Agreement - Schuler Contractors - 2020-12-15AGREEMENT
#333 Mesa Drive Bridge Air Release Valve Removal
This Agreement (hereinafter referred to as `AGREEMENT") is made and entered into this
15th day of December, 2020, by and between the COSTA MESA SANITARY DISTRICT,
hereinafter referred to as "DISTRICT," and SCHULER CONSTRUCTORS, 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:
SCOPE OF WORK AND CONTRACT SUM
Scope of Work. CONTRACTOR shall perform all the work and shall provide and furnish
all labor, materials, tools, expendable equipment, and utility and transportation services required
to construct the #333 Mesa Drive Bridge Air Release Valve Removal, dated 11 / 6/20
(hereinafter referred to as "PROJECT"). This project has been registered with the Department of
Industrial Relations using form PWC-100 pursuant to Labor Code section 1773.3.
I. Labor and Materials. All of said work to be performed and materials to be
furnished shall be in strict accordance with the plans and specifications entitled #333 Mesa Drive
Bridge Air Release Valve Removal, and CONTRACTOR agrees to do everything required by
this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS.
All labor, materials, tools, equipment, and services shall be performed under the direction
and administration of, and subject to the approval of, DISTRICT or its authorized representatives.
2. 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 $99,777.00.
NOTICE TO PROCEED AND TIMING
3. Notice to Proceed. No work, services, material, or equipment shall be performed
or furnished under this AGREEMENT unless and until a "Notice to Proceed" has been given to
CONTRACTOR by DISTRICT and all bonds and certificates of insurance required pursuant
hereto have been furnished to and approved by DISTRICT.
4. Time of Completion. CONTRACTOR agrees to commence the work to be
performed under this AGREEMENT on the start of the construction date specified in the "Notice
To Proceed" and to diligently prosecute the work to completion by the completion date specified
in the Notice to Proceed, which the parties agree is sixty (60) WORKING DAYS.
5. Time of the Essence. Time is of the essence of this AGREEMENT.
6. Liquidated Damages/Additional Actual Damages. It is agreed by the parties
hereto that, in case the total work called for hereunder in all parts and requirements is not finished
or completed within the number of working days as set forth herein, damage will be sustained by
the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and
HGSD 2016 CIP A-1 Agreement
determine the actual damage which the DISTRICT will sustain in the event of and by reason of
such delay. It is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of one
thousand Dollars ($ 1,000.00) per working day for each and every day of delay in finishing the
work in excess of the number of days prescribed in Section 4, and the CONTRACTOR agrees to
pay said liquidated damages herein provided for and further agrees that the DISTRICT may
deduct the amount thereof from any monies due or that may become due the CONTRACTOR
hereunder. Liquidated damages shall be a measurement of the sum to compensate the public
for inconvenience from not having the work completed on time and the cost of DISTRICT staff to
monitor the job beyond the completion date. DISTRICT shall further be entitled to recover its
additional actual damages incurred which shall be supplemental to the liquidated damages.
Provided strict compliance with Section 21 below is effected, the CONTRACTOR will be
granted an extension of time and will not be assessed with liquidated damages for any portion of
the delay in completion of the work beyond the time named herein due to unforeseeable causes
beyond the control and without the fault or negligence of the CONTRACTOR, including, but not
restricted to, acts of Cod or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strike, and unsuitable weather, or delays of subcontractors due to such causes.
JOB PROGRESS AND COOPERATION
7. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis
throughout the project. CONTRACTOR agrees to meet with DISTRICT's PROJECT MANAGER
or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job
progress. "PROJECT MANAGER" for purposes of this AGREEMENT shall be the District
Engineer or such designee as has been given the authority for this PROJECT in a written
designation. CONTRACTOR agrees to provide DISTRICT with critical path analysis
documentation whenever job progress is impacted so that the completion date may be affected
or whenever delays or other impacts may give rise to CONTRACTOR's claim for additional days
or additional damages. Delay and other claims of damages based on CONTRACTOR's planned
early completion are prohibited.
a. Cooperation. CONTRACTOR agrees to cooperate with DISTRICT's PROJECT
MANAGER or designee and to provide submittals and participate in meetings in a good faith effort
to complete the PROJECT. If disagreements arise, CONTRACTOR agrees to document the
disagreement in accordance with these AGREEMENT provisions and provide DISTRICT with
early notice of the same for later resolution but shall continue to cooperate and prosecute the
work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR's strict
compliance with Section 21 if additional time or money is sought.
The DISTRICT's staff will assist CONTRACTOR with access to and shutting down pump stations
as needed and directing CONTRACTOR to the best locations to discharge tanker trucks.
9. CONTRACTOR's Independent Investigation.
(a) 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
AGREEMENT, 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 AGREEMENT 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
HGSD 2016 CIP A-2 Agreement
AGREEMENT. opeoifioatione, and p|ans, nor will such reasons be accepted as e basis for any
claims whatsoever for extra compensation or for an extension of time except as provided in
Section 21ofthis AGREEMENT.
(b) Except as specifically provided in the CONTRACT DOCUMENTS, information
provided for purposes of bidding do not represent "conditions indicated" as being in existence and
are provided for the convenience of the CONTRACTOR in making its own investigation.
LABOR, WAGE, AND HOURS LAWS
10. Public Work. Notice haprovided pursuant toLabor Code Section 1781that this ka
a "public work" as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section
1771epp|iem. CONTRACTOR shall pay prevailing wages, unless exempt.
11. Contractor and all subcontractors are
registered with the Department ofIndustrial Relations pursuant to Labor Code Section 1725.5
and paid its annual fee.
12. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2' copies of the
prevailing rate ofper them wages can be found at
and are on fi|a at the D|8TR|CT, which ahoU be made available to any interested party upon
request. CONTRACTOR ehoU post a copy of the determination of the director of the prevailing
rate ofper them wages ateach job site. Said per them wages are deemed toinclude employer
payments for health and welfare. pension, vacation and travel time, and subsistence pay. all in
accordance with Section 1778.1 of the Labor Code.
13. Payroll Records/ Electronic Records.
(a) The provisions ofSection 1776 of the Labor Code regarding the preparation,
maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor
and subcontractor shall keep accurate payroll records showing the name, address, social security
nunnbmr, work dmsaifioaUon, straight time and overtime hours worked each day and vvemk, and
the actual per them wages paid to each 'ourneyrnan, apprentice, worker, orother employee
employed byhim orher |nconnection with the public work. Certified payroll records shall beon
forms provided by the Division of Labor Standards Enforcement orcontain the same information.
THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE
SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE
F(E8pC>N8|BLE FOR SUBMITTAL OF SUBCONTRACTOR'S PAYROLL RECORDS.
Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to
receipt ofawritten notice requesting the maoonjs enumerated in Section 1776. subdivision (a)' of
the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-
day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for
each calendar day, or portion thereof, for each vvorkar, until strict compliance is effectuated.
DISTRICT may deduct this penalty from any monies due or that may become due CONTRACTOR
under this AGREEMENT.
(b) Contractor shall submit electronic payment records tothe Department ofIndustrial
Relations.
14. Penaltv. CONTRACTORand any subcontractor under CONTRACTOR shall, em
a penalty to DISTRICT, forfeit not more than Two Hundred Dollars ($200.00) for each calendar
HG8D2O18CUz A-3 Agreement
day, or portion thereof, for each worker paid (either by CONTRACTOR or any subcontractor under
CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this
AGREEMENT. DISTRICT may deduct the penalty from any monies due or that may become due
CONTRACTOR under this AGREEMENT. The difference between the prevailing wage rates and
the amount paid to each worker for each calendar day, or portion thereof, for which each worker
was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR
or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California.
15. 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.
16. Legal Day's Work. In the performance of this AGREEMENT, not more than eight
(8) hours shall constitute a day's 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. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections
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 worker
employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for
each calendar day during which any worker is required or permitted to labor more than eight (8)
hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said
article. DISTRICT may deduct this penalty from any sums owed pursuant to this AGREEMENT.
PROGRESS PAYMENTS AND RETENTION
18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the
fifteenth (15th) day of the month next following the commencement of the work, there shall be
paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work
completed since the commencement of the work as determined by DISTRICT and thereafter prior
to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR
shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of
the value of the work completed since the commencement of the work as determined by
DISTRICT, less all previous payments and authorized deductions, provided that CONTRACTOR
submits his request for payment prior to the last Wednesday of each preceding month. Pursuant
to Public Contract Code 7107, DISTRICT shall make the final payment, if unencumbered, or any
part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding
the foregoing, CONTRACTOR shall provide DISTRICT with all documentation required by this
AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any
other documents required by the CONTRACT DOCUMENTS such as as-builts, red -line plans,
manufacturers and specific guarantees, and owner's manuals prior to receiving final payment.
Payments shall be made on demands drawn in the manner required by law, accompanied by a
certificate signed by the Project Manager, stating that the work for which payment is demanded
has been performed in accordance with the terms of the AGREEMENT, and that the amount
stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the
AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing
herein shall limit DISTRICT's right to withhold one hundred fifty percent (150%) of disputed
amounts in the event of a good faith dispute.
19. Prompt Payments. DISTRICT agrees to promptly make progress payments on
undisputed and properly submitted payment requests within thirty (30) days and to comply with
HGSD 2016 CIP A-4 Agreement
the provisions ofPublic Contract Code Section 2O1O4.SD.
20. Retention Securities. Pursuant to California Public Contract Coda Section
22300. CONTRACTOR will be entitled to post approved securities with the DISTRICT oran
approved financial institution in order to have the DISTRICT ns|mgmm funds retained by the
DISTRICT hoinsure performance ofthe AGREEMENT.
CHANGE ORDERS /EXTRA TIME / EXTRA WORK
21 following provisions
must be strictly complied with to obtain additional time to complete the job or to obtain additional
(o) The CONTRACTOR shall promptly
notify the DISTRICT of any delay and ahaU, within ten (10) days from the beginning of any such
de|ay, notify the DISTRICT in writing of the cause of the de|ay, and the [)|GTR|(]T shall extend
the time for completing the work if in its judgment the cause so merits. The OIGTR|CT'o
determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR
shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the
DISTRICT'S PROJECT MANAGER within ten (10) days of the beginning of such a delay. No
adjustment shall be allowed for such delay unless there iastrict compliance with this contractual
provision. C(]NTRACTOR's remedy ohm|| be limited to the extra days granted and to any
damages that it may be entitled to using the formula agreed to by the parties for all damages as
provided in Section 22.
(b) Request for Change Order — Additional Compensation Sought.
(|) Should CONTRACTOR claim that the DISTRICT isdemanding extra work
from itorconsider any work demanded ofdto be outside the requirements of this
AGREEMENT or if it considers any |natruotion, ruUng, or daoha|on of the PROJECT
MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or
instruction, ru|ing, or decision is given' file o written protest with the PROJECT MANAGER
stating clearly and in detail his objections and the reasons therefor. Except for such
protests and objections as are made of record, in the manner and within the time above
stated, the CONTRACTOR shall be deemed tohave waived, and does hereby waive, all
claims for extra vvork, dornagae, and extensions of time on account of demands,
instructions, rulings, and decisions ofthe District Engineer.
(ii) Should CONTRACTOR claim that additional compensation is due it
because of an unforeseen condition. CONTRACTOR shall bring that to O|GTR|OT's
attention promptly and within ten (10) days and shall submit a written request for change
order within ten (1O)days toDISTRICT.
(z) D|QTR|CT'sRooueat
for Change Order form, which is attached hereto as part ofthis AGREEMENT, ahmU be the form
that must be submitted in a timely fashion fora request for either additional time or additional
compensation. By initialing, the CONTRACTOR mpeuUlomUy mgnoem to use said form for those
purposes and understands that, ifhmdoes not submit that form |notimely manner, hewaives the
right to request additional time or compensation. No oral modifications or other forms of
HQSD2O18CUz A-5 Agreement
communication shall be accepted as compliance with this provision. The written requ far
change order requirement cannot be waived. ,
Contractor's Initial
2_
(d) Change Order. Should DISTRICT agree that a change order is warranted for
either additional time or compensation, a written change order shall be executed. If DISTRICT
does not agree to the change order, and CONTRACTOR has provided timely notices and
submitted its written request for change order in a timely manner and on the proper form,
CONTRACTOR will have preserved the issue for later resolution in compliance with other
procedures set forth in this AGREEMENT or as the law may otherwise allow.
(e) Change Order Authority, The following authority is given to approve Change
Orders:
(i) Change Orders for Extra Time. The District Manager shall have the
authority to grant extra days without limit.
(ii) Change Orders for Extra Compensation. The District Manager shall have
the authority to make change orders up to an aggregate amount of Ten Percent (10%) of
the original contract amount or Fifteen Thousand Dollars ($15,000), whichever is greater.
22. Damages / Extra Work Compensation. The parties have agreed to modify the
formula for damages set forth in the Standard Specifications for Public Works Construction. The
parties agree that the following damage formula shall be used to measure all of CONTRACTOR's
damages or extra work required by this PROJECT. CONTRACTOR shall be limited to the
following_
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5,000)
Subcontracted work 5% (work in excess of first $5,000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three (3)
competitive bids are obtained
and CONTRACTOR selected
the lowest bidder)
Excluded from recovery shall be so-called "Eichleay damages," including, but not limited
to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and
lost interest.
CONTRACTOR acknowledges that his recovery for damages or extra work is limited as
provided in this Section.
Contractor's lniba s
HGSD 2016 CIP A-6 Agreement
SUBCONTRACTING
23. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the
provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code
Sections 4100 et seg.) and agrees to comply with all applicable provisions thereof. If any part of
the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing
and shall provide that all work to be performed thereunder shall be performed in accordance with
this AGREEMENT. Upon request, certified copies of any or all subcontracts shall be furnished to
DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve
CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public
Contract Code Section 4110, CONTRACTOR's violation of any of the provisions of the Subletting
and Subcontracting Fair Practices Act violates this AGREEMENT, and DISTRICT may cancel this
AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the
subcontract involved. DISTRICT may deduct this penalty from any monies due or that may
become due to CONTRACTOR for work performed under this AGREEMENT.
All persons engaged in the work, including subcontractors, will be considered as
employees of CONTRACTOR. CONTRACTOR will be held responsible fortheir work. DISTRICT
will deal directly with and make all payments to CONTRACTOR.
STOP NOTICES
24. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop
notice, DISTRICT shall withhold from payment to CONTRACTOR sufficient funds due, or to
become due, to pay the claim stated in the stop notice and provide for DISTRICT's reasonable
costs of litigation. One hundred twenty-five percent (125%) of the amount of the claim stated in
the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized
by law, CONTRACTOR shall reimburse DISTRICT for administrative expenses incurred in
processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure
of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
CONTRACTOR's payment bond. DISTRICT shall have the right to deduct any such expenses
from amounts due or to become due to CONTRACTOR under this AGREEMENT.
COMPLETION
25. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out
Agreement and Release of All Claims on DISTRICT's form (attached). The execution by
CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a
waiver of all claims against DISTRICT under or arising out of this AGREEMENT unless otherwise
stated in said document.
26. Guarantees. 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. 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 therefor immediately on demand. This guarantee shall be in
HGSD 2016 CIP A-7 Agreement
addition toany manufacturer or specific guarantees that may bmrequired. CONTRACTOR shall
provide those manufacturer and specific guarantees before CONTRACTOR may claim
entitlement tofinal payment.
INDEMNIFICATION
27. CONTRACTOR shall indemnify, defend with legal counsel approved
by DISTRICT, and hold harmless DISTRICT, and its officers, officials, employees, and volunteers,
from and against all liability, |uee, darnega, axponmy, and uoaY (including without limitation
reasonable legal oounsal fmem, expert feem, and all other costs and fees of litigation) of every
nature arising out of or in connection with CONTRACT(]R'a neQ||genoe, reoh|aemnesa or willful
misconduct in the performance of work hanounder, or its failure to comply with any of its
obligations contained in this AGREEMENT, except such loss or damage which is caused by the
sole or active negligence or willful misconduct ofthe DISTRICT. Should conflict of interest
principles preclude a single legal counsel from representing both DISTRICT and CONTRACTOR,
or should DISTRICT otherwise find CONTFACTC)R'o legal counsel unacceptable, then
CONTRACTOR shall reimburse the DISTRICT its costs of defense, including without limitation
reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The
CC)NTR/\CT(]Fl shall promptly pay any final judgment rendered against the O|GTFY|C)T and its
ofUcers, officia|s, employees, and volunteers with respect to o(eirnm determined by a trier of fact
to have been the result of the CONTR/\[}TOR'o neg|igent, raoNeoa or wrongful performance. It
is expressly understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California and will survive termination of this
AGREEMENT.
CONTRACTOR's obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However,
without affecting the rights of DISTRICT under any provision of this AGREEW4ENT.
CONTRACTOR aho|| not be required to indemnify and hold homn|osm DISTRICT for liability
attributable to the active negligence of DISTRICT, provided such active negligence is determined
by agreement between the parties or by the findings of court of competent jurisdiction. In
instances where DISTRICT is shown to have been actively negligent and where O/8TF(|CT'a
active negligence accounts for only a percentage of the liability involved, the obligation of
CONTRACTOR will be for that entire portion or percentage of liability not attributable tothe active
negligence ofDISTRICT.
Notwithstanding any limits provided for indemnification, CONTRACTOR's duty to defend
is broader. CONTRACTOR agrees to provide DISTRICT with a defense, with counsel reasonably
acceptable to O|GTR|CT, or pay O|GTR|CT'a costs of defense upon aemioo of any complaint,
petition or other pleading that nyqu|neu DISTRICT to defend itself in any proceeding arising out of
the work described in this AGREEMENT. Said obligation shall not extend to disputes between
CONTRACTOR and DISTRICT.
INSURANCE
28. Insurance. Without limiting C()NTR\CTOF[m indemnification of O|GTFUCT, and
prior to oornrnenmarnent of work, CONTRACTOR ahoU obtain, provde, and maintain at its own
expense during the term ofthis AGREEMENT policies ofinsurance ofthe types and amounts
described below and in a form satisfactory to DISTRICT.
HQGD2O18CUz A-8 Agreement
General liability insurance. CONTRACTOR shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services [)ffica Form CG OO 01. in an
amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily
injury, personal {n/ury, and property damage, including, without limitation, blanket contractual
liability, and a $2.00O.OUO.00completed operations aggregate.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance sd
least ambroad aoInsurance Services Office Form CAOOO1 covering bodily injury and property
damage for all activities of the CONTRACTOR arising out of or in connection with work to be
performed under this AGREEMENT, including coverage for any ovvned, hired, non-ovvned, or
rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an
umbrella or excess liability insurance policy with Urnita of not less than $4.000.000.00 that will
provide bodily injury, personal injury, and property damage liability coverage at least as broad as
the primary coverages set forth above. including commercial general liability and employer's
||ob|||ty. Such policy or policies shall include the following terms and conditions:
' Adrop down feature requiring the policy to respond in the event that any primary insurance
that would otherwise have applied proves to be uncollectable in whole or in part for any
reason;
' Pay onbehalf ofwording aaopposed toreimbursement,
' Conoumanoyofeffective dates with primary policies; and
' Policies shall "follow form" tothe underlying primary policies.
' Insureds under primary policies shall also be insureds under the umbrella or excess
Workers' compensation insurance. CONTRACTOR shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits ofot
least $1.00O.00O.00\for C[)NTRACTOR's employees inaccordance with the laws ofthe State of
California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with the laws of the State of California, Section 3700 of the Labor Code,
for all ofthe subcontractors employees.
CONTRACTOR shall submit to DISTRICT, along with the certificate of insurance, a
Waiver ofSubrogation endorsement in favor ofDISTRICT and its oYOoera, agents, ernp|oyeea.
and volunteers.
Builder's risk insurance. Upon oonlnnmnomnlent of construction and with approval of
CITY, CONTRACTOR shall obtain and maintain builder's risk insurance as specified below.
The named insureds shall beCONTRACTOR, all subcontractors (excluding those solely
responsible for design work) ofany tier, suppliers, and CITY and its offioens.officials, employees,
and agents. CONTRACTOR shall not be required to maintain property insurance for any portion
of the PROJECT following transfer of control thereof to C|TY.
Policy shall be provided for replacement value on an ^a|| Mmk^ beo|o. There shall be no
coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any
HGGO201GCUP A-9 Agreement
ensuing loss from faulty workmanship, nonconforming work, or omission or deficiency in design
or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage
for removal of debris and insuring the buildings, structures, machinery, equipment, materials,
facilities, fixtures, and all other properties constituting a part of the PROJECT; (4) transit coverage,
including ocean marine coverage (unless insured by the supplier), with sub -limits sufficient to
insure the full replacement value of any key equipment item; and (5) coverage with sub -limits
sufficient to insure the full replacement value of any property or equipment stored either on or off
the site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and
sub -limits.
Proof of insurance. CONTRACTOR shall provide certificates of insurance to DISTRICT
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsement must be
approved by DISTRICT's risk manager prior to commencement of performance. Current
certification of insurance shall be kept on file with DISTRICT at all times during the term of this
AGREEMENT. DISTRICT reserves the right to require complete, certified copies of all required
insurance policies at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the
AGREEMENT insurance against claims for injuries to persons or damages to property, which may
arise from or in connection with the performance of the work hereunder by CONTRACTOR or his
agents, representatives, employees, or subcontractors. CONTRACTOR must maintain general
liability and umbrella or excess liability insurance for as long as there is a statutory exposure to
completed operations claims. DISTRICT and its officers, officials, employees, and agents shall
continue as additional insureds under such policies.
DISTRICT's rights of enforcement. In the event any policy of insurance required under
this AGREEMENT does not comply with these requirements or is canceled and not replaced,
DISTRICT has the right but not the duty to obtain the insurance it deems necessary, and any
premium paid by DISTRICT will be promptly reimbursed by CONTRACTOR or DISTRICT will
withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative,
DISTRICT may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in the State
of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category
Class V11 (or larger) in accordance with the latest edition of Best's Key Rating Guide„ unless
otherwise approved by the DISTRICT's Counsel.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this
AGREEMENT shall be endorsed to waive subrogation against DISTRICT and its elected or
appointed officers, agents, officials, employees, and volunteers or shall specifically allow
CONTRACTOR or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of
recovery against DISTRICT and shall require similar written express waivers and insurance
clauses from each of its subconsultants.
Enforcement of AGREEMENT provisions (non estoppel). CONTRACTOR
acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT to inform
CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the
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DISTRICT, nor does it waive any rights hereunder.
Requirements not UrnUUng. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other requirements,
orowaiver oYany coverage normally provided byany insurance. Specific reference boegiven
coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all incJumiva, or to the exclusion of other oowenaga, or
waiver ofany type.
Notice of cancellation. CONTRACTOR agrees tooblige its insurance agent orbroker
and insurers to provide DISTRICT with a thirty (30) day notice of cancellation (except for
nonpayment for which aten (10) day notice is required) or nonrenavva| ofcoverage for each
required coverage.
Additional insured status. General liability policies shall provide orbeendorsed to
provide that DISTRICT and its offioers, off|o|a|o, employees, and agents shall be additional
insureds under such policies. This provision shall also apply toany excess liability policies.
DiSTFX)CT`m right to revise requirements. The DISTRICT reserves the r|ght, at anytime
during the term of the AGREEMENT, to change the amounts and types of insurance required by
giving the CONTRACTOR a ninety (SO) -day advance written notice of such change. If such
change results in substantial additional cost to the CONTRACTOR, the DISTRICT and
CONTRACTOR may renegotiate CONTRACTOR'acompenmaUon.
Self -insured retentions. Any self -insured retentions must bedeclared toand approved
by DISTRICT. DISTRICT reserves the right to require that self -insured retentions be eliminated,
lowered orreplaced byudeductible. Self-insurance will not baconsidered tocomply with these
specifications unless approved byDISTRICT.
Timely notice of claims. C{}NTFU\CT{]Pl mho|| give DISTRICT prompt and timely notice
ofclaims made orsuits instituted that arise out oforresult from CONTRACTC)R'sperformance
under this AGP<EEK8ENT, and that involve or may involve coverage under any of the required
liability policies.
Additional insurance. CONTRACTOR shall also procure and mainta|n, at its own coat
and expense, any additional kinds of insurance vvh|oh in his/her/its own judgment may be
necessary for its proper protection and prosecution of the work.
29^ Workers' Compensation.
A. CONTRACTOR shall carry Workers' Compensation |nouranoe, and require all
subcontractors to carry Workers' Compensation Insurance, as required by the Labor Code of the
State ofCalifornia. CONTRACTOR, byexecuting this AGREEMENT, hereby certifies:
"| 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 | will comply with such provisions before
commencing the performance oYthe work ofthis AGREEW1ENT."
B. CONTRACTOR acknowledges that |t|sunlawful and acrime tointentionally make
HG8O2D1GC(P A-11 Agreement
false statements about employees that nnisdmmsifytheir job duties to obtain lesser premium costs
orfor other improper purposes. CONTRACTOR agrees that if itmakes false statements about
its arnp|oyeao for the purpose of obtaining lower workers' compensation pnonniunle orfor other
unlawful purposes, it shall be considered a material breach of this AGREEMENT.
30. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and
prior to commencing the work on the PROJECT, the CONTRACTOR shall file with the DISTRICT
a good and sufficient labor and material payment bond (Payment Bond) and a performance bond
(Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering
performance of the work other than the professional design services portion of the work. The
Performance Bond and Payment Bond shall be in the form required by the CONTRACT
DOCUMENTS. The amounts ofthe Payment Bond and Performance Bond ahm|| be increased
as, vvhon, and in the amount ofany Change Orders that are executed increasing the Contract
Sum, the CONTRACTOR mha||, upon request by the DISTRICT, provide evidence of such
|nuraooem. Should the Payment Bond orPerformance Bond orany Surety unsuch bond become
or be determined by the DISTRICT to be |nauffioient, it shall be replaced within ten (10) days by
a bond that fully oomp||mm with the requirements of this Section. No further payments to the
CONTRACTOR for the work performed shall be made or due until the CONTRACTOR has fully
complied with the requirements ofthis Section.
Duration. The Payment Bond shall remain ineffect until acceptance nfthe work bythe
DISTRICT and payment of all atop notices and claims by the CONTRACTOR or the
muboontractore, of any tier, have been satisfied. The Performance Bond shall remain in effect
and assure faithful performance of all the OONTRACTOR'a obligations under the CONTRACT
DOCUMENTS, including, without ||nn|tnt|on, all obligations that survive final completion or
terminat|on, such as, but not limited to, CONTRACTOF1'ovvarranty. commissioning, and indemnity
obligations.
Surety. At the time the AGREEMENT is oigned, and at all times thereafter until final
payment has been made by the DISTRICT, the Surety on the Payment Bond shall be an Admitted
Surety, and the Surety on the Performance Bond shall be a licensed Surety in good standing with
the California Department of Insurance and have an A.M. Best's Insurance Rating ofnot less than
Premiums. The premiums for all bonds are included inthe Contract Sum and shall be
paid bythe CONTRACTOR.
Obligee. The Payment Bond and Performance Bond shall each name the DISTRICT aa
obligee. All bonds purchased by the subcontractors shall name the CONTRACTOR and the
DISTRICT amdual obligees.
No exoneration. Changes, Change Ordana, Unilateral Change Ordena, Field Ordena,
modifications, and adjustments to the Contract Sum or completion date shall in no way release
or exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be
waived by the Surety. The foregoing provision mho|| be included in the terms of the Payment
Bond, Performance Bond, and any bonds obtained bythe subcontractors.
Communications. The DISTRICT shall have the right to communicate with the
CDNTRACTOR'o GunyUaa with respect to rnottena that are related to the (](]NTRACT[>R's
performance ofits obligations under the CONTRACT DOCUMENTS. CONTRACTOR shall be
HGSD2O16CUz A-12 Agreement
provided with acopy ofall such written communications. Such communications shall not create,
or be interpreted as creating, any contractual relationship between the DISTRICT and the Surety,
No limitation. The requirements of this Section pertaining to the Performance Bond and
the Payment Bond ehoU be without limitation to any other obligations the CONTRACTOR may
have under applicable law to provide bonding for the benefit of and to assure payment to the
subcontractors or subconsultants performing the work for the PROJECT.
TERMINATION
31.
A. If CONTRACTOR should hsi| to comply with any of the provisions haroof, 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 AGREEMENT in whole or
in pert.
B. Should CONTRACTOR, at any time during the progress of the worh, refuse or
neglect to supply sufficient nnetedel or labor, or fail in compliance with any provision of this
AGREEMENT, DISTRICT shall have the right, without prejudice to any other right orremedy it
may have, to provide such materials and |abor, ormake good such deficiencies as DISTRICT
may deem expedient after three (3) day notice in writing, delivered or mailed to CONTRACTOR
at his last address on file with D|8TF<|CT. and CONTRACTOR shall be liable for the cost and
expense thereof which may be deducted by DISTRICT from any money due or that may become
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 AGREEMENT in whole
or|npart otits convenience. |nsuch event DISTRICT shall compensate CONTRACTOR, subject
to deduction for previous payments and authorized deductions, by: (i) reimbursing
CONTRACTOR for all actual expenditures and costs incurred in performing under this
AGREEMENT, (ii) reimbursing CONTRACTOR for all expenditures made and costs incurred with
D|8TR|OT'a prior written approval in settling or discharging outstanding oornnn|trnents entered
into by CONTRACTOR in performing under this AGREEMENT, and (iii) paying CONTRACTOR
an a profit. insofar as a profit is realized heraunder, an amount equal to the profit on the entire
AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of
the work. In no evant, hovvavar, will the compensation to CONTRACTOR exceed the total
AGREEMENT price less payments previously made and less the AGREEMENT price of work not
terminated. Upon receipt of any notice of termination, CONTRACTOR oha||, unless the notice
otherwise directs, (|) immediately discontinue the work and the placing of all orders and
subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and
subcontracts made hereunder. and (|i|) immediately transfer to DISTRICT all rnoter|a|m, mupp||me,
vvork-in-proceae, app|ianueo, feoi|itiao, equiprnent, nlaohinery, and tools acquired by
CONTRACTOR |nconnection with the performance oYthis AGREEMENT.
CLAIM RESOLUTION
32' Resolution of Claims. For all claims that are Three Hundred
Thousand Dollars ($375,000.00) or less, the provisions of Public Contracts Code Sections 20104
HGSD2018C|P A43 Agreement
et seg. (Article 1.5-Resolution ofConstruction Claims) shall be followed. For claims for money
or time submitted pursuant to Public Contract Code 9204, the provisions of that section shall apply
and a meet and confer process, followed by nonbinding mediation, shall occur.
33. Notice to Contractor of Claims. DISTRICT ahmU provide notice to
CONTRACTOR upon receipt of any third -party claim related to the AGREEMENT.
CONTRACT DOCUMENTS AND INTERPRETATION
34. (a) Other Documents Included. |tkufurther agreed bythe parties hereto that the
following documents are incorporated herein by reference and are tobe read and construed
together as the fuU, cornp|oba, and integrated bamna of this AGREEMENT and, collectively with
this AGREEMENT, may bereferred bzaathe CONTRACT DDCUW1ENT8-
A` Notice Inviting Bids & Scope ofWork, and Addendum No. 1
B. Proposal
C. Scope ofWork
D. District Request for Change Order/Change Order
E. Notice toProceed
F. Labor and Materials Bond
G. Performance Bond
H. Final Closeout Agreement
1. Plan Onsvvingo (#333 Mesa Drive Bridge Air Release Valve
Removal)
J. General Conditions
K. Special Conditions
L. General Requirements
(b) Interpretation of Incorporated Documents. In the event of any conflict,
inconsistency or incongruity between the provisions of this AGREEMENT and the
provisions of any document listed in Subsection (a) above, the provisions of this
AGREEMENT shall prevail unless acontrary intent |ashown. This AGREEMENT
uhoU be interpreted as though it had been drafted by the DISTRICT and the
CONTRACTOR equally. This AGREEMENT shall beinterpreted according bzthe
laws of the State of California.
35. This AGREEMENT integrates all
understandings of the parties. Any amendment to this AGREEMENT must be made in writing
and signed by the parties with legal authority to execute the morne. CONTRACTOR is avvany that
DISTRICT is a special district and that, pursuant to Health and Safety Code Section 6487, contract
amendments may only be entered into by compliance with those formalities. Notwithstanding the
abova, requests for additional time or compensation may be nneda by following the procedures
provided for in this AGREEMENT.
36. Effect of Invalidity. The invalidity in whole orinpart ofany provisions hereof shall
not affect the validity ofany other provision.
37. discriminate
nor allow its emp|myeom, agenta, phnoipaka, or subcontractors to discriminate against any
employee or applicant for employment on the basis of race, religious oreed, national origin, or
sex. CONTRACTOR shall take affirmative steps to h|nn 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 208].
88. Equal Employment Opportunity. CONTRACTOR shall comply with all
provisions of Executive Order 11246, entitled "Equal Employment Opportunity" and amended by
Executive Order 11375, and oosupplemented inDepartment ofLabor Regulations (41 CFFYpart
39. CONTRACTOR agrees hzprovide adrug-free workplace |n
accordance with 24 CFR pert 24. sub -part F. Under 24 C]FR port 24. sub -part F. the
CONTRACTOR will provide certification in writing that it will provide a drug -free workplace by:
(a) Publicizing'' mstatement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the worhp|aoe, and specifying the action it will take against employees for
violation of such prohibition;
(b) Establishing an ongoing drug -free awareness program to inform employees about:
1. Degrees ofdrug abuse |nthe workplace;
2. The policy of maintaining e drug -free workplace;
3. Any available drug counao|ing, rahob||itat|on, and employee assistance
programs; and
4. The penalties which may be imposed on employees for drug abuse violations
occurring in the workplace.
() Making it arequiremmnt that every employee to be engaged in the performance of
the AGREEMENT be given a copy of the statement required by Subsection (a);
(d) Notifying employees in the statement required by Subsection (a) that as a condition
ofemployment under the AGREEMENT the employee will:
1. Abide by the hmnn of the statement; and
2. Notify the employer in writing of any conviction fora violation of criminal drug
statute occurring in the workplace no later than five (5) calendar days after
such conviction.
(e) Notifying DISTRICT |nwriting within ten (10calendar days after receiving notice
under Subsection (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 Subsection (d)(2).with respect toany employee who |mso convicted:
1. Taking appropriate motion against such an ernplovea, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973,
aaamended; or
HQQD2O1GCUP A-15 Agreement
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance orrehabilitation program approved for such purposes byafederal,
state, or local health, law enforcement, or other appropriate agency.
(g) Making egood faith effort tocontinue tomaintain adrug-free workplace through
implementation oySections (e). (b).(o). (d). (e).end (f).
40. Permits. The CONTRACTOR shall obtain from the DISTRICT, County, City,
Stota, or other responsible public agencies all licenses and pmnnits, and pay all fees related
thereto. necessary tocomplete the job.
41. Assignment. Noassignment bythe CONTRACTOR ofthis AGREEMENT orany
part hereof, oroffunds to be naoe|vad horeunder, will be recognized by the DISTRICT unless
such assignment has had prior written approval and consent of the DISTRICT and the Surety.
42. Safety and Site Condition. CONTRACTOR shall perform all operations with due
rogmn1 for safety and in strict compliance with all applicable |ovva relating thereto. It shall be
CONTF0ACTC)R'a responsibility to keep the site in a clean, naot, 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.
43. Utility Location. DISTRICT acknowledges its responsibilities with respect to
locating facilities pursuant toCalifornia Government Code Section 4215.
44. Trenching. |fthis AGREEMENT involves digging trenches orother excavations
that extend deeper than four (4) Yae1 below the surfmca. CONTRACTOR shall promptly, and
before the following conditions are disturbed, notify the DISTRICT in writing, of any:
(o) Material that the CONTRACTOR believes may be material that is hazardous
waste, as defined in Section 25117 of the Health and Safety Code, that is required
to be removed to o O|aao |' Class || or Class ||| disposal site in accordance with
provisions of existing |ovx
(b) Subsurface or latent physical conditions at the site differing from those indicated.
(c) Unknown physical conditions atthe site ofany unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the AGREEMENT.
The DISTRICT shall promptly investigate the conditions, and if it finds that the conditions
do materially so differ, or do involve hazardous wnato' and cause o decrease or increase in the
CONTRACTOR's cost of, or the time required for, performance of any part of the work shall issue
a change order in accordance with the procedures described in this AGREEMENT.
|nthe event that a dispute arises between the DISTRICT and the CONTRACTOR as to
whether the conditions materially differ, orinvolve hazardous waste, or cause adecrease or
increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work,
the CONTRACTOR shall not be excused from any scheduled completion date provided for by the
AGREEMENT but mhm|| proceed with all work to be performed under the AGREEMENT. The
HG8O2U18C|P A+18 Agreement
CONTRACTOR shall retain any and all rights provided either bythis AGREEMENT mbylaw
which pertain to the resolution of disputes and protests between the contracting parties provided
that CONTRACTOR complies with Section 21 when asserting such claim.
45. Notices. The parties hereto agree that all formal notices required by this
AGREEMENT may beprovided to the following persons at the following addresses bysending
the same by certified or registered mail as follows:
DISTRICT: Costa Mesa Sanitary CUotMct
G20VK1SthStreet
Costa Mesa, CAB2827
CONTRACTOR: Schuler Constructers
170OChicago, Avanua
Unit J-15
Riverside, OA82SO7
48. Gratuities. CONTRACTOR warrants that neither it nor any ofits ernployeea,
agents, or representatives has offered or given any gratuities to DISTRICT's employees, agents
or representatives with a view toward securing this AGREEMENT or securing favorable treatment
with respect thereto.
47. Conflict of Interest. CONTRACTOR warrants that hahas noblood ormarriage
relationship vvith, and that it is not in any way associated vvith, any orchiteot, engineer orother
preparerofthe plans and specifications for this PROJECT.
48. . If applicable to this AGFtEEMENT.
CDNTF0\OT{JH 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 inc|uding, by any nneano, any
person employed in the construction, completion or repair of any public work to give up any part
of the compensation towhich he isotherwise entitled.
49. inany action orproceeding brought byeither party against the
other party arising out of or in any way connected to this AGREEMENT, or where any provision
hereof is validly asserted as a defense, the parties shall bear their own attorney's fees, costs, and
expenses. Nothing in this provision ehmU excuaa[)ONTR\CTOR'o duty to provide [}|GTF{|CT
with a defense at [)ONTRAOTOR'a cost when DISTRICT receives a cornp|m|nt, petition or other
pleading from a third party requiring DISTRICT to defend itself. Notwithstanding the foregoing,
costs and ottorney'sfees shall baavailable pursuant toCode oYCivil Procedure Section 38G.G|n
connection with en|nterp|modmr.
50. Assignment of Rights. Pursuant boSection 71O8.5ofthe Public Contract Code,
in entering into a public works contract ora subcontract to supply goods, services or materials
pursuant to a public works contract, the CONTRACTOR orsubcontractor offers and agrees to
assign to the awarding body all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, services, or materials pursuant to the public works contract or
the subcontract. This assignment shall bmmade and become effective atthe time the awarding
HGSD2O18QP A-17 Agreement
body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties.
81. SCAQMD and CARIB Compliance. CONTRACTOR agrees tocomply with all
South Coast Air Quality Management O|athot (SCAQMD) and California Air Resources Board
(CARB) requirements, |nc|ud|ng, but not limited to, compliance with CARB Regulations Unn0ng
idling of self-propelled diesel -fueled on -road and off -road vehicles and equipment (25 HP and up)
to no more than five (5)oonseoudve minutes as specified in Title 18 of the California Code of
Regulations, section 2448(d)(3),Idling.
52. Mined Construction Materials. CONTRACTOR shall not purchase mined
construction material except from a mining operation that is currently identified in the list published
pursuant tosubdivision (b)ofSection 2717ofthe Public Resources Code. Refer hzthe current
3OQ8list for qualified mining operations atwww.consrv.ca.gov/OMR/ab-3098—list/current—list.
IN WITNESS VVHEP{E{}F' the parties hereto have entered into this AGREEMENT the date
and year first above written.
HGGD2D1GCUz A-18 Agreement
COSTA MESA SANITARY DISTRICT:
Approved By.
General ra tanaaer
Approved as to Form:
4
Harper & Burns LLP
District Counsel
SCHULER CONSTRUCTORS:
Reviewed and Accepted by:
signakyre
Name
Title
HGSD 2016 CIP A-1 9 Agreement
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)
ss.
COUNTY OF&/(i�)k'
(INDIVIDUAL)/(CORPORATION)
On �l l'��.Lt �� � `2e" ,, re me, th und.rsi ned, a Notary Public in and for said state,
personally appeared 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.
WITNEISS my hand and official seal.
(Notary Public)
VALERIE POTTS
o COMM. 02175559
Notary Public • CalitoMW
zRiverside Cou*
Coanrn. Jan. 120M
HGSD 2016 CIP A-20 Agreement