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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: Sperry Tree Care (Contractor) <br />CONTRACT NO.: 2004 -23 <br />JOB NO.: 3693 <br />PROJECT: TREE REMOVAL ON PORTIONS OF RIVER AVENUE FROM 200 FEET EAST <br />OF RIVER ROAD TO 150 FEET WEST OF BELTLINE HIGHWAY <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 City's Supplemental <br />Standard Specifications, Supplemental Specifications for the Project and any other Special <br />Provisions included in the Bid Documents (all specifications and Special Provisions included in the <br />Contract are collectively referred to herein as the "Specifications"). In addition, the Contract <br />between the City and Contractor shall be deemed to incorporate all reports, records, laws, rules <br />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 -Contractor's Bid, including pay items and pricing. <br />Exhibit C -Drug Testing <br />Exhibit D -Special Provisions <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 Pertormed. 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 />{jam, which Contractor shall commence, prosecute and complete the Work is described in the <br />Specifications. <br />Public Improvement Contract for Use with Oregon Standard Specifications-Page 1 0 R { G I N A L <br />(Revised February, 2004} <br />