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r <br />13.1. If Contractor is a nonresident contractor and the Contract Amount exceeds $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 />contract. <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 preceding 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 />Cade, 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: Stephen Frey, Assistant Secretary <br />Morse Bros., Inc. dba Knife River <br />32260 Old Highway 34 <br />Tangent, OR 97389 <br />Telephone: 541-928-6491 <br />Facsimile: 541-689-6605 <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 />Public Improvement Contract for Use with Oregon Standard Specifications -Page 4 <br />(Revised October 2008) <br />