19-D HMAC Overlay AwardMEMORANDUM
To:
From:
Subject:
Date:
Michael Malone, City Manager
Terry Townsend, Director of Public Wo
Bid Tabulation and Reeommendati0n --
July 3, 2002
The following bids were received at a bid opening on Tuesday, July 2, 2002 at 3 p.m.,
for the 2002 HMAC Overlay Program.
It is my recommendation to award the bid to the low bidder, APAC - Texas Inc./Buster
Paving Division, P.O. Box 278 Brashear, Texas 75420.
APAC - Texas Inc./Buster Paving Division
P.O. Box 278
Brashear, Texas 75420
No. Item
1. Power operated planing machine
with personnel
2. 12 yard dump truck with driver
3. Hot mix asphaltic concrete, type D
installed. (TxDOT Item 340)
Estimated
Quantity
50 hours
225 hours
7800 tons
Unit Price Total Price
$475.00 $ 23,750.00
$ 34.00 $ 7,650.00
$ 34.85 $271,830.00
TOTAL BASE BID PRICE $303,230.00
Bid Tabulation and Recommendation, continued
Richard Drake Construction Company L.P.
6290 Hwy 271 N.
Powderly, Texas 75473
No. Item
1. Power operated planing machine
with personnel
2. 12 yard dump truck with driver
3. Hot mix asphaltic concrete, type D
installed. (TxDOT Item 340)
Estimated
Quantity
Unit Price Total Price
50 hours $375.00 $18,750.00
225 hours
7800 tons
$ 32.50 $ 7,312.50
$ 37.79 $294,762.00
TOTAL BASE BID PRICE
$320,824.50
TT/as
DRAFT
J:kAttorney\LisakResolutions\CURRENTkHMAC Street Overlay Award 2002.wpd
July 5, 2002
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE 2002 CITY STREET HMAC
OVERLAY PROGRAM; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of June,
2002, in Resolution No. 2002-101, approve the plans and specifications and authorize the
advertisement for bids for furnishing labor, materials, and equipment and for performing all
work required for the "2002 City Street HMAC Overlay Program," which bids were received
until 3:00 o'clock p.m., Tuesday, the 2nd day of July, 2002; and,
WHEREAS, the best bid for such construction was made by APAC - Texas Inc., Buster
Paving Division, of Brashear, Texas, and it should be awarded the bid for the same; and,
WHEREAS, the form of the contract for such project, attached hereto as Exhibit A,
should, in all things, be approved, and the Mayor should be authorized to execute the same;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the bid ofAPAC - Texas Inc., Buster Paving Division, for the "2002 City
Street HMAC Overlay Program" in the amount of $303,230.00, be, and the same is hereby,
accepted and let conditioned upon said contractor meeting all of the terms and specifications
included in the bid documents.
Section 3. That the form of the contract with APAC - Texas Inc., Buster Paving
Division, attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, the contract with APAC - Texas Inc., Buster Paving Division, upon
the terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 5. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 8th day of July, 2002.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
July 7, 2002
LETTER OF AGREEMENT
The Honorable Mayor and City Council
City of Paris
P.O. Box 9037
Paris, Texas 75461-9037
Re: 2002 City Street Overlay Program
Dear Sir:
APAC - Texas, Inc.,
Buster Paving Division hereby agrees to provide to the City of Paris, at the unit
prices bid, all materials, tools, equipment and labor necessary for the proper completion of the
work as specified in accordance with bid form, specifications, list of projects and standard general
conditions attached.
City of Paris Contractor
Michael J. Pfiester, Mayor
A'L-~'~-ST:
APAC - Texas, Inc.,
Buster l~aving Division
Hatt::[e Cnnn~_nghnm, C:[ty C~erk
APPROVED AS TO FOlOl:
La~y W. Schenk, City Attorney
EXHIBIT
JUL 0 2 2o 2
CITY MANAGER
pARIS, TEXAS
PROJECT:
ADVERTISEMENT FOR BIDS
2002 CITY STREET HMAC OVERLAY PROGRAM
PROJECT NO. 46.55
PUBLISH PARIS NEWS
DATE: JUNE 23, 2002
DATE: JUNE 30, 2002
OWNER: CITY OF PARIS, PARIS, TEXAS
Sealed bids for the fumishing, delivery and installation of planing, hauling of salvaged
asphaltic materials and the installation of hot mix asphaltic concrete pavement with other appurtenant
construction, complete in place, will be received by the City of Paris, Paris, Texas, at the office of
City Manager, City Hall, 135 1st SE Street, Paris, Texas 75460, until Tuesday July 2, 2002, at 3:00
P.M., and then publicly opened and read aloud.
Contract Documents may be examined at the following place(s)
PUBLIC WORKS OFFICE
50 W. Hickory St.
P.O. Box 9037
Paris, Texas 75461-9037
Bids must be submitted on the bid form included in the Contract Documents. Bid Security
in the form and amount as stated in Instruction to Bidders must be submitted with each bid.
All Bids shall remain open for 60 days after the Bid opening.
The City of Paris, Paris, Texas, as OWNER, Reserves the right to waive any and all
informalities and to reject any and all bids.
City of Paris
Paris, Texas
City Clerk
Mattie Curmingham
PROJECT IDENTIFICATION:
BID FORM
2002 City Street HMAC Overlay Program
CONTRACT IDENTIFICATION AND NUMBER: Project No. 46.55
THIS BID IS SUBMITTED TO:
The Honorable Mayor and City Council
City Hall
135 S.E. 1st Street
Pads, Texas 75460
1. The underSigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement
with CITY in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the other terms and conditions of the Contract
Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instmctlons to Bidders, including without limitation those dealing with the disposition of Bid security.
This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will
sign and submit 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 copies of all the Bidding Documents and of the following Addenda,
receipt of all which is hereby acknowledged.
Date
Number
(b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work site,
locality, and all local conditions and Laws and Regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
(c) BIDDER has given CITY written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to
BIDDER.
(d) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, finn
or corporation and is not submitted in conformity with any agreement or roles of any group,
association, organization or corporation; BIDDER has not directly or indirectly induced or solicited
any other Bidder to submit a false or sham 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.
4. BIDDER will complete the work for the following price(s):
UNIT PRICE SCHEDULE
ESTIMATED
NO. ITEM QUANTITY
1. Power operated planing machine with
personnel
2. 12 yard dump truck with driver
3. Hot mix asphaltic concrete, type D
installed. (TxDOT Item 340)
UNIT TOTAL
PRICE PRICE
50 houis
225 hours
7800tons
$
$/8, 750.00
s fl,
$ 7 2. oo
x,] /~use words) g/~]~ (figures)
BIDDER agrees that the Work will be substantially complete within 30 calendar days after the date
when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment within 31 calendar days after the date when the Contract Time
commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work on time.
The following documents are attached to and made a condition of this BID:
(a) Required Bid Security in the form of 5% bid bond or cashier's check made payable to the City.
Communications concerning the Bid shall be addressed to the address of BIDDER indicated below.
The terms used in this Bid which are defined in the General Conditions of the Construction Contract
included as part of the Contract Documents have the meanings assigned to them in the General
Conditions.
SUBMITTED ON July 2,
,2002.
If BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:
(SEAL)
Phone Number:
A Partne~ __ ~
(Firm Name)
(General Partner)
Phone Number:
/_.LC
¢7gl
A Corporation
By
(Corporation Name)
(State of Incorporation)
By
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal)
Attest
(Secretary)
Business address:
Phone Number:
A Joint Venture
By
ame)
By
(Address) ..
(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.)
Bid Bond
SURETY DEPARTMENT
Conforms with the American Institute of
Architects, A.I.A Documents No. A-310
KNOW ALL MEN BY THESE PRESENTS,
Richard Drake Construction Company, L.P.
as Principal
herinafter called the Principal, and Westfield Insurance Company
the laws of the State of Ohio whose principal office is in Westfield Center
hereinafter called the Surety, are held and firmly bound unto City of Paris
corporation created and existing under
as Surety,
as Obligee
hereinal~er called, the Obligee
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID
Dollars ($ 5% GAB )
for the payment of which sum, well and truly to be made, thc said Principal and the said Surety, bind oarselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents
Whereas, the Principal has submitted a bid for 2002 City Street HMAC Overlay Program - Proiect # 46.55
NOW, THEREFORE, if the Obligce shall accept the bid of the Principal and the PrinciPal shall enter into a contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or conWant documents with good and
sufficient surety for the faithful performance of such con~ract and for the prompt payment of labor and material furnished in the prosecution
thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee
the difference not to exceed the penalty hereof betwcen the amount specified in said bid and such larger amount for which the Obligee may in
good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in
full force and effect
Signed and sealed this 2~ dayofJuly~ 2002
Richard Drake Co!a~truction Company~ L P
~(SEAL)
t~g~, eld Insurance Company
Attorney-in-fact
GeHerul POWER NO. 4~012 00
P°wer
o, or, ey Wes eld Insurance Co
=ERTIFIED COPY
Westfield Center, Qhio
Know All Men by The~e Pre~enz~, That WESTFIELD INSURANC~ coMPANY, a corporation d[~y orgardzed er~ ex~tlng under tho laW~
RZOrl~O ~. ~, ~ ~. ~, ~ C. ~, ~ p. ~, ~ FI~, ~ ~,
~ ~, ~I~Y ~ ~y
UM~A~oN: THI~ p~ OF A~OR~ ~T ~ ~ ~ ~E~E NO~ GU~E, ~OAGE DE~OIE~,
.
Joel to ~ h~ a~xeo T~IS ~ay of ~A.D., ~
WESTFIELD INSURANCE COMPANY
mia ~b-~laay o1 ~ A.D.. 2~[~ba~ore me personally came Richard L KJnltah~. Jr., to me known, who. 13e~ng i3y me euly
Sta~e ol Oh;o James M. Walke~ Notary laub/i¢
County of M~lina My C~mtssl~ ~ N~ ~m
aPOAW2 (03~9)
PUBLISH PARIS NEWS
DATE: JUNE 23, 2002
DATE: JUNE 30, 2002
PROJECT:
ADVERTISEMENT FOR BIDS
2002 CITY STREET HMAC OVERLAY PROGRAM
PROJECT NO. 46,55
OWNER: CITY OF PARIS, PARIS, TEXAS
Sealed bids for the fumishing, delivery and installation of planing, hauling of salvaged
asphaltic materials and the installation of hot mix asphaltic concrete pavement with other appurtenant
construction, complete in place, will be received by the City of Paris, Paris, Texas, at the office of
City Manager, City Hall, 135 pt SE Street, Paris, Texas 75460, until Tuesday July 2, 2002, at 3:00
P.M., and then publicly opened and read aloud.
Contract Documents may be examined at the following place(s)
PUBLIC WORKS OFFICE
50W. Hickory St.
P.O. Box 9037
Pads, Texas75461-9037
Bids must be submitted on the bid form included in the Contract Documents. Bid Security
in the form and amount as stated in Instruction to Bidders must be submitted with each bid.
All Bids shall remain open for 60 days after the Bid opening.
The City of Pads, Pads, Texas, as OWNER, Reserves the right to waive any and all
informalities and to reject any and all bids.
City of Paris
Pads, Texas
City Clerk
Mattie Cunningham
Bid Bond
SURETY DEPARTMENT
Conforms with the American Institute of
Architects, A.I.A Documents No. Aa310
KNOW ALL MEN BY THESE PRESENTS,
That we, APAC-TEXAS, INC., BUSTER PAVING DMSION
as Principal
herinafier called the Principal, and LIBERTY MUTUAL INSURANCE COMPANY a corporation created and existing under the
laws ofthe State of MASSACHUSETTS whose principal office is in BOSTON asSurety, hereinafter called the Surety,
are held and firmly bound unto CITY OF PAlRS as Obligee,
hereinafter called the Obligee,
in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID
Dollars ($ 5% GAB )
for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents
Whereas, the Principal has submitted a bid for 2002 CITY STREET HMAC OVERLAY PROGRAM
NOW, THEREFOR. E, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or enntract documents with good and
sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution
thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee
the difference not to exceed the penalty heranf between the amoum specified in said bid and such larger amount for which the Obligee may in
good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in
fall force and effect
Signed and sealed this 2nd day of July~ 2002
LIBERTY MUTUAL INSURANCE COMPANY
(SEAL)
ARomcy-in-fact
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 7 5 4' 1 9 7
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except In the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATI'ORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance companY, pursuant to a~dby autho~i~ Of the BY~!aw and Authorize!ion here halter: set forth, does hereby name,
constitute and appoint, jERRy A. KIERR, JAMES W. LEEKER, TONY ~iERR0~ii CAGAN MORGAN, RICHARD W. DAIKER.
ALL OF THE CITY OF ROCKWALL; STATE OF TEXAS ....... ;;~;;; ........ ;;~;;~ ....... ~;;i;~ ............. ;;i~;;;; .....................................
each individually if there be more than one named its true and iawfu[ att0mey-in-fact tO make, ex~bate~ se~!, aCkh0Wledge and deliver, for and on its
behalf as surety and as its act and deed any and all undertakthgs; bonds~ recognizances and other Surety obligations in the penal sum not exceeding
-- T~VFNTM. FIVI= MILLII3N AND OO/1OO~;~~ DOLLARS ($ 25,000,000.00'~'~'~*~ ) each, and the execution of such bonds or
undertakings, 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 secretary of the 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:
ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer or other official 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.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. El[iott 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 above set forth are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 19th day of January 2001 .
' LIBERTY MUTUAL ~NSURANCE COMPANY
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
SS
On this 19th da~ of January , A.D, 2001 before me, a Notanj Public, personally came the individual, known to
me to be the Company who executed the preceding instrument, and he acknowted-
ged that he executed preceding instrument is the corporate ;Seal of said company; and that said corporate
seal and his and subscribed to the sa d nstrument by authority and direction of the said company.
set my hand _a, nd affix~y official se~[ at Plymou~ Meeting, P.,~, the day and year first above written.
Notary Public
I, ~l Insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full, true copy, is in full force and effect on the date of this certificate; and I~do k~rther certify that the officer who executed the
said power of attorney was one of the officers specially authorized by rne chairman or the president to appoint any attorney-in-fact as provided in Article
XVI, Section 5 of the By-laws of Liberty Mutual Insurance Comoany.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly sailed 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 e certified
copy of any oower of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
though manually affixed.
IN TESTIMONY WHEREOF. I nave hereunto subscribed my name and affixed the corporate seal of the said company, this~ ~ ~ C~ clay of
PROJECT IDENTIFICATION:
BID FORM
2002 City Street HMAC Overlay Program
CONTRACT IDENTIFICA'i'ION AND NUMBER: Project No. 46.55
THIS BID IS SUBMITTED TO: The Honorable Mayor and City Council
city Hall
135 S.E. 1st Street
Pads, Texas 75460
1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement
with CITY in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the other terms and conditions of the Contract
Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.
This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will
sign and submit 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 copies of all the Bidding Documents and of the following Addenda,
receipt of all which is hereby acknowledged.
Date Number
(b) BIDDER has familiadzed itself with the nature and extent of the Contract Documents, Work site,
locality, and all local conditions and Laws and Regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
(c) BIDDER has given CITY written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to
BIDDER.
(d) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm
or corporation and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation; BIDDER has not directly or indirectly induced or solicited
any other Bidder to submit a false or sham 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.
4. BIDDER will complete the work for the following price(s):
UNIT PRICE SCHEDULE
NO. ITEM
1. Power operated planing machine with
personnel
2. 12 yard dump truck with driver
ESTIMATED UNIT TOTAL
QUANTITY PRICE PRICE
50 hours ' $ .~"1 ~ $ ~'~. "l ~ rD
225hours $ ~::~4 oo $ '"I:(.oSC3 oo
3. Hot mix asphaltic concrete, type D
installed. (TxDOT Item 340)
7800tons
TOTAL BASE BD PRICE "ly40 t-,,,,,a~u:,clb .e "l'v~,,'~-~-~ ~%x:~_L~.($ ~:~O"5:~. (use words) (figures)
BIDDER agrees that the Work will be substantially complete within 30 calendar days after the da:,
when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, ac_,5
completed and ready for final payment within 31 calendar days after the date when the Contract Ti.me
commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure rc
complete the Work on time.
The following documents are attached to and made a condition of this BID:
(a) Required Bid Security in the form of 5% bid bond or cashier's check made payable to the Ci~'.
Communications concerning the Bid shall be addressed to the address of BIDDER indicated below.
The terms used in this Bid which are defined in the General Conditions of the Construction Contrez:
included as part of the Contract Documents have the meanings assigned to them in the Gener?-2
Conditions.
SUBMITTED ON July 2, ,2002.
If BIDDER is:
An Individual
By
(SEAL)
(Individual's Name)
doing business as
Business address:
Phone Number:
A Partnershin
By
.(SEAL)
(Firm Name)
(General PartneO
Business address:
Phone Number:
A Corporation
By A"~A~.!_--T'~A~, :Die_
(Corporation Name)
(Name of Person Authorized to Sign)
(Title)
Attest(Corporate~Seal)
(Secretary)
Business address: -'~O BO Y,. 7'"1 ~
Phone Number:
A Joint Venture
By
(Address)
By
(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.)