07-053, GSS CONSULTING, MCCLELLAN RANCH
~
AGREEMENT
CITY OF CUPERTINO
~A/ 10300 Torre Avenue
. . . 71lrJ Cupertino, CA 95014
f7 408-777-3200
BY THIS AGREEMENT, made and entered into this ~TLaay of ~, 204 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and -----a-
Name GSS CONSULTING
Address 1188 KOTENBERG AVE. City SAN JOSE Zip 95125 Phone 408-761-0213
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
PROJECT MANAGEMENT SERVICES FOR THE MCCCLELLAN RANCH FACILITIES IMPROVEMENT PROJECT
THROUGH JULY 31,2007.
No.M27FF S-3~
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A CONSULTANTS DUTIES AND SERVICES
EXHIBIT B INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on MAY 2, 2007
and shall be completed before AUGUST 1. 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
AN AMOUNT NOT TO EXCEED $ 13,000.00.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City. ~
CONTRACT CO-ORDINATOR and representative for CITY shall be: -- U ENTERED
NAME Therese Ambrosi Smith
DEPARTMENT Parks & Recreation
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
CITY OF CUPERTINO:
Ralph Qualls, Jr.
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By
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APPROVALS
" DEPARTMEr HEAD
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$13,000.00
. .
GSS CONSULTING
. .
EXHIBIT A
CONSULTANT'S DUTIES AND SERVICES
GSS Consulting (GSS) personnel shall serve as the City's representative and project manager as
designated and directed by City of Cupertino ("City") staff. GSS shall work under the direction of the
Parks & Recreation Department and shall assist the City by providing professional project management
services and serving as staff augmentation, within the public works context and in compliance with the
governing regulations applicable to each work assignment. GSS shall perform work on the following
projects commencing immediately and continuing through July 31,2007 within the scope and budget
described below.
Task I - McClellan Ranch Facilities Improvement Proiect
Project management services are needed for implementation of the McClellan Ranch Facilities
Improvement Project ("McClellan Ranch" project). The McClellan Ranch project will be designed,
administered, permitted and constructed as a stand-alone project consisting of three primary components:
A. Rolling Hills 4H Site Improvements, including a new pole barn and other elements
B. Pedestrian Trail segment, extending from McClellan parking area to approximately the end of
the community garden plots
C. Blacksmith Shop reconstruction
The McClellan Ranch project will be funded in part by a federal Land & Water Conservation grant and
must meet associated requirements and deadlines. The City's intent is to implement the work using San
Jose Conservation Corps (SJCC) work crews and supervision. Construction documents are to be suitable
for use by SJCC workers and suitable to serve as City record documents.
The McClellan Ranch project will be implemented under the direction of the Parks and Recreation
Department and with a project team approach. The Parks & Recreation Director is the City's project lead
and liaison to the City Council. Parks and Recreation department is prepared to provide information
regarding program needs and facilities, operational and maintenance considerations, project parameters,
administrative support, and overall direction. The Public Works Director or his designee and Building
Official will to provide input and direction regarding engineering and technical issues and requirements,
and assistance in conducting technical reviews and securing appropriate City permits and authorizations.
GSS is to provide project management support services as staff augmentation for programming, design
process, permitting, preparation of construction documents, and coordination with SJCC. Types of
services include:
· coordinate work by consultants
· review plans and documents
· coordinate reviews by City staff
· assist with execution of City permitting
· prepare project updates
· coordinate with outside agencies and groups, including SJCC and Rolling Hills 4H
· provide technical support for programming, design and implementation
· assist City in compliance with regulatory and environmental requirements
Project Planning and Management
. .
GSS CONSULTING
. .
· coordinate compliance with grant requirements
The following description contains tasks involving GSS. Specific duties may vary based on need as
project development proceeds and upon final assignment of tasks among the project team.
Task IA: Rolling Hills 4H Site Improvements
1. Design Consultant Coordination
Design consultant coordination support to include:
· schedule & conduct site walkthrough for design consultant team
· assist in finalizing scope of services for design work by Hill Associates and subconsultants
· coordinate launch of design and construction documents process
· provide design contract administration as desired by City.
2. Project Program Confirmation
Project program confirmation support to include:
· review master plan, as identified by Rolling Hills 4H and City and developed by Hill Associates
and J. Sokale
· review available documentation of existing conditions
· City to confirm existing utility services and connection points
· assist in identifying requirements as applicable to project program
· 4H to confirm animal care requirements and provide any applicable animal-related
requirements and regulations in writing
· oversee confirmation of project program suitable for design work; clarify:
· appropriate supplier for prefabricated animal pens; pen configuration; materials/design
concepts for major elements; conceptual drainage design
· assist in confirming Cupertino Sanitary District requirements and limitations as applicable to 4H
improvements
· coordinate with Rolling Hills 4H and SJCC on project elements & approach
· assist with reviewing program for compliance with CEQA, environmental & grant requirements
3. Design & Construction Documents
Design & construction documents support to include:
· coordinate design consultant work
· assist with agency/stakeholder/permitting requirements
· assist in identifying and addressing animal relocations, sequencing of new fencing/pens/shelters,
construction sequencing and staging
· confirm/address possible need for preconstruction biotic survey
· manage consultant preparation of 65% and nominal 100% construction documents
· oversee preparation of construction cost estimates
· assist with conducting review process for 2 construction documents submittals
· coordinate responses to review comments as needed
· assist in securing City approvals and permits
· assist in preparation of schedule of values/payment schedule
· coordinate production of final construction documents
Project Planning and Management
. .
GSS CONSULTING
. .
.
assist with SJCC coordination, consistent with master agreement requirements and including
scheduling and finalization of construction package
Task IB: Pedestrian Trail
1. Design Consultant Coordination Support
Design consultant coordination support to include:
· assist in finalizing scope of services for design work by HNTB and subconsultants
· coordinate launch of design and construction documents process
· provide consultant contract administration as desired by City.
2. Project Program Confirmation
Project program confirmation support to include:
· review available documentation of existing conditions
· assist in confirming agency and grant requirements as applicable to project program
· oversee confirmation of detailed project program suitable for design work, including
· trail surfacing material (aggregate base assumed); design suitable for year-round
pedestrian and bicycle access; anticipated loading; accommodation of future finish
surface course; edge treatment; retaining wall design; drainage approach; tree protection
measures
· coordinate with stakeholders
· assist with ensuring program compliance with CEQA and environmental requirements
3. Design & Construction Documents
Design & construction documents support to include:
· coordinate design consultant work
· assist with agency/stakeholder/permitting requirements
· confirm/address need for preconstruction biotic survey
· manage consultant preparation of construction documents
· oversee preparation of construction cost estimate
· assist with conducting review process for construction documents submittals
· coordinate responses to review comments as needed
· assist in obtaining City approvals and permits
· assist in preparation of schedule of values/payment schedule
· assist with SJCC coordination
Task IC: Blacksmith Shop
This task includes relocation of the replica of the W.H. Baer Blacksmith Shop located at McClellan
Ranch. The shop contains blacksmith equipment and items of historic value to be inventoried by others.
The structure itself may not be suitable for re-use and may be completely replaced. A design program for
the replacement is to be developed. A program must be selected which meets requirements ofthe L WCF
grant and City goals. The subsequent design process will be launched promptly to ensure compliance
with L WCF deadlines.
Project Planning and Management
. .
GSS CONSULTING
. .
1. Design Consultant Coordination Support
Design consultant coordination support to include:
· assist in finalizing scope of services for design work by Ridgeway Architect and subconsultants
· assist in launching work by blacksmithing consultant
· coordinate launch of predesign, programming and design process
· provide design contract administration as desired by City.
2. Project Program Development
Project program development support to include:
· review available documentation of existing conditions
· City to confirm existing utility services and connection points
· assist in confirming agency and grant requirements as applicable to project program
· review site with consultants & city staff; assist in identifYing feasible locations
· oversee development of project program, including:
· type of structure, size, orientation, function, occupancy, technical parameters, utilities,
accessibility, materials, display of blacksmith equipment [may occur in alternate
structure], potential for re-use of elements ofthe existing replica blacksmith shop,
potential for inclusion of solar panels/photovoltaic system
· assist in development of interpretive features/program suitable for L WCF grant criteria and City
goals
· coordinate with Building Official regarding occupancy type and applicable standards
· coordinate with stakeholders
· assist with ensuring program compliance with CEQA, environmental and grant requirements
Task ID: Environmental Clearance & Grant Compliance
Environmental clearance and grant compliance support to include:
· assist City in identifYing appropriate CEQA clearance for McClellan Ranch project. This task is
a priority and to be implemented immediately. Scope assumes that a Categorical Exemption is
suitable for the modifications that are not considered in the adopted Mitigated Negative
Declaration.
· assist in City in preparing and submitting Section 6 (f) update as needed to address use of Land
and Water Conservation Grant funds for the McClellan Ranch project. This task is a priority and
to be implemented immediately.
Task I - Hours and Fee
Fee for services relating to McClellan Ranch Facilities Improvement Project is not to exceed $9,825.
Fee estimate is based on 100 hours Senior Project Manager and 5 hours Technical Support, services to be
provided through July 31,2007.
Reimbursable expenses
Recommended allowance:
$125.00
Project Planning and Management
EXHIBIT B
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results ofthat work by the Contractor, his agents,
representatives, employees or subcontractors.
Contractor shall maintain limits no less than:
I. General Liability: (Including products-completed operations, personal & advertising injury)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance or
other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City
may require the Contractor to provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain,
the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as
insureds with respect to liability arising out of work or operations performed by or on behalf of
the Contractor.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected
or appointed officers, officials, agents and employees for losses paid under the terms of any
policy which arise from work performed by the Named Insured for the Agency.
4. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice (10 days
for non-payment) has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide c1aims~made coverage, the Entity requires that coverage be
maintained for a period of 5 years after completion ofthe contract.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. All certificates and endorsements are to be received and
approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the contractor's obligation to provide
them. The City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity by virtue of the payment of any loss under such
insurance. This provision applies regardless of whether or not the City has requested or received
a waiver of subrogation endorsement from the insurer.
ACORD",
CERTIFICATE OF LIABILITY INSURANCE
Fiamingo Insurance
1060 Lincoln Ave
San Jose, CA 95125
408 293-
Agency
nA Tt; .1,M:M1DDIYYYY)
4/17/20.07
THIS CERTIFICATE IS ISSUED AS A MATTER OF J;NFORMATioN--
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICA Tr; DOES NOT AMEND, EXTEN,D OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCEII
Gail S. Seeds
1188 Kotenberg Ave
San Jose, CA 95125
INSURERS AFFORDING COVERAGE
INSURER A: F
INSURER B: F
INGURER G:
NAIC#
INSUREO
INSURER 0:
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI-IE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING
ANY REQUIREMENT, tERM OR CONDITION OF ANY CONTRACT o.R OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.JECT TO ALL THE TERMS. EXCLUSIONS AND CONOITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE PO!.ICY UPlRATION
DATE IMMIDDIYY! OA Te IMN/OlllYf
TYPE OF INSURANr.r:
"OLley NUMGF.R
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I s
I $
PRODUCTS. COMPlor M. ., $
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AUTOMOOlLE LIABILITY
AN'( f\UTD
COMBINED SINGLE lIMI-
(En nr.cldonl)
/llL OWNE.D AUTOr.
A
SCH(DUlE.D AUTOS
153754361
04./29/07
OOOll Y INJURY
0/29 0 'p., po...n)
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HIR(D ^I.rros
NON.{)WN(O AUTO~
flODIL y IN.lUHY
(Pt!r .'G<:lChlnl)
PROPERTY DAMAGE
(Pet I'cr.ld"nl)
GARAGE L1ADlL!tY
AUTO ONLY. EA ACCIC'
ANY AUTO
OTHER mAN
AlJTO ONL v;
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602267544
03/13/07 03/13/08
AGGREGA Te
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EXCE5S/UMORELlA LlAlllLlTY
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EACH OCCURRENCE
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ANY PHOPRIETnAIPARTNERIEXLCUTlvE
OFflCERIMEMBER EXCLUlJED?
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E.L. DISEASE. EA E.MF" .
E l. DiSEASE. POLIC" ,
DESCRIPTION OF OPEHATlONS I LOCATIONS I V~H1GLE:S I EXCLUSIONS AOOEO BY ENOORSEMENT' SPECIAL
PROVISIONS
2000 Subaru Forester Vin# JF1SF6357YH712025
City and its officers, employees,agents, contractors,consultants,
volunteers shall be covered as insureds with respect to liability
~ut of activities performed by or on behalf of the Consultant.
Certificate Holder Additional Tin? e CANCELLATION
and
arisi
The City of Cupertino
10300 ~o~re ~venue
Cupertino, CA 95014
SHOULD ANY OF THE ABOVE DESCRIDED POLICIES BE CANCELLED !lEFORE THE EXPIRA nON
DATE THEREOf, TIlE ISSUING INSURER WILL ENDEAVOR TO MAIL .3...a- DAVS WRITTEN
NOTICE TO THE CERTIFICATE HOLtl'r.R NAMED TO THE lEFT
ACORD 25 12001/08)
MA~-OS-2007 (TUE) 09: 113
Lords Insurance Agency Inc.
(FAX)110S 2S9 511111
P.001/001
----...,. .. ... ....-
ACORDN CERTIFICATE OF LIABILITY INSURANCE OP ID ;r-ri DATE IMM/tlOlYVY'r)
GGSCO~l 05/0a/07
PRObUCER THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION
Lo;ras Insu;ran~e Agency of se ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Atlantic-pacific ~ns Brks, Inc HOLOER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
474 E. 17th St;reet, #206 ALTER THE COVERAGE AFFORDED BY THE POUCIES BE;LOW.
Costa Mesa, CA 92627
Pbone:949-G42-6956 Fax: 949-646-6140 INSURERS AFFORDING COVERAGE NAIC#
.... . --------.----.. ....,-.-.-.- . ,.. . ......-
INSURED INSURER A: Hartford 'InSu;ranc8 Group
INSURER B:
GGS Consu~tin9' --.-...... , ..... ......
Gail Seeds INSURCR c:
1276 Lincoln Ave #105 . .......-.. .. ,,-,. .....---
INSURI;R D;
San Jose CA 95125 .-. ..-
'NSU~EO:
COveRAGES
THE POUCIES or INSURANCE U5TED BELOW HAVE BEEN ISSUED TO mc INSURCD NAMCD ADOVC FOR THl; PO~ICY PEFlIOClINOICAlfD. NOTWITHSTANDING
ANY HfOUIRI::M!::N1'. "ERM OH. CONOrrlON OF ANY CONTRACT OR OTHER OOCUMEIIIT WITH RESPECT ro WlilCH TlilS CCR'T1FICATF. MAY BE ISSUED OR
MAY PCRTAIN, THE: INSURANCC AFFORDCD lJY THC POLIClCS DCSCRll!I:D I.IG:REIN IS sualG:cr TO Al.L THE TERMS, EXClUSlONS AND CONDITIONS OF SUCH
POLICIES. AGGFlEGA.TE LIMITS SHOwN MAY HAvE ElEEN REbUCEO By "'AID CLAIMS.
LTR iNi:"Ri 'l'iPE 01' INSU~,..eF. "OLICT NUMBER I ~~\!ffl',;~J.fZ!)(E- "8kfEY!rJ,h'"ir~N LIMITS
GENERAL. UABILlTY eACH OCCURRENCE S 1000000
- .. ~GE"To'RENrED' .
X COMMCRClhL GG:Nr;:RAL LIABILITY 57SBAU9S87 t-'.t<I:~!~~:,lJ~ occurencel $ 300000
>-- U ClAIMS MADi:: ~ OCCUR MG:O I;XP (Anv 0110 pt'.r.;o~) S 10000 .- ..
A ,.!.. Bus.:i..ness'Owners 08/13/06 08/13/07 PERSONAL /$. AOV INJUIolY $ 1000000
---.-,.'...'0-
CENERAL AGGREGATE $ 2000000
..... ~...... ". _ ___.... ...... oM" .-. ... . - . .
GCN'L AGGRCGATe LIMIT APPLlCS PCR _P~!l~.c:.rs . COMP/OP AGG $ 2000000
!xl POLlcyr:~~i j~Br n LOC
~rOIlllOSlt.E LIASII.ITY COMBINED SINGLE LIMIT $ 1000000
ANY AUTO lEe acclOanl)
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ALL OWNG:D AUTOS !lODI~ Y INJURY
- $
SCHEDULED AUTOS (Pcr poroo~)
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A ~ Hllolt:D AUTOS 57SBAA09587 08/13/06 08/13/07 BOOIL Y INJU~
$
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(Pt;lr l'ccidcnt)
GAFlIlGE UAllIlI.1TY AUTO ONLy - EA ACCIDt::NT S
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AUTO ONLY: AGG $
[JESS/UMBREllA LIABIUTY CACH OCCURRENCE $
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OCCuli D CI.AlMS MAD!: AGGREGJlTE $
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EMPLOYERS' UABILlTY .-. .-.--
ANY PROPRIF,TOR/PAFlTNERlEXECUTIVE l:.L EACH ACCIDENT $
n__ ._,.
OFFICER/MEMBER EXCluDEO? E.L DISEASE - EA EMPLOYEE $
~~I~~'OVISrOt..rS bo~ .. '_"~_M.'
E.L DISCASC . POLICY LIMIT S
O'JlolER
DESCRIPTION OF OPERATIONS I LOCAllONS , VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
'l'hose usua.l to the insured ope;ration. City of Cupertino its offi.ers,
employeQs, agents, contractors, consu1'tants and. vol.unteers are acld.ed
as Addi t:ional. In\Ulred per the business l.iablli ty coveraqe f;rom SSOOOB
CERTIFICATE HOL.DER
City of Cupertino
10300 'l'orre AVQ
Cupertino CA 95014
CANCELLATION
CITYCUP SHOULD ANY OF THG: ABOVI; DI;s(:FlIElED ,"OLICIES BE CANCEl.LED BEFORE THIr IrXPIRATION
DATI; TH~EOF. THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN
NO'tIC~ TO THE CERllACATE HOLDER NAMG:O TO THG: LEFT,IlUT FAILURE TO DO 50 SHALL
IMPOSE NO OBUGAllON OR LIABILITY 01' ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTAllVr;:s.
AUTHORIZED REPRESENTATIIII;
@ACORD CORPORATION 1988
ACORD 25 (2001/08)