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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, but 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 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 /> Page 2 of 3 <br />