HomeMy WebLinkAbout04784 - ALBERT GROVER ASOOCIATES SUNRISE TRAFFIC SIGNAL INTERCONNECT SIGNAL TIMING CP01-14 Albert Grover & Associates
Sunrise Traffic Signal Intercor
AGREEMENT #4784
CM signed 10-16-03
CITY OF PALM SPRINGS - - - -- -
CONTRACT SERVICES AGREEMENT FOR
SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT SIGNAL TIMING
CITY PROJECT 01-14
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and
entered into this J/,'day of�cr= ,a�.c-/i:: cy> ., by and between the CITY OF PALM
SPRINGS, a municipal corporation (herein "City") and Albert Grover & Associates (herein
"Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit"A" and incorporated herein by reference. Contractor warrants that all
work and services setforth in the Scope of Services will be performed in a competent, professional
and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City
and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Contractorshall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Fourteen Thousand Six Hundred dollars ($14,600) ("Contract Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Rob Kuehn is hereby designated as being the
principal and representative of Contractor authorized to act in its behalf with respect to the work and
services specified herein and make all decisions in connection therewith.
3.2 Contract Officer. Richard Jenkins is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified
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h),RIGONAL BID
herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City
shall have the right to designate another Contract Officer by providing written notice to Contractor.
3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein may
be assigned or transferred, voluntarily or by operation of law, without the prior written approval of
City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees, perform
the services required herein, except as otherwise set forth. Contractor shall perform all services
required herein as an independent contractorof City and shall remain underonlysuch obligations as
are consistent with that role. Contractor shall not at any time or in any manner represent that it, or
any of its agents or employees, are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain,at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of at least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage. Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d)Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit B.
All of the above policies of insurance shall be primary insurance. (Reference Section 4.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled,the Contractor shall, prior to the cancellation date,submit
new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or
services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above
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insurance coverages and said Certificates of Insurance,endorsements, or binders are approved by
the City.
The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or persons for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers,agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses,costs, penalties, obligations,errors,
omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work,operations or
activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or
arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys'fees incurred in connection therewith;
(b) Contractor will promptly pay anyjudgment rendered against the City,
its officers,agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the eventthe City, its officers,agents oremployees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees.
4.3 Performance Bond. (Waived per Exhibit B.)
4.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register,
unless such requirements are waived by the City Manager or designee of the City Manager due to
unique circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
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Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 4 may be changed accordingly upon receipt of written notice from the City
Manager or designee; provided that the Contractor shall have the right to appeal a determination of
increased coverage by the City Manager to the City Council of City within ten (10)days of receipt of
notice from the City Manager.
5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until June 30, 2004.
5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time,with or without cause, upon thirty(30)days written notice to the other party.
Upon receipt of the notice of termination,the Contractor shall immediately cease all work orservices
hereunder except as may be specifically approved by the Contract Officer. In the event of
termination by the City, Contractor shall be entitled to compensation for all services rendered prior to
the effectiveness of the notice of termination and for such additional services specifically authorized
by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in
excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself,
its heirs, executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion,sex, marital status, national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, color,creed, religion,sex, marital status,
national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, director indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly interested, in violation of
any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box
2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by
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reason of the authorship of this Agreement or any other rule of construction which might otherwise
apply.
6.6 Integration;Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations,arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competentjurisdiction,such invalidity or
unenforceability shall not affect any of the remaining portions of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless
the invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A
party's consent to or approval of any act by the other party requiring the party's consent or approval
shall not be deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable,shall be entitled to reasonable attorney's fees,whether or not the matter
proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
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Agreement �r/under $25,000
Reviewed and ,ipproved by
Procurement & Contracting
Initi ils ` lr r))�IDate @tom
P.0. l\Tucn�G
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above
CITY OF PALM SPRINGS
ATT T: a municipal corporation
By: B : ✓/ i
City C erk /0/17 0- City Manager
CONTRACTOR: Check one:_Individual_Partnership_Corporation
By: By:
'
nature(notarized) Signature (notarized)
Name: U V- Finer_ Name: Rohery I�UC�41
Title: C Title: Secrt-\CkF
(This Agreement must be signed in the above space by This Agreement must be signed in the above space by
one of the following: Chairman of the Board, President one of the following: Secretary, Chief Financial Officer or
or any Vice President) any Assistant Treasurer)
State of C is` } State of 0\ }
Countyuof (�. )ss County of ('fit a w. }yyss��
On `�'k '�1 before me, On 10-1 I, beforenr�ae. N(k-\Ik\t-e F ,
« \e iaiA personally appeared i"S�h�'f
personally appeared 'r CT QQ eF personally known to me (or proved to me on the basis of
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(@}whose names)Ware
satisfactory evidence)to be the person(spwhose name(s)is/are subscribed to the within instrument and acknowledged to me that
subscribed to the within instrument and acknowledged to me that he/sheAih" executed the same in his/heffterr authorized
he/she0ep executed the same in his/heHtheir authorized capacity(ies), and that by his/hwAteir signatureO on the
capacity(iea), and that by his/herAtheir signature* on the instrument the person ft or the entity upon behalf of which the
instrument the person(e�, or the entity upon behalf of which the person( acted,executed the instrument.
person(4acted,executed the instrument. WITNESS my hand and official seal.
WITNESS my hand and official seal. ,
Notary Signature: Notary Signature °`°k
Notary Seal: Notary Seal:
NATAUE EID 4 ,. NATAL.IE E I D
""'�' Commission#1310174 "vi°� Commission#1310174
Notary Public- California Notary Public- California q
Orange County �` Orange County
r&Corrm Eu tnes J.1120 20r)J) 1myCofw�l E grir Illl20 200.9
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EXHIBIT "A"
SCOPE OF WORK
The intent of this contract is to provide the City with professional traffic engineering services
necessaryto accomplish the traffic signal timing coordination of interconnect traffic signals along the
Sunrise Way traffic corridor (East Palm Canyon Drive to Tachevah Drive).
The scope of work includes the following services:
Using City-provided traffic volume and turn count data for the project intersections, develop
AM peak hour, PM peak hour, and off peak hour coordination timing plans and time-space
diagrams for the following intersections:Tachevah Drive,Alejo Road,Amado Road,Tahquitz
Canyon Way, Baristo Road, Sunny Dunes Road, and Mesquite Avenue.
Submit timing plans and time space diagrams for the project intersections to the City for
review and comment, and modify as appropriate and required following City review, prior to
City implementation of the timing plans.
Assist the City with fine-tuning of the timing plans upon implementation at the project
intersections.
Provide the City with finalized timing plans and time-space diagrams.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
The scope of this contract shall be compensated at a lump sum fee not to exceed$14,600.00. Lump
sum payments shall be made to the Contractor upon completion of the scope of work, or portion
thereof, up to a maximum of 75%of the contract amount prior to completion of the required services.
Special Provisions:
The Contractor shall submit timing plans and time-space diagrams to the City for review within 6
weeks of receipt from the City of traffic volumes and turning movement counts at the project
intersections.
Section 4.3, Performance Bond, is waived.
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DATR(MMMONYWI
u CERTIFICATE OF LIABILITY INSURANCE lonoJ 003,
PRODUCER f949P63-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Complete Insurance. Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
California DOI #0437762 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
19000 MacArthur Blvd„ Penthouse Floor
LTER THE COVERAGEAFFORDED BY THE PO CI S BELOW.
�J yy((
Irvine, CA 92612-1447 1 SU ERS AFFORDINO COVERAGE NAIC 4
INSURED
I INsuRERA: Fidelity and Guaranty insurance,, ompany �
Albert Grover & Associates NsuRERB; St. Paul Fire k Marine Ins Col ;' nr
211 E, Imperial Hwy, Ste. 208 1 INSURERC: (CJo St. Paul) -j
Fullerton, CA 92835 N9uRru D: LCJs�,h'i� d
I INSURER E: 1
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW KAYE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO"NOTWITHSTANDIN
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I B TYPE OF INSURANCE POWCYNUMOER PO ICY FFF rom P TON LIMITS
GENERAL UASIIIri 6K01510192 07/O1J2003 07/01J200 Paces occuRREHCE s 1,000,000
i X COMMERCIAL GENERALUABILITY AM ET H s $00 000
GLAWSMADE -(❑OCCUR MEDENP(Mypnepxeon) $ 10,000
A PERSONAL A ADV INJURY S 1,000,00
GENERAL AGGREGATE $ 21000.000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMWOP AGO E 210001000
POLICY f I JECT rl
LOG
AUTOMOBILE LIABILITY EK01510192 07/01/2003 07/01/2004 cOM$INED SINGLE LIMIT s
ANYAUTO (ORPmdmU 1.000.00C
ALL OWNED AUTOS
SCHEDULED AUTOS (P�ILwY 06�AY S
A X HIRED AUTOS
BODILY NjuRY
S
X NO&OWNED AUTOS (Per Accldahl)apnN
PROPERTYDAMAGE S
[reraald��D
GARAGE LIABILITY AUTOONLv-EAAOOIDENT t
ANYAUTO OTHER THAN FA ACC S
AUTO ONLY: AOG
e%CESSNMBRELLALIAMLITY EACH OCCURRENCE S 21000,00
X OccuR CLAIMS MADE AGGREGATE s 2,000,00
A BKOISIO192 07/01/2003 07/01/2004 s
DEDUCTIBLE $
RETENTION t t
WORKERS COMPENSATION AND WVAS003695 07/01/2003 07/01/2004 X I we SAT
EMPLOYEIIS'LIABILITY E.L EACH ACCIDENT t 1,000,000
B OFFICER 1EMBER EXCL1UDEEDp ECUTIVE
y�i E�L.DISEASE•EAEMPLO S 1,DOD OO
dowbe Wheat
SPECIAL PROVISIONS hAPW E,b DISCA$E-POLICY LIMB s 1,000.00
OTHER 10 day notice applies to
non-payment and/or
non-reporting
DESCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES/EXCLUSION$ADDED BY ENDORSEMENT I SPEOgL PROVISIONS
ertificate holder is additional insured as respects general liability but only if required by written
ontract with the named insured prior to an occurence and as per endt, form CL/BF 21810101. Coverage
object to all policy terms and conditions.
E: Sunrise Way Coordination Timing
CER11FIgATC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUINO INSURER WILL Yf1Er'X MAIL
city of Palm Springs 30 DAYS wp)reN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Carrie (Traffic Engineering) �dNld6r7i10H00SxlOMXXCfIld6JEX�tl�l1WB(1H(xX
3200 Tahquitz Canyon Way PtdOf#NtdOhxla]IK7W0ofatDUAf10iXKI0Ui1610000�tlH;WfuLIN"H0�UL7c_xX,xXXXX)f
Palm Springs, CA 92262 AUTHORREDREPRESENTATIVE y' f' tT —Alicia I ra MICHMA
ACORD 25(2001100) (DACORD CORPORATION 1980
1
ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY,
INSURED:Albert Grover&Associates USF&G
POLICY NUMBER:BK01479096
POLICY PERIOA:07/01/03 to 07/01/04
ADDITIONAL INSURED: City of Palm Springs
This endorsernent modifies Insurance provided under the following:
BUSINESSOWNERS POLICY b. "Bodily injury", "property damage', "personal
injury", or "advertising injury" which is not caused in
Additional Insured; whole or in part by the negligent acts or omissions of
anyone directly or indirectly employed by a Named
The following is added to paragraph 2. of Insured or for whose acts a Named Insured may be
Section II.—WHO IS AN INSURED: liable.
1. If you are required to add another person The following additional provision applies:
or organization as an insured under this SECTION IV,5 Other Insurance is replaced by the
policy by a written work contract or following:
agreement whioh is in effect during the
policy period and a certificate of S. Other Insurance
insurance has been issued listing that
person or organization as an Additional The insurance afforded by this Coverage Part is
Insured,that person or organization is an
insured. Such person or organization is primary insurance and we will not seek
referred to in this Coverage Pan as an contribution from any other insurance available
Additional insured. to the insured unless the other insurance is
provided by a contractor. 'Then we will share
The following paragraph is added to Section I — with that other insurance by the method
COVERAGE: described below.
E. Additional Insured Exclusions
If all of the other insurance permits
1. In addition to the other exclusions applicable to contribution by equal shares,we will follow this
COVERAGES A., B. and C., the insurance provided method also. Under This approach,each insurer
to an Additional Insured does not apply to: contributes equal amounts until it has paid its
a, "Property damage"to: applicable limit of insurance or none of the lose
1) Property owned, occupied or used by the
remains,whichever comes first.
Additional Insured; If any of the other insurance does not permit
2) Property rented, leased or loaned to,in the care, contribution by equal shares, we will contribute
custody or control of, of over which physical control by limits, Under this method, each insurer's
is being exercised for any purpose by the Additional share is based on the ratio of its applicable limit
Insured;or of insurance to the total applicable Urnits of
3) "Your work" performed for the Additional insurance of all insurers.
Insured.
Countersigned by Authorized Representative
C1.Mo pl 81 A4 Ill Abbr,v- • Pt in itc A
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the polioy(ies)must be endorsed.A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing Insurer(s),authorized representative or producer,and the certificate holder, nor does It
affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001/09)