<br /> . PUBLIC IMPROVEMENT CONTRACT <br /> BETWEEN: The City of Eugene, an Oregon <br /> Municipal Corporation (City) <br /> AND; Grant's Landscape Service a Division of Rexius (Contractor} <br /> Forest By-Products, Inc. <br /> CONTRACT NO.: 2004-04 <br /> JOB NO.: 4028 <br /> PROJECT: OAKMONT PARK DEVELOPMENT AT 2295 OAKMONT WAY <br /> RECITALS <br /> Contractor was the successful bidder for construction of the improvement described in this contract <br /> and more specifically described in the bid documents for the project. The bid documents consist of, but <br /> are not limited to, plans, contractor's proposal, standard specifications and special specifications, all of <br /> which are on file in the office of 244 E Broadway, Eugene, Oregon (Bid Documents), and permits. <br /> AGREEMENT <br /> 1. Work to be Performed. Contractor agrees to furnish alI labor, material and equipment for and to <br /> construct the improvement listed above (the Project}, according to the Bid Documents (the "Work"). <br /> See attached Exhibit "A". <br /> 2. Time of Commencement and Completion. Contractor will commence the Work not later than 5 <br /> days after City gives its written notice to proceed, and shall complete the Work within the time <br /> stated in the bid proposal. <br /> 3. Contract Sum. The Contract Sum is $318,248.02, which 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 Bid Proposal attached hereto. The actual sum payable to Contractor for the Work <br /> shall be based on lump sum amounts and actual quantities. <br /> 4. Progress Payments/Retainage. City shall make progress payments monthly as the Work <br /> progresses. Payments shall be based upon estimates of the Work completed and approved by City. <br /> Progress payments shall not be considered an acceptance or approval of any of the Work or a waiver <br /> of any defects therein. City may reserve as retainage from progress payments an amount not to <br /> exceed five percent of the payment, Contractor shall have the right to deposit bonds or securities in <br /> lieu of cash retainage, or to have cash retainage deposited in an interest bearing account, in <br /> accordance with ORS 279.420. Irrevocable Letters of credit from a bank doing business in Oregon <br /> will be accepted in lieu of cash retainage. <br /> Public Improvement Contract (Comp)--Page 1 <br /> (Revised April 1948) p R l G~ N A L <br /> <br />