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The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
<br /> quantities only, and the City does not expressly or by implication agree that the actual amount of work
<br /> will correspond therewith, hut reserves the right to increase or decrease the amount of any class or
<br /> portion of the work or to omit portions of the work as may be deemed necessary or advisable.
<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 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 CW A. The CWA may be found on the City's website
<br /> at: http://www.santa-ana.urg/pwa/documents/C:W A.pd
<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:
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