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CITY OF SANTA ANA EXHIBIT 3 <br />CONSTRUCTION CONTRACT AGREEMENT <br />PROJECT NO.: 16-2658 <br />Santa Ana Zoo Giant Riser Otter & Primate Trails <br />This CONSTRUCTION CONTRACT is made and entered into this 2nd day of November, 2021 by and <br />between the City of Santa Ana, California, a charter city and municipal corporation organized and existing <br />tinder the Constitution and laws of the State of California (hereinafter "CITY"), and HYM Engineering <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 Santa Ana Zoo Giant River Otter & Primate Trails (hereinafter <br />referred 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 Five Million Two Hundred Eighty -Nine <br />Thousand Two Hundred Thirty -Eight and No Cents ($5,289,238), as set forth and identified in the <br />BID PROPOSAL, which is attached hereto and incorporated herein as "Exhibit A." <br />The BID PROPOSAL contains a schedule of unit price(s) or lump sums) 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 />1 of 3 <br />