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_ - - - <br /> <br /> 4 ~ <br /> PUBLIC IMPROVEMENT CONTRACT FOR USE WITH <br /> OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION <br /> BETWEEN: The City of Eugene, an Oregon <br /> Municipal Corporation (City) <br /> AND: Henderson Land Services LLC (Contractor) <br /> CONTRACT NO.: 2005-32 <br /> JOB NO.: 4243 <br /> PROJECT: DELTA PONDS VEGETATION ENHANCEMENT AT 450 GOODPASTURE <br /> ISLAND ROAD <br /> RECITALS <br /> Contractor was the successful bidder for the contract construction of the improvement ("Project") <br /> described in this Public Improvement Contract for use with Oregon Standard Specifications for <br /> Construction (this "Document"). <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 <br /> definition of the "Contract" under the 2002 Oregon Standard Specifications for Construction <br /> issued by the Oregon Department of Transportation, as modified by the Supplemental and Special <br /> Specifications. In addition, the Contract between the City and Contractor shall be deemed to <br /> incorporate all reports, records, laws, rules and orders referenced in the Contract documents. <br /> This Document includes and incorporates the following Exhibits: <br /> Exhibit A -City's Standard Conditions for Public Works Contracts <br /> Exhibit B -Drug Testing <br /> Bid Proposal Documents <br /> 2. Definitions. Unless otherwise specifically defined in this Document, all capitalized terms which <br /> are not proper nouns shall have the meanings assigned thereto in the Specifications. <br /> 3. 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 /> 4. Time of Commencement and Completion. Time is of the Essence of the Contract. The time in <br /> which Contractor shall commence, prosecute and complete the Work is described in the <br /> Specifications. <br /> 5. Contract Sum. The Contract Sum is $157,107.00 and consists of unit prices bid by Contractor <br /> multiplied by estimated quantities, together with lump sum amounts for portions of the Work, as <br /> described on the Contractor's Bid attached hereto. The actual sum payable to Contractor for the <br /> Work shall be based on lump sum amounts and actual quantities, as modified by Change Orders <br /> Public Improvement Contract for Use with Oregon Standard Specifications--Page 1 O R ! G ~ N n <br /> (Revised February 2004} t ~ 1 V ' v <br /> <br />