HomeMy WebLinkAboutContracts & Agreements_34-2020NPS 2 2 (0$!2/19)
AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of exterior painting of Civic Center buildings
("Agreement") is made and entered on this 9th day of March, 2020 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and Michael's Discount
Painting ("Contractor") City and Contractor are sometimes individually referred to herein as a
"Party" and, together, as the "Parties " In consideration of the mutual promises contained herein,
City and Contractor agree as follows
ARTICLE 1— ENGAGEMENT OF CONTRACTOR
1 1 City hereby engages Contractor to perform exterior painting of Civic Center buildings for
City (the "Services")
1 2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly descnbed in Exhibit
"A," titled "Scope of Services," which is attached hereto and incorporated herein by
reference
2 2 Contractor shall comply with all applicable federal, state and local laws and regulations
in the performance of the Services including, but not limited, to all applicable Labor
Code and prevailing wage laws and non-discrimination laws, including the Americans
with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing
rates of per diem wages as determined by the Director of the California Department of
Industrial Relations for each craft, classification or type of worker needed to undertake
the Services are on file at City's Mumcipal Utilities and Engineering Department, located
at the Civic Center, 35 Cajon Street, Suite 15A (Mailing P 0 Box 3005), Redlands,
California 92373
2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to
prevailing wages that City may enforce such provisions by withholding payments to
Contractor or its subcontractors pursuant to Labor Code section 1771 6
2 4 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771,
1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory
provisions establishing penalties for failure to comply with state wage and hour laws and
to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775
and 1813
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2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection
2 6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810
2 7 Contractor shall comply with the provisions of Labor Code section 1777 5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815
2 8 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to
assign to City all nghts, title and interest in and to all causes of action it may have under
section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act {Chapter
2 (commencing with section 16700) of Part 2 of Division 7 of the Business and
Professions Code), ansing from purchases of goods, Work or materials pursuant to this
Agreement
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services
3 2 City designates Chris Boatman, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Services in a prompt and diligent manner m
accordance with the schedule set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference The Services shall commence as of the Effective Date
of this Agreement
4 2 Contractor shall complete the Services within thirty (30) days, unless the Services are
earlier terminated as permitted herein
4 3 Contractor shall furnish a labor and matenal bond in the form attached hereto as Exhibit
"B," which is attached hereto and incorporated herein by reference, m an amount equal to
one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to
this Agreement
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 Total compensation for Contractor's performance of the Services shall be in the amount
of Thirty Nine Thousand Nine Hundred Dollars ($39,900) City shall pay Contractor
upon completion of the Services in accordance with Exhibit "C," titled "Price Bid,"
attached hereto and incorporated herein by reference
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5 2 Contractor shall submit an invoice to City upon completion of the Services City shall
pay Contractor no later than thirty (30) days after receipt and approval by City of
Contractor's invoice
5 3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date
of delivery in person, (n) five (5) days after deposit in first class registered mail, with
return receipt requested, (iii) on the actual delivery date if deposited with an overnight
courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail, in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section
City
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands org
(909) 798-7531
Contractor
Michael Delavega, Owner
Michael's Discount Painting
369 Theresa Way
Chula Vista, CA 91911
michaelsdiscountpainting@gmail corn
619-701-8377
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services Contractor shall not
perform any Services unless and until the required insurance fisted below is obtained by
Contractor Contractor shall provide City with certificates of insurance and endorsements
evidencing such insurance pnor to commencement of the Services Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City
A Workers' Compensation and Employer's Liability insurance m the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self-insured or exempt from the workers' compensation laws
of the State of Cahforma Contractor shall execute and provide City with Exhibit "D,"
titled "Workers' Compensation Insurance Certification," which is attached hereto and
mcorporated herein by this reference, prior to performance of the Services
B Comprehensive General Liability insurance with carriers acceptable to City in the
mimmum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contnbuting to any insurance or self-insurance
maintained by City
C Business Auto Liability coverage, with minimum limits of One Million Dollars
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($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
6 2 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Contractor, or its
officers, employees and agents in performing the Services
ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services Contractor further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement
7 2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law,
(ii) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authonzation or entitlement,
(iii) authorize City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract,
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof
B Does not serve in a staff capacity with City and in that capacity, participate m
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302
7 3 In the event City determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk
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ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
8 2 Contractor shall not assign any of the Services, except with the prior wntten approval of
City and in strict compliance with the terms and conditions of this Agreement Any
assignment or attempted assignment without such pnor written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement
8 3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor any of its agents
shall have control over the conduct of Contractor or Contractor's employees, except as
herein set forth Contractor shall supply all necessary tools and instrumentalities required
to perform the Services Assigned personnel employed by Contractor are for its account
only, and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to
bind City to any obligation
8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate If this
Agreement is terminated by City, an adjustment to Contractor's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Contractor at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Contractor Upon
receipt of a termination notice, Contractor shall immediately discontmue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and matenals as may have been
accumulated by Contractor in performing the Services Contractor shall be compensated
on a pro -rata basis for Services completed up to the date of termination
8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Agreement Such books shall be available at reasonable times
for examination by City at the office of Contractor
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any pnor negotiations, wntten proposals or verbal agreements relating to such
matters are superseded by this Agreement. Except as otherwise provided for herein, any
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amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement
CITY OF REDLANDS MICHAEL'S DISCOUNT PAINTING
By By.
Charles M Duggan Jr , ity anagen C) caner
ATTEST
e Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall include surface preparation, surface repairs, caulking, sealants, patching and
application of the paint coating to the substrates and systems outlined in this Scope of Services
It is the intent of the specifications that all surfaces (except those specifically noted otherwise) be
painted or finished for a thoroughly complete job in every respect whether every item is herein
specified or not Contractor will be responsible for facilitating proper use of all appropriate and
required PPE
WORKMANSHIP AND APPLICATION CONDITIONS
Paint only in dry weather when temperature is 50° F or higher Stop extenor work early
enough to permit paint film to set up before condensation occurs (caused by night
temperature drops) Do not begin painting until surfaces are moisture free
- Keep paint at room temperature
Keep dust, dirt and debris away from work before and during painting
Painting application shall be made in stnct conformance to this Scope of Services and to
the manufacturer's instructions on the product labels and product data sheets
- Paint only dry wood (less than 15% moisture) Defer painting after ram or washing, until
surface is dry
All work shall be accomplished by qualified workers, trained on necessary tools and
equipment
All materials shall be applied evenly, free of runs, sags, and pinholes
All shrubbery, landscaping, outside carpeting and sprinkler systems shall be fully
protected against damage dunng each stage of the painting project
All exterior substrates not designated to receive paint coatings shall be kept protected and
free of paint residue and over spray (e g windows, concrete walkways, driveways, floors,
etc )
- City will provide water and electricity from existmg facilities
Necessary/required safety signage, lighting and temporary fencing around work areas
shall be installed and maintained by the awarded contractor Work shall be performed in
accordance with OSHA requirements throughout the duration of the project
A progress schedule shall be furnished by Contractor for approval by City staff
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MA 1 E,RIAL S
- Materials for this project that will be provided by The City of Redlands are as follows
• Paint/Primer
• Pre Primer product
• Solid Stain
• Plastic/tarps/paper
Contractor will be responsible for all other necessary matenal
- All materials shall be used according to label directions and applied per manufacturer
specifications
COLOR PALETTE
Colors will be selected and provided by City staff
- A sample of the selected color(s) shall be applied by the contractor to the building for
color approval by City staff prior to full application
SURFACE PREPARATION
General
All surfaces to be painted shall be cleaned and prepared as specified The Contractor is
responsible for the finish of all work Should any surface be found unsuitable to produce
a proper paint or sealant finish, the Contractor shall be notified, in writing, and no
materials shall be applied until the unsuitable surfaces have been made satisfactory
Contractor will be responsible for facilitating proper use of all appropriate and
required PPE.
Previously coated surfaces
Maintenance painting will frequently not permit or require complete removal of all old
coatings pnor to repainting However, all surface contamination such as oil, grease, loose
and marginally adhering paint, mill scale, dirt, foreign matter, rust, old, mildew, mortar,
efflorescence and sealers must be removed to assure sound bonding to the tightly
adhering old paint All wooden surfaces to be painted, affected by wood rot will need to
be excavated and filled with an appropriate bonding and filling material In addition,
glossy surfaces of old paint films must be clean and dull before repainting Spot prime all
bare areas with the appropriate primer Recogmze that any surface preparation short of
total removal of the old coatings may compromise the service length of the new paint
- Cleaning & mildew control
All exterior surfaces must be thoroughly pressure cleaned using a pressure washer with a
minimum of 3000 PSI 3 5 gpm and a 15 degree tip held no more than 12" from the
surface to insure the surface is cleaned free of all loose, scaling, and marginally adhering
paint, all chalk, mildew, stains, dirt, grease or other foreign material Surface must be
firm, clean and dry before proceeding All loose and scaling paint not removed by
pressure cleaning shall be removed with a suitable hand or power tool Remove mildew
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using a solution of chlorine bleach and water mixed to a ratio of 1 part chlorine bleach
and 3 parts water Allow solution to remain on the surface for 10 minutes before rinsing
thoroughly with clean water
Contractor will not add household detergents or ammoma to the bleach solution
Rusted metal surfaces
Prep all rusted areas as needed to apply paint Surface must be clean, dry and sound Spot
prime cleaned rusted areas with specified primer
Previously painted exterior masonry, concrete, or stucco
Surface must be clean, dry & sound Repair cracks and imperfections
CAULKING/PUTTY PROCEDURES
All construction points, expansion points, window and door perimeters, and baseboards
shall be cleaned prior to caulking to assure desired adhesion to both surfaces Joints
include metal to metal, metal to masonry, masonry to masonry, wood to masonry, wood
to wood, wood to drywall
Do not apply caulking when ram or temperatures below 40°F are expected
Apply caulk with conventional caulking gun or pressure equipment Apply in continuous
bead Smooth and tnm caulk with finger or appropriate tool immediately to ensure firm,
full contact with the surfaces of the joint
Putty/spackling compound shall be applied directly from the container using finger, putty
knife or broad knife wider than the hole, crack, or indention being repaired
Putty/spackling compound shall be applied per the manufacturer's specifications Do not
use putty or spackling compound in joints or crevices that are known to flex or move
SAFETY
Note it is Contractor's responsibility to be fully self -informed regarding all legal and
industry standard requirements regarding all applicable safety requirements
Take proactive measures to ensure that all persons, life, property, the environment, air,
water, and land that are within the sphere of work are safeguarded from any foreseeable,
pending, or immediate threats or dangers
Ensure all workers and equipment operates in the safest possible ways including but not
limited to personal protective equipment
Provide all MSDS for all hazardous materials used in conjunction with this work
Ensure an adequate number of workers are onsite to ensure adequate safety
- Report, immediately, all safety concerns,
Representative
Maintain clear access to all entries and exits
incidents, or accidents to the City
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TRAFFIC
- Maintain clear ingress and egress areas, sidewalks, vehicle travel lanes, driveways, and
the like at all times unless the immediate work prohibits it.
Do riot block traffic lanes during blackout dates unless authorized by City Representative
Do not admit anyone into the designated work areas who are not an employee of City,
Contractor, or subcontractor
Ensure that all workers wear Contractor -furnished identification at all times.
Provide temporary security measures for the work site, to secure all equipment and
materials and discourage theft, vandalism, and unauthorized entry by public
OTHER
- Submit all manufacturer's guarantees, warrantees, product information, and any
applicable as -built drawings to City Representative after job has been completed and
prior to presentation of final invoice
Provide all necessary barricades, warning tape, and signage as required to protect walking
and vehicular traffic from work area and work area equipment
Provide scaffolding, bracing, or supports as required
- Protect all existing adjacent facilities
Maintain areas free of waste materials, debris, and rubbish
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EXHIBIT "C"
"FEE SCHEDULE"
CIVIC CENTER PAINTING
Bwldmg A — City Manager, City Clerk & Council Chambers
Item
Brief Description
*A
A
Quantity
B
Unit Price
*C
Total Price in
Figures.
Al
Mobilization, Demobilization, Cleanup
1
Lump Sum
$1500
A2
Pressure wash exterior of Building 1
1
Lump Sum
$1500
A3Prep
& paint exterior of Building 1 (natural
stone)
1
Lump Sum
$1500
A4
Prep & paint doorway framework entry facade
(north, west & south side of the building)
3
Lump Sum
$1500
A5
total) stucco patching (up to —50 square feet
$
50
SF
51500
A6
Prep & paint extenor of Building 1 (stucco)
1
Lump Sum
$2500
B7
510 000
Building B — Human Resources, Fire Administration, Credit Union, Revenue offices
Item
No.
Brief Description
* A
Quantity
,� B
Unit Price
*C
Total Price in
Figures
B1
Mobilization, Demobilization, Cleanup
1
Lump Sum
$1000
B2
Pressure wash extenor of Building 2
1
Lump Sum
$1000
133
Prep & paint exterior of Building 2
Wood trim, wood beams, window trim
1
Lump Sum
$1000
B4
Prep & paint exterior of Building 2
Wood trim, shiplap, metal gutters
1
Lump Sum
$1000
B5
Prep & paint exterior of Building 2
Doors
1
Lump Sum
$1000
B6
Prep & paint gates to trash enclosure in between
Bldg 2 & Bldg 3
1
Lump Sum
$1000
B7
Prep & paint natural stone, block, and or bnck
1
Lump Sum
$1000
138
Prep & paint iron/metal
1
Lump Sum
$2900
59900
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EXHIBIT "C"
"FEE SCHEDULE"
CIVIC CENTER PAINTING
Budding C — Municipal Utilities & Engineering departments
Item
No.
Brief Description
A
Quantity
B
Unit Price
Total Price in Figures
Cl
Mobilization, Demobilization, Cleanup
I
Lump Sum
$1400
C2
Pressure wash exterior of Building 3
1
Lump Sum
$1400
C3
Prep & paint exterior of Building 3
Wood trim, wood beams, window trim
1
Lump Sum
$1400
C4
Prep & paint extenor of Building 3
Wood trim, shiplap, metal gutters
1
Lump Sum
$1400
C5
Prep & paint exterior of Building 3
Doors
1
Lump Sum
$1400
C6
Prep & paint natural stone, block, and or bnck
(including stairwell wall leading to
underground parking)
1
Lump Sum
$1400
C7
Prep & paint iron/metal
1
Lump Sum
$1600
$10,000
Building D — Facilities & Community Services. IT, Develoument Services, Finance
Item
Brief Description
*A
Quantity
*B
Unit Price
*C
Total Price in
Figures
D1
Mobilization, Demobilization, Cleanup
1
Lump Sum
$1400
D2
Pressure wash exterior of Building 3
1
Lump Sum
$1400
D3
Prep & paint extenor of Building 3
Wood trim, wood beams, window trim
1
Lump Sum
$1400
D4
Prep & paint extenor of Building 3
Wood trim, shiplap, metal gutters
1
Lump Sum
$1400
D5
Prep & paint exterior of Building 3
Doors
1
Lump Sum
$1400
D6
Prep & paint natural stone, block, and or bnck
(including stairwell wall leading to underground
parking attached to bldg)
1
Lump Sum
$1400
D7
Prep & paint iron/metal
1
Lump Sum
$1600
$10,000
Contractor shall submit an invoice to City upon completion of the Services as listed above Completion of the
Services should be within thirty (30) days from the Effective Date of this Agreement
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furmshmg proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CITCK ONE
• I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencmg the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person m any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation msurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
MICHAEL'S DISCOUNT PAINTING
By Date
vega, Owner
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