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HomeMy WebLinkAboutContract #: 1384 - From: 12-01-2020 To: 11-30-2023 - Water Safety Services - Water Treatment Plant TOWN OF NORTH ANDOVER STANDARD SHORT FORM CONTRACT DOCUMENT CONTRACT NO: Contractor Legal Name: Town Department Name: Water Safety Service, Inc. Town of North Andover Contractor Address: Mailing Address: Six Walnut Hill Park 120 Main Street Woburn, MA 01801 North Andover, MA 01845 Contractor Vendor ID: Rate(if applicable): 2, � � Not to exceed $100,000 Contract start date: Contract End Date: December 1, 2020 November 30,2023 Description of Scope(Attach support documentation) Cross connection control program per the attached scope of services. Contract Signatures: Approved as to the availability of ALL REQUIRED DOCUMENTS AGREES TO PROVIDE THE appropriations ATTACHED GOODS OR SERVICES AS INDICATED IN ACCORDANCE In the amount of WITH THESE CONTRACT DOCUMENTS AS DEFINED IN THE NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS F' ce Director: Department Head: Contractor: . ea'&(C/ filR'z Signs Signature Agnat dl a Title: /0/4-s'CIN f Date: , Date: �' \ + �U Date: 111,x3ldede Town Manager: Town Counsel: -M�V� /'x A7777� I Signature Signature Date: Date: . 24� TOWN OF NORTH ANDOVER STANDARD CONTRACT GENERAL CONDITIONS' Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows: 1."Town"shall mean the Town of North Andover,Massachusetts 2. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's Price Proposals,Performance Bonds,which documents are incorporated herein by reference. Any conflict between the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals. 3."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is awarded. Article II.Performance: The Contractor shall provide the services to undertake and perform all appropriate tasks described in the Contract Documents. The Contractor shall upon written request remove from Town premises or work sites and replace all individuals in the Contractor's employ whom the Town determines to be disorderly, careless or incompetent or to be employed in violation of the terms of this Contract. Performance under this contract shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services performed by and work product of the Contractor and accept or reject such goods,deliverable, services or work product. Article III.Time of Performance:.The Contractor shall commence work immediately upon execution of this Agreement. If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as determined by the Town,the Town may give notice in writing to proceed with the work or to carry on more speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town, the Contractor shall be considered in default in the performance of the Contract. This Agreement may be extended or renewed upon agreement of the parties and only upon execution of written agreement. Article IV. Revisions in the Work to be Performed: If the Town requires revisions or other changes to be made in the scope or character of the work to be performed,the Town will promptly notify Contractor.For any changes to the scope of work,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The Contractor shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined by the Town. Article V. Payment for Services: The Town shall make payment to the Contractor as on the schedule and based on the milestones and deliverables set forth in the Contract Documents or on a periodic basis. Article VI. Ownership and Confidentiality of Material,Work Products: All information,data,reports, studies,designs,drawings,specifications,materials,computer programs,documents,models, inventions,equipment, and any other documentation,product of tangible materials to the extent authored or prepared pursuant to this Contract(collectively,the"Materials"),shall be the property of the Town. All Contractor proprietary rights shall be detailed in the Contract Documents. At the completion or termination of this Contract copies of all original Materials shall be promptly turned over to the Town.Once the Town has paid for a particular Material,ownership vests in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's request for the same without cost to the Town. The Town may use the Materials with respect to construction, maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time to time. The Town may use the Materials produced,generated or compiled by the Contractor for another project, provided the Contractor shall not be responsible for changes made to the drawings,plans,or specifications without the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project. The Town agrees,to the extent permitted by law,to hold the Contractor harmless from any claims, losses arising out of any use or changes to the Materials by the Town or its representatives during any other construction not a part of this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract 1 These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L. c. 30B or for exempt good and services. 1 without prior written consent of the Town. Article VII. Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final payment for final services under this Agreement shall be deemed to release of the Town forever from all claims, demands,and liabilities arising from,out of,or in any way connected with this Agreement. The Contractor shall execute a release if asked to by the Town. Article VIIL Indemnification: The Contractor shall indemnify,defend and hold harmless the Town and all of its officers,agents and employees,with counsel acceptable to the Town,from all suits,claims, demands,losses and liabilities brought against them or based upon or arising out of any act or omission of the Contractor, its agents, officers,employees,or subcontractors in any way connected to this Agreement. The Contractor agrees that it shall be solely responsible for the conduct,health,and safety of its employees during the term of this contract and shall hold the Town harmless for any injuries,damages or losses incurred by its employees while working on this project. The Contractor's agreement to indemnify the Town shall not be deemed to be released,waived or modified in any respect by reason of any surety or insurance provided by the Contractor under the Agreement. Article IX. Insurance: The Contractor shall secure and maintain insurance adequate to meet its obligations hereunder and shall provide the Town with certification of such. The Contractor shall at its own expense maintain motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance with a minimum limit of$1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of $25,000.00. Article X.AssiEnment: The Contractor shall not assign,transfer,delegate or subcontract any interest in this Agreement without the prior written consent of the Town. Article XI. Relationship with the Town: All services to be performed under the terms of this contract will be rendered by the Contractor as an independent Contractor. None of the terms of this contract shall create a principle- agent,master-servant or employer-employee relationship between the Town and the Contractor. The Contractor shall have no capacity to bind the Town in any contract nor to incur liability on the part of the Town and if the Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal shall not obligate the Town in any manner to any such employee. Article XII.Compliance with Laws and Contractors Responsibilities: The Contractor certifies that it and its subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any employee, or applicant for employment because of race,age,color,religious creed sexual orientation or identification,handicap,ancestry,sex or national origin. The Contactor will in all solicitations or advertisement form employees placed by or on behalf of the contractor,state that all qualified applicants will receive equal consideration for employment without regard to race,age,color,religious creed, sexual orientation or identification, handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to comply with M.G.L.c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on a project for which the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable. If an employer,the Contractor certifies compliance with applicable state and federal employment laws and regulations,including but not limited to minimum wages and prevailing wages programs and payments, unemployment insurance and contributions,workers compensation and insurance,child labor laws,human trafficking,fair labor practices, civil rights laws,non-discrimination laws and any and all other applicable laws. The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract Documents and to ensure their compliance with all applicable legal,quality and performance requirements of the Contract Documents. The Contractor may not use subcontractors not named in the Contract Documents without the prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for labor and/or services and materials contracted by it, if any,and for the rental of any office space,equipment or machinery hired by it,if any,for and on account for the services to be performed hereunder. The Contractor shall not take any action that causes any public official to be in violation of the State Ethics Law,M.G.L.c.268A. The Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U.S.government, the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal or state criminal or civil judgement,administrative citation, order for violation of M.G.L. c. 149,s. 151 or the Fair Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that it has not declared bankruptcy. 2 Article XIII. Severability: In the event any provision of this Agreement is found by a court of appropriate jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full force and effect. Article XIV. Termination of Agreement: The Town may terminate this Agreement upon immediate written notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by which Contractor shall cure the failure. If the Contractor fails to cure within the time as may be required by the notice,the Town may at its option,terminate the Agreement. The Town may terminate this agreement without cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the event of termination,the Contractor shall be compensated for work product and services performed prior to the date of termination. In no event shall the Contractor be entitled payment for any services performed after the effective date of termination,and under no circumstances shall the total price exceed the contract price. Article XV. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court in the County of Essex, Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof. 3 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that our bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature VDate - " C 0 C C C �✓ Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I ' m h , authorized signatory for ;' &LI Ear ,� Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes,permit or other fees, reporting of employees and contractors, and withholding and remitting child support. natu e Date 4 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the 6(&1de41 V4/er (C held on 0,)0 it was VOTED, THAT -See� P //C Ice f qt-,, , fir F7f (Name) (Officer) of -S�jy,ce,S be and hereby is authorized to execute contracts and bonds in the name and on behalf of said COMO(�/-/'O/l and affix its corporate seal hereto; and such execution of any contract or obligation in the naTe of on its behalf by such officer under seal of ,'(e shall be valid and binding upon ro r6?<A'c i'l I hereby certify that I am the clerk of the above named 114 40 o and that S Ve is the duly elected officer as above of said (foar 46A and that the above vote has not been amended or rescinded and'-p— 'l remains in full force and effect as the date of this contract. A/ 94 0 (Date') (Clerk) 41?1-1 Water Safety Services, . Six Walnut Hill m Park, Ma. 01801 -3720 Woburn, 11/02/2020 PROPOSAL FOR THE TOWN OF NORTH ANDOVER CROSS CONNECTION CONTROL PROGRAM I. PURPOSE Perform for the Town of North Andover(Town) through its Water Department, the implementation of a formal program to perform services relative to Massachusetts Drinking Water Regulations, 310 CMR 22.22 and to provide a qualified Cross Connection Control program. 11. SCOPE OF SERVICE 1. Perform as requested by the Cross Connection Control Coordinator, surveys and inspections of all commercial, industrial, agricultural, institutional and municipal facilities served by the North Andover Water System as required by the Massachusetts Department of Environmental Protection(DEP). Surveys and tests shall be performed by persons certified by the DEP, combination license required, and shall consist of meeting with the owners or their representatives at the premises and informing them both orally and in writing of the responsibility of the Town and themselves with regard to cross connections and Massachusetts regulations. 2. After completion of the survey and inspection prepare and forward the results to the owner detailing on a Cross Connection Violation Form any and all violations found to exist as a result of the physical inspection performed, including procedures for corrective action on the part of the property owner. A report of the survey for each premise will be forwarded to the Cross Connection Control Coordinator. Copies of any Cross Connection Control Violation Forms will be forwarded to the Cross Connection Control Coordinator and the Massachusetts Department of Environmental Protection. 3. Perform the review and approval of Design Data Sheets and make recommendations to the Cross Connection Control Coordinator on approval or any necessary modifications needed prior to approval. All plans shall be reviewed by a certified Cross Connection Surveyor with a minimum of five (5) years' experience. 4. Test, and re-test as necessary, all backflow prevention devices as required by the Massachusetts Department of Environmental Protection or by local ordinance. Record the type, size and location of each device and forward the results of any and all tests to the required parties. I I. SCOPE OF SERVICES (Cont.) 5. Perform an Annual System Survey for the Town to ascertain any changes Within the system. Identify new facilities, changes to existing facilities and identify cross connection violations and devices installed or required by canvassing the entire Town. 6. Submit reports to the property owner,the DEP and the Cross Connection Control Coordinator any violations regarding the provisions of the Massachusetts Drinking Water Regulations, 310 CMR 22.22 7. Submit to the D.E.P. and the Cross Connection Control Coordinator, by February 15th of each year, the results of the previous year's surveys and tests. (Annual Report) 8. Submit, as requested by the Cross Connection Control Coordinator,reports detailing at a minimum the following information: a. The locations and dates of surveys performed. b. The number and locations of any cross connections, including the size and type of device required for each location. C. The number and location,with size, type and manufacture of any devices presently installed. d. The results of all tests performed at each location. 9. Prepare customer invoices, on behalf of the Cross Connection Control Coordinator, in duplicate,to be mailed to property owners,outlining the service performed and with rates established by the Town. Prepare as directed by the Cross Connection Control Coordinator invoice on overdue accounts for the Town of North Andover Cross Connection Control Program. 10. Prepare, copy and provide records for the Cross Connection Control program to be on file at the Town. Records shall be maintained for a period of seven(7)years. 11. Prepare copies of test reports, fail test notification, and retests for failure and mail results to the property owner. 12. Provide to the Town an internet based computer database containing all cross connection control activity, with the ability to be accessed on any Internet computer. Such database will be personalized and protected by a user name and password of the Cross Connection Control Coordinator. 13. Perform all services necessary to ensure compliance with all Massachusetts Drinking Water Regulations, 310 CMR 22.22, and the Department of Environmental Protection. III. SPECIFICATIONS 1. The Contractor shall be a certified corporation or partnership with an established place of business in Massachusetts, registered to do work in the Commonwealth of Massachusetts. 2. All current appropriate Massachusetts regulations on backflow prevention will be obtained and reviewed to assume compliance. 3. The Contractor will not install, service or repair, or sell any devices, or other water related activity within the Town. 4. The Contractor shall demonstrate capability to perform this work including: A. list of personnel by title B. list/type vehicles available to do this work C. list of current management or ownership with five years' experience in the administration and implementation of municipal cross connection control programs. 5. The Contractor will have a fully established computer system, with the ability to download systems and instruct Town personnel of its operations. 6. All surveys and tests shall be performed by Massachusetts Department of Environmental Protection licensed and certified personnel. All Design and Data Sheet plans shall be reviewed by a DEP Certified Surveyor on staff of the contractor. 7. The Contractor will provide to the Town any public press releases and educational seminars if requested by the Town. 8. The Contractor shall be responsible for all mailings to building owners/agents for whom surveys and tests will be performed. 9. The Contractor shall be responsible for the billing of monies owed by the building owners/agents for whom services have been performed. 10. The Contractor will review all survey results, Design Data Sheets and plans submitted by installers with final approval by the Town Cross Connection Control Coordinator. 11. The Contractor will perform expedient services to the Town of North Andover to assure that once the program has begun, it will continue uninterrupted and as quickly and efficiently as possible. 12. The Contractor will work fully and cooperatively with the Town of North Andover Cross Connection Control Coordinator. I I.I. SPECIFICATIONS (cont.) 13. The Contractor and his employees will act professionally and courteously at all times to building owners/agents and tenants while performing services. 14. The Contractor will provide a toll free telephone number for all questions and/or complaints from property owners or their agents. 15. The Contractor must comply with all Town administrative and recordkeeping requirements. 16. The Contractor will provide these services to all premises within the Town of North Andover which are required by law. 17. The Contractor will develop a schedule for testing and notification to the customer of the testing schedule. The schedule will be approved by the Cross Connection Control Coordinator. 18. The Town may request the Contractor's employee's wear an approved company uniform and identification badge with photograph during normal working hours, and may request all vehicles used by the Contractor shall display identification signs on both sides of the vehicle, acceptable to the Town and pertaining to the Contractor and the project. 19. The Contractor shall be responsible for the preservation of all public and private property, and shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, as his expense to a condition similar or equal to that existing before the damage was done, or he shall make good the damage in another manner acceptable to the property Town. 20. The contract shall remain in full force and effect for three (3)years from the date of commencement. The option to renew shall be on agreement of both parties and as permissible by law. COST PROPOSAL QUOTATION PAGE Complete Town Survey: $ 35.00 per Cross Connection Survey $ 10.00 per Non Cross Connection Survey Design Data Sheet and Plumbing Plan approval: $ No Charge Backflow Device Testing: $ 35.00 per Test Backflow Device Re-test: $ No Charge Billing/Invoicing: $ No Charge Annual System Survey: $ No Charge Computer Program/Software: $ No Charge The undersigned, as proposer, declares that he has thoroughly inspected and carefully examined the proposal and specifications. If this proposal is acceptable,he will contract with the Town of North Andover and he will accept as full payment for the work,the unit prices as quoted. All overhead,profit, administrative costs and any other costs and expenses are to be included in the above unit prices. Any questions in regards to this proposal should be directed to: Water Safety Services,Inc. 6 Walnut Hill Park Woburn,MA 01801 781-932-8787 Joseph R.Heitz Vice President 11/02/2020 A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/23/2020 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 have ADDITIONAL INSURED provisions or 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 CO CT Kathleen Vogel NAME: Saltmarsh Insurance Agency,LLC PHONE (781)729-4615 FAX No: (781)729-3756 AIC No Ext 751 Main Street E-MAIL kvo el saltmarshinsurance.com ADDRESS: 9 P.O.Box 458 INSURER(S)AFFORDING COVERAGE NAIL# Winchester MA 01890 INSURERA: Phoenix Insurance Company 25623 INSURED INSURER B: Travelers Property Casualty Co 25674 Water Safety Services Inc. INSURER C: Travelers Indemnity Co Of Ct 25682 6 Walnut Hill Park INSURER D: INSURER E: Woburn MA 01801 INSURER F: COVERAGES CERTIFICATE NUMBER: 2020-2021 Master Cert 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 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. 1 SR ADOL15UBR POLICYTFF—POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD MMIDD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE17— CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 5,000 A 6805336H449 08/15/2020 08/15/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JE Q LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident F $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS LIAB HCLAIMS-MADE CUP1384YJ36 08/15/2020 08/15/2021 AGGREGATE $ 1,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY YIN 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? N/A U64J415082 08/25/2020 08/25/2021 500,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Town of North Andover is listed as Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main St AUTHORIZED REPRESENTATIVE ([� North Andover MA 01845 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD