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GJN 4502 Contract 2009-19
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GJN 4502 Contract 2009-19
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Last modified
5/3/2011 2:09:42 PM
Creation date
4/29/2009 4:42:13 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004502
GL_Project_Number
985084
COE_Contract_Number
2009-00019
Retention_Destruction_Date
5/3/2021
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<br /> . 13.1. 1f Contractor is a nonresidenf contractor and the Contract Amount.exceeas $10,000, <br /> Contractor shall .promptly report to the Department of Revenue on forms to be provided <br /> by the Department of Revenue the total Contract Amount, terms of payment, length of <br /> contract and such other information as the Department of Revenue may require before <br /> Contractor may receive final-payment on the public contract. City may not award a <br /> public improvement contract or a public works.contract to a nonresident bidder that is <br /> an educational service district. City shall satisfy itself that the requirement of this <br /> paragraph has been complied with before City issues a final payment on a public <br /> con#ract. <br /> 13.2. As used in this paragraph, "nonresident contractor" means a contractor that: (A) has <br /> not paid unemployment taxes or income taxes in the state of Oregon during the 12 <br /> calendar months immediately precedirig submission of "the bid for the contract, (B) does <br /> ` not have a. business address in this state and. (C) stated in the bid for the contract that it <br /> was not a "resident bidder" under ORS 279A.120. <br /> 14. ,Default; Remedies. Upon.Contractor's default or if in the public interest, City may terminate <br /> the Contract and'take all other remedial actions available to City, as further specified in the <br /> General Conditions: Without limiting the City's right to debar Contractor for up to three years, <br /> if Contractor willfully violates any of the provisions of sections 4.615 to 4:650 of the Eugene - <br /> Code, 1971 or'any of the provisions of State law or City's administrative rules governing <br /> public contracts, or if Contractor knowingly files false affidavits or certificates of compliance <br /> required under the Contract; Contractor shall waive for a period of one year any right to bid <br /> upon any public improvement project let by City. City's claims for damages and any other <br /> equitable relief available to City resulting from Contractor's breach shall survive a termination <br /> of the Contract: <br /> 15. Liquidated Damages. In the event the Work is not completed within the contract time as <br /> specified in the Contract, Contractor shall pay to City liquidated damages, as further specified <br /> in the General Conditions. <br /> "16.. Notices. Any written notices permitted or required by the Contract shall be deemed given <br /> when personally delivered, or five days after deposit in the United States mail, postage fully <br /> prepaid, certified, return receipt requested, addressed to the representatives of the parties as <br /> set forth below or when delivered by electronically confirmed facsimile .transmission to the <br /> facsimile address and attention of the representatives of the parties set for below: <br /> Contractor: Michael C. Wildish, Vice President <br /> PO Box 7428 <br /> Eugene, OR 97401 <br /> Telephone: 541-485-1700 <br /> Facsimile: 541.-683-7722 <br /> City: Mark Schoening, City Engineer <br /> City of. Eugene <br /> 99 E Broadway, Suite 400 <br /> Eugene, OR 97401 <br /> Telephone: 541-682-5291 <br /> Facsimile: 541-682-8410 <br /> or such other address and/or numbers as«either party may provide to the other by notice <br /> given in accordance with"this provision. <br /> 17. Contract Documents; Interpretation. Where possible,. all parts of the Contract shall be <br /> interpreted in a manner that avoids conflict between the various documents and their <br /> provisions. In the event that any provision of this Document conflicts with any provision of <br /> the Specifications, the provision that is most detailed shall prevail. In the event that any <br /> Public Improvement Contract for Use with Oregon. Standard .Specifications -Page 4 <br /> (Revised October 2008) <br /> <br />
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