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Last modified
4/25/2022 9:08:17 AM
Creation date
12/20/2021 10:08:48 AM
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Contracts
Company Name
NOBEST INCORPORATED
Contract #
P 22-7537
Agency
Public Works
Council Approval Date
12/7/2021
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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />PROJECT NO,: 22-7537 <br />Local Street Curb Ramp Improvements <br />4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in <br />the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including <br />commencing construction within the timeframe therein specified after issuance of a Notice to <br />Proceed. <br />5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the <br />WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage <br />established for such work as set forth in the wage determinations for this work in accordance with <br />applicable State and Federal law, <br />6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement <br />(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and <br />procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF <br />IMPROVEMENT as more fully described in the CWA, The CWA may be found on the City's <br />website at: <br />http://www.santa-ana org/l)wa/documents/CWA.ndf <br />7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, <br />one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful <br />performance of the work (Performance Bond), and one in the amotmt of One Hundred Percent <br />(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished <br />(Payment Bond). This Contract shall not become effective until such bonds are supplied to and <br />approved by the CITY. <br />8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention <br />Payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond <br />shall also be required as a condition of project acceptance. For projects up to Five Hundred <br />Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand <br />Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five <br />Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One <br />Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. <br />9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and <br />Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the <br />CITY. <br />10. INDEMNIFICATION. <br />To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, <br />indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, <br />employees, representatives and volunteers (hereinafter collectively referred to as "hrdemnitees"), <br />through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, <br />damages or losses, including reasonable costs and attorney's fees, for injury, including death to any <br />person or damage to any property, arising directly or indirectly from, or in any manner relating to, <br />any of the following: <br />(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its <br />Subcontractors of any lower tier; <br />(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, <br />2 of 3 <br />
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