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HomeMy WebLinkAbout2019-165-E AMS - Triangle Landscaping Greene Tract gravel drive DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 [Departmental Use Only] TITLE Merin Rd FY 2018-19 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 18th day of February, 2019, by and between Triangle Landscaping, Inc., (hereinafter called the "Contractor"), the Town of Chapel Hill (hereinafter called the "Town") and Orange County, a body politic and a political subdivision of the State of North Carolina (hereinafter called the "Owner" or"County"). WITNESSETH: That the Contractor, Town and Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and/or Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by N/A (Sheet dated ) b. Written specifications prepared by the project engineer. c. N/A proposal dated , 20 which fully describes the work to be performed. Such work will hereafter be called the "Work". d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING Revised 12/18 1 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by May 30, 2019. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, Revised 12/18 2 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and/or Subcontractor(s) in the performance of the Work including all of Owner's property in Contractor's care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner and the Town hereby agree to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-exceed Sixty Thousand Dollars ($60,000.00). The Owner shall be responsible for a sum not-to-exceed Thirty Thousand Dollars ($30,000.00) and the Town shall be responsible for a sum not-to-exceed Thirty Thousand Dollars ($30,000.00) Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Town a Request for Payment for the value of one half(50%) of the Work done during the previous calendar month and shall similarly submit a Request for Payment to the Owner for the value of the remaining one half(50%) of the Work. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner at 131 W. Margaret Lane, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. The Request for Payment to the Town shall be in the form of a standardized invoice or AIA Document G702-703 appropriately addressed to Town at Town Attorney's Office, Town of Chapel Hill, 405 Martin Luther King Jr. Blvd., Chapel Hill,NC 27514. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner and Town on or before the last business day of the month. Owner and Town shall each retain five percent (5%) of their respective payment obligations. 1. Upon Owner's Representative's certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Town or Owner's Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payments shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately Revised 12/18 3 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements — Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.oran eg countync. o�l2artments/purchasing division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. b. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY a. The Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Town and the Owner and their agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. Revised 12/18 4 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 b. The Contractor shall indemnify and hold harmless the Town and Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner's property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the Project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect the Town, Owner, and Owner's lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner and the Town. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.oran eg countync. o�l2artments/purchasing division/contracts.php). b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON—APPROPRIATION Revised 12/18 5 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 a. Contractor acknowledges that Town and Owner are governmental entities, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. b. In the event that public funds are unavailable and not appropriated for the performance of Town or Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Town or Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that neither Town nor Owner shall activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. c. In the event of a change in the Town or Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Town or Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to the Town or Owner upon written notice to Contractor of such limitation or change in the Town's or Owner's legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified mail, return receipt requested to the following: Owner: Town: Contractor: Orange County Town of Chapel Hill Triangle Landscaping, Inc Attn: AMS Attn: Ralph Karpinos PO Box 144 P.O. Box 8181405 Martin Luther King Jr, Blvd Stem,NC 27581 Hillsborough,NC 27278 Chapel Hill,NC 27514 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and/or the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and/or any code or law. Revised 12/18 6 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor's expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. g. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. h. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. i. The County has designated Angel Barnes to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The County's representative in performing this work shall act on behalf of the County and the Town. The Town is a signatory to this Contract for the purposes of assuming responsibility for payment of one-half of the amount due to Contractor as set forth above. The Town shall have no authority or for the management of the Contract on behalf of the County and the Town. j. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non- discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated herein by reference and may be viewed at http://www.oran.eg countync• ov�/departments/purchasing division/contracts.php). Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. k. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article I I A and Article 40 of North Carolina General Statute Chapter 66. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES Revised 12/18 7 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 a. The Local Governments (County and Town) and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by the Local Governments for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00)per day. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner's order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of the Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00)per day. c. Contractor may terminate the Contract if, at the Owner's written direction, the Work is stopped for twenty one (21) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate Revised 12/18 8 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for twenty one (21) consecutive days. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. [SIGNATURE PAGE TO FOLLOW] Revised 12/18 9 DocuSign Envelope ID: EF025B1F-945D-4AD0-89C8-770395A67984 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR f�akuit.�euuwt�+ 3/14/2019 2/20/2019 Signature Signature County Manager Brad Lewis President Printed Name and Title TOWN OF CHAPEL HILL �tat{yiu �ont5 3/14/2019 Maurice Jones Town Manager This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. SIX 11L 3/11/2019 Finance Officer Date Revised 12/18 10 DocuSign Envelope ID: EF025131 F-945D-4AD0-89C8-770395A67984 Triangle Landscaping Inc. Estimate PO Box 144 Stem,NC 27581 Date Estimate# 2/17/2019 454 Name/Address Orange County Asset Management Services 131 West Margaret Lane Hillsborough,NC 27278 Project Description Qty Cost Total Merin&Billabong(Create new driveway,Estimated Length 875') Tree Removal(Trees and Stumps) 11,500.00 11,500.00 New RCP 18"- 120'long will be placed where new driveway ties 14,944.00 14,944.00 into existing drive. Rip Rap to be placed at ends of pipe 2,200.00 2,200.00 Erosion control(Erosion Matting and Logs) 4,865.00 4,865.00 ABC Stone(720 tons) 14,400.00 14,400.00 Grading and Hauling 12,091.00 12,091.00 Total $60,000.00 Customer Signature DocuSign Envelope ID: EF025131 F-945D-4AD0-89C8-770395A67984 rErie CERTIFICATE OF INSURANCE oluol insurance -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- 100 Erie Ins.I'll. • Erie.PA 16530 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY DATE ISSUED 02/19/2018 THE SORGI INSURANCE AGENCY INC JJ 1095 16 CONSULTANT PL STE 102 NAME AND ADDRESS OF CERTIFICATE HOLDER DURHAM, NC 27707-6313 919-682-4814 NAME AND ADDRESS OF NAMED INSURED ORANGE COUNTY TRIANGLE LANDSCAPING INC * PO BOX 8181 PO BOX 144 HILLSBOROUGH NC 27278— STEM NC 27581-0144 This is to certify that Policies,as indicated by Policy Number below,are in force for the Named Insured at the time that the certificate is being issued. : ::::•. .�;..;:.;.; RI:ICY:....0E.....:::::;._::::::::::::::::::";-:::::::;::;::::,.........: ----„"" ;;; ;:•5::s:•: :•s:5::5:•::•s:•s:•s:•s:•s:• ;: ;.;.....F :i'• „ -... EkPfltlt A'C1�F GENERAL LIABILITY Q272620479 03/26/2018 03/2612019 EACH OCCURRENCE t 1000000 CO M M ERC IAL G E N E RAL LIABILITY OCCURRENCE FORM FIRE DAMAGE G EN'L AG G R EG AT E LIMIT APPLIES (Any one premises) 5 1000000 PER:POLICY VOLUNTARY PROPERTY DAMAGE MED EXP(Any one person) S E]000 PERSONAL&ADV INJURY S 1000000 GENERAL AGGREGATE $ 2000000 i PRODUCTS-COMPIOP AGG S 2000000BODILY INJURY X. 6:5: AUTOMOBILE LIABILITY Q032630379 03/26/2018 03/26/2019 (EACH PERSON) S ANY AUTO(OWNED,HIRED, BODILY INJURY § ; NON-OWNED) EACH ACCIDEN PROPERTY DAMAGE S BODILY INJURY AND � PROFERTY DAMAGE 750000 COMBINED EACH OCCURRENCE : .... >:<'`':>:==>:-- : 5's: AGGREGATE ---------------------- STATUTORY .;;. WORKERS COMPENSATION Q872600559 03/26/2018 0312612019 ;�.... AND BODILY ACCIDENT S 500000 EACH ACCIDENT EMPLOYERS LIABILITY INJURY DISEASE s 500000 POLICY LIMIT BY DISEASE $ 500000 EACH EMPLOYEE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION:SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND ERIE INSURANCE CONFERS NO RIGHTS ON THE CERTIFICATE HOLDER.IT DOES NOT AFFIRMATIVELY OR NEGATIVELY LIST,AMEND,EXTEND OR OTHERWISE ALTER THE TERMS,EXCLUSIONS AND CONDITIONS OF INSURANCE COVERAGE CONTAINED IN THE POLICY(IES)INDICATED ABOVE.THE TERMS SEE REVERSE SIDE AND CONDITIONS OF THE POLICY(IES)GOVERN THE INSURANCE COVERAGE AS APPLIED TO ANY GIVEN SITUATION.LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS PAID.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED , REPRESENTATIVE OR PRODUCER AND CERTIFICATE HOLDER. AUTHORIZED OF-1668 09112 CIF REPRESENTATIVE