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C 7 <br />.~~ <br />BETWEEN: <br />AND: <br />CONTRACT NO <br />JOB NO.: <br />PROJECT: <br />PUBLIC IMPROVEMENT CONTRACT: FOR USE WITH <br />OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION <br />The City of Eugene, an Oregon <br />Municipal Corporation (City) <br />Babb Construction Co. dba Delta Const. Co. (Contractor) <br />Delta Concrete <br />2009-00007 <br />4535 <br />PINE CANYON DRIVE STORMWATER IMPROVEMENT BETWEEN PINE <br />CANYON DRIVE AND E. 38T" AVENUE <br />RECITALS <br />Contractor was the successful bidder for the contract construction of the public improvement <br />project described in the plans and specifications for the project that were included in the bid documents <br />and the Oregon Standard Specifications for Construction which form apart of this contract. <br />AGREEMENT <br />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 definition <br />of the "Contract" under the 2002 Oregon Standard Specifications-for Construction issued by the <br />Oregon Department of Transportation, as modified by the City's Amendments to the Specifications, <br />Supplemental Specifications for the Project and any other Special Provisions included in the Bid <br />Documents (all specifications and Special Provisions included in the Contract are collectively referred <br />to herein as the "Specifications"). In addition, the Contract between the City and Contractor shall be <br />deemed to incorporate all reports, records, laws, rules and orders referenced in the Contract <br />documents. <br />This Document includes and incorporates the following Exhibits: <br />Exhibit A -City's Standard Conditions for Public Works Contracts <br />Exhibit B -Proposal Documents <br />Exhibit C -Certificate of Bidder/Contractor Employee Drug Testing Program <br />2. Definitions. Unless otherwise specifically defined in this Document, all capitalized terms which are <br />not proper nouns shall have the meanings assigned thereto in the Specifications. <br />3. Project. The project is generally described as: <br />PINE CANYON DRIVE STORMWATER IMPROVEMENT BETWEEN PINE CANYON DRIVE <br />AND E. 38T" AVENUE <br />4. 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 Specifications, <br />as the same may be modified in accordance with the Contract, and to construct the improvement <br />Public Improvement Contract for Use with Oregon Standard Specifications -Page 1 <br />(Revised February 2004) <br />ORIGINAL <br />