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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />CITY CLERK PROJECT NO.: 20-6964 <br />?Wh <br />o')" <br />oJAN " 9 2024 FREMONT ELEMENTARY AND SPURGEON INTERMEDIATE SRTS <br />0'. ltn <br />Cra.Ha,.N ne,tAIF' <br />This CONSTRUC'RON CONTRACT is made and entered into this 181h day of July, 2023 by and <br />between the City of Santa Ana, California, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Onyx <br />Paving Company, Inc. (hereinafter "CONTRACTOR"). <br />WITNESSETH: <br />The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: <br />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 <br />satisfaction of the City Engineer of the CITY, the Fremont Elementary and Spurgeon Intermediate <br />SRTS Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in <br />accordance with the Contract Documents prepared by the City's Public Works Agency and approved <br />by the City Council. <br />2. The complete Construction Contract consists of the "Contract Documents" as defined by the <br />Standard 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 <br />OF IMPROVEMENT the sum total amount not to exceed Five Million Two Hundred and Four <br />Dollars and No Cents ($5,204,000.00), as set forth and identified in the BID PROPOSAL, which is <br />attached hereto and incorporated herein as Exhibit "A." <br />The BID PROPOSAL contains a schedule of unit price(s) or Iump sum(s) based on approximate <br />quantities only, and the City does not expressly or by implication agree that the actual amount of <br />work will correspond therewith, but reserves the right to increase or decrease the amount of any <br />---class- or -portion -of -the-work or -to -omit portions--of-the-work-as-may-be-deemed-necessary-or-- — <br />advisable. <br />I of3 <br />