AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND MCLAUGHLIN PAINTING, Inc.
CITY HALL PAINTING
THIS AGREEMENT is executed this 2nd day of September 2022, between the City of Salinas, a California Charter city and municipal corporation (hereinafter "City") and McLaughlin Painting, Inc., a California Corporation (Hereinafter "Contractor").
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Scope. Contractor hereby agrees to provide to the City, as the scope ot services under this Agreement, the following services: prepare and paint exterior of City Hall, 200 Lincoln Ave Scope of work is further discussed in Contractor's Proposal dated 7/29/22, Attachment B.
Attachment C further explains the requirement from the Department of Industrial Relations.
2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.
3. Term. The work under this Agreement shall commence 9/20/2022 and shall be completed by 6/30/2023 unless City grants a written extension of time as set forth in Section 2 above.
4. Payment. City agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, in the amount not to exceed One Hundred Fifteen Thousand Dollars ($115,000). Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City's approval of Contractor's submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.
Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.
Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnily City and its officers, officials, employees, agents, and volunteers from and against all iability, claims, damages, losses, and/or expenses including reasonable City attorney fees arisin from all acts or omissions of Contractor or its officers, agents, or employees arising Agreement for Services v. January 2021 Page 1 of 24
McLaughlin Painting, Inc
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out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence or willful misconduct of the City.
Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.
9. Termination. City may terminate this Agreement upon ten days' written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.
Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.
11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.
12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.
Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
CITY OF SALINAS
Actuant PraSing Beway 2021
August 2022
Steve Carrigan
City Manager
APPROVED AS TO FORM:
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
CONTRACTOR
McLaughlin
By (Printed Name): Alvaro Hernandez
Its (Tite): Pigjet Manager
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Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability ("CL"): Insurance Services Office ("ISO") Form CG 00 01 overing CGL on an occurrence basis, including products and completed operations, proper amage, bodily injury and personal & advertising injury with limits no less than $2,000,000 p occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in Agreement for Services v. January 2021 Page 4 of 24
McLaughlin Painting, Inc.
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connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 forms if later revisions used).
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
4. A copy of the claims reporting requirements must be submitted by Contractor to the City.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor's Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor's Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
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Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Payment bond
2. Performance bond
3. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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DATE (MM.DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE
8/23/2022
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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER CONTACT JI Seymour
Don Ramatici Insurance, Inc.
731A Southpoint Boulevard Est: 707-782-9200 AC, No: 707-782-8300 Petaluma CA 94954 [email protected]
INSURER(3) AFFORDING COVERAGE NAIC 3
Licensest INSURERA: RLI Insurance Company 13058
INSURED INSURER B: Contractors Bonding And insura 37206 MCLAUGHLIN INSURER C: Technology Insurance Company 42378 16020 Caputo Drive
Morgan Hill CA 95037 INSURER D: Westchester Surplus Lines Insu 10172 COVERAGES CERTIFICATE NUMBER: 1794728809 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
POLICY EFF POLICY EXP
3 TR TYPE OF INSURANCE POLICY NUMBER LIMITE
CONMEHCIAL GENERAL LADLITT RKA0400352 3/11/2022 3/11/2023 EACH OCCURRENCE 31,000,000 CLAMS-MADE OCCUR PREMISES (Ea occurence 5300,000
2.500 MED EXP (Any one person
PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES FER: GENERAL AGGREGATE $2,000,000 POLICY 88 LOC PRODUCTS - COMPIOP AGG $2,000,000
OTHES
AUTOMOBILE LIABILITY 3/11/2022 COMBINED SINGLE LIMIT $1,000,000 CKAD400492 3/11/2023 (Es accitent
X ANY AUTO BODILY INJURY (Fer person)
OWNED SCHEDULED BODILY INJURY (Fer accident
AUTOS ONLY
NOT SWNED Per sccident PERITY DAMAGE
UMBRELLA LIAB OCCUR CKA0403493 3/11/2022 3/11/2023 EACH OCCURRENCE 37.000,000 X EXCESS LIAB CLAIME-MADE AGGREGATE 57,000,000
DED RETENTIONS 10.002
WORKERS COMPENSATION TWC4031031 10/1/2021 10/1/2022 TARTE
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER EXECUTIVE LEL EACH ACCIDENT $1.000,000 OFFICER MEMBEREXCLUDED? NIA
Mandatory In NH: EL DISEASE • EA EMPLOYEE $ 1,000,000
DEBGRTON OF OPERATIONS beOR EL DISEASE - POLICY LIMIT 51,000,000 Leased/Rented Egip RKA0400352 3/11/2022 3/11/2023 250,000 Bus Pers Property 3/11/2023 BPP Limt 550,000
3/11/202
Polution Policy G27467684 6/17.2022 6/17/2023 Polution Limit Ded $1M Occ/52M Agg 5K
SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES JACORD 101, Additional Remarke Bohedule, may be attached if more cpace is requin e City of Salinas, its officers, officials, employees, and volunteers are listed as additional insured per attached: RGL350 08/17-GL Al, Ongoing. Compl Op i NoW tale Per to mut A Primary & Waiver G0001-Speration of insureds 1L00 17 11/98-GL. 30 Day
CERTIFICATE HOLDER CANCELLATION
THEREOF. DELIVERED
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Salinas
200 Lincoln Ave AUTHORIZED REPRESENTATIVE
Salinas CA 93901
© 1988-2015 ACORD CORPORATION. All rights reserved
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Agreement for Services v. January 2021 Page 7 of 24
McLaughlin Painting, Inc.
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 484)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
Ve have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforc ur right against the person or organization named in the Schedule. (This agreement applies only to the extent th you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2021 Policy No. TWC4031031 Endorsement No. 001 Insured
Insurance Company
Technology Insurance Company, Inc.
WC 00 03 13
(Ed. 4-84)
Agreement for Services v. January 2021 Page 8 of 24
McLaughlin Painting, Inc.
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Policy Number: RKA0400352
(3) When this insurance is excess over other c. We have issued this policy in reliance upon insurance, we will pay only our share of the your representations. amount of the loss, if any, that exceeds the 7. Separation Of Insureds sum of:
Except with respect to the Limits of Insurance, and
(a) The total amount that all such other any rights or duties specifically assigned in this insurance would pay for the loss in the Coverage Part to the first Named Insured, this in- absence of this insurance: and surance applies:
(b) The total of all deductible and self- a. As if each Named Insured were the only insured amounts under all that other in- Named Insured; and surance.
b. Separately to each insured against whom claim
(4) We will share the remaining loss, if any. is made or "suit" is brought. with any other insurance that is not de-
scribed in this Excess Insurance provision 8. Transfer Of Rights Of Recovery Against Others and was not bought specifically to apply in To Us
excess of the Limits of Insurance shown in If the insured has rights to recover all or part of the Declarations of this Coverage Part. any payment we have made under this Coverage c. Method Of Sharing Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them, At
If all of the other insurance permits contribution our request, the insured will bring "suit" or transfer by equal shares, we will follow this method those rights to us and help us enforce them. also. Under this approach each insurer con-
tributes equal amounts until it has paid its ap- 9. When We Do Not Renew If we decide not to renew this Coverage Part, we
remains, whichever comes first. will mail or deliver to the first Named Insured If any of the other insurance does not permit shown in the Declarations written notice of the contribution by equal shares, we will contribute nonrenewal not less than 30 days before the exp- by limits. Under this method, each insurer's ration date. share is based on the ratio of its applicable If notice is mailed, proof of mailing will be sufficient limit of insurance to the total applicable limits of proof of notice. insurance of all insurers. SECTION V - DEFINITIONS
5. Premium Audit 1. "Advertisement" means a notice that is broadcast a. We will compute all premiums for this Cover- or published to the general public or specific mar- age Part in accordance with our rules and ket segments about your goods, products or ser- vices for the purpose of attracting customers or
b, Premium shown in this Coverage Part as ad- supporters. For the purposes of this definition:
vance premium is a deposit premium only. At a. Notices that are published include material the close of each audit period we will compute placed on the Internet or on similar electronic the earned premium for that period and send means of communication; and notice to the first Named Insured. The due date b. Regarding web-sites, only that part of a web- for audit and retrospective premiums is the
date shown as the due date on the bill If the site that is about your goods, products or ser- vices for the purposes of attracting customers
sum of the advance and audit premiums paid or supporters is considered an advertisement. for the policy period is greater than the eamed
premium, we will return the excess to the first 2. "Auto" means:
Named Insured. a, A land motor vehicle, trailer or semitrailer de- c. The first Named Insured must keep records of signed for travel on public roads, including any the information we need for premium computa- attached machinery or equipment, or tion, and send us copies at such times as we b. Any other land vehicle that is subject to a com may request. pulsory or financial responsibility law or other 6, Representations motor vehicle insurance law in the state where By accepting this policy, you agree: it is licensed or principally garaged. * The statements in the Decrations are accoun merever, 'auto" does not incude "mobile equip * The you talents us, hased upon ropresenta-
Milan or Series lauary 2021 Page 9 of 24
August 2022
Policy Number: CKA0400493 Contractors Bonding and Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
SCHEDULE OF UNDERLYING INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
Item 4. of the declarations is amended to include
Type of Carrier Eff. Date Exp. Date Limits
Coverage
Business Liability RLI Insurance Company 03-11-22 03-11-23 Occurrence $ 1,000,000 RKA0400352 Aggregate $ 2,000,000
Business Auto Contractors Bonding and 03-11-22 03-11-23 $ 1,000,000 Liability Insurance Company
CKА0400492
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
CBX 311 07 18 Page 1 of 1
Agreement for Services v. January 2021 Page 10 of 24
McLaughlin Painting, Inc.
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McLaughlin
Policy Number: RKA0400352 IL 00 17 11 98
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation b. Give you reports on the conditions we find;
1. The first Named Insured shown in the Declara-
ons may cancel this policy by mailing or di c. Recommend changes. vering to us advance written notice of cance 2. We are not obligated to make any inspections. lation.
surveys, reports or recommendations and any
2. We may cancel this policy by mailing or deliv such actions we do undertake relate only to in ering to the first Named Insured written notice surability and the premiums to be charged, We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake lu perform the duty of any person or organization to provide for the health or safety
Intum if we cancel for nonpayment of pre- of workers or the public. And we do not warrant that conditions:
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason. a. Are safe or healthful: or
3. We will mail or deliver our notice to the first b. Comply with laws. regulations, codes or Named Insured's last mailing address known to standards. uS. 3. Paragraphs 1, and 2, of this condition apply
4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory. date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rata. If the first to any inspections, surveys, reports or recom- mondations wo may make relative to certifica-
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be of- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- refund. sels or elevators.
0. If notice is mailed, proof of mailing will be suf E. Premiums ficient proof of notice. The first Named Insured shown in the Declara- B. Changes tions:
This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded
The firet Named Insured shown in the Declara. 2. Will be the payee for any retur premiums we lions is authorized to make changes in the terms pay.
of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy.
C. Examination Of Your Books And Records Your rights and dutles under this policy may not be transferred without our written consent except
We may examine and audit your books and rec- in the case of death of an individual named in- ords as they relate to this policy at any time during sured. the policy perlod and up to three years afterward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while
1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap-
a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and dutias
but only with respect to that property.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Agreement for Services v. January 2021 Page 11 of 24
McLaughlin Painting, Inc.
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Policy Number: CKA0400492
cLaughlin
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair - Waiver Of Deductible
1. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage - Loss Of Use
L. Hired Car - Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition - Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition - Railroad Easement Q. Coverage Extensions - Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
Contractors Bonding and Insurance Company
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This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured that is executed by you before the "bodily in- The following is added to the SECTION II - jury" or "property damage" occurs COVERED AUTOS LIABILITY COVER- D. Blanket Waiver Of Subrogation AGE, Paragraph A.1. Who Is An Insured The following is added to the SECTION IN - Provision:
BUSINESS AUTO CONDITIONS, A. Loss
Any business entity newly acquired or Condition, 5. Transfer of Rights Of Re- formed by you during the policy period, pro- covery Against Others To Us:
vided you own fifty percent (50%) or more of
We waive any right of recovery we may
the business entity and the business entity is
have against any person or organization to
not separately insured for Business Auto the extent required of you by a contract exe- Coverage.
cuted prior to any "accident" or "loss", pro-
maximum of one hundred eighty (180) days vided that the "accident" or "loss" arises out following the acquisition or formation of the
of the operations contemplated by such con-
business entity.
tract. The waiver applies only to the person
This provision does not apply to any person or organization designated in such contract. or organization for which coverage is ex-
E. Employee Hired Autos
cluded by endorsement.
1. The following is added to the SECTION
B. Employees as Insureds
Il - COVERED AUTOS LIABILITY
The following is added to the SECTION II- COVERAGE, Paragraph A.1. Who Is COVERED AUTOS LIABILITY COVER- An Insured Provision:
AGE, Paragraph A.1. Who Is An Insured An "employee" of your is an 'insured" Provision:
while operating an "auto" hired or rented
Any "employee" of yours is an under a contract or agreement in that while using a covered auto" you don't own, "employee's" name, with your permis- hire or borrow in your business or your per- sion, while performing duties related to sonal affairs. the conduct of your business
C. Blanket Additional Insured 2. Changes In General Conditions:
The following is added to the SECTION II - Paragraph 5.b. of the Other Insurance COVERED AUTOS LIABILITY COVER- Condition in the BUSINESS AUTO AGE, Paragraph A.1. Who Is An Insured CONDITIONS is deleted and replaced Provision: with the following:
Any person or organization that you are re- b. For Hired Auto Physical Damage quired to include as an additional insured on Coverage, the following are deemed this coverage form in a contract or agree- to be covered "autos" you own:
ment that is executed by you before the
(1) Any covered "auto" you lease,
"bodily injury" or "property damage" occurs hire, rent or borrow; and is an "insured" for liability coverage, but only
for damages to which this insurance applies (2) Any covered "auto" hired or and only to the extent that person or organi-
zation qualifies as an "insured" under the
Who Is An Insured provision contained in
SECTION II - COVERED AUTOS LIABIL-
ITY COVERAGE
own business auto coverage if you are re-
quired to do so in a contract or agreement
Contractors Bonding and insurance Company
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McLaughlin Painting, Inc.
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F. Fellow Employee Coverage for "loss" to wearing apparel and other personal effects which are:
SECTION II - COVERED AUTOS LIABIL-
ITY COVERAGE, Exclusion B.5. does not (1) Owned by an "insured"; and apply if you have workers compensation in-
(2) In or on your covered "auto";
surance in-force covering all of your em-
ployees. No deductible applies to Personal Et-
fects Coverage.
G. Auto Loan Lease Gap Coverage
J. Hired Auto Physical Damage Coverage
SECTION III - PHYSICAL DAMAGE COV-
ERAGE, C. Limit Of Insurance, is amend- The following is added to SECTION - ed by the addition of the following: PHYSICAL DAMAGE COVERAGE, A.
In the event of a total "loss" to a covered Coverage, 4. Coverage Extensions:
"auto" shown in the Schedule of Deciara- d. Hired Auto Physical Damage Cover- tions, we will pay any unpaid amount due on age
the lease or loan for a covered "auto" less: If hired "autos" are covered "autos" for
1. The amount paid under the PHYSICAL Liability Coverage and this policy also DAMAGE COVERAGE section of the provides Physical Damage Coverage for policy; and an owned "auto", then the Physical
Damage Coverage is extended to "au-
2. Any: tos* that you hire, rent or borrow subject
a. Overdue lease/loan payments at the to the following:
time of the "loss";
(1) The most we will pay for "loss" in
b. Financial penalties imposed under a any one "accident" to a hired, rented lease for excessive use, abnormal or borrowed "auto" is the lesser of:
wear and tear or high mileage.
(a) $60,000
c. Security deposits not returned by (b) The actual cash value of the the lessor, damaged or stolen property as
d. Costs for extended warranties, of the time of the "loss", or Credit Life Insurance, Health, Acci- (c) The cost of repairing or replac- dent or Disability Insurance pur-
ing the damaged or stolen prop-
chased with the loan or lease; and erty with other property of like e. Carry-over balances from previous kind and quality.
loans or leases.
(2) An adjustment for depreciation and
H. Glass Repair - Waiver Of Deductible physical condition will be made in the event of a total "oss"
SECTION III - PHYSICAL DAMAGE COV-
ERAGE, D. Deductible is amended by add- (3) If repair or replacement results in ing the following: better than like kind or quality, we No deductible for a covered "auto" will apply will not pay for the betterment. to glass damage if the glass is repaired ra- (4) A deductible equal to the highest ther than replaced. Physical Damage deductible appli-
I. Personal Effects Coverage cable to any owned auto will apply.
The following is added to SECTION III - (5) This Coverage Extension will not PHYSICAL DAMAGE COVERAGE, A. apply to:
Coverage, 4. Coverage Extensions: (a) Any "auto" that is hired, rente or borrowed with a driver, o
c. Personal Effects Coverage
In the event of a total theft loss of your (b) Any "auto" that is hired, rented covered "auto" we will pay up to $400 or borrowed from your "employ- ee".
Contractors Bonding and Insurance Company
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Augustzhin Painting, Inc.
• Hired Auto Physical Damage - Loss Of (b) You will not make any settle- Use ment without our consent.
he following is added to SECTION I (c) We will reimburse you:
COVERED AUTOS LIABILITY COVER
(i) For the amount of damages
AGE, A.2. Coverage Extensions: because of liability imposed C. We will pay sums which you legally upon you by law on account must pay to the lessor of a covered "au- of "bodily injury" or "property damage" to which this in-
surance applies, and
(ii) For all reasonable expenses
to", provided: incurred with our consent in
(1) This insurance provides compre- connection with the investi- hensive, specified causes of loss or gation, settlement or de- collision coverage on the covered fense of such claims or "auto"; "suits". Reimbursement for
expenses will be part of the
(2) The loss or use results trom the Limit of insurance for liabil- covered "auto" being damaged in an ity coverage shown in the "accident" while you are leasing it. Business Auto Coverage We will pay up to a maximum limit of Declarations, and not in ad- $1,500 for this coverage extension. dition to such limits.
L. Hired Car - Worldwide Coverage (3) The limit of insurance for Liability Coverage shown in the Business
The following is added to SECTION II - Auto Coverage Declarations is the COVERED AUTOS LIABILITY COVER- most we will reimburse you for the AGE, A.2. Coverage Extensions: sum of all damages imposed on d. Hired Car - Worldwide Coverage you, as set forth in paragraph (2)(c) above, and all expenses incurred by
(1) We will pay all sums an "insured" you arising out of any single "acci- legally must pay as damages be- dent" or "loss".
cause of "bodily injury" or "property
damage to which this insurance (4) You must maintain the greater of the applies, caused by an "accident" following primary auto liability insur- which occurs outside of the United ance limits:
States of America, the territories (a) Compulsory admitted insurance and possessions of the United with limits required to be in force States of America, Puerto Rico and to satisfy the legal requirements Canada resulting from the mainte- of the jurisdiction where the ac- nance, or use of any covered "auto"
cident occurs; or
of the private passenger type you
lease, hire, rent or borrow without a (b) Insurance limits required by law driver for thirty (30) days or less. and issued by a govemment en- tity or by an insurer licensed or
(2) With respect to any claim made or permitted by law to do business "suit instituted outside the United in the jurisdiction where the ac- States of America, the territories
and possessions of the United
States of America, Puerto Rico, and (c) Auto liability insurance limits of Canada: at least $300,000 combined sin
(a) You shall undertake the investi- gle limit or $100,000 per person gation, settlement and defense / $300,000 per accident Bodily Injury, $100,000 Property Dam-
of such claims and "suits" and
age.
keep us advised of all proceed-
ings and actions.
Contractors Bonding and Insurance Company
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Agreement for Services v. January 2021 Page 15 of 24
McLaughlin Painting, Inc.
August 2022
If you fail to comply with the above O. Airbag Coverage this insurance is not invalidated.
However in the event of a "loss", we The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE B. Ex-
will pay only to the extent that we clusions 3.a.:
would have been liable had you so
complied. However, this exclusion will not apply to ac- cidental discharge of an airbag due to me-
(5) The insurance provided by this coy- chanical or electrical breakdown erage extension is excess over any
other collectible insurance available P. Amended Insured Contract Definition - Railroad Easement
SECTION V - DEFINITION paragraph H.
M. Temporary Transportation Expenses "Insured contract" is modified as follows:
1. Paragraph H.3. is replaced by the fol-
lowing:
3. Any easement or license agree-
deleted and replaced by the following: ment.
a. Transportation Expenses 2. Paragraph H.6.a. is deleted. (1) We will pay up to a maximum of Q. Coverage Extensions - Audio, Visual $1,500 for temporary transportation And Data Electronic Equipment Not De- expense incurred by you because of signed Solely For The Production Of Physical Damage to a covered "au-
Sound
to".
ECTION III - PHYSICAL DAMAGE CO
(2) We will pay only for those covered
RAGE B. Exclusions, exception par
"autos" for which you carry Compre-
graph a. to exclusion 4.c. and 4.d. is deleted
hensive, Collision Specified
Cause of Loss Coverage. and replaced with the following:
a. Equipment and accessories used with
(3) We will pay only for those expenses
incurred by you during the period of such equipment, except for tapes, rec- time that begins twenty-four (24) ords, disce or other electronic media de- hours after the covered "loss" and vice, provided such equipment is per- manently installed in the covered "auto"
ends at the time when the covered
at the time of the "loss" or is removable
"auto" can be reasonably repaired or
from the housing unit which is perma-
replaced nently installed in the covered "auto" at
(4) This coverage does not apply while the time of the "loss", and such equip- there are spare or reserve "autos" ment is designed to be solely operated available to you for your operations. by use of the power from the "autos" N. Amended Bodily Injury Definition - Men- electrical system, in or upon the covered "autos", or
tal Anguish
The following is added to SECTION V - R. Notice Of And Knowledge Of Occurrence DEFINITIONS, Definition C.: SECTION IV - BUSINESS AUTO CONDI- "Bodily injury" also includes mental anguish, TIONS, A.2. Duties In The Event Of Acci- but only when the mental anguish arises dent, Claim, Suit or Loss, subparagraph a is deleted and replaced with the following:
from other bodily injury, sickness or disease.
Contractors Bonding and Insurance Company
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Agreement for Services v. January 2021 Page 16 of 24
McLaughlin Painting, Inc.
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(1) How, when and where the "acci-
dent" or "loss" occurred;
(2) The "insured's" name and address;
and
) To the extent possible, the nam
id addresses of any inured persi
and witnesses.
Your duty to give us or our authorized
representative prompt notice of the "ac-
cident or "loss" applies only when the
"accident" or "loss" is known to:
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
(3) An executive officer or insurance
manager, if you are a corporation.
S. Unintentional Errors Or Omissions
SECTION IV - BUSINESS AUTO CONDI-
TIONS, B. General Conditions; 2, Con-
cealment, Misrepresentation or Fraud is
amended by adding the following:
The unintentional omission of, or uninten-
tional error in, any information given by you
shall not prejudice your rights under this in
surance. However, this provision does not
affect our right to collect additional premium
or exercise our right of cancellation or non-
renewal.
Contractors Bonding and Insurance Company
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Agreement for Services v. January 2021 Page 17 of 24
McLaughlin Painting, Inc.
August 2022
Policy Number: RKA0400352
MCLAUGHLIN
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - WHERE REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE (Optional)
Name of Additional Insured Persons or Organizations Locations of Covered Operations (per "witten contract", provided the location is within the (as required by "witten contrac" per Paragraph A. below) "coverage territory" of this Coverage Part) A WHO IS AN INSURED (Section II) is amended vailable limits in this policy, or those limit to include as an insured: ou acreed to provide in the writte contract"
1. Any person(s) or organization(s) whom you
required pursuant "written 3. With respect to the coverage provided contract" to add as an additional insured under this endorsement, the following duties on this policy; and are added to Section IV - Commercial General Liability Conditions, paragraph 2.
2. The particular person or organization, if Duties in The Event of Occurrence, any, scheduled above. Offense, Claim or Suit:
B. When required in the written contract, the
e. An additional insured under this
coverage provided to the additional insured endorsement will as soon as practicable:
under this policy shall be primary and non-
contributory to the additional insured subject to (1) Give written notice of an the limitations set forth below. "occurrence" to us which may result in a claim or "suit" under this
C. The insurance provided to the additional insured
insurance:
is limited as follows:
(2) Agree to trigger or activate any other
1. The person or organization is an additional insurance which the additional insured only with respect to liability for insured has for a loss we cover "bodily injury" or "property damage" caused, under this Coverage Part by in whole or in part, by:
tendering the defense to the insurers
a. Your acts or omissions; or of all such other insurance. b. The acts or omissions of those acting 4. If required by the "written contract, we on your behalf; waive the right of recovery we may have against the additional insured to which this
the performance of your ongoi endorsement applies for payments we erations as specified in th "written for injury" or "property make "bodily
contract. damage" arising out of "your work" on the
When required in the "written contract, the "written contract. overage provided to the additional insure 5. Unless otherwise agreed in the written y this endorsement will apply to "bodil
contract", this insurance is excess over any
other insurance whether primary, excess.
the *products-completed contingent or on any other basis that is hazard. available to the additional insured.
2. The Limits of Insurance applicable to the D. SECTION V - DEFINITIONS is amended to additional insured are the lesser of the include the following definition:
RLI INSURANCE COMPANY
RGL 350 08 17 Includes copyrighted material of Page 1 of 2 Insurance Services Office, Inc., with its permission.
MAmen Prince Ramuny 2021 Page 18 of 24
August 2022
Policy Number: RKA0400352
Written contract means a written contract o during the term of this policy, and written agreement that requires you to make
person or organization an additional insured or
his Coverage Part, provided the contract o
agreement is:
1. Valid and legally enforceable;
2. Currently in effect or becoming effective
ALL OTHER TERMS AND CONDITONS OF THIS POLICY REMAIN UNCHANGED.
RLI INSURANCE COMPANY
RGL 350 08 17 Includes copyrighted material of Page 2 of 2 Insurance Services Office, Inc., with its permission.
greement for Services v. January 202 Page 19 of 24
McLaughlin Painting, In
August 2022
Attachment B
M McLAUGHLIN
PAINTING & WATERPROOFING
16020 Caputo Drive, Suite 200 Morgan Hill, CA 95037
P: 408-920-6119 | F 408-333-9979 | mclaughlinca.com | State Lic. #603069 7/29/2022
Ronald Patterson
Fleet and Facilities Manager
City of Salinas
426 Work Street
Salinas, CA 93901
RE: City of Salinas - 200 Lincoln Ave - City Hall Repaint - Revision_02 Exterior Proposal
We propose to prepare and paint the exterior of your building according to the following:
1. Rinse the exterior of the building using a chemical injection on all mildew so it does not grow back through the new coat of paint.
2. Caulk the significant cracks in the stucco with a high-quality caulking and use a roller to feather it out to help hide the lines.
3. Spot prime the bare surfaces with a suitable exterior primer.
4. Clean up the loose paint chips.
5. Remove any loose, flaking rust and spot prime rusted areas with an exterior rust inhibitive primer.
6. Pull back the top layer of loose dirt or rocks by the foundation to paint to the bottom of the walls.
7. Use drop cloths to protect your plants, concrete and decks from paint splatters.
8. Mask the windows so they are completely covered with a translucent plastic.
9. Spray paint the body to be painted while keeping overspray off the surfaces that are not to be painted.
10. "Back roll" the paint on the siding while it is wet to work the paint into the surfaces.
Exterior Notes:
Please be advised about the below:
• Your windows may get dirty after pressure washing. We do not clean windows but can recommend a window washer. Swallows and their mud nests that are on your building by law may not be removed from February 15th through Sept 1st. When painting these areas during the off season we will remove them, clean and paint the surfaces. During the bird nesting months will paint around the area.
Alaughin Painting anuary 2021 Page 20 of 24
August 2022
• It is the owner's responsibility to trim the bushes, so they are at least 3 inches away from the surfaces to be painted, trees 5' away from surfaces to be painted and to provide water and electricity
• Water damage to the structure during pressure washing due to poor construction is not the responsibility of McLaughlin
• Since stripping of old paint has not been included in the above specifications, McLaughlin will not be held responsible for peeling and/or bubbling of the old coats of paint
• Permit allowance is up to $3000
• Bid is based on working Saturdays only with a start time of 7am. • Bid is based on prevailing wage rates.
• Items visible from the ground level are only included in price • Price is based on same color breaks
• Owner or owner's agent will provide all paint colors and product names with sheen from local paint supplier
• Walls inside of parking garage are not included. Painting of factory finished windows or factory finish surfaces, stainless steel handrails, not detached storage sheds located in between city hall and police station.
Options:
(Please initial the options you would like to us to complete) Option Initial Description Amount
1 Body and Flashing Cap: Paint with one coat of Kelly
Moore's Exterior Low-Sheen Paint with color similar to
existing.
Lead Preparation Notes: Peeling Walls on Garage Ramp
Use 4mill plastic to cover floors extended 10-15 feet away from walls. Scrape only loose/lifting paint. Contain all lead in plastic and dispose of lead correctly. While we are
working with lead, we will block off half of the drive-way.
All of our employees working in this area will use full Tyvek suits and half mask with proper filtration.
Ramp Walls coming out of Parking Garage: Paint with
one coat of Kelly Moore's Exterior Low-Sheen Paint with color similar to existing. $92,256
2 Rotunda: Paint with one coat of Kelly Moore's Exterior Low-Sheen Paint with color similar to existing ADD: $11,192 3 Permit Allowance: ADD: $3,000
4 Rooftop Standalone Walls and HVAC System: Paint
with one coat of Kelly Moore's Exterior Low-Sheen Paint x with color similar to existing. ADD: $3912
5 Brown Handrails: Scrape loose paint to a tight surface not smooth. Spot prime over bare surfaces. Apply 1-2 full greement for Services v. January 202 Page 21 of 24
Laughlin Painting, In
August 2022
coats of Exterior Semi-Gloss Paint with color similar to existing. ADD: $3112
is in dispute. If this contract is between us and a general contractor, our payment is not dependent on when/if the general contractor gets paid by their/the customer.
Additional Terms:
• This price may be withdrawn if not accepted within 30 days • All work is to be completed in a professional manner according to standard practices • Scheduling: Will be discussed after contract is signed • Completion Date: Will be discussed after contract is signed • Pre-Liens: while it is typically McLaughlin's policy to avoid pre-liening customers. We cannot legally require our subcontracts/vendors to avoid pre-liens on your project.
Acceptance of Proposal:
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. The customer may cancel with a three-day time period of the signed date below. Paymen will be made as outlined. By signing, signer agrees to pay either a $75 minimum per month late charge or a 1 ½ % Signature of acceptance Date
Submitted by: Alvaro Hernandez
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McLaughlin Painting, Inc.
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Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS' STATE LABOR CODE
Labor Law Requirements
(CCR " Title 8, Section 16421)
This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations ("DIR"). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.
Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815. The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §81771-1774; to employ apprentices pursuant to Labor Code §1777.5 et seq., and/or to comply with the other applicable provisions of Labor Code §1720 et seq., 8§1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.
The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:
1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §81720-1784.
The prevailing rates are those issued as wage determinations by the DIR, for each craft, classification and type of work. The current wage rate information can be found at the DIR's website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.
Copies of the prevailing rate of per diem wages are on file at City's Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.
2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards' ("DAS") Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.
Additionally, all contractors are required to request registered apprentices (DAS 142 form).
Penalties for failure to pay prevailing wages (for non-exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code §§1775 and 1777.7.
Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records ("CPRs") pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR's Agreement for Services v. January 2021 Page 23 of 24
McLaughlin Painting, Inc
August 2022
Electronic Certified Payroll Reporting ("eCPRs") database (https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.
4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.
5. Proper Licensing/Registration: All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of 84104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code 87000 et. seq.
6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR's website at:
http://www.dir.ca.gov/wpnodb.html.
7. Nondiscrimination in Employment - Equal Employment Opportunity ("EEO"):
Employment discrimination is prohibited, pursuant to Labor Code $1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.
8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting "kickbacks" from employee wages pursuant to Labor Code §1778.
9. Acceptance of Fees Prohibited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.
10. Unfair Competition Prohibited: Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.
11. Workers' Compensation: Contractors and subcontractors must be properly insured for Workers' Compensation under Labor Code §1861. Contractor hereby represents that ' Compensation or to undertak
self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.
12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.
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