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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 6th day of between the City of Moscow, Idaho, State of Idaho (hereinafter, "City") (hereinafter, "Contractor") : WITNESSETH: September, 1995, by and a municipal corporation of the and Poe Asphalt Paving, Inc. , WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through and the following: 1. Advertisement for Bids; 2. Project Specifications titled : NURSERY STREET L.I. D . 119; 3. Bid/Proposal of the Contractor, dated August 291 19951 to be physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contäact; 6. Change Orders which may be delivered or issued after the effective date of this Agreement; 7. Addenda issued prior to opening of bids 1 to be physically attached to this contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. 95-72 0 ' i ---PAGE BREAK--- ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before thirty (30) calendar days from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE 4. CONTRACT SUM The City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of seventy-two thousand six hundred eighty-seven dollars and seventy-two cents 72, 687. 72) . Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withhold¨ ng. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. . ·h I 1 ---PAGE BREAK--- ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 8. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and the City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the City of Moscow. ---PAGE BREAK--- ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney1 s fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. ---PAGE BREAK--- ARTICLE 13. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: City: Poe Asphalt Paving, Inc. P. O. Box 784 Pullman, WA 99163 City of Moscow 122 E. 4th Street P. O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: City: President ---PAGE BREAK--- ACKNOWLEDGMENT On this fL day of S-(}bm. I Notary of the State of Idaho, a.c_· r_ f._c _f/_IJ'IJ and f.t} {Av.. ro-e" capacity as President and Secretafy of Poe known to me to be the persons described in acknowledged to me they executed the same. ACKNOWLEDGMENT, , 1995, before me, a personally appeared in their official Asphalt Paving, Inc. , the above document and On this day of , 1995, before me, a Notary Public of the Sta< df Idaho, personally appeared Paul C. Agidius in his official capacity as Mayor of the City of Moscow, known to me to be the person described in the above document and acknowledged to me he executed the same. 12 , /l - t 4 # C . Γ Notar Pub · c residing at ••eecoe0 㥠Ĉ 00o ,1 ̩ A li' • ̪ . 3 0 '1 Δ . : My Co*s s n expâres - v 0 - 4 / : Z g II:{: 9 ̨ 1..)ą Ć · S •o , Ă , ,,,/tft Of ACKNOWLEDGMENT , On this /tJ{! day of V , 1995, before me, a Notary Public of the State of Idaho, personally appeared Elaine Russell in her official capacity as Moscow City Clerk, known to me to be the person described in the above document and acknowledged to me she executed the same. awf , Notar PubiC resi ing at . y Commission expires ..3/06/tzCJ r 1 . . . , ---PAGE BREAK--- BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: AUGUST 29, 1995 This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the ' CITY' for NURSERY STREET LID #119, specified herein and which construction documents are on file with the City Engineer, City Hall Annex, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hãreto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the Page 2 ---PAGE BREAK--- . . specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 8. 9. The undersigned, as a bidder, acknowledges that Addenda Number Β through have been delivered to him and have been examined as part of the contract documents. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor1s License Number 5130-AAA-2 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Speciality Amount a. ACE ELLIOTT LANDSCAPING Landscaping $ '6,300.00 b. GERMER CONSTRUCTION, INC . Pipework 32,530.00 c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for NURSERY STREET LID #119, as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: Page 3 : : . : _j J I i .½ J 1 I ! ---PAGE BREAK--- BID SCHEDULE ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION & UNIT PRICE PRICE 1. Process Base Course per square yard 3484 s. y. $ .62 $ 2,160.08 2a. Trench Exc/Bkfl. CL1D (Storm) per lineal foot 181 l. f. $ 20 . 00 $ 3,620.00 2b. Trench Exc/Bkfl. CL,C (Storm) per lineal foot 702 l.f. $ 20 . 00 $ 14,040 . 00 3a. Canst 8" Storm Sew per lineal foot 6 l. f. $ 7 . 50 $ 45.00 3b. Canst 1211 Storm Sew per lineal foot 870 l.f. $ 12 . 00 $ 10,440.00 4. Remove Concrete Curb per lineal foot 232 l. f. $ 2 . 50 $ 580 . 00 5. Remove Concrete Sidewalk per square yard 6 s.y. $ 25.00 $ 150 . 00 6. Construct Manhole per each 3 ea. $ 895.00 $ 2,685 . 00 7. Construct Catch Basin per each 2 ea. $ 8 50 . 00 $ 1,700.00 8a. Plant Mix Pavement (Base) per square yard 3484 s. y. $ 3.88 $ 13,517 . 92 8b. Plant Mix Pavement (Surf. ) per square yard 3484 s.y.$ 2.33 $ 8,117.72 Page 4 ---PAGE BREAK--- 9a. Canst. Cone. S. W.-4u per square yard 214 s. y. $ 1_ 9b. Canst. Cone. S. W.-6u per square yard 57 s. 2_ 0_ 10. Canst. Concrete Curb per lineal foot · 324 1 . f. $ 1 _o o_o_ 11a. Adjust Valve Box per each 11b. Adjust Manhole/Catch Basin per each 12. Landscaping per lump sum 13. Erosion Control per lump sum 14. Mobilization per lump sum 1 ea. $ 150.00 3 ea. $ 150.00 1 l . s . $ 4800. 00 1 1 . s . $ 1500. 00 1 1 . s . $ 500. 00 $ 3,852 .00 $ 1,1 40.00 $ 3,2 40.00 $ 150.00 $ · 0 $ 4,800.00 $ 1,500.00 $ 500.00 TOTAL BID $ 72,687.72 POE ASPHALT PAVING, INC . Firm Name of Bidder DIVISION MANAGER Official Title P . O . BOX 784, PULLMAN, WA 99163 Mailing Address Page 5 . . : I .J ---PAGE BREAK--- I . I No. SEAL (If Incorporated) Pullman, Washington 5130-AAA-2 Public Works License WASHINGTON State of Incorporation if Incorporated Dated at This 29 day of --ÚAuÛgÜu=sÝt , 1995. Page 6 ---PAGE BREAK--- m SAFE CO BID BOND . Α· . isAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 KNOW ALL BY THESE PRESENTS, That we, _ _ .LPoi.Le3Ao..s:>.Jpf.L.Jhc.ua:Llut4P:...cauvuiu.n4:g l--l,..__.LI.lJn li.. or Clarkston t4A (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERlCA (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Moscow (hereinafter called the Obligee) in the penal sum d_Aumw.o....._ llu.n t _ Dollars($ 5% of Bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Nursery Street LID No. 119 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this day of ....JAu.u , 19 _25_. . Poe Asphalt Paving , Inc. ¥aLA- (Seal) Principal Witness Title SAFECO INSURANCE COMPANY OF AMERlCA 5·53 RB ll/75 PRINTED IN U.S.A. J ---PAGE BREAK--- , f. POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 88185 No. 323 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint HIL STONEB RAKER; J AMES M. HEWITT; DON McQUARY; CHERYL A. ASHBY; DELLA J . ALLEN, Clarks t o n , Wa s hin g t o its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective ccmpany thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 2_6'-'t_h day of May CERTIFICATE Extract frcm the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 94 "Article v. Section 13. - FIDELITY AND SURETY BO\IOS • • • the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the ccmpany fidelity and surety bonds and other documents of similar character issued by the company in the course of its business • • • On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract frcm a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Ccmpany setting out, The provisions of Article V, Section 13 of the By-Laws. and (ii) A copy of the power-of -attorney appointment, executed pursuant thereto. and (iii) Certifying that said power-of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Ccmpany may be a facsimile thereof." I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this _ day of 19 5..5. S-ll74/EP 1/ll3 ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- m SAFE¤ PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, P.2 BONL 5835102 SAFECO INSURANCE COMPANY OF AMERICA GeNERAL INSURANCE COMPANY Or AMERICA FIRST NATIONAL INSI.mANCE COMPANY OF AMERICA HOME OFf'lC© SAf'ECO PLAZA SEATTLE. WASHINOTON Q418$ Bond 5835102 POE A SPHALT PAVING, INC . (hereinafter called ihe Principal), as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation duly organized under the laws of the State of (herainaftar call9d the Surety), as are held and firmly ooundunto '¿oÀÁhwcallÂilieOblÃÄ), in the sum of SEVENTY TĀāO THOUSAND SIX Hl!NDREQ EIGHTY )EVEN & 72110- - - - - - - - - 7 2 , 687 • 7 2 ) Dolw•, for the payment of which .um wall and truly p a the aa1d Surety, bmd ourselves, our heirs, executors, administrators, .uccessonr and U$igns, jointly and severally, fitmly by these presents. Sealed with our Aals and dated thi.t 7 _ t_ h day of s _ e_ p _ t_ e_m _b_e _ r , 19 ; WHEREAS, said Principal bu entered into a Contract with said Obligee, datad fM NURSERY STREET L.I.D. #119 in accordĘnca with the terms and condition.t of .said COntract, which IB hereby referred to and mę a part hereof as af fUlly Set forth herein; 1 NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION IS SUCH. That if thfl above bounden Principal 11hall well and truly keep, do and periorm each aDd every, all and ai.nJular, the matters end thingt in nid contract •t forth and specified to be by said Principal kept, dooe and perform&d, at the times and in the manner in said contract tpe<:lfied, or shall pay over, make &oocf and nimbW'Se to the above named Obli&"· all be e.nd damagt which said Obliiee may SUBtain by reason of failure or dafault on the part of said Principal so to do, then this obliiation thall be null and void; otherwise thall remain in full force and effect. NO SUIT, AcnON OR PROCEEDING by the Obligee to recov&r on this hood mall be 8\lStained unless the same be commenced within two years followine date on which Principal ceased work on nid Contract. S-'T'!l71EP &/00 Stonebraker McQuary Agency Group P.O. Box448 Lewiston, ID 83501 POE ASPHALT PAVING, INC. By /0w/ /L 7 Principal SAFECO INSURANCE COMPANY OF AMERICA PRINTED 111 U.S.A, ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA KNOW ALL BY THESE PRESENTS: SEATTLE. WASHINGTON ge185 No. 323 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint •••PHIL STONEBRAKER; JAMES M. HEWITT; DON McQUARY; CHERYL A. ASHBY; DELLA J. ALLEN, Clarks t on, Was h i n g to its true and lawful attornll'y(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this _ _ t day of May 19 94 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article v. Section 13. - FIDELITY AND SURETY BO\IDS • • • the President. af?.1 Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business • • • On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking or the company. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Canpany setting out. The provisions of Article V, Section 13 of the By-Laws. and (ii) A copy of the power-of -attorney appointment, executed pursuant thereto. and (iii) Certifying that said power-of -attorney appointment is in futl force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors or these corporations, and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of s-g?4/EP 11g3 ® Registered trademark ot SAFECO Corporation. ---PAGE BREAK--- JUL 08 '94 10=10AM SAFE\.0 SURETY SPOKANE WA i m SAFECQ® LABOR AND MATERIAL PAYMENT BOND Conforms with Tno Amerlean lnatltute of Arr:hlte¢ta AJ.A. Document No. A-311 P.4 SAFECO INSANCf COMPANY OF AM!RICA GENERAL INSANCE COMPANY OF AMERICA FIRST NAiiONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASI'INCTON eat8!i Bond No. 5835102 THIS SONO IS ISSuEO SIMULTANEOUSLY WITH PERF̢MANCE BONC IN FAVOR OF THE OWNER CONOITIOtEO ON THE FULL AND FAI THFU PEFQ!lMANE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Poe Asphalt Paving, Inc., PO Box 449, Lewiston ' I D 8 35 01 (Here insert lull n.!lme and address or legal title of Contrc)Ctorl as Principal. hereinafter tailed Principal. and. SAFECO INSURANCE COMPANY OF AMERICA. a Washington DollJIS 7 2 , 687 . 7 2 !or the payment whereof Principal and Surety bind themselves. their heirs. executors. adminlstutors. successors and jointly and sevenlly. firmly by these presents. WHEREAS. Principal has by written agyeement dated 19 • entered into a. wltb Owner !or NUrsery Street L.I.D. #119