HomeMy WebLinkAboutHabitat Protection Inc dba Pestmaster Services; 2019-12-17; PWM20-976GS+
,9
RECORDED REQUESTED BY
CITY OF CARLSBAD
DOC# 2020-0085504
111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Feb 20, 2020 11 :43 AM
OFFICIAL RECORDS
Ernest J Dronc.,nburg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (SB2 Atkins $0.00)
PAGES 1
Space above this line for Recorder's use.
PARCEL NO:
NOTICE OF COMPLETION
Notice is hereby given that:
203-142-04-00
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full names of the undersigned are City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work or improvement on the property hereinafter described was completed on: Feb. 2, 2020.
6. The name of the contractor for such work or improvement is Habitat Protection, Inc., dba Pestmaster Services.
7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego,
State of California, and is described as follows: Project No. PWM20-976GS, Project Name: Magee Restroom
Block House Treatment and Repair.
8. The street address of said property is 200 Beech Ave., Carlsbad, CA 92008, in the City of Carlsbad.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the
City Manager of said City on [ebrl}{,J~ /fr'H1, , 20.i2.P_, accepted the above described
work as completed and ordered that a No ·ce of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on FtkrJJ I £Ii h, 2010, at Carlsbad, California.
CITY OF CARLSBAD ~?
I'~ lltclor G-t1rr>t 2-pf BARBARA ENGLESON ~ /
City Clerk
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Magee Restroom Block House Treatment and Repair -PWM20-976GS.docx
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CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
Habitat Protection, Inc., dba Pestmaster Services has completed the contract work required for
PWM20-976GS -Magee Restroom Block House Treatment and Repair. City forces have
inspected the work and found it to be satisfactory. The work consisted of:
IMPROVEMENTS
Treat and eliminate active termite infestation and
make necessary wood repairs at Magee Park,
Blockhouse Restrooms.
John Maas er
VALUE
$15,803.00
Date
CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described contract is deemed complete and hereby accepted. The
City Clerk is hereby authorized to record the Notice of Completion and release the bonds in
accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described
improvements.
(--2, I g , ,).(Jd()
-~ Seo Date
APPROVED AS TO FORM:
CELIA BREWER, City Attorney
By fJAf C1f Deputy City Attorney :
Q \Public Works\General Services\Agreements & Contracts\Pestmaster\Magee Restroom Block House Treatment and Repair -PWM20-976GS\6. NOC\3.API -Magee Restroom
Block House Treatment and Repair -PWM20-976GS.docx
P,'Oject: PWM20-976GS, Magee Restroom Blockhouse Treatment and Repair Project Name
Change Order No. 01
CONTRACT CHANGE ORDER NO. 01
PROJECT: Magee Restroom Blockhouse Treatment and Repair
CONTRACT NO.
ACCOUNT NO.
CONTRACTOR:
ADDRESS:
PWM20-976GS
001-5310-7550
Habitat Protection, Inc., dba Pestmaster Services
751 West 4th Avenue, Escondido, CA 92025
P.O. NO. P138228
The Contractor is directed to make the following changes as described herein. Changes shall include
all labor, materials, equipment, contract time extension, and all other goods and services required to
implement this change. Payment stated on this change order includes all charges, direct or indirect,
arising out of this additional work including charges for field overhead, extended home office overhead,
delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime
premium costs and is expressly agreed between the City and the Contractor to be the complete and
final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this
change order, shall apply to these changes.
Pursuant to the Standard Specifications for Public Works Construction, perform the following:
Item 1: Repair and replace roof joists as directed by the project manager.
Total cost not to exceed ................................................................................. $478.00
Item 2: Replace additional roof sheeting as directed by the project manager.
Total cost not to exceed ............................................................................... $2,847.00
Item 3: Remove and replace drywall necessary to construct repair wood structure as directed by the
project manager.
Total cost not to exceed ............................................................................... $3,429.00
Item 4: Paint interior and exterior wood beams.
Total cost not to exceed ................................................................................. $450.00
Item 5: Paint all repaired and replaced wallboard inside the structure. Color match existing paint
colors.
Total cost not to exceed .............................................................................. $2, 150.00
Item 6: Paint all interior block walls except in custodian storage room. Color match existing paint
colors.
Total cost not to exceed .............................................................................. $2,475.00
Item 7: Remove and replace metal support anchors for 3 of the existing exterior roof supports.
Total cost not to exceed ................................................................................ $525.00
TOTAL INCREASE TO CONTRACT COST ................................................... $12,354.00
Project: PWM20-976GS, Magee Restroom Blockhouse Treatment and Repair Project Name
Change Order No. 01
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE
INCREASED BY 07 WORKING DAYS AS A RESULT OF THIS CHANGE ORDER.
RECOMMENDED BY: APPROVED BY~ ~~~ I-7-:J.O
(DATE)
APPROVED AS TO FORM:
DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR
PWM20-976GS
Magee Park Blockhouse Restroom
Treatment and Repair Page 1 of 6 City Attorney Approved 9/27/16
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
MAGEE RESTROOM BLOCKHOUSE TREATMENT AND REPAIR
This agreement is made on the ______________ day of _________________________, 20___, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Habitat Protection, Inc.,
dba Pestmaster Services, a California corporation whose principal place of business is 751 West 4th
Avenue, Escondido, CA 92025 (hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict,
this Contract will supersede terms and conditions in the Contractor’s proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by: Ron Haugland
(City Project Manager).
WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute
the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
DocuSign Envelope ID: 477B614A-0231-4BA4-879F-E61D574C91B2
December17th 19
PWM20-976GS
Magee Park Blockhouse Restroom
Treatment and Repair Page 2 of 6 City Attorney Approved 9/27/16
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding.
Signature: ___________________________________
Print Name: __Bart Van Diepen____________________
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted
insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on
the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key
Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of
Insurance Commissioners (NAIC) latest quarterly listings report.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than……..$1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
….…$1,000,000
Property damage insurance in an amount of not less than……..$1,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to the City prior to such cancellation.
The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named
insured shall also be available and applicable to the City as an additional insured.
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as
required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no
employees and provides, to City’s satisfaction, a declaration stating this.
BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid
City of Carlsbad Business License for the duration of the contract.
DocuSign Envelope ID: 477B614A-0231-4BA4-879F-E61D574C91B2
PWM20-976GS
Magee Park Blockhouse Restroom
Treatment and Repair Page 3 of 6 City Attorney Approved 9/27/16
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from or in connection with the performance
of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, rules or regulations including those related to safety and health; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, except for loss or damage caused by the sole or active
negligence or willful misconduct of the City. The expenses of defense include all costs and expenses
including attorneys’ fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
Start Work: Contractor agrees to start within fifteen (15) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within forty-five (45) working days after receipt of Notice
to Proceed.
CONTRACTOR’S INFORMATION.
Habitat Protection, Inc. dba Pestmaster Svcs. 751 West 4th Avenue
(name of Contractor)
N/A
(street address)
Escondido, CA 92025
(Contractor’s license number)
N/A
(city/state/zip)
888-384-7134
(license class. and exp. date)
1000031618
(telephone no.)
760-740-0531
(DIR registration number)
6/30/2020
(fax no.)
bart@pestmastersocal.com
(DIR registration exp. date) (e-mail address)
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DocuSign Envelope ID: 477B614A-0231-4BA4-879F-E61D574C91B2
PWM20-976GS
Magee Park Blockhouse Restroom
Treatment and Repair Page 4 of 6 City Attorney Approved 9/27/16
AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR
HABITAT PROTECTION, INC., DBA
PESTMASTER SERVICES, a California
corporation
CITY OF CARLSBAD, a municipal corporation
of the State of California
By: By:
(sign here)
Bart Van Diepen/Vice-President and CFO
Paz Gomez, Deputy City Manager, Public
Works, as authorized by the City Manager
(print name/title)
By:
(sign here)
(print name/title)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A Group B
Chairman,
President, or
Vice-President
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY: _____________________________
Deputy City Attorney
DocuSign Envelope ID: 477B614A-0231-4BA4-879F-E61D574C91B2
PWM20-976GS
Magee Park Blockhouse Restroom
Treatment and Repair Page 5 of 6 City Attorney Approved 9/27/16
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address DIR Registration
No.
License No.,
Classification &
Expiration Date
% of
Total
Contract
Total % Subcontracted: _______________
The Contractor must perform no less than fifty percent (50%) of the work with its own forces
DocuSign Envelope ID: 477B614A-0231-4BA4-879F-E61D574C91B2
N/A
N/A
N/A N/A
N/A
N/A
N/A
N/A
N/A N/A N/A
PWM20-976GS
Magee Park Blockhouse Restroom
Treatment and Repair Page 6 of 6 City Attorney Approved 9/27/16
EXHIBIT B
Magee Park Blockhouse Restroom Treatment and Repair
Overview:
Contractor to provide all materials, tools and labor necessary to treat and eliminate active termite infestation
and make necessary wood repairs at Magee Park, Blockhouse Restrooms located at 200 Beech Avenue,
Carlsbad, CA 92008. All work to conform to the inspection reports and proposal dated 12/09/19.
Scope of Work:
• Remove structural headers by removing interior ceiling drywall secure the roof and replace the
damaged headers with new borate treated lumber.
• Remove the entire roof ledger boards and replace with borate treated lumber.
• Remove all flat roof joists and replace with borate treated lumber.
• Support the roof, remove all hardware that attaches the header to the support posts. Remove the
damaged header and replace with borate treated lumber. The ceiling around the header will need
to be removed for this repair. Most likely the ceiling will be damaged. Dry wood termite activity
was seen on the exposed roof sheeting and joists at the sloped roof. The cost is included in this
repair.
• Install heat probes and start the computer logging. When the probes reach 120' degrees,
turn on fans and move personal items around. After achieving 130' degrees for 2 hours, start the
tear down and cooling down of the property.
All work performed is guaranteed for a period of one (1) year from date of completion, unless specifically
mentioned elsewhere herein; except plumbing, grouting, or caulking which is guaranteed for 90 days.
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 LS 1 Repair/Replace wood and treat for termites at the Magee
Park Blockhouse Restroom.
$15,803.00
TOTAL* $15,803.00
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: 477B614A-0231-4BA4-879F-E61D574C91B2
ACORD@ DATE (MM/DD/YYYY)a CERTIFICATE OF LIABILITY INSURANCE 10/08/2019 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSNO RIGHTS UPONTHE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDEDBY THE POLICIESBELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEENTHE ISSUING INSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSUREDprovisions or be endorsed.
If SUBROGATIONIS WAIVED,subject to the terms and conditionsof the policy,certain policies may require an endorsement.A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Joe Guerin
Guerin &Guerin Agency Inc |PRONE ),845-331-1567 FaxS.No);845-331-4873
44 Maiden Lane,EMAL,Joe@GuerinAgency.com
Kingston NY 12401 INSURER(S)AFFORDING COVERAGE NAIC#INsuRER A;Philadelphia Indemnity Insurance Company 18058
INSURED INSURER :
Habitat Protections Inc.INSURER C:
DBA Pestmaster Services of Northern San Diego County INSURER D :
751 W 4th Ave INSURERE:
Escondido,CA 92025 INSURER F :
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR THE POLICY PERIODINDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECTTO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OFSUCHPOLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCEDBYPAID CLAIMS.
INSR ADDUSUBR POLICY EFF POLICY EXPLTRTYPEOFINSURANCEWYDPOLICYNUMBER(MM/DD/VYYY)|(MM/DDIVYYY)LIMITS
iY COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $1,000,000|]DAMAGE TO RENTED 100,000CLAIMS-MADE OCCUR PREMISES(Ea occurrence)$7
|MED EXP (Any one person)$5,000AxPHPK204198210/01/2019 10/01/2020 personaL &apv INJURY $1,000,000
GEN'L AGGREGATELIMITAPPLIES PER:GENERAL AGGREGATE ¢_2,000,000poucy|[58%[|toc PRODUCTS -COMP/OP AGG|$2,000,000
OTHER:$GOMBINED SINGLE LIMITAUTOMOBILELIABILITY(eoMbdant $
ANY AUTO BODILY INJURY(Per person)$
||OWNED SCHEDULED Sdentl|__|AUTOS ONLY AUTOS BODILY INJURY(Peraccident)|$
l NON-OWNED PROPERTY DAMAGE $|__|]AUTOS ONLY AUTOS ONLY accident)
$
|UMBRELLALIAB =|]occur EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED ||RETENTION$$WORKERS COMPENSATION PER OTH-AND EMPLOYERS*LIABILITY YIN [Starure||]esANYPROPRIETOR/PARTNER/EXECUTIV E.L,EACH ACCIDENT $OFFICER/MEMBER EXCLUDED?NIA(Mandatory in NH)E.L.DISEASE -EA EMPLOYEESIfyes,describe underDESCRIPTIONOFOPERATIONSbelow E.L.DISEASE -POLICY LIMIT]$ DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD101,Additional Remarks Schedule,may beattached If more space Is required)
GeneralLiability Includes Inspection Services,Pesticide/Herbicide Applicator,Pollution Liability Extension
Certificate Holderis Additional insured as required by written contract.
RE:Agreement Number:PEM1124.Operations of the namedinsured during the currentpolicy term.‘The City of Carlsbad is additional insured with respecttogeneralliability
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPIRATIONDATETHEREOF,NOTICE WILL BE DELIVEREDINCityofCarlsbad/CMWD ACCORDANCEWITH THE POLICY PROVISIONS.
c/o EXIGIS Insurance Compliance Services AUTHORIZED REPRESENTATIVP.O.Box 4668 -ECM #3505
New York,NY 10163-4668
L /@As988-2015 ACORD CORPORATION.All rights reserved.
ACORD25 (2016/03)The ACORD nameand logoare registered marks of ACORD