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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES CITY OF SANTA ANA <br />CTRA-X CONSTRUCTION CONTRACT <br />CITY CLERK <br />DATE: PROJECT 20-6963; ATPSBIL-5063(199) <br />KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS <br />�P1,0A(2xAvyI'his CONSTRUCTION CONTRACT is made and entered into this 18th day of April, 2023 by and <br />between the City of Santa Ana, California, a charter city and municipal corporation organized and existing <br />(M ivy under the Constitution and laws of the State of California (hereinafter "CITY"), and Diamond <br />JJ Construction & Design (hereinafter "CONTRACTOR"). <br />N WITNESSETH: <br />0 <br />N <br />r• The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: <br />0 <br />z 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and <br />expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction <br />of the City Engineer of the CITY, the Kennedy Elementary And Villa Fundamental Intermediate SRTS <br />(hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with <br />the Contract Documents prepared by the City's Public Works Agency and approved by the City <br />Council. <br />2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard <br />Specifications for Public Works Construction and which include the following: <br />• Notice Inviting Bids <br />• Information to Bidders <br />• Bid Proposal <br />• Bid Bond <br />• Contract Form <br />• Contract Bonds <br />• General Provisions <br />• Special Provisions <br />• Technical Provisions and Project Plans <br />• Community Workforce Agreement <br />• Appendices <br />In case of conflict between the Contract Documents, the precedence of documents shall be as <br />established in the Standard Specifications for Public Works Construction. <br />3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF <br />IMPROVEMENT the sum total amount not to exceed One Million Three Hundred Seventy Four <br />Thousand One Hundred Forty Nine Dollars and Eighty Cents ($1,374,149.80), as set forth and <br />identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." <br />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 />rev. 03/08/2023 Page 1 of 3 <br />