AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ENVIRONMENTAL SYSTEMS INC.
City Hall Emergency HVAC System Replacement
THIS AGREEMENT is executed this 22nd day oiAugust 2023, ("Agreement" or "Contract") between the City of Salinas, a Califomia Charter city and municipal corporation (hereinafter "City") and Environmental Systems Inc., a California Corporation (Hereinafter "Contractor").
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
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 ofthis Agreement, and City may terminate this Agreement with no fi:rther 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 August 22, 2023, and shall be completed by June 30,2024, 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 f-air consideration for the performance of this Agreement, not to exceed Two Hundred Seventy-One Thousand One Hundred Sixty-Six Dollars and Forty Cents (S271,166.40), as more fully described in title of Contractors fee schedule, Attachment B. 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 olany compensation shall be contingent upon perlbrmance ofthe terms and conditions of this Agreement to the satistaction 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 lbr payment until such time as the work has been satisfactorily performed.
5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as sel forth herein as may be required by City to insure timely and adequate performance of this Agreement.
6. Insurance. Contractor shall procure and maintain lbr the duration olthis Agreement insurance meeting the requirements specified in Attachment A hereto.
7. Indemnification. Contractor shall hold harmless , defend at its own expense. and indemni! City and its officers, officials. employees, agents, and volunteers from and against all Agreement for Scrviccs v January 2021
Environmental Systems. lnc.
August 2023
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I . Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement. the following services: City Hall Emergency HVAC System Replacement.
Contractor's Proposal dated 713112023, Attachment B.
liability, claims, damages, losses, and/or expenses including reasonable City attomey fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out ofthe performance ofthe work under this Contract, caused in whole or in part by any negligent act or omission ofthe Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any ofthem may be liable, except where caused by the sole negligence or willful misconduct of the City.
8. Licensins. Contractor warrants thal it is properly licensed to perform the work specitied 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 ofdamages, ifany, as a result ofsuch termination may be decided by negotiations between the parties or before a court of competent jurisdiction.
11. Non-Assisnabilitv. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent olCity.
12. Entire reement. 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.
13. Validitv. If any provision in this Agreement is held by a court ol competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in lull force without being impaired or invalidated in any r.ray.
14. Counteroarts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
15. @. Contractor agrees thal in the performance of this Agreement il will comply with all applicable State. Federal and local laws and regulations, including those outlined in Attachment C. This Agreement shall be govemed by and construed in accordance with the laws of the State olCalifomia, County of Monterey, and City ol Salinas.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
Agreemcnt tbr Sowices v. latt@Iy 2021
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10. Agencv, 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.
S S. Carrigan
City Manager
APPROVED AS TO FORM:
A. Callihan, City Attomey. or
Rhonda Combs, Assistant City Attomey
CONTRACTOR
By (Printed e): E-L.€u{o,nina
Its (Title
Agreement lbr Services v. January 2021
Envircnmenlal S)stems. Inc.
August 2023
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CITY OF SALINAS
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Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration ofthe contract, and lor tkee years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance ofthe work hereunder by the Contractor, his,&erlits officers, agents, representatives, employees, and/or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
l. Commercial General Liability ("CGL"): lnsurance Services Office ("lSO") Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, prope(y damage. bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shatl apply separately to this projecVlocation (lSO 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 I (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 olCalilbmia. with Statutory Limits, and Employers' Liability insurance with a limit ofno 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 ofthe specified minimum limits of insurance and coverage shall be available to the City.
S e lf- I n s u r e d R e le ntio n s
Self-insured retentions must be declared to and approved by the City. At the option olthe 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 oflosses 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 I ns urance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
l. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations perlormed by or on behalfofthe Contractor including materials, parts, or equipment fumished in connection with such work or operations and automobiles owned. leased, hired, or borrowed by Agreemenl for Scrvices v. Januar) 2021
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or on behalfofthe Contractor. General liability coverage can be provided in the tbrm ofan endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 'l I 85 or both CG 20 10. CG 2026,CG 20 33, or CG 20 38; and CG 20 37 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 0l 04 l3 as respects the City. its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City. its olficers, olficials, employees, or volunteers shall be excess ofthe 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. Ifthe services involve lead-based paint or asbestos identification/remediation, the Contractor's Pollution Liabitity policy shall not contain lead-based paint or asbestos exclusions. Ifthe 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.
Acceplability oJ 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 Suhrogation
Contractor hereby agrees to waive rights ofsubrogation which any insurer of Contractor may acquire from Contractor by virtue ofthe payment ofany loss. Contractor agrees to obtain any endorsement that may be necessary to afl'ect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor ofthe City fbr alt work performed by the Contractor, its employees, agents and subcontractors.
Ve rifi calion of Coverage
Contractor shall fumish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies ofthe applicable policy language effecting coverage required by this clause) and a copy ofthe 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 ofall required insurance policies, including endorsements, required by these specifications, at any time.
Subconlroctors
Contractor shall require and verifi, 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.
Maintenance of Ins urance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Agrcement for Services v. lar\raty 2021
Environmental Systems, Inc.
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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 modift these requirements, including limits, based on the nature olthe risk, prior experience, insurer, coverageJ or other special circumstances.
Surely Bonds
Contractor shall provide the following Surety Bonds;
1. Poyment bond
2. Performance bond
3. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. A' the Performance Bond provides for a one-yedr warran|), a separote Mainlenance Bond is not necessary. If the warranty period specified in lhe contract is for longer than one year a Maintenance Bond equal to l0% of the contract price is required. Bonds shall be duly executed by a responsible corpordte surety, authorized to issue such bonds in the State of California and secured through an authorized ogenl with on offrce in California.
Agreement for Serviccs v. Jaruary 2021
Environmental Systcms, lnc.
August 2021
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Attachment B
July 31, 2O23
Cily of Solinos
2O0 Uncoln Ave
Solinos, CA 93901
Emoil : Eqorgs-lc,lbsr.c.o.lr
e uiau*a/al
S faf".n@
i t4, o
40 YEARS OF SERVICE
19i5.2tl1
Altenliqn: Seon Schmidl
Xelerence: Ciiy Holl- Emergency HVAC System Replocement Guole; ClTY,t43-23
Environmenlol Syslems. lnc. proposes to provide the lobor ond moteriol to complete the follow ng FINUN6S SUMiTARY:
Dudng losl week's service lo shr-rt down CiV Holb HVAC for orbestos obqlemeni, the following wos noled: The firsl-floor eost side oir hondling syslems hos foiled ond is nol repoiroble. The oir-hondler interior insulotion
-rs
delominotr'ng cousing debris portr:cles lo become oirborne ond blown inlo lhe occupied spoce. Ihe iome/chos$-s for the oir hondler ore rusled due io on-going heoiing woter leoks. The slruclurol slrength of the metol tome is compromised ond could collopse. The condensing uiilizes R-22 relrigeroni (no longer monufocfured) cwrenfly the unil is low on chorge ond sitling idle ot otrnospheric conditions. Ihe effort lo repoir ond rechorge o 20 plus yeor old piece of equipmeni would nol be the mosl cosl-effeclive decision for lhe city. Ihe equ pmeni needs lo be reploced ASAP. Due to shipping / monufocluring condilions, ihere is o l2 - l6-week leod-time lor equipment delivery. This is o likein-.kind moinienonce replocemenl projecl. lhe equipmenl needs lo be ordered wlhin ihe nexl two weeks lor o poasible November slorl-up. hooosed Work:
I . Evqcuole ond disposed of relrigeront ond oil per EPA guidelines 2- Disconnecl, remove ond dispose of exisiing condensing unil ond relngeronl piping
3. Disconnecl emove ond dispose of exisiing oir-hondler ond sheel melol plenums 4- lniloll two [2) new oir hondksn ond plenums
5- lmloll one {l I new condensing units ond refiigeroni piping 6, lnstoll new hoi wqler heoling volve ond piping
7. lnsioll/odd onio the exisling Delto Conlroller iempemfure/schedules/btrilding presure c ontrols/OSA C 02 moniioring
Proporol lor emcrgency HVAC replocement $225,972,m
Lobor: $87,88O.0O Moledols: S138,092,m
Exclusionr:
Overlime lobor, permits, service, engineering, repoirs or componeni replocement nol s+oied. l-rne volloge electricol inrlollnlion. boiler operotion, upgroder or modificotions olher thon stoied obove. Hqzordous Moieriol obolemenl-
3353 DE LA CRUZ BLVD. SAMA CLARA, CA 95O5,a IEL: ({81 98Gl7l I Fr.'}-. {ffi] 1n-7*5 CCL*1?:.78 [email protected]
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Pleose feel lree to conlocl us il you hove ony queslions or if we con be of lurlher ossislonce. ll you ore sctisfied wilh our proposol ond would like u! io proceed, pleose sign oelow ond emoil io serv ceG es le ntri. Pdce is volid lor 3O doys.
Keww-th) rLLLce
Senior Projecl Monoger
Acceplonce ol lhe obove proposol:
fhe p.ile. sp€cificalions. ord cqdtiis o, tlis p.opord (,e solisf€tory ord heleby occeptoue- l/Wehol,e reod rd ockha^itedge. ond ulrd€+:tctd E wioa'rleitcl Sysfet'E kE. s G€rlerd Terrs o'E oo.dlio.rs aftoched, ond he.eby i^carpoacte tlE ldryle 6 por,t oa ffii Flopo6d & Controct. Ulrve ogree to rlote d poymeflls os arln€d qbove.
P-O. Number: Amounl:
Dole:Signolure:
3353 DE LA CRUZ BLVD. SANTA CLARA. CA 95O5.11E-: (/O8l 98S17 11 FAX'. {&) 177-TnS CCL*1n1t8 ww9/ esi'ie.nel
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Pinl Norre:
-
Environmemal systems lnc - General Tems and conditions
SECTION l. ENTIRE AGREEMENT. The propo6alm p4e t, and thes€ General Terms and Condnions reDresents the entire agre€mem. o ner may issue a Purchase oder for accounting wrposes, bul fles€ General terms and conditions will prevail.
SECTION 2. PAYMENrTERMS: Owner aqrees to pay EnvironmentalSystems hc as follows: (A) 100% upon completion of prorect. (B) Any other payment terms must be mutually agreed to in rvritng between Owner and Environmefltal Systems lnc. (C) Progress payments based on amount of work completed each mmth.
SECTION 3. CHANGES lN WORK. contractor shall not b€ required to make any changes in the wort witrput a mutually agreed to w'itten change order authorization sJhich includes the new scope ol rvork and agreed lo price. lf Owner provides verbal direclion, Ovner agrees to tollow up in wlitlng within 5 days, bul in no event shall verbaldirection predude Environmental Syslems lnc lrom heng reimbuGed br the change order wort. Writte{l changes will not be required if Confac{or acts in response to an emergency s ihJatim.
SECTION 4. CLAIMS. lf any dispute shall arise betuEen Owner and Contractor regarding pertomance ot lh€ vrort, or any alleged chanqe in tlle rvork, Contractor may perfom the disputed wod( and shall submit a notce of a claim fu additimal compensation br the wort within ten ( 10) days after commencement of the dtspijted wort. Any and all claims shall llrst be addressed in an Owner/Contracto( meeting for resolution. lf that is unsuccessful, Cmtraclo( may requeat and Owner agrees to biMing atuitration. SECTION 5.
GUARANTEE. Envfmmental Systems lnc auarante€s and warrants all matarials and norkmanship and agrees to replace at his sole cct and expense any and all materials adjudged defectve or damaged rrom said installation during a peri(, o, either (A) 30 days ,or repair wort or (B) one )/ear from completion lor installation of new equipment- These specmcatons shall control unless a greater perild of quarantee is provrded by Equipment or material manuraclurers.
SECTION 6. INSURANCE. Envifonmental Slstems lnc shall, at ib expense, procure limits and maintain insurance on all of its operations. The following will be considercd acceplable insurance requirements on all projects. a. Worters tumpensation and Emplo)Eas Liability insurxrce; amounls as required by statute. b. Comprehensive General Liabality or Commercaal General Liability insurance covedng all operatims: S1,0m,00O.00 c. Aulomobil€ Liability insurance, including coverage for dlow own€d, hired and non-of,,ned autonK)biles: $'1, m0.m0.00 All insJrance coverages shall be in amounts and for duratbn of the proiect.
SECTION 7. INDEPENDENT CONTRACTOR. EnvironnEntal Systems lnc is an independent contractor and not an aqEnt br oflner
SECTION 8. ASBESTOS. Contactor agre€s to stop rvort immediately am notfy Owner shorJld asbestos or asbeslos related producls be discoveaed durinq the course ot constructlon. Wtrk will cmtinue mly afier the asbestos hazard has been abated by O$met and the Owner has authorized *ort to be restarted. Any such Asbestos remediation is not hcluded in this contEct.
SECTION 9. SEVERABILITY lf anyoneor more of lhe proyisidls of this Agreement, or the applicability of any such provisbn to a specific sifualion, is deemed invaliJ or unenforceable. then such provlsion shall be modifi€d to the minimum extent necessary to mafie it or its apglacation vaLd or enbrcsable, and lhe validity and enforceabiliv of all ottler provisions of this agrB€ment, and all other applications of such pfovisions. shall nol be afrected-
SECTION 10. JURISDICTION AND VENUE. Contractor and Ovner agree that this cslract shall be consfued in accordance with, and goyemed by, the latr6 of the Sitde of Califomia. The.iurisdiclion and venue for any displJte arishg trsn lhb contmct shall be Santa Chra County. CaliFomia.
SECnON 11 . ATTORNEYS FEES. f any actid is commenced b€tween lhe parties hereto concemirE the pro,ect of enforcement of thas Agreement. the prevalinq party in such litigatim shall be entnbd to. in additon to sudl other relief as may be granted. mun cosls, legal expenses. and reasonable attomeys' ,ees.
CONTRrcTORS ARE RECUIRED. 8Y LAW, TO B€ UC€NS€D A}.IO REGUI..ATED BY THE Co.ITRACTORS STATE LICENSE BOARD wl.I'CH H'.S JL,EJSDICTON TO INVESTIGATE CdPLAMTS AGAI}'ST CC'{TRrcTORS IF A CO}IPIAINT REGARDING A PAIEMT ACT OR Of,llSSlOl lS FILED WTTHIN FOUR YEARS OF THE DATE OF T1€ ALLEGED VIO(AnOl'r A CO$PT.AJI{T REGARDING A TATE TrcT OR Of,IISSION P€RIA|NING TO STRLrcTURAL DEFECTS MUST BE FILEO WITHIN 1 O YFJRS OF THE MTE OF THE AITEGED VIO(ATION, AMY OUESTIG.IS CONCEF'{ING A COITITRACTOR [,IAY BE REFERREO IO THE REGISTRAR CONTRACTORS' STA-IE UCE|SE BOARD, .yrd P.o. BOx 26(m, SACRAIENTO. cALrFoFNrA 04@€.
3353 DE tA CRUZ 8LVD. SANTA CLARA, CA 95054IEr: ({61 9&l7l I FAX: lffil 1n-7295 CCL*4A1B www.esite. nel
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Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS'STATE LABOR CODE
Labor Lart Requirements
(CCR Title 8, Section 15421)
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 DlR, as provided by Article 2, Chapter l, Division 2,Part7 of the Labor Code of the State of Califomia, commencing with $1771.
Penalties for violations may be applied by the DIR pursuant to the Labor Code $1813 and 91815. The Contractor shall indemniff, 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, $$1771-1774; to employ apprentices pursuant to Labor Code $ 1777.5 et seq., and/or to comply with the other applicable provisions ofLabor Code $ 1720 et 59q., $$1771- 1774, $1777.5 et seq., and the implementing regulations of the DIR in connection with the scope ofwork. This indemnification section shall survive the expiration ofthe Term.
The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:
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 $$1813 and 1815), to all workers employed in the execution ofthe contract (Labor Code $1774), pursuant to Labor Code $$1720-1784.
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://www1[Lqqgov/opr]lDPreWaecDetelrnination.hlnr.
Copies of the prevailing rate of per diem wages are on file at City's Public Works Department (principal place ofoffice). Contractor shall post a copy ofthe determination of the Director of DIR ofthe prevailing rate ofper diem wages at eachjob site.
2. Apprentices: Contractor and subcontractors shall employ regislered 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 l0 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.
3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records ("CPRs") pursuant to Labor Code 91776. Additionally, all contractors and subcontractors must fumish certified payroll records into the DIR's Electronic Certified Payroll Reporting (.,eCPRs") database Agreemenl for Services v. Januar) 2021
En!ironmental Systems. lnc
August 2023
htt s://efilin .dir.ca, or'/eCPR/ a es/eCPROnlineForm. . Penalties apply tos 5 .l
Contractor and any Subcontractors for failure to do so under Labor Code $1777.
Subcontracting: contractors are required to list all subcontractors hired to perform work on this public works agreement.
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 $4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perfbrm 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 Califomia Contractors License Law, found at Business and Professions Code $7000 et. seq.
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 infbrmation. 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. sov/wonodb.html.
7. Nondiscrimination in Employment - Equal Employment Opportunity ("EEO"):
Employment discrimination is prohibited, pursuant to Labor Code g 1 777.6, the Govemment 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 lor 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 Profbssions Code $ $ 17200 - 17208.
I l. Workers' Compensation: Contractors and subcontractors must be properly insured for Workers' Compensation under Labor Code $1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions ofthat Code. and Contractor will comply with such provisions before commencing the performance olthe work ofthis agreement.
12. OSIIA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.
6 Aereemcnt for Se.vices v. January 2021
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Br)nd #tl7Lrl200i5
Prcmium: S3.254.0t1
BOND OF FAITHFUL PERFORMANCE
(fo he con pleted and submilted arter proiecl ab'srd)
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City Council of the City of Salina-s, Monterey County, State ofCalifornia, by Resolution No. 22715 (N.c.s.) passed August 22 ,2023 , has been ar:r.arded to
Environmental S\'s1ens Inc. hereinafl er designated as
"Principal," a Contract for constructing
EMERCENCY CITY HAI,I, HVAC SYSTEM REPLACT]MENT
WHEREAS, said Principal is required under the lerms of said Contract to furnish a Bond for the faithful performance of said Contract;
Now, therefore, We, the Principal Nlutual Insurance AS
Surety, are held and firmly bounded to the City of Salinas, Monterey Counly, Califomia, in the penal sum of two hundred seventy-one thousand, one hundred sixty-six dollars and forty cents ($ 271. 66.40 ) Dollars, lawful money of the United States, being not less lhan 100% of the e$imaled Contract cosl ofthe work, for the paymenl olwhich sum well and truly to be made, we bind ourselves, our
heirs, executors, adminisrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, thal if the above bound Principal, his/her or its heirs, executors, administralors, successors or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform lhe covenants, conditions, and agreements in the said Contract and any alterations made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according lo their true intent and meaning, and shall indemni! and save harmless the City of Salinas, its ollicers and agents, as therein stipulaled, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condilion precedenl to lhe satisfaclory completion of the said Contract the above obligation in the amount of not less lhan !!% of the estimated Contracl cost, shall hold good for a rF.xiod of I vear after the completion acceptance oflhe said work, during which time ifthe above bound Principal, his/her or its heirs, executors, adminislrators, successors or assigns shall fail to make full complete and satisfactory repair and replacements or lotally protecl the said City of Salinas from loss or damage made evident during said period of lgg from the dale of acceptance of said work, and resulting flrom or caused by defeclive materials or faulty workmanship in the prosecution of the work done, the above obligation in the amount of not less lhan AZ of the total Bid Proposal cos( shall remain in full forcc and virtuc. otherwise lhe above obligation shall be void. However, nothing in this pamgraph to the contrary notwithstanding, lhe obligation of the Surely hereunder shall conlinue so long as any obligation of the Principal remains.
PERFORMANCE BOND _ cont
For any moneys eamed by the Principal and withheld by the City of Salinas to ensue the performance of the Contact, the Principal may, at his/her request and expense, substitute securities equiyalent to the amount withheld in the form and manner and subject 1o the conditions provided in Seaion 22300 of the Public Contracts Cod€ ofthe State ofCalifornia.
And the said Surely, for value received, hereby stipulates and agrees that no change, extension of time, alteration and addition to the terms of the Contract or to the work to be performed thereunder or thc Specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor or lo the work or to the Specifications.
IN WITNESS WHEREOF the above bond parties have executed this instrument under their seals this Scptember .20 23 lhe name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its undenigned representative; pursuant to authority of its goveming body.
Principal Name: Environmental Systems lnc.
Address
_-_ l"t _ day of
: i15i De [.a Crlz lvd.
Santa
(Attacb Notary Acktrowledgment)
(Attsch Notary Acknowledgment)
466r"ar. 175 Berkcley Streer Boston. \IA 07ll2
Charles \,1. G
By
By
Surety p-.,". Liberry N{urual Insurancc Company
B
in Fact
By:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189
A notary public orother officer completing this certificate verilies onlythe identityofthe individualwho signed the document to which this certificate is attached, and not the truthlulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On September 6. 2023 before me, Ehzabeth inez. Notarv Public Dote Here lnsert Ndme ond Title of the Officer
Lawrence Enfantinopersonally appeared Eu
Nome(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct-
WITNESS my hand and official seal.
,t
@.,,;#$rffi,;,.
Signature Es- -t"-{,-.L{'l o-&-"..-
Ploce Notory Seol ond/or Stomp Above ure of Notory Public \
OPTIONAL
Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: NumberofPages:_
Signe(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Siqner's Name:
o Corporate Officer - Title(s)
o Partner - tr Limited El General
El lndividual trl Attorney in Fact
trl Trustee El Guardian or Conservator
Signer's Name:
tr Corporate Officer - Title(s):
tr Partner - tr Limited tr General
tr lndividual o Attorney in Fact
Et Trustee tr Guardian or Conservator
El Other:E Other:
02019 National Notary Association
)
I
I
Signer is Representing:
-
Signer is Representing:
----_-
CALIFIORIIUI ALL-PUBPOSE AGKIIOWLEDG E]IT curL coDE s 1189 A notary publlc or oths officsr comploling this ctrtificato vsliflG onv the id€fltily of th6 individualwho slgned ths docufiBnt to whichthh c€rlificate is attach€d, and not thotrdFfuln€ss, a@uacy, or lidity of that daurFnt.
State of California
County
On
of Santa Clara
SEPO1MN before me, Vincent M. Scolari, Notary Public
fle,e lnsed Name and Title of the Officer
Charles M. Griswold
Name(s) of SigtE4s)
who proved to me on the basis of satisfactory er,/idence to be the person(s) whose name(s) iyare subscrib€d to the within instrument and acknowledged to me that her'shenhey ex€cuted the same in his/her/their authorized capaciMes), and that by hivtrernheir signaturqs) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, ex€cuted the instrurnent.
I certiry under PENALTY OF PERJURY unde+ the laws
of the State of California that the foregoing paragraph is fue and conect.
WTINESS my hand and official seal
)
)
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vtxcENt r. scouRl
Hot!ry Publlc. C.lifornl.
santa Clara County
Colnmi!5ion r 2350829
I Signature
lly Comm. Erpires Jul9, 2025 of Notaty FTtblic
Plae Notary Seal Abve
OPf,o.NAL
Though this section is optiond, compleing this information can deter alteration of the document ot faudubnt rcattadtmqt of this {om lo an unintended document.
Deecriptbn of Attached Documenl
Title or Type of Document: Document Date:
Number of Pages: _ Signe(s) Other Than Named Above:
Capacily(iesl Claimed by Signe(s)
Signer's Name:
D Corporate Officor - Title(s):
fl Partner - tr Limited ! General
D lndividual D Attorney in Fact
flTrust€e tr Guardian or Conservator
fj Other:
Signer ls Representing:
@2014 Natbnal Notary Association . www.NationalNotary.oq . 1-80GUS NOTAFY 0-800-876-6824 ttem fS907 Date
personally appeared
Signer's Name: _
tr Partner - tl Limited ! General
tr lndividual ! Attorney in Fact
tr Trustee ! Guerdian or Conservator
I Other: _
Signer ls Representing:
Bond #070220055
Prcmium: lncluded in performancc bonc
PAYIV1ENT BOND
(LABOR AND MATERIAL BOND)
(To be con plered ond sabmirled afret proJecl awa )
KNOW ALL MEN BY IIIESE PRESENT, that WHEREAS, the City Council of the City of Salinas, Monterey County, State of Califomi4 by Resolution No. )?71\ pass€d AuP,ust 22 . 20 23 , has been awarded to
-,-(N.c.s.)
_ hereinafler designated as
"Principal," a Contract for constructing
EMERGENCY CITY HALL HVAC SYSTEM REPI,ACEMDNT
WIIEREAS, said Principal is required to fumish a bond in connection and with said Conlracl, provided that if said Principal or any of hiVher or ils Subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or aboul the performance for the work Contracled to be done for any work or labor done thereon ofany kind, the Surety of this bond will pay the same to the extend hereinsfter sel forlh;
WHEREAS, said Principal is required under the lerms ofsaid Conlracl to fumish a Bond for the faithful Now, therefore, We, the Principal and Liberry Mutual lnsurance Com Surety, are held and firmly bounded to the City of Salinas, Monterey County, Califomia, in the penal sum two hundred seventy-one thousand, one hundred sixty-six dollars and forty centsof (S 271. 66.40 ) Dollars, lawful money of the United States, being not less lhan lU% of the estimated Conracl cost ofth€ work, forthe paymenl of which sum well and lruly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by lhese presents.
THE CONDITION OF THIS OBLIGAI lON IS SUCII, that if said Principal, or any of hister heirs. executors, administrators, successors, or assigns shall fail to pay for any malerials, provisions, provender. or other supplies or teams used in, upon, for, or about the performance ofthe work Contracted to be done. or for any work or labor thereon of any respect to such work or labor, as required by the provisions of Division 2. Part l. Chapter 5 ofthe Public Contracts Code ofthe State ofCaliforniq and provided Uat the persons, companies, or other supplies, teams, appliances, or power used in, upon, for, or about the performance ofthe work contracted to be executed or pcrformed, or any person, company, or corporation renting or hiring teams, implements, or machinery ofpower for or contributing lo said work to be done, or any person who performs work or labor upon same, or any person who supplies both work and materials therefore, shall have complied wi$ the Provisions ofsaid Government Code, then said Surety will pay thc same in or to an amounl not exceeding the amount hereinabove set forth, and also will pay in case suit is Environmente!.9lqE4{I9:_
PAYMENT BOND (I.ABOR AND MATERIAI. BOND) - cont.
brought upon this bond, such reasonable attomey's fee as shall be fixed by the court, awarded and taxed as in the above-mentioned Code Provided.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under said Governmenl Code so as to give a righl to action to them or their assigns in any suil brought upon this tond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, to the work to be pedormed thereunder, or the Specificalions accompanying the sam€ shall in anyway aflect its obligations ofthis bond, and it does hereby waive notice of any such change, extension of time, aheration, or addilion to the terms ofthe Contract, to the worlq or lo the Specifications.
lN WITNESS WHERIiOF, the above bond parties have executed this instrumenl under lheir seals this lst day of September ,20_23 , the name and
corporate seal ofeach corporate party being hereto affixed and these presents duly signed by its undersigned representatiye; pursuant to authority of its goveming body.
Principal Name Environmental Sys Inc
(Attach Notary Acknowledgment) By
By
Surefy Name
(Slina.@ i, b&t. t t)
Mutual Insurance Company
466r"rr. 175 Berkelcy Strect Boston, MA 07ll2
(Attsch Notsry Acknowledgm€nt) By
Charles \4. G
tslPnaatE id bl!!. lntt
risu'old Attornev in Facr
By
(SisNtu.e ia blu. i,t)
Address: 3353 De La Cruz BIYd.
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE g 1189
EUZASAH flAf,Nia
otary Publk . Glifornii
Sant6 Clara County
Conmilrioh r 2l25946
A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On Septe mber 6. 2021 before me, F.lizaheth lr..,ln nez- Notarv Prrhlic Dote Here /nsert Nome ond Title of the Officer
personallyappeared EugeneLawrenceEnfantino
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
)
E
{y Comm. Erpire. Apr 29, m21
Signature
Ploce Notory Seol and/or Stomp Above noture of Notory Public
OPTIONAL
Completing this informotion con deter olterotion of the document or froudulent reottochment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name Sioner's Name
trl Corporate Officer * Title(s)
+L.--4..-Lwro-g
D Partner - o Limited El General
tr lndividual o Attorney in Fact
D Trustee tr Guardian or Conservator
u Other:
02O19 National Notary Association
EJ Corporate Officer - Title(s): _
tr Partner - D Limited o Gene[i---
tr lndividual tr Attorney in Fact
D Trustee D Guardian or Conservator
D Other:
--
Signer is Representing: _ Signer is Representing:
---
On
CALIFOFNIA ALL.PURPOSE ACKI{OWLEDG EIIT crvtL coDE s 1189 A notary publlc or dh6r officsr conpletirg this cstlficate v6rlfl6 only the idontily of th€ indtuidual who slln€d tho docurner to whieh this certifbate is attach€d, and not tho truth{ulnsss, accuracy, or validity of that docufiEnt.
County of Santa Clara
sEP 0 1 20n before me, Vincent M. Scolari, Notary Public Date
personally appeared
lbrc lnsed Name and fitle of the Officer
who proved to me on the basis of satisfaclory a,/idence to be the peEon(s) whose namqs) iyare subscribed to the within instrument and acknowledged to me that her'sh€/they eyecuted the same in his/her/their authorized capacity(es), and that by his/her/thdr signaturds) on the instrument the person(s), or the entity upon behalf of which the porson(g) act€d, executed the instrurnent.
I cediry under PENALTY OF PERJURY under the laws
of the State of Galifornia that the foregoing paragraph is true and conect.
WfNESS my hand and official seal
vlxcExT a. !c0LARt
Notarv Publi(. C.llfornir
sa;t! Clara County
Cornmi$ion r 2l60629
lly Comm. Expir.i lul 9, 2025
Signature
SignaturP. ot Notary Public
Pla@ Notary Seal Abve
OPNONAL
Though this section is optiona!, comdeting this infonnation can detet altention of the document ot fftudulent ,eattachmdtt of this fom to an uninlended document.
Oe3criptbn ot Attachod Documenl
Title or Type of Document: Document Date:
Number of Pages:
-
Signe(s) Other Than Named Above:
Gapacity(iesl Claimed by Signe(s,
Signer's Name: Signer's Name:
! Corporat€ Offic€r - Titlo(s): ! Gorporate Officer - Title(s):
Charles M. Griswold
, ,
trPartner - trLimiH D General
! lndividual ! Attorne/ in Fact
! Trwtee tr Guardian or Conservator
! Other:
Signer ls Representing:
&
@014 National Notary Association . www.NationalNotary.org . 1-8@-US NOTARY (1-800-876-6827) ltem #SS7 State of Califomia )
)
Name(s) of Signe(s)
tr Partner - D Limited ! General
! lndividual ! Attomey in Fact
! Trustee f] Guadian or Conservator
n Other:
-
Signer ls Representing:
Libertv
Mutuil"
This Pofler of Atorney limils the 8c16 of thGe named herein, and they have no authoity to bind the Company erceB in the mannerand to the ertent herein Btated.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
Certf cale No 81 96862-971768
SU RETY
KNOWN ALL PERSoNS 8Y THESE PRESENTS: That The Ohio Casualty lnsurance Company is a coeoralion duly orgsnized under the laws of the State of Nes Hampshire, tiat Bachan, Charles M Gris!,vold. wendy R. Pastora, Y€senia Rivera, Vincenl M. Scolari, Patnoia K Srmicich all of he city ol __________..lE4Jg!9_ stals ol_______jllltjttr!_ 6ach individually if herc be more han one named, its true and lawtul attomey-in-fa6.t to make, of hese pros€ob and shall be 6 Unding upoi he Co.npani€s as if th€y have been duly sEned by tE presid€nl and attested by he s€cretary of lhe Companies in fteir orn p.op€r persons.
N IYfrNESS WHEREOF, his Po er ol Morney has been subscribed by an auhorized omcor o. offcial of he Cqnpanies and lhe corporate seab of he Cofipanies have b€en affixed herdo t s 18$ dayot September , 2018
Uberty Mufual lnsurance Company
fhe ohio Casualty lnsurance Coanpany
West Ameocan lnsurance Co.npany
By
David M. Carey, Assistanl Secretary
State ot PENNSYLVANIA ..
Cdrnv of MoNTGOMERY "
On his I 8rh day of Sepremb€r , :19.!!_ beforo me pelsonally appeared oavid M. Carey, who 8c*no/l€dged hims€ll lo be he Assislant Sec,ehry o, Lib€.ty Mutual lnslrance therein contained by signing on behaf of the corpoalions by himself as I duly aubotized offcer. lN Wff[ESS WHEREOF, I have hereunh sub6{nbed my name and alir6d my nolanal soal at King ol Prussia, P€hnsylvania, o.l he day and year first above written.
By /-fr/L
elesa Nolary Public
Md$.r Pddybri Asr.dd ol Ndii€
lnsuran@ Company, and Wsst Anerican lnslranc€ Co{hpany whidl resofulions are nox in full fo(ce and 6flect rcading as followsl ARTICLE lV - OFFICERS: kjon i 2. Po$,or of Attorney
Any offcer or other offcial of the Co.poralion auho.ized for lhat purpooe in w,iting by the Chairman or he President, and subject to such limilaton as the Chairman or the have full por/er lo bind the Corporation by heir signature and oxsdlion of any such instruments and lo att€dr hereto he s6al of the Co.poration. vvhen so exeqrled, such p,ovisions ol ftis adidg may be rcvoked at any time by he Board, he Chainnan, he Pr6ident or by he officer o. offcers granting sudr power o, auhority.
ARTICLE Xlll - tuecution ot Conlraclsi Seclion 5. Surev Bonds and LJndertakings. shall app(int suci atiome).s.in-fud, 6 may be necessary to ad in behalf ol he Company to make, exeq,le. seal, acknorledge and deliver as surety any and all undertakings, Company by har sEnature and exeqllion ol a0y such instrumenb and to atbdt hereto he soal of he Company. ltten so gxodled sudr insfumonb shall be as linding as if sEn6d by he president and attested by he so.telary.
obligatons.
he same force and efiect as hough manually aftred.
has nol been revoked.
lN TESIIMONY WHEREOF, I have herounto s€l my hand and affxed ho se€ls of said Companies his I sr day of Septemb€r , 2021 . 1912 1919 'r99r
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By
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EGE[VE
sEP I I 2023R
DEPARTMENT OF
PUBLIC WORKS