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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CITY OF SANTA ANA <br />CLERK OF COUNCIL <br />DATE: <br />0: PuJR(90*1'Xt+6*6I lo)FA- <br />PROJECT NO.: 16-7566 <br />RAITT — MYRTLE PARK <br />This CONSTRUCTION CONTRACT is made and entered into this 21" 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 />c�a <br />a <br />cv <br />Nr WITNESSETH: <br />v The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: <br />0 <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. 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 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 />I of 3 <br />