25B - AGMT - JOINT USE ROOSEVELT ELEMENTARY

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3. The District agrees that the DPR and/or City shall have the right (at its sole cost) to inspect and make copies of any books, records or reports pertaining to this Agreement or matters related thereto during regular office hours. The District shall maintain and make available for inspection by the DPR and/or City accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. Such accounts, documents, and records shall be retained by the District for five (5) years following final payment. 4. The District shall use a generally accepted accounting system that clearly records costs incurred on the Facilities and accurately reflects fiscal transactions with necessary controls and safeguards. District shall submit written project status reports within 30 calendar days after the DPR, or City has made such a request. District shall provide the City a report showing total final Project expenditures within sixty (60) days of Project completion. E. Audit. To the extent the District uses California Prop. 84 funds for the Project, the District is subject to audit by the DPR and/or City. Upon request of DPR or City, District shall provide all Project records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records requested by DPR. Additionally, District shall provide an employee having knowledge of the Project and its records to assist DPR's auditor. F. Prevailing Wage. District shall require that its contractor(s) for construction of the Facilities pay prevailing wage. Additionally, if required by applicable law, the District or the California Department of Industrial Relations shall implement a Labor Compliance Program as described in California Labor Code § 1771.5. The district shall hire a Labor Compliance Officer or shall utilize the Department of Industrial Relations' Compliance Monitoring Unit for the project to ensure all workers are paid the prevailing wage per his/her classification. The Parties intend that the costs of the Labor Compliance Officer are reimbursable construction expenses. G. Insurance/Bonding. 1. With respect to performance of work under this Agreement, District shall require that Contractor maintain and shall require its subcontractors, if any, to maintain insurance as described below: a. Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident. Commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of the contract, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the District and the City, their officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the District and/or the City; and (c) contain standard separation of insureds provisions. Contractor shall (a) furnish properly executed certificates of insurance to District and the City prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed or terminated except on thirty (30) days' prior written notice to District; and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. 2. District shall require Contractor to post performance and payment bonds to cover the entire construction period. Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 5 25B-35