6-3-1958 Packet
GOM'ON~EALTl+ OF VII~G~If\-
F. A. DAVIS. COMMISSIONER
D. B. FUGATE
DEPUTY COMMISSIONER 80 CH1I;F ENGINEER
R. P. ELLISON, EXECUTIVE ASSISTANT
WM. R. GLIDDEN, ASSISTANT CHIEF ENGINEER
H. H. HARRIS. ASSISTANT CtllEF ENGINEER
D. N. HUDDL.E ASSISTANT CtllEF ENGINEER
GEO. D. FEl.IX, RICioHT OF WAY ENGINEER
J. P. MIl.l.S. JR..
TRAFFIC 81 PLANNING ENGINEER
G. L NUNNAl.l.Y, PURCHASINCio ACioENT
A. B. EURE. FISCAL DIRECTOR
E. P. BARROW. LAWRENCEY1LLE. VA.
G. WAl.l.ACE CARPER. Mc LEAN. VA.
S. S. FLYTHE. MARTINSYILL,E. VA.
S. D. MAY. TAl':EWELL,. VA.
BURGESS E. NELSON, MT. JACKSON, VA.
S. W. RAWl.S, FRANKLIN, VI4.
TUCKER C. WATKINS. JR., SOUTH BOlllTON. VI4.
WM. A. WRIGHT. TAPP14IiI4NNOCX. VA.
DEPARTMENT OF HIGHWAYS
RICHMOND 19. VA.
IN REPLY PLIEI4.E REFER TO
May 28, 1958
10 0010-020-025
ROUTE NO. PROJECT NO.
(Old - 4120-25)
Chesterfield County
Bridge and Approaches Falling Creek
East of Richmond
Mr. M. W. Burnett
Executive Secretary
Chesterfi~ld County
Chesterfield Court House, Virginia
Dear Mr. Burnett:
We have now received the completed plans for the above-described
work on Route 10 brought about by virtue of the construction of a dam by
Chesterfield County.
These plans were sent to us by Mr. R. Kenneth Weeks, your
Engineer, and they appear to us to be satisfactory.
We will be glad to acquire the necessary right of way for
this improvement with the understanding that we will be reimbursed by
Chesterfield County.
In checking through our records, we cannot find where we have a
definite resolution from the County asking for the change, approving the
plans and agreeing to finance the work. In order to clear our records, we
would greatly appreciate it if you could let us have as promptly as possible
a resolution to this effect. As soon as this is received, we will approve
the plans and begin the necessary right of way negotiations.
Yours very truly,
JEH .1fb
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J. E. Harwood
Location and Design Engineer
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GOMtONYVEALTl+ OF}1IRG~If\-
J. A. ANDERSON, COMMISSIONER
F. A. DAVIS.
DEPUTY COMMISSIONER Be CHIEF ENGINEER
R. P. ELLISON. EXECUTiVE: AssISTANT
WM. R. GLIDDEN, ASSISTANT CHIEF ENGINEER
H. H. HARRIS. ASSISTANT CHIEF ENGINEER
D. B. FUGATE, AssISTANT CHIl'.:F ENGINE:ER
GEO. D. FELIX. RIGHT OF WAY ENGINEER
J. P. MILLS. JR.,
TRAFFIC 8< PLANNING ENGINEER
G. L. NUNNALLY, PURCHASING AGENT
A. B. EURE, FISCAL DIR(CTOR
E. P. BARROW. LAWRENCEVILLE, VA.
G. WALLACE CARPER, Me LEAN, VA.
S. 5. FLYTHE, MARTlNSVH.LE, VA.
S. D. MAY, TAlEWELL, VA.
BURGESS E. NELSON, MT. JACKSON. VA,
S. W. RAWLS, FRANKLIN, VA.
TUCKER C. WATKINS, JR., SOUTH BOSTON, VA.
WM. A. WRIGHT. TAPPAHANNOCK, VA.
DEPARTMENT OF HIGHWAYS
RICHMOND 19. VA.
IN REPLY PlEASE REFER TO
April 28, 1958
ROUTE; NO. 10
".O'.CT "0. 0010-020-025
Mr. M. W. Burnett
Executive Secretary
Chesterfield, Virginia
(Old Proj: 4120-25)
Chesterfield County
Bridge And Approaches Falling Creek
East of Richmond
Dear Mr. Burnett:
Our Right of Way Division has just contacted me concerning the acquisition
of additional right of way required by the proposed raising of the Falling
Creek Bridge on Route 10. This is, I understand, brought about by virtue of
the construction of a dam by Chesterfield County.
I understand that this matter was discussed with Mr. F. A. Davis when he
was Chief Engineer in October 1957, and approval of the Department was indi-
cated. I also understand that the County will take care of all cost involved
incl~ding the cost of any additional right of way.
Before proceeding to acquire additional right of way, it will be necessary
for our Right of Way Division to have approved plans and it will also be
necessary for the plans to be reviewed by the Department from a standpoint
of both the road work and the structure. We would like to have full informa-
tion as to just what work is proposed including the handling of traffic dur-
ing construction.
I would appreciate it if you would have your consultants furnish us with
this information. We will need to know just what type of surfacing is pro-
posed on Route 10, and we would like to have a definite typical section; and we
would also like to have full details on what appears to be a proposed detour
including the detour bridge, etc.
I am sure you understand that we are not in any way questioning your plan
but we do want to be fully informed in regard to the proposed work, and we
must have approved plans before we can negotiate for right of way acquisition.
JEH/jmp
Cc: Mr. D. N. Huddle
Mr. G. D. Felix
Mr. A. J. Mills
Mr. A. K. Hunsberger
Mr. W. .A. LeStourgeon
Yours very truly,
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. E. Harwood, ~' ,p:(",
Location and Design Engineer':\:;,~ RE'1. R 1958 U'
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May 6, 1958
Mr. Irvin G. Horner, Chairman
Board of Supervisors
County of Chesterfield, Virginia
Dear Irvins
On April 29th. I reviewed the proposed draft of the
Chesterfield County Code in Charlottesville with Mr. Charles W.
Sublett, President, of ~achie City Publications Company, Incorpor-
sted, and Mr. James L. Jones who is in charge of our project.
The manuscript prepared is ready for printing and
it is my opinion that the County should include all changes that are
contemplated within the next few months so that the finishod product
tdll be what the County desires. ' i
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If the Board wishes to IllQke changes in any of -the
County Ordinances so that they can be included in the Code, then
these changes should be made immediately.
At the last session of the General Assembly, the State
Plwnbing Code was repealed. The County a~C)pted the State Plwnbing
Code by reference, and after June 27th. of this year, there is some
doubt as to whether or not the County'wi~l have a plwnbing Code.
Elbert Mumma has advised me that the proposed Plwnbing Code prepared
by the COl!llllittee from lIenrico, Chesterfield and Richmond is ready for
consideration and adoption. .
Does tho County desire to amend t.he subdivision ordin-
ance t.o require construction of streets, roads. drainage easements,
water facilities. fire hydrants and other improvements prior to record-
ation of the subdivision plaU Are any other changes contemplated in
the subdivision ordinance?
,Are there changes conteiaplated in the eleetrical code? ,10
I do not know whet.her or not the zoning changes that
Mr. Tarrant. will rocommend will be presented in time for inclusion in
the zoning code. If possible, tho changes in tho Zoning Ordinance
should be included in tile Code, oven if it means a delay in publishing
\'5hi~l1r Code.
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May 6, 1958
Page two
I bave, been requested by various citi2ens and police
officers of the County to present to the Board for consideration,
Ordinances requiring a icense for dealers in fire arms, prohibiting
shooting of air rifles by-chi , regulating loiter fig in public
places and curfew of children on the streets without:, parents after a
speoified'time. ' Chief Smith has recOJllJl1ended that the County adopt
the following Ordinances or amend our OrdinanOelil as foliot/s. '
1. Require oll!1lers of any dead liIIlilllal Qr fowl to ./
cremate or bury ~ame. .
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2. Prohibit the,operation of <ranee halls on Sundays /
and regulate the hours of operation.
3. Prohibit children under eighteen' (l8) to attend
publio . dances unless accompanied by. parents or legal guardians. Bx-
caption should be made for school functions.
4. Amend Pig Ordinance to prohibit location of pig
pen within 300' of public road. .
,j.. Should tlte Code inolude a regulation prohibiting
minors from frequenting pool t'OOlllS'l
Does the Board desire to include the regulations pro- vi'
posed by tir. Driskill for garbage colleotors?
If tile Board desires t~ require ,t40 numbering of houses,
then the house numbering ordinance should be inoluded in the Code.
It is my opinion that each Department of tl~ County
should be requested immediately to submit any proposed ohanges in
Ordinances regulating their departnlents so that the same mtlY be io- .
eluded in'the.new Code.
,.If no changes, are contemplated, then I shall authorize
the editors to print the manuscript. as approved by me. TheB4itors
and I are not able to inolude any.changes u.nless't.he s~eare expressly
authorized by the Board; If the Code is to accompli~h its intended
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Mr. Irvin G. Hornor
Hay 6. 1958
Page three
purpose. it Should be OOll1plete.
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co - Me. Harold T. Goyne
Mr. Marshall P. Driskill
Mr. St$llley R. Ha~ue. Jr.
Mr. Rayliaoud J. 3ri tton
Mr. if. It. Hagel'lll$ll
lIfr. M. W. Burnett
Mr. Chas. W. Sublett
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Sincerely YOUr6.
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Ernest P,. Gates
Commonwealth's 4ttorne~
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A FORM OF
AGREEMENT BETWEEN CONTRACTOR AND OWNER
ISSUED BY THE AMERICAN INSTITUTE OF AIlCHITECT8 FOR USE WHEN
THE COST OF THE WORK PLUS A FEE FOUfIJ THE BASIS OF PAYMENT.
SlXTH EDITlON-coPYltIGHT 1920-1925-1951 BY THIl AMER..ICAN INSTITUTE OF ARCHITECTS, WASHINGI'QN, D. C.
THIS FORM IS TO BE USED ONLY WITH THE INSTITUTE'S STANDARD GtNIIAL CONDmON8 OF THE CONTRACT, SIXTH EDmON,
1951, AND IT SHOULD NOT BE USED WITHOUT CAREFUL STUDY OF ITS ACCOMPANnNG "CIRCULAR OF INFORMATION."
THIS AGREEMENT made the .,...3~:!.~_._............._....mm_..._
day of ..........mM~Y..............m_'in the year nineteen hundred and .~~~Y.::~_~~~~__m....._m.
by and between .......M~~~~y..~.~~_I!!;~.~~J,~p,_9!?_~p_~y._~..~~~_._~~__~~?O~~~~_~._........
.........m.........Y.~?Og!~~...._.....m.....m._.._....mm............_.mm........m_....:..m.........mm........m.:.m..
hereinafter called the Contractor, and m?;~~..~!?!o1-.~~y..~t9~.~_~.~.C!.l_t~.l:~~_~!...y_~?Og~_~m
________......_.._______~__u.__.______________....nn.._________.......___________.n....n____......___n__......n___......n._____.no__.n___
....................._.mm.................mmm..,................m........mm... hereinafter called the Owner,
WITNESSETH, that whereas the Owner intends to ~..~~~_~_~!-:~~!-p,.m_._mm'
alterations, revisions, and repairs to the Boller Room Addition
,...._.__.J()_.t~!!'..!?_'i'.~s.~~~.~~.~~~.~~~_~!::.~.~~~~.!....................._m....._........m..................._
NOW, THEREFORE, the Contractor and the Owner, for the considerations
hereinafter named, agree as follows:
Article 1. The Work, to be Done and the Documents Forming the Contract.
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The Contractor agrees to provide all the labor and materials and to do all things
necessary for the proper construction and completion of the work shown and de-
scribed on Drawings bearing the title g.Il~.s.t~.r_f~~~.~_~()':':~:r.<:>~~~e...:s..~ti~~......._
and b r d 1 of 1, Commission 5809, and in accordance with letter
num e e _......___________............_.___....._...__........._.............._.h........_.................._.............____
dated 16 May 1958, setting forth ccrtain itcms of control. addressed to the
aiiliXac1):~~~~~J(tW~..--------
Contractor.
no ."............ _._ n." _........u ._....._ _ ...... un.... nno ....uon__.... '_n_ un _ .n. __. .no _ __nonnnn_n_n_._ UO"Oun..n.__ _ __ on on
The !lf~aid Drawings ~~~
~~~~~~~._~~.,~~~~_z.:.~~~_tl..~.'?.~~:r__l~.~~..._._.............
together with this Agreement, constitute the Contract; the Drawings, Specifications
Agreement between Contractor and Owner
Cost PIns Fee Basis-Six pages-Page 1
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Letter
arid ~ being as fully a part thereof and hereof as if hereto attached
or herein repeated, If anything in the said General Conditions is inconsistent with
this Agreement, the Agreement shall govern. .
The said documents have been prepared by ..........__~.,...l'~;;~~.:r..!;;;~.:rn9.~...A,J!_~.
therein and hereinafter called the Architect.
Article 2. Changes in the Work.
The Owner, through the'Architect, may from time to time, by written instructions
or drawings issued to the Contractor, make changes in the above-named Drawings,
U~~ issue additional instructions, require additional work or direct
the omission of work previously ordered, and the provisions of this contract shall
apply to all such changes, modifications and additions with the same effect as if they
were embodied in the original Drawings ~~~~~~
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Article 3. The Contractor's Duties and Status.
The Contractor recognizes the relations of trust and confidence established
between him and the Owner by this Agreement. He covenants with the Owner to
furnish his best skill and judgment and to cooperate with the Architect in forwarding
the interests of the Owner. He agrees to furnish efficient business administration and
superintendence and to use every effort to keep upon the work at all times an adequate
supply of workmen and materials, and to secure its execution in the best and soundest
way and in the most expeditious and economical manner consistent with the interests
of the Owner.
Article 4. Pee for Services.
In consideration of the perform'ance of the contract, the Owner agrees to pay the
Contractor, in current funds as compensation for his services hereunder ..F.01U._....h.
hundrecl and. nO/100 Dollars ( 400.00
.........-............-........-...........-.............-........-.....--.....-............-.-.--............-.-..- $--.......--.....--...---)
which shall be paid as follows: ....~J~t~~P:.~~.~p.~~~~.~.~~..a.~~.f:!~_~~~__~L...._
the work.
Article 5. Costs to be Reimbursed
The Owner agrees to reimburse the Contractor in current funds all costs neces-
sarily incurred for the proper execution of the work and paid directly by the Con-
tractor, such costs to include the following items, and to be at rates not higher than
the standard paid in the locality of the work except with prior consent of the Owner j
(a) All labor directly on the Contractor's pay roll, including social security and
old age benefit taxes and other taxes related thereto,
Agreement between Contractor and Owner
Cost Plus Fee Basilt-Six pages-Page 2
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(b) Salaries of Contractor's Employees stationed at the field office, in whatever
capacity employed. Employees engaged, at shops or on the road, in expediting the
production or transportation of material, shall be considered as stationed at the field
office and their salaries paid for such part of their time as is employed on this work.
(c) The proportion of transportation, traveling and hotel expenses of the Con-
tractor or of his officers or employees incurred in discharge of duties connected with
this work.
(d) All expenses incurred for transportation to and from the work of the force
required for its prosecution.
(e) Permit fees, royalties, damages for infringement of patents, and costs of
defending suits therefor and for deposits lost for causes other than the Contractor's
negligence.
(I) Losses and expenses, not compensated by insurance or otherwise, sustained
by the Contractor in connection with the work, provided they have resulted from
causes other than the fault or neglect of the Contractor. Such losses shall include
settlements made with the written consent and approval of the Owner. No such
losses and expenses shall be included in the cost of the work for the purpose of deter-
mining the Contractor's fee, but if, after a loss from fire, flood or similar cause not due
to the fault or neglect of the Contractor, he be put in charge of reconstruction, he shall
be paid for his services a fee proportionate to that named in Article 4 hereof,
(g) Minor expenses, such as telegrams, telephone service, expressage, and similar
petty cash items.
(h) Cost of hand tools, not owned by the workmen, canvas and tarpaulins, con-
sumed in the prosecution of the work, and depreciation on such tools, canvas and
tarpaulins used but not consumed and which shall remain the property of the Con-
tractor.
(i) Materials, supplies, equipment and transportation required for the proper
execution of the work, which shall include all temporary structures and their mainte-
nance, including sales and other taxes related thereto.
(j) The amounts of all sub-contracts,
(k) Premiums on all bonds and insurance policies called for under the Contract.
(l) Rentals of all construction plant or parts thereof, whether rented from the
Contractor or others, in accordance with rental agreements approved by the Archi-
tect. Transportation of said construction plant, costs of loading and unloading, cost of
installation, dismantling and removal thereof and minor repairs and replacements
during its use on the work-all in accordance with the terms of the said rental agree-
ments.
Agreement between Contractor and Owner
COlt Plus Pee Basia-Six pagea-Page 3
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Article 6. Costs Not to be Reimbursed.
Reimbursement of expenses to the Contractor shall not include any of the fol-
lowing:
(a) Salary of the Contractor, if an individual, or salary of any member of the
Contractor, if a firm, or salary of any officer of the Contractor, if a corporation,
(b) Salary of any person employed, during the execution of the work, in the
main office or in any regularly established branch office of the Contractor.
(c) Overhead or general expenses of any kind, except as these may be expressly
included in Article 5.
(d) Interest on capital employed either in plant or in expenditures on the work,
except as may be expressly included in Article 5.
Article 7. Discounts, Rebates, Refunds.
All cash discounts shall accrue to the Contractor unless the Owner deposits funds
with the Contractor with which to make payments, in which case the cash discounts
shall accrue to the Owner, All trade discounts, rebates and refunds, and all returns
from sale of surplus materials and equipment shall accrue to the Owner, and the
Contractor shall make provisions so that they can be secured,
Article 8. Contractor's Financial Responsibility.
Any cost due to the negligence of the Contractor or anyone directly employed by
him, either for the making good of defective work, disposal of material wrongly sup-
plied, making good of damage to property, or excess costs for material or labor, or
otherwise, shall be borne by the. Contractor, and the Owner may withhold money
due the Contractor to cover any 'such cost already paid by him as part of tli~' cost of
the work,
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Article 9. Sub-Contracts.
All portions of the work that the Contractor's organization has not been accus-
tomed to perform or that the Owner may direct, shall be executed under sub-con-
tracts unless otherwise directed by the Owner. The Contractor shall ask for bids from
sub-contractors approved by the Architect and shall deliver such bids to him, or the
Architect shall procure such bids himself, and in either case the Architect shall de-
termine, with the advice of the Contractor and subject to the approval of the Owner,
';
Agreement between Contractor aDd Owner
Cost PluB Fee Basia-Siz pagea-Page 4
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the award and amount of the accepted bid. Such work shall be contracted for with
such approved bidders in accordance with the terms of this agreement.~-
~~(iliaiXilnt.~~~~ . .
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The Contractor, being fully responsible for the general management of the build-
ing operation, shall have full directing authority over the execution of the sub-
contracts.
If the Owner lets any portions of the work under separate contracts the separate
Contractors shall not only cooperate with each other and with the Contractoli ~
1WiKll(KJDW~~&"iil:i~~but they shall conform
to all directions of the Contractor in regard to the progress of the work,
Article 10. Title to the Work.
The title of all work completed and in course of construction and of all materials
on account of which any payment has been made, shall be in the Owner,
Article II. Accounting, Inspection, Audit.
The Contractor shall check all materials and labor entering into the work and
shall keep such full and detailed accounts as may be necessary to proper financial
management under this Agreement and the system shall be such as is satisfactory to
the Architect or to an auditor appointed by the Owner, The Architect, the auditor
and their timekeepers and clerks shall be afforded access to the work and to all the
Contractor's books, records, correspondence, instructions, drawings, receipts,
vouchers, memoranda, etc" relating to this contract, and the Contractor shall preserve
all such records for a period of two years after the final payment hereunder,
Article 12. Applications for Payment.
The Contractor shall, between the first and seventh of each month, deliver to
the Architect a statement, sworn to if required, showing in detail and as completely
as possible all moneys paid out by him on account of the cost of the work during the
previous month for which he is to be reimbursed under Article 5 hereof, with original
pay rolls for labor, checked and approved by a person satisfactory to the Architect,
and all receipted bills.
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Article 13. Certificates of Payment.
The Architect shall check the Contractor's statements of moneys due, called for
in Article 12, and shall promptly issue certificates to the Owner for all such as he
approves, which certificates shall be payable on issuance,
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Agreement between Contractor and Owner
Coat Plas Fee B.ais-6h pagel-Page 5
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Article 14. Disbursements
Should the Contractor neglect or refuse to pay, within five days after it falls due,
any bill legitimately incurred by him hereunder (and for which he is to be reimbursed
under Article 5) the Owner, 'after giving the Contractor twenty-four hours' written
notice of his intention so to do, shall have the right to pay such bill directly, in which
event such payment shall not, for the purpose either of reimbursement or of calcu-
lating the Contractor's fee, be included in the cost of the work.
Article 15. Termination of Contract.
~~~rMM-~Y~~~~~~
1lCaVXX,rofiJi}Q~~1tlelC}l}~)C for any due cause '
If the Owner should terminate the contract!
.. ~cnJ~~"<3SmcreIfugurse the Contractor for
, the balance of all payments made by him under Article 5, plus a fee computed upon
,the cost of the work to date at the rate of percentage named in Article 4- hereof, or if
the Contractor's fee be stated as a fixed sum, the Owner shall pay the Contractor such
an amount as will increase the payments on account of his fee to a sum which bears the
same ratio to the said fixed sum as the cost of the work at the time of termination
bears to a reasonable estimated cost of the work completed, and the Owner shall also
pay to the Contractor fair compensation, either by purchase or rental, at the election
of the Owner, for any equipment retained. In case of such termination of the contract
the Owner shall further assume and become liable for all obligations, commitments
and unliquidated claims that the Contractor may have theretofore, in good faith,
undertaken or incurred in connection with said work and the Contractor shall, as a
condition of receiving the payments mentioned in this Article, execute and deliver
all such papers and take all such steps, including the legal assignment of nis..con-
tractual rights, as the Owner may require for the purpose of fully vesting in him the
rights and benefits of the Contractor under such obligations or commitments.
The Contractor and the Owner for themselves, their successors, executors, admin-
istrators and assigns hereby agree to the full performance of the covenants herein
contained.
IN WITNESS WHEREOF they have executed this agreement the day and
year first above written,
MOTTLEY CONSTRUCTION CO. tINe.
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By: o)02a0 ~;Z.; -.
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COUNTY OF CHESTEaFIELD, VIRGINIA
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Agreement between Contractor and Owner
Cost Plus Fee Basis-8ix pages-Page 6
BRANDON STEED
p, O. Box #7266
Richmond, Va.
Yel.: ELgin 80852
Johns-Manville Representative
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