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CITY OF SANTA ANA Construction Contract PROJECT NO. 13.2638 Portola Park Improvements Parking Lot, Basketball, Tennis Court Renovation This CONSTRUCTION CONTRACT is made and entered into this 4th day of August, 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and BEN'S ASPHALT, INC. hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at Its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the "Portola Park Improvements Parking Lot, Basketball, Tennis Court Renovation" identified In and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • ...Notice Inviting Bids ...Instructionsto Bidders • —Bid Proposal • ...Bid Bond • ...Contract Forms • ...Contract Bonds • ...General Provisions • ...Special Provisions • ...Technical Provisions • ...Project Plans • ...Appendices in case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete "Portola Park Improvements Parking Lot, Basketball, Tennis Court Renovation" the sum total amount not to exceed $187,146, as setforth and identified inthe BID PROPOSAL Page 1 of 3 Exhibit 3 23B -7