GJN4514 C&M Contract - Laserfiche WebLink

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14. Liquidated Damages. In the event the Work is not completed within the contract time as specified in the Contract Documents, Contractor will pay to City liquidated damages as specified in the Specifications. The parties believe that due to the costs of bringing an action and the difficulty of establishing the exact amount of damages City will incur, it would be inconvenient and infeasible for City to bring an action for the actual damages it will incur because of Contractor's failure to complete the Work within the Contract Time. In order to compensate City for the damages City will suffer because of a delay, the parties have estimated the amount City would be damaged for every working day completion is delayed. The parties believe that the sum set as liquidated damages is reasonably related to City's anticipated damages per working day after the Contract Time that the Work is not completed. Contractor will not contest such sum as being other than a true measure of damages in the event those damages become payable under these provisions. 15. Notices. Any written notices permitted or required by this contract shall be deemed given when personally delivered, or five days after deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to the representatives of the parties as set forth below or when delivered by electronically confirmed facsimile transmission to the FAX address and attention of the representatives of the part'ies set for below: Contractor: Conrad A. Sproul, President C & M Construction, Inc. 21287 SW Oregon Street Sherwood, OR 97140 Fax: 503-625-5079 City: Mark Schoening, City Engineer City of Eugene 858 Pearl Street Eugene, OR 97401 FAX: 541-682-8410 or such other address as either party may provide to the other by notice given in accordance with this provision. 16. Contract Documents/Interpretation. Where possible, all parts of the Contract shall be interpreted in a manner that avoids conflict between the various documents and their provisions. In the event that any provision of this Document conflicts with any provision of the Specifications, the provision that is most detailed shall prevail. In the event that any other component part of the Contract conflicts with any provision of any other component part, the precedence of documents shall be as set forth in the Standard Specifications: 17. Governing Law: This contract shall be governed by and interpreted in accordance with the laws of the State of Oregon. The parties to this contract do not intend to confer on any third party any rights under this contract. 18. Dispute Resolution. 18.1. Arbitration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation shall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation to arbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to the complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court supplemental local rules concerning arbitration. Either party may seek, and shall be entitled to, an order directing the other party to submit to arbitration as provided herein. and to judgment for its costs, expenses and attorney fees in obtaining and enforcing the order, provided that, neither Public Improve,ment Contract for Use with Oregon Standard Specifications - Page 4 (Revised February 2004)