By: Doyle Nichols & Mica Jackson Checked By: Norm Trebilcock STORM DRAINAGE DESCRIPTION UNIT I QUANTITY UNIT EXTENDED EA 2 $4,200.00 $8,400.00 FDOT Index 250 Headwalls COST COST $4,800.00 15" RCP LF 51 $48.00 $2.448.00 Curb inlet FDOT Type 5 EA 2 $4,200.00 $8,400.00 FDOT Index 250 Headwalls EA 2 $2,400.00 $4,800.00 TOTAL i $158.00 �1TC' 5E [tviXU7.m`{aenmstrrwas�sv4da�da LaWrR.nku�.le eimumuRaa Cali. land io�a c�iwi #�C�ihwe,.d.t..k�s Ptt 5110,2413 Storm Dmmge 3 d7 3:16 Phi z EXHIBIT A page 4 of 8 Packet Page -484- 6/25/2013 16.A.10. INC. 'DIX TA Visualalizgation CONSULTING Civil Engineering T 11 1 Surveying & MaMing HACIENDA LAKES PH 1 INTERSECTION PRELIMINARY OPINION OF PROBABLE COST Project #: 050150.06.06 Date: May 10, 2013 Estimated By: Doyle Nichols & Mica Jackson Checked Bv: Norm Trebilcock INTERSECTION IMPROVEMENTS DESCRIPTION UNIT QUANTITY UNIT EXTENDED Remove Existing Curb LF I COST I COST Mobilization for Intersection Work LS 1 $15,000.00 $15,000.00 Remove Existing Curb LF 839 $2.25 $1,887.75 Replace Curb Type "F" LF 858 $8.50 $7,293.00 Remove Existing Sidewalk SY 694 $3.50 $2,429.00 Replace Sidewalk SY 262 $34.00 $8,908.00 Saw Cut Existing LF 256 $5.00 $1,280.00 Remove Guardrail LF 370 $3.50 $1,295.00 Replace Guardrail LF 263 $15.80 $4,155.40 Remove & Relay Brick pavers SY 20 $8.40 $168.00 Embankment to Bridge Approach CY 284 $6.50 $1,846.00 Milling Existing Asphalt (1.5 ") SY 5.995 $1.34 $8,033.30 New Limerock Adjacent to Bridge SY 226 $18.40 $4,158.40 mes stR��xvr>mrw�„» ,u .�. a� ixu .ter xu.a cam Ht a s„��x�wa��a. r Ph z 5110,2013 lmcrsteMn 1rWMVC"X*M5 4 of 7 3:16 PM A EXHIBIT A page 5 of 8 Packet Page -485- Asphalt Overbuild w/ Structural Course Asphalt 1.5" Superpave Course Asphalt 1 .5" Friction Course 3.5" New Asphalt Adjacent to Bridge 1.5" Friction Course Adjacent to Bridge Temp. Pav't Marking During Paving Final Pavement Marking & Signage Handicap Ramps w/ Truncated Domes M.O.T. for Intersection Work Signalization for Intersection Staked Silt Fence Floating Turbidity Barrier Construction Staking Remove Existing& Realign 10' Pathway Alum. Ped./ Bicycle Picket Railing Street Lighting System Modifications (Poles 85 thru 88) Valve, MH and Box Adjustments (20 count estimate) 6/25/2013 16.A.10. TN 267 $98.00 $26,166.00 TN 422 $108.00 $45,576.00 TN 422 $115.00 $48,530.00 TN 65 $108.00 $7.020.00 TN 27 $115.00 $3,105.00 LF 13,960 $0.15 $2,094.00 LS 1 $27,440.08 $27,440.08 SF 330 $24.00 $7,920.00 LS 1 $55,800.00 $55,800.00 LS 1 $58,142.75 $58,142.75 LF 2,200 $1.50 $3,300.00 LF 100 $12.50 $1,250.00 LS 1 $5,500.00 $5,500.00 SY 222 $26.00 $5,772.00 LF 120 $58.00 $6,960.00 LS 1 $12,500.00 $12,500.00 LS 1 $4,000.00 $4,000.00 TOTAL $377,329.6$ vc� a5exvr�wea oa a :�r�ecc ua. mm 1..r.tiudm -1w H--at e�.e edi- HM tne. ,mu� Lk. % I W� onam -iajo 1 5/10,12013 ]nter aim Itprovenwnts 5 of 7 3:16 PM 5 EXHIBIT A fuse 6 of Packet Page -486- 6/25/2013 16.A.10. Bid Item Description Unit Quantity Unit Price Total 1011 Mobilizabon LS 1 $5,615.00 $5.615.00 555 -1 -1 Directional Bore LF 135 $21.45 $2,895.75 630 -1 -12 Conduit Underground LF 900 $5.85 $5,265.00 632 -7 -1 Signal Cable PI 1 $3,462.00 $3.462.00 635 -1 -11 Pull Box EA 10 $331.00 $3,310.00 635 -1.40 IPull Box, Relocate EA 4 1 $20800 $832.00 650 -51 -31 Traffic Si nal3 section 1 Way AS 2 $1.000.00 $2,000.00 653 -191 Pedestrian Signal 1 Way AS 2 $646.00 $1,692.00 653 -192 Pedestrian Signal 2 Way AS 3 $1,638.00 $4,914.00 659 -1 -02 Back Plate EA 18 $192.00 $3,456.00 659 -1 -07 Aluminum Pedestal EA 6 $1,108.00 $6,648.00 663 -74-14 Vehicle Detector Pre Empt EA 4 $3,338.00 $13.352.00 66511 Pedestrian Sutton EA 8 $177.00 $1,416.00 670 -5-410 1 Controller Modify AS 1 $2,346.00 $2,346.00 690 -10 IRemove Signal Head EA 2 $54.00 $108.00 690 -100 Remove Miscellaneous Pi 1 $215.00 $215.00 700 -48.12 Sign Panel Mast Arm Mount EA 1 $400.00 $400.00 700.48 -60 Sin Panel Removal EA 2 $108.00 $216.00 $58,142.75 +EsXHIRIT A nan€z 7 ref R Packet Page -487- ENGINEERS ESTIMATE - RATTLESNAKE HAMMOCK ROAD (CR 664) AND COLUER BLVD (CR 951) INTERSECTION PLANS $ 237.25 41402 S 5.278,14 $ 1.69 ITEM NO. OTY UNIT ITEM DESRIPTION S 2.47 S 318.63 CATEGORY 1- SIGNING AND PAVEMENT MARKINGS 700 -20-11 6 AS SINGLE POST SIGN (LESS THAN 12 SF) 706-3 73 EA RETRO REFLECTIVE PAVEMENT MARKERS 0711 1111 3717 NM THERMOPLASTIC. STANDARD, YELLOW, SOLID. 6- 0711 1111 7061 LF THERMOPLASTIC, STANDARD. WHITE, SOLID, 6" 07111112: 1030 LF THERMOPLASTIC, STANDARD, WHITE, SOLID, 12' 0711 1112' 129 LF THERMOPLASTIC, STANDARD. WHITE, SOLID, IT D7111112! 1135 LF THERMOPLASTIC, STANDARD, WHITE, SOUD, 24" 07111113' 0.53 GM THERMOPLASTIC. STANDARD, WHITE, SKIP. 6", 10.30 SKIP OR 3-9 LANE DROP 0711 1115 1544 LF THERMOPLASTIC, STANDARD, WHITE, DOTTED /GUIDEUNEi 6-10 GAP EXTENSION, 6" 0710 1116( 12 EA PAINTED PAVEMENT MARKINGS, STANDARD. WHITE, MESSAGE 0711 1117( 6 EA THERMOPLASTIC. STANDARD, WHITE, ARROW CATEGORY I - SIGNING 6 PAVEMENT MARKINGS TOTAL 'TOTAL 7 EXHIBIT A page 8 of Packet Page -488- 6/25/2013 16.A.10. UNIT PRICE COST EST S 25175 S 1.522.50 S 325 $ 237.25 S 1.42 S 5.278,14 $ 1.69 $ 11;933,09 $ 1.69 $ 1,740.70 S 2.47 S 318.63 S 144 $ 3,904.40 S 1,080.84 S 572.85 S 017 S 1,188.88 S 31.97 $ 383.64 S 60.00 Y 360.00 $ 27,440.08 5 27,440.08