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r <br />' ~' to profits on the uncompleted portion of the contract. If City chooses to issue a change order <br />as set out at 23.3.6 above, or to terminate the contract as set out at 23.3.1 above, it shall have <br />,,. access to Contractor's documentation used to prepare Contractor's bid when making its <br />determination of the additional compensation due. <br />23. Default and Willful Violation. If the Contractor willfully violates any of the provisions of <br />Sections 4.615 to 4.650 of the Eugene Code, 1971, or any of the provisions of State law governing <br />public contracts, or if Contractor knowingly files false affidavits of compliance required under <br />paragraph 6, Contractor shall waive for a period of one year any right to bid upon any public <br />improvement project let by City. If Contractor or any of Contractor's subcontractors violates any <br />such provisions or files any such false affidavits of compliance, or in the event Contractor <br />otherwise fails to perform any of its obligations under this contract, time and quality of <br />performance being of the essence, City may, at its option, terminate this contract upon written <br />notice to Contractor. In the event of a termination of this contract or a subcontract under these <br />provisions, Contractor or the subcontractor, if applicable, shall forfeit all rights under this contract <br />or the subcontract, as the case maybe. The City's claim for damages under paragraph 25 and any <br />other relief available to City resulting from the Contractor's breach shall survive a termination of <br />this contract. <br />24. Liquidated Damages. In the event the Work is not completed by the Completion Date as specified <br />in paragraph 2, Contractor will pay to City liquidated damages as specified in the bid proposal. The <br />parties believe that due to the costs of bringing an action and the difficulty of establishing the exact <br />amount of damages City will incur, it would be inconvenient and infeasible for City to bring an <br />action for the actual damages it will incur because of Contractor's failure to complete the Work by <br />the Completion Date. In order to compensate City for the damages City will suffer because of a <br />delay, the parties have estimated the amount City would be damaged for every working day <br />completion is delayed. The parties believe that the sum set as liquidated damages is reasonably <br />related to City's anticipated damages per working day after the Completion Date that the Work is <br />not completed. Contractor will not contest such sum as being other than a true measure of damages <br />in the event those damages become payable under these provisions. <br />25. Arbitration. All claims or disputes between City and Contractor arising out of or related to the <br />Work or this contract shall be decided by arbitration conducted in accordance with the construction <br />industry arbitration rules of the American Arbitration Association unless the parties agree <br />otherwise. The parties shall bear equally the administrative fees of the American Arbitration <br />Association and the fees of the arbitrator. <br />26. Notices. Any notices permitted or required by this contract shall be deemed given when personally <br />delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt <br />requested, addressed to: <br />Contractor: Chris Schoap <br />Chris Schoap Building Movers <br />PO Box 2768 <br />Eugene, OR 97402 <br />Public Improvement Contract (Comp)-Page 9 <br />(Revised April 1998) <br />