GJN3825 Eugene Sand & Gravel Contract

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such provisions or files any such false affidavits of compliance, or in the event Contractor otherwise fails to perform any of its obligations under this contract, time and quality of performance being of the essence, City may, at its option, terminate this contract upon written notice to Contractor. In the event of a termination of this contract or a subcontract under these provisions, Contractor or the subcontractor, if applicable, shall forfeit all rights under this contract or the subcontract, as the case may be. The City's claim for damages under paragraph 25 and any other relief available to City resulting from the Contractor's breach shall survive a termination of this contract. 25. Liquidated Damages. In the event the Work is not completed within the Work days as specified in paragraph 2, Contractor will pay to City liquidated damages as specified in the bid proposal. 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 number of Work days. 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 Work days 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. 26. Arbitration. All claims or disputes between City and Contractor arising out of or related to the Work or this contract shall be decided by arbitration conduct ed in accordance with the construction industry arbitration rules of the American Arbitration Association unless the parties agree otherwise. The parties shall bear equally the administrative fees of the American Arbitration Association and the fees of the arbitrator. ~rr 27. Notices. Any notices permitted or required by this contract shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Contractor: Dale Fortner Eugene Sand & Gravel, Inc. P.O. Box 1067 Eugene, OR 97440 City: Russ Mecredy, Project Manager City of Eugene Facility Management Divison 210 Cheshire Avenue Eugene, OR 97401 or such other address as either party may provide to the other by notice given in accordance with this provision. 28. Contract Documents/Interpretation. This contract, together with the other documents enumerated below, which are hereby incorporated by reference, forms the entire contract between the parties hereto. ]n the event that any provision of any component part of this contract conflicts Public Improvement Contract (Work}-Page 10 (Revised April 1998)