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19 CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT <br />Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard <br />Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street <br />Project No. 14-6811: Memory Lane from Main Street to North City Limit <br />3. CITY agrees to pay and CONTRACTOR agrees to accept in Rill payment to complete the <br />PROJECT the sum total amount of $1,342,612.13, as set forth and identified in the BID <br />PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID <br />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 <br />amount of work will correspond therewith, but reserves the right to increase or decrease the <br />amount of any class or portion of the work or to omit portions of the work as may be deemed <br />necessary or advisable. Accordingly, this contract is subject to an additional 16.98% <br />contingency amount to be expended only at the written direction of the Executive Director of <br />Public Works or his designee for additional services required due to unforeseen <br />circumstances. <br />4. CONTRACTOR agrees to complete the PROJECT within the time specified in the Time for <br />Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including <br />commencing constriction 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 <br />the PROJECT 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 <br />State and Federal law. <br />6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the <br />CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee <br />the faithful performance of the work (Performance Bond), and one in the amount of One <br />Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor <br />and materials furnished (Payment Bond). This Contract shall not become effective until such <br />bonds are supplied to and approved by the CITY. <br />7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish <br />a Warranty Payment and Performance bond to be approved by the CITY, in the amount of <br />Twenty -Five Percent (25%) of the Contract price, to warrant the work done under said <br />Contract Agreement against material or quality defects for a period of one year after <br />acceptance by the CITY. <br />S. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability <br />Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be <br />approved by the CITY. <br />Page 2 of 3 <br />