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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />PROJECT NO.: 16-7566 <br />RAITT MYRTLE PARK <br />1 of 3 <br />This CONSTRUCTION CONTRACT is made and entered into this 21st day of September, 2021 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 CEM <br />Construction (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 <br />satisfaction of the City Engineer of the CITY, the Raitt and Myrtle Park Project (hereinafter referred <br />to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contracts <br />Documents prepared by the City’s Public Works Agency and approved by the City Council. <br />2. <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 Two Million Seven Hundred Seventy Six <br />Thousand Four Hundred Six and No Cents ($2,776,406), 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 <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 />EXHIBIT 3