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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT <br />PROJECT 22-6622 <br />DOWNTOWN FLOOD REDUCTION AND STORMWATER INFILTRATION <br />This CONSTRUCTION CONTRACT is made and entered into this 21" day of March, 2023 by and <br />between the City of Santa Ana, California, a charter city and municipal corporation organized and existing <br />under the Constitution and laws of the State of California (hereinafter "CITY'), and GMZ Engineering, <br />Inc. (hereinafter "CONTRACTOR"). <br />WITNESSETH: <br />The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: <br />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 Downtown Flood. Reduction and Stormwater Infiltration Project <br />(hereinafter referred to as the "WORD 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 />• 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 Four Million, Six Hundred Forty -Two <br />Thousand, Six Hundred Forty -Four Dollars and No Cents ($4,642,644.00), as set forth and identified <br />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 />Page 1 of 3 <br />