R01-204RESOLUTION NO. R 01- o~oq
A RESOLUTION O1~ THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID (NO. 066-2511-01/CJD) ro
ADVANCED ROOFING, INC., IN THE AMOUNT OF
$48,825; AUTHORIZING THE MAYOR AND CI~'Y
CLERK TO EXECUTE SAID CONTRACT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Procurement Services received and opened Bids for the above
mentioned project on May 23, 2001, and it was determined that Advadced Roofing, Inc.,
was the most responsive bidder who met and exceeded all specificationg;
NOW, THEREFORE, BE IT RESOLVED BY T~I~. CITy COMMISSION
OF THE CI~I/OF BOY'NTON BEACH~ FLORIDA~ THAT.
Section 1 The City Commission of the City of Boynton Beach, Florida,
hereby appro~es~e a~vard of a bid to Re-Seal the Roof o£the Police Station located at
100 E. Boyuton Beach Blvd, BoYuton Beach, FL. in the mount of $48,825, to
Advanced Roofing, 1nc., and aUtho~zirrg the Mayor and City Cl~rk to execute a Contract
between the parties, a copy of which is attached hereto as Exh/bit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS I ~l day of June, 2001.
ATTEST:
*. 2'..2T0°
CITY O~BOYNJTQN B;EACI~FLORIDA
Co~issi~er
CONTRACT
THIS AGREEMENT, made and entered into this t al day of d,,n , A.D. 20~
by and between the CITY OF BOYNTON BEACH, a mumcipal corporation of Florida, hereinafter
called the "City" and ADVANCED ROOFING, INC.
a Florida Corporation (_X~
a Florida General Partnership (
a Florida Limited Parmership ( )
a Sole Proprietor ( )
Check One
hereinafter ca}led "CONTRACTOR".
WITNESSETH
That under the due procedure of law, bids were h~retofore 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, had determined that the bid in the total amount of Fourty
eight thousand, eight hundred and twenty five dollars and 00/100 submitted by the
aforementioned CONTRACTOR was the best and most desirable bid submitted, a~ad has authorized
the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.0
The CITY does award the comract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated upon
the bid of the CONTRACTOR, dated May 22, 2001, which is he;eby incorporated
by reference into this agreement, and the CONTRACTOR doe~s agree to finnish
the necessary labor, tools, equipment, materials and supplies, et~., and to perform
all the work provided in the bid, contract documents, bond documents, plans and
specifications for:
Bid Title:
Bid Number:
RE-SEAL ROOF OF POLICE STATION
#066-2511-01/CJD
City of Boynton Beach, Florida, all of which are incorporated herein by reference
au such unit prices/or lump sum prices as specified in CONTRACTOR'S bid
totaling $48,825.00.
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2.0
SCOPE OF SERVICES
2.0
2.1
2.2
2.3
2.4
2.5
2.6
CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment, tools, superintendents, labor, insurance, and other accessories and
services necessary to Complete said project in accordance with [he conditions and
prices as stated in the cohtract 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 tt~emof as contained
in the bid, contract documents and specifications for the i)roject.
All the work and labor performed under this contract shall beperformed, 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 reqn/rement and stipulation therein cOntained to be p~ffe~ned by the party
contracting tO do said work.
The CONTRACTOR further agrees to furnish all tools, equipment, materials and
supplies and to do all the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the derail for sa
the office of the City Engineer of the City and strictly in ac
specifications, general stipulations and plans which are heret
made a part o~fthis contract, as well as to the satisfaction of the
and City Engineer of the said City, and in strict obedience
which may be given by the City Manager or his authorized re
for the prices herein.plainly set forth.
id work on file in
:ordance with the
y referred to and
City Commission
5th the directions
resentative, at and
Upon receipt of written notification from the CITY, to correct any defective or
faulty work or materials which may appear within one (1) 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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To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
To pay promptly, before final settlement, any and all claims or liens incurred in
and about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials. Forms to be supplied by CITY.
The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent 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 ne~t and presentable
condition.
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3.0
Payment of monthly or partial estimates may be withheld until this has been done
to the satisfaction of the City Engineer. Final acceptance and payment for the
entire project will not be made until the site is satisfactory to the CITY.
2.7
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.
2.8
Upon completion of the work, the City Engmeer shall satisfy himselfi by
examination and test, that the work has been fully completed ~ accordance with
the plans, specifications and contract documents. When the C~ty Engineer is so
satisfied, he Shall reCommend acceptance thereof to the City M~aJtager, who shall,
if he agrees with such recommendation, present the final payment application to
City Commission f0r review and vote to formally accept t~e p~!eet. The right of
general supervision of the CITY as' hereinafter provided under ;'authority of the
engineer' shall not make the CONTRACTOR an agent or employee of the CITY,
but the CONTRACTOR, shall at all times, and in all respects l~a've the fights an~
liabilities of an independent contractor.
2.9
After the cleaning up of the work, premises, streets, alleys7 manholes, catch
basins, or other areas of structure in anyway connected with the performance of
the contract, the work as a whole shall be inspected by the City Engineer, and any
workmanship or material 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. All ~ettlement, defects
or damage u_pon any part of the work shall be remedied and made good by the
CONTRACTOR.
2.10 The CONTRACTOR will be held responsible for the care, protection and
condition of all work until fmal completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause.
COMMENCEMENT OF WORK
3.0
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 60 days following the commencement date as
specified in same.
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4.0
5.0
3.1
Time is the essence of the contract. In the event the CONTRACTOR shall fail ~n
the performance of the work specified and required to be performed within the
time limit set forth in the contract, after dae allowance for any extension or
extensions of time made in accordance with herein befote set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty, in the mount stipulated therefore in the special conditions or in other
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.
3.2
CONTRACTOR shall, as soon as practicable, after signature of contract, notify
City Engineer in writing of names of subcontractors proposed for principal pans
of work, and for such others as City Engineer may direct, and shall not employ an
that architect may, within a reasonable time, object to as incompetent or as unfit.
LIQUIDATED DAMAGES
4.0
The CONTRACTOR further agrees to pay $250.00 ,per day as liquidated
damages, for failure to begin within ten (16) ~ 'Noti~ to Proceed" or
failure to complete the work within 60 calendar days from the commencement
date to be indicated in the written "Notice to Proceed".
PROTECTION OF EXISTING FACILITIES
5.0
The CONTRACTOR warrants that pnces include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard
rails 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 the filling, backfilling, tamping, lamming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also
all pumping bailing draining or unwatering of all excavationS, incidental to the
execution of the work; also the fumishJng of ail necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the whole x~ork mentioned in
the detailed plans and specifications necessary to give a fmlished 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.
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6.0
5.1
INDEMNIFICATION
6.0
6.1
6.2
The CONTRACTOR shall assume full responsibility and expense for the
protection of all public and private property, structures, wa[er ~malns, sewers,
utilities, etc., both above and below ground, at or near the site dr sites of the work
being performed under the contract, or which are in any manner affected by the
prosecution of the work or the transportation of men and mate~als in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the department of the CITY having 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 shall be affected by the work to be perforn~ed under the contract, and
shall make all necess.ary arrangements with such department, departments, owner
or owners for the removal and replacement or protection ot such property or
utilities.
The CONTRACTOR shall indemnify and save harmless and d fend the CITY, its
agents, servants, and employees from and against any claim, mand, or cause of
action of whatsoever kind or nature arising out of error, omissmn or negligent act
of CONTRACTOR, its agents, servants, or employees in file performance of
services under this Agreement.
CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, __ ~d~,ages, copts, expenses, and
fees (including without limitation reasonable attorney s and appellate attorney's
fees) of whatsoever kind or nature for damages to persons or ~roperty caused in
whole or in part by any act, omission, or default of the CITY, ils 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 this original bid, which constitutes the contra~t sum payable by
the CITY to the CONTRACTOR, specific additional consideration sufficient to
support this Obligation of indemnification provided for in this paragraph. It is the
CITY'S and CONTRACTOR'S full intention that this p~ovision shall be
enforceable and said provision shall be in compliance with Floriila Statute 725.06.
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 in Attachment "A" herem.
However, the indemnification provision, and the insurance provision c~'ntained in
this Contract are nor interdependent of each other, each one is separate and
distinct from the other.
6.3
The obligation of the CONTRACTOR to indemnify the CITYis not subject to
any offset, limitation or defense as a result of any insurance ProCeeds available to
either the CITY or the CONTRACTOR.
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7.0
8.0
PAYMENT BY CITY
7.0
The CITY agrees to pay the CONTRACTOR in current funds for the ~erfonnance
of the contract, subject to additions and deductions as pmwded in the
specifications.
CHANGES IN THE WORK
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. All such work shall be executed und, er the conditions
of ~ o~iginai Contract. ~my claim for extension of time caused thereby shall be
made in writing at the time such change is ordered.
8.1
8.2
All change orders and adjustments shall be in writing and app
Manager or City Commission if required, otherwise, no claim
allowed.
The General Contractor and all of his subcontractors shall be
familiar with, the following conditions and procedures gov¢
under the Contract:
8.2.1
Any change order has .to be recommended by the (
officially approved by the City Commission before any
implement the change order.
8.2.2
· oved by the City
for extras will be
apprised off and
ming extra work
ity Manager and
steps are taken to
Should the CONTRACTOR or any of his subcontracto~ s commence with
the work without making a claim in writing for unforeseen extra work he
~counters, it will be construed as an acceptance and ~greement by him
at any such work is reauired under the contract and no future claim for
extras will be considered or allowed by the CITY.
8.2.3 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.
8.2.4 Changes in the work directed in writing by the CITY'S~ Representative
under the following procedures shall become a part of {he Contract by a
written Change Order.
8.2.5
Information regarding changes in the work involving claims to the CITY
for additional work, credits, and/or adjustments 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.
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8.3
The value of any change ordered under the Contract for extra work and/or any
reductions ~n work required, shall be determined under one or more of the
following procedures before a written Change Order is issued:
8.3.1
8.3.2
8.3.3
By such applicable unit prices, if any, as are set forth in the Contract
except in those cases where increases in quantities xceed fifteen (15)
percent of the original bid quantity and the total dollar change of that bid
item is significant in the opimon of the Engineer, the anit price shall be
subject to review to demrmine ifa new u,mt price should be negotiated; or
[f no such unit prices are set forth, then by a lump
prices mutually agreed upon by the CITY and the CON~
sum or other unit
'RACTOR; or
By cost reimbursement, which is the actual cost for labor, direct
overhead, materials, supplies, equipment and other set ~mes necessary to
complete the work plus. fifteen (15) percent m cover .the cost of general
overhead and profit: For all labor and foreman in direct charge of the
authorized operations, the CONTRACTOR shall receiv~ the current local
rate of wages to be agreed upon in writing before startSng such work, for
each hour.said labor and foreman are actually engaged ~hereon. An upper
limit of total-cost ahd of profit shall be agreed upon and shall not be
exceeded unless approved by the CITY.
8.3.3.1
The CONTRACTOR shall submit sufficient cost and pricing data
to enable the Engineer to determine the necessity and
reasonableness of costs and amounts proposed and the allowability
and eligibility of costs proposed.
8.3.3.2
he CONTRACTOR shall have an accounting system which
accounts for such costs in accordance with ~enerally accepted
accounting principles. This system shall provide for the
identification, acc~maulation and segregation of allowable and
unallowable Change Order costs.
8.3.3.3 Where it is indicated that ~,e, Contract is l~ederally or State
assisted, the CONTRACTOR S attention is directed to the
applicable rules and regulations relative to cos~ principles which
must be used ifor the determination and allowability of costs under
grant.
8.3.3.4 In no case shall fringe benefit costs on direct tabor costs exceed
forty (40) percent of direct labor costs.
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9.0
8.3.3.5
8.3.3.6
In no case shall the CONTRACTOR .and Subc(
overhead and profit in the aggregate exceed fifie
the total cost of direct labor, fringe benefits.
materials, supplies, equipment and directly'
supplied by him. Among the items considered a~
are bonds, insurance, incidental job burdens
general office expenses.
In no case shall the CONTRACTOR'S cost
subcontracts exceed five (5) percent of the subcc
including subcontractors' profit.
~ntractors' general
~n (15) percent of
direct overhead,
related serv/ces
general overhead
supervision and
for administering
tractors' cost not
8.3.3.7 For special equipment and machinery such as power driven
pumps, concrete mixers, trucks, and tractors, or other equipmem,
required for the economical performance of the authorized work,
the CONTRACTOR shall receive payment ba~ed 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 sh~dt 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
8.3.3.8 Records of extra work done shall be reviewed at the end of each
day by the CONTRACTOR and the Engineer. Such dally records
shall clearly distinguish between the work done under the contract
and that done under the Change Order. Duplicate copies of the
accepted dally records sha~l be made, signed by the
CONTRACTOR and the Engineer and one copy retained by each.
8.4
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 extra work shall be allowed unless that same was ordered, ~n
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
PROJECT ENGINEER
9.1
The project engineer shall be RICItARD FIEGE, FACILITIES
MANAGEMENT SUPERVISOR
9.2
The Engineer shall have general supervision and direction Cf the work. The
Engineer is the agent of the CITY only to the extent provided in the contract
documents and when in special instances he has the authority b~ CITY to act, and
in such instances he shall, upon request, show CONTRACTOR written authority.
He has authority to stop the work whenever such stoppage ma5' be necessary to
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9.3~
insure the proper execution of the contract.
As the Engmeer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither ,~ith CITY nor
with CONTRACTOR, but shall use his power under the contract 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 ail operations connected herewith, and
whenever any of the work in the contract is to be sublet, CONTRACTOR'S
contingent or protective liability and property damage insurance. Such insurance
shall provide limits hot less than those set forth on the ~insurance requirement
schedule attached as Attachment "A".
10.2 Required insurance shall be documented in a certificate of insurance which
provides that the CITY of Boynton Beach shait be notified at least fifteen (15)
days in advance of cancellation, nonrenewal or adverse changu. ~ontractor agrees
to furnish policies if Certificate of Insurance is not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at the
work site. In[emi combustion:engines used with construction
equipped with mufflers, as reqUi~ed by the Code of the City
and the CONTRACTOR shall comply with ail requirements o~
pertain to prevention of noisel No pile driver, excavating or
equipment, pneumatic hammer, derrick, the use of which is
unusual noise, shall be operated between the hours of 6:00 P.1
except by written permission'of the City Manager, and the
emergency.
~quipment shail be
,f Boynton Beach,
~this Code as they
other construction
attend by loud or
~. and 7:00 A.M..
only in case of
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remmn in good condition for one year from
date of acceptance.
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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 shoul~t be adjudged as
bankrupt; if a general assignment of his assets be made for the benefit of his
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 tmn~cessarily delayed
or that the CONTRACTOR is willfully violating a~y of the c~nditions,
p ovm~ons, or covenants of the contract, plans or specffiCatl?ns, or that he ~s
executing the same in bad faith or.othen~ise not in accerdanc,el with the terms of
the contract; if the work be not fially completed within the time named For its
completion or w/thin the time [o which such completion date m~y b,e extended; or
if other just c~uses exist, the City M~ager may s~rve ten (10) da~s written notice
th~ CONTRACTOR of the intent~to tetn~nate the conff~c~ ~'or the CITY and
upon
if the CONTRACTOR shall not, prior to the effective ~ set fo~'th
in such notice, take such measures as will, in the
Cit,
in such notice
the City Manager shall
CONTRACTOR shall
to have any right to the
Upon such termination
notice of the CITY'S action
said notice remedy
and the
~e¢ified
such termination,
the
12.1.1 Complete the contract in accordance with its terms and
12.1.2 Obtain a bid or bids for completing the contract in a~cordance with its
terms and conditions, and upon determinati°n by Suret3~ 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 unde~ this paragraph)
sufficient funds to pay the .cost of completion less the balance of the
contract price; but not excee~g, including other costs and damages for
which the Surety may liabl,e, h~reunder, the~amount se~ ,forth in the first
paragraph hereof. The term 'balance of the c~ntract pri,c~', as used in this
paragraph, shall mean ~e total amount payable by CITY to
CONTRACTOR under the cpntract andany amendments thereto, less the
amount properly paid by CITY to CONTRACTOR.
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13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR shall supersede
any and all documents executed between the parties relative t.o the project. In the
event of any inconsistencies, the terms, provisions and conditiqns set forth in the
subject contract shall Supersede all other documents and shall bO controlling.
14.0 TIME OF ESSENCE
14.1
of all the other contract documents relating to the times ol
completion of the work are for the purpose of enabling the CI~I
construction of a public improvement in accordance with
program, all suck time limits are of the essence of the contract.
Inasmuch as the prowsions hereof, and of the plans and specifications herein, and
performance and
Y to complete the
a predetermined
15.0 REMEDY FORDELAY
15.1
In the event of any delay in the project caused by any act (
CITY, its agents or employees, by the act or omission of any ol
caused by weather conditions or unavailability of materials.
available to CONTRACTOR shall be by extension of the
complete the project. No monetary damages shall be cla'ma
CONTRACTOR in association with any delay in the project
omission of the CITY, its agents or employees.
15.2
Failure on the part of CONTRACTOR to timely process,
extension of time to complete the work shall constitt
CONTRACTOR and CONTRACTOR shall be held responsi!
the work within the time allocated by this contract.
r omassion of the
her party, or delay
the sole remedy
time allocated to
,~d or awarded to
tused by an act or
a request for an
tea waiver by
le 'for completing
15.3 All requests for extension of time to complete the work shall be made in
accordance with the General and Special 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.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence off
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Contractor
President or the Vice President
Attest as to Contractor
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State of Florida
County of Palm Beach
)
) SS:
)
On this day of ,2001, personally appeared before me duly authorized to
administer oaths to me known to be the
persons described herein and who executed the foregoing insmuuent and have ackn6wledged
before me and they have executed same.
Notary Public
My Commission Expires:
11/15/96 nc
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