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/ <br />j' <br />~~ / <br />~ related to City's anticipated damages per working day after the Contract Time that #he Work is not <br />completed. Contractor will not contest such sum as being other than a true measure of damages in <br />the event those damages become payable under these provisions. <br />15. Notices. Any written notices permitted or required by this contract shall be deemed given when <br />personally delivered, or five days after deposit in the United States mail, postage fully prepaid, <br />certified, return receipt requested, addressed to the representatives of the parties as set forth below or <br />when delivered by electronically confirmed facsimile transmission to the FAX address. and attention of <br />the representatives of the parties set for below: <br />~ <br />Contractor: William R. Coburn, TSI Department Manager <br />EC Company <br />32758 Old Hwy. 34 SE <br />Albany, OR 97321 <br />City: Mark Schoening, City Engineer <br />City of Eugene <br />858 Pearl Street <br />Eugene, OR 97401 • <br />FAX:541-682-8410 <br />or such other address as either party may provide to the other by notice given in accordance with <br />this provision. <br />16. Contract Documents/lnterpretation. Where possible, all parts of the Contract shall be interpreted <br />in a manner that avoids conflict between the various documents and their provisions. In the event <br />that any provision of this Document conflicts with any provision of the Specifications, the provision that <br />is most detailed shatl prevail. In the event that any other component part of the Contract conflicts with <br />any provision of any other component part, the precedence of documents shall be as set forth in the <br />Standard Specifications. <br />17. Governing Law. This contract shall be governed by and interpreted in accordance with the laws of <br />the State of Oregon. The parties to this contract do not intend to confer on any third party any rights <br />under this contract. <br />18. Dispute Resolution. <br />18.1. Arbitration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation <br />shall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation <br />to arbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to <br />the complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to <br />36.425; Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court <br />supplemental local rules concerning arbitration. Either party may seek, and shall be entitled to, <br />an order directing the other party to submit to arbitration as provided herein and to judgment for <br />its costs, expenses and attorney fees in obtaining and enforcing the order, provided that, neither <br />party shall be required to arbitrate a dispute if all necessary parties cannot be joir~ed in the <br />arbitration. <br />In any litigation, the entire text of any order or permit issued by a governmental or regulatory <br />authority, as well as any documents referenced or incorporated therein by reference, shall be <br />admissible for the purpose of contract interpretation. <br />18.2. Construction of Contract. This Agreement shall not be construed against either party <br />regardless of which party drafted it. Other than as modified by the Agreement, the applicable <br />rules of contract construction and evidence shall apply. This Agreement shall be governed by <br />_ _--- -_ _ _ _ <br />-- - <br />Public Improvement Contractfo~Use~ev~t~i ~regon Standard Specifications - Page 4 __ <br />__ __---- _ _ ._. _ - -- <br />(Revised February 2004) ~ <br />