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x' establishing the exact amount of damages City will, incur, it would be inconvenient and infeasible for <br /> City to bring an action for the actual damages it will- incur because of Contractor's failure to complete <br /> the Work within the Contract Time. .In order to compensate City for the damages City will suffer <br /> because of a delay, the parties have estimated the amount. City would be damaged for every working <br /> dey 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 Contract Time that the Work is not <br /> <br /> r. completed.. Contractor will not contest such sum as being other than a true measure of damages in <br /> the event those damages become payable under these provisions. <br /> 15. Notices. Any written notices permitted or required by this contract shall be deemed given when <br /> personally delivered,' or five days after deposit in the United States mail, postage fully prepaid, <br /> certified, return receipt requested, addressed to the representatives of the parties as set forth below or <br /> when delivered by electronically confirmed facsimile transmission to the FAX address and attention of <br /> the representatives of the parties set for below: <br /> Contractor: Dustin M. Smith,er~t <br /> Professional Underground Services Inc. <br /> 1205 S. Bertelsen Road <br /> Eugene, OR 97402 <br /> Phone: (541) 343-2238 <br /> City: Mark Schoening, City Engineer <br /> City of Eugene <br /> 858 Pearl Street <br /> Eugene, OR 97401 <br /> Phone: (541) 682-5560 <br /> FAX: 541-682-8410 <br /> or such other address as either party may provide to the other by notice given in accordance with <br /> .this provision. ' <br /> 16. Contract Documents/Interpretation. Where possible, all parts of the Contract shall be interpreted <br /> in a manner that avoids conflict between the various documents and their provisions. In thb event <br /> that any provision of this Document conflicts with any provision of the Specifications, the provision that <br /> is most detailed shall prevail. In the event that any other component part of the Contract conflicts with <br /> any provision of any other component part, the precedence of documents shall be as set forth in the <br /> Standard Specifications. <br /> 17. Governing Law. This contract shall be governed by and interpreted in accordance with the laws of <br /> the State of Oregon. The parties to this contract do not intend to confer on any third party any rights <br /> under this contract. <br /> 18. Dispute Resolution,. <br /> 18.1. Arbitration. Litigation of a claim that cannot be resolved by negotiation or voluntary mediation <br /> shall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation <br /> to arbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to <br /> the complaint shall be submitted to the Court Arbitration Program set forth in O.RS 36.400 to , <br /> 36.425, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court <br /> supplemental local rules concerning.arbitration. Either party may seek, and shall be entitled to, <br /> an order directing the other party to submit to arbitration as provided herein and to judgment for <br /> its costs, expenses and attorney fees in obtaining and enforcing the order, provided that, neither <br /> party shall be required to arbitrate a dispute if all necessary parties cannot be joined in the <br /> arbitration. <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 4 <br /> (Revised February 2004) <br /> <br />