HomeMy WebLinkAboutresolution.council.059-07
RESOLUTION #6 CJ
(Series of 2007)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND LE RENNER SPORT SURFACES SETTING
FORTH THE TERMS AND CONDITIONS REGARDING RESURFACING THE
ISELIN PARK TENNIS COURTS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and LE Renner Sport Surfaces, a copy of
which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and LE Renner Sport Surfaces regarding
resurfacing the Iselin Park Tennis Courts, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager of the City of
Aspen to execute said contract on behalf of the City of Aspen.
Dated: 9~~&/dmr
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held July 23, 2007.
~Si~{j~k
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and LE Renner Sport Surfaces , ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated
herein.
2. Completion. Professional shall commence work upon receipt of a written Notice to
Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all work pursuant to this agreement shall be completed no later than
September 30, 2007. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause, be exceeded by the Professional.
3. Pavrnent. In consideration of the work performed, City shall pay Professional a rate
unless otherwise mutually agreed to by the parties the payments made to Professional shall not
initially exceed $28 840.00 wen Ei ht Thousand Ei ht hundred and Fo Dollars.
Professional shall submit, in timely fashion, invoices for work performed. The City shall review
such invoices and, if they are considered incorrect or untimely, the City shall review the matter with
Professional within ten days from receipt of the Professional's bill.
4. Non-Assignabilitv. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior written consent
of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the
responsibilities or obligations under this agreement. Professional shall be and remain solely
responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers,
agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee
of the Professional to the extent of the subcontract. The City shall not be obligated to payor be
liable for payment of any sums due which may be due to any sub-contractor.
5. Termination. The Professional or the City may terminate this Agreement, without
specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying
the effective date of the termination. No fees shall be earned after the effective date of the
termination. Upon any termination, all finished or unfinished documents, data, studies, surveys,
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drawings, maps, models, photographs, reports or other material prepared by the Professional
pursuant to this Agreement shall become the property of the City. Notwithstanding the above,
Professional shall not be relieved of any liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Professional, and the City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Against Contingent Fees. The Professional warrants that s&e has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s&e has not paid or agreed to pay any company
or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by the
parties that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of 1:lJe City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal i1Uury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this contract, if such
injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or
agent of the Professional or of any subcontractor of the Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to
provide defense for and defend against, any such liability, claims or demands at the sole expense of
the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
PS 1-971.doc
Page 2
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any c1aims-
made policy, the necessary retroactive dates and extended reporting periods shall be procured to
maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of FNE HUNDRED THOUSAND
DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease _ policy limit, and FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) disease _ each employee. Evidence of qualified self-insured status may be substituted
for the Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and
operations. The policy shall include coverage for bodily injury, broad form property damage
(including completed operations), personal injury (including coverage for contractual and
employee acts), blanket contractual, independent contractors, products, and completed
operations. The policy shall contain a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00-
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
severability of interests provision. If the Professional has no owned automobiles, the
Page 3
PSI-971.doc
requirements of this Section shall be met by each =ployee of the Professional providing
services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and =ployees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or =ployees, or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Professional. No additional insured endorsement to the policy required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Professional shall be solely responsible for any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies shall
not be canceled, terminated or materially changed until at least thirty (30) days prior written notice
has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which City may immediately terminate this contract, or at its discretion City may procure or
renew any such policy or any extended reporting period thereto and may pay any and all premiums
in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon
demand, or City may offset the cost of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00
per person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., c.R.S., as from time to
time amended, or otherwise available to City, its officers, or its employees.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIRSA.
PSI-971.doc
Page 4
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
II. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Steve Barwick
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional: LE Renner Sports Surfaces
Neal DePooter
Tennis Division Manager
775 Canosa Court
Denver, Colorado 80204
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement bv City. This agreement shall be binding upon all parties
hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
Page 5
PSl-971.doc
16. General Terms.
(a) It is agreed that neither this agreement nor any of its terms, provisions,
conditions, representations or covenants can be modified, changed, ternllnated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or
limitations to this understanding except those as contained herein at the time of the execution
hereof and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WTINESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
ATTESTED BY:
CITY OF ASPEN, COLORADO:
~r)ik-
By:
Title:
PSI-971.doc
Page 6
Date:
WITNESSED BY:
crl~ftf)~
By:
Date: '
::r{~ Jt> =t-
PROFESSIONAL:
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PSI-971.doc
Page 7
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RENNER SPORTS SURFAE
PAGE 02
SPORTS aURFA.CES,
775 Cana~Cl Court
Demer. CO B0204
303.825-3435' 800.73B-8106
fax ~I03-B25-3439
'\N'II'M~rennerspons.com
_Renner
~esign!build
June 15, 2007
tennis courts
Aspen Recreation Dcpartmelll:
Ann: Susan ArancLla
130 S. Galena
Aspen, CO 8l61l
PROPOSAL
runningltacks
Job Name: Tennis COurt Resurface at Aspen Recreation CeRter
post-tensioned
conc'rete
We hereby submit specifications and <;Sti,matc fur cracIc filling and rcsurlachg of two courts
to include:
HarTru
1. Remove and replace chain link fence sections in Older to gain worki ng access.
2. Saw cut edgcsofbcaved asphalt and haul material off site.
3. Remove large tree stunIp and haul off site.
4. Replace void in ground from stump n:mova1 with compacted road base to fonna
smooth and unifunn paving surf3ce.
5. Furnish and place 3 incb<:s of aspbah to cover area approximately 375 sq. ft.
6. Ocan surface. '
7. Fill all craclcs fuJl-dcp1:h with acrylicfccmcut patching compound.
8. Apply acrylic 1'CS!1rf3cer.
9. Resur&c tennis courts using two applications ofWodd Class Acrylic color
designed for slaw play. Ownel' to selllCt color. PIayinJ!: area
Perimeter
HydroCourts
resurfacing
10. Re-$tripe lines per U$T.A. regulations.
Please note; that cxacks may return, although ill diminished form, due to 'thermal
e>q>ansionlCOIltlal:lions. Your court may not have adequate positive slope llIld may have
some standing water after surf3cing. Futun: peeling orde1aminatiQII may occur ifth= is
inadequate slope. This proposal docs not include sterilization or prevention offuturc tree
toot growth.
ClccC::$sories
il'l~llne l'1ocl<:ey
We bercby propose to furnish Jabor and materials - colJlPlete in accordance with th,c above
. specifications, furthesnmof: T.......tv_Fwht-Tho_d-Eieht-Huudred-l'ortv and
00/100 ($ 28.840.00l.
lighting
This proposal exclndes any pcnnits or fees which may be requirod in, your jtcr1scliction. If
permits orpJan fees are required, they will be billed to the owner at cost in "KceSS of this
proposal.
AL TEg,NA TES: None
p::lfIcrned
concrete
?-.~
, , --......-
,91;\)01'1
:m
"I'(..,'H'"".....
I.ee RenneT" P r~jdcnt
Serving the Rm::l:y MOLlnt~irl Rcgron since 1004
Post Tension Ter.nir. Court PIoneer ::inct 1982
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RENNER SPORTS SURFAE
PAGE 03
Wbc:n. pol<hing <:r'llCb or resmfilcing courts with ending. """ gmranlee the c:n>eb will n:ap:>=', ""d thllt they
ClD'l rappellI' willIin 24 boms, ~ U)lOlI1c...,...dh4" fi""U'Ob..u.<. " ..
For I<mlis court"'llOir wort: imolvillg ospbaIt jlIIVing in any foon, 1>1= be........ thsl we h.ve experienced
contamination is asphalt mi= during ra:cnt yeon<, snd we cannot '~l<le ogainsl tIliS contam1111rtion.
All UllllCrial is ~_m.t=41o be as :ip<Ci6ed. AU wod: to be comp1ded in. V/Od:IllaI1Iike m'nne{ according to
standard pmctJCO$, Any all<<stion or ~ from above $p<cificatioos inooh:ing ">'lra ""'Is, will be execut<:d
only upon written O!dcts, lllld will bec:oo>e on cxtta ~ over lllld lIl>ooe the estimate. All'~ me
contintlc:nt upon strikes, llO(;jdc::nts or delay> beyond 011I' amtroI. This proposal is ...bjoct II> ,cceptancc within
~30_ dllys and is void th.rtafu:r III the option o[\be undersigned.
All wmk win be t,~.~",...., fur labor: and """"""1. for a period of one year from mill: of substantial
completion <:KCOt fCll' ~_ or """;112. SboPld the malerials p:OYC lXJ be defective or the
wmkmaDship is limlty, tbe problems .....11 be rem<>died wilhin II n:asonable time fro.. =ipt of notice
of the prob1em, 'dctennining facton; to be """,lhc:r llllCI. crew schedoIe.
The poymcnt lICbedulewill belCjUired... follows; p"..., JJ'lYhl'ibddeposil of3ll"f.ls required ,tiorto
ordering m....rI... ."d :lCbelhIfing...odt. l'mg7=poylll!Ol1!s will be mj1IimI following colllpletion ofwurk
i\om... full"",",
30".4 Doom
40% Upoa COIlIJIl<daJI oflbe pavIDg
30% UI"'" OOII'lpledoll
Pay requesb will be 1sRecI.. ""'jar ~ 'ordle CUlItnI<t ano cumplell:d .nd are 4ue witbin 10 d.Y'
of dale ofhnmloo. Work may be delayed ifp....- P"Y"''''" .... ...,t lIept..mIIl Accounts obolI be
c:onoide1<d ooerduc lIId dclioqtx:ut JO days'- datIo of In_ DcIiliqumt """"""'" sha1I tear;m.rest Ilt a rate
of 1 'h% F....OIlth (lll% amIUOIly) md will be suhjcc:lto on c:ilal:ges ncoessatYfur collcetion, including bot ~ot
Iimiled II>. all a!1omey', feel. Filial payIIlOIII sIWl bec:oo>e duoupm coonpleliOll oCcon1lacIo.fs 'WOIk. Liens will
be filed 00 delinque<1l accountll. ()pclling or """ of on imlallalion by """"'" shall be considClcd~. In
the evc:nt oftcrmination by _.the _Itll::lor sIWl bepoid fo< the wort: perl'OI1Jled to dsIt, ""d for roateti~
on hend.
The contractor is ~ot liable for dela)'ll caused by strik.c:<, by inability to """""adequn1e matcria1.s, by rool
shortage, by ~ COIlllitiom, by mc:dJanioal fililure>, by Al$ of Oed, or arrj o1lux cause beyond our co~1rol
L.E.R. llW. is a non-<mion entity and i.l1(ll; boulld. by any org8Ili2cd Labor ~=udIls.
If digging is required. L.EX, Jnc. sbaII <:<>JIlal;t 1he UtiIiIy Notificalioo C<oder of Colorado for n1ility looat=
The ownawiD be""'P"'l,,;blefo<repoiIstoauy ...L",......J lineo,if~,allhoogbCl1" will be - when
we are advi!1ed of their 1"-""'""'" The ~ is prediaded upm1ionnol 4i~ colIditions, and ifrocks are
...~ the extra time lllld cquiprnel1l com ne::essitst<:d to complcl.c the _ will be JlIl'sed 011 to the
owner.
Owner shalJ eolablish suitable == lo lbe ........"....tian siB:. Pol1lhlc __ wiD be amiable within fifty feet
(50') of the sill> (we """ sbmdard \1," garden booes).
It is lJIlden;tood tho! if a 9>iI slcriIlIlJl is applied, it js ;,... .,(fort to reI8ll1 weed gtUWth and no gaarantec is
~ or implied t1mt its 1lOC will be cm.:ti= Cootra<:IOl' i. not """"""..'hle for cra<b duo to h<avint;, soil
, expansion, frost, elI:.. or other Acts of Go>d,
WaminI) -this fK"PO""l js pl'ldk.slcd upon. ~coostm::tion pradicesdeocloped overiho past lwaIty-five
years. It is inhe:rent of all asp\Ullt oad COOCldl: to omck We ClIl1IKJl be ~ble for groD1I<l mo-.anmt.
bcaviDg, or!Ettling oflbe ,.,;Is. 0..: prq>osal. clocs not iDcIudo:,.,;I~, ar ext:oordiJllllY drainag>< costs.
I3ecaUllC ofthetm"'bilily ofexposnding lIOits problems, theowna-i. strongly ~ to I'lOC\lte. soils
investigation by . qoaJi6ed. ""ils engineer. L.E.R., loc. disclsimuny liability for SOl' b..vinl~ but will modify
this proposal to inolude the ~oflhe....-. soil engineer.
2
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RENNER SPORTS SURFAE
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If the con~ _ beperformal daring n.e cum:nt<XlllSlru:tion......." due to deI.l<y$ tamed by the """or, his
apts, oc employees, this conlnK:t sboll be valid ror the suboeqoc:d: conslr1>ction _ m1>i cct to pos...ib1e
;0,= in labor "",(\ mataials.
Owner may accept !his Proposal c:itbe< ~ sigDaIDn: or by making soy pIlYJD"llIs to Contlzotcr in oonsidcratiCll\ of
,.".;"".. and cithcr of the al",.,., modes of ~ m.J] be de<med I<> incorporate all oftl1 e It;nns of this
T:'ropo..l into lhe contract bd:>Yee:n the porties 1hcreby formal.
If this proposaI is llcccpt:ed, please sign one copy and return it to our ofij,ce as soon ""
possible.
AutItorizOO Signatnre (~ jP.h jJ cf)J..,f!L
Title: Neal DePDlllf:r- Tennis Division Manlger
L.ER, inc. dba Renner Sports Surfuccs
ACCEPTANCE OF PROPOSAL
. The above prices specifications and conditions are bcnoby accepted. Yau an' authorized to
do the work as specified. PaymCllt will be made as QUtlincd above.
ACCEPTED:
Da:te:
Signature:
. Title:
3