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City of Santa Ana
<br />Agreement No.: D2202006
<br />Project No.: 3010038-002C
<br />Page 34 of 49
<br />In the event of any damage to or destruction of the System caused by the perils covered by such
<br />insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the
<br />damaged or destroyed portion of the System. The Recipient must begin such reconstruction, repair or
<br />replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses
<br />in connection with such reconstruction, repair or replacement so that the same must be completed and
<br />the System must be free and clear of all claims and liens. If such net proceeds are insufficient to
<br />reconstruct, repair, or restore the System to the extent necessary to enable the Recipient to pay all
<br />remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this
<br />Agreement, the Recipient must provide additional funds to restore or replace the damaged portions of the
<br />System.
<br />Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it
<br />will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be
<br />issued showing the State Water Board, its officers, agents, employees, and servants as additional
<br />insured; and must provide the Division with a copy of all such certificates prior to the commencement of
<br />construction of the Project.
<br />C.3.27 Permits, Subcontracting, and Remedies
<br />Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work
<br />contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental
<br />to the due and lawful prosecution of the work. Signed copies of any such permits or licenses must be
<br />submitted to the Division before any construction begins.
<br />The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not
<br />contract with any party who is debarred or suspended or otherwise excluded from or ineligible for
<br />participation in any work overseen, directed, funded, or administered by the State Water Board program
<br />for which this funding is authorized. For any work related to this Agreement, the Recipient must not
<br />contract with any individual or organization on the State Water Board's List of Disqualified Businesses
<br />and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for
<br />participation in any work overseen, directed, funded, or administered by the State Water Board program
<br />for which funding under this Agreement is authorized. The State Water Board's List of Disqualified
<br />Businesses and Persons is located at
<br />http:Owww.waterboards.ca.gov/water issues/programs/enforcement/fwa/dbo.shtml
<br />C.3.28 Professionals
<br />The Recipient agrees that only licensed professionals will be used to perform services under this
<br />Agreement where such services are called for. All technical reports required pursuant to this Agreement
<br />that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper
<br />application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction
<br />of persons registered to practice in California pursuant to Business and Professions Code, sections
<br />5536.1, 6735, 7835. and 7835,1, To demonstrate compliance with California Code of Regulations, title 16,
<br />sections 415 and 3065, all technical reports must contain a statement of the qualifications of the
<br />responsible registered professional(s), As required by these laws, completed technical reports must bear
<br />the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly
<br />attributed to the professional responsible for the work.
<br />C,3.29 Prevailing Wages.
<br />The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing
<br />wages. The Recipient must monitor all agreements subject to reimbursement from this Agreement to
<br />ensure that the prevailing wage provisions of the State Labor Code are being met.
<br />Exhibit C
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