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16-080 Alvernaz Construction for Concrete Installation ServicesAGREEMENT BETWEEN THE CITY OF CUPERTINO AND ALVERNAZ CONSTRUCTION FOR CONCRETE INSTALLATION SERVICES THIS AGREEMENT, for reference dated June 6, 2016 is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Alvernaz Construction, a California corporation whose address is P. 0. Box 366 San Martin, CA 95046 hereinafter called the Contractor, and is made with reference to the following : RECITALS: A . City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for Concrete Installation Services, in accordance with the specifications detailed in the quote dated June 6 , 2016 hereinafter referred to as Exhibit "A". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within thirty (15) calendar days after receiving notice from the Grounds Division Supervisor to commence the work, and shall diligently prosecute the work to completion before the expiration of Twenty (20) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees , at its own cost and expense, to furnish all labor, tools , equipment, materials, except as otherwise specified , and to do all work strictly in accordance with the quote dated June 6, 2016 hereby referred to as Exhibit "A" and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3 . COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services perfonned pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the general fund. 1 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6 . INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes , FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, ifrequired, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees perfonning work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations . Contractor shall indemnify and hold City harmless from and against any loss , damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8 . NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated . Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any 2 and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, aiising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers , officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation . Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the tenns of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 1 OA, B, C and D . Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail , "Attention: Brian Gathers." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 Property Damage: each occurrence $2,000,000 aggregate -all other $500,000 each occurrence 3 $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C . FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D . ADDITIONAL INSURED: City, its City Council , boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverage's, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds . 12. PROHIBITION AGAINST TRANSFERS: 4 Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation oflaw or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sub lessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTORAPPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the perfonnance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to caITy general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish repo1is 5 concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such infonnation required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a pe1iod of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit ofrecords, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. City at: All notices, demands, requests, or approvals from Contractor to City shall be addressed to City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Brian Gathers All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Attn: 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters 6 and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains . Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences , block and gravel filters. (Block stonn drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location . D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash , litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips , and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on stmm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices , citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385. 19. TERMINATION: In the event Contractor fails or refuses to perfonn any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon tennination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 7 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. Prevailing Wage: Consultant shall comply with all applicable requirements set forth in Labor Code section 1770 et seq., including the payment prevailing wages. Consultant will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Consultant. Working hours: Consultant shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of consultant in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 V2 times the basic rate of pay. Consultant shall comply with California Labor Code Section 1777.5 regarding apprentices. Payroll records: Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities .) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services 8 perfonned under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term , covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25 . SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to City. 26 . HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 7:00 a .m . to 4:30 p.m . unless prior written approval has been secured from City to do otherwise. 27 . REQUIREMENT TO PAY PREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq . The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 9 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted , the Agreement shall be amended to make such insertion on application by either party. 1 0 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a paii of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR By ~ Title [}W<..A.- Date 6-(3 ~(6 P. 0.: CITY OF CUPERTINO A Municipal Corporation By~~ Tir ~ector of Public Works Date <e~ '/, '/ j, APPROVED AS TO FORM : By (!luu ~ndoJ;h HOm:CitYAftomey ATTEST: ~,·Jt- l; i z_(< ({o Grace Schmidt, City Clerk Contract Amount: $ 8,600.00 Account No.: 100-84-813-700-702 11 Exh ibit "A" Brian Gathers From : Sent: Michael Alvernaz [michaelalvernaz@alvernazconstruction .com] Thursday, June 09 , 2016 1 :49 PM To: Brian Gathers Subject: New Concrete pads New Work Order To, Brian G @ City Of Cupertino From, Alvernaz Construction Po Box 366 San Martin CA 95046 Lie# 711435 408-595-2817 INSTALL THREE NEW CONCRETE PADS; 1-Excavate three concrete pads as requested Brian -with The City Of Cupertino 2-One concrete pad to be 4x10 and two concrete pads to be 4x8 3-Form and pour new concrete pads 4 -Concrete to be 4"to 5" thick and with 6 sack mix concrete. 5-Clean all unnecessary materials. 6-Protect concrete after pour. Total Cost Materials and Labor$ 8,600.00 Thank you, Michael 1 June 6, 2016 CERTIFICATE OF LIABILITY IN S URANC E IJ A"I E (MM1D DIY YYY) 6/3/201 6 P RO DUCER BELL PLAZA INSURANCE 991 W Hedding St San Jose, CA 95126 (408)248-8400 INSURED ALVERNAZ, MICHAEL DBA Alvernaz Constr u ction PO Box 366 San Martin, CA 950 4 6 COVERAGES THIS CE RTIFICATE IS ISSUED AS A MATTER OF IN FORMAT ION ONLY AND CONFERS NO RIGHTS UP ON THE CER TIFI CATE HOLDER . THIS CERTIF ICATE DOES NO T AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLI CIES BELOW. INSURERS AFFORDING CO VERAGE IN SUREH A PCIC IN SURER B INS URER C· ·---- INS URER D INS URER E NAIC # TH E POLICIES or IN SURA NCE LI STED [JELOW HAVE BEEN ISSUED TO THE INSURE D NA MED ABOVE FOR THE PO LI CY PERIOD IN DICA TED . NOTW ITH STAND ING A NY REQUIRl:MENT TERM OR COND ITION OF ANY CONTR A C T OR OTH ER DOCUMENT WI TH RESPECT TO WH IC H THIS CERTI FICATE MAY BE ISSUE D OR MAY PERTAIN . THE INSURANCE AF FORDED BY THE POLIC IES OE SC HIBCD HEREIN IS SUBJECT TO A LL TH E TERMS . EXC LU SION S AND CONDITION S O~ SU CH POLICIES AGGREGATE LI MIT S S HOWN MAY HAVE l:lEEN REDUCED BY PAID CLAIMS . .INSR f'I OO"L-·. L YR '"SRO TYP E OF INSURAN CE A I 1 GE NERAL LIABILI TY I X CO MMER C IAL GENERAL LI ABILITY CU1IMSMADE X OC CU I~ GEN'L AGG RE GATE LIMIT AP PLIES PER ; X . POI.ICY P~OT , LOC AU.I OM Oll!l ~ L !AB ILITY AN YAUIO ,'1LL OWNED AU TOS ~C"E DUL ED AU TOS H 1REIJ AlllOS NON-OWN ED AUTOS GARAGE LIAB ILI TY 1\NYALJI O EXC t-SS I UM ll f<ELLA Ll1\B ILI TY OCC UH CLA IM S M AD :: DED UCTIB LE Ht! ENTION $ W ORKUl S COMP EN SAT ION A NO EM PLOYERS' LIABI LI TY A.N 'I PRO FH1E I ORJPAA fr ,ER.i ~X2.CU '1\/E I O FF l C ~RJ .1.\EM BE R EY.CU .1 0ED! I :~~·;:A~:~c·;;o:H~r1d~r j SPECI AL P ROVISIONS ba lov. ~ O THrn y, N POLI CY NUMBEll PCIC5026- PCA558206 .. PO LICY EFF EC l lV[ POLI CY EXPIRATION -·- . DATEI MMI DDIYYYYI DATE IMMIDD/YYYY J LI MITS 0 1 /25/2 0 16 0 1 /25/20 1 7 EACH OCC URflENCE . DAMAC,f. I 0 RENTED-- _l'R E~I SES (Ea occurence l . -~00 ,_000 50,000 --·--- MEO EXP 1An yona persun ) _ ··-___ ~00 PE RSONAL & ADV INJ URY s 1,000,000 GtNEHAL AGGREGA TE 5 2, 000, 000 PROO UC IS ·COMP IOPAGG > 2,000,000 CO MlllNl ,O SINGLE LIM IT (Ea acc1de n!) BO lJ l l. Y INJ UR Y (P~r pe rso nj UOD IL Y INJ URY (Pe r acciCl!nl) PROPERTY DA ~\;\G E (Puf a c.::1C.:an 1) AUTO ONL Y · EA AC CI DENT OT HER THAN AU I O ONl.Y EAACC EA C H occ u rm ENC E AGGREGATE ---- WC STATU· TO RY LIM ITS E L. EAC H ACCI DENT AGG $ OTH· .i....IB. __ E I Lll Sio ASE ·EA EMPLOYEE $ E l DISE A SE · PO LI CY LIM IT $ DESC RI PTI ON OF OPER ATION S I LOC Al IO NS I V lr<I C L ~S 1 EXCLUS IONS ADDEO UY ENDORSEME NT I SPE CIAi. Pl<O VI S!ONS '.::ERTIF ICATE HOLDER 1CORO 25 (20 09/01) CANCELLATION SH OULD ANY OF THE ABOVE OESCH!BEO 1-'Ullt:ltS Ut: CANC E.LLED BEFORE THt: EXPIRATION DATE THtHt:OF, THE ISSU ING INSUHEH Will EN DEAVO R TO MAIL 30 DA VS WRITTEN NOTICE TO Trt E CERTIFICATE HOLDER NAMED TO THE LE H , UU T F AILURE TO DO SU Sti ALL IMPOSE NO O RLIO•HtO/'J U H L/A81UTV OF AN Y KIND UP ON THE 11\SURl:R , ITS AGENTS 0~ rights res e rved . The ACORD name a nd logo are registered marks of ACORD f