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s ~ PUBLIC IMPROVEMENT CONTRACT FOR USE WITH OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION BETWEEN: The City of Eugene, an Oregon Municipal Corporation (City) AND: KSH Construction Co. (Contractor) CONTRACT NO.: 2008-00032 JOB NO.: 4474 PROJECT: GOLDEN GARDENS PONDS IMPROVEMENTS SOUTH OF CLEAR LAKE ROAD WEST OF BELTLINE ROAD RECITALS Contractor was the successful bidder for the contract construction of the public improvement project described in the plans and specifications for the project that were included in the bid documents and the Oregon Standard Specifications for Construction which form a part of this contract. 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 City's Amendments to the Specifications, Supplemental Specifications for the Project and any other Special Provisions included in the' Bid Documents (all specifications and Special Provisions included in the Contract are collectively referred to herein as the "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 -Proposal Documents Exhibit C -Certificate of Bidder/Contractor Employee Drug Testing Program 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. Project. The project is generally described as: GOLDEN GARDENS PONDS IMPROVEMENTS SOUTH OF CLEAR LAKE ROAD WEST OF BELTLINE ROAD 4. 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. Public Improvement Contract for Use with Oregon Standard Specifications -Page 1 0 R I G ~ N A L (Revf'"2d February 2004)