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25E - AGMT - JOINT USE AND REIMBURSEMENT FOR WILLARD INTERMEDIATE
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25E - AGMT - JOINT USE AND REIMBURSEMENT FOR WILLARD INTERMEDIATE
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Last modified
1/3/2012 3:39:54 PM
Creation date
9/29/2011 3:12:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25E
Date
10/3/2011
Destruction Year
2016
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F. Prevailing Wage. District shall require that its contractor(s) for construction of the Facilities pay <br />prevailing wage. Additionally, the District shall implement a Labor Compliance Program as described in <br />California Labor Code § 1771.5. <br />G. Insurance/Bonding. <br />1. With respect to performance of work under this Agreement, District shall require that Contractor shall <br />maintain and shall require its subcontractors, if any, to maintain insurance as described below: <br />a. Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of <br />not less than $1,000,000 per accident. <br />b. Commercial general liability insurance, which shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Consultant's operations in the performance of the <br />contract, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the following: single limit coverage applying to bodily and personal injury, including death resulting <br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the <br />aggregate. Such insurance shall (a) name the District and the City, their officers, employees, agents, <br />volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to <br />insurance or self-insurance programs maintained by the District and/or the City; and (c) contain standard <br />separation of insureds provisions. <br />Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to <br />commencement of work under this Agreement, which certificates shall clearly evidence all coverage required <br />above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' <br />prior written notice to District; and (b) maintain such insurance from the time work first commences until <br />completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to <br />completion of work under this Agreement. <br />2. District shall require Contractor to post performance and payment bonds to cover the entire construction <br />period. <br />H. Access to Records. <br />City and the DPR and/or their representatives shall have access for purposes of monitoring, auditing, and <br />examining District's activities and performance, to books, documents and papers, and the right to examine <br />records of District's subcontractors, bookkeepers and accountants, employees and participants in regard to said <br />program. City and the DPR and/or their representatives shall also schedule on-site monitoring at their <br />discretion. Monitoring activities may also include, but are not limited to, questioning employees and <br />participants in said program and entering any premises or any site in which any of the services or activities <br />funded hereunder is conducted or in which any of the records of District are kept. Nothing herein shall be <br />construed to require access to any privileged or confidential information as set forth in federal or state law. <br />I. Use of Facilities. <br />1. District acknowledges that the City has applied for and received grant funds through California <br />Proposition 84, and that the Facilities which will be developed with such Prop 84 funds shall have <br />operating hours consistent with the times proposed in the City Grant Application, and be open to <br />members of the public, unless otherwise granted permission by the DPR. <br />2. The District agrees that any Facilities developed with Prop 84 funds shall be used only for the purposes <br />of the grant and consistent with the Grant Scope referenced in the City's Grant Application unless prior <br />written approval is given by the State. <br />3. The District agrees to use the Facilities developed under this Agreement only for the purposes of the <br />grant and no other use, sale, or other disposition shall be permitted except as authorized by a specific <br />Uonstruction Reimbursement Agreement - City of Santa Ana/SAUSD - Willard Facilities Page 6 <br />25E-16
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