Loading...
HomeMy WebLinkAboutAGMT - Straightway Construction/ECA (East Beach Sand Nourishment) ` 1 VJ6/ 9to ■ . ' . • &AA./ IVOldta RAI. EXHIBIT A CITY OF SEAL BEACH CALIFORNIA EAST BEACH SAND NOURISHMENT AGREEMENT THIS AGREEMENT is made and entered into this 9 rH day of JA#I 4'cr 191, by and between the CITY OF SEAL BEACH, a municipal corporation of the State of California, hereinafter designated as "CITY ", and Sr ,yam fsC#9 , a California corporation hereinafter designated as "CONTRACTOR ". CITY and CONTRACTOR are hereinafter collectively referred to as "the PARTIES." WHEREAS, CITY has determined that it is in the public interest to undertake a BEACH SAND NOURISHMENT PROGRAM, hereinafter designated "the Project;" and WHEREAS, approximately 15,000 cubic yards of sand will be spread by the Contractor; and WHEREAS, CITY has advertised for and received competitive bids from qualified private firms, as required by State law and the City Charter, to provide this service; and WHEREAS, CITY has determined through investigation, evaluation and past experience that _ STeAnyf rwar6pAesr.ece:77.r EGf} is the most qualified contractor to provide this service at a fair and reasonab cost. NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual promises and covenants hereinafter set forth, the Parties agree as follows: SECTION 1. This Agreement includes the Proposal, the Notice Inviting Bids, the General Conditions, the Special Provisions, the Site Drawing, the Standard Specifications for Public Works Construction (Latest Edition), and all addenda and modifications to the same with respect to the foregoing prior to the opening of bids. The above - referenced documents, hereinafter referred to as "the Contract Documents," are hereby incorporated in and made a part of this Agreement by this reference. Section 2. Contractor shall provide EAST BEACH SAND NOURISHMENT services in a complete, timely, and good workmanlike manner as the project is described in the Contract Documents. Contractor shall furnish at Contractor's expense, all tools, equipment, labor, and materials necessary therefore (excepting therefrom those materials expressly noted as to be furnished by the City) and to uphold every obligation arising from this Agreement. • • Section 3. In consideration of Contractor's furnishing all said tools, equipment, labor, and materials, and for performing all the work contemplated and set -forth in this Agreement and in accordance with the requirements of the City Engineer, City will pay and the Contractor shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Proposal, in an amount not to exceed $150,000, pursuant to the terms set -forth in the Contract Documents. Section 4. The Parties hereby agree and acknowledge that the benefits and burdens of this Agreement shall inure to and bind the said Parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. Section 5. Within three (3) days of receiving an executed contract, Contractor, or Contractor's authorized representative, shall execute the Indemnification and Hold Harmless Agreement and. Waiver of Subrogation and Contribution provided in the Bid Documents. Section 6. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of said statement and the bid or proposal of said Contractor, then said statement shall control and nothing herein shall be considered as an acceptance of the terms of the Proposal which may conflicting herewith. Section 7. Contractor acknowledges its responsibility to comply with the requirements of the provisions of Sections 3700, et seq. of the California Labor Code, and Contractor agrees to maintain in full force and effect throughout the Project insurance against liability for Worker's Compensation required by said provisions. Contractor shall provide evidence of such compliance to City not less than three (3) days prior to commencing work on the Project. Section 8. Contractor affirms that it is an independent Contractor of the City of Seal Beach, and that no employee, joint- venture, partnership or agency relationship is created by virtue of this Agreement. Section 9. The Standard Specifications for Public Works Construction (Latest Edition) • shall provide the bases, procedures, and standards for the project where not otherwise provided for in the Agreement or the Contract Documents. In the event of any conflict between the • Agreement, the Contract Documents and the Standard Specifications for Public Works Construction (Latest Edition), the Agreement and Contract Documents shall control. In the event of any conflict between the Agreement and the Contract Documents, the Contract Documents shall control. Section 10. City hereby grants to the Contractor a temporary and revocable license to store vehicles and necessary equipment, at the Contractor's risk, at City's Tenth Street Parking lot. The cost of any security measures by the Contractor to protect said vehicles and equipment shall be borne solely by the Contractor, and City specifically disclaims any warranty as to the safety of such storage area. The Contractor shall agree to hold the City harmless for any damage to or theft of the Contractor's vehicles and /or equipment which occurs while said vehicles or equipment are stored on City property. The Contractor shall agree to indemnify and defend the City against any damage, liability, action, or claim of any kind by any person or entity arising out of the Contractor's storage of vehicles and /or equipment on City property during the course of this project. Section 11. This Agreement, together with the Contract Documents, may be amended or altered only upon the express written agreement of each party hereto. Section 12. This Agreement, together with the Contract Documents, constitutes the entire agreement between the Parties. City and Contractor hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to the subject matter of this Agreement, and that no other statement, direction, or representation, whether written or oral, not memorialized in this Agreement or the Contract Documents shall be binding upon either Party. Section 13. In the event that Contractor fails to complete the project within the time allotted by this Agreement and the Contract Documents, liquidated damages in the amount of $500.00 (five hundred dollars) shall be assessed and deducted from Contractor's earnings for each additional calendar day required to complete the work after the time allowed for completion has elapsed. Section 14. If any provision of this Agreement is found to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. Section 15. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEA BE , CALI OR A BY: / ATT • 4 4 ` ' By City M. er i City Clerk Ai ii C RACTOR • M PROPOSER'S SIGNATURE Name of Company STRAIGHTWAY CONSTRUCTION CO. , INC. Address 1910 SANDALWOOD AVENUE, FULLERTON, CA 92835 Business Telephone Number 714/257-0567 Business License q Number / Z 75- State Contractor's License Type and (STRAIGHTWAY) (E.C.A. ) Number 633186—A 672120—A By - igna re and Title r• • M CITY OF SEAL BEACH CALIFORNIA GENERAL BID REOUIREMENTS FOR EAST BEACH SAND NOURISHMENT 1) Each firm is instructed to read carefully the SPECIFICATION AND PROPOSAL DOCUMENTS FOR BEACH SAND NOURISHMENT for the City of Seal Beach. Proposals should be based solely upon the requirements, information and specifications contained in said documents. 2) Each firm is required to inspect the project location and to become familiar with the scope and requirements of the services to be contracted. The City will assume that each firm has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed, time limitations imposed, and the materials, labor and equipment required to complete the project as specified in a timely, competent, and workmanlike manner. 3) Bids shall be made on forms provided by the City. Each bid shall be signed by the firm and shall comply with the contract documents. 4) Subsequent to the award of contract, if it be awarded, an AGREEMENT (Exhibit A) shall be executed by and between the selected contractor and the City of Seal Beach. 5) Within three (3) days after the award of contract, the Contractor shall submit all required certificates of insurance to the City. 6) The Contractor shall complete the work within thirty (30) working days from receipt of a notice to proceed from City.. 7) The Contractor shall maintain adequate Worker's Compensation insurance under the laws of the State of California for all labor employed by Contractor or by any subcontractors to Contractor who may come within the protection of such Worker's Compensation insurance laws. 8) The Contractor shall maintain in full force and effect throughout the duration of the project comprehensive general and vehicle liability insurance protecting said Contractor from liability imposed by law for damages on account of bodily • • injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect against loss from liability imposed by law for damage to any property, caused directly or indirectly by the performance and execution of this contract or of any subcontract thereunder. Said comprehensive general and vehicle liability insurance shall contain limits of not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of any one occurrence, and $500,000 for property damages or a combined single limit of$1,000,000. Such insurance shall indemnify the CITY from all liability from loss, damage, or injury to persons or to property arising from or connected with the performance of services under this Agreement. Such insurance policy shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability". Such insurance shall be primary to any other similar insurance and shall name the City of Seal Beach, its officers, agents and employees, as additional insureds. The insurance policy shall contain a provision that prohibits cancellation, modification, or lapse without thirty (30) days' prior written notice to the CITY. • • SPECIAL PROVISIONS 1) DESCRIPTION OF WORK The work covered by these Contract Documents consists of furnishing all materials, supplies, labor, equipment, tools, transportation, and services for this beach sand nourishment program in strict accordance with the Contract Documents and the attached plans. 2) INSPECTION The City will provide a full-time Inspector throughout Contractor's operations to assure compliance with the Contract Documents. All questions, requests, and proposals as to working procedures, modifications of area limits, and modifications of time limits, if necessary, shall be submitted to City through the Inspector. 3) BASIS OF PAYMENT Contractor shall be compensated on a per unit basis, as specified in Contractor's proposal, for each cubic yard of sand actually transferred from the Storage Area to the Spread Area and spread according to the Contract Documents. Prior to commencement of work, the Inspector and Contractor shall jointly examine all preexisting sand storage areas, if any, and agree on the amount of sand then stored in each storage area. Payment will be calculated based upon the agreed-upon cubic yards of sand then stored within the existing storage areas added to the actual quantity of sand, in cubic yards, delivered to the storage area(s) by the hauler after work commences. Additional sand delivered to the site by the hauler shall be presumed to be in fifteen (15) cubic yard truck loads, and payment for such sand shall be calculated on that basis. Prior to the commencement of work, Contractor and the Inspector shall also agree upon a procedure for counting the number of truck loads of sand delivered to the site each day. The Contractor and the Inspector shall maintain separate records of the number of loads delivered each day by the hauler. Differences in the counts shall be rectified at the close of each work day. The Inspector shall, if necessary, reduce the allowable quantity of sand in any haul vehicle that carries less than the aforementioned full load. Disputes between the Inspector and the Contractor shall be resolved by the City Engineer. • • 4) PROGRESS BILLINGS On the sixteenth (16th) and thirty-first (31st) days following commencement of work, the Contractor shall submit to the City, through the Inspector, detailed invoices for progress payments. Such invoices shall set forth the quantity of sand, in cubic yards, actually transferred from the Storage Area to the Spread Area and spread according to the Contract Documents. Said quantity shall be multiplied by the unit rate for a total amount for each progress billing. Any additional costs approved by the Inspector or the City Engineer, such as for disposal of non-sand materials, shall be included on the invoice. City shall pay the amount due to the Contractor, less a ten percent (10%) retention, to the Contractor within 14 days of receipt of the invoice. Retention funds shall be released to the contractor thirty-five (35) days following the acceptance of the project by the City or the filing of a notice of completion, whichever is earlier. 4) MATERIAL Material to be spread will be delivered by the hauler to the storage area as delineated on the attached drawing and dry-hauled by the Contractor to the spread areas on the east beach as indicated. Contract provisions regarding delivery of material require this material to be entirely sand, but if materials other than sand are encountered, the Inspector shall be notified at once and he/she shall designate proper disposition. 5) TEMPORARY HAUL ROAD A. The Contractor may elect to construct a temporary haul road in the work area indicated on the drawing using clean, compactible materials obtained from sources other than the beach area. In the event the Contractor elects to construct a temporary haul road, its construction, materials, and location shall be subject to approval by the Inspector. If constructed, the road will be considered to be for the convenience of the Contractor and no additional payment will be made therefore. Removal of the road shall be required, and must be accomplished to the satisfaction of the Inspector, not later than five (5) days following project completion. B. Contractor shall immediately repair any damage to the parking areas or other City facilities prior to the final acceptance of the project. C. Should any item of work by the Contractor create a hazard in the opinion of the Inspector the Contractor shall immediately take remedial action to eliminate this hazard. If the Contractor does not take such remedial action within a reasonable time, as determined by the inspector, the City Engineer may order the work done and payment for such work shall be deducted from the contract amount. 6) BORROW AREA Not less than 24 hours in advance of the beginning of spreading activities on the east beach as indicated, the Contractor, in cooperation with the Inspector, shall set stakes to delineate the work area prior to commencement of work. Upon completion of the spreading work, the project area shall be left reasonably smooth on a slightly seaward slope so as not to pond water when overtopped by waves and tides. All excavations shall be backfilled and leveled off at the end of each working day. 7) PLACEMENT The imported material shall spread within the limits and to the approximate levels indicated on the drawing or directed by the Inspector. The fill shall be placed in full section, and no compaction other than that obtained by normal hauling and placement operations will be required. The fill slopes indicated on the drawings do not necessarily represent the final slopes that will be assumed by the material due to tide and wave action. Any material that is placed elsewhere than in places designated or approved by the Inspector will not be paid for. In the event of continuing erosion of any portion of the new beach fill, completed or partially completed, during the contract, the Contractor shall place any portion of the remaining fill material in the eroded areas when and as directed by the Inspector. It is the intent of the City to effect the movement of as much of the coarser sand to the shore zone as possible, leaving the finer sand inshore of the wave attack area. Any alternative the Contractor may suggest in the conduct of operations to achieve this end will be favorably considered. Finished beach fill surfaces above the average water level shall be graded reasonably smooth and left in a satisfactory condition. 8) WORK HOURS Work shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. No extra payment above the contract rate per cubic yard will be made for work done after normal working hours. 9) SPECIAL CONDITIONS A. During the placement of the imported beach nourishment material onto the beach, silt curtains or other forms of barriers shall be used to confine turbid water to the immediate area of the spreading activity. B. To avoid direct impacts to grunion, construction activities will not be permitted during the identified expected grunion run periods of March 10-13 & 25-28, April 9-12 & 24-27, May 8-11 & 24-27, Jame 7-10 & 22-25, July 6-9 & 21-24, August 5-8 & 20-23, 1997. • • C. The project contractor shall adhere with the noise ordinance provisions of the City (Chapter 13D of the Code of the City of Seal Beach). The project activities are exempt from the exterior noise standards if they do not take place between the hours of 8:00 P.M. and 7:00 A.M. on weekdays, including Saturday, or at any time of Sunday or local, State, or Federal holidays. D. Sand spreading activity will not occur between the hours of 6:00 P.M. to 8:00 A.M., except in emergency situations, and is not permitted at all on Saturday, Sunday or local, State, or Federal holidays. E. All project related equipment shall utilize properly working mufflers and the engines shall be equipped with shrouds. Further, all related equipment shall be in proper working order and kept in a proper state of tune to reduce backfires. F. Parking, fueling, and servicing operations for all heavy equipment and on-site vehicles shall be a minimum of 500 feet from existing homes, preferably at the 1st Street beach parking lot. G. Exhaust emissions from construction equipment shall be controlled to the greatest extent possible by the contractor, consistent with standard mitigation • measures provided within the Air Quality Management Plan: • All heavy equipment shall be kept in proper running order and tuned-up. • Equipment shall not be kept idling for mote than 2 minutes. • Construction shall be abated during 2nd Stage smog alerts. H. In order to obtain additional reduction in the significant NO„ construction emissions, the contractor shall use low emission on-site mobile construction equipment to the greatest extent possible. I. The contractor shall implement standard mitigation measures consistent with SCAQMD Rules 402 and 403, to control fugitive dust emissions and insure, to the greatest extent practicable, that nuisance dust conditions do not occur during delivery and spreading operations J. All contracts involving the subject project shall include the above stated conditions of approval. 10), EQUIPMENT STORAGE The Contractor will be allowed to store vehicles and necessary equipment, at the Contractor's risk, at the City's First Street Parking lot. The cost of any security measures by the Contractor to protect his equipment shall be borne solely by the Contractor. The Contractor shall agree to hold the City harmless for any damage to or theft of the Contractor's vehicles and/or equipment which occurs while said vehicles or equipment are stored on City property. The Contractor shall agree to indemnify and defend the City against any damage, liability, action, or claim of any kind by any person or entity arising out of the Contractor's storage of vehicles and/or equipment on City property during the course of this project. 11) COMMENCEMENT AND COMPLETION The Contractor shall commence work within three (3) calendar days after receiving notice to proceed from the City. The Contractor shall complete all work within thirty (30) working days after receipt of said notice to proceed. 12) LIQUIDATED DAMAGES Liquidated damages in the amount of$500.00 (five hundred dollars) shall be deducted from Contractor's earnings for each additional calendar day required to complete the work after the time allowed for completion has elapsed. 13) SAFETY Contractor shall provide adequate barricades, warning signs, blinkers, flagmen, and other safety equipment reasonably necessary to assure safety to the public and to the workers on the job. 14) EQUIPMENT Contractor shall provide adequate equipment, including necessary equipment for watering of project work area for dust suppression. All equipment shall avoid parking on the asphalt parking lots as much as possible. Any damage to parking lot surfaces determined by the Inspector to have been caused by the Contractor shall be immediately repaired by the Contractor at no cost to City within five (5) days of the completion of the project. 15) ESTIMATED QUANTITIES The City reserves the right to increase or decrease the quantity of cubic yards to be spread by a maximum of 25%, for which Contractor will be compensated based on the unit prices in Contractor's proposal. Contractor agrees to complete the project at the unit price bid if the quantities are increased or decreased by the City in said amounts. 16) WATER If sand storage areas exist on the beach upon completion of the delivery operations by the hauler, the Contractor must provide a watering system for dust suppression during work and at • • • the completion of each working day. The use of sea water is preferred for dust suppression. The Contractor must provide all necessary irrigation equipment. The City will provide the Contractor with hydrant meters at no charge if potable water is to be used rather than sea water, however the Contractor shall reimburse the City for all potable water used at prevailing rates. 1 . 12/18/96 11;35 MOFFATT & NICHOL + 4314067P387400 NO. 189 924 g ALAMITOS BAY ENTRANCE CHANNEL m " y m L SAN GABRIEL RIVER O K~ 0 m �.�. m T m ,� m N C i m C N • m a m s x r m I < e C Z 1 m ( �� = d m ` m = - � B8E, THREET D^ C 1JO• IL DOLPHIN 0 3 N,,;.,. - O T STREET ..0 \lb,.. Ne ru NJ g m a Aue+rvc -0 Z m X r Y m e m E m -i y m D7 r < a r 12/18/96 11:35 MOFFATT & NICHOL -* 4314067P387400 NO. 189 P25 • • I 1 • fl Z • ns 4 1r 4 r g ti Ir N r M r t r O G) lW 2 U) .- V) . !N j In .- V) ,- co O 4 _ a o \a 0.#1 i t 11 1 _ ���F` 1 II f L EAST BEACH dr Iv J C REiNF. CONC. + i ,~ J //F, l ~ Op�3� ff _ //r GROIN _1? - . �!d CREST OF TOE OF EQUILIBRIUM EQUILIBRIUM PROFILE - PROFILE CREST OF AS-BUILT PROFILE • SEAL BEACH WEST BREAKWATER { PIER I ; 0 250 500 1000 FEET • mss. — i ' PROPOSED SAND PLACEMENT PLAN I i I iLl _ � � E CC a. w m oo tci C p 1 0 2i D D IA- L1-1 = m Zi cc N. il 0 W Li_ CO E o o o p UJ o ce a _ o = z ° (/) cn ce Z o D W o / - o 0 z 4 L .0 0 - o 1* _W w 0 - o M 2 0 I- C - o i N W W w W p m - O O 2 M 3NIl3SV9 + 7 SUON3 30 Sd2i00 1 NN1 1 r f 0 3/1V Nb330 t N 1 o O o 0 t t 1 1 • • /`1 ®R® VE TIFICA OF LIABILITY Nsu w DATE(MM/DD/YY) TN 01/07/97 PRODUCER EMORY P STEPHENS INS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P O BOX 577 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR UPLAND, CA 91785 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY FAX 909 9 8 5 8155 A GOLDEN EAGLE C/O GRAY —STONE INSURANCE INSURED STRAIGHTWAY CONSTRUCTION, INC. COMPANY 1910 SANDALWOOD B FINANCIAL INDEMNITY COMPANY FULLERTON, CA 92635 COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/Y0 A GENERAL UABILITY CCP32736601 08/26/96 08/26/97 GENERAL AGGREGATE $ 1000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 1000000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1000000 _ X OWNERS & CONTRACTORS PROT EACH OCCURRENCE _ $ 1000000 FIRE DAMAGE (Any one fire) $ 50000 MED EXP (Any one person) $ B AUTOMOBILE LIABILITY C3913261 10/30/96 04/30/97 COMBINED SINGLE LIMIT $ ANY AUTO 600000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GAR AGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY EXC413810 08/26/96 08/26/97 EACH OCCURRENCE $ 1000000 UMBRELLA FORM AGGREGATE _$ 1000000 X OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY TORY LIMITS ER — EL EACH ACCIDENT $ _ THE PROPRIETOR/ INCL EL DISEASE - POLICY LIMIT $ PARTNERS /EXECUTIVE — OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS THE CERTIFICATE HOLDER IS HEREBY ADDED AS ADDITIONAL INSURED TO GENERAL LIAB. POLICY AS PER THE ATTACHED "SUPPLEMENTARY CITY OF SEAL BEACH ENDORSEMENT ". CERTIFICATE NOLOER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SEAL BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 211 EIGHTH ST. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SEAL BEACH, CA 90740 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTN. STEVEN OF ANY KIND UPON THE COMPANY, ITS AGENTS OR - PRESENTATIVES. AUTHORIZED RE SENTATIVE / _ r .�' I....__/ ACORD 2S-s (t /95) ®AC ( -« CORPORATION 1988