GJN4402 Scott Brown Contract - Laserfiche WebLink

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I establis ing the exact amount of damages City will incur, it would be inconvenient and infeasible for or the actual dams es it will incur because of Contractor's failure to complete n action f in a 9 Cit to b Y 9 the Wor within the Contract Time. In order to compensate City for the damages City will suffer becaus of a delay, the parties have estimated the amount City would be damaged for every working day com letion is delayed. The parties believe that the sum set as liquidated damages is reasonably related t City's anticipated damages'per working day after the Contract Time that the Work is not complet d. Contractor will not contest such sum as being other than a true measure of damages in the eve t those damages become payable under these provisions. 15. Notices Any written notices permitted or required by this contract shall be deemed given when ~ ~ person ly 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 d livered by electronically confirmed facsimile transmission to the FAX address and attention of the repr sentatives of the parties set for below: Co tractor: Scott Brown, President Scott Brown Construction Inc. ~ 550 S. 67~' Street j Springfield, OR 97478 Phone:541-726-7706 Ci Mark Schoening, City Engineer City of Eugene 858 Pearl Street Eugene, OR 97401 I FAX: 541-682-8410 or uch other address as either party may provide to the other by notice given in accordance with thi provision. ~ 16. Contr ct Documents/Interpretation. Where possible, all parts of the Contract shall be interpreted ~ in a m nner that avoids conflict between the various documents and their provisions. In the event that a y provision of this Document conflicts with any provision of the Specifications, the provision that ~ is mos detailed shall prevail. In the event that any other component part of the Contract conflicts with any pr vision of any other component part, the precedence of documents shall be as set forth in the Stand rd Specifications. 17. Gove Wing Law. This contract shall be governed by and interpreted in accordance with the laws of the St to of Oregon. The parties to this contract do not intend to confer on any third party any rights under this contract. 18. Disp a Resolution. 18.1. rbitration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation hall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation o arbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to he complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to 6.425, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court upplemental local rules concerning arbitration. Either party may seek, and shall be entitled to, n 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 party shall be required to arbitrate a dispute if all necessary parties cannot be joined in the arbitration. I Public Improvement Contrad for Use with Oregon Standard Specifications -Page 4 (Revised F$bruary 2004)