R97-073RESOLUTION NO. R97- ~',.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CiTY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID FOR PHASE II OF THE WEST
WATER TREATMENT PLANT MEMBRANE SOFTENING
EXPANSION (BID No. 031-401-97/CJD), TO
INTERSTATE ENGINEERING CORPORATION,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETWEEN
THE CITY OF BOYNTON BEACH AND INTERSTATE
ENGINEERING CORPORATION, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, bids were received on April 9, 1997, Interstate Engineering
Corporation, was selected as the most complete and responsive bidder
who met and exceeded all specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, hereby approves the award of a bid for Phase II West Water
Treatment Plant Membrane Softening Expansion (Bid #031-401-97/CJD), to
Interstate Engineering Corporation, and authorizeS the Mayor and City
Clerk to execute an Agreement between the City of Boynton Beach and
Interstate Engineering Corporation, a copy of which is attached hereto
as Exhibit "A".
Section 2.
immediately.
That this
Resolution shall become effective
CITY OF BOYNTON
FLORIDA
Mayor
ATTEST:
Cit~Clerk
C~ommis.~k)ner.,"
C~mmissioner
CommiSsioner
~ ,' 93 ?rojec~ ,=
CONTRACT
THIS AGREEMENT, made and entered into this
day of
~ , A.D. 19~F, by and between the CITY OF BOYNTON BEACH,
a municipal corporation of Florida, hereinafter called the "CITY"
and
INTERSTATE ENGINEERING CORPORATION
a~ Corporation
a Florida general partnership
a Florida limited partnership
a sole proprietor
( X ) Check one
( )
(__)
hereinafter called "CONTRACTOR".
WITNESSETH
That under the due procedure of law, bids were heretofore
received by the City Commission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, has determined that the bid
in the total amount of: Two Million, two hundred &-thirty f~ve thousand,
five hundred dollars and 00/100 ($2,235,500.00).
submitsed by the aforementioned CONTRACTOR was the best and mos~
desirable bid submitted, and has authorized the execution .of this
contract.
NOW, THEREFORE, in consideration of these premised and the
mutual conditions and covenants contained herein, the parties agree
as follows:
!.0 AGREEMENT
1.1 The CITY does award the contract to and does hire and
employ the CONTRACTOR and the CONTRACTOR does accepn the award,
predicated upon the bid of the CONTRACTOR, dated April 9, 1997 ~
which is hereby incorporated by reference znto this agreemenn, and
~he CONTRACTOR does agree to furnish the necessary labor, tools,
equipment, materials and supplies, etc., and to perform all the
work provided in the bid, con5ract documenss, bond documents, plans
Page 1
and specifications for the Phase II West Water Treatment Plant
Membrane Softening Expansion, Ciny of Boynton Beach, Florida, all
of which are incorporated herein by reference a[ such unit
prices/or lump sum prices as specified in CONTRACTOR'S bid
totalling $2,235,500.00
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to furnish all mauerials,
supplies, machines, equipment, tools, superintendents, labor,
insurance, and other accessories and services necessary to complete
said project in accordance with the conditions and prices as stated
in the contract conditions, supplemental general conditions and
special conditions of the contract, plans which include all maps,
plats, blueprints, and other drawings and printed or written
explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 Ail the work and labor performed under this contract
shall be performed, and all of the material furnished shall be, in
strict conformity with said plans and specifications, and
contractor accepts and consents to the conditions contained in said
plans and specifications and expressly agrees to comply with every
requmrement and stipulation therein contained to be performed by
the party contracting to do said work.
2.3 THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and to do all the work above
mention in a first-class, substantial and workmanlike manner, and
in conformity with the details for said work on file in the office
of the BOYNTON BEACH UTILITY DEPARTMENT, for CITY and strictly in
accordance with the specifications, general stipulations and plans
which are hereby referred to and made a part of this con~ract, as
well as to the satisfaction of the City Commission and the CITY
MANAGER of the said CITY, and in strict obedience with the
directions which may be given by the said CITY MANAGER or his
authorized representative, at and for the priced herein plainly set
forth.
2.4 Upon receipt of written notification from the CITY ~o
correct any defective or faulty work or materials which may appear
within one (t) year after completion of the contract and receipt of
final payment, Contractor shall make the necessary corrections
within ten (10) days of receipt of the written notice.
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2.5 To comply with the provisions of Section 215.19, Florida
S[a5u[es, if applicable.
2.6 CONTRACTOR agrees to comply with the public construction
bond requirements of Section 255.05, Florida Sta[unes.
2.7 To pay promptly, before final settlement, any and all
dlaims or liens incurred in and about this work. Furnish release
o'f liens forms from all subcontractors and suppliers of materials.
Forms to be specified by CITY.
2.8 The CONTRACTOR shall remove and clean up all rubbish,
debris, excess material, temporary s~rucnures, tools and equipment
from streets, alleys, parkways and adjacen[ property that may have
been used or worked on by the Contractor in connection with the
project promptly as such section or portion is completed and ready
for use, leaving the same in a neat and presentable condition.
Payment of monthly or partial estimates may be withheld until this
has been done to the satisfaction of the DIRECTOR OF UTILITIES.
Final acceptance and payment for the entire pro~ect will not be
made until the site is satisfactory to the CITY.
2.9 The CONTRACTOR shall at all times observe and comply
with the provisions of the charter, ordinances, codes and
regulations of the City of Boynton Beach, Florida.
2.10 Upon completion of the work, the DIRECTOR OF UTILITIES
shall satisfy himself, by examination and test, that the work has
been fully completed in accordance with the plans, specifications
and contract document. When the DIRECTOR OF UTILITIES is so
satisfied, he shall recommend acceptance thereof to the City
Manager, who shall, if he agrees with such recommendation, present
the final payment application to City Commission for review and
vote to formally accept the project.
The right of general supervision of the CITY as hereinafter
provided under "authority of the engineer" shall non make the
CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR
shall an all times, and in all respects have the rights and
liabilities of an independent contracnor.
2.11 After the cleaning up of the work, premises, streets,
alleys, manholes, catch basins, or other areas of ssructures in
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anyway connected with the performance of the contract, the work as
a whole shall be inspected by the UTILITY ENGINEER, and any
workmanship or materials found not meeting the requirements of the
specifications shall be removed by or at the expense of the
contractor and good and satisfactory workmanship or material
substituted therefor. Ail settlement, defects or damage upon any
part of the work shall be remedied and made good by the contractor.
2.12 The CONTRACTOR will be held responsible for the care,
protection and condition of all work until final completion and
acceptance thereof, and will be required to make good at his own
cost any damage or injury occurring from any cause.
3.0 COMMENCEMENT OF WORK
3.1 Contractor hereby agrees to commence work under this
contract on or before a date to be specified in the written "Notice
to Proceed" of the CITY and to fully complete the project within
365 days following the commencement date as specified in same. In
addition, the Contractor shall complete the HVAC work in
130 calendar days following commencement date.
3.2 Time is the essence of the contract. In the event the
CONTRACTOR shall fail in the performance of the work specified and
required to be performed within the time limit set forth in the
contract, after due allowance for any extension or ex5ensions of
time made in accordance with provision hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and
not as a penalty, in the amount stipulated therefore in the
Supplementary Conditions or in other contract documents for each
and every calendar, day that the CONTRACTOR shall be in default of
completion. The CITY shall have the right to deduct said liquidated
damages from any amount due, or that may become due the CONTRACTOR,
or to collect such liquidated damages from the CONTRACTOR or his
Surety.
3.3 CONTRACTOR shall, as soon as practicable, after
signature of contract, notify UTILITY ENGINEER in writing of names
of subcontractors proposed for principal part of work, and for such
others as UTILITY ENGINEER may direct, and shall not employ any
that ENGINEER may, within a reasonable time, object to as
incompetent or as unfit.
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4.0 LIQUIDATED DAMAGES AND CONTRACT TIME
4.1 The CONTRACTOR further agrees To pay liquidated damages
as specified in Paragraph 17.4 of the General Conditions and Part 1
of the Supplementary Conditions, for failure to begin within ten
(10) days of "Notice to Proceed," failure uo complete the HVAC work
in 130 calendar days from the "Notice to Proceed" commencement
date, or failure to complete the remaining work within 365 calendar
days from the commencement date uo be indicated in the wriuten
"Notice to Proceed."
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the
protection and continuous use of all existing sewers, conduits,
drains, pipes, buildings, walks, bridges, and other construction
encountered, and the prompt repairing of any damage done to them
during the progress of the work, or from insufficient support
thereafter; also, all filling, backfilling, tamping, ramming,
puddling and consolidating; the removal and disposal of all rubbish
and surplus material; also all pumping, bailing, draining, or
unwatering of all excavation, incidental to the execution of the
work; also the furnishing of all necessary labor, tools, equipment,
mauerials and supplies, etc. and the performance of the whole work
mentioned in the detailed plans and ~pecifications necessary to
give a finished result, and including all expense incurred in or in
consequence of, the suspension or discontinuance of the said work
specified and a faithful compliance with each and every one of the
requirements of the contract and for the maintenance of the entire
work and construction in good condition and repair until final
acceptance.
5.2 The CONTRACTOR shall assume full responsibility and
expense for the protection of all public and private property,
structures, water mains, sewers, utilities, etc., both above and
below ground, at or near the site or smtes of the work being
performed under the contact, or which are in any manner affected by
the prosecution of the work or the transportation of men and
material in connection therewith. The CONTRACTOR shall give
reasonable written notice in advance to the department of the CITY
havzng charge of any property or utilities owned by the CITY and to
other owner or owners of public or private property or utilities
when they will be affected by the work ~o be performed under the
contract, and shall make all necessary arrangements with such
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department, departments, owner or owners for t~--~ removal
replacement or protection of such property or utilinzes.
and
5.3 The CONTRACTOR shall take all necessary precautions to
prevent the generation of loud, unnecessary noise in conjunction
with his operations at the work site. Internal combustion engines
used on construction equipment shall be equipped with mufflers, as
required by the Code of the City of Boynton Beach, and the
CONTP~ACTOR shall comply with all other requirements of this Code as
they pertain to preven5ion of noise. No pile driver, excava[ion or
other construction equmpmen~, pneuma~z? hammer, derrick, the use of
which is attended by loud or unusua noise, shall be operated
between the hours of 6:00 P.M. and ?~ 0 A.M., except by written
permission of the City Manager, and the~-, only in case of emergency.
6.0 INDElUiNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and
defend the CITY, its agents, Engineer/Architect, servants, and
employees from and against any claim, demand, or cause of action of
whatsoever kind or nature arising out of error, omission or
negligent act of Contractor, its agents, servants, or employees in
the performance of services under this Agreement.
6.2 Contractor shall indemnify and save harmless and defend
City, its agents, servants, and employees from and against any and
all causes, claims, demands, actions, losses, liabilities,
ses[lements, judgements, damages, costs, expenses~ and fees
(including without limitation reasonable attorney's and appellate
attorney's fees) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act,
omission, or default of the City, its agents, servants, or
employees arising .from this contract or its performance. The
contractor and the City hereby agree and covenant that the
Contractor has incorporated in its original bid, which constitutes
the contract sum payable by the City ~o the Contractor, specific
additional consideration provided for in this paragraph. It is the
City's and Contractors's full intention that this provision shall
be enforceable and said provision shall be in compliance with
Florida Statute 725.06.
6.3 The execution of this Agreement by the Contractor shall
obligate Contractor to comply with the foregoing indemnification
provision, as well as the insurance provisions which are set forth
Page 6
in Supplemental Conditions. However, the .indemnification
provision, and the insurance provision contained in this Contract
are not interdependent of each other, each one is separate and
distinct from the other.
6.4 The obligation of the Contractor to indemnify the City
is not subject no any offset, limitation or defense as a result of
any insurance proceeds available to either the City or the
Contractor.
7.0 PAYMENT BY CITY
7.1 The CITY agrees to pay the CONTRACTOR in curren5 funds
for the performance of the contract, subject to additions and
deductions as provided in the specifications.
8.0 CHANGES IN THE WORK
8.1 The CITY, without invalidating the Contract, may order
extra work or make changes by altering, adding to or deducting from
the work, the Contract sum being adjusted accordingly. Ail such
work shall be executed under the conditions of the original
Contract. Any claim for extension of time caused thereby shall be
made, in writing, at the time such change is ordered.
8.2 Ail change orders and adjustments shall be in writing
and approved by the City Manager or City Commission if required,
otherwise, no claim for extras will be allowed.
8.3 The General Contractor and .all of his subcontractors
shall be apprised of, and familiar with, the following conditions
and procedures governing extra work under the Contract:
8.3.1
Any change order has to be recoit~ended by the
City Manager and officially approved by the
City Commission before any steps are taken to
implement the change order.
8.3.2
Should the Contractor or any of his
subcontracnors commence with his work without
making a claim in writing for unforeseen extra
work he encounners, it will be construed as an
acceptance and agreement by him that any such
work is required under the con5ract and no
Page 7
future claim for such ex{ras
considered or allowed by the CITY.
will be
8.3.3
No claim for extra work will be allowed unless
and until authority for same by written Change
Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if
necessary, which authorization will be signed
by the Mayor.
8.3.4
Changes in the work directed in writing by the
CITY'S Representative under the following
procedures shall become a part of the Con[ract
by a written change order.
8.3.5
Information regarding changes in the' work
involving claims to the CITY for additional
work, credits, and/or adjustment under the
Contract shall be promptly transmitted in
writing by the General Contractor to the
CITY'S Representative with full explanations
and justifications for his consideration in
preparing a Change Order to the Contract.
8.4 The value of any change ordered under the Contract for
extra work and/or any reductions in work required, shall be
determined under one or more of the following procedures before a
written Change Order is issued:
8.4.1
By such applicable unit prices, if any, as are
set forth in the Contract except in those
cases where increases in quantities exceed
fifteen (15) percent of the original bid
quantity and the total dollar change of that
bid item is significant in the opinion of the
Engineer the unit price shall be subject to
review to determine if a new unit price should
be negotiated; or
8.4.2
If no such unit Prices are set forth, then by
a lump sum or other unit prices mutually
agreed upon by the CITY and the Contractor;
or,
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8.4.3
8.4.3.1
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
By cost reimbursement which is the actual cost
for labor, direct overhead, materials,
supplies, equlpment, and other servmces
necessary to complete the work plus fifteen
(15) percent to cover the cost of general
overhead and profit. For all labor and
foreman in direct charge of the authorized
operations, the Contractor shall receive the
current local rate of wages to be agreed upon
in writing before starting such work, for each
hour said labor and foreman are actually
engaged thereon. An upper limit of total cost
and of profit shall be agreed upon and shall
non be exceeded unless approved by the CITY.
The Contractor shall submit sufficienn cost
and pricing data no enable the Engineer to
determine the necessity and reasonableness of
costs and amounts proposed and the
allowability and eligibility of costs
proposed.
The Contractor shall have an accounting system
which accounts for such costs in accordance
with generally accepted accounting principles.
This system shall provide for the
identification, accumulation and segregation
of- allowable and unallowable Change Order
costs.
Where it is indicated that the Contract is
Federally or State assisted, the Contractor's
attention is directed to the applicable rules
and regulations relative Eo cost principles
which muse be used for the determination and
allowability of costs under grant.
In no case shall fringe benefit costs on
direct labor costs exceed forty (40) percen5
of direct labor costs.
In no case shall the Contractor and
Subcontractors' general overhead and profit in
the aggregate exceed fifteen (15) percent of
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the total cost of direcn labor, fringe
benefits, direct overhead, materials,
suppTies, equipmenn and directly relaued
services supplied by him. Among the items
considered as general overhead are bonds,
insurance, incidental job burdens, supervision
and general office expense.
8.4.3.6
In no case shall the Contractor's cost for
administering subcontracts exceed five (5)
percent of the subcontractors' cost not
including subcontracuors' profit.
8.4.3.7
For special equipment and machinery such as
power driven pumps, concrete mixers, Erucks,
and tractors, or other equipment, required for
the economical performance of the authorized
work, the Contractor shall receive payment
based on the agreed rental price for each item
of equipment and the actual time of its use on
the work provided that the rental price shall
not exceed the current rates published by the
Equipment Guide Book Company in the Blue Book,
"Rental Rates for Construction Equipment"
Rate shall be daily, weekly or monthly as
appropriate.
8.4.3.8
Records of extra work done shall be reviewed
at the end of each day by the Contractor and
the Engineer. Suc[. daily records shall
clearly distinguish between the work done
under the contract and that done under the
Change Order. Duplicate copies of accepted
daily records shall be made, signed by the
Contractor and the Engineer and one copy
retained by each.
8.5 Claim of payment for extra work shall be submitted by
the Contractor upon certified statement supported by receipted
bills. Such statements shall be submitted for the current Contract
payment for the month in which the work was done. No claim for
exura work shall be allowed unless the same was ordered, in
writing, as aforesaid and the claim presented au the time of the
first es[image after the work is completed.
Page 10
9.0 PROJECT ENGINEER
9.1 The project engineer shall be CH2M HILL, Inc. and m~s
designated representative.
9.2 The Engineer shall have general supervision and
direction of the work. The Engineer is the agent of CITY only to
the extent provided in the contract documents and when in special
instances he has the authority by CITY to act, and in such
instances he shall, upon request, show CONTRACTOR wri~nen
authority. He has authority no stop the work whenever such
stoppage may be necessary to insure the proper execution of the
contract.
9.3 As the Engineer is, in the first instance, the
interpreter of the conditions of the contract and the judge'of its
performance, he shall side neither with CITY nor with CONTRACTOR,
but shall use his power under the connract to enforce its faithful
performance by both.
10.0 INSURANCE
-10.1 The Contractor shall maintain during the term of this
contract commercial liability, motor vehicle, and property damage
insurance, acceptable to the CITY, covering the work contracted and
all operations in connection herewith, and whenever any of the work
covered in the contract is to be sublet, CONTRACTOR'S contingent or
protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance
requirement schedule specified in the Supplementary.Conditions.
10.2 Required insurance shall be documented in a certificate
of insurance which provides that the CITY of Boynton Beach shall be
notified at least thirty (30) days in advance .of cancellation,
nonrenewal or adverse change. Contractor agrees to furnish
policies if Certificate of Insurance is not acceptable.
11.0 GUARANTEE AND WA2qRANTIES
11.t Ail the work shall be guaranteed to remain in good
condition for one year from date of acceptance.
Page 11
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is
assigned by the CONTRACTOR other than provided for herein; if the
CONTRACTOR should be adjudged as bankrupt; if a general assignmenm
of his assets be made for the benefit of hms creditors; if a
receiver should be appointed for the CONTRACTOR or any of his
property; if at any time the Engineer shall certify in writing to
the City Manager that the performance of the work under the
contract is being unnecessarily delayed or that the CONTRACTOR is
willfully violating any of the conditions, provisions, or covenants
of the conmract, plans or specifications, or that he is executing
the same in bad faith or otherwise not in accordance with the terms
of the contract; if the work be not fully completed within the tzme
named for its completion or within the time to which such
completion date may be extended; or if other just causes exist,
then the City Manager may serve ten (10) days' written notice upon
the CONTRACTOR of the intent to terminate the contract for the CITY
and if the contractor shall non, prior to the effective date of
termination set forth in such notice, take such measures as will,
in the judgement of the City Manager, insure the satisfactory
performance of the work, The City Commission and the City Manager
may declare the contract terminated on the effective date specified
in such notice, or any date subsequent~thereto. In the event of
such termination, the City Manager shall notify the CONTRACTOR and
Surety and the CONTRACTOR shall iz~ediately respect such notice and
stop work and cease to have any right to the possession of the
ground and shall forfeit his contract. Upon such termination, the
City Manager shall provide the Surety with written notice of the
CITY'S action and the Surety shall within ten (10) days of receipt
of said notice remedy the default or the surety shall as
expeditiously as possible:
12.1.1
Complete the contrac5 in accordance with its terms
and'conditions, or
12.1.2
Obtain a bid or bids for completing the Contract mn
accordance with ins terms and conditions, and upon
determination by Surety and the CITY of the lowest
responsible bidder, make available as work
progresses (even though there should be a default
or a succession of defaults under the contract or
contracts or completion arranged under this
paragraph) sufficient funds to pay the cost of
Page 12
completzon less nhe balance of the contract price;
but not exceeding, including other costs and
damages for which the Surety may be liable
hereunder, the amount set forth zn the first
paragraph hereof. The term "balance of the
contract price," as used in this paragraph, shall
mean the total amount payable by CITY to CONTRACTOR
under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR
shall supersede any and all documents executed between the paruies
relative to the project. In the event of any inconsistenczes the
terms, provisions and Conditions set forth in the subject contract
shall supersede all other documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1 In as much as the provisions hereof, and of the plans
and specifications herein, and of all the other conuract documents
relating to the times of performance and completion of the work are
for the purpose of. enabling.the CITY to complete the construction
of a public improvement in accordance with a predetermined program,
all such time limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by any
act or omission of the City, its agent or employees, by the act or
omission of any other party, or delay caused by weather conditions
or unavailability of materials, the sole remedy available to
Contractor shall be by extension of the time allocated to complete
the project. No monetary damages shall be claimed or awarded to
contractor in association with any delay in the project caused by
an act or omission of the CITY, its agents or employees, by the act
or omission of any other party, or delay caused by weather
conditions or unavailability of materials,
15.2 Failure on the part of Contractor to process a written
reques[ for an extension of time ~o complete the work within
10 business days of the act, occurrence or omission which is the
reason for the request, shall constiuute a waiver by Contractor and
Page 13
Connrac~or shall be held responsible for completing the work within
the time allocated by this project.
15.3 Ail requests for extension of time to complete the work
shall be made in accordance with the General and Supplementary
Conditions.
15.4 For the purpose of this section, the phrase "the City,
its agents and employees" shall include but shall not be limited to
the architect~ project manager, and consulting engineers.
IThe remainder of this page left blank innentionally)
Page 14
In WITNESS WHEREOF, the CITY has caused these presents to be
signed by its Mayor and City Manager, attested by the City Clerk
with the Corporate Seal of the said CITY and the CONTRACTOR has
executed these presents the day and year herein before written.
Signed, sealed and 'witnessed
in the presence of:
Attest:
CITY OF BOYNTON BEACH, FLORIDA
Ma~ '
Approved as to ~rm:
City Attorney
Signed, sealed and witnessed
in the presence of:
~.P.
State of ~ )
~ ) s s:
County of ~ )
CONTRACTOR
President or Vice Pratt
ttest as ~o contractord~ ?ir~t~2
oaths Pers~_.~ral~y., o[~appeared---~_bef°re me duly authorized to administer
to me known to be the persons described herein and who executed the
foregoing instrument and have acknowledged before me and they have
executed same. ~~ ~ ~~
Notary Public '
My Commission Expires:.
Contract.doc
Rev. 1/19/93
Page 15