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<br />EXHIBIT 3CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT <br />PROJECT NO. 19-6437, 19-6439 & 19-6440 <br />SR-55/RITCHEY STREET WATER IMPROVEMENTS <br />This CONSTRUCTION CONTRACT is made and entered into this 21st day of December, 2021 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 James W. Fowler Co. <br />(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 SR-55 Ritchey Street Water Improvements (hereinafter referred <br />to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract <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 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 Five Million Nine Hundred Twenty-Two <br />Thousand Twenty-Five Dollars and No Cents ($5,922,025.00), 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. 09/01/2017 Page 1 of 3