Contract - Chaney-Cox - 6/19/2015 ICity of Round Rock, Texas Contract Forms
Standard Form of Agreement for Competitive Sealed Proposal:
Section 00500
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City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
Ninc�emvld'h �g�}.
AGREEMENT made as of the f4f O day of June in the year 20 15 .
BETWEEN the Owner: City of Round Rock,Texas (hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor Chaney-Cox Construction.Inc. ("Contractor")
P.O.Box 1902
Temple,Texas 76503
The Project is described as: Finish out of Round Rock Sports Center Building `B" at 2400
Chisholm Trail, Round Rock, Texas, including constructing under an
existing pavilion a turfed sports court, raised deck concession seating_
athletic workout area, concession building with storage, play.&round
and perimeter fence.
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The Architect/Engineer is: Marmon Mok i
One Riverwalk Place
700 North St.Mary's, Suite 1600
San Antonio,Texas 78205 �I
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For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged,Owner and Contractor agree as follows:
ARTICLE I THE CONTRACT DOCUMENTS s
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other h
documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications,appears in Article 7.
ARTICLE 2 THE WORK OF THIS CONTRACT
Contractor shall fully execute the Work described in the Contract Documents, except to the extent
specifically indicated in the Contract Documents to be the responsibility of others.
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' ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner.
3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contractor shall commence Work within ten 10)calendar days from the date delineated in the Notice to
Proceed.
3.4 Contractor shall achieve Substantial Completion of the entire Work no later than on or before November 6,
2015,subject to adjustments of this Contract Time as provided in the Contract Documents.
3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the
date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated
damages, the sum of One Thousand and No/100 Dollars ($!,Q 00.00 for each calendar day that Substantial
Completion is delayed after the date(s)specified for Substantial Completion. It is hereby agreed that the liquidated
damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that
would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on
or before the date(s)specified for Substantial Completion in the Agreement.It is agreed that the harm that would be
caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage
facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate
estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on
or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall
have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the
Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The
date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject
to adjustment as provided in the Contract Documents.
3,6 Contractor shall achieve Final Completion of the entire Work no later than on or before November 30,
2015 .
ARTICLE 4 CONTRACT SUM
4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the
Contract. The Contract Sum shall be One Million One Hundred Twenty Thousand One Hundred Thirty-Four and
no/lOODollars($ 1,120,134.00),subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents
and are hereby accepted by Owner:
Alternate#2-$22.984.00
Alternate#3-$49,150.00
Additional$30,000.00 per the geotechnical
n clarification for the 3'deep building pad
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for
Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress
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payments on account of the Contract Sum to Contractor as provided below,in Article 14 of the City of Round Rock
General Conditions,and elsewhere in the Contract Documents.
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month.
5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a
Certificate of Payment not later than the tenth(10th)day of a month, Owner shall make payment to Contractor not
later than the tenth(10th)day of the next month.If an Application for Payment is received by Engineer and Owner
after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer
issues a Certificate for Payment.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by
Engineer or Owner,shall be used as a basis for reviewing Contractor's Applications for Payment.
I5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of eachI ro ess a computed as provided in Article 14 of the City of Round Rock General
Conditions. p payment shall be
5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for
materials or equipment which have not been delivered and stored at the site.
5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to
Contractor when:
.1 Contractor has fully performed the Contract except for Contractor's responsibility to correct
Work,and to satisfy other requirements,if any,which extend beyond final payment;and
.2 a final Certificate for Payment has been issued by Engineer.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30)
days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment
shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment, and shall not
be treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round I.
Rock General Conditions.
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6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General II
Conditions.
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ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
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7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
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7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owner and Contractor for Competitive Sealed Proposals,as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project
Manual dated June 11,2015 .
7.1.4 The Specifications are those contained in the Project Manual dated June 11,2015 .
7.1.5 The Drawings,if any,are those contained in the Project Manual dated June 11,2015 .
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
June 11,2015.
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda, if any, are those contained in the
Project Manual dated June 11,2015.
7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms
03000,"Federally Required Contract Clauses,as modified.
�1 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows:
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None
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
8.2 Owner's representative is: Travis Wilkes
Building Construction Manager,General Services
212 Commerce Boulevard
Round Rock,TX 78664
8.3 Contractor's representative is: Charles F.Cox,President
Chaney-Cox Construction,Inc.
P.O.Box 1902
Temple,Texas 76503
8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to
the other party.
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
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8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the
event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly, and
neither more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock,Texas, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,
any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least three(3)
original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the
Contract,and the remainder to Owner.
OWNER CONTRACTOR
CITY F OUND ROCK,TEXAS CHANE OX CONST C N,INC.
Printed Name: �\LI/LY► 'V'�6M (rinteXName: Charles F.Cox
Title: Title: President
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Date Signed: • Signed: June 1,2015
�9'(� Date gn
ATTEST:
stw 1✓ - Y
City Clerk
FO TY,AP�R.OVE ASITO FORM:
City rney
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Bond #106237302
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Chaney-Cox Construction, Inc. of the City of Temple County of
Bell and State of Texas as Principal and Travelers Casualty and Surety
, > > Company ofAmerica
authorized under the law of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of
One Million One Hundred Twenty Thousand One Hundred Thirty Four and No/100 Dollars ($ 1,120,134.00 ) for
the payment whereof, well and truly to be made the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns,jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the
-Ut- 19 *")- day of June , 2015 to which the Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of: Finish out of Round Rock Sports Center Building"B"at 2400 Chisholm Trail, Round Rock,
Texas, including constructing under an existing pavilion a turfed sport court, raised deck concession seating,athletic
workout area,concession building with storage, playground, and perimeter fence. (Name of the Project)
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Agreement, agreed and covenanted by the Principal to be observed and performed, including but
not limited to, the repair of any and all defects in said work occasioned by and resulting from
defects in materials furnished by or workmanship of, the Principal in performing the Work
covered by said Agreement and occurring within a period of twelve (12) months from the date of
Final Completion and all other covenants and conditions, according to the true intent and
meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation
shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
006101-2009 Performance Bond
00090656
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the term of the Agreement, or to the Work performed thereunder, or the Plans,
Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 1 st day of June � 20 15 .
Chaney-Cox Construction, Inc. Travelers Casualty and Surety Company of America
Principal Surety
Charles F. Cox Eva O. Limmer
Printed Name Printed Name
By: By:
Tit President Title: Attorney-in-Fact
Addres . P.O. Box 1902 Address: One Tower Square
Temple,TX 76528 Hartford, CT 06183
Reside A n f re
Sign e
Joh .Ward
Printed Name
1107 East Main Street
Street Address
Gatesville,TX 76528
City, State & Zip Code
Page 2
00610 7-2009 Performance Bond
00090656
Bond #106237302
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Chaney-Cox Construction, Inc. of the City of Temple County of
elers Casually and Surety
Bell , and State of Texas as Principal, and Company of America
authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held
and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors,
workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have
the right to sue upon this bond, in the penal sum of
One Million One Hundred Twenty Thousand One Hundred Thirty Four and No/100 Dollars
($ 1,120,134.00 ) for the payment whereof, well and truly be made the
said Principal and Surety bind themselves and their heirs, administrators, executors, successors,
and assigns,jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated
the -tst- �1)' - day of June , 20 15 , to which Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein Consisting of. Finish out of Round Rock Sports Center Building"B"at 2400 Chisholm Trail, Round
Rock,Texas, including constructing under an existing pavilion a turfed sports court, raised deck concession seating,
athletic workout area, concession building with storage, playground and perimeter fencing (Name of the Project)
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers,
all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies
and materials done and furnished for the construction of the improvements of said Agreement,
then this obligation shall be and become null and void; otherwise to remain in full force and
effect.
PROVIDED HOWEVER that this bond is executed pursuant to the provisions of Chapter 2253
> p P p
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
Page 1
00620 7-2009 Payment Bond
00090656
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this 1st day of June , 2015
Chaney-Cox Construction, Inc. Travelers Casualty and Surety Company of America
Principal Surety
Charles F. Cox Eva O. Limmer
Printed Name Printed Name
B By:
ttle: Presidents Title: Attorney-in-Fact
A ess: P.O. Box 1902 Address: One Tower Square
Temple, TX 76502 Hartford, CT 06183
Residen ge e
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Signatur
John R and I'
Print d Name
1107 East Main Street
Street Address
Gatesville, TX 76528
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Page 2 h
00620 7-2009 Payment Bond
00090656
Client#:127 CHANCON
ACORD- CERTIFICATE OF LIABILITY INSURANCE D6/01/20152015YYY)
I� 6/01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW,THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Eva Llmmer
Ward&Moore Ins Services LP PHONEFAX
ac,No,Ext):254 865-8411 ac,No):254 865-8414
P.O.Box 179 E-MAIL elimmer@ward-moore.com
254865--884111 Galesville, 76528 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC#
254 86
INSURED INSURER A:The Cincinnati Ins Co 10677
INSURER B:Texas Mutual Ins Co 22945
Chaney-Cox Construction,Inc.
P O Box 1902 INSURER C
Temple,TX 76503 INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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 CONTRACTOR 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.
TR TYPE OF INSURANCE 1SR N8RL yyyp POLICY NUMBER MNUDDNYYY) (MMO/LDIDNYYY) LIMITS
A GENERAL LIABILITY CPP1091040 4/01/2015 04/01/2016 EACH OCCURRENCE $1,000,000
�. X COMMERCIAL GENERAL LIABILITY PREMISES R RENT $500 000
CLAIMS-MADE a OCCUR MED EXP(Any one person) $10,000
X PD Ded:250 PERSONAL&ADV INJURY $1 000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
POLICY X PRO
- LOC X LOC $
A AUTOMOBILE LIABILITY CPA1091040 4/01/2015 04/01/201 E°aBadeD SINGLE LIMIT 1,000,000
X ANY AUTO BODILY INJURY(Per person) $
ALLOWNED SCHEDULED BODILY INJURY Per accident
AUTOS AUTOS ( ) $
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
�. A XUMBRELLA LIAB X OCCUR CPP1091040 4/01/2015 04/01/2016 EACH OCCURRENCE $1,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000
DED I X RETENTION$O $
n B WORKERS COMPENSATION SBP0001156567 4/01/2015 04/01/201 E X WC STATU- OTH-
�JI AND EMPLOYERS'LIABILITY Y/N T .,
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500OOO
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000
J
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
f Project: City of Round Rock Sports Center Building"B"
Additional Insured endorsement for General Liability,Auto Liability&Umbrella Liability attached.
Waiver of Subrogation endorsement for General Liability,Auto Liability,Umbrella Liability&Workers'
Compensation attached.
30 Day Notice of Cancellation endorsement for all policies attached.
General Liability,Auto Liability&Umbrella Liability Primary&Non-Contributory endorsement attached.
CERTIFICATE HOLDER CANCELLATION
City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS.
221 E. Main Street
Illp Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE
f CORD CORPORATION.All rights reserved.
9 ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S138026/M136943 EOL