HomeMy WebLinkAbout2006-018 Contract - LTM Inc
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
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Contract made this -r .. day of 1"4vr.u.v 7 ' 2006, between the
City of Ashland, ("City") and L TM Inc. "(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the 2004 Miscellaneous Concrete Project No. 2004-04. Contractor was
awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms
of this contract, the contract documents defined in the Advertisement for Bid and Contractor's
bid, this contract shall take precedence over the contract documents, which shall take precedence
over the bid.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution
of the contract and prior to doing any work under the contract, furnish bonds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of $372.320.00
(Schedules B & C Only) conditioned upon the faithful payment and performance of this contract
upon the part ofthe Contractor as required by ORS 279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature
arising out of or incident to the performance of this contract by Contractor (including but not
limited to, Contractor's employees, agents, and others designated by Contractor to perform work
or services attendant to this contract.) Contractor shall not be held responsible for any losses,
expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force a comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and
comprehensive automobile liability including owned and non-owned automobiles. The liability
under each policy shall be a minimum of $500,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be
named as additional insureds. Contractor shall submit certificates of insurance acceptable to the
City with the signed contract prior to the commencement of any work under this agreement.
These certificates shall contain provision that coverages afforded under the policies can not be
canceled and restrictive modifications cannot be made until at least 30 days prior written notice
has been given to City.
7. Default: A default shall occur under any of the following circumstances:
7.1 If the Contractor fails to begin the work under contract within the time
specified, or fails to perform the work with sufficient workers or equipment or
with sufficient materials to insure the prompt completion of the project, or
shall neglect or refuse to remove materials or perform anew such work as
shall be rejected as defective or unsuitable, or shall discontinue the
prosecution of the work.
1.2 If the Contractor shall become insolvent or declared bankrupt, or commit any
act of bankruptcy or insolvency, or allow any final judgment to stand against
the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make
an assignment for the benefit of creditors.
1.3 From any other cause whatsoever, shall not carryon the work in an acceptable
manner.
8. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and
appropriate or use any or all of the materials and equipment on the ground that may be suitable
and acceptable and may cause a contract for the completion of this contr~ct according to its terms
and provisions, or use such methods as required for the completion of the contract, in any
acceptable manner. All costs and charges incurred by the City together with the costs of
completing the work under the contract, shall be deducted from any money due or which shall
become due the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by the
Contractor, then the Contractor shall be entitled to received the difference less any damages for
delay to which the City may be entitled. In case such expense shall exceed the sum which would
have been payable under the contract, the Contractor and the surety shall be liable and agree to
and shall pay the City the amount of the excess with damages for delay of performance, if any.
9. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress
payment or 60 days from the date work first begins on the Contract, whichever comes first. The
fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to
the Bureau at the following address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
10. Living Wage Rates: If the amount of this contract is $15,964 or more, and Contractor
is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the
work under this contract. Contractor must post the attached notice predominantly in areas where
it will be seen by all employees.
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
11. Assignment and Subcontracts: Contractor shall not assign this contract without the
written consent of City. Any attempted assignment without written consent of City shall be void.
Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors
and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City.
Contractor may not substitute any subcontractors from the submitted list of First-Tier
Subcontractor Disclosure Form without written consent ofthe City, or by following the
procedures ofORS 279C.585 and OAR 137-049-0360.
By:
CITY OF ASHLAND
By:
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Lee Tuneberg ,
Finance Director
Its:
By:
Lega
/-1-06
REVIEWED AS TO CONTENT:
BY:~
&~artment Head
Coding:
. ,
Date: ~JIJ/tJ(;
(For City use only)
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LmERTY MUTUAL INSURANCE COMPANY
BOND NO. 190-015-010
TRAVELERS CASUALTY AND SURETY
COMPANY OF ~RICA
BOND NO. 104533698
PERFORMANCE BOND
The undersigned LTM, INCORPORATED
. as principal, further referred to in this
bond as Contractor, and LmERTY MUTUAL INSURANCE COMPANY AND TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA , as surety, further referred to in this bond as
Surety, are jointly and severally bound unto City of Ashland, as obligee, further refeITcd to in this bond
as City, in the sum of THREE HUNDRED SEVENTY TWO mOUSAND THREE HUNDRED
TWENTY AND NO/I00THS****************************
Dollars ($372,320.00************************************ ).
Contractor and City bave entered into a written con1ract dated
. for the following project:
2004Miscellaneous Concrete Proiect No 2004-04. This contract is further referred to in this bond as
the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the time prescribed by the Contract,
as required by ORS 279C. 380 through 279C.385, then this obligation is null and void;
otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perfonn all of Contractor's obligations under the contract
in accordance with its terms and conditions and pay to City all damages that are due
under the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5~ Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate 1his bond.
7. The bond number and the name, address, and telephone number of the agent authorized
to receive notices concerning this bond are as follows.
Bond Number: BOND NUMBERS 190-015-010 AND 104533698
Bond Agent: KPD INSURANCE, INC.
Address: P. O. BOX 936
Telephone:
MEDFORD, OR 97501
(541) 245-1111
SIGNED this
9TH
day of FEBRUARY 2006.
(Corporate Seal) ONS
Legal Address: P. O. BOX 1145
MEDFORD, OR 97501
Attest: ~~O ~ ~~;;;?7=
\ Corporate g";G;e~ I\s~t. <;~
Lffi TYMUTUALINSURANC COMPANY AND
TRAVELERS CASUALTY AND SURETY COMPANY
AMERICA
DALE R. LININGER
WITNESS:
WITNESS:
~~
Title: PATRICIA C. BOYD, A'ITO - -FACT
Legal Address: LffiERTY MUTUAL INSURANCE COMPANY
2854 IDGHWAY 55 STE 250, EAGAN, MN 55121
Attest: N/A
Corporate Seoretary
TRAVELERS CASUALTY AND SURETY COMPANY
385 WASmNGTON STREET, ST. PAUL, MN 55102
LffiERTY MUTUAL INSURANCE COMPANY
BOND NO. 190-015-010
P A YMBNT BOND TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
BOND NO. 104533698
The undersigned LTM, INCORPORTED
, as principal, further referred to in this
bond as Contractor, and LffiERTY MUTUAL INSURANCE COMPANY AND TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA , as surety, further referred to in this bond as
Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond
as City, in the sum of THREE HUNDRED SEVENTY TWO mOUSAND mREE HUNDRED
TWENTY AND NO/IOOms*****************************
Dollars ($372,320.00************************************ ).
Contractor and City have entered into a written contract dated
, for the following project:
2004 Miscellaneous Concrete Protect No 2004-04. This contract is further referred to in this bond as
the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescribed by the Contract,
and promptly makes payment to all claimants, as defmed in ORS 279C.600 through
279C.620, then this obligation is null and void; otherwise it shall remain in full force and
effeot.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the contract in
accordance with its terms and conditions and pay to City all damages that are due under the
Contract.
3. This bond is subject to claims under ORS 279C.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,
executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time..
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number and the name, address, and telephone number of the agent authorized to
receive notices concerning this bond are as follows.
Bond Number:
BOND NUMBERS 190-015-010 AND 104533698
Bond Agent:
KPD INSURANCE. INC.
Address:
P. O. BOX 936
Telephone:
MEDFORD, OR 97501
(541) 245-1111
SIGNED this
9TH
day of FEBRUARY 2006.
(Corporate Seal)
WITNESS:
Legal Address: P. O. BOX 1145
WITNESS:
~~
(Corporate Seal)
Attest: ~ .
. Corporate &'Sfftt~ A'5.-...t-. Se~,,"~
Lffi RTYMUTUALINSURANC COMPANY AND
VELERS CASUALTY AND SURETY COMPANY
RICA
Title: PATRICIA C. BOYD, ATTORNEY-
Legal Address: LmERTY MUTUAL INSURANCE COMPANY
2854 mGHWAY 55 STE 250, EGAN, MN 55121
Attest: ~ ~
Corporate Secretary
TRAVELERS CASUALTY AND SURETY COMPANY
385 WASHINGTON STREET, ST. PAUL, MN 55102
. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
1600306
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
MARGIE JOHNSON, ANNETTE J. CANTU, PATRICIA C. BOYD, LINDA SHADDON,JERRY D. BALDING,
JACKIE ANDERBERG, DANA BRINKLEY,ALL OF THE crrv OF SPRINGFIELD, STATE OF OREGON ............................
................. ill........ a.a.................................. .......lI....................,;,.. a............................ ... ._~.. ... II.................................................. ..-............................... Ii........................................................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act an.ddee. d, any'..and all undertakings, bonds, recOgniZances. and other s. urety ObligatiOn.s in the penal sum not exceeding
FIFTY MILLION AND 00/100************'"******* .... DOLLARS ($ 50,000,000.00***** ) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretaryofthe Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the follOwing By-law and Authorization:
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a) ~ COMMONWEALTH OF PENNSYLVANIA ss
~ Xl COUNTY OF MONTGOMERY
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1:: ~ On this 23rL day of August , 2004 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
~.- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
... t Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
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; ;:. IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
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By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
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IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of ~ [
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of AUQust , = 0
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ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
LIBERTY MUTUAL INSURANCE COMPANY
BYC~ W_ a<'~.
Garnet W. Elliott, Assistant Secretary
CERTIFICATE
NoL.:;r\,
BY~~
Teresa Pastella, Notary Public
I, the undersigned, Assistant retary of Uberty Mutual Insurance Company, do hereby certify that the original power of attomey of which the foregoing
is a full. true and correct copy, is in full fOl'ce and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appointattomeys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF'288'g hereunto subscribed my name and affixed the corporate seal of the said company, this
February , .
9th
day of
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Patricia C. Boyd, Jackie Anderberg, Dana Brinkley, Nichole Russell, of Medford,
Oregon, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge,
at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds,
recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
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C I T T 0 F CITY RECOR~Y
ASHLAND
20 E MAIN ST. 3/6/2006 r
ASHLAND, OR 97520
(541) 488-5300
06650
VENDOR: 000100
L TM INC
POBOX 1145
MEDFORD, OR 97501
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Tenn.: Net 10th of Month
Req. Del. Date: 2/16/2006
Speclallnst:
Req. No.:
Depl: PUBLIC WORKS
Contact: Paula Brown
Conflnnlng? No
BLANKET PURCHASE ORDER
2004 Miscellaneous Concrete Project
Approved by Council February 7, 2006
Schedule B Downtown Pedestrian Safety
Schedule C Nevada Street LID
Extra Work
123,269.50
249,050.50
13,017.30
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
E 260.08.12.00.70420
E 260.08.35.00.7042
E 260.08.41.00.70420
~ ~~~..I'~ .:J~~~
orized Signature
VENDOR COPY
CI'I' YO F
~S:HllAND
REQUISITION
No. PW - FY 2006
Department Public Works
Vendor LTM INCORPORATED INC.
PO BOX 1145
MEDFORD OR 97501
Account No. 260.08.12.00.704200
260.08.35.00.704200
260.08.41.00.704200
Date February 24, 2006
Requested Delivery Date ASAP
Deliver To JIM OLSON
Via PAULA BROWN
57% (. Note: PI..... lIIow IflJlI'llldmate two(2) weeks for deIiveIy on items DOl
31 % seaonlly Clried in IIIored, and IJlPI'OXimaIeIy two (2) months on printinsjobl.)
13%
Item No. Quantity Unit Description Ulleof Office
Unit Price Total Price PO No.
2004 Miscellaneous Concrete Project
approved by Council February 7,2006
Schedule B Downtown Pedestrian Safety S 123,269.50
Schedule C Nevada Street LID S 249,050.50
Extra Work S 13017.30
TOTAL S 385,337.30
lob No.
Unit No.
I hereby certi1Y that the above items .... neceosuy for the operation
oftbia cIeponmont and.... budgeted
Dopa.- Hood or Authorized Penon
Issued By
Date
Received By
r.,