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IYVVhi'S UL.d,. ,1LI_ <br />WORK MMNOT PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT <br />PROJECT 22-7533 <br />RESIDENTIAL STREET REPAIR PROGRAM <br />This CONSTRUCTION CONTRACT is made and entered into this 5th day of April, 2022 by and between <br />the City of Santa Ana, California, a charter city and municipal corporation organized and existing under <br />CIAthe Constitution and laws of the State of California (hereinafter "CITY"), and Diamond Construction and <br />N Design (hereinafter "CONTRACTOR'). <br />c� <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 fumish 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 Residential Street Repair Program (hereinafter referred to as the <br />"WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents <br />prepared by the City's Public Works Agency and approved by the City 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 Seven Hundred Thirty Eight Thousand Six <br />Hundred Eleven Dollars and No Cents ($738,611.00), as set forth and identified in the BID <br />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.09/012ov. Page 1 of 3 <br />