GJN3825 Murphy Harris Contract - Laserfiche WebLink

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23.3.6. issue Contractor a change order setting for the additional work that must be undertaken. 23.4. In the event City terminates the contract under 23.3.1 or 23.1.1, Contractor shall be entitled to all costs and expenses incurred to date of the termination, including overhead and reasonable profits, on the percentage of the work completed. Contractor shall not be entitled to profits on the uncompleted portion of the contract. If City chooses to issue a change order as set out at 23.3.6 above, or to terminate the contract as set out at 23.3.1 above, it shall have access to Contractor's documentation used to prepare Contractor's bid when making its determination of the additional compensation due. 24. Default and Willful ~olatlon. If the Contractor willfully violates any of the provisions of Sections 4.615 to 4.650 of the Eugene Code, 1971, or any of the provisions of State law governing public contracts, or if Contractor knowingly files false affidavits of compliance required undec paragraph 6, Contractor shall waive for a period of one year any right to bid upon any public improvement project let by City. If Contractor or any of Contractor's subcontractors violates any 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 pertormance 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 forteit 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 by the Completion Date 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 by the Completion Date. In order to compensate i 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 Completion Date 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. i ~6. 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 conducted 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. -- 27. Notices. Any notices permitted or required by this contract shall be deemed given when I, personally delivered or upon deposit in the United States mail, postage fully prepaid, j certified, return receipt requested, addressed to: Contractor: Rob Harris The Murphey Harris Company, Inc. Public Improvement Contract (Comp) -Page 9 (Revised April 1998)