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~l? <br /> 1 + <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 an <br /> educational service district. City shall satisfy itself that the requirement of this paragraph <br /> has been complied with before City issues a final payment on a public contract. . <br /> 13.2. As used in this paragraph, "nonresidenficontractor" means a contractor that: (A) has not <br /> paid unemployment taxes or income taxes in the state of Oregon during the 12 calendar <br /> months immediately preceding submission of the bid for the contract, (B) does not have <br /> a business address in this state and (C) stated in the bid for the contract that it was not <br /> 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 public <br /> contracts, or if Contractor knowingly files false affidavits or certificates of compliance required <br /> under the Contract, Contractor shall waive for a period of one year any right to bid upon any <br /> public improvement project let by City. City's claims for damages and any, other equitable <br /> relief available to City resulting from Contractor's breach shall survive a termination of the <br /> 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: Scott Pellecer, President <br /> Camrock Excavation, Inc. <br /> PO Box 644 <br /> Gresham, OR 97030 <br /> Telephone: 503-665-0560 <br /> Facsimile: 503-665-0436 <br /> City: Mark Schoening, City Engineer <br /> City of Eugene <br /> 99 E Broadway, Suite 400 <br /> Eugene, OR 97401 <br /> Telephone: 541-682-5560 . <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 /> I; 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. Iri the event that any provision of this Document conflicts with any provision of the <br /> ~I Specifications, the provision that is most detailed shall prevail. In the event that any other <br /> component part of the Contract conflicts with any provision of any other component part, the <br /> precedence of documents shall be as set forth in the General Conditions. <br /> <br /> i' . <br /> Employee Drug Testing Program--Page 4 <br /> (Revised April 2005) <br /> <br />