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4. Work to be Performed. Contractor agrees to furnish, as the "Work," all services, labor,
<br /> materials and equipment which are described as Contractor's responsibility in the
<br /> Specifications, as the same may be modified in accordance with the Contract, and to
<br /> construct the improvement described therein (the "Project"), all according to the provisions of
<br /> the Contract. All parts of the Work are the sole responsibility of Contractor.
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<br /> ~ 5. Time of Commencement and Completion. Time is of the Essence of the Contract. The
<br /> time in which Contractor shall commence, prosecute and complete the Work is described in
<br /> the Specifications.
<br /> 6. Contract Amount. The Contract Amount is $878,656.55 and consists of unit prices bid by
<br /> Contractor multiplied by estimated quantities,. together with lump sum amounts for portions of
<br /> the Work, as described on Contractor's Bid attached hereto. The actual sum payable to
<br /> Contractor for the Work shall be based on lump sum amounts and actual quantities, as
<br /> modified by Change Orders and adjustments made in accordance with the Specifications.
<br /> Payment will be made as provided.in the Specifications.
<br /> 7. Statement of Compliance. Before any payment is made to Contractor, Contractor shall file
<br /> with City a statement, under oath, that it has complied with all provisions of State law
<br /> governing contractors on a public contract for a public improvement and for a public works
<br /> project and that it has complied with the provisions of the Eugene Code governing fair
<br /> employment practices.
<br /> 7.1. Contractor shall file with City all other documentation relating to such compliance,
<br /> including a sworn statement by each of its subcontractors to the same effect.
<br /> 7.2. During the performance of the Contract, Contractor agrees as follows:
<br /> 7.2.1. Contractor and each subcontractor agrees that it will not discriminate against any
<br /> ,employee or applicant for employment because of an individual's race, religion,
<br /> color, sex, national origin, marital status, familial status, age, sexual orientation or
<br /> source of income, a juvenile record that has been expunged pursuant to ORS
<br /> 419A.260 and 419A.262, or because an individual is a person with a disability
<br /> which, with reasonable accommodation by the employer does not prevent the
<br /> performance of the work involved, unless based upon a bona fide occupational
<br /> qualification reasonably necessary to the normal operation of the employer's
<br /> business.
<br /> 7.2.2. Contractor and all subcontractors employing 15 or more individuals will develop
<br /> and implement an affirmative action plan to insure that applicants are employed,
<br /> and that employees are treated during employment, without regard to their race,
<br /> color, sex, age or national origin. Such plan shall include, but not be limited to the
<br /> following: employment, upgrading, demotion, transfer, recruitment, recruitment
<br /> advertising, layoff or termination, rates of pay or other forms of compensation and
<br /> selection for training, including apprenticeship. .
<br /> 7.2.3. Contractor and each subcontractor agrees to post in conspicuous places,
<br /> available to employees and applicants,for employment, notices to be provided by
<br /> . the Human Rights Commission setting forth the provisions of this nondiscrimination
<br /> clause.
<br /> 7.2.4. Contractor and each subcontractor shall, prior to commencement and during the
<br /> term of the contract, provide to the City such documentation, and permit any
<br /> inspection of records as may be required or authorized by rules adopted by the city
<br /> manager to determine compliance with paragraph 7.2.1.
<br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 2
<br /> (Revised October 2008)
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