PUBLIC IMPROVEMENT CONTRACT FOR USE WITH <br />OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION <br />BETWEEN: The City of Eugene, an Oregon <br />Municipal Corporation <br />AND: Emery and Sons Construction, Inc. <br />CONTRACT NO.: 2008-00025 <br />JOB NO.: 3984 <br />PROJECT: POLK STREET WATER QUALITY VAULT <br />RECITALS <br />(City) <br />(Contractor) <br />Contractor was'the successful bidder for the contract construction of the public improvement . <br />project described in the plans and specifications for the project that were included in the bid documents <br />and the Oregon Standard Specifications for Construction which form a part of this contract. <br />AGREEMENT <br />1. The Contract. The Contract between the City and Contractor (the "Contract") .includes this <br />Document and its exhibits, together with all of the documents and materials included in the definition <br />of the "Contract" under the 2002 Oregon Standard Specifications for Construction issued by the <br />Oregon Department of Transportation, as modified by the City's Amendments to the Specifications, <br />Supplemental Specifications for the Project and any other Special Provisions included in the Bid <br />Documents (all specifications and Special Provisions included in the Contract are collectively referred <br />to herein as the "Specifications"). In addition, the Contract between the City and Contractor shall be <br />deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract <br />documents. <br />This Document includes and incorporates the following Exhibits: <br />Exhibit A -City's Standard Conditions for Public Works Contracts <br />Exhibit B -Proposal Documents <br />Exhibit C -Certificate of Bidder/Contractor Employee Drug Testing Program <br />2. Definitions. Unless otherwise specifically defined. in this Document, all capitalized terms which are <br />not proper nouns shall have the meanings assigned thereto in the Specifications. <br />3. Project. The project is generally described as: <br />POLK STREET WATER QUALITY VAULT <br />Work to be Performed. Contractor agrees to furnish, as the "Work" all services, labor, materials <br />and equipment which are described as the Contractor's responsibility in the Plans and <br />Specifications, as the same may be modified in accordance with the Contract, and to construct <br />the improvement described therein (the Project), all according to the provisions of the Contract. <br />All parts of the Work are the sole responsibility of Contractor. <br />ORIGINAL <br />Public Improvement Contract for Use with Oregon Standard Specifications -Page. 7 <br />(Revised February 2004) <br />