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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />]PROJECT 19-6948 (ATPSBIL-5063(195)) <br />WEST WILLITS PROTECTED BIKE LANES FROM FAIRVIEW STREET TO RAITT STREET <br />adjustment, excluding anticipated profit, will be made to the Contract. The basis for the adjustment shall <br />be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment <br />will be made either for or against the CONTRACTOR in such amount as the CITY may determine to be <br />fair and equitable. <br />If the alterations or changes in quantities do not significantly change the character of the work to be <br />performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract. <br />The term "significant change" shall be construed to apply only to the following circumstances: <br />When the character of the Work as altered differs materially in kind or nature from that <br />involved or included in the original proposed construction; or <br />When a major item of Work, as defined elsewhere in the Contract, is increased in excess <br />of 125 percent or decreased below 75 percent of the original Contract quantity. Any <br />allowance for an increase in quantity shall apply only to that portion in excess of 125 <br />percent of original Contract item quantity, or in case of a decrease below 75 percent, to <br />the actual amount of Work performed. <br />7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES <br />The Bid Proposal includes provisions for the beginning of Work, time of completion, and liquidated <br />damages. <br />8. BUY AMERICA <br />Furnish steel and iron materials to be incorporated into the Work with certificates of compliance <br />and certified mill test reports. Mill test reports must indicate where the steel and iron were melted <br />and manufactured. Steel and iron materials must be produced in the U.S. except: <br />• Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic <br />production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; <br />• If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total <br />bid or $2,500, materials produced outside the U.S. may be used. <br />Production includes: <br />• Processing steel and iron materials, including smelting or other processes that alter the physical <br />form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical <br />composition; <br />• Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances <br />the value of steel and iron materials. <br />9. QUALITY ASSURANCE <br />