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2013/11/26 Riverside, County TLMA Planning Services AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF MENIFEE The County of Riverside, California (hereinafter "COUNTY"), and the City of Menifee, California (hereinafter "CITY"), hereby agree as follows: RECITALS A. CITY desires that the COUNTY departments within the Transportation & Land Management Agency (hereinafter "TLMA") provide certain professional services for CITY. B. Services by any other County departments or agencies are not the subject of this Agreement. C. COUNTY and CITY desire to define the scope of the professional services to be provided and the terms and conditions pursuant to which COUNTY will provide the professional services. NOW THEREFORE, the parties hereto mutually agree as follows: SECTION 1 - RECITALS INCORPORATED The foregoing recitals are incorporated herein and made a part of this Agreement by this reference. SECTION 2 - ADMINISTRATION The TLMA Director, or his designee, shall administer this Agreement on behalf of COUNTY (hereinafter "COUNTY'S contract administrator"). The CITY manager, or his designee, shall administer this Agreement on behalf of CITY (hereinafter "CITY'S contract administrator"). SECTION 3 - SCOPE OF SERVICES 1 Harr 2 6 20n 3- g3 Upon CITY'S request and COUNTY'S acceptance as set forth herein, COUNTY shall provide the professional services described in Attachment A to this Agreement, (hereinafter "professional services"). COUNTY, or consultants under contract to COUNTY, if any, shall comply with CITY codes and applicable state statutes in providing the professional services. COUNTY shall work directly with CITY and its staff in providing the professional services and shall consult with CITY staff as necessary. COUNTY shall not be required to, and shall not, respond to any person or entity other than CITY concerning the professional services it provides. CITY shall be responsible for responding to all such persons or entities as set forth herein. SECTION 4 - REQUESTS FOR SERVICES CITY may use any desired means or process to decide whether to request professional services. CITY may request professional services for a single project or a group or class of projects. CITY shall make all requests for professional services in writing and CITY'S contract administrator shall send such requests to COUNTY'S contract administrator. Before requesting professional services, CITY'S contract administrator may ask COUNTY'S contract administrator for a written estimate of the cost of the services. SECTION 5 - APPROVAL OF REQUESTS Upon receipt of CITY's written request for services, COUNTY'S contract administrator shall notify CITY'S contract administrator and the appropriate TLMA department in writing that the request has been received. If the appropriate TLMA department has an established procedure for providing the professional services requested (hereinafter "service delivery procedure"), the aforementioned written notification to CITY shall include a copy of the service delivery procedure. Services shall be provided in accordance with the service delivery procedure provided unless the parties mutually agree to a different procedure. COUNTY shall not provide professional services if the request for such services is not made and approved in the 2 manner described above. SECTION 6 — DANGEROUS CONDITION EXCEPTION Notwithstanding the provisions of Section 4. and 5. of this Agreement, COUNTY is hereby authorized to immediately remedy any dangerous condition it encounters in the course of providing professional services, and CITY hereby agrees to pay the costs incurred by COUNTY for such remediation. For purposes of this Agreement, a dangerous condition shall be any condition that may result in imminent personal injury or property damage. COUNTY contract administrator shall promptly notify CITY contract administrator of any dangerous condition remedied pursuant to this exception. SECTION 7 - PERTINENT INFORMATION Once a request for professional services has been made and accepted in the manner described above, CITY'S contract administrator shall promptly transmit to COUNTY'S contract administrator all pertinent information concerning the project or group or class of projects. Such information shall include, but not be limited to, CITY'S case file(s) including any applicable development application and applicant submitted documents related to the development application; CITY'S approvals; CITY'S applicable codes; CITY'S General Plan; any applicable specific plans or any other land use approvals; and any reports including but not limited to those reports relating to biology, cultural resources, paleontology, geology or landscape architecture. SECTION 8 - PERSONNEL In providing the professional services described in this Agreement, COUNTY and its staff shall be considered independent contractors and shall not be considered CITY employees for any purpose. COUNTY staff shall at all times be under COUNTY'S exclusive direction and control. COUNTY shall pay all wages, salaries and other amounts due such personnel in connection 3 with their provision of the professional services and as required by law. COUNTY staff shall be located at COUNTY facilities. SECTION 9 - VEHICLES If CITY chooses to provide vehicles for COUNTY'S use in providing professional services, the vehicles shall meet COUNTY'S specifications, shall be adequately equipped and ready for service and shall be registered in the name of CITY. CITY-owned vehicles shall only be used for CITY-approved functions. If CITY chooses to provide vehicles for COUNTY'S use, CITY shall be responsible for the full cost of operating such vehicles, including, but not limited to, insurance, fuel, maintenance, and licensing costs. SECTION 10 - COST OF SERVICES Unless the parties have mutually agreed to a set fee for professional services, CITY shall pay COUNTY for all such services, including staff-to-staff consultations, at the hourly rates set forth in Attachment B to this Agreement. CITY shall pay COUNTY for each hour of services it provides, or each fraction of an hour billed at 1/10th increments, including any required travel time. Notwithstanding the above, CITY shall pay COUNTY the full costs of producing any aerial photographs, aerial maps or satellite images for CITY. COUNTY may increase these rates subject to a 60 day written notice to CITY. SECTION 11 - RECORDS and BILLING COUNTY'S contract administrator shall submit to CITY'S contract administrator a monthly invoice which shall include an itemized accounting of all services performed and the cost thereof. SECTION 12 - PAYMENTS CITY shall pay each monthly invoice within thirty (30) days of the date CITY'S contract 4 administrator receives the invoice from COUNTY'S contract administrator. CITY may dispute any monthly invoice by submitting a written description of the dispute to COUNTY'S contract administrator within ten (10) days of the date CITY'S contract administrator receives the invoice from COUNTY'S contract administrator. CITY may defer the payment of any portion of the invoice in dispute until such time as the dispute is resolved; however, all portions of the invoice not in dispute must be paid within the thirty (30)-day period set forth herein. SECTION 13 - DUTY TO INFORM AND RESPOND CITY'S contract administrator shall promptly transmit to COUNTY'S contract administrator all inquiries, complaints, and correspondence that CITY receives concerning professional services provided by COUNTY. COUNTY'S contract administrator shall promptly transmit to CITY'S contract administrator all inquiries, complaints, and correspondence that COUNTY receives in the course of providing professional services. CITY shall be responsible for responding to all such inquiries, complaints and correspondence. SECTION 14 - NOTICES Any notices required or permitted to be sent to either party shall be deemed given when personally delivered to the individuals identified below or when addressed as follows and deposited in the U.S. Mail, postage prepaid: County of Riverside City of Menifee Transportation & Land Management Agency 29714 Haun Rd. P.O. Box 1090 Menifee CA 92586 Riverside, CA 92502-1090 Attention: Carmen Cave Attention: Mark Hughes, Principal Community Development Director Engineering Technician 5 SECTION 15 - OWNERSHIP OF DATA Ownership and title to all reports, documents, plans, specifications, and estimates produced or compiled pursuant to this Agreement shall automatically be vested in CITY and become the property of CITY. CITY reserves the right to authorize others to use or reproduce such materials and COUNTY shall not circulate such materials, in whole or in part, or release such materials to any person or entity other than CITY without the authorization of CITY'S contract administrator. SECTION 16 - CONFIDENTIALITY COUNTY shall observe all Federal and State regulations concerning the confidentiality of records. SECTION 17 - INDEMNIFICATION Indemnification by COUNTY Excepted as provided below in the paragraph entitled "Special Circumstances", COUNTY shall indemnify, defend and hold harmless CITY, its officials, officers, employees and agents from all claims and liability for loss, damage, or injury to property or persons, including wrongful death, based on COUNTY'S negligent acts, omissions or willful misconduct arising out of or in connection with the performance of professional services under this Agreement including, without limitation, the payment of attorney's fees. Indemnification by CITY. CITY shall indemnify, defend and hold harmless COUNTY, its officials, officers, employees and agents from all claims and liability for loss, damage, or injury to property or persons, including wrongful death, based on CITY'S negligent acts, omissions or willful misconduct arising out of or in connection with the performance of professional services under this Agreement including, without limitation, the payment of attorney's fees. Special Circumstances. CITY shall indemnify, defend, and hold harmless COUNTY, its officials, officers, employees and agents, from all claims and liability resulting from any of the following: 6 • The invalidity of CITY'S codes; • California Environmental Quality Act, Brown Act or any other statutory violation; and the design of City facilities, including, but not limited to, streets and sidewalks. • How CITY decides to address, or prioritize actions addressing, alleged violations of CITY'S codes. • How CITY decides to maintain, or prioritize the maintenance of, CITY facilities, including, but not limited to, streets and sidewalks. • How CITY decides to deploy, or prioritize the deployment of, school crossing guards. • The design of CITY facilities, including, but not limited to, streets and sidewalks constructed after July 1, 2009. CITY'S failure to provide pertinent information and inform as provided in Sections 7. and 13. of this Agreement. SECTION 18 - INSURANCE The parties agree to maintain the types of insurance and liability limits that are expected for entities of their size and diversity. The types of insurance maintained and the limits of liability for each insurance type shall not limit the indemnification provided by each party to the other. If CITY chooses to provide vehicles for COUNTY'S use, CITY shall maintain liability insurance for the CITY-owned vehicles and insurance for any physical damage to the CITY-owned vehicles in an amount equal to the replacement value of all vehicles provided. The vehicle policies shall, by endorsement, name COUNTY, its agencies and departments and their respective officials, officers, employees and agents as additional insureds. SECTION 19 - IMMUNITIES Nothing in this Agreement is intended to nor shall it impair the statutory limitations and/or immunities applicable or available to the parties under State laws and regulations. 7 SECTION 20 - MODIFICATIONS This Agreement may be amended or modified only by mutual agreement of the parties. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. SECTION 21 - WAIVER Any waiver by a party of any breach of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of either party to require exact, full and complete compliance with any terms of this Agreement shall not be construed as changing in any manner the terms hereof, or estopping that party from enforcing the terms hereof. SECTION 22 - SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. SECTION 23 - TERM Upon approval by the Riverside County Board of Supervisors, this Agreement shall be effective as of July 1, 2013 and shall remain in effect until June 30, 2014 with the ability to extend this Agreement for two (2) years, in one (1) year increments, unless terminated earlier. Any request to extend this Agreement shall be submitted in writing by CITY to COUNTY. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. The Agreement includes the following exhibit(s): Attachment A- Services, consisting of three (3) pages; Attachment B — Hourly Rates for Professional Services consisting of one (1) 8 page. SECTION 24 - ENTIRE AGREEMENT This Agreement is intended by the parties as a final expression of their understanding with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements and understandings, written or oral. 9 APPROVALS COUNTY Approvals CITY Approvals APPROVED AS TO FORM: APPROVED AS TO FORM: a�.� XV, Dated: io rs43 Dated��D/3 rincipal Deputy County Counsel y ie ayward ity Attorney, City of Menifee A PR V Y BOARD OF SUPERVISORS: APP CITY COUNCIL: ated: Nny 9.f 90� 7 13 � Y k�— Dated: lo - -( Joh enoit � Chairman, Riverside County Board Scott A. Mann, Mayor of Supervisors ATTEST: KECIA HARPFR-IHFnA ATTEST: CLERK OF THE BOARD: CITY CLERK: r By By: Kathy Bennett, Dated: j� /'�ZL3 D put (SEAL) 10 ATTACHMENT A - SERVICES 1. Upon request and acceptance as set forth in this Agreement, the Transportation & Land Management Agency shall provide the following services: review public and private development projects to ensure that such projects are consistent with the requirements of State statutes and CITY codes; review public and private development projects to determine the level of analysis needed for cultural, paleontological, landscape architect review, geologic resources and transportation department services; review reports related to these resources; prepare environmental analyses and documents for public and private development projects; prepare conditions of approval and/or any necessary resolution for public and private development projects; provide any other services customarily provided by a City planning department. 2. Upon request and acceptance as set forth in this Agreement, the Environmental Programs Division shall provide the following services: review public and private development projects to ensure that such projects are consistent with Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP); prepare conditions of approval for public and private development projects; process Habitat Acquisition and Negotiation Strategy (HANS) applications and conduct Single-Family Expedited Review Processes as required by the MSHCP; review biological reports and MSHCP consistency analyses; perform habitat assessments and biological surveys. 3. The Transportation Department will provide all services customarily provided by a City transportation department, including, but not limited to, the following: Roadway Maintenance Services: Sweep streets 4. Landscape Maintenance Districts 11 Administer the Landscaping and Lighting Maintenance District 89-1-Consolidated (L&LMD 89-1-C) on behalf of the City. Services include preparing Annual Engineer's reports, preparing assessment rolls, and levying special assessments on parcels on behalf of the City per City's resolution to do so. City shall be responsible for setting up `Teeter' account status with the ACO, if they choose to do so. Provide L&LMD 89-1-C Annexation services on behalf of the City at their request for services currently maintained within the L&LMD 89-1-C. Administer landscape maintenance contracts, procure goods and services, provide improvements to landscape if funding is available and deemed necessary, service fossil filters in catch basins, and provide annual NPDES reports as it relates to L&LMD 89-1-C services. Pay water and electric bills for utilities within L&LMD 89-1-C zones. Budget and collect special assessment monies and hold in 'Trust Funds' outside County funds for when City requests turnover of all L&LMD 89-1-C services to the City. Service is only for Zones and Locations within L&LMD 89-1-C, and accepted for maintenance in L&LMD 89-1-C. L&LMD 89-1-C is paid for by monies collected from special assessments and is not billed to the City. 5. Traffic Signal Maintenance Services: Scheduled maintenance (monthly, quarterly, semi-annually, and annually) Inspect controller and cabinet Observe signals Realign signals Observe and replace vehicle signal indicators Observe and repair signal outages Inspect/repair/replace vehicle loop detectors 12 Observe/adjust vehicle signal timing Inspect/repair/replace electromechanical components Clean/polish replace lenses and reflectors as necessary Unscheduled Maintenance Respond to malfunction/damage reports Repair or replace parts/components as necessary Respond and mark underground service alert requests Emergency call-out services-(for damage, severe weather events, earthquakes, etc.) Replace foundation, mast arm, or pole Replace pavement loop detector Repair/replace underground conduit/cable Replace signal cabinet and/or foundation Repair/replace controller 6. Engineering Services: Prepare the environmental documents and supporting studies. Prepare plans, specifications, and estimates for capital projects. Inspect and provide contract management services for capital projects — bid, award, and administer contracts for project construction. Provide resident engineer services on Caltrans projects. Process authorizations on federally funded projects. Process authorizations and billing on projects funded by regional funding programs, such as TUMF, Measure "A", and other State, Regional, or local programs. 13 ATTACHMENT B HOURLY RATES FOR PROFESSIONAL SERVICES REGULAR OVERTIME DEPARTMENT POSITION HOURS HOURS Archaeological Planning Department Services $138 N/A Principal Planner (Including Geologic and Palentological Planning Department Services) $140 N/A Ecological Resources Environmental Programs Division Specialist II $110 N/A N/A Environmental Programs Division Clerical $54 Landscape Transportation Department Architect $140 N/A Transportation Department/ Bridge Crew Highway Operations Rates Worker $60.88 N/A Transportation Department/ Highway Operations Rates Crew Lead Worker $65.56 N/A Transportation Department/ District Road Highway Operations Rates Maintenance Supv $87.89 N/A Equipment $60.57 N/A 14 Transportation Department/ Operator I Highway Operations Rates Transportation Department/ Equipment Highway Operations Rates Operator 11 $67.30 N/A Transportation Department/ Highway Maint Highway Operations Rates Superintendent $93.59 N/A Transportation Department/ Highway Ops Highway Operations Rates Superintendent $149.72 N/A Transportation Department/ Highway Operations Rates Laborer $ 46.27 N/A Transportation Department/ Lead Bridge Crew Highway Operations Rates Worker $69.54 N/A Transportation Department/ Lead Traffic Highway Operations Rates Control Painter $69.88 N/A Transportation Department/ Lead Tree Highway Operations Rates Trimmer $66.28 N/A Transportation Department/ Maintenance & Highway Operations Rates Construct Worker $54.75 N/A 15 Transportation Department/ Highway Operations Rates Principal Eng Tech $111.77 N/A Transportation Department/ Highway Operations Rates Secretary II $62.61 N/A Transportation Department/ Highway Operations Rates Sign Maker $ 64.87 N/A Transportation Department/ Sr Equipment Highway Operations Rates Operator $72.70 N/A Transportation Department/ Sr Traffic Signal Highway Operations Rates Technician $ 96.13 N/A Transportation Department/ Technical Eng Unit Highway Operations Rates Supervisor $120.38 N/A Transportation Department/ Traffic Control Highway Operations Rates Painter $64.88 N/A Transportation Department/ Traffic Signal Highway Operations Rates Supervisor $106.17 N/A Transportation Department/ Highway Operations Rates Traffic Signal Tech $89.21 N/A Transportation Department/ Transportation $63.91 N/A 16 Highway Operations Rates Warehouse Worker II Transportation Department/ Highway Operations Rates Tree Trimmer $59.89 N/A Transportation Department/ Truck & Trailer Highway Operations Rates Driver $65.56 N/A Transportation Admin Services N/A Department/Engineering Rates Analyst 1 $58.43 Transportation Admin Services N/A Department/Engineering Rates Analyst II $77.79 Transportation Associate Civil N/A Department/Engineering Rates Engineer $112.50 Transportation N/A Department/Engineering Rates Asst Civil Engineer $101.20 Transportation N/A Department/Engineering Rates Engineering Aide $43.59 Transportation Engineering N/A Department/Engineering Rates Division Manager $167.69 Engineering $146.09 N/A 17 Transportation Project Mgr Department/Engineering Rates Transportation Engineering N/A Department/Engineering Rates Technician 1 $70.25 Transportation Engineering N/A Department/Engineering Rates Technician II $78.10 Transportation N/A Department/Engineering Rates GIS Senior Analyst $74.93 Transportation N/A Department/Engineering Rates Junior Engineer $77.18 Transportation N/A Department/Engineering Rates Office Assistant 11 $44.11 Transportation Department/Engineering Rates Office Assistant 111 $47.71 N/A Transportation Principal Const N/A Department/Engineering Rates Inspector $110.37 Transportation Principal N/A Department/Engineering Rates Engineering Tech $111.77 18 Senior Transportation Transportation N/A Department/Engineering Rates Planner $129.22 Transportation Senior Civil Department/Engineering Rates Engineer $135.60 N/A Transportation Senior N/A Department/Engineering Rates Engineering Tech $90.50 Senior Transportation Engineering Tech- N/A Department/Engineering Rates PLS/PE $81.34 Transportation Technical Eng Unit N/A Department/Engineering Rates Supervisor $120.38 Transportation Department/Survey Transportation N/A Rates Proj Mgr-EC $166.87 Transportation Department/Survey Admin Services N/A Rates Analyst (1) $78.74 Transportation Department/Survey N/A Rates County Surveyor $152.66 Transportation Department/Survey N/A Rates Engineering Tech 1 $53.05 19 Transportation Department/Survey Engineering Tech N/A Rates 11 $79.05 N/A Transportation Department/Survey Rates Office Assistant III $38.01 Transportation Department/Survey N/A Rates Principal Eng Tech $113.14 Transportation Department/Survey Principal Eng Tech N/A Rates - PLS/PE $119.38 Transportation Department/Survey N/A Rates Secretary 1 $57.02 Transportation Department/Survey N/A Rates Sr Eng Tech $91.62 Transportation Department/Survey Sr Eng Tech - N/A Rates PLS/PE $96.61 Transportation Department/Survey N/A Rates Sr Land Surveyor $132.85 Transportation Department/Survey N/A Rates Sr Surveyor $125.88 20 Transportation Department/Equipment Rental Supervising Land N/A Rates Surveyor $140.99 Transportation Department/Equipment Rental N/A Rates Sedans - Leased $13.07 Transportation Department/Equipment Rental N/A Rates Pickups - Leased $18.32 Transportation Department/Equipment Rental N/A Rates Survey Mini PU $27.20 Transportation Department/Equipment Rental N/A Rates Pickups-3/4T $19.81 Transportation Department/Equipment Rental N/A Rates Light Trucks $25.68 Transportation Department/Equipment Rental N/A Rates Medium Dumps $34.61 Transportation Department/Equipment Rental Med Dmps N/A Rates w/Attach $126.92 Transportation Department/Equipment Rental 21 Rates Graders $40.36 N/A Transportation Department/Equipment Rental N/A Rates Heavy Truck $47.94 Transportation Department/Equipment Rental REGULAR OVERTIME Rates POSITION HOURS HOURS Transportation Department/Equipment Rental N/A Rates Medium Crawler $57.89 Transportation Department/Equipment N/A Rental Rates Heavy Crawler $105.47 Transportation Department/Equipment Rental N/A Rates Wheel Tractor $44.12 Transportation Department/Equipment Rental Extra Heavy N/A Rates Crawler $75.41 Transportation Department/Equipment Rental N/A Rates Medium Loader $91.96 Transportation Department/Equipment Rental N/A Rates Heavy Loader $57.28 Transportation N/A Department/Equipment Rental Tractor W/Mower $116.95 22 Rates Transportation Department/Equipment Rental N/A Rates Chip Spreader $128.17 Transportation Department/Equipment Rental N/A Rates Street Sweeper $103.85 Transportation Department/Equipment Rental Self Loading N/A Rates Scraper $126.39 Transportation Department/Equipment Rental N/A Rates Heavy Mixer $167.33 Transportation Department/Equipment Rental Rates Elevating Scraper $137.00 N/A Transportation Department/Equipment Rental Extra Heavy N/A Rates Loader $50.74 Transportation Department/Equipment Rental Rates Heavy Dumps $50.75 N/A Transportation Department/Equipment Rental N/A Rates Screen Plant $146.40 23 Transportation Department/Equipment Rental N/A Rates Gradall Excavator $62.83 Transportation Department/Equipment Rental N/A Rates Truck Transport $60.34 Transportation Department/Equipment Rental Roller (Self N/A Rates propelled) $25.21 Transportation Department/Equipment Rental Aerial Platform N/A Rates Truck $34.38 Transportation Department/Equipment Rental N/A Rates Brush Chipper $19.53 Transportation Department/Equipment Rental N/A Rates Asphalt Reclaimer $205.93 Transportation Department/Equipment Rental Signal Aerial Lift N/A Rates Truck $69.59 Transportation Department/Equipment Rental N/A Rates Striping Unit $146.48 Transportation Department/Equipment Rental N/A Rates Curb Builder $53.93 24 Transportation Department/Equipment Rental N/A Rates Concrete Saw $40.10 Transportation Department/Equipment Rental N/A Rates Deflectometer $275.75 Transportation Department/Equipment Rental N/A Rates Drill Rig $20.99 Transportation Department/Equipment Rental N/A Rates Paving Machine $177.82 Transportation Department/Equipment Rental N/A Rates Patch Truck $39.59 Transportation Department/Equipment Rental N/A Rates Stump Cutter $24.05 Transportation Department/Equipment Rental N/A Rates Stencil Trucks $26.48 Transportation Department/Equipment Rental N/A Rates Survey Truck $29.93 Transportation Department/Equipment Rental N/A Rates Thermal Applicator $41.97 25 Transportation Department/Equipment Rental N/A Rates Vac Truck $68.35 Transportation Department/Equipment Rental N/A Rates Water Truck $40.95 Transportation Department/Equipment Rental N/A Rates Pup Trailer $19.88 Transportation Department/Equipment Rental N/A Rates Roller (Pulled) $11.20 Transportation Department/Equipment Rental N/A Rates Rotary Sweepers $79.56 Transportation Department/Equipment Rental Patch Spraying N/A Rates Rig $3.83 Transportation Department/Equipment Rental N/A Rates Small Compressor No charge Transportation Department/Equipment Rental N/A Rates Cement Mixer $97.52 Transportation Department/Equipment Rental N/A Rates Tiltbed Trailer $24.09 26 Transportation Department/Equipment Rental Rates Lowbed Trailer $11.95 N/A 27