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. , 3 ~ PUBLIC IMPROVEMENT CONTRACT FOR USE WITH OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION BETWEEN: The City of Eugene, an Oregon Municipal Corporation (City) AND: H & J Construction, Inc. (Contractor) CONTRACT NO.: 2006-09 JOB NO.: 4250 PROJECT: 36" STORMWATER PIPE ON W. 1 sT AVENUE FROM SENECA STREET TO 1,500 FEET EAST RECITALS Contractor was the successful bidder for the contract construction of the improvement ("Project") described in this Public Improvement Contract for use with Oregon Standard Specifications for Construction (this "Document"). AGREEMENT 1. The Contract. The Contract between the City and Contractor (the "Contract") includes this Document and its exhibits, together with all of the documents and materials included in the definition of the "Contract" under the 2002 Oregon Standard Specifications for Construction issued by the Oregon Department of Transportation, as modified by the Supplemental and Special Specifications. In addition, the Contract between the City and Contractor shall be deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract documents. This Document includes and incorporates the following Exhibits: Exhibit A -City's Standard Conditions for Public Works Contracts Exhibit B -Drug Testing Bid Proposal Documents 2. Definitions. Unless otherwise specifically defined in this Document, all capitalized terms which are not proper nouns shall have the meanings assigned thereto in the Specifications. 3. Work to be Performed. Contractor agrees to furnish, as the "Work" all services, labor, materials and equipment which are described as the Contractor's responsibility in the Plans and Specifications, as the same may be modified in accordance with the Contract, and to construct the improvement described therein (the Project), all according to the provisions of the Contract. All parts of the Work are the sole responsibility of Contractor. 4. Time of Commencement and Completion. Time is of the Essence of the Contract. The time in which Contractor shall commence, prosecute and complete the Work is described in the Specifications. 5. Contract Sum. The Contract Sum is $184,951.00 and consists of unit prices bid by Contractor multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as described on the Contractor's Bid attached hereto. The actual sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders Public Improvement Contract for Use with Oregon Standard Specifications--Page 1 O R ~ G j ~ A L (Revised February 2004)