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HomeMy WebLinkAbout0459.093• August 5, 1993 THE HONORABLE CITY COUNCIL palo Alto, California 14 Award of Contract for Regional Water Quality Control Plant Industrial Waste Office Expansion Members of the Council; ~port in Brief Ti1is report recommends that Council authorize the Mayor to execute the attached contract (Attachment B} 'With J .C. Swenson Company, Inc. in the amount of 534,395, to construct office spaces for the indust.rial waste group at the Palo Alto Regional Water Qualitv Control Plant (R~TQCP). Funds have been appropriat;ed in the Wastewater ErLterprise funds. packground 'l'he permit requirements from tbe Regional Water Quality Control Board have imposed a stringent source contrcl program on the service area industries. The program requires a significant amount of site in6pections~ sample collections and analyses to be performed by the RWQCP industrial waste group. The increased work load resulted in the addition of industrial waste Btaff. The existing office is overcrowded to the extent tnat the new staff are presently being seated in the lobby of the administration bui lding. This project will expand th~ existing industrial waste office area to creat,e spaces for the new staff and relieve the existing overcrowded condition. Discussion The invitation for bid was issued to four contractors. Bids were received from three qualified contractors as shown on the attached summary (Attachment A). Staff recommends that the bid of $34,395~ submitted by J.e. S~enson Company. Inc., be determined by council to be the lowest responsible bid and that the contract be awarded accordingly. This bid is 2 percent below the engineer's estimate of $35 .. 000. Recommendations Staff reco~~ends that Council: -1- • 1. Approve and authorize the Mayor to execute the a.ttached contract with J. C. Swenson Company. Inc. in the amount of $34 1 3.95 for the industrial waste office expansion at the Regional Water Quality Control Plant. 2. Authorize ~he City Manager or her designee to negotiate and execute one or more change orders to the contract with J.e. Swenson Company I~c.~ the total value of which change orders shall not exceed $3,500. Respectfully subm~tted. WILLIAM MIKS ManageT.~ Water Quality Control Plan hLl~ GLENN S. ROBERTS Director of Public Works f~~ ~=ger Attachments: A -Bid Summary B -COntract pages -2- t \ Bidder J.V. SWenson Gen-Con lric • CUll OJ' PAI.O ALTO IUIOIOnL bTU QI1ALITY COIITRO!. p~ rKDOSTatAL WASTB orrICB BZPAKaION co. Inc Blp 'OMMMlY July 19, 1993 bo",," of $34.,395 $39,578 Kongl.rd Construetion $41,409 ~ .. estimate $35,000 , "<'--' Bid ; CONTRACT This Connect. dated • i$ entered into by and bt!tw~n the CitY of ~D Atto. a municipal c.o.t'pCf'ation Of the State of California i~Crty"l. and J. C, SwensQn Co 10- :;:-___ ::-,-,"",-,'":'":-::::::::::::--;-:--:, I ~afifQrnia corooration • I"ContraelOr"l, whDse Taxpayer kkH"itificatien Numbar is. ~7"7c.:-O!L!.16,,,,8l.1.!.' .. ' __________ _ Fat and in consideratiCln of the fotlowing CQvenants, terms iUld conditions, City and Contractor '''the parties", alii'": 1. Term. This ConlnCt .shan commence on, and be bindinQ on the parties Orl, the Cate of E;c:ecution of thi$ C(;ot~ct. and shan expire on me date of recordaflon of the Notiea of Substantial Completion_ or, if no such notice is required to be filed, on 1he date that final payment is made hereunder, StJbject to the ear~er terminat10n of this Contract. 2. General Sr;ope: .of Project al1d Wcris. ContractDr shan furnisf1 labor, services. materials and equipment in connKtion with the construction of the Project and complE'le the ~Vork in a<:cOfc.!Ince with the covenants, ter~s lind t:or"lditions of this Co~.r"c. to the satisf.ction of City. The Project arid Work is generany described as farrows· Troe: excansion o11flduslriil Waste OfficE'· Administration Bufldmg· No 43736 Ba~~, $~2~Sw9~9~5w.OQ~ ____________________ ___ Add Alternates (if any!: $ C.".,4"'OQ""'.Q"'O"--____ _ Tota! Bid $34 395.00 3. Contract Documems. This Contract sr.ah consist of the dClcuments set forth below, which are on fiJe 1A'ith tne Citv C:e:rk and are hereby wcorporated by refe{enc~. for the purpcses of construing, interpreting and resolving inconsistMcies between the provisions of this Contract. these documents and me previsions t!\ereot are set forth in the totlo ..... ing descending order of precedence. a. This Contract. b. Notice Inviting Forma! Bids. c. CGntract SpecifiCiitions. d. Dra ..... in~s. e. Change Orde(.s. I. Sid. g. SupplementafY Conditions. h. Gener.JI Conditions. i. Standard Drawings and Specifications {1972L j. Cltrtificate of Insurance. PerfCffTlance Bond an.d La"bor and Materials Bon.d. k. Affirmative Action Guidelines and CompFiance Repon.. I. Other SpeCifications, or part thereof, not I!")(pressry incorporated in th.e Contract SpeciftcatiOM or the Standard" Drawings and Specifications (1972~. m, Any other document n.ot expressry mentioned heretn which is. issued by City or entered imo b't the parties. 4. COrJ"lpj!!lS3tion. III consideration of Cofltractor's performance ot its obrlgations hereunder, City stuJn pay to Contractor the amoum set forth in ComractGf"'s Bid in accordance with Ule 5. proVIsions of ttWs Contrilct and upon the re:::eipt of written inv~clts and ail necusary supporting doeurnentatiM within the tin"t set forth in the Contr&Cl Specifications a nd the 1 972 Stindard Draw1~ and Specifk4ltiorts. or, jf no time is s.tated, within thirty 1301 Days. of the date of receipt or Cont10ct04"s in'JoicES. InslJ@OCa, On or bltfor. the Date of Executio". Contr.1lctor shan obtain and mainta~n the poIkias of insurance CO'Jerage descnbed in the Notice In .... iring Fo.7nal BJds on terms and conditions and in amounts IS may be re'l:uir&<:! by the RIsk Manager, City sh.an no. be otlTIgated Co take out inslJrance on Contrac-tor's personal property or the personal prope rtY of any person performing tabot or .ser",iees or supplying materials Of' equipment under the Prc-ject. C()ntraetor shari furnish City witt1 the certificates of in$urance and with ori~irla! endorsements affecting COV9rage reQuired under this Contract on or before the Date of E.'lCecution. The certificares and endorsements tOf each insurance policy snan be signed by Oil per.son who is Oil uthorizad bv 1hat insurer to trind covliH'age on its behalf. Prt.of of insurance sh3:n be mailed to the Project Manager to the address set forth In Secti~n 15 of this Comr;ct. 6, Indemnffic2tjpn. Contractor agrees to protect. defend, indemnify a n;J hold City, its City Council members. officers, and employees harmless from and aQainst any and an dairns, dem ... nd.s, liabilities, /.cues, damages. costs. expense$, l1ens., penalries, sllits. or jud~ments, arising in whore or in pan.. directly or indirectly, ott all)! time from any-injury to or death of persons or dCimage t'-J property as a result of the willful or negligent act or omission o~ Contractor, or which results from ConU4Ictor's noncompfiance with. any Law lespe':i.ing !he condition, use, occupation or safety of the Proje(:t site. or any part thereof, or w"ich afi!:oes f'.om c.ontracto('s failure to do anything required 'Under this Ccntract or for doing anytl1ing whicr, Conrrac':lJr is reQuired not to do under this Contr~et. or which arises from conduct f()r which any law imposes strict liability on Contractor in me ~erformanc'l!! of or failure to perfonn the terms and conditions of lh.i5 Contract. ucept as mav arise from the sole willful or neg tigent act or om1:s.sion of City or any of ft5 C.ty Councif members, officers., or employees. This indemnification shan extend to any and an claims, demarods, or liens m~de or fifed bv reason of any cons.tnJction, rel\Owarior., or remodering Work performed by Contractor under this Contract at any 1ime during the tem, of tI1is Contract. or arising thereafter. 7. t..ssumption of Ftisk. C.,ntrae1or agrees to voluntarily Clssume any al\d all tisk of loss, damage, or injury to the property of Contract\}( which "'!illy c.ccur in, on, or about the Project site at any time and in any manr:er, excepting such Joss, injury. or damaae a.s may be caused by the so!e willful or negligent act or omiSSion of Crty or any of its City COlJncil members. officers, or ernplovees. S. ~i'ler. The ac~ptance of any payment or performance, or aOlY part thefeof, shall not ope rare as ill ·.'Vaiver by Cit)! of its rights under this Contract. A wa:ver by City of imy breach of any part or provision of this Contract b.,· Contractor sha~ not 0gerate as a waiver or continuing wai'Jer of any subseQuent breach ef me same or any other pro'llision, nor shan any custom or praetice whietl may arise between the parties in the administration of any part or provision of this Contract be cOfIstnJed to waive er to lessen the right of City te insfst upon the perfMmance of Contractor in strict compliance 'With the cOII'enants. terms itnd conditions of thi5 Contract. 9. ComQ!iance with laws. Contractor shall comply with all Laws now in force or which may herea.fter be In force pertaining to the Project and Work and :his Contract, with the requirement of i!"V bond or fire unde ........ riters or other sim~ar body flOW or hereafter cOll.1tituted, wi:th any d~retionar·{ license or permit issued purs'Uant to any law of any public agency or officiar as weflas with an"y ,provision of an recorded documents affecting the Project site, insofar as any CITY of PAlO ALTO: fOfrnal Contract Page 2 of 7 are reQuired by feJSon of the use or occupancy 01 ttl!! Project sile, and wittl ali Laws pertaining to nondiscrimination and affirmative action in employment and haZl!!fdo\.Js mate(ials, 10. .Iku:!At. As a condition precedent to City's obligation to pay compen!Jation to Contractor, and on or before the Data 01 Execution. Contractor shan furnish the Bonds as reQuir~ under the Notice Inviting formal aids 10 the Proje.et Mar-ager. 11. RepreHmflMns and If.{arra"ties. In the suppfy of any materials and equipment and !:he rendering of labor and services during tf'I6 course and scope of the Project and Wor:', Contractor represents and warrallts: I. Any materials Illd eQuipment which shall be used during the course and s~P1! of the Project and Work sha!1 be vesred in Contractor; b. ftflY materials and equipmef1t which shan be use<! during the' course and scopa of the Project and Worle shall be merchantable anct fit to be \Jsed for the panieLllar purpose for which the matarials are required; c;. Any labor and se!vices rendered and materials and eQuiDment used or employed during :hf! course and scope of the Project and Work. shall be free of defects in workmansr.ip tor a period of one (1) yeat after the recordation of the Notice of Substi!ntiaJ Completion, or, if no .s~ch notice is reQuired to be flfed, on the date tnat final payment is made 'hereunder; d. Any manufacturer's warranty obtained by Contractor snail be obtained or shal! be deemed obt8tl'\ed by Contractor for and on behalf of Cit)!. e. Anv information submitted by Ccntractor prilrr to the aWi! rd of Contract. or thereafter, upon reQues.t, whether !)f' not submined under .a cnntimJing obligation by the terms of me Centraci: to do so, is trut! and correct at the time .such ;nf~[mation is submitted or made ava~.able to ~ Ctty; f. ContraCtor has not cotluded, eol1spired, or agreed, dirE:ctlv or i.,(firpctly, with any pet$On in regard to the timns itnd conditions of Contrac:et' 5 Bid, ex-cept as may be pennined by the Notice In .... iting Forma: Bids; g. Contractor has me power and authority to enter into this Contract with City, that the L,dividual executing this Contract ls duly authcrizad to do so by appropriate resolution, and that this Contract $11." be executed, delivered and performed pursuant to tl'Ie powet and authority cOr'Iferred upon the "erscm 'Jr persons autnorized to bind Contractor; h. COfltrClctof has n.ot made an attempt to exert undue influence with the PtJrch.asino Ma.nager Of Project Manager or any other person who has di.ect!y contributed to City' 5 ~cision to awa rd the contract to Cootractor; L There are no unresolved claims or disputes between Contr.H:tor and City which would materiany aHect Contractor's abiEty to perform under me Contract; j. Contractor has futniSMd and wi II furnish vue al'\d accurate statements. records, repotU, resolutions, certifications, a r\d other written informa!ion 415 may be requested of Conuactor by C~ty from !:ime to • .,e during th~ term of this Contract; CIT, of PAlO ALTO: Formal Contract Page3cf7 "'.~; . k.. Contractot and any person performing tabor and seryices under this Project is duly Iicl!lf1.&ed as a c:onU3etor with the State of California as reQuired by California BusiM$S & Professions Code Section 7028, as amended; and L ConttactOt tlu fully examined and inspected the Project site and has full knowledge of the phy.sical conditions 'Or the Pr$et sjte. '2. AyianmMt. This Contract and me performance required P'lereunder i.s personal to Conuactor • .and it shat! rnl'l be u.signed by Contractor. Any anempted assignment $I,all be ntJ~ an.od' void. 13. ~t Contractgr. All c:lalffi.$ penainlr.g to extra work, additiona1 Ch.Hg'!!!S. orderays within the Contract Time or other disputes arisirl9 out of the Contract shall be submitted by ContractOr to City jr'll writing bv certified or rltgistered ma~ withll'1 ten 110) Days after the cfaim erose (J( within such ot"er eme as may be .Perm1t!ed 0.-reQuirttd by I<Jw. and sha" be descn'"bed ill sufficient detiliT to give adequate notice of the substance of the claim to City. 1.. Audits by City, During the term of this Contract GII'1d for a period of not less than three (3) yeiUS after me expirMion or earlier termination of this Contract, City shall ha'ore the riognt to a'Jar! Contractor's ProjecNel;ned and WoriHef .. ted writings and busines.i reeards, as such terms ~e defined in Califomia Evidence Ceda Secti Dn s 250 and 1 211, as. ame,.ded', during th.e regular bUSiness hours of Contractor, or, tf CantrCiCtO( has no such hours. during-me regular busine.ss P'lour.s of City. i 5. ~. An 8gr~ments, appointments, appro .... als. authorixations, claims. demands, Chan"e Orders. consents, designations, notices, offers, requests and' statements ~iven by e.ther ,p.arty to the other sP'lall t,e in writing and shall be sL.:fficientlv given and ser .... ed' upon the other :larry if rn person.lTv ser,.ed, (2i senl by tt-.e United States mail. postage ~(epajd, i31 sent by private eJq;Ire.5& delivery service, or 14) in tile case of a fac:simlle transmission, if sent 10 thl telephone FAX numbl!r set foc'th below during regular business hours of the receivlltQ ;::larry and faDowed whhin two (2) Days by delivery of a hard copv of the materiar s.ent by facsimile transmission. in accordance with ~ 11. (2) or (3) above. Personal urvice shan incfude, witllout rimitation. service by de~ ver,. and service by facsimile tr<lf'\smission. To City' Copy t~: CITY af PALO ALTO: Formal CO:1traCl City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 ;-alo Alto, CA 94303 City of Palo Alto PCirO Alto Regional Water Quality Control Plant 2501 Embarcadero Way Palo Alto. CA 94303 (41 5) 329·~22~8>:7'--:-,:-:-::,--_. __ _ FAX: (4151 856·0195 ATTN: Project Manager for Project Page" of 7 k. Cootractor and any person performing I.!bor and services under this Project is dufy licerued 8S a contraetor with 'Chi! State of California ali reQuired by Callfomia Business &. PrOf&SSWR5 Code Section 7028, as amended; and I. Con'Cractar hu fully examined and inspected the Project site and has fun kn-owledg& rn the physical cond'"lti~ns of the Project site. 12. Ayjgnmtf'lt, Thi$ Contract and IDe perfonnance required hereunder:.s p-er'Sonat to Contractor. and nahal] not l)e assigned by COl1traCfO(. AnV attempted as.signment :shall be null and void. 13. Claim. of Cgntr;tctpr. An ciaims pertaining to extra wotk, additional c:harge$, or dlJ'la.,.s within the Contract Tune or other disputes arisjng Otlt of the Contract shalf be s.ubmitted by ContnIctor to Citv in writio~ by certified at re~istered mati witl\[n ten (10) Days after dte c!aim arosa Of' within such oth-ertime as may be permitted or required by law, and shall be descdbed in sufficient detail to give adeQuiilte notice of the substance of the cia im to City. 14. ~ll.il¥. During the term of this Contr2ct ilnd' fOf' a period of not ress t.'1ar. tt1ree 131 years after the expir~,on Of" earlier termination of this Contract City shari have the right to audit Contractor's ProjeC'Helated and Work~rf~lat'ed writings ~r.d business re(:ords., as such terms are defined in California E-...rid'enc& Code SKtions 250 and 1271, as amencled, duri.,c tt'le ,..gular busine-u ~urs of Contractor, or, ~t C<lntracto( t'aa.s no S'Jch hours. durir'::17 the regular buslne5.S hOlJrs of City. 15. ~. AD agreements, appointmeNts, approvals, authorizations, claims, de:ruonds. Change Orders. con$etlts, designations, notices. oHefS, reQuests and statements given by either party tQ dill Ilt.her s.han be 'in writing ar\d shan be sufficiently given and served. upon the other partY if {1 j .,ersonany served, {2) sent by the Unite-d States mati. po.stage prepaid, 131 sent by private express deflvery service, or 14~ in the case of 3 racsimile transmissten. if sent to the t'!leph<ll1e FAX number set fonh below during reoulaf b:.:.siness hours -of the rec:eh .. ing party af\d! fonowed within two {21 Days bv delivery of a hard copy of the miteriar sent bV fac~jmi1e transmission, in accordance with (1), f21 or (3) aboye. Personal ser .... ice sltan include, w4thoiJt limit.uion, service by delivery and seroliee by facsimile transmission. To City; Copy t,,; CIT'-" ')1 PPolO AlTO: Formal Contract City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 Palo Alto Regional Water Quality Control Plant 2501 Embarcadero Way Palo Alto, CA 94303 (4151 329·~2,,-28,,-7,-______ _ FAX: (41 51 52.85...,6->:;0\L1'-'91.56'---__ _ A TIN: Project Manager for Project Page 4 of 7 To Contractor: J. C. Swenson Co. Inc. 38Q1-E Charter Park C! San Jose. CA 95136 ~I 445-7900 FAX: '~I..:44=5o.:.·7",9Q"",,8,--______ _ ATTN: red Godard l6. ApprQpriatiQ!! of City Funds, This Conu3ct is subject to the fiJ'i.cal provisiONS of Article III, Section 12 of ttle Cl'laner of the Ow of Palo Alto. Any charges hereunder fot labor, services. mate.rials and tqu~men1 may aGCru9 only after such expenditures hii'l{e bean approrved f.n advance in writing ill accordance with applicable Laws. This Contract snail terminate wttr.out penaltY fi1 at the end of any fiscal ye ar in the event that fL.; nods are !"lOt BiJplopriated for the following fiscal yea/, ()( Iii) at a ny time witni.., a fiscal year in the even t that funds are 0.,11,­ awropriated for 'I ponion of the fiscal year and funds fOf this Conuact are l'lO ior.oer available. This Section 16 shan control in the event of a conf'ict w~th any other provision of this Contract. 17. Missellaneou.s. a. Bailee Disclaimer. The p;trtie5 understand and aaree tha~ City does r.ot purport to be Contra<:tor$ baitee. and City is. therefc.re. not rupansible for ;,noy damage to the ~I property of Contrac.tor. b. Consent.. Whenever in this Contract the 3pproval or consent of a Clany is reQuired. such approval or consent shan be in writing and shan be executed by a perStm having the express authomy to grant Souch approval or consent. c. Controlling Law. The ,parties agree that this Contract shall be governed and c{Jnsuued by and in a,o;cordance with the laws of the State of California, d. Definitions. The definitions and terms set forth in Section 1 of the Standard CKawirogs and Specifications nS72, of this ContraCT are mcorpora.ted herein by rtferenc-e. e. Force MajaUte. Neittler party shan be d~mad to be in default on account of any delay or failure-to perform its obligations under this Contract which directly lesults from.an Act of God or an .act of a tlu~eriOt ~o\lemmenta;1 8vthoricy. f. Heacfrf"l9.S. The pat.graph headings are no1 ill part of this Convact and shan ha".e no effect upon the construeti()(\ Qr i..'::erpretatiQI'\ of any part of this Contriloct. g. Incorporation of Documents. An documents constituting the Contract documents descnbed in Section 3 heNlot and an dOC\Jments wtlich'may. from tim-a to time. be referred to in anv duly executed amendtrtent hereto are by s'Uch reference incorporated CITY of PAlO ALTO: Fcrmal Contract Pa'jje5af7 , f • i 1n thi$ Contract and shall be deemed to be part of tl1is Contract. tI. IntegratiOt'l. This Contract and any amer Tlerlts hereto between me pel rties constitute the Itfltire Clgreement be' "Ieen the parties concerning the Project and Wane:. :aond there .ra no other flnor oral or wriner. agreements between rl1e parties that ale not it\cOfPOrated in th~ Contract. L Modification of Agreemerlt. Thi.$ COl1tract shalr not M modified or be btndi f')Q: upor. :he parties, unless such modffication is ~reed to il"l writing and signed by the parties. j. Pro\lision. Any .gntement, covenant,. cOfldhion, dause, Qualification. "!estriction, reservation. term or other stipu'aticr\ in the Contract &haM define or otherwise controJ. ertabr.sh. or "mit the parformance re-a-uired or permitted or to bi! reQt,;;:rec of or permitted by either parry. AIT provisions, whether C::ll,lenilnt$ cr conditions, sh.all be deemed to be both cOlolenam:s and conditio ns, k. .Resolution. Contractor shall submit with its Bid a co~y -..f any corporare Of partner5l'1i~ resolution cr other writing, which authorizes anI{ direc.tor, oHicer or other@mploveeor partner to act (or Of 01"1 behalf of Can tractor or whicM authoriz'i!S Comractor to el1ter into this Contract. I. SeverabiJJty. If a court of competent jurisdiction f'nds or rules that any pro .... islon 01 this Con.tract is void or unenforceable. the provisions of thiS Contract not so affected shan rernai!1 in full force and effect. m. Status of Contractor. In the exercis.e af riGhts and obligat;ons under this Contract. CentractOf' acts. as an independent contractor .. nd no[ as an a~enI a( employee of City, ContraC1or s"an net be entitled to any rig"rs and henefits 2ccord<!d or accruing 10 the City Co~nci\ members, offiters or empioyees cof City, and Contral;lQr expressl..,· waives any and an claims to Such nljlhts and benefits. n. Su-ccessors and Assigns. The tlro\d$.io"s of thi.s Contract shan inure to the benefit of, and shan appry to and bind, the succeSSOtS and as:lagns of the p;mes. o. Time ot the Essence. Time is of the essence of this Contract and each of it$ pr.o'olis.ions. In the caicu!at\t;ln of tim.e he~eunder. the time in which on act i-s. to be performed shall be computed by excluding the firs[ Day anc incli.lding the las~. If thE 1ime in which an act is to be p-:!riormed' tails on a Saturday, Sunc!.y. or ally Day observed as a regal 1'I0liday by City'. the time 'or performance shall be extended to tMe fonowing Business Day. p. Venue. In the event that suit is bfCUgh"t by either pany I'lereiJndoer, the p~rties agriM! that trial of such action shan be vested ex<:iusi'olely in the state courts of California in the County of S2;nta Clara ffl tM City of San Jose (lr in the Un ited States District Court for the Nl)rttll!:in District of Califomia in the City of San Jose. q. Recovery of COSt5. "The prev.,iling pan.,.-"In aT1Y action hrought to enforce the terms of this ConU~ct or arising: O\.It of this Contract ma y reco lIer its reasonable costs. incluc.ng reasonable anomey's fees. incurred or ext>ended in connection witl'l such 8':oon against -me non-prevailing pa"1y. crr ;)~ PALO ALTO: Forma! Contract Page £ ot 7 • IN WITNESS WHEREOF, the pattfas Mve e:ll:eetJ ted this Contract on the date fir$t .above Juted in PaJo Ah:~. catifomia. ATTEST, CIT)' Or P"lO .. L TO. C .. UFORNIA BV, __________ _ Mayor City ManlQ8l' Name: -r;6 GC{J,q.,..A [);recta< 01 Pub.., Wori<s T",., 0'-"-8, i.1. .:1- Olrecto." of rlll.net Taxpaver 1.0 No . .-:2.:::..=. O/(-;fllz.. RiSk Manager APPROVED AS TO FORM, END OF SECTION CITY of PAl.O AlTO: Formclol Cantr,ct Pa;e '] of '] ,