Contract - Tecta America - 2018-01-25 PUBLIC WORKS AGREEMENT
HQ Roof Repair
Tecta America
This agreement (hereafter "AGREEMENT") is made and entered into this 25th
day of January, 2018, by and between the Costa Mesa Sanitary District, a sanitary
district (hereafter "DISTRICT"), and Tecta America, a corporation (hereafter
"CONTRACTOR").
1. Scope of the Work. CONTRACTOR agrees to furnish to DISTRICT all
labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately perform the services described in Exhibit "A,"
attached hereto and incorporated by reference. The services described in Exhibit "A"
shall be referred to as the "PROJECT." The PROJECT shall be subject to, and
performed in accordance with, this AGREEMENT, the attached exhibits, and all
applicable local, state, and federal laws, rules, and regulations.
li 2. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR
agrees to accept in full payment for all work agreed to herein the sum of: One
Hundred Forty Seven Thousand Four Hundred Dollars ($147,400.00).
3. Time of Performance and Liquidated Damages. Time is of the
essence of this AGREEMENT. The work shall commence within five (5) days of
DISTRICT issuing a "Notice to Proceed" and shall be completed within fifteen (15)
working days thereafter. CONTRACTOR shall forfeit as liquidated damages the
amount of two hundred fifty Dollars ($250.00) per calendar day to compensate
DISTRICT for the loss of use of the public facility. The parties agree that liquidated
damages only measure the damage to the public caused by loss of use or untimely
completion of a public facility and that actual damages may also be recovered in
addition to liquidated damages. DISTRICT may deduct liquidated damages and
actual damages from payments owed to CONTRACTOR.
4. Extra Work and Change Orders. At any time during the term of
this AGREEMENT, DISTRICT may request that CONTRACTOR perform EXTRA
WORK. "EXTRA WORK" means any work that is necessary for the proper
completion of the PROJECT but which the parties did not reasonably anticipate
would be necessary at the time of execution of this AGREEMENT or work outside of
this AGREEMENT that is requested by DISTRICT. CONTRACTOR shall not
perform, nor be compensated for, EXTRA WORK without a written change order
that is authorized and signed by DISTRICT. The written change order requirement
cannot be waived.
If CONTRACTOR encounters conditions that require EXTRA WORK,
CONTRACTOR must notify DISTRICT in writing in a written change order request
within fifteen (15) days of encountering said conditions. The failure to submit a
written change order request shall constitute a waiver of CONTRACTOR's claim for
additional time or compensation for EXTRA WORK. The written change order
requirement cannot be waived.
The following formula shall be used to measure CONTRACTOR's damages
or EXTRA WORK. CONTRACTOR shall be limited to the following:
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5000)
Subcontracted work 5% (work in excess of first
$5000)
Specialty Subcontracting 5% (Provided at least three
(required by EXTRA WORK) competitive bids are
obtained and
II'I contractor selected the
lowest bidder)
Excluded from recovery shall be "Eichleay damages" including, but not limited
to, home office overhead, insurance and bonding costs, lost bonding capacity, lost
profits, and lost interest.
CONTRACTOR acknowledges that CONTRACTOR's recove • damages
or EXTRA WORK is limited as provided in this paragraph.
CON' RA •R's
Initiate
5. Contractor's Performance and Qualifications. CONTRACTOR
shall perform all services required under this AGREEMENT in a skillful and
competent manner, consistent with the standards generally recognized as being
employed by persons and professionals in the same discipline in the State of
California. CONTRACTOR represents and maintains that it is skilled in the calling
necessary to perform the PROJECT. CONTRACTOR warrants that all employees
and subcontractors have sufficient skill and experience to perform the services
assigned to them. CONTRACTOR represents that it, its employees, and
subcontractors have all of the licenses, permits, qualifications, and approvals that
are legally required to perform the PROJECT, including a City Business License,
and that such licenses and approvals shall be maintained throughout the term of this
AGREEMENT. CONTRACTOR agrees that CONTRACTOR has the contractor's
license required to do this job, and any other contractor's license requested by
DISTRICT, and that CONTRACTOR's License No is: f////f
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6. Bidding. This paragraph only applies if this AGREEMENT was
awarded following a competitive bid. If CONTRACTOR submitted a subcontractors
list, CONTRACTOR may only substitute a listed subcontractor by complying with the
Subletting and Subcontracting Fair Practices Act. (See Public Contract Code §§
4100 et seq.) CONTRACTOR cannot perform work using a subcontractor who is
debarred. CONTRACTOR hereby assigns unfair business practices claims (Clayton
Act and Cartwright Act) to the DISTRICT. CONTRACTOR declares by signing this
AGREEMENT that CONTRACTOR did not collude to obtain this job. (Public
Contract Code § 7106.)
7. Prevailing Wages. This is a Public Work. (Labor Code § 1781.) This
job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires
compliance with the prevailing wage law. (Labor Code §§ 1720 et seq.) As such,
DISTRICT will ascertain the prevailing wages to be paid on this job from the Director
of Industrial Relations. Said amounts are listed at
http://www.dir.ca.gov/dIsr/pwd/index.htm. CONTRACTOR understands that
CONTRACTOR is required to pay prevailing wages, unless exempt, and is required
to maintain prevailing wage records and comply with statutory requirements relating
to certified copies of payroll records. (Labor Code § 1776.) CONTRACTOR shall
defend, indemnify, and hold DISTRICT, its elected officials, officers, employees, and
agents free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the prevailing wage laws.
CONTRACTOR recognizes that state law makes eight (8) hours a legal day's
work, and any worker working in excess of that time must be paid overtime. (Labor
Code § 1810.) Statutory provisions for penalties for failure to comply with wage and
hour laws will be enforced. (Labor Code §§ 1775, 1813.)
CONTRACTOR must comply with statutory requirements relating to the
employment of apprentices. (Labor Code § 1777.5.)
8. Workers' Compensation. CONTRACTOR must secure the payment
of workers' compensation to its employees. (Labor Code § 1860; Civil Code § 3400.)
By signing this AGREEMENT, CONTRACTOR acknowledges the following:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
9. Progress Payments. Progress payments may be authorized if this
job will take in excess of thirty (30) days. DISTRICT agrees to promptly make
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progress payments on undisputed and properly submitted payment requests within
thirty (30) calendar days and to comply with the provisions of Public Contract Code
Section 20104.50.
If this AGREEMENT is for at least Five Thousand Dollars ($5,000.00) and
progress payments are made, DISTRICT will retain five percent (5%) of the total
contract amount until sixty (60) days after the notice of completion is filed. (Public
Contract Code §§ 7107, 9203.) CONTRACTOR may substitute securities in lieu of
retention pursuant to Public Contracts Code Section 22300.
10. Insurance.
A. Time for Compliance. CONTRACTOR shall not commence
work under this AGREEMENT until it has provided evidence satisfactory to
DISTRICT that it has secured all insurance required under this section. In addition,
CONTRACTOR shall not allow any subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to DISTRICT that the
subcontractor has secured all insurance required under this section.
B. Minimum Requirements. CONTRACTOR shall, at its
expense, procure and maintain for the duration of the AGREEMENT insurance
against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the AGREEMENT by CONTRACTOR, its
agents, representatives, employees, or subcontractors. CONTRACTOR shall also
require all of its subcontractors to procure and maintain the same insurance for the
duration of the AGREEMENT. Such insurance shall meet at least the following
minimum levels of coverage:
i. Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability Insurance
Services Office Commercial General Liability coverage (occurrence form CG 0001);
(2) Automobile Liability: Insurance Services Office Business Auto Coverage form
number CA 0001, code 1 (any auto); and (3) Workers' Compensation and
Employer's Liability: Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
ii. Minimum Limits of Insurance. CONTRACTOR shall
maintain limits no less than: (1) General Liability: One Million Dollars
($1,000,000.00) per occurrence for bodily injury, personal injury, and property
damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to
this AGREEMENT/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability: One Million Dollars ($1,000,000.00) per
accident for bodily injury and property damage; and (3) Workers' Compensation and
Employer's Liability: Workers' Compensation limits as required by the Labor Code of
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the State of California. Employer's Liability limits of One Million Dollars
($1,000,000.00) per accident for bodily injury or disease.
C. Insurance Endorsements. The insurance policies shall
contain the following provisions, and a separate endorsement stating to add the
following provisions to the insurance policies shall be submitted and approved by
DISTRICT:
i. General Liability. The general liability policy shall be
endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees,
agents, and volunteers shall be covered as additional insureds with respect to the
work or operations performed by or on behalf of CONTRACTOR, including
materials, parts, or equipment furnished in connection with such work; and (2) the
insurance coverage shall be primary insurance as respects DISTRICT, its directors,
officials, officers, employees, agents, and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of CONTRACTOR's scheduled underlying
coverage. Any insurance or self-insurance maintained by DISTRICT, its directors,
officials, officers, employees, agents, and volunteers shall be excess of
CONTRACTOR's insurance and shall not be called upon to contribute with it in any
way.
ii. Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with
respect to the ownership, operation, maintenance, use, loading, or unloading of any
auto owned, leased, hired, or borrowed by CONTRACTOR or for which
CONTRACTOR is responsible; and (2) the insurance coverage shall be primary
insurance as respects DISTRICT, its directors, officials, officers, employees, agents,
and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of
CONTRACTOR's scheduled underlying coverage. Any insurance or self-insurance
maintained by DISTRICT, its directors, officials, officers, employees, agents, and
volunteers shall be excess of CONTRACTOR's insurance and shall not be called
upon to contribute with it in any way.
iii. Workers' Compensation and Employer's Liability
Coverage. The insurer shall agree to waive all rights of subrogation against
DISTRICT, its directors, officials, officers, employees, agents, and volunteers for
losses paid under the terms of the insurance policy which arise from work performed
by CONTRACTOR.
iv. All Coverages. Each insurance policy required by this
AGREEMENT shall be endorsed to state that: (A) coverage shall not be
suspended, voided, reduced, or canceled except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to DISTRICT; and
(B) any failure to comply with reporting or other provisions of the policies, including
7
breaches of warranties, shall not affect coverage provided to DISTRICT, its
directors, officials, officers, employees, agents, and volunteers.
D. Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on
the scope of protection afforded to DISTRICT, its directors, officials, officers,
employees, agents, and volunteers.
E. Deductibles and Self-Insured Retentions. Any deductibles or
self-insured retentions must be declared to and approved by DISTRICT.
CONTRACTOR shall guarantee that, at the option of DISTRICT, either: (1) the
insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects DISTRICT, its directors, officials, officers, employees, agents, and
volunteers, or (2) CONTRACTOR shall procure a bond guaranteeing payment of
losses and related investigation costs, claims, and administrative and defense
expenses.
F. Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do
business in California, and satisfactory to DISTRICT.
G. Verification of Coverage. CONTRACTOR shall furnish
DISTRICT with original certificates of insurance and endorsements effecting
coverage required by this AGREEMENT on forms satisfactory to DISTRICT. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf and shall be on forms
provided by DISTRICT if requested. All certificates and endorsements must be
received and approved by DISTRICT before work commences. DISTRICT reserves
the right to require complete, certified copies of all required insurance policies, at
any time.
11. Safety and Site Condition. CONTRACTOR shall perform all
operations with due regard for safety and in strict compliance with all applicable laws
relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a
clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust-
palliate all working areas and access routes, if applicable. All operations shall be
conducted by CONTRACTOR so that no fire hazards are created.
12. Indemnification. CONTRACTOR shall defend, indemnify, and hold
the DISTRICT, its officials, officers, employees, and agents free and harmless from
any and all claims, demands, causes of action, expenses, liabilities, losses,
damages, and injuries to property or persons, including wrongful death, where the
same arise out of, pertain to, relate to, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this AGREEMENT by
CONTRACTOR or by any individual or entity for which CONTRACTOR is legally
8
liable, including, but not limited to, officers, agents, employees, or subcontractors of
CONTRACTOR, save and except that caused by DISTRICT's sole or active
negligence or willful misconduct.
13. Bonds. If this PROJECT is over Twenty-Five Thousand Dollars
($25,000.00), CONTRACTOR must post a payment (labor and materials) bond on
DISTRICT's form. (Civil Code § 9550.) No work shall be performed until all
insurance and bonds required by this AGREEMENT are on file and this
AGREEMENT has been properly executed.
14. Warranty. CONTRACTOR shall perform, at its own cost and expense
and without reimbursement from DISTRICT, any services necessary to correct
errors or omissions which are caused by CONTRACTOR's failure to comply with the
standard of care provided for herein. CONTRACTOR shall guarantee work done on
the PROJECT for a one-year (1) period commencing on the date of substantial
completion. CONTRACTOR shall warrant that all services provided and equipment
installed shall perform in a workmanlike manner and be fit for its particular purpose.
15. Termination. DISTRICT reserves the right to terminate this
AGREEMENT at any time, with or without cause. CONTRACTOR will be entitled to
payment for work performed up until receipt of the notice of termination unless
CONTRACTOR was in default in CONTRACTOR's performance.
Any employee of CONTRACTOR or its subcontractors who is determined by
DISTRICT to be uncooperative, incompetent, a threat to the adequate or timely
completion of the PROJECT, or a threat to the safety of persons or property, or any
employee who fails or refuses to perform PROJECT in a manner acceptable to
DISTRICT, shall be promptly removed from the PROJECT by the CONTRACTOR
and shall not be re-employed to perform any of the PROJECT.
16. Miscellaneous. DISTRICT acknowledges that if it provides
CONTRACTOR with locations of underground pipelines, and DISTRICT is incorrect
and those utilities must be relocated, DISTRICT will pay for those relocation costs in
accordance with statutory requirements. (Government Code § 4215.)
CONTRACTOR agrees to provide DISTRICT with notice of any hazardous
materials or subsurface or latent physical site conditions if encountered if this work
involves excavations deeper than four feet (4'). If this work exceeds Twenty-Five
Thousand Dollars ($25,000.00) and the excavations exceed five feet (5'),
CONTRACTOR must provide a detailed trenching plan. (Public Contracts Code §
7104; Labor Code § 6705.)
9
DISTRICT shall give CONTRACTOR timely notice of third-party claims.
For claims that are less than Three Hundred Seventy-Five Thousand Dollars
($375,000.00), the provisions of Public Contracts Code Sections 20104 et seq.
(Article 1.5 — Resolution of Construction Claims) shall be followed.
CONTRACTOR is and shall at all times remain as to DISTRICT an
independent contractor. No employee benefits shall be available to CONTRACTOR
in connection with the performance of this AGREEMENT. Except for the fees paid
to CONTRACTOR as provided in this AGREEMENT, DISTRICT shall not pay
salaries, wages, or other compensation to CONTRACTOR for performing any
services hereunder for DISTRICT. DISTRICT shall not be liable for compensation
or indemnification to CONTRACTOR for injury or sickness arising out of performing
any services hereunder.
This AGREEMENT shall be interpreted in accordance with the laws of the
State of California. Any action brought between the parties shall be commenced in
the superior or federal district court with jurisdiction over the DISTRICT.
This AGREEMENT and the attachments hereto shall contain the entire
agreement between the parties. This AGREEMENT cannot be modified except in a
writing signed by both parties. In the event of inconsistency between this
AGREEMENT and any attachment hereto, this AGREEMENT shall control in all
respects.
CONTRACTOR shall provide DISTRICT with drawings of the Construction in
its "as built" condition.
COSTA MESA SANITARY DISTRICT CONSULTANT Tit's'). temmem Vet $0• `" ►4-
Tecta America Southern California, Inc.
Approved by. Reviewed and Accepted by:
So.ItoE S
General Manager Name
Signature:
Title: �I�.tS •
Approved as to Form:
10
arekLit
Harper & Burns LLP
District Counsel
11
Exhibit A
Scope of Work
CMSD Headquarters has a flat roof that is covered with built up asphalt membrane
system (BUR). The built up roof system consist of multiple layers of felts, fabrics
and/or mats that are saturated with t bitumen,
iether asphalt or coal tar pitch. The
surface is made up of a mineral cap sheet to help protect the bitumen and felts from
premature weather. The age of the membrane is unknown.
This is not a full demo and new single ply roof. CMSD is only going to demo what is
needed (e.g. ridges, bad areas and ponding areas).
The material recommended is 60 mills hi-performance PVC membrane, or equal.
White in color. Title 24 compliant.
The following scope of services will be provided.
1. Remove existing layer of roofing where necessary and haul away all debris.
2. Prep middle and perimeter edge to assure substrate is as flat as possible.
3. Furnish and install one layer of secure rock, or dens-deck and attach to
deck with 6 screws and plates per sheet.
4. Improve ponding deflections with rigid tapered insulation system.
5. Mechanically attach membrane and secure to deck as required by
manufacturer.
6. Attach material at 12" on center for field and 6" on center at perimeter.
7. Remove all counter flashing and install new 24 gauge counter flashing as
needed.
8. Flash all penetrations per manufacturer's specifications and install stainless
steel screws with neoprene washers.
9. All welds over 10 feet to be done with Leister welder to form a monolithic
bond.
10.Install pipe boots (or wrap method) on all penetrations and seal with water cut
off mastic and stainless steel clamping bands.
11.Install new clad metal flashings and seal with one part pourable sealer as
needed.
12.Install all screws, plates, and any other accessories as needed for warranty.
13.Install 24 GA, custom metal coping on wall-tops, with bonderized finish.
14.Provide flashing solutions inside screen, up to 108 existing pitch pan bases.
15.Furnish and install walk pads from roof hatch to center HVAC units
16.Furnish material and Install 24G galvanized (2x4 —2x6) coping around entire
perimeter up to 600'
12
13
Request for Taxpayer
Form Give Form to the
(Rev.November2017) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank.
Tecta America Southern California,Inc.
2 Business name/disregarded entity name,if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
m following seven boxes. certain entities,not individuals;see
a instructions on page 3):
p ❑ IndividuaVsole proprietor or 0 C Corporation 0 S Corporation ❑ Partnership 0 Trust/estate
rn single-member LLC
y Exempt payee code(if any)
0 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
L. Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
• rn LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any)
another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that
a 2 is disregarded from the owner should check the appropriate box for the tax classification of its owner.
w
V ❑ Other(see instructions)► (Applies to accounts maintained outside the U.S.)
to 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional)
in 1217 East Wakeham Avenue
6 City,state,and ZIP code
Santa Ana,CA 92705
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — —
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN,later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
0 1 - 0 6 2 9 1 5 3
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.Yo rocs 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all int rest and dividends o our tax return.For real estate transactions,item 2 does not appl .For mortgage interest
paid,
acquisition or abandonment o ecured property,can ellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividend , ou are not requ d to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of
Here u.s.person,- Date f. January 2, 2018
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise
•Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9. •Form 1099-S
(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident
(EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN.
amount reportable on an information return.Examples of information
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.11-2017)
11•••••OP=
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LJE1 STATE LICENSE BOARD ,
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Any change of business address/name must be reported to the Registrar within SO days;
This license is riottransferrable,and-shall be returned•tothe Registrar
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if found,drop in any mailbox.
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