Contract - 19th St Pump Station Force Main Replacement - 2021-03-31AGREEMENT
This Agreement (hereinafter referred toao"AGREEMENT"){mmade and entered into
this 31stday of March, 2O21`byand between the COSTA MESA SANITARY DISTRICT,
hereinafter referred toaa"C>|STR|CT."and GCI Construction, Inc, hereinafter referred toaa
"CONTRACTOR."
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and
exchanged, DISTRICT and CONTRACTOR mutually agree aofollows:
SCOPE OFTHE WORK AND CONTRACT SUM
Scope of the Work. CONTRACTOR shall perform all the work and uhoU provide and
furnish all labor, materials, tools, expendable equipment, and utility and transportation services
required toconstruct the CK8S0#326 1 9TnSTREET PUMP STATION SEWER FORCE MAIN
REPLACEMENT, Alternate I (hereinafter referred to as "PROJECT"). This project has been
registered with the Department of Industrial Relations using form PVVC-100 pursuant to Labor
Code section 1773.3.
1. 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 entdled 19rn STREET
PUMP STATION SEWER FORCE MAIN REPLACEMENT, and CONTRACTOR agrees todo
everything required by this AGREEMENT' the piano and speoMloationa, and the CONTRACT
DOCUMENTS.
All labor, materials, tools, equipment, and services shall beperformed under the direction
and administration of, and subject t)the approval of, DISTRICT orits authorized representatives.
2. Contract Sum. DISTRICT agrees bzpay, and CONTRACTOR agrees 1oaccept
|nfull payment for the work above agreed toLedone, the sum ufTWO HDNDREDANDNINETY-
NOTICE TO PROCEED AND TIMING
3. Notice to Proceed. No work, services, material, orequipment shall beperformed
or furnished under this AGREEMENT unless and until m "Nntom 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 tocommence the work tobe
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
|nthe Notice toProceed, which the parties agree io .
5. Time of the Essence. Time hsofthe essence ofthis AGREEMENT.
6. Liguidated 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
CMSD A4 Agreement
the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and
determine the actual damage which the DISTRICT will sustain |n the event of and '�reasonof
de
lay. It is therefore agreed the CONTRACTOR will pay bzthe DISTRICT the sum ofTWO
HUNDRED AND FIFTY DOLLARS ($ 250-0O) per calendar day for each and every day ofdelay
in finishing the vvodv in exmaaa 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 dornogae shall be m measurement ofthe sum 10
compensate the public for inconvenience from not having the work completed on time and the
cost ofDISTRICT staff tomonitor the job beyond the completion date. DISTRICT shall further be
entitled to recover its additional actual damages incurred which oho/| be eupp|ernorda| 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, |no|uding, but not
restricted to, acts of God orofthe public enenny, fire, floodo, 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.
8. Cooperation. CONTRACTOR agrees to cooperate with O|STR|CT'e PROJECT
MANAGER or designee and to provide submittals and participate in meetings in a good faith effort
to complete the PROJECT. If disagreements odae. CONTRACTOR agrees to document the
disagreement in accordance with these AGREEMENT provisions and provide DISTRICT with
aoMy notice of the aenne for later resolution but shall continue to cooperate and prosecute the
work to completion in a diligent manner. Nothing herein shall excuse C(]NTRACTOR'o strict
compliance with Section 21ifadditional time ormoney |osought.
8. .
(e) 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 m noou|t 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 onl|mo|mn on the pert of the CONTRACTOR to fulfill in every detail all requirements of said
AGREEyWENT, epeoificationa, and p|ana, nor will such reasons be accepted as e bma|a for any
o|eima whatsoever for extra compensation or for an extension of time except as provided in
Section 21 ofthis AGREEMENT.
OM8O A-2 Agreement
0d Except as specifically provided in the CONTRACT DOCUK4ENTS, 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 ieprovided pursuant tuLabor Code Section 1781that this |a
m "public work" as defined in Chapter 1, Part 7, Ok/io|un 2 of the Labor Code, to which Section
1771opp|ies. CONTRACTOR shall pay prevailing wages, unless exempt.
11Contractor and all subcontractors are
registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5
and paid its annual fee.
12. Prevailing Wage Rates. Pursuant hoLabor Code Section 1773.2,copies ofthe
prevailing rate of per them wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm
and are on file at the DISTRICT, which shall be made available to any interested party upon
request. CONTRACTOR shall post a copy of the determination of the director of the prevailing
rate of per them wages at each job site. Said per them wages are deemed to include employer
payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in
accordance with Section 1773.1 of the Labor Code.
13. Payroll Records/ Electronic Records.
(a) The provisions of Section 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
nunnbur, work classification, straight time and overtime hours worked each day and vveek, and
the actual per diern vvogeu paid to each journeynnen, apprentice, vvorker, or other employee
employed byhim orher |nconnection with the public work. Certified payroll records shall beon
forms provided by the Division of Labor Standards Enforcement or contain the same information.
THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE
SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR'S PAYROLL RECORDS.
Additionally, CONTRACTOR orsubcontractor has 10 days in vvh{oh to comply subsequent to
receipt of a written notice requesting the records 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 thoraof, for each worker, 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 to the Department of Industrial
Relations.
14. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, ae
a penalty to D|GTFl|CT, forfeit not more than Two Hundred [)ol)ana ($200.00) for each calendar
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
CIVISD A-3 Agreement
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 sect.), 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
the provisions of Public Contract Code Section 20104.50.
20. Retention Securities. Pursuant to California Public Contract Code Section
22300, CONTRACTOR will be entitled to post approved securities with the DISTRICT or an
approved financial institution in order to have the DISTRICT release funds retained by the
DISTRICT to insure performance of the AGREEMENT.
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CHANGE ORDERS /EXTRA TNkE/EXTRA WORK
21. Request for Extra Time or Additional Compensation. The following provisions
must be strictly complied with to obtain additional time to complete the job or to obtain additional
() Request for Change Order — Additional Time. The CONTRACTOR shall promptly
notify the DISTRICT of any delay and shall, within ten (10) days from the beginning of any such
delay, notify the DISTRICT in writing of the cause of the delay, and the DISTRICT shall extend
the time for completing the work if in its judgment the cause so merits. The DISTRICT's
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 is strict compliance with this contractual
provision. CONTRACTOR's remedy shall 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.
Request for Change Order — Additional Compensation Sough .
(b) (i) Should CONTRACTOR claim that the DISTRICT is demanding extra work
from itorconsider any work demanded of it to be outside the requirements of this
AGREEMENT or if it considers any inotruoUon, ruling, or decision of the PROJECT
MANAGER to be unfair, he shall within ten (1O) days after any such demand is rnode. or
instruction, ruUng, or decision is given, fi|a 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 to have waived, and does hereby waive, all
o|oinna for extra work, dannagea, and extensions of time on account of dernonda,
inatructione, rulings, and decisions ofthe District Engineer.
(|i) Should CONTRACTOR claim that additional compensation is due it
because of an unforeseen condition, CONTRACTOR shall bring that to O|STR>Ol-'a
attention promptly and within ten (10)doyo and aho|| submit awritten request for change
order within ten (1D) days to DISTRICT.
(c) Request for Change Order — DISTRICT Form to Be Used. DISTRICT's Request
for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form
that must be submitted in a timely fashion for a request for either additional time or additional
compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those
purposes and understands that, if he does not submit that form in a timely manner, he waives the
right to request additional time or compensation. No oral modifications or other forms of
communication shall be accepted as compliance with this provision. The written request for
change order requirement cannot bowaived.
Contractor's Initials
(d) Should DISTRICT agree that echange order iowarranted 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 Unne|y notices and
submitted its vvrK1on 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
CMSO A-5 Agreement
procedures set forth inthis AGREEMENT oreathe law may otherwise allow
/e\ Change Order Authority. The following authority hagiven to approve Change
Onomne:
(U Change Orders for Extra Time. The General Manager shall have the
authority hogrant extra days without limit.
(ii) Change Orders for Extra Compensation. The General 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
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 1596
Other |hmrns 1596
Subcontracted work 1096 (first $5.000\
Subcontracted work 5% (work in excess offirst $5.00O\
Specialty Subcontracting
(required byextra 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 Initials 0
SUBCONTRACTING
23. Subcontracting. bdCONTRACTOR acknowledges that heorshe iaaware ofthe
provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code
Sections 4100 et seg.) and agrees to monnp|v 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 n*Uevo
CONTRACTOR of any port 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 m penalty of not more than 10 peroerd(1O96) of the
CK4SO A-0
Agreement
subcontract involved. DISTRICT may deduct this penalty from any nlonkaa due or that may
become due toCONTRACTOR for work performed under this AGREEMENT.
(a) While the provisions ofPublic Contract Code §41O7contemplate CONTRACTOR
requesting a substitution of subcontractor, District mhoU also be entitled to utilize those
procedures when a subcontractor is not performing in accordance with the Contract. In those
instances, District may give the same notice as provided in §4107 and provide substantially the
same due process.
(b) All persons engaged in the work, including subcontractors, will be considered as
erno|oyoas of CONTRACTOR. CONTRACTOR will be held responsible for their work.
DISTRICT will deal directly with and make all payments toCONTRACTOR.
STOP NOTICES
24. Additional Costs. Pursuant to Civil Code Section 9358. upon receipt of stop
noboe. DISTRICT oheU withhold from payment to CONTRACTOR sufficient funds due, or to
become due, to pay the claim stated in the atop notice and provide for O|STFl|CT'a na000mab|e
costs oflitigation. One hundred twenty-five percent (125%) of the amount of the claim stated in
the stop notice shall beereasonable amount towithhold. |naddition tothe remedies authorized
by |aw. CONTRACTOR shall reimburse DISTRICT for administrative expenses incurred in
processing NoUo*u to Withhold, Stop Notices, or similar legal documents arising out of failure
of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
C[)NTRACT(}R'mpayment bond. DISTRICT shall have the right todeduct any such expenses
from amounts due or to become due to CONTRACTOR under this AGREEMENT.
COMPLETION
25 CONTRACTOR agrees toexecute oFinal Close Out
Agreement and Release of All Claims on 0GTR|CT'a form (attached). The execution by
CONTRACTOR of the Final [}|oae Out Agreement and Release of All (J|a1rno ohoU constitute o
waiver of all claims against DISTRICT under or arising out of this AGREEMENT unless otherwise
stated |nsaid document.
26L and hereby does, guarantee all work for a
period ofone (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 inworkmanship 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 orneglect excepted. |nthe event offailure tocomply 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 ondemand. This guarantee shall bein
addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall
provide those manufacturer and mpouifio guarantees before CONTRACTOR may c}oirn
entitlement tofinal payment.
INDEMNIFICATION
27. CONTRACTOR shall indemnify, defend with legal counsel approve
byDISTRICT, and hold harmless DISTRICT, and its officers, officials, employees, and volunteers,
CM8D A-7 Agreement
from and against all liability, loss, damage, expense, and cost (including without limitation
reasonable legal counsel feea, expert fees, and all other costs and fees oflitigation) of every
nature uhainQ out of or in connection with CC>NTRACTC)R'e neg|igance, nack|eoaneao or willful
misconduct in the performance of work hereunder, or its hsi|una to comply with any of its
obligations contained in this AGREEMENT, except such loss or damage which is caused by the
sole or ooUvo negligence or willful misconduct of the DISTRICT. Should conflict of interest
principles preclude asingle legal counsel from representing both DISTRICT and CONTRACTOR,
or should DISTRICT otherwise find C(]NTRACTOR'a legal counsel unacceptable, then
CONTRACTOR aho\| reimburse the DISTRICT its costs of defense, including without limitation
naamonob|o (ggo| counsel fees, expert fees, and all other costs and fees of litigation. The
CONTRACTOR eho|| promptly pay any final judgment rendered against the DISTRICT and its
offioera, ofDo|e|a, emp|oyeoa, and volunteers with respect to claims determined by e trier of fact
to have been the result of the C[>NTF#\CTOF1'a neg|igent, reckless 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 |avv of the State of California and will survive termination of this
AGREEMENT.
CONTRACTOR'eobligations underth|sSecUonoppk/regard|eneofvvhetherornotouoh
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. Hovvever,
without affecting the rights of DISTRICT under any provision of this AGREEMENT.
CONTRACTOR shall not be required to indemnify and hold harmless 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 (]|STR|{}T'a
active negligence accounts for only a percentage of the liability |nvo|vad, the obligation of
CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active
negligence ofDISTRICT.
Notwithstanding any limits provided for indemnification, CONTRACTOR's duty to defend
is broader. CONTRACTOR agrees toprovide DISTRICT with odefense, with counsel reasonably
acceptable to DISTRICT, or pay O|STR/CT'o costs of defense upon service of any complaint,
petition or other pleading that requires DISTRICT to defend itself in any proceeding arising out of
the work described inthis AGREEMENT. Said obligation ahe|| not extend to disputes between
CONTRACTOR and DISTRICT.
INSURANCE
28. Insurance. Without limiting C{}NTRACTOR'o indemnification of DISTRICT, and
prior to commencement of work, CONTRACTOR shall obtoin, provide, and maintain at its own
expense during the term of this AGREEMENT policies of insurance of the types and amounts
described below and in aform satisfactory to DISTRICT.
General liability insurance. CONTRACTOR shall maintain commercial general liability
insurance with coverage at least as brood as Insurance Services C)fOne Form C@ OO 01. in on
amount not less than $1.0OO.O0O.00per occurrence, $2.00O.000.UOgeneral aggregate, for bodily
injury, personal in]ury, and property damage, including, without ||rnibation, blanket contractual
liability, and a $2,UOO.00O.00completed operations aggregate.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at
least as broad as Insurance Services [>fDoe Form CAOOO1 covering bodily injury and property
CM8D A-8 Agreement
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 owned, hired. non -owned, or
rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident.
Umbrella mrexcess liability insurance. CONTRACTOR shall obtain and maintain an
umbrella or excess liability insurance policy with Urnba of not less than $4.000.000.00 that will
provide bodily injury, penaona|i 'ury.endpnopertydornageUabi|ityuovenagecd}eaetaobroedoa
the primary coverages sot forth obove, including oornnneroin| general ||obi|My and employer's
liability. Such policy orpolicies shall include the following terms and conditions:
' Adrop down feature requiring the policy torespond inthe event that any primary insurance
that would otherwise have applied proves to be uncoUectab|e in whole or in part for any
reason;
' Pay onbehalf ofwording aoopposed toreimbursement;
' Conoumennyofeffective dates with primary policies; and
' Policies shall "follow form" tothe underlying primary policies.
' Insureds under primary policies oho|| also be insureds under the umbrella or excess
Workers' compensation insurance. CONTRACTOR shall maintain Workers'
Compensation |naunsnma (Statutory Limits) and Employer's Liability Insurance (with limits of at
least $1,000,000.00) for CONTRACTOR's employees in accordance with the lawsofthe8tatoo[
California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability
Insurance inaccordance with the laws ofthe State ofCalifornia, Section 37OOofthe Labor Code,
for all ofthe subcontractor's employees.
CONTRACTOR ahoU submit to D|STR|CT, along with the certificate of insurance, o
Waiver of Subrogation endorsement |nfavor ofDISTRICT and its officers, agenta, employees,
and volunteers.
Pollution liability insurance. Environmental Impairment Liability Insurance shall be
written on a Contractor's Pollution Liability form or other form acceptable to DISTRICT providing
coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The
policy limit shall be no less than $1'000.000.00 per claim and in the aggregate. All ooUvhieo
contemplated in this AGREEMENT shall be specifically scheduled on the policy as "covered
operations." The policy shall provide coverage for the hauling of waste from the PROJECT site
to the final disposal |ocetion, including non -owned disposal sites.
Products/completed operations coverage shall extend o minimum ofthree years after
PROJECT completion. Coverage shall beincluded onbehalf ofthe insured for covered claims
arising out ofthe actions ofindependent contractors. |fthe insured |ausing subcontractors, the
policy must include work performed "by or on behalf` of the insured. Policy aheU contain no
language that would invalidate or remove the insurer's duty to defend or indemnify for claims or
suits expressly excluded from coverage. Policy shall specifically provide for aduty todefend on
the part ofthe insurer. The DISTRICT, and its officials, officers, agents, and employees, shall be
included eminsureds under the policy.
Proof mfinsurance. CONTRACTOR shall provide certificates ofinsurance toDISTRICT
as evidence of the insurance coverage required here|n, along with e waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsement must be
OIVISO A-9 Agreement
approved by O|STR|CT's risk manager prior to commencement of padbnnenne. Current
certification of insurance ahoU be kept on file with DISTRICT at all times during the term of this
AGREEMENT. DISTRICT reaanx*o the right to require oornp|ete, certified copies of all required
insurance policies a1any time.
Duration mfcoverage. CONTRACTOR shall procure and maintain for the duration Vfthe
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
aQento, napreean1at|vea, employees, or subcontractors. CONTRACTOR must maintain general
liability and umbrella or excess liability insurance for as long as there is o statutory exposure to
completed operations claims. DISTRICT and its officers, officials, employees, and agents shall
continue aeadditional insureds under such policies.
C>lSTR|CT'srights ofenforcement. |nthe event any policy ofinsurance 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 neoeayary, 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 V|| (or larger) in accordance with the latest edition of Best'a Key Rating Guide, unless
otherwise approved bvthe [>|STFl|CT'oCounsel.
Waiver ofsubrogation. All insurance coverage maintained orprocured pursuant tothis
AGREEMENT shall be endorsed to waive subrogation against DISTRICT and its elected or
appointed ofUoors, agenta, ofUc\o|o, employees, and volunteers or shall specifically a||ovv
CONTRACTOR or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to e loss. CONTRACTOR hereby waives its own right of
recovery against DISTRICT and aho|| require oinni|er written express vva|vara and insurance
clauses from each ofits aubconau|tante.
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
DISTRICT, nor does itwaive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as o limitation on coverage, limits orother requirements,
or a waiver ofany coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to e given issue and is not
intended by any party or insured to be all |noiuoive, or to the exclusion of other covensge, or e
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 a ten /10\ day notice is required) or nonrenavva} of coverage for each
required coverage.
CM8D /-10 Agreement
Additional insured status. General liability policies shall provide orbeendorsed to
provide that DISTRICT and its ofDoere, officia|s, enlpJoyeao, and agents aheU be additional
insureds under such policies. This provision shall also apply toany excess liability policies.
|]ISTR|C7['sright torevise requirements. The DISTRICT reserves the right, adany time
during the term ofthe AGREEMENT, tochange the amounts and types ofinsurance required by
giving the CONTRACTOR e ninety (QU)-dayodvance written notice of such change. If such
change results in substantial additional noai to the CONTRACTOR. the DISTRICT and
CONTRACTOR may renegotiate CC)NTFACTOF7'acompensation.
Self^|nmuredm»tent|mnm. Any self -insured retentions must bedeclared toand approved
by DISTRICT. DISTRICT reserves the right to require that self -insured retentions be eliminated,
lowered orreplaced byodeductible. Self-insurance will not beconsidered tocomply with these
specifications unless approved byDISTRICT.
lF|rnm|y notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice
of claims made or suits instituted that arise out of or result from CONTRACT{}R'a performance
under this AGREEMENT, and that involve or may involve coverage under any of the required
liability policies.
Additional insurance. CONTRACTOR ahe|| also procure and rnainta1n, atits own cost
and expanae, any additional kinds of insurance which in his/her/its own judgment may be
necessary for its proper protection and prosecution ofthe work.
29^ Workers' Compensation.
A. CONTRACTOR aheU carry Workers' Compensation |nuunanoe, and require all
subcontractors to carry Workers' Compensation Insurance, asrequired bythe Labor Code of the
State of California. 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 ofthe work ofthis AGREEMENT."
B. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make
false statements about employees that rn|sc|ooaUvtheir job duties to obtain lesser premium coots
orfor other improper purposes. CONTRACTOR agrees that |f|tmakes false statements about
its employees for the purpose of obtaining lower workers' compensation pnarniunne or for 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 mhmU be increased
as, vvhen, and in the amount of any Change (]ndena that are executed increasing the Contract
Sum. the CONTRACTOR ehm||, upon request by the D|STR|CT, provide evidence of such
inonaoaeo. Should the Payment Bond or Performance Bond or any Surety on such bond become
C|M8D A,11
Agreement
or be determined by the DISTRICT tobeinsufficient, itshall be replaced within ten (10days by
e bond that fully complies with the requirements of this Seotion. No further payments to the
CONTRACTOR for the work performed shall be made or due until the CONTRACTOR has fully
complied with the requirements of this Section.
Duration. The Payment Bond shall remain |neffect until acceptance ofthe work bvthe
DISTRICT and payment of all atop notices and claims by the CONTRACTOR or the
auboontnaotona, of any tier, have been satisfied. The Performance Bond ehoU remain in effect
and assure faithful performance of all the CONTRACT[)R'n obligations under the CONTRACT
O(]CUyWENT8. including, without |irnitabon, all obligations that survive final completion or
termination, such as, but not limited to, CONTF0ACTDR'ovvmrranty. commissioning, and indemnity
obligations.
Surety. At the time the AGREEMENT is signed, and at all times thereafter until final
payment has been made by the DISTRICT, the Surety onthe Payment Bond shall beanAdmitted
Surety, and the Surety on the Performance Bond shall be a licensed Surety in good standing with
the California Department ofInsurance and have anA.M.Beat'oInsurance Rating ofnot less than
Premiums. The premiums for all bonds are included inthe Contract Sum and shall be
paid bvthe 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 aedual obligees.
No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders,
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 oho|| 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
CCJNTRACT[)R'e Sureties with respect to matters that are related to the C{]NTF0ACT(]R`o
performance ofits obligations under the CONTRACT DOCUMENTS. CONTRACTOR shall be
provided with acopy ofall such written communications. Such communications shall not create,
or be interpreted as creaUng, any contractual na|et|onoh|p between the DISTRICT and the Surety.
No limitation. The requirements ofthis Section pertaining tothe Performance Bond and
the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may
have under applicable law 10 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 fail to comply with any of the provisions hereof, |nthe
event CONTRACTOR should become the subject ofoproceeding under state orfederal law for
relief ofdebtors, orif CONTRACTOR makes onassignment forthebeneO1oforeditom,[)|STR)CT
shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or
CMSD A-2 Agreement
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
AGREEMENT. DISTRICT eheU have the right, without prejudice to any other right orremedy it
may have, to provide such mmebadg|e and labor, ormake good such deficiencies as DISTRICT
may deem expedient after three (3) day notice in writing, delivered or mailed to CONTRACTOR
at his |ou1 eddnaoo on file with DISTRICT, and C[)NTF<ACTC}F< 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
orinpart edits convenience. |nsuch event DISTRICT shall compensate CONTRACTOR, sub|eot
to deduction for previous payments and authorized deductions, by: U\ reimbursing
CONTRACTOR for all actual expenditures and costs incurred in pedbnn�.g under this
AGREEMENT, (ii) reimbursing CONTRACTOR for all expenditures made and costs incurred with
[}|STR)CT`a prior written approval in settling or discharging outstanding oornrn|trnenta entered
into by CONTRACTOR in performing under this AGREEMENT, and (iii) paying CONTRACTOR
as a profit, insofar as a profit is realized hereunder, 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 even1, hovvever, will the compensation to CONTRACTOR exceed the total
AGREEMENT price |eoe payments previously made and less the AGREEMENT price of work not
terminated. Upon receipt of any notice of termination, CC)NTRA[}TC)Fl oha||, unless the notice
otherwise directs, (|) immediately discontinue the work and the placing of all orders and
subcontracts in connection with this AGREEMENT, (||) immediately oenoe| all existing orders and
subcontracts made hereunder, and (i||) immediately transfer to DISTRICT all rnater|e|a, oupp|iaa,
vvork,in-pnmoeay, appliances, haoi||t|aa, equiprnent, rnach|nery, and tools acquired by
CONTRACTOR |nconnection with the performance ofthis AGREEMENT.
CLAIM RESOLUTION
32. Resolution of Claims. For all claims that are Three Hundred Seventy -Five
Thousand Dollars ($375.0]O.00)orless, the provisions ofPublic ContnactSec
tions
et seg. (Article 1.5 - Resolution of Construction Claims) shall be followed.
33provide notice to
CONTRACTOR upon receipt of any third -party claim related to the AGREEMENT.
CONTRACT DOCUMENTS AND INTERPRETATION
34. (a) Other Documents Included. It is further agreed by the parties hereto that the
following documents are incorporated herein by reference and are to be read and construed
together as the full, complete, and integrated terrns of this AGREEMENT and, collectively with
this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS:
A.
Notice Inviting Bids
B.
Instructions toBidders
C.
General Provisions
D.
Proposal
E.
Construction Plans
CM8D A,13 Agreement
F. District Public Works Standard Plans
G. District Request for Change Order/Change Order
M. Notice toProceed
|. Labor and Materials Bond
J. Performance Bond
K. Final Closeout Agreement
(b) Interpretation of Incorl2orated 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 a contrary intent is shown. This AGREEMENT
shall be interpreted as though it had been drafted by the DISTRICT and the
CONTRACTOR equally. This AGREEMENT shall beinterpreted according tothe
|ovvs of the State of California.
35. This AGREEMENT integrates all
understandings cfthe parties. Any amendment tuthis AGREEMENT must bemade |nwriting
and signed bvthe parties with legal authority toexecute the same. CONTRACTOR |eaware 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
above, requests for additional time or compensation may be nnoda by fo||ovv|nQ the procedures
provided for )nthis AGREEMENT.
36. Effect of Invalidity. The invalidity inwhole orinpart ofany provisions hereof shall
not affect the validity of any other provision.
MISCELLANEOUS
37. aheU not discriminate
nor allow its ernp|oyeea, agontm, phncipoks, or subcontractors to discriminate against any
employee or applicant for employment on the basis of race, religious nreed, national oMg|n, 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 208].
38 comply with all
provisions of Executive Order 11246, entitled "Equal Employment Opportunity" and amended bv
Executive Order , and aasupplemented inDepartment ofLabor Regulations (41CFRpart
OO).
39. CONTRACTOR agrees to provide drug -free workplace in
accordance with 24 CFR part 24. sub -part F. Under24 CFR part 24. sub -part F.the
CONTRACTOR will provide certification inwriting that it will provide edrug-free workplace by:
(e) Publicizing e statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the workplace, and specifying the action it will bake against ennpkzvaem for
violation of such prohibition;
Ud Establishing enongoing drug -free awareness program toinform employees about:
1 . Degrees of drug abuse in the workplace;
CM8O A44 Agreement
2. The policy ofmaintaining a workplace;
3. Any available drug counoa|ing, rehabilitation, and employee assistance
programs; and
4. The penalties which may be imposed on employees for drug abuse violations
occurring in the workplace.
(c) Making itorequirement that every employee to be engaged in the performance of
the AGREEMENT begiven ocopy of the statement required bySubsection (a)|
(d) Notifying employees in the statement required by Subsection (e)that oeecondition
ofemployment under the AGREEMENT the employee will:
1. Abide bvthe term ofthe statement; and
2. Notify the employer in writing of any conviction fora violation of chrnine/ drug
statute occurring in the workplace no later than five (5) calendar days after
such conviction.
(e) Notifying DISTRICT inwriting within ten M0calendar days after receiving notice
under Subsection (d)(2) from an employee or otherwise receiving actual notice of
such conviction. Ernpkmgr of said convicted employee nnuo1 provide noUoe,
including conviction title, to the DISTRICT;
0 Taking one of the following actions. within Uhirty(30) calendar days of receiving
notice under Subsection (d)(2).with respect to any employee who iaaoconvicted:
1. Taking appropriate action against such an annp|oyea, up to and including
tanninot|on, consistent with the requirements of the Rehabilitation Act of 1873,
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,
ata\e, or local health. \ovv enforcenlant, orother appropriate agency.
(g) Making o good faith effort to continue to maintain o drug -free vvmrkp|000 through
40. Permits. The CONTRACTOR aheU obtain from the DISTRICT, County' City,
Sta1a, orother responsible public oAamciea all licenses and pannito` and pay all fees related
thereto, necessary 1ocomplete the job.
41. Assignment. No assignmentbvthe CONTRACTOR ofthis AGREEMENT orany
port 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.
42. Safety and Site Condition. CONTRACTOR shall perform all operations with due
regard for safety and in strict compliance with all applicable |ovva relating thereto. It shall be
C[>NTRACTCJR'o responsibility to keep the site /n a o|ean, neet, 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 to California Government Code Section 4215.
44. Trenching. If this AGREEMENT involves digging trenches orother excavations
CIVISD A4S Agreement
that extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and
before the following conditions are disturbed, notify the DISTRICT in writing, of any:
(a) 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 a (]|aaa |' Class || or Class ||| disposal site in accordance with
provisions of existing |evv.
(b) Subsurface orlatent physical conditions otthe site differing from those indicated.
(c) Unknown physical conditions otthe 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 waste, and cause a decrease or increase in the
C{]NTRACTOF<'ocost of, orthe time required for, performance ofany part ofthe work shall issue
a change order in accordance with the procedures described in this AGREEMENT.
In the event that a dispute arises between the DISTRICT and the CONTRACTOR as to
whether the conditions materially differ, or involve hazardous vvaste, or cause a decrease 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 shall proceed with all work to be performed under the AGREEMENT. The
CONTRACTOR mheU retain any and all rights provided either bythis AGREEMENT or by |ovv
vvNoh pertain to the resolution of disputes and protests between the contracting parties provided
ided
that CONTRACTOR complies with Section 21when asserting such claim.
45. Notices. The parties hereto ognso 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
2BOPaularnoAvenue
Costa Mesa, CA 92626
CONTRACTOR: GC|Construction, Inc.
1O31CaUeRecodo.Suite [)
San Clemente, CA 9267
46. Gratuities. CONTRACTOR warrants that neither it nor any of its employeea,
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 hohas noblood ormarriage
relationship with, and that it is not in any way associated with, any anoh|tgot, engineer orother
preponarofthe plans and specifications for this PROJECT.
48. If epp||cmb|o to this AGREEK8ENT.
CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "AnU-
CMSO A-0 Agreement
Kickback" Act (18 U.S.[}. Section 874). as supplemented in Department ofLabor ragu|ationo,
which Act provides that each contractor shall be prohibited from including, byany 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.
49. In any action or proceeding brought by either 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 ahoU excuse CC]NTRACTC}R's duty to provide DISTRICT
with a defense at C{}NTRACT[}R'o cost when DISTRICT receives e complaint, petition or other
pleading from othird party requiring DISTRICT hzdefend itself. Notwithstanding the foregoing,
costs and attorney's fees shall be available pursuant to Code of Civil Procedure Section 386.6 in
connection with an|nterp|eoder.
50. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code,
in entering into e public works contract or a subcontract to supply goods. services or materials
pursuant to o public works contract, the CONTRACTOR orsubcontractor offers and agrees to
oea|gn to the awarding body all rights, tit|e, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C). 800. 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 be made and become effective at the time the awarding
body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties.
51. SCAQMD and CARIB Compliance. CONTRACTOR agrees to comply with all
South Coast Air Quality Management District (SCAQM0and California Air Resources Board
(CARB) requirements, |no|ud1ng, but not limited to, compliance with CARB Regulations limiting
idling of self-propelled diesel -fueled on -road and off -road vehicles and equipment (25 HP and up)
to no more than five (5)oonseoutive minutes as specified in Title 13ofthe California Code of
Regulations, section 2449 (d)(3), Idling.
52. Mined Construction Materials. CONTRACTOR shall not purchase mined
construction material except from amining operation that iacurrently identified in the list published
pursuant tosubdivision (b)ofSection 2717ofthe Public Resources Code. Refer tothe current
3098 list for qualified mining operations at www. cons rv.ca gov/0 M R/a b-3098—list/cu rre nt—list.
IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date
and year first above written.
ATTEST: COSTA MESA SANITARY DISTRICT:
Ito ij,11A (L&,—
President
a_� Ael n
CMSO A,17 Agreement
District Counsel
APPROVED AS TO CONTENT:
District General Manager
CONTRACTOR:
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
By: ALA&) r-0S-fVNT>c) er-4)
CMSD A-18 Agreement
STATE OF CALIFORNIA)
ss.
COUNTY OF 0MA.-r,4- )
A rotary public or other officer
completing I
g this certificate verities only the
identity of the h-idividtial who signed the
document to which thiss cartificate is
attached, and not the trtil"'hfulness,
accuracy, or validity of that document. J.
(INDIVIDUAL}/(CORPORATION}
r said state,
personally appeared L�=3 ►� who proved
to me on the basis of satisfactory evidence to be the person} whose re subscribed
#o the within instrument and ac- owiedged to me #hat he/they executed the same in
I'Wher/their authorized capa ity(i and that by ( Dt/her their signature(s?on the instrument the
person(k, or the entity upon behalf of which the person s) acted, executed the instrument.
?,rs
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.
�otat ublic)
o r u
ANTHONY SCARPONIK
0 'Z comm. # 2297071
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
COMM. EXPIRES AUG. 7,2023,
CMSD A-19 Agreement