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Contract - Schuler Constructors, Inc. - 2015-09-14 #312 Aviemore TerraceNalley Pumps, Piping, 8 Valve Replacement CONTRACT 15-103 (Public Works $30,000 - $125,000) THIS AGREEMENT is made and entered into this 14th day of September 2015 by and between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT," and Schuler Constructors Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: 1. Scope of the Work. That CONTRACTOR shall perform all the work and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for remodeling the Aviemore/Valley sewer pump station as described in Exhibit A, Request for Proposals, dated August 14, 2015, attached hereto and incorporated herein by this reference. 2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with ALL REQUIREMENTS AS DESCRIBED IN Attachment B, CONTRACTOR'S proposal, attached hereto and incorporated herein by this reference, and CONTRACTOR agrees to do everything required by this Contract, the plans and specifications, and any general conditions, if applicable. All labor, materials, tools, equipment and services shall be furnished on work performed, and under the direction, administration, and subject to the approval of DISTRICT or its authorized representatives. 3. Term. The term of this Contract/Agreement shall commence on an agreed start date between DISTRICT and CONTRACTOR and shall be completed within 20 working days as specified in Attachment A entitled Request for Proposals. 4. Time of the Essence. This provision does not apply to this contract. 5. Delay Damages. This provision does not apply to this contract. 6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done the sum of: Sixty Seven Thousand Three Hundred Thirty One Dollars ($67,331.00). 7. Progress Payments. This provision does not apply to this Contract. 8. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code section 20104.50. Contract-Public Works Page 2 9. Retention Securities. This provision does not apply to this Contract. Should progress payments be desired, DISTRICT may retain 5% of the progress payment unless CONTRACTOR establishes an escrow account. 10. Federal Participation. This provision does not apply to this contract. 11. Compliance with the Davis-Bacon Act. This provision does not apply to this contract. 12. Prevailing Wage Rates/DIR Registration. DISTRICT has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and the same has been placed on file with the District Clerk. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and 1773.8 of the Labor Code of the State of California. All contractors and subcontractors working on this job shall be registered with the Department of Industrial Relations using online Form 100. 13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209]. 14. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity", and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60). 15. Payroll Records. The provisions of Section 1776 of the Labor Code of the State of California regarding the preparation, maintenance, and filing of payroll records are applicable to this Contract. No contractor or subcontractor shall be awarded a contract for a public work unless registered with the Department of Industrial Relations in accordance with Labor Code Section 1725.5. Specifically, each CONTRACTOR and subcontractor shall keep an accurate electronic payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, or worker employed by him in connection with the public work. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR'S PAYROLL RECORDS. 16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to fifty dollars ($50.00) for each calendar day or portion thereof for each workman paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work Contract-Public Works Page 3 provided for in this contract, all in accordance with Section 1775 of the Labor Code of the State of California. 17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR. 18. Legal Day's Work. In the performance of this Contract, not more than eight (8) hours shall constitute a days work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815 above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of twenty five dollars ($25.00)for each workman employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said article. 19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100 et. seq.)and that he agrees to comply with all applicable provisions thereof. If any part of the work to be done under this contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with Contract. Upon request, certified copies of any or all subcontracts shall be furnished the DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the DISTRICT may: cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract involved, or cancel the contract and assess the penalty. All persons engaged in the work, including subcontractors, will be considered as employees of the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 20. Workers' Compensation. CONTRACTOR shall carry Workers' Compensation Insurance and require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which require 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 commencing the performance of the work of this Contract." Contract-Public Works Page 5 A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this Contract, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money that may be due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this Contract, (ii) by reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT'S prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this Contract, and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total Contract price less payments previously made and less the Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to DISTRICT all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this Contract. 27. CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by DISTRICT for purposes of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said Contract, specifications, and plans. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Paragraph 28 of this Contract. Contract-Public Works Page 4 21. Drup-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 C.F.R. part 24, sub-part F. Under 24 C.F.R. part 24, sub-part F., the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by: (a). Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, or possession or use of a controlled substance is prohibited in the workplace and specifying the action it will take against employees for violation of such prohibition; (b). Establish an ongoing drug-free awareness program to inform employees about- 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c). Making it a requirement that every employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d). Notifying employees in the statement required by paragraph (a) that as a condition of employment under the Contract the employee will - 1. Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f). Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted - 1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (g). Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 22. Bonds. CONTRACTOR shall be required to post a labor and materials bond and a faithful performance bond each in the amount of 100% of the contract sum. 23. CONTRACTOR'S Affidavit. This provision does not apply to this Contract. 24. CONTRACTOR'S Waiver. This provision does not apply to this Contract. 25. Notice to Proceed. No work shall begin until all bonds and insurance is on file and the Contract executed, at which time a Notice to Proceed will be given. 26. Termination. 28. Damages/Extra Work Compensation. No claim for extra work or expense shall be payable unless brought to the DISTRICT's attention as soon as possible so the situation can be observed or documented. 29. Other Documents Included. This provision does not apply to this Contract. 30. Interpretation. In the event of any conflict, inconsistency, or incongruity between the provisions of this contract and the provisions of any other document or amendments thereto, the provisions of this Contract shall control in all respects. 31. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall not be entitled to reasonable attorney's fees, but each shall bear their own attorneys fees, costs, and expenses. If any action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled to reasonable attorney's fees, costs, and necessary disbursements and shall be entitled if District files an interpleader. 32. Additional Costs. CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to the expenses of administration and legal services required to be expended by the DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to offset any such costs and expenses incurred by DISTRICT against any sums owing to CONTRACTOR under the agreement. 33. Insurance. CONTRACTOR shall provide proof of commercial general liability and workers' compensation insurance before starting the job as described in Exhibit C, attached hereto. 34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the DISTRICT, except for liability attributable to the DISTRICT's active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Agreement in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth herein. To the full extent permitted by law and excepting only the active negligence of DISTRICT, established by a court of competent jurisdiction or written agreement between the parties, CONTRACTOR shall defend, indemnify, and hold harmless DISTRICT, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including expert witness fees, and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of the Contract. All obligations under this provision are to be paid by CONTRACTOR as incurred by DISTRICT. Without affecting the rights of DISTRICT under any provision of this Contract or this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICT's active negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction. The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth herein from each and every subcontractor, sub-tier contractor, or any other person or entity involved by, for, with, or on behalf of CONTRACTOR in the performance of subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required herein, CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 35. Permits. The CONTRACTOR shall obtain from DISTRICT, County, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 36. Assignment. No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety_ 37. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 39. Notices. The parties hereto agree that all formal notices required by this Agreement may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT: Costa Mesa Sanitary District 628 E. 29th Street Costa Mesa, CA 92627 CONTRACTOR: Schuler Constructors Inc. 564 Bateman Circle Corona, CA 92880-2011 LOCAL CONTACT: Brian Sohl, President 40. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. 41. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to DISTRICTS employees, agents or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 42. Conflict of Interest. Contractor warrants that he has no blood or marriage relationship, and that he is not in any way associated with any architect, engineer or other preparer of the plans and specifications for this project. 43. Copeland "Anti-Kickback" Act. If applicable to this contract, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each Contractor shall be prohibited from including, by any means, any person employed in the construction, completion or repair of any public work, to give up any part of the compensation to which he is otherwise entitled. 44. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement and Release of All Claims should DISTRICT desire such a final closeout agreement. 45. Guarantees. A- Work; CONTRACTOR shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the DISTRICT and shall repair and replace any and all such Work, together with any other Work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. B. Materials; CONTRACTOR shalt and hereby does guarantee all Materials for a lifetime after the date of acceptance of the Materials by the DISTRICT and shall repair and replace any and all such Materials, together with any other materials which may be displaced in so doing that may prove defective during the lifetime of the Materials, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefore immediately on demand. 47. Job Progress. CONTRACTOR shall provide DISTRICT with a critical path progress report at least monthly. 48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et seq. (Article 1.5- Resolution of Construction Claims)shall be followed. 49. Notice to Contractor of Claims. DISTRICT shall provide notice to Contractor upon receipt of any third-party claim related to the contract. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year first above written. ATTEST: COSTA MESA SANITARY DISTRICT % Py•, , v. i t- i " _et ler of a iistrjct" 'warScott Carroll, General Manager APPROVED AS TO FORM: CONTRACTOR V`r�""'✓� �" Name: Schuler Constructors Inc. District Counsel Address: 564 Bateman Circle / Corona, CA 92880-2011 Bri Sohl, naPresident ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 09/24/2015 before me, Alexiz Adriana Ramos Rivera / Notary (insert name and title of the officer) personally appeared Brian Davis Sohl who proved to me on the basis of satisfactory evidence to be the person04-whose namefis7 subscribed to the within instrument and acknowledged to me thatgshe/they executed the same in f/her/tYeir authorized capacityO, and that by rr hor/their signaturef4sn the instrument the person( , or the entity upon behalf of which the person( 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. .,.' Signaturen,s A_ (Seal) HCC Amerman Contractors na C in6e�IDeo, Suitor Losnnm L' �„ n)tO6n909Po locomen 310 649 006 Bond No. 1000956536 Premium: $ N/A Public Works—Performance Executed in Triplicate KNOW ALL MEN BY THESE PRESENTS,That we, Schuler Constructors Inc. , as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California,and authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto Costa Mesa Sanitary District , as Obligee, in the sum of sixty seven thousand three hundred thirty one&001100 Dollars ($ 67,331.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above-bounden Principal has entered into a contract dated Lj(i4/1.S with said Obligee to do and perform the following work, to wit: #312 Aviemore Terrace/Valley Pumps.Piping,&Valve Replacement,Contract 15-103 NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or cause to be performed, "the works under the contract,"then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this 22 day of September , 2015 Schuler Constructors Inc. AMERICAN CONTRACTORS INDEMNITY COMPANY Principal Byu`'"'G� < i Q7 'A.t . 1)- 5cin1 ,, Pc,i;:je;AS Scott Salandi, Attorney-in-Fact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 09/24/2015 before me, Alexin Adriana Ramos Rivera / Notary (insert name and title of the officer) personally appeared Brian Davis Sohl who proved to me on the basis of satisfactory evidence to be the person(Cwhose namgpar4s$ay( subscribed to the within instrument and acknowledged to me thattt alshc/thcy executed the same in 631f _r authorized capacity(ieM' and that byChisTherkh�ir signatureiton the instrument the person or the entity upon behalf of which the person(,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. ` aa«aaa Aanc, r :; Signature ' (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On September 22, 2015 before me, Lauren Emily Bierman, A Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aMx subscribed to the within instrument and acknowledged to me that he/sheklcsy executed the same in his/heM.thek authorized capacity(ies), and that by his/he7/Rhek 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. a°"w, LAUREN EMILY BIERMAN "' p COMM.Mft 2097240 A NOTAR/PURCOUNOMIA p K ' •A• ORANGE COUNTY• N Signature` IIIAAity "AA) (Seal) MY COMM.EXP.JAN 15,M79 N" �///1, ATETICa HCC WIS.SaO Contractors Indemnity dparlsAnge losany Angeles.GlOmnl.43.1„ mein 310 ;.na�nte31464904h Bond No. 1000956536 Premium: $ N/A Public Works—Payment Executed in Triplicate KNOW ALL MEN BY THESE PRESENTS, That we, Schuler Constructors Inc. as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY, a Corporation organized and existing under the laws of the State of California, and authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto Costa Mesa Sanitary District , as Obligee, in the sum of sixty seven thousand three hundred thirty one&00/100 Dollars ($ 67,33100 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS,the above-bounden Principal has entered into a contract dated 9/ with said Obligee to do and perform the following work, to wit: #312 Aviemore Terrace/Valley Pumps,Piping,&Valve Replacement,Contract 15-103 NOW,THEREFORE, if the above-bounden Principal shall faithfully pay all laborers,mechanics, subcontractors, materialmen and all persons who shall supply such person or persons,or subcontractors,with materials and supplies for the carrying on of such work,then this bond shall be null and void;otherwise it shall remain in ful force and effect. Signed, sealed and dated this 22 day of September 2015 Schuler Constructors Inc. AMERICAN CONTRACTORS INDEMNITY COMPANY Principal 1 By /�z � �A•- James mesScott Satandi- Attorney-in-Pact ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 09/24/2015 before me, Alexiz Adriana Ramos Rivera / Notary (insert name and title of the officer) personally appeared Brian Davis Sohl who proved to me on the basis of satisfactory evidence to be the persori��,7ltwhose name�{SXisia subscribed to the within instrument and acknowledged to me that(hWsh.,Mh ,y executed the same in (bis/heir authorized capacity( and that by hr� signature on the instrument the person(% oc the entity upon behalf of which the perso cted, 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. a Signature [' (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On September 22, 2015 before me, Lauren Emily Bierman, A Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact 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/stffttaey executed the same in his/Sex/their authorized capacity(ies), and that by his/Nex/Ake*signature(%) 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 o ,,, MAURENEMNYBIERMAN TA% COMM.*2097240 F °y r'Y ORANGE COUNTY Signature 1M}A 1 /Vv" ' (Seal) ) a .. . MY COMM.E%P.JAN 1b,70111 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company,a Texas corporation(collectively, the"Companies"), do by these presents make, constitute and appoint: James Scott Salandi,David S.Jacobson or Leonard Ziminsky of Irvine,California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed """""Three Million***** Dollars ($ "3,000,000.00" ). This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be is Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(sl-in-Fact to represent and act for and on behalf of the Company subject to the following prorrsmns. Anomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be sr Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undenaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this I st day of December,2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY 4.1Fd ioRfi k" 0e d f, o _1L - y s . Daniel P.Aguilar,Vice President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califomia County of Los Angeles SS: On this I st day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person 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. .,, MAG. -WORD " CommissionRIA 02019RODRIGUE2771 Signature ( (Seal) a Notary public California vil los Angeles County M mo.hen Dec 20,2017 I,Michael Chalekson,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney arc in full force and effect In ^ W Tness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this�'Z day of �e. kmlP.l RAS. Corporate Sealsdr N ] ZI/YiL� c1L �. _ Bond No.1M�.w'3(0 _ Michael Chalekson,Assistant Secretary .sa Agency No. 17514 w„�Y.;E,.,, � ,.....,.,, oFi . VERIFY YOUR BOND—MODEL INQUIRY Bond Authenticity Inquiry To:Name and Address of Surety: American Contractors Indemnity Company This bond or bonds described below have been presented to us.Please acknowledge that hese bonds have been provided by your company. A copy of the bond(s)may be submitted in lieu of providing the information marked with an asterisk(') *Bond Number(if any): 100095636 `Name and Address of Principal on the Bond(If Principal is a Joint Venture,include Name of all Parties): Schuler Constructors Inc. *Name and Address of Obligee: Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 •Amount of Performance Bond: $67,331.00 •Amount of Payment Bond: $67,331.00 *Date Bond Executed: September 22, 2015 •Name of Person Signing Bond for Surety: James Scott Salandl *Brief Description of the Project: #312 Ademore TerraceNalley Pumps,Piping,&Valve Replacement Please Send Confirmation to Name and Addrass: Dyana Bojarski, Management Analyst Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92827 Validity Confirmed: Company Name: �5 American Contractors Indemnity Company Signed By Kent T.Roberts,Vice President-Contract Bond Underwriting Kent T. Roberts, Vice President-Contract Bond Underwriting (Print or Type Name) �S'SANII�gr COSTA giL1S.A SAWITAKYDisTgucrt "s . .A. .an Independent Specia(cDistrict 4PORAri/ Memorandum To: Contractors From: Anna Sanchez, Administrative Service Manager Date: July 17, 2012 Subject: District Insurance Requirements Minimum Scope of Insurance Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability $1,000,000 per accident for bodily injury and property damage Workers' Compensation and Employer's Liability Workers' Compensation limits as required by the Labor Code of the State of California Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. Insurance Endorsements The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the Costa Mesa Sanitary District to add the following provisions to the insurance policies: Protecting our community's heak6 6y providing soluf'waste and sewer collection services crosdca.gov District Insurance Requirements Page 2 (A) General Liability. The general liability policy shall be endorsed to state that: (1) the Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers shall be covered as additional Insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultants insurance and shall not be called upon to contribute with it in any way. (B) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Costa Mesa Sanitary District, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (C) All Coverage. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Costa Mesa Sanitary District; and (B) any failure to comply with reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to the Costa Mesa Sanitary District, its directors, official, officers, employees, agents and volunteers. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating no less than A- :VIII, licensed to do business in California, and satisfactory to the Costa Mesa Sanitary District. All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any Agreement with the Costa Mesa Sanitary District.