2400 - Dunwright Painting and Coating - On-call Painting and Building Maintenance Services r
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CITY
OF ROSEMEAD
ON-CALL PAINTING AND BUILDING MAINTENANCE SERVICES
(DUNWRIGHT PAINTING AND COATING)
AMENDMENT# 2
The Agreement that was made and entered into on the 24th day of July, 2014 by and
between the City of Rosemead, a municipal organization organized under the laws of
the State of California with its principal place of business at 8838 E. Valley Boulevard,
Rosemead, CA 91770 and Dunwright Painting and Coating with its principal place of
business at 4792 Templeton Street, Los Angeles, CA 90032, is hereby extended from
the period of May 23, 2017 through June 30th, 2018. All existing provisions of the
original agreement, and previous extension of the period July 1, 2015 through June 30,
2016, shall remain intact.
Signed:
CITY OF ROSEMEAD DUNWRIGHT PAINTING AND COATING
By: a%� 5/.23/7 By: - 115 ;;Kathy Ga cia Date . rique G.a
Public Works Director owner
E M
K l��rl
°RPORATFO‘9
CITY OF ROSEMEAD
ON-CALL PAINTING AND BUILDING MAINTENANCE SERVICES
(DUNWRIGHT PAINTING AND COATING)
AMENDMENT 1
The Agreement that was made and entered into on the 24th day of July, 2014 by and
between the City of Rosemead, a municipal organization organized under the laws of the
State of California with its principal place of business at 8838 E. Valley Boulevard,
Rosemead, CA 91770 and Dunwright Painting and Coating with its principal place of
business at 4792 Templeton Street, Los Angeles, CA 90032, is hereby extended from the
period of July 1, 2015 through June 30, 2016. All existing provisions of the original
agreement shall remain in effect.
Signed:
CITY OF ROSEMEAD DUNWRIGHT PAINT NG AND COATING
i 00or
By: EMILsal f°/(/1I By: .r��� -
ffAllred Date riqueGarz-
City Manager •wner ,
CONSTRUCTION CONTRACT
e -pry t,tt' -c' C yU �9Z
A00023
ON -CALL PAINTING AND BUILDING MAINTENANCE SERVICES
(DUNWRIGHT PAINTING AND COATING)
1. PARTIES AND DATE
This Contract is made and entered into this � day of V 12l
(Effective Date) by and between the City of Rosemead, a municipal corpofation of State
of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ( "City") and
Dunwright Painting and Coating with its principal place of business at 4792 Templeton
Street, Los Angeles, CA 90032 (hereinafter referred to as "Contractor "). City and Contractor
are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS
2.1 Contractor
Contractor desires to perform and assume responsibility for the on -call painting and
building maintenance services by the City on the terms and conditions set forth in this
Contract. Contractor represents that it is experienced in providing such work services to
public clients, that it and its employees or subcontractors have all necessary licenses and
permits to perform the Services in the State of California, and that is familiar with the plans
of City.
2.2 Project
City desires to engage Contractor to render such services described herein as Project
('Project') as set forth in this Contract.
3. TERMS
3.1 Scope of Services and Term
3. 1.1 General Scope of Services. Contractor promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction services necessary
for the Project ( "Services'). The Services are more particularly described in Exhibit "A"
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attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Contract, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Contract shall be from Effective Date shown
above to June 30, 2015 unless earlier terminated as provided herein. Contractor shall
complete the Services within the term of this Contract, and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the term of
this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates, Independent Contractor, The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the Services
under this Contract on behalf of Contractor shall also not be employees of City and shall at
all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Contract and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including,
but not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services: Contractor shall perform the Services
expeditiously, within the term of this Contract, and within the schedules timeline. Contractor
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the Associate Civil
Engineer, or his designee, to act as its representative for the performance of this Contract
( "City's Representative "). City's Representative shall have the power to act on behalf of the
City for all purposes under this Contract. Contractor shall not accept direction or orders from
any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Enrique
Garza, or his designee, to act as its representative for the performance of this Contract
( "Contractor's Representative'). Contractor's Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
Contractor's Representative shall supervise and direct the Services, using his /her best skill
DUNWRIGHT PAINTING AND COATING
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and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Contract.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care, Performance of Employees. Contractor shall perform
all Services under this Contract in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub - contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re- employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal /OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuantto the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to complywith
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
DUNWEIGHT PAIN T1i GAND COATING
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regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, at seq., as well as California Code of
Regulations, Title 8, Section 1600, at seq., ( "Prevailing Wage Laws'), which require the
payment of prevailing wage rates and the performance of other requirements on "public
works' and "maintenance' projects. If the Services are being performed as part of an
applicable "public works' or "maintenance" project, as defined bythe Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor shall make
copies of the prevailing rates of per diem wages for each craft, classification or type of
worker needed to execute the Services available to interested parties upon request, and
shall post copies at the Contractor's principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claim or liability arising out of any failure or alleged
failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not -to- exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not -to- exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bands at least ten (10) days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
bonds required by this Section are accepted by the City. To the extent, if any, that the total
DUNWRIGHT PniNTING AND COATING
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compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including,
without limitation, an increase in the total compensation, as referred to above), extensions of
time, or modifications of the time, terms, or conditions of payment to the Contractor, will
release the surety. If the Contractor fails to furnish any required bond, the City may
terminate this Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California- admitted surety with a current A.M. Best's rating
no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing
bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of
such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Seventy -Five
Thousand Dollars ($ 75,000.00) per fiscal year without advance written approval of City's
project manager. Extra Work may be authorized, as described below, and if authorized, will
be compensated at the rates and manner set forth in this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within 45 days after receiving
such statement, review the statement and pay all approved charges. The payments will be
subject to a 5% retention amount, which would be released and paid after all work under the
Contract has been satisfactorily completed, and 35 days after Notice of Completion is filed
with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Contract, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
that is determined by City to be necessary for the proper completion of the Project, butwhich
the parties did not reasonably anticipate would be necessary at the execution of this
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
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accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Contract. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractorto provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Contract. Contractor shall be required to provide such
document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Contract is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required underthis Contract
shall be given to the respective parties at the following address, or at such other address as
the respective parties may provide in writing for this purpose:
CONTRACTOR:
Dunwright Painting and Coating
4792 Templeton Street
Los Angeles, CA 90032
Attn: Enrique Garza
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Rafael Fajardo, Associate Civil Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty -eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the
DUNWRIGHT PAINTING AND COATING
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party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Contract.
3.5.4 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
its officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all
such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against City, its directors, officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such
suit, action or other legal proceeding. Contractor shall reimburse City and its directors,
officials, officers, employees, agents and /or volunteers, for any and all legal expenses and
costs incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
3.5.6 Entire Contract. This Contract contains the entire Contract of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5. 10 Successors and Assigns. This Contract shall be binding on the
successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
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transfer, either directly or by operation of law, this Contract or any interest herein withoutthe
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract shall
be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days or period for performance shall be deemed calendar days
and not workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Contract.
3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Contract shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all relevant
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provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code that require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power, right,
and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Contract, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Contract.
[SIGNATURES ON NEXT PAGE]
DUNWRIGHT PAINTING AND COATING
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CITY OF ROSEMEAD
By:
JefrAllr6ed, City M nager a
Attest:
I Ic
Gloria Molleda, City Clerk .9e
Approved as to Form:
Ytac el H. Richman Date
City Attorney
DUNWRIGHT PAINTING AND COATING
By:
By: 70 (q
DateT /
Name: 't`N ✓i ✓fig. Jr .
Title: OAV4 -y�f2�o� °�
[If Corporation, TWO SIGNATURES, President OR
Vice PresidentAND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
DUNkNEGHT PAINTING AND COATING
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
AND
PLANS AND SPECS
Miscellaneous On -Call Building Maintenance and Painting Costs
July 2014 - June 2015
*Painting includes one coat, unless otherwise specified
Miscellaneous Building Maintenance Unit
Price Per Square Foot
Price Per Square Foot
Painting Unit Prices
(including materials)
(labor only)
Exterior Primer /Painting
2.05
1.75
Exterior Primer /Painting with Scaffolding
2.05
1.75
1.75
Sealer Installation (for CMU Block Veneer)
Interior Primer /Painting with Scaffolding
2.05
1.75
1.75
Installation
2.05
1.75
Interior Primer /Painting with Scaffolding
Building Pressure Washing/Cleaning
Vitrocem Installation
___________
__________
2.05
1.75
Building Trim Painting
Building Fascia Patching and Painting
2.05
1.75
*Painting includes one coat, unless otherwise specified
Miscellaneous Building Maintenance Unit
Price Per Square Foot
(including materials)
Price Per Square Foot
(labor only)
Prices
2.05
1.75
Stucco Repair
Block Veneer (1" x 8" x 16 ") Installation
2.05
1.75
Sealer Installation (for CMU Block Veneer)
2.05
1.75
Installation
2.05
1.75
Building Pressure Washing/Cleaning
Price Per Hour (including Price Per Hour (labor
Other Miscellaneous Rates materials) only)
Hourly Rate - Painting Crew Rental 50.00 I 45.00
Materials List
Interior Paint to be Dunn Edwards 5partawall or approved equal
Exterior Paint to be Dunn Edwards Flex -Tex or approved equal
Primer to be Dunn Edwards Block -Rust or approved equal
Block Veneer to be Orco concrete masonry unit block I" x 8" x 16" or approved equal
DUNWRIGHT PAIN'"!NG AND COATING
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement orendorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this Contract and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 0001 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be
less that $1,000,000 per accident. If Contractor owns no vehicles, this requirement maybe
satisfied by a non -owned auto endorsement to the general liability policy described above.
If Contractor or Contractor's employees will use personal autos in any way on this project,
Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverage. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self- insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided
on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Contractor, subcontractors or others involved in
the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review.
Professional Liability or Errors and Omissions Insurance, as appropriate, shall be written
DWNWRIC-HT PAINTING AND COATING
on a policy form coverage specifically designed to protect against acts, errors or omissions
of the Contractor and "Covered Professional Services" as designated in the policy must
specifically include work performed under this Contract. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this Contract.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A. M. Bests rating ofA- orbetterand
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Contract are intended to apply to the full extent of the policies.
Nothing contained in this Contract or any other Contract relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverage required and an additional insured
DUNWRIGHT PAINTING AND COATING
endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Contract. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Contract and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all Contracts
with subcontractors and others engaged in the project will be submitted to City
for review.
11. Contractor agrees not to self- insure or to use any self- insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this Contract to self- insure its obligations to City. If Contractor's
existing coverage includes a deductible or self- insured retention, the deductible
or self- insured retention must be declared to the City. At that time the City shall
review options with the Contractor, which may include reduction or elimination of
the deductible or self- insured retention, substitution of other coverage, or other
solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City will negotiate additional
compensation proportional to the increased benefit to City.
OUNWRIGHT PAINTING AND COATING
13. For purposes of applying insurance coverage only, this Contract will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Contract.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverage.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all- inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of
this Contract to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Contract. Any such provisions are to be deleted with reference to City. It is not
DUNWRIGHT PAINTING AND COATING
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
AFRO CERTIFICATE OF LIABILITY INSURANCE
—0]2&20T4
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: N the certiBcab holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. H SUBROGATION IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endomemenE A atalemeM on this certificate does not confer rights to the
certificate Milder in then of such endomement(s).
PRODUCER
OORT OT Alexis Bost
NAW.
Devoted Insurance Agency, LLC
31683 POPPY ST
PNorre (951)29079609
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mseen A. Armrest International Urldmyneers LTD
WINCHESTER _ _ CA 92596 -8]4]
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COVr
THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOIFNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH 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 SHO NN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILL TYPE OF I.1UPAROE AvoLw9R PgJUYM1YBFR
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City of Rosemead is named Addiumal Insured per her attached endarsemmL
-30 Day Notice Of Cancellation shat be afforded the Certificate Fiddler
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE gy9y BE DELNEREO IN
Cry of Ornsad ACCORDANCE WRN THE POLIQV pRpVISQI
8538 E Valley BOuleyard
PO Box 399 AUTNOR REnxESENAT//NEE� `
Rosemead CA 91]]0 1 M If \ 9-,n. ly
reserved.
a • =r =Yrere, e,a lxarws 0' n'UnD
POLICY NUMBER: 01104115900 COMMERCIAL GENERAL LIABILITY
NX GL 189 05 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSUREDS -
OWNERS, LESSEES OR CONTRACTORS
This endorsement modthe5 insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number:. CN104115900
Endorsement Effactiva:06 /11/14 12:01 a.m.
Named Insured:
Counter Signed By.
ENRIQUE GARZA
DUNWfUGHT PAINTING AND COATINGS
SCHEDULE
Name of Person or Organization:
Any person or organization that the named insured is obligated by virtue of a written contract or
Agreement to provide insurance such as is afforded by this policy.
Location:
Of no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A Section II -Who Is An Insured is amended t0 include as an insured the person or organization shown
in the Schedule, but only to the extent that the person or organization shown in the Schedule is held
liable for your acts or omissions arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insureds. the following exclusion is added:
2. Exclusions
This insumnce does not apply to "bodily injury or 'property damage' occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such wool(, on
the project (otherthan services, maintenance or repairs) to be performed by or on behalf of
the additional insured(s) at the site of the covered operations has been completed. or
(2) That portion of 'your work' out of which the injury or damage arises has been put to its
intended use by any person or organization other than another con"ctor or subcontractor
engaged in performing operations for a principal as a part of the same project.
C. The words 'you' and "your' refer to the Named Insured shown in the Declarations.
NX GL 189 05 11 Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc., with its permission
COMMERCIAL GENERAL LIABILITY
NX GL 189 05 11
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
D. The following are added to SECTION V— DEFINITIONS:
"Your work' means work or operations performed by you or on your behalf; and materials, parts or
equipment furnished in connection with such work or operations.
E. The following additional provisions apply to any entity that is an insured by the terms of this
endorsement
1. Primary Word -nq
With respect to the Third Party shown above, this insurance is primary and non - contributing. Any
and all other valid and collectable insurance available to such Third Party in respect of work
performed by you underwritten contractual agreements with said Third Party for loss covered by
this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance.
Rather, any such other insurance shall be considered excess over and above the insurance
provided by this policy.
2. Waiver of Subrogation
If required by written contract or agreement We waive any right of recovery we may have against
an entity that is an additional insured per the terms ofthis endorsement because of payments we
make for injury or damage arising out of "you work" done under a contract with that person or
organ ¢ ation.
NX GL 189 05 11 Page 2 of 2
Includes copyrighted material of Insurance Services Cthce, Inc., with its permission
THIS BOND SHALL BE FILED WITH THE REGISTRAR OF CONTRACTORS
STATE OF CALIFORNIA
CONTRACTORS STATE LICENSE BOARD
Contractor's Bond
(tlri9NESt.VO g2!£SXVS CnC�.�ciiv6 A)r S]0 r. r,)
The premium on this bold is $ $164
KNOW ALL BY THESE PRESENTS: That CUM
whose address for service is 4792 TEMPLETON
H24
RORD VO. 04 -W BO23199
uc�wo. 961146
OR
For the term 4/26/2013 to 4/26/2015
9_11MIUal•1a1P7
BIT!
as Principal, and Wesco Insurance t;om an N
a corporation organized under the laws of Delaware xe..Eff s,�rc 4610
and authorized to transact a general surety business in the State of California, as Surety, are h nnly n to the
State of California, for the penal sum of Twelve Thousand Five Hundred Dollars ($12,500) for th yment of h well and truly to
be made we bird ourselves, our heirs, administrators, successors and assigns, jointly an rally, firm) se presents.
WHEREAS, The provisions of Sections 7071.6 and 7071.8, Business and Professions r uir�e •u°• Principal file or have
on file with lbe Registrar a bond issued by an admitted surety in the sum of $12,500 a bond kg tied and tendered in
accordance therewith.
NOW THEREFORE, The conditions of the foregoing obligation are that hf the P' • shat``cor4lh and be subject to the
provisions of Division 3, Chapter 9 (commencing with Section 7000) of the B and Pr3fpg9bns Code, then this obligation shall
be null and void; otherwise to remain in full force and effect ry
PROVIDED HOWEVER, This bond is issued subject to the lollowing e�i conditiA
1. This band may be cancelled by the Surety In accordance with the n of 996.310 of seq. of the Code of UvI Pmcedure.
2. This bond shall be deemed continuous in torte antl shall re II ect and shall run concurrently with the license
period for which license is granted and each antl every s licenns$ee or periods for which said Principal may be
licensed, after which liability hereunder shall cease except any lia!{IiN or indebtedness therefore incurred or accrued hereunder.
3. The limitation of the liability of the surety and them of ih ``re. as set forth in Sections 7071.5, 7071.6 and 7071. 11,
Business and Professions Code and any person agai d may bring an action in a proper court on this bond for the
amount of the damage he may suffer as a resu actsp� ions by the Principal except that such action must be brought
within two (2) years after the expiration of peri Elfhplg which the act or omission occurred, or within two (2) years of the
date of license of active licensee was ina , canoe voked, whichever occurs first, except provided further that a claim
for fringe benefits shall be brought withi a men the date the fringe benefit delinquencies were discovered, and any civil
action thereon shall be filed within {w[�7f ears aft ate the fringe benefit contributions were due.
4. This bond is executed by the Su T�yomply provision; of Division 3, Chapter 9, (commencing with Section 7000) of the
Business and Professions T Chaff rile 14, Part 2 (commencing with Section 995.010) of the Code of Civil Procedure
and said bond shall be subjnpt to 1 of thelalrtrs and provisions thereof.
5. This bond to becorne effete
59 Maiden Lane, New York, NY 10038
under the laws of the Stale of California that I have executed the foregoing bond under an unrevoked
`
Executed in �� Rocklin, CA on 4/18/2013 , under the laws of the State of California.
-
m.Mmsr.,E ore
CertificateofAutfority# 08983 Signature ofAttomey-i Fact
Printed or Typed Name ofAftomey- in-Fact Lisa Erickson
`
:SEAL
Address of Attomey -in -Fact 6610 Siena College &vd., Rocklin, CA 9567]
�MMIJIMlIlill Telephone Number of Attorney- in-Fact (916) 772 -9200
611354 -12aa
DESCRIPTION OF OWNED AUTOMOBILE
nmzess ooazn.ioo
PAGE 1 OF 2
DECLARATIONS
MAKE, MODEL, BODY
VEHICLE IDENTIFICATION
RENEWAL
Infinity Insurance Company
RATE ZIP
$30,000 each accident
PO Box 830189
Birmingham, AL 35283 4189
DECLARATIONS EFFECTIVE 0 312 712 01 4
NUMBER VIN
CURRENT POLICY PERIOD. POLICY
IS EFFECTIVE AT THE ADDRESS OF THE POLICY HOLDER
AS STATED HEREIN
POLICY NUMBER: 10450075- 5997 -001
2004
FORD `150 FlW PICKUP 4X
FROM
12:01 AM 0 312 712 01 4 TO 12:01 AM 0 312 712 01 5
0
STANDARD TIME
2
PLEASURE
2001
PRODUCER NUMBER
Fernandez, Esmeralda
INFINITY SALES CENTERIP
5502700
4792 TEMPLETON ST
PO BOX 2048
PLEASURE
LOS ANGELES CA 90032 -2149
BIRMINGHAM, AL 352012048
TELEPHONE NO.
2
0
(800) 782 -1020
DESCRIPTION OF OWNED AUTOMOBILE
CAR
USE
YEAR
MAKE, MODEL, BODY
VEHICLE IDENTIFICATION
DRV
PTS
RATE ZIP
$30,000 each accident
14100
167.00
171.00
NUMBER VIN
$10,000 each accident
199.00
1
PLEASURE
2004
FORD `150 FlW PICKUP 4X
iFTRW12W84KDID341
i
0
90032
2
PLEASURE
2001
HOND CIVIC CIVIC LX 4DR
1HGES16571L062814
0
Roadside Assistance
90032
3
PLEASURE
2004
LINO NAVIGAT NAVIGATOR 4
5LMFU27R04W40948
2
0
90032
INSURANCE IS AFFORDED ONLY FORTH E COVERAGES FOR Vi LIMITS OF LIABILITY AND PREMIUM CHARGES ARE INDICATED
COVERAGE AND LIMITS OF LIABILITY
PER PERSON
PER ACCIDENT
CAR 1
CAR 2
CAR 3
Bodily Injury Liability
$15,000 each person
$30,000 each accident
14100
167.00
171.00
Property Damage Liability
$10,000 each accident
199.00
138.00
159.00
Comprehensive
$500.00 Deductible
84.00
111.00
135.00
Collision
$500.00 Deductible
248.00
443.00
306.00
Roadside Assistance
$100 per disablement
Five disablements /annual term
23.00
31.00
31.00
Total Premium For Each Car
697.00
890.00
802.00
CA Fraud Fee Recoup
1.80
1.80
1.80
ENDORSEMENTS:
05897N1010; 01169R0713; 01193RO410: 023MR0711;
01412RO601; 03486ROl 10; 01213R1004; 10460POL05
TOTAL PREMIUM
$ 2734.00
507D04
FEES
CASH APPLIED
$ 5.40
$ 201.49
03/26114
2 -1
11 @ $237.88
COUNTERSIGNEDAT BY—
special
1ST PAYMENT DATE
04/272014
INSURED COPY
DECLARATIONS
RENEWAL Infinity Insurance Company
DECLARATIONS EFFECTIVE 0127/2014 RD Box 830189 Birmingham, AL 35283 4189
CURRENT POLICY PERIOD. POLICY IS EFFECTIVE AT THE ADDRESS OF THE POLICY HOLDER AS STATED HEREIN
POLICY NUMBER: 104-600955997-001
FROM 12:01 AM 0 312 712 01 4 TO 12:01 AM 0129/2015
STANDARD TIME
PRODUCER NUMBER
Fernandez, Esmeralda INFINITY SALES CENTER/P 5502700
4792 TEMPLETON ST PO BOX 2048
LOS ANGELES CA 90032 -2149 BIRMINGHAM, AL 352012048 TELEPHONE NO.
(800) 782 -1020
DESCRIPTION OF OWNED AUTOMOBILE
CAR
USE
YEAR
MANE, MODEL, BODY
VEHICLE IDENTIFICATION
NUMBER VIN
DRV
PTS
RATE ZIP
4
PLEASURE
2000
CHEV EXPRESS VAN EXPRESS
1GCHG35R2Y1235002
0
90032
INSURANCE IS AFFORDED ONLY FOR THE COVERAGES FUR WMIGH LIMI IS OF LIABILI I Y ANU FKLMIUM UMAMGLS AML INUIUAI LU
COVERAGE AND LIMITS OF LIABILITY PER PERSON
Bodily Injury Liability $15,000 each person
Property Damage Liability
Rcadside Assistance $100 per disablement
Total Premium For Each Car
CA Fraud Fee Recoup
ENDORSEMENTS:
05897N1010; 01169R0713; 01193RO410; 0230OR0711,
01412R0601; 03486ROl 10; 01213R1004; 10460POL05
TOTAL PREMIUM FEES CASH APPLIED
$ 2734.00 $ 1.80 $ 201 49
507DM 03/26/14 2 -1
PER ACCIDENT
$30,000 each accident
$10,000 each accident
Five disablementslannual tens
11 @ $237.88
COUNTERSIGNED AT BY
Special
CAR 4 CAR CAR
173.00
141.00
31.00
345.00
1.80
1ST PAYMENT DATE
04/27/2014
INSURED COPY