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E -8 Certificate A: Certificate of Bidder Equal Employment
<br />Certificate B: Section 3 & Contractor Eligibility Data, page 1 & 2
<br />Certificate C: Statement of Workforce Needs, page 1 & 2
<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 />4. Work to be Performed. Contractor agrees to furnish, as the Work all services, labor, materials and
<br />equipment which are described as the Contractor's responsibility in the Plans and Specifications, as
<br />the same may be modified in accordance with the Contract, and to construct the improvement
<br />described therein (the Project), all according to the provisions of the Contract. All parts of the Work
<br />are the sole responsibility of Contractor.
<br />5. Time of Commencement and Completion. Time is of the Essence of the Contract. The time in
<br />which Contractor shall commence, prosecute and complete the Work is described in the
<br />Specifications.
<br />6. Contract Sum. The Contract Sum is $59,982.00 and 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 Contractor's Bid attached hereto, Including Alternates "A," "B," and "C ". The actual
<br />sum payable to Contractor for the Work shall be based on lump sum amounts and actual quantities,
<br />as 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 with City
<br />a statement, under oath, that it has complied with all provisions of State law governing contractors on
<br />a public contract and that it has complied with the provisions of the Eugene Code governing fair
<br />employment practices. In addition, Contractor shall file with City a sworn statement by each of its
<br />subcontractors to the same effect.
<br />8. Indemnification. Contractor shall indemnify and hold City, and its officers, agents and employees,
<br />harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs
<br />of defense, arising out of or in any way related to the Work, Contractor's failure to strictly comply with
<br />any provision of the Contract, or any other actions or failure to act by Contractor and Contractor's
<br />employees, agents, officers, representatives and subcontractors. In the event any such action or
<br />claim is brought against City, Contractor shall, if City so elects and upon tender by City, defend the
<br />same at Contractor's sole cost and expense, promptly satisfy any judgment adverse to City or to City
<br />and Contractor, jointly, and reimburse City for any loss, cost, damage or expense, including attorney
<br />fees, suffered or incurred by City.
<br />9. Insurance. Contractor shall maintain in force for the duration of this contract the insurance coverage
<br />specified below. Each policy required by these provisions shall be written as a primary policy, not
<br />contributing with or in excess of any coverage which City may carry. A copy of each policy or a
<br />certificate satisfactory to City shall be delivered to City prior to commencement of the Work. Unless
<br />otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance
<br />carrier licensed to do business in the state of Oregon and shall contain an endorsement entitling City
<br />to not less than 30 days prior written notice of any material change, nonrenewal or cancellation. In
<br />the event the statutory limit of liability of a public body for claims arising out of a single accident or
<br />occurrence is increased above the combined single limit coverage requirements specified below, City
<br />shall have the right to require Contractor to increase the Contractor's coverage to the statutory limit
<br />for such claims and to increase the aggregate coverage to twice the amount of the statutory limit.
<br />The adequacy of all insurance required by these provisions shall be subject to approval by City's Risk
<br />Manager. Failure to maintain any insurance coverage required by this contract shall be cause for
<br />immediate termination of this contract by City.
<br />Public Improvement Contract for Use with Oregon Standard Specifications — Page 2
<br />(Revised February 2004)
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