2005-047 Yacht Club Drive Bulkhead Repair - Murphy Construction, Inc.~~
RESOLUTION 47-2005
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ACCEPTING THE BID OF MURPHY CONSTRUCTION COMPANY
IN AMOUNT OF $221,213.00 FOR REPLACEMENT OF 81.5 LINEAR FEET, MORE
OR LESS, OF FAILED BULKHEAD ON YACHT CLUB DRIVE, WHICH BID IS
ATTACHED TO THIS RESOLUTION AND MADE A PART HEREOF; FUNDS TO BE
EXPENDED FROM ACCOUNT N0. A5540-49950 AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER INTO THE CONTRACT WITH
MURPHY CONSTRUCTION COMPANY THAT WAS INCLUDED AS A PART OF THE
VILLAGE BID PACKAGE FOR YACHT CLUB DRIVE BULKHEAD RESTORATION;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
accept the bid of Murphy Construction Company in amount of $221,213.00 for replacement of
81.5 linear feet, more or less, of failed bulkhead on Yacht Club Drive, which bid is attached to
this Resolution and made a part hereof. Funds are to be expended from Account No.
A5540-49950.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to enter into the
contract with Murphy Construction Company that was included as a part of the Village Bid
Package as amended for Yacht Club Drive Bulkhead Restoration.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 26th DAY OF MAY, 200
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• VILLAGE CLERK
• pillage of North Pal Beach, Florida
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vendors t'resent:
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BID PROPOSAL FORM MUST BE SUBMITI'bD
i:N TRIPL)<CATE
•
PROJECT: Village of North Palm. Beach
Yacht Glub Drive Bulkhead Restoration
PROJECT NO.: 43045.09
DATE: May 10, 2005
(Bid Sabttritted on)
00300
BID PROPOSAL FORM
(Lump Sunrt)
BIDDER: TIC MURPHY t~ONSTRUCI'ION CO.
THIS BID IS SUBMI'I'1'ED T0:
Village of North Palm Beach, Village Manager's Office
501 U.S. Highway 1
North Palm Beach, Florida 33408-4906
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to eater into an Agreement
v.~ith OWNER in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to $idders, including without limitation those: (a) dealing with the disposition of $id
security and (b) to the extent that any of the Bidding Documents are subject to the public records
exemption Set forth in Section 119.07(3)(ee), Plorid.a Statutes. the $IDDER agrees to maintain the non
disciosare status of said documentation and information in accordance with the terms and provisions of
said statute and by requesting or receiving such documentation or information is bound by this
requirement. This Bid will remain subject to acceptance for 90 days after the day of Bid opening.
BIDDfiR will sign and submit the Agt~ement with the Bonds and other documents required by the
Bidding Requirements within 15 days after the date of OWNER's Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has exarni.ned copies of a]1 the Bidding Documents and of the following Addenda (receipt
of all which is hereby acknowledged):
Date Number
4-28-05 1
5-06-OS 2
(bl BIDDER ha_s familiarized itself with the nature and extent of the Contract Documents. Wnrk sire.
locality, and all local conditions and Laws and Regulations that in any manner may affect cost,
• progress, performance or furnishing of the Work.
BI.D FORM `
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(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions which are identified in the Division 1: General Requirements as provided in
--- ----paragraph 4 2 of the- General Conditions, and- accepts -the -determination --set- forth in
• • pivision 1: General Conditions of the extent of the technical data contained in such reports and
drawings upon ~tirhich BIDDER is entitled to rely.
(d) BIDDER has obtained and carefully studied (or assumes responsibiliry for obtaining and carefully
studying) all such examinations. investigations, explorations, tests and studies (in addition to or to
supplement those referred to in (c} above) which pertain to the subsurface or physical conditions at
the Otte or otherwise may affect the cost, progress, perfotYnance or furnishing of the Wotk as
BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price.
within the Contract Tirt7e and in accordance with the other tet~ns and conditions of the Contract
Documents, including splecifically the provisions of paragraph 4.2 of the General Conditions; and no
additional examinations. investigations. explorations, tests. reports or similar information or data are
or will be required by BIAnER for such purposes.
(e) BIDDER has reviewed and checked all information Arid data shown or indicated on the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No additional examinations,
investigations. explorations, tests, reports or similar information or data in respect of said
Lnderground Facilities are or will be required by BIDDER in order to perform and furnish the Work
at llie Contract Price. within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents. including specifically the provisions of paragraph 4.3 of the
General Conditions.
(f) BIDDER has correlated the results of all such observations. examinations, investigations.
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
(g) BIDDER has given ENGhiIEER written notice of all. conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by ENGINEER is
acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation: BIDDER has not directly or indirectly induced or solicited
any other Bidder to submit a false or sham. $id: BIDDER has not solicited or induced any person,
firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for
itself any advantage over any other Bidder or over OWNER.
4. BIDDER will complete the Work for the following price(s): BIDDER agrees to perform all the-Work
described in Contract Documents, subject to adjustments as provided therein or as negotiated, for either
the prices BIDDER provides on the proposed Lump Sum Schedule or as thereafter negotiated.
5. Tl~e BIDDER further declares it understands the OWNER may elect to construct only a portion of
the Work covered by these Documents and BLDDER agrees to perform that portion of the Work for
which T3IDDER is awarded a Contract at the prices as negotiated.
G. Each BIDDER agrees to u~aive any claim it has or may have against the Owner. Engineer and their
respective employees snd/or consultants, that. may arise out of or in connection with the administration.
evaluation or recommendation of nny bid or proposal for this Project.
• 7. BIDDER agrees that the Work will be substantially complete within GO calendar da}'s after the
date when the Contract Time commences to tun as provided in paragraph 2.3 of the General Conditions.
B ID FORM
00300-2
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and completed and ready for final payment within 75 calendar days after the date when the Contract
Time cornmenccs to run.
• , BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work on time.
8. T'hc following documents arc attached to, incorporated herein, and made a condition of this Rid:
(a) Required Bid Security in the form of bid bond
(b) Bidder's Qualification Form (Page(s) BQF 1-10)
(c) Schedule of Values (Page(s) BFL-1).
(d) Schedule of Subcontractors (Page(s) SUB-1).
(e) Trench Safety Affidavit
9. Communications concerning this Bid shall be telephoned or addressed to: John E. Murphy, President &
The phone number and address of BIDDER indicated below. C>~
1615 Clare Avenue, West Palm Beach, FZ, 33401 561/655-3634
!0. The terms used in this Bid which are defined in the General Conditions of the Construction Contract
included as part of the Contract Documents have the meanings assigned to them in the C3eneral
Conditions.
11. BIDDER'S Florida Contractor's License No. CGC 000624
1Z. BIDDER covenants that it is qualified to do business in the State of Florida and has attached
evidence of BII7DBR's qualification to do business in the State of Florida, or if not attached, BIDDER
covenants to obtain such evidence within five days of request by OWNPR to provide evidence.
13. BIDDER covenants that it is qualified to do business in Palm Beach County, Florida and has
attached evidence of BIDDER'S authori~.ation to do business in Palm Beach County, Florida, together
with appropriate State of Plorida licenses and/or appropriate Palm Beach County Certificates of
Competency as required to complete the Work.
14. If BIDDER is:
An Individual
By
(tndividuAl's Nnme)
(SE,4I.)
($IgI1AtUfe)
doing business as
Business address:
Phone No.'
• A Partnership
BiD FORM
003t?0-3
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By
(general PacUer)
Business address:
Phone No.:
A Cor~orat~n
gY THE MURPHY CONSTRUCTION CO.
(CorporAtion Namc)
Florida
(Stan 4f InCOnPOfA00n)
By John E. t.>rphy ,
,(Name of Person Authorized to Sign)
esi 'C.E.O.
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{Signature)
(Corporate Sea~4~'
Attest Victor Martinelli
1615 Clare Averiu~arure)
Business address:
West Palm beach, FL 33401
Phone No.:
(SEAL)
(Firm Namc)
(Signacurc)
F-'NV~ r7b/ r1 r
(SEAL)
561/655-3634
Village of North Palm Beach
Yacht Clnb Drive Bulkhead Restoration
CwMn~tnlw of Vetvoa
•
Estimated "f'otel
Item Unit Estitnated
No. De~cri lion aanti Unit Unit Price Unit Price
I Mobilization 1 LS $4 4, 4 0 0. 0 8 4 4, 4 0 0. 0
2 Demolition/Removal 1 LS X 7, 4 0 0. 0 $ 7, 4 0 0. 0
B I D FORM
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3 Maintenance of Traffic I LS ~ 4, 800.00 g 4, 800.00
__ 4 Pollution Prevention P)an 1 LS $ q 8 S
S Select Embankment Backfill 1 LS $ 4, 300.00 $ 4, 300.00
6 Concrete 'S5 CY g 450.00 3 24, 750.00
7 Reinforcement •4470 LB ~ S 5.50 g 24, 585.00
$ 14" Prestressed Piles 752 LF $ 1 5.00 $ 11 , 280.00
9 Aluminum Handrail 82 l,F $ 53.00 $ 4,346.00
10 Manatee Grate 2 . EA g 3, 300.00 5 6, 600.00
11 Re ding, Sod Florham , Itri ation Re ai 1 LS g 5, 300.00 g 5, 300.00
12 Concrete Sidewalk, 4" thick 53 SY ~g 94.00 $ 2, 332.00
13 Sli line 36" RCP 27Q LF $ 220.00 $ 59 400.00
14 36'' RCP xtended to New Bulkhead 24 LF S 305.00 g 7, 320.00
I S Sutve La ut/Record Drawin I LS $ 4 , 800.00 5 4 , 800.00
16 Testin 1 LS $ 4, 800.00 $ 4, 800.00 ,
Subtotal $221 , 213.00
Lum Sum Grand Total toms I-l6 5221 213. 0
' Revised Pcr Addendum #2
P>ry Item Notes
Mobilization: Includes the mobilization of the Contractor to assemble machinery and materials
onsite for construction. Also includes the cost of insurance, bonds, permits, and other
related items to perform the work.
Maintenance Includes all items of maintenance of traffic not included for payment under separate
of Traffic: items, including temporary pavement markings, barricades, message boards and
incidental items, also includes temporary connections to existing drives and streets
required to maintain existing Valfic patterns.
Includes the cost of removal of regulatory signing indicated on the signing and
marking sheets.
Demolition: Includes the cost of removal and disposal of unsuitable material that may be
encountered during excavations as directed by the Engineer. Also includes the
removal of concrete sidewalk and all other removal items cwt otherwise identified as
a
separate bid item. '
Select Embankment: Includes the depositing of suitable rnatPrial for finish grades throughout the project
where existing materials have been removed.
Testing: Includes any and all required testing for earthwork and concrete constntction
operations.
8ID FORM
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• oosoo
AGREEMENT
TI-RS AGREEMENT is dated and will be effective on the day of in the year 20_,
by and between Village of North Palm Beach (hereinafter called OWNER) and
(hereinafter called CONTRACTOR). OWNER and
CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Yacht Club Drive Bulkhead Restoration
ARTICLE 2. ENGINEER.
SFRN, Inc., 1201 Belvedere Road, West Palm Beach, Florida 33405, Contract: Keith B. Jackson, P.E.,
Phone: (561) 655-1 1 S 1, Fax: (56l) 832-9390, is hereinafter called ENGINEER and is to act as OWNER's
representative, assume. all duties and responsibilities and have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
ARTICLE 3. CONTRACT TIME.
3.1. The Work will be substantially completed within 60 days from the date when the Contract
Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and
ready for final payment in accordance with paragraph 14. ] 3 of the General Conditions vt~ithin 75 days
from the date when the Contract Time commences to run.
' 32. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article
12 of the General Conditions. They also recognize the delays, expense and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for
Substantial Completion until the Work is substantially complete. After Substantial Completion if
CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time
or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred
Dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
AGREEMENT
00500-1
ARTICLE 4. CONTRACT PR]CE.
Owner shall pay Contractor for completion of the work in accordance with the Contract Documents, subject
to adjustments as provided therein, in current funds as follows:
4.1. A Lump Sum of
(use words) (figures)
All specific cash allowances are included in the above price and have been computed in accordance with
paragraph 1 1.8 of the General Conditions.
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article ] 4 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR'S Applications for Payment, as recommended by ENGINEER,
due from the Contractor on or about the 1st day of each month during construction as provided
below. Progress payments will be made on or about the tenth (I 0°i) business day following the fourth
Wednesday of each month. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the
case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of
values, as provided in Division 1: General Requirements.
5. ] .1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made and
less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions, less liquidated damages, if any.
90 % of Work completed.
90 % of materials and equipment not incorporated in the Work (but delivered, suitably stored
and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of
the General Conditions).
5. ] .2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 98 % of the Contract Price, less such amounu as ENGINEER shall determine,
or OWNER may withho]d, in accordance with paragraph 14.7 of the General Conditions, less
liquidated damages, if any.
5.2. FINAL PAYMENT. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, and settlement of all claims, including liquidated damages, if
any, OWNER shall pa_y the remainder of the Contract Price as recommended by ENGINEER as
provided in said paragraph ] 4. ] 3.
ARTICLE 6. (This Article left blank intentionally)
AGREEMENT
00500-2
~TICLE 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representatrons:
7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and,
drawings of physical conditions which are identified in the Division 1: General Requirements as provided in'
paragraph 4.2 of the General Conditions, and accepts the determination set forth in Division ] : General
Requirements of the extent of the technical data contained in such reports and drawings upon which..
CONTRACTOR is entitled to rely.
7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition
to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface of physical
conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of
the Fork as CONTRACTOR considers necessary for the performance or famishing of the Work ai the
Contract Price; within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no
additional examinations, investigations; explorations, tests, reports, studies or similar information or data are
or will be required by CONTRACTOR for such purposes.
7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract
Documents ~~ith respect to existing Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground Facilities. No additional examinations,
investigations. explorations, tests, reports, studies or similar information or data in respect of said
Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work
at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions.
7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he
has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
ARTICLE 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement consisting of S pages.
8.2. Exhibits to this Agreement identified as: Contractor's Corporate Resolution (00502); Contractor's
• Certificate of Jnsurance; inclusive.
8.3. Performance Bond and Payment Bond consisting of 4 pages (plus Power of Attorney Forms as
applicable).
8.4. Notice of Award.
AGREEMENT
00500-3
y.
• 8.5. General Conditions consisting of 33 pages.
8.6. Supplementary Conditions consisting of 12 pages.
8.7. Specifications consisting of 134 pages, including Appendix A and B.
8.8. Drawings not attached hereto but are listed in Section 00860 List of Drawings.
8.9. Addenda numbers to ,inclusive.
8.10. CONTRACTOR'S Proposal consisting of pages.
8.1 1. The following which may be delivered or issued afrer the Effective Date of the Agreement and are not
attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the
Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions.
8.12. The documents listed under Article 8 above are attached to this Agreement (except as expressly noted
otherwise above).
8.13. Notice of Compliance with Chapter 556, Florida Statutes consisting of 1 page.
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may
only be amended; modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions.
AR?ICLE 9. Iv11SCELLANEOUS.
9.1 . Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
9.2. Except as set forth in the following subparagraph to this Section 9.2, no assignment by a party hereto of
any rights under or interests in the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
The aforementioned prohibition against assignment shall not be applicable to the assignment by the Owner to
other governmental entities or agencies of any or all of the Contractor's warranties and guarantees as set forth
in Article 13 of the Standard General Conditions of the Construction Contract, as amended by the applicable
Supplementary Conditions, which are incorporated as Contract Documents in this Agreement.
9.3. OWNER and CONTRACTOR each binds itself, .its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect
of all covenants, agreements and obligations contained in the Contract Documents.
9.4. A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public
entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public
building or public work, may not be av`~arded or perform Work as a Contractor, Supplier, Subcontractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period
• of 36 months from the date of being placed on the convicted vendor list.
9.5. The Contractor does hereby agree to the non-disclosure provisions of Section 119.07(3)(ee),
Florida Statutes, for any building plans, blueprints, schematic drawings, and diagrams, including drafr,
preliminary, and final formats, which depict the internal layout and structural elements of a building, arena,
AGREEMENT
00500-4
~, a~' v
• stadium, water treatment facility, or other structure being constructed pursuant to this Agreement for the
Owner.
ARTICLE l0. INDEMNIFICATION.
]0.1. The parties agree [hat 1% of the total compensation paid to the Contractor for performance of this
Agreement shall represent the specific consideration for the Contractor's indemnification of the Owner and
Engineer as is set forth in Paragraphs 6.30 and 6.31 of the General Conditions.
~,
10.2. ]t is the specific intent of the parties hereto that the foregoing indemnification complies with Florida
Statute 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the
Contract Documents on this Project are hereby amended to .include the foregoing indemnification and the
"Specific Consideration" therefore.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRAC"fOR and ENGINEER.
Village of North
OWNER Palm Beach- CONTRACTOR
By
Attest
By
As Mayor (SEAL) (CORPORATE SEAL)
Address for giving notices
501 U.S. Highway 1
Attest:
Address for giving notices
North Palm Beach, FL 33408
License No.
Agent for service of process:
•
(If CONTRACTOR is a corporation, attach
evidence of authority to sign.)
END OF SECTION
AGREEMENT
00500-5