HomeMy WebLinkAboutRES.958.07-18-1994 � '
C�.�;.'•
BILL NO. 94-177 RESOLUTION NO. ;v :
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC.
FOR THE 1994 STREET OVERLAY PROGRAM
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with ASA Asphalt, Inc. for the 1994 Street Overlay
Program. A copy of said Agreement is attached to this Resolution
and made a part hereof.
PASSED AND ADOPTED THIS /,�.F.Gt DAY OF .'� , 19 '�'� .
�
A. . Spr dling, III, ayor
ATTEST:
r ,
4����'.t���/!/�rX_'11li�
Gayle L. Conrad
Deputy City Clerk
CITY OF CAPE GIRARDEAU
1994 STREET OVERLAY PROGRAM
CITY OF CAPE GIRARDEAU, MISSOURI
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the ' '' day of ;>:' � :�: � ` in the year
19 94 by and between the City of Cape Girardeau, Missouri (hereinafter called
OWNER) and ASA Asphalt Inc. (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:
The work to be pertormed under these Contract Documents shall consist
of repairs and overlay with 1�/2 inches of asphaltic concrete, of Brink Avenue
from east of the Spring Avenue intersection west 492 feet to its termination,
Spring Avenue from the Brink intersection, 180 feet north to the
Montgomery Street intersection, Montgomery Street from the cul-de-sac
east of Spring Avenue, 866 feet west through the Spring Avenue
intersection and the cul-de-sac west of Spring Avenue, Louisana from
Broadway, 944 feet south to Luce Street, and Spanish Street from
Independence 464 feet north to Themis Street.
Article 2. ENGINEER.
The City Engineer or his designee 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 TIMES.
3.1 The work will be substantially completed within Seventy (70) calendar days after
the date when the Contract Times commence to run as provided in paragraph 2.3 of the
General Conditions, and competed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within Eighty (80) days after the date when
the Contract Times commence to run.
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Y
3.2 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 the actual loss suffered by OWNER
if the Work is not competed 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 One Hundred Dollars 100.00 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 time specified in
paragraph 3.1 for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER _ Fifty Dollars � 50.00
for each day that expires after the time specified in paragraph 3.1 for completion and
readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price
for each separately identified item of Unit Price Work times the estimated quantity of that
item as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES Fortv Thousand One Hundred Fifty Six Dollars and
59/100-------------------------------------------------------------------------------- $ 40.156.59
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments;Retainage. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, on or about the 10th day of each month during
construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be
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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 the General Requirements.
5.1.1 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.
90% of Work completed (with the balance being retainage). If Work has
been 50% completed as determined by ENGINEER, and if the character
and progress of the Work have been satisfactory to OWNER and
ENGINEER, OWNER, on recommendation of ENGINEER, may determine
that as long as the character and progress of the Work remain satisfactory
to them, there will be no additional retainage on account of Work
completed, in which case, the remaining progress payments prior to
Substantial Completion will be an amount equal to 100% of the Work
completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
by documentations satisfactory to OWNER as provided in paragraph 14.2
of the General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments
to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less
such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance
with paragraph 14.7 of the General Conditions.
5.2 Fina/ Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
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7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to
the general, local and site conditions that may affect cost, progress, pertormance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions
in or relating to existing surtace or subsurface structures at or contiguous to the site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR
accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions
of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data shown or indicated in the Contract
Documents with respect to Underground Facilities at or contiguous to the site.
CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all such additional supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the performance and furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
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7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and furnishing of the
Work.
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 (pages 1 to 7 inclusive).
8.2 Exhibits to this Agreement (pages _ to _, inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting
of pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive).
8.6 Supplementary Conditions (pages SC-1 to SC- 4 , inclusive).
8.7 Specifications bearing the title 1994 Street Overlav Proaram
8.8 Drawings.
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR's Bid (pages to , inclusive) marked exhibit _.
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to
_, inclusive).
8.12 The following which may be delivered or issued after 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
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agresment
(except as expressly noted otherwise above).
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There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
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 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.
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 to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regufation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
muitiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. Ail portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on j:����.-�� :>� �` � , 19"�`%(which is the Effective Date
of the Agreement). �
OWNER G',ITY �F CONTRACTOR ��� 'f' f' �,.�i,uit�, .��i<< �
A G/Rs� O .Q f ; ' -
;�c� � ���.�c / � ��"�o
By;i>''�.:�,��-'�-'`n �' B — __.
Y•
[CORPO ATE SEAL] [CORPORATE ALj
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Attest.1�^�;x'' i� (��,:.,;�,.y� Attest
,
Address for giving notices Address for giving notices
� 4�b l �NDEPE�DENC'_E ;�.�� . l������ �
G��3P�' G/�A��E.4 tJ. %i�( c-�<<�; �_ r: �'l��', �; . ,��'�
n'10 6 3'7o J
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to
sign.)
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CITY OF CAPE GIRARDEAU
1994 STREET OVERLAY PROGRAM
CITY OF CAPE GIRARDEAU, MO .
BID FORM
(EJCDC 1910-18) (1990) _
PROJECT IDENTIFICATION: The improvement consists of repairs and overlay
with 1�/2 inches of asphaltic concrete, of Brink Avenue from east of the Spring Avenue
intersection west 492 feet to its termination, Spring Avenue from the Brink intersection,
180 feet north to the Montgomery Street intersection, Montgomery Street from the cul-de-
sac east of Spring Avenue, 866 feet west through the Spring Avenue intersection and the
cul-de-sac west of Spring Avenue, Louisana from Broadway, 944 feet south to Luce
Street, and Spanish Street from Independence 464 feet north to Themis Street. • �
THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63701-6244
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to perform
and fumish all Work as specified or indicated in the Contract Documents for the Bid Price
and within the Bid Times indicated in this Bid and in accordance with the other terms and
conditions of the Contract Dvcuments.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to
Bid and Instructions to Bidders, including without limitation those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days
after the day of Bid opening. BIDDER will sign and deliver the required number of
counterparts of the Agreement with the Bonds and other documents required by the
Bidding Requirements within fifteen 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 examined and carefully studied the Bidding Documents and the
following Addenda, receipt of all which is hereby acknowledged: �List Addenda by Addendum
Number and Date)
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(b) BIDDER has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost,progress, performance and fumishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and fumishing of the Work,
(d) BIDDER has carefully studied all reports of explorations and testsr of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in paragraph
4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-
4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such
reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the
General Conditions. BIDDER acl�owledges that such reports and drawings are not Contract
Documents and may not be complete for BIDDER'S purposes. BIDDER acl�owledges that . -
OWNER and Engineer do not assume responsibility for accuracy or completeness of information
and data shown or indicated in the Bidding Documents with respect to Underground Facilities
at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes
responsibility for having done so) all such additional or supplementary exa.minadons,
investigations, explorations, tests, studies and data concerning condirions (surface, subsurface
and Underground Facilities) at or contiguous to the site or otherwise which may affect cost
progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procerlures of consiruction to be employed by BIDDER and
safety precautions and programs incident thereto. BIDDER does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for perforn�ance and furnishing of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and others
at the site that relates to Work for which this Bid is submitted as indicated in the Contract
Documents.
(fj BIDDER has correlated the information known to BIDDER, infonnation and observations
obtained from visits to the site, reports and drawings identified in the Contract Documents and
all additional examinations, investigations, explorations, tests, studies and data with the Contract
Documents.
(g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally
sufficient to indicate and convey understanding of all terms and conditions for performing and
furnishing the Work for which this Bid is submitted.
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(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 direcdy or indirecdy induced
or solicited any other Bidder to submit a false or sham Bid; 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. -
(i) (Any other representation required by Laws and Regulations.)
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
IJNIT PRICE BID
TOTAL
EST'IMATED ITNIT EST. . -
NO. ITEM IJNIT QUANTITY PRICE PRIGE
1 Hot mix Asphalt Concrete (Type 1-C) ,
Surfacing and leveling course, �� ��
Including delivery to the job. Ton 756.24 $ 3� �`�� � a� �9 9.
2 Liquid Asphait Gal 943.53 $ /. ``' $ 9�f 3 s� �-
3 Milling - S.Y. 596.2 $ S " $ �,y �l� �� `��
4� Remove existing pavement and �+
repair subgrade S.Y. 128.88 $ 3�- `� $ 3,8G � � �� rJ
5 Repair of Cracks (one inch and over) LF. 236 $ � °` $ � 3� �c =� _
6 Construct new curb L.F. 10 $ �-� " $ � �G� ��` r�"
7 Remove and replace curb L.F. 13 $ � `�. `` $ S�.s� `` �'�
8. Remove curb and replace with curb �
and gutter L.F. 430 $ //. °° $ �T` � '
a
9 Adjust manholes to grade L.F. 12 $ i ��� `�` $ l � ��� � `� -'f��
:
10 Construct curb ramps S.Y. 49.8 $ ���s�� $ / �� � �
11 Traffic control L.S. $ i o c� �` $ i � �. �` �,r
TOTAL BID FOR ALL UNIT PRICES i<�, t,, tl,�<<s�.r�_i �;;� l,��„�rY=�i ��;f{v -s,, �:.,..�;��($ �,�� j,�, �`' ��:�—
I � _
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Unit Prices have been computed in accordance with paragraph 11.9.2 of the General �
Conditions.
BIDDER acknowledges that quantities are not guaranteed and final payment will.be based
on actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within 70 �alendar days
after the date when the Contract Times commences to run as provided in paragraph 2.3
of the General Conditions, and completed and ready for final payment in acxordance with
paragraph 14.13 of the General Conditions within 80 calendar days after the date when
the Contract Times commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event
of failure to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of bid bond or cashiers check
(b) Required BIDDER'S Qualification Statement with supporting data.
(c) (Add other documents as pertinent)
7. Communications conceming this Bid shall be addressed to:
�
Name ��.���ql�� /�L ���r
Address ������� ��:< /s> �'�� v���, �� , �C2�� � s ��c
(a) Performance and Payment Bonding Company
Name (,�h �f ��� l����r�t� � ['.�s���� �� �;
/4C�C�f@SS t�� �': 6��� l � �/c `J �e��iai� ���as'��ls _1 � ���� `� � �/e I
Agent\Power of Attorney Name (if used) �� c h � ,-� l� �6�������,���,�
AC�C�C@SS � c �� 5 c�r� ��a ��°cl` T��t S. /-����i��c � �D• l�1 c k ��l�� ��G!�'t �, i.r4i '��e��� �Z�7��
(.. � ��,_;�
8. Terms used in the Bid which are defined in the General conditions or Instructions will �����
have the meanings indicated in the General Conditions or Instructions.
SUBMITTED on J �f l„ l� , 19 `�`f.
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State Contractor License No.
IF BIDDER is:
An Individual
By (SEAL) _
(Individual's Name) �
doing business as —
Business address:
Phone No.:
A Partnership
By (SEAL)
(Firm Name) .
(General Partner)
Business address:
Phone No.:
A Corporation
By {� Sfl s D��l � 1 n . (SEAL)
( orporation Name)
/�J ��s� or� ri'
(State Qf I orporation)
� �
By , i�')'� ,-� � SEAL
� K��� rs � ( )
`��t� �� (Name of Person Authorized to Sign)
�
, ,�� ���
(Title) �Pr�-s,�d�„r
(Corporate Seal)
� �
Attest �%-� !�� /� I�
� .
� (Secretary) �nus� r.��i�,�t,-��,� ,�
Business address: r'��� � ���� i s�i
� � ��
;�:� �-,, ,��e , ��E�, �=: � - �
Phone No.: (=��J ��-= - �li �
Date of Qualification to do business is /`� �`1
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A Joint Venture
BY (SEAL)
(Name)
(Address)
By (SEAL)
(Name) -
(Address)
Phone Number and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership
and corporation that is a party to the joint venture should be in the manner indicated
above.)
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