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HomeMy WebLinkAboutContract 2218o Materials Technology Stork Twin City Testing Corporation August 19, 2009 Kevin Hansen City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 (email: Kevin.Hansen(a~ci.columbia-heights.mn.us} Material Testing •Non-Destructive Testing Product Evaluation • Construction Materials 662 Cromwell Avenue St. Paul, MN 55114 USA Telephone (651) 645-3601 Telefax (651) 659-7348 Website : www.storktct.com 2298 RE: Proposal for Geotechnical Drilling Services City of City of Columbia Heights Gateway Pedestrian Bridge Central Avenue (TH 65) at 49th Avenue (CSAH 4) INTRODUCTION Stork Twin City Testing Corporation thanks you for the opportunity to submit this proposal for geotechnical exploration services for the proposed Gateway Pedestrian Bridge project in the City of Columbia Heights. We have completed numerous projects with a similar scope and are familiar with the tasks involved to complete these services of this project. SCONE OF ll1lORK Based on our review of the project scope, the following is a brief overview of the included services. Review 6 borehole locations and perform Gopher-State-One-Call utility clearance to locate public utilities within the drilling area. It appears that most of the work would take place in the right-of-way of TH 65. Property owner should mark any private utilities within the drilling area not located by Gopher-State-One-Call. If the property owner cannot locate private utilities a Private Locator may have to be retained to mark private utilities if needed at a cost of $95/hour. We were informed by the City that boring locations would be designated by the Engineer with two borings in the location of the new bridge abutments and four borings will be at the two ramp locations. 2. Explore the subsurface soil and groundwater conditions by drilling two (2) standard penetration test (SPT) soil borings each to a unit depth of 50' at abutments, and four (4) SPT borings to a depth of 30 feet at ramp locations using an all-terrain mounted drill rig. We recommend extending the ramp borings to a depth of 40' and extending the bridge abutment borings to a depth of 80' to provide an adequate deep foundation option per LRFD design requirements. Client to provide access to boring locations. Siork Twin City Testing Corporation is an operating unit of Stork Materials Technology B.V., Amsterdam, The Netherlands, which is a member of the Stork group i Materials Technology Proposal for Geotechnical Drilling Services City of Columbia Heights Page 2 of 3 3. Perform laboratory review of soil samples by geotechnical engineer to check classification. Laboratory tests including moisture content will be performed on cohesive soil samples retrieved from the SPT borings. 4. Prepare an engineering report including logs of borings including soil and groundwater conditions, standard penetration readings, a site plan showing the approximate boring locations, along with recommendations for foundation support of the abutments and ramps. FIELD WORK The boring work and laboratory testing will be in general accordance with the applicable American Standards for Testing and Materials (ASTM) procedures. The soils will be visually and manually classified in the field and then in the laboratory by a geotechnical engineer. The borings will extend to a depth as indicated and the locations will be those shown on the boring location plan. The bore holes may extend deeper if suitable subsoils are not encountered. Prior to drilling we will clear public utilities with Gopher State One Call. The owner should mark any private buried lines. If the property owner cannot locate private utilities a Private Locater may have to be retained to mark private utilities if needed at a cost of $95/hour. GEOTECHNICAL REVIEW/REPORT We would publish a report to you and the parties you designate including soil boring logs, description of the soil and groundwater conditions along with geotechnical engineering recommendations and opinions. The report will present our recommendations for foundation support of the abutments and ramps. COST The fee for the soil borings and geotechnical report is outlined below: Gopher State One-Call Utility Locates, Mobilization drill rig & crew, site review, Drilling and sampling 2 borings to 50' and 4 borings to 30' (220' total}, Demobilization, Laboratory soil sample review, Moisture content testing of cohesive soils, Project Management and Formal Geotechnical Report Lump Sum $ 3,500.00 * See Below Stork Twin City Testing Corporation We recommend deeper soil borings are performed to evaluate piled foundation option as discussed above. The additional 100' total of drilling spread over the six borings would cost $1,200.00 bringing the total estimated project cost to $ 4,700.00. i Materials Technology Proposal for Geotechnical Drilling Services City of Columbia Heights Page 3 of 3 These costs do not include the cost of a private locator. Private locator costs if needed are at a rate of $95.00/Hour. Our drill truck may cause minor damage to the surface while drilling in "green" areas especially in wet conditions. We will utilize our ATV rig to try our best to minimize such damage. This quote does not include repairing damage caused to the surface by our drill rig. Additional boring depth if needed and authorized by client would be at a rate of $14.00/foot. This price is valid for thirty days from date above. Invoices are due upon receipt. A late payment FINANCE CHARGE will be charged at the periodic rate of 1.5% per month (or the maximum allowed by law) on any balance remaining unpaid 30 days after the date of the invoice. REMARKS This estimate covers the work needed to perform the soil exploration, obtain field samples, and prepare a geotechnical report. If this proposal is acceptable, please sign one of the enclosed copies and return it for our files. Thank you for the opportunity to be of service. We look forward to working with you on this project. If you have any questions, please call Mark Straight at (651) 659-7447. Respectfully submitted, ST R IN CI Y TESTING CORPORATION ~~ ~~ ~ ~ ark tai Kevin Zalec, E.I.T. Seni r roject Engineer Staff Engineer By signing this Agreement, Client assents to the terms and conditions set forth above and attached. ACCEPTCn. Client: Author Typed Name: ,/ WA~..,T FEHST, CITY MAN Date: Stork Twin City Testing Corporation F:\BMC\GEO\MAS\f°ROPOS~4L\2009 Geo Proposals\Borings City of Columbia Heights August 19 2009.doc GENERAL TERMS AND CONDITIONS OF SALE AND PERFOI2:MANCE OF TESTING SERVICES BY STORK TWIN CITY TESTING CORPORATION, a North Carolina business corporation ("TCT") dated OS/O1/2001 I. Application; Formation of Contract. These General Terms and Conditions of Sale and Performance of Testing Services (the "Terms and Conditions") shall apply to all acts in respect of the purchase and sate of testing and other services (the"Work") pursuant to any contract (a "Contract") to which these Terms and Conditions are made applicable. The submission by a parry ("Customer") of any sample to TCT for testing or similar services shall, upon acceptance of such sample by TCT for such services, constitute an express Contract to which these Terms and Conditions apply. All orders for Work are subject to TCT's approval and acceptance. 2. Modification and Waiver; Other Terms. No provision in these Terms and Conditions tnay be varied or waived except by a writing specifically describing such variance or waiver signed by an officer of TCT. TCT's acceptance or acknowledgement, even if in writing and signed by TCT, of Customer's purchase order or any other document pertaining to the Work shall not be deemed an acceptance of any provision of Customer's purchase order or any other document that conflict"s with or adds to these terms and conditions, absent a separate agreement ih writing signed by TCT expressly acknowledging and agreeing to such provisions. [T IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT TERMS AND CONDITIONS SET FORTH [N ANY ORDER FORM, PURCHASE REQUEST OR CONFIRMATION PROVIDED BY CUSTOMER ADD TO OR CONFLICT WITH THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL AND GOVERN. TCT'S ACCEPTANCE OF A CONTRACT TO PERFORM WORK IS EXPRESSLY CONDITIONAL ON CUSTOMER'S AGREEMENT AND ASSENT TO THESE TERMS AND CONDITIONS. 3. Prices for the Work: Payment Prices quoted by TCT for the Work are solely for the performance of the Work and do not include freight, insurance, inspection or packaging charges, warehousing or storage costs, or any sales, use, excise, customs duties, or other taxes or fees ("Costs"). Unless TCT expressly agrees in writing to pay such Costs, all such Costs are to be paid by Customer and any Costs paid by TCT shall promptly be reimbursed by Customer. A minimum charge of $35.00 applies to each sample submitted unless a blanket purchase order specifying different pricing bas been submitted and accepted. Written and cral quotations are subject to withdrawal by TCT by notice at any time, and, in any event, shat( be valid only for thirty (30) days from the date thereof. Payment is due in cash as specified in TCT's quotation, proposal or order confirmation and, unless otherwise expressly agreed to in writing by TCT, payment is due in U.S. dollars only. If not specified therein, payment is due in cash upon completion of the Work; provided, however, that if the Contract involves a series of tests or other events of partial performance, TCT may invoice, and Customer shall pay for, each such test or part on a pro rata basis. If performance is delayed by Customer or other causes beyond TCT's reasonable control, TCT may submit invoices, and payment shall become due, as if the Work had been completed as scheduled. [f such delay is caused by Customer, Customer shall additionally pay all reasonable warehousing and other expenses and Costs of TCT incident to such delay in shipment. .The net amount for services performed pursuant to these Terms and Conditions shall be due in full, without discount, within thirty (30) days of invoice, unless otherwise stated. If payment in full is not made when due, interest shall accrue on the unpaid balance at the lesser of (i) the rate of l%% per month (18% per annum) or (ii) the maximum rate permitted under applicable law. Customer agrees to pay reasonable attorneys' fees incurred by TCT in the collection of past due invoices and account balances. If TCT at any time determines in its sole judgment that there are reasonable grounds for insecurity with respect to Customer's payment for the Work or any other obligation of Customer set forth in the Contract or C\DOC[JME-1\mgaswil000AIS-I \Temp\notcsEl EF3~t\TERMS & CONDFrtONS TCTI doe in these Terms and Conditions, TCT may require adequate assurance of due payment or other performance, such as payment in cash or satisfactory security, and until TCT receives such assurance, TCT tray suspend any performance for which it has not already received payment. 4. Completion of Work; Limited Warranty. TCT warrants that it will complete the Work in a satisfactory and workmanlike manner consistent with industry standazds. TCT will exercise commercially reasonable efforts to complete the Work and provide a report thereon by any date reasonably requested in writing by Customer, but shall not be liable For any delay in the performance of projects nr in the delivery or shipment of goods, or for any damages suffered by the client by reason of such delay. TCT's performance of any and all Work is subject to TCT's curent facility schedules, governmental priorities, and other government regulations; purchase ordets, directions, and restrictions that-may be in effect from time to time. EXCEPT AS EXPLICITLY SET FORTIi [N THIS PARAGRAPH 4, TCT MAKES NO OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL SUCH WARRANTIES AItE HEREBY EXPRESSLY EXCLUDED. TCT's warranty shall not apply to any portion of the Work performed by a party other than TCT except to the extent that any such third party has wananted such performance to TCT and is liable to TCT under such warranty. No employee, agent or other person is authorized to give any watranues on behalf of TCT in addition to or different from those herein given, or to assume for TCT any other liability in connection with the Work except in a writing which is signed by an authorized officer of TCT, which expressly elves such wananties or assumes such liability, and which is made part of the Contract pursuant (o paragraphs I and 2 above. 5. Customer's Property. Whenever TCT is provided in writing detailed instmetions as to the treatment and handling of Customer's property, TCT will exercise cotrunercially reasonable efforts [o comply with such instructions. Type of material, tolerances and specifications for processing shall be declared in writing by Custoter prior to TCC's commencing any Work or shall be deemed not to have been known by TCT_ Testing services supplied by TCT are generally considered to be destructive. Under special conditions, some testing may be performed without destroying samples. However, by submitting components or samples to TCT, Customer expressly agrees that all material submitted may be destroyed . TCT will not be responsible for any costs or losses resulting from destruction of Customer's property submitted to TCT unless both the written Contract and Customer's property are clearly mazked "Do Not Destroy." [f the Contract and Customer's property are not so marked, TCT shall have no liability for damage to Customer's property. tf the Contract and Customer's property are so marked, TCT's liability for damage to Customer's property is limited to the lesser of (i) the value of Customer's property or (ii) the cost of the Work performed on the damaged property pursuant to [he Contract. Under no conditions wilt TCT be responsible for any additional costs or damages, including consequential damages and indirect costs or losses, resulting from destruction of Customer's progeny. By submitting property [o TCT, Customer acknowledges and agrees to these limitations and acknowledges and agrees that TCT bases its price for the performance of Work on the existence and enforceability of such limitations. 6. Shipping. TCT will at Customer's reasonable request act as a shipping agent for the return of Customer's property after performing the Work. As Customer's agent, TCT will contract for common canier delivery as requested in writing by Customer. Under no conditions will TCT have any liability for any item so shipped. Insurance will be purchased for common carrier shipping only when requested in writing by Customer and when declared value is indicated, and the failure of TCT to purchase insurance shall not result in any liability on the part of TCT. Customer may be billed directly by commercial tamers for freight and Customer shall make alt claims for property damaged in transit directly and solely against such freight carriers. 7. Title; Security Agreement. Title to Customer's property and all risk of loss or dunage to such property shall remain with Customer at all times. Customer hereby grants to TCT a security interest in all of Customer's property provided to TCT for testing or other services under the Contract to secure the payment of the purchase price for the Work and other fees or charges due TCT hereunder. Customer will not be entitled to the return of its property, and after such return shaft not be entitled to transfer or encumber the property upon which Work is performed, until all sutras due and owing to TCT have been paid. Customer shall execute and deliver any financing statements or other documents that TCT reasonably requests for the perfection of TCT's security interest in Customer's property and Customer shall do all other acts necessary for the perfection and preservation. of this security interest. 8. Customer's Remedies. "the sole and exclusive remedy of Customer and its customers, agents and other affiliates in respect of any claim against TCT based on or relating to any claimed defect in the Work or otherwise relating lathe Work, the Contract, or these Terms and Conditions, whether such claim is based upon contract, tort, professional errors or omissions, strict liability or negligence, and whether such claim is for property damage, personal injury, commercial loss or other monetary loss, shall be (i) upon the return, restoration, or replacement by Customer of Customer's property upon which the Work was performed, the re-performance o(any defective portion of the Work, or (ii) at TCT's option, a refund or credit to Customer in the amount of the price paid for the defective portion of the Work Customer's remedies hereunder shall only be available if (i) TCT has been paid in full for the Work pursuant [o paragraph 3 above; (ii) TCT is notified in detail, in writing, of the claimed defect or other claim within twenty days of Customer's discovery thereof and within ninety days after the compteiion of the Work; and (iii} TCT is permitted to inspect any and al! property with respect to which the. Work is claimed to have been defective or to which Customer's claim otherwise relates. EXCEPT AS SPECIFICALLY SE"p FOR"fH IN THIS SECTION 8, TCT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM tTS P ERFORl`rtANCE OF TIIE :'FORK, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO CUSTOMER'S PROPERTY. TCT SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM "CHE USE OF PROPERTY UFON WHICH THE WORK IS PERFORMED OR ANY SIMILAR PROPERTY OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN NO EVENT SHALL TCT 6E LIABLE FOR ANY DAMAGES ABOVE THE COST OF THE WORK, WHETHER SUCH DAMAGES SHALL ARISE FROM BREACH OF THIS CON'CRACT, OR IN TORT, OR OTHER WISE. 9. Cancellations. A purchase order or other Contract for Work once placed with and accepted by TCT can be cancelled, in whole or in part, only with the written consent of TCT. If Customer cancels without TCT's consent, Customer shall be liable for the full price of the Work, less any actual third patty expenses saved by TCT in not having to perform the Work, as reasonably determined by TCT in its sole discretion. 10. Court and Other Proceedings. The nature of TCT's services will, from time to time, require employees of TCT to present the results of TCT's findings in depositions, court proceedings or other forums. In such cases, the Customer will be charged, in addition to the agreed upon price for the Work, TCT's usual and customary costs and fees for such presentations and the preparation thereof according to TCT's then- current fee schedule. [f TCT is subpoenaed by a party other than Customer, the total costs and fees associated with the preparation and testimony will be charged to the Customer, inespective of whether payment has previously been made on the Work and Customer's file is closed. TCT wilt at Customer's written request attempt to have these costs and fees reimbursed by the party issuing the subpoena; however, if such party does not reimburse TCT, such costs and fees wilt be the responsibility of Customer. Customer agrees to pay any such costs and fees, irrespective of whether it is anticipated at the time of the Contract that TCT will be called upon to present the results of its findings in depositions, court pwceedings or other forums. 11. Force Majeure. The parties hereto shall be excused from the duty to render timely performance of any obligation hereunder if such inability to perform is caused directly or indirectly by act of God, flood, war, riot, accident, explosion, strikes or labor trouble, act of government, delay or default by subcontractor or supplier of materials or services, the existence of any circumstance making performance comtnercialty impracticable or any other cause beyond the party's reasonable control; provided, however, that the obligation to make payments due under this agreement shaft not be excused for any reason, including the foregoing. 12. Waiver- of GompGance. Waiver.by. either party hereto of a-breach by the other party of any of the provisions of these terms and conditions shall aot be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect. 13. Severabitity. If any provision or remedy herein provided for be invalid under any applicable taw, the retraining provisions hereof, including remaining default remedies, shall be given effect in accordance with the intent hereof. 14. Governing Law. This agreement shall be governed by and construed under the laws of the State of North Carolina and the United States of America. 15. Arbitration. Any controversy or claim arising out of or relating to this agreement, or any breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators} may be entered in any court having jurisdiction thereof. The situs of said arbitration shall be Charlotte, Norih Carolina. Any demand Cor arbitration by either pary hereunder trust be delivered in writing to the other party. 16. Export Control Laws and Regulations. All parties shall comply with all export control laws and regulations (including, but not limited to, the CJ.S. Export Administration Regulations and the U.S. International T taffic in Anns Regulations) to the extent applicable to the Parties' respective activities under this Agreement The Receiving Party shall control access to any technical data disclosed under this Agreement in accordance with all U.S. export laws and regulations including, without limitation, confining the disclosure of any such technical data to U.S. persons unless disclosure to foreign persons is specifically authorized and appropriately licensed by the proper U.S. government agency. The Receiving Party shall limit dissemination of technical data to its employees who have a need to know as it relates to the Purpose of this Agreement and who have agreed to abide by the Export Control provisions contained herein, and who are U.S. citizens or permanent resident Aliens (or who are otherwise authorized to receive such Information pursuant to this Agreement and U.S. Export Laws). The Receiving Party shall exercise the same care to protect any and all technical data embodying or setting forth all or part of the technical data as it uses to protect its own technical data, but in no case less than reasonable care to assure proper control and security of such information and documentation. COtvTpANY DATAW i 1\TERMS & CONDITIONS TCT-1)OC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08!28/2009 PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Marsh USA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3475 Piedmont Road NE, Suite 1200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Atlanta, GA 30305 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 722515-TWIN-GAEWP-09-10 INSURERS AFFORDING COVERAGE ~ NAIC # INSURED INSURER A; ZUfICh AmerlCan InsuranDe Company 16535 STORK TWIN CITY TESTING CORP. DIVISION OF STORK UNITED LLC 662 CROMWELL AVE INSURER B: (.J//~ N/A ~I ST. PAUL, MN 55114 INSURER c: National Union Fire Ins Co Pittsburgh PA 19445 INSURER D: New Hampshire Insurance Company 23841 INSURER E: ! 5 ~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ', NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. iLTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/ODIYYYY) POLICY EJ(PIRATION DATE (MM/DDIYVYY) -- LIMITS ''~ A I X GENERAL LIABILITY GL03793003-01 07/01/2009 07/01/2010 EACH OCCURRENCE 1 000 000 I X COMMERCIAL GENERAL UA8ILITY DAMAGE TO RENTED PREMISES Ea occurrence 50,000 $ I i i CLAIMS MADE ~ OCCUR MED EXP (Any one person) ___ $ 5,000 I X DFr)t~C]'IBI F = 9fi QIlp._ PERSONAL & ADV INJURY $ 1 000 000 I ( GENERAL AGGREGATE , , $ 1 000 000 GE NERAL AGGREGAT IT APPLIES PER , , PRO PRODUCTS -COMP/OP AG $ 1,000,000 X POLICY JECT LOC ~ C . i I, AUT X OMOBILE LIABILITY ANY AUTO 5836794 MA ( ) 3/01 /2009 3/01 /2010 (EOaaBcdeDt}INGLELIMIT $ 1,000,000 i C '~.. ALL OWNED AUTOS SCHEDULED AUTOS 5836795 (AOS) 03/01!2009 03/01/2010 BODILY INJURY (Per person) $ ' ' ' I i X X HIRED AUTOS NON-OWNED AUTOS I ~ BODILY INJURY (Per accident) $ PROPERTY DAIvSAGE (Per accident) $ ~ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY I EACH OCCURRENCE v $ ' ~ OCCUR ~ CLAIMS MADE ~ AGGREGATE $ ' i 'i DEDUCTIBLE $ II --~~~- ~ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY 2921072 CA X WC STATU- OTH- C ( ~ ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N ' ( ) 2921073 (AOS) 03/01/2009 03/01!2009 03/01/2010 03/01/2010 .LEACH ACCIDENT j $ 1,000,000 ~, OFFICER/MEMBER EXCLUDED? D ~ '~ ~ .L. DISEASE - EA EMPLOYE i $ 1,000,000' j (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below .L. DISEASE -POLICY LIMIT ' $ 1 ,000,000 ~I '! OTHER A ~ Professional Liabiliity I EOC 9380237-01 07/01/2009 07/01/2010 Each Claim 2,500,000 Aggregate - 2,500,000 Each "Policy Period" SIR 139,250 . .,. ~~.,........,,~.,...-.,,..,..,,.",,..~~.,, ~....w.,...,.~.,.,.,~., o, c,v~~..n~cinciv ~~~r~a.ua~ rrcwwwna CITY OF COLUMBIA HEIGHTS IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS THE GENERAL LIABILITY POLICY REFERENCED HEREIN, AS REQUIRED BY WRITTEN CONTRACT, SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER ATL-002040835-01 CANCELLATION I ~ CITY OF COLUMBIA HEIGHTS ATTN: KEVIN HANSEN 637 38th AVENUE NE COLUMBIA HEIGHTS, MN 55421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL '~. 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND ~. UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 2009/01 ~ c --- ( ) O 1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and Togo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBP.OGATlON IS WAIVED, subject tc 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 endorsements}. DISCLAi~iER This Certificate of Insurance 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.