GJN4416 2G Contract - Laserfiche WebLink

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1 L y .4 City to b ing an action for the actual damages it will incur because of Contractor's failure to complete the Wor within the Contract Time. 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 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 even those damages become payable under these provisions. 15. Notices. Any written notices permitted or required by this contract shall be deemed given when personal y 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 de ivered by electronically confirmed facsimile transmission to the FAX address and attention of the repr sentatives of the parties set for below: j Con ractor: Frederick J. Viscardi, Jr. -President 2G Inc., dba 2G Construction PO Box 11735 Eugene, OR 97440 Phone: 541-689-3850 Fax: 541-689-3915 City: Mark Schoening, City Engineer City of Eugene 858 Pearl Street Eugene, OR 97401 FAX: 541-682-8410 ors ch other address as either party may provide to the other by notice given in accordance with this rovision. 16. Contra Documents/Interpretation. Where possible, all parts of the Contract shall be interpreted in a ma ner that avoids conflict between the various documents and their provisions. In the event that any provision of this Document conflicts with any provision of the Specifications, the provision that is most etailed shall prevail. In the event that any other component part of the Contract conflicts with any pro ision of any other component part, the precedence of documents shall be as set forth in the Standar Specifications. 17. Govern ng Law. This contract shall be governed by and interpreted in accordance with the laws of the Stat of Oregon. The parties to this contract do not intend to confer on any third party any rights under th s contract. 18. Dispute Resolution. 18.1. Ar itration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation sh II be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation to rbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to th complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to 36 425, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court su plemental local rules concerning arbitration. Either party may seek, and shall be entitled to, an 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 pa shall be required to arbitrate a dispute if all necessary parties cannot be joined in the ar itration. i i i Public Improve~ent Contract for Use with Oregon Standard Specifications -Page 4 (Revised Febru ry 2004)