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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 Proceed.
<br />5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
<br />OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
<br />such work as set forth in the wage determinations for this work in accordance with applicable State
<br />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 website
<br />at: http://www.santa-ana.org_/pwa/documents/CWA.pdf
<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 amount of One Hundred Percent (100%)
<br />of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
<br />Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
<br />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 Thousand
<br />Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
<br />or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
<br />Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
<br />($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 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 "Indemnitees"),
<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, any
<br />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 />of any of the obligations under the Contract Documents;
<br />(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
<br />on the project site or on other properties;
<br />(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
<br />tier, for Work of Improvement performed on or off the project site; and
<br />(v) Any personal injury, property damage or economic loss to third persons related to and arising
<br />from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
<br />lower tier, of the Work of Improvement.
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