HomeMy WebLinkAbout2011-101 Contract - Rivas Construction
::' :T'( RECORDER
Ashland Park Commission I" 6/;0~~~~~:': '1
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1/1
. . "PO:NUMBER,
00049
VENDOR: 003603
RIVAS CONSTRUCTION
3860 CALHOUN RD.
MEDFORD, OR 97501
SHIP TO: NORTH MOUNTAIN PARK
620 N MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: net
Req. Del. Date:
Speciallnst:
Req, No,:
Dept:
Contact: Jeff McFarland
Confirming? No
'"c\u.ow" :-:?'Un-itr" .":'":'.,: De'scrintion' ': " " : Uiiitprice ;Ext"'Price~::Tc'
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Roof repairs to barn @ N, Mountain Park 900,00
Per attached proposal
Contract for Goods and Services
Beginning date: 06/14/2011
Completion date: 06/30/2011
Insurance required/On file
.
SUBTOTAL 900,00
BILL TO: TAX 0,00
FREIGHT 0,00
TOTAL 900.00
;::i~:~AcC9'~ntlNlITrroer:'.~".~~ :':'.b'F'rojectNumbe;~ " ~A'ino~lJ'iftL':.H. . Acco'un(Nurrloer ,I:: . :~P.~iJje#' Nurii~er: I;: , . i, ;~'Affioun~~t:.
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E 211,12,03,04,60211 900,00
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Authori~ Signature '/ VENDOR COPY
I FORM#3 I
.
CITY Of
ASHLAND
A request for a Purchase Order
REQUISITION
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Vendor Name
Address, City, State, Zip
Contact Name & Telephone Number
Fax Number
Mv~
,
Date of request:
Required date for delivery:
~~'if-rU~~'~
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-' "
SOLICITATION PROCESS
D Exemot from ComDemive Biddinq D Ememencv
D ~~tten Findings (Form attached) D Invitation to Bid (Copies on file) D Written findings attached
D uote or Promsal attached Date approved bv Council: D Quote or ProMsai attached
l'i? Small Procurement CooDerative Procurement
Less than $5,000 D Reouestlor ProDosal (Copies on file) D State of Oregon
Note: Total contract amount, including any Date approved by Council: Contract #
amendments may not exceed $6,000 D State of Washington
Intermediate Procurement o Sole Source Contract #
GOODS & SERVICES D Written Findings (Form attached) D Other government agency contract
$5.000 to $100.000 . D Quote or Proposal attached Agency
D (3) Written quotes attached Contract #
PERSONAL SERVICES D Special Procurement D Intergovemmental Agreement
$5.000 to $75.000 D Written Findings (Form attached) Agency
D ~~ss than $35,000, by direct appointment D Quote or Proposal attached Contract #
D 3 Written nronosals attached Date approved bv Council: Date approved by Council:
Unit
Description of SERVICES
')etfL~ r~,.-~
@J A/, ;?n ~^
Item #
Quantity
Des iption of MATERIALS
Unit Price
Total Cost
o Per attached QUOTE
;2 / ( t' ;2. ?J ? Oft t7 ~ t' {B
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Account Number ___' __ - __' __' ______ Account Number ___ - __' __' __' ______
Project Number ______. ___
Account Number ___' __ - __' __' ______ Account Number ___' __' __' __ - ______
'Expendffure must be charged to the appropriate account numbers for the financials to refiect the actual expandilures accurately, Affach extre pages if needed,
By signing this requisffion form, I certify that the infonnalion provided above meets the City's public conlrectlng requirements, and the documentation can be provided
upon request. ...........- .Ii .
Department Head Signature: (~
Funds appropriated for current fiscal year:
~NO
At- .:L......J9 ____
Finance Director
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. IOafe
Comments:
G: FinanceIProoedurelAPlFonnslForm #3 - Requisition.doc
Updated on: 6/1312011
..1\ .
Contract for GOODS AND SERVICES Less than $25,000
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONTRACTOR: Rivas Construction
CONTACT: Delfino Rivas
ADDRESS: 3860 Calhoun Road, Medford, OR 97501
TELEPHONE: 541-512-1337, Cell 541-301-5212
DATE AGREEMENT PREPARED: 06/13/2011 FAX: 541-512-1337
BEGINNING DATE: 06/14/2011 COMPLETION DATE: 06/30/2011
COMPENSATION: $900,00, per attached proposal dated May 6, 2011
GOODS AND SERVICES TO BE PROVIDED: Contractor to remove existing metal roofing and flashing under
overhang, Contractor to install Ice and Shield underlayment and 7/16 plywood sheeting to missing 8" strip on
porch, Contractor to reinstall existing Snap Lock Metal roofing, flashing and apply silicone caulking as needed,
Contractor to remove all debris from job site, Job to be completed on or before June 30, 2011, Per attached
ro osal dated Ma 6,2011, 5-YearWorkmanshi Warrant
ADDITIONAL TERMS: Contractor leases em 10 ees from Labor Read of Southern Ore on,
NOW THEREFORE, pursuant to AMC 2,50,090 and after consideration of the mutual covenants co taine
CITY AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and
expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and
materials required for the proper performance of such work,
2, Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel
assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned
in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are
so registered, licensed and bonded, Contractor must also maintain a current City business license,
3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract by the beginning date indicated
above and complete the work by the completion date indicated above,
4, Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and
expenses, the sum specified above, Payments shall be made within 30 days of the date of the invoice, Should the
contract be prematurely terminated, payments will be made for work completed and accepted to date of termination,
Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000,00, unless a
separate written contract is entered into by the City.
5, Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City,
6, Statutory Requirements: ORS 2798,220, 2798,225, 279B.230, 279B,235, ORS Chapter 244 and ORS 670,600 are
made part of this contract
7, Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract
is $18,703 or more, Contractor is required to comply with chapter 3,12 of the Ashland Municipal Code by paying a
living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor
who performs 50% or more of the work under this contract Contractor is also required to post the notice attached
hereto as Exhibit B predominantly in areas where it will be seen by all employees,
8, Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract), Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused by the negligence of City,
9. Termination:
a. Mutual Consent This contract may be terminated at any time by mutual consent of both parties,
b, Citv's Convenience, This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person,
C, For Cause, Cit ma terminate or modi this contract, in whole or in
/'
'"'u
Contract for Goods and Services Less than $25,000, Revised 12/20/2010, Page 1 of 5
~,
Contract for Goods and Services Less than $25,000, Revised 12/20/2010, Page 2 of 5
.including coverage for owned, hired or non-owned vehicles, as applicable,
d, Notice of cancellation or chance, There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage{s) without 30 days' written notice from the Contractor or its insurer{s) to
the City,
e, Additional Insured/Certificates of Insurance, Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Contractor's services to be provided under this Contract As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work
under this contract The contractor's insurance is primary and non-contributory, The certificate will specify all of the
parties who are Additional Insureds, Insuring companies or entities are subject to the City's acceptance, If
requested, complete copies of insurance policies, trust agreements, etc, shall be provided to the City, The
Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
17, Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State o!Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines, Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon, If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon, Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts, In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction,
18, THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BE1WEEN THE
PARTIES, NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES, SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN, THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS,
19, Nonappropriations Clause, Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
20, Prior Approval Required Provision, Approval by the City of Ashland Councilor the Public Contracting Officer is
required before any work may begin under this contract
21, Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by
reference,
Contractor:
By
;p~~,,?/ J!!-rA~
Ignat re
D (/j::( .A/'f)!
Print Name
17-l//1S
City of As;et
By (~
Department Head
'})~ ~bx:r~c,.,-
Print Name
Mn /11
'Date
(3 w N r )<-
Title
W-9 One copy of a W-9 is to be submitted with
the signed contract
Purchase Order No,
(J(7C)/fl1
Contract for Goods and Services Less than $25,000, Revised 1Z/20/2010, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding, Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work, Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
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(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business,
(2) Commercial advertising or business cards or a trade association membership are
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purchased for the business,
(3) Telephone listing is used for the business separate from the personal residence listing,
(4) Labor or services are performed only pursuant to written contracts,
(5) Labor or services are performed for two or more different persons within a period of one
year. ~",
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided,
?F,/~ p(,~J
Contractor
G'-Ir;-~ /}
(Date)
Contract for Goods and Services Less than $25,000, Revised 12/20/2010, Page 4 of 5
- -'
RIVAS
CONSTRUCTION
Licensed - Bonded - Insured
CCB# 129589 - PhoDe and Fax(541) 512-1337 - Cell# 301-5212
Ashland Parks and Recreation,
340 S, Pioneer Street
Ashland, OR 97520
541- 779-0473
541-488-6099
May 6th ,2011
Altn: Jeff Mcfarland
We hereby propose to furnish the materials and perfonn the label'
necessary fonhe completion of job performed al :North MOlUllain Nature Ccnter,
Tear off existing Snap Lock Metal.
lnstalllce and Shield W1dedayment,
lnS1al1 7/16 plywood to missing 8 Inch strip on porch.
Install Snap Lock Metal to original installment.
I!-vJaS ~S-lru.l.+l<M Will
All debris removed from job site,
~\K.- jO b LoMpi~-kcl C.n Or
b::-for~ ::::Ju.;,c.. 3D, LC II
Total Labor and rvlarerial: )_9.9fJ,QQ
5 year Workmanship Wa:Tal1ly
Respectfully Submitted }tJ t.fi< -:- ~ Y<J, ~4v
Acceptance of Proposal &/
Rivas Construction
3860 Calhoun Rd
Medford, Oregon 97501
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Rivas Construction
3860 Calhoun Rd.
Medford. OR 97501
Home Phone & Fax # 541-512-1337
Cell # 541-301-5212
Fax Transmittal Form
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Date Sent: (., { C} III
CC: ::r:nfo for P.a:J' /?epv'r @ f...k/v~'(, (2h-kt-&un
Phone: SLi \ - 30 {- S- d--old-'
Numberof Pages:
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"HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER11FICATE HOLDER, THIS
:ER"oICATE DOES NOT AFFIRNATIVEL Y OR NEGATIVELY AMEND. EXTEND OR A~TER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SJ, AUTHORiZED
'lEPP,ESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER.
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J.123 Royal Ave.
Medford OR 97504
Phone I ..i4.1-779-4212
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1!l19aa,2009 ACORD CORPO
The ACORD name er<d logo ere registered mark! of ACORD
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COM;\.fERCLU GE;..'ERAL L1ABIUTY
CL 6670 12 OS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT-EXCESS-
ONGOING OPERATIONS
Trjs endorsement modifies insurance provided undei the following:
COMMERCIAL GENERAL L1A3IUTY COVERAGE FORM
WI,n respect to ;he insurance provided by COVERAGE A BODILY I NJURY AND PROPERTY DAMAGE
LIABILITY of SECTION I-COVERAGES, SECTION II-WHO IS AN INSURED is amended to include
as an additional insured ("Additional Insured") any personl.) or organization(s) whom you are requireo to
add to this policy as an additionai insured under a written agreement in effect or becoming effective
during the policy period. This insurance applies only to "bOdily injury" or "property damage" that occ~rs
subsequent to execution of the written agreement and subsequent to the issuance of a certificate of
insurence indicating such person(s) or organization(s) as edditional insured(s). '
The insurance orovided hereby to the Additional InsUred(s) is limited as fo:lows:
1. The insurance afforded hereby is excess over any other valid and collectible insuranoe,
whether such other insurance is prima:y, excess, contingent, or otherwise. Where the
Additional Insured has valic and collectible insurance in excess of a self-insured
retention. this insurance is excess over the combined jjrnits of such insurance and the
self-insured retention, Where the Additional InsL;red does not have valid and collectible
insurance applicable to a claim that would be covered by the policy, the Additional
Insured shall have a selt-insured retenticn cf the first million dollars of any covered loss
and t~e insurance afforded hereby shall be excess over such self-insured retention;
2. The insurance afforded hereby to any /I.dditional insured is limited to imputed liability
specifically resulting from the concuct of the Named Insured for which any Additional
insured is held liable, but only with respect to lia!:>illty arising out of your ongoing
operations preformed for that additional insured. A person or organization's s1atus as an
addilional insured under this endorsement ends when your operations for t;'lat insured
are completed or abando;led.
3. The Jimits of insurance applicab!e to :he insurance afforded hereby are those specified in
the written agreement or in the Declaraticns or Schedules of this policy, whicnever is
less, The limits of insurance applicable to the insurance afforded hereby are inclusive of
and not in addition to tne limits of insurance shown in the Declarations or Schedules of
this policy.
4. This endorsement does not provide any additional insured coverage provided under the
"products and completed operations hazard" and any coverage p'ovided under this
endorsement for any additional insured will never be broader trlan coverage provided to
any named insured.
The insurance afforded hereby does not appl'f to "bodily injury" or "property damage" arising out of the
rendering of or failure to re~der any serv;ces by an archttect, engineer, or surveyor inc;uding, but not
limited to:
CL 6070 12 05
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COMMERCLU GE.NERAL LIABILITY
CL 6070 12 05
i. Preparing, approving; or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders or specifications; or
2. Supervisor{, inspe,~tion, or engineering services.
, Any other policy terms, conditions, limitations, exclusicns, and definitions apply to this endorsement.
CL 6070 12 05
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LSU-Z~9-~j19
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BSS:gO ~ ~ 60 unr
!lIAWCK INSURANCE
011 cnATEn LAKE AVE
....'tDFORD, Oft 97~!)4
PROGRESSIVE'
Commercial Auto
Insurance Coverage Summary
This is your Renewal
Declarations Page
Policy number: 01580900-6
lJr,dclwlrtter.by:
Arllsa'l i11d lrJ((ers Ca5u:JI:y Co
Februa-y.i6,2011
Polj(y Pi!rioj' Apr 2, ;011 . Oct 2. 20i 1
Page 1 d 2
progre5siveagent.c:om
Online Service
V;dke pa)'m.ents, ~;1~:< bdl;n,. ijC1i"ity, prin:
policy dOCUIT;t:!nls,;:r chi!ck l~e 5(a:us Qi a
(Iairr..
"Jamed insured
tiElF, NO R:VAS
DElH ~O R'VAS CONS TR
3860 CAlHOllJ RO
MEOFO!lO. OR ~7501
541-779-7005
BLALOCKIN5~RANCE
~r;;1Ia:t ,'Ct.f ag,::~,l fGr persvrlaliled S€!'VICf'.
800-444-4487
rOI (~storrer servll~'~ ~OUI- i:Qef11 is
l!na~,;il.;ble 01 ie. "'.:or! 3. da,m.
n"js Renewa: Declaretioi':S P.:g2 is effecti'.e-:mly if the IT.ir.ir:1L.m arrcunt due 1(i rP.n~w Y')UI policy;~ received O' po;:marke.c hi
u.p,i, 2, 2011.
"(:..ur cove"age t:egins on April /. 2011:H 12:01 a,r,1. This pollry- expites on Gctober 2, 2Cl11 at . 2:01 a.rr..
'(::pur i'')SLlance policy 2nd any poiie, end:'Jrse-me;'1ts (amain a full expian3tir,n of your cO'lef'3ge. T~e poky limii:, shown fer an aL to
may not :)E combined ',o\Iith the limits f",-the scme coverage on another auto, l~i'1less lho:? poli:y COIi:ract aII0\\'5 the ;tacklrg of
limits. Tne policy cantrad is form 59i 2 (O,/O~.). The contrnG is modified by terms 28)2JR {'iO/OS}, 1652CR (05/09;, S7D1
(02;':;5), 43520R (10,05:, 488fOR (09l0S), 2228 (07/05) an.j Z435 \' ?!C6)
Trle namej in'iured organization type is. a sole propr'etorship.
Outline of coverage
De;.C'i,:.tiOfl
Lirr:its
Dtd~ctib!.
:lr&miulr
i.idbility 10 Others
Bod:!y hju")' liatility
Prope.1~ Da l1ag~ Uabi liry
Linili~'~,e;' 'Mct~'ri5t' ea'di~' I~iiu~'
Unin;;ured '~1otc"risi' Prc;p~.1y' D~;mage
S245
$SC,OOO eadi personl$100,OCO each w:-dent
$2s,DOO eac(; accident
"....... ''''''''
~~~.o~a.I.~~)~'J. _~~~~0!:-:':.
Complehensive
S~~. ~~? .S_ov~~~9~. ,~c~_ed~ Ie ..
Collisi.Jr,
.~~, ~~~~ .~o~e:a.qe S.(~edl;le ... .'
Total 6 month polley premium
........". .""..... ......................"..n.."..........
..... ... .~~~..~.~~.~~~~ ~~~~.b ~~~.'.~~?.:~.~~..~~~!.~e.~~. ,.. 23
$2G,GOO Il,JCr, accident t2W 14
1300 hit & ,un
$ '1 5,GOO each ("~;~on to i 7
48
Lim.~ of liability I~s:; dedUCTible
218
limit of liabi!ity I~'i) deduciible
$576
Rated driver
1. DElfI,':O ,IVAI
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Auto coverage schedule
L
2008 Cbevrolet K1500 Silverado
,!IN: lGCEK19J98Z183794
Liability ~.~~.i~. u-wtJ.sr LIMP: PIP
........,........... ............
Premium $246 $23 $14 $27
Camp C"",,, Cnli5i:Jn C::n~9G1
Physical Damage DEducti'>lt . Frtmium De:luciblf P;tlflIUrn
..,...,,,..... ............,
Premium $500 $48 $50e $218
Premium discounts
Po~cy
Slated Amount:
Ga"ging Zip Code:
$41,000
97501
01580900-6
Business Expe.ien<e, P31d in Full and ~.newal
ForrnG41i9 Ot\(O~.21
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Pc:I(j'numbor: 01580900,6
DELF:NO llVAS
Pag(l 2 of.2
Radius: 50
Auto Toul
998:90 ~ ~ eo unr
5576
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