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4. CONTRACTOR agrees to complete the WORK OF IMI'ROVI-.MF.NT within the time specified in
<br />the Time for Completion of Tmprovements section of the BIT) PROPOSAT. (Fahibit --A") including
<br />commencing construction within the timeframc: therein specified after issuance ofallotice. to Procecd.
<br />5- Thc. 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 />0- fl applicable, the CONTRACTOR shall adhere to the CITY'S Corrnnunity Wol"klorCC Agreement
<br />(CWA), a pre -hire collective bargaining agreenrenl, 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 detciibed in the CWA. The CWA may be found on the Cily's website
<br />at: http://www,.same.-ana.orQ/pw i/documetit,,/C WA. pdf
<br />T 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 (1001/,,) of the Contract price, to guaranteee. the Iaithlid
<br />performance of the work (Performance Bond), and one in the amount of One 111.1ndred Percent (100%)
<br />of the Contract price to guarantee payment of all claim; for labor and materials furnished (payment
<br />Flon(l). This Contract shall not become el7ecrive until such hoods are supplied to and approved by the
<br />CITY.
<br />R- CONTRACTOR shall, prior to the release of the perRrrnrance kind payment bonds or the retention
<br />payment, furnish a warranty perfornnancc and paymcm 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 (5500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars (S 10,000)
<br />or Twenty Percent (20°/) of the final contract price. For projects above Five Hundred Thousand
<br />Dollars ($500,000), the. Wan -arty Bond anunmt shall be the greater of One Hundred Thousand Dollars
<br />(S100,000) or Ten Percent (10%) of the final contract price.
<br />9- CONTRACTOR shall, alter award of this Contract, furnish Certificates of Liability Insurance and
<br />Worker's Curnpersalion Irsnrartce as outlined in Flit Gencral Provisions, tube approved by the CITY.
<br />10. INDEMNIFICATION.
<br />To the fullest extcut allowed by law, CONTRACTOR and its Subcontractors hereby agree to detetld,
<br />indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
<br />employees, representatives and volunteers (hereinafler collectively referred to as "Indenutitees"),
<br />through legal counsel acceptable to CTTY, liom and against any liability, claims, actions, costs,
<br />darnaacs or losses, including reasonable costs and attorncy's tees, for injury, including death to an-y
<br />person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
<br />of the following:
<br />fit Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
<br />Subcontractors of any lower tier:
<br />(ii) Pp•tormance or nonperformance by CONTRACTOR or its Subcontractors of any louver tier,
<br />orally orthe of ligalions under the C:ontacl Documents;
<br />City Council 11 — 63 5/18/2021
<br />Page 2 of 3
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