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GJN4348 2009-16 Eugene Sand Const
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GJN4348 2009-16 Eugene Sand Const
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Last modified
10/18/2011 3:22:31 PM
Creation date
5/11/2009 2:09:52 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004348
GL_Project_Number
965534
Identification_Number
2009050376
COE_Contract_Number
2009-00016
Retention_Destruction_Date
10/15/2019
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1 Nonresident Contractors. <br /> 13.1. If Contractor is a nonresident contractor and the ContractAmount 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 riot 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 2T9A.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 /> pub'iic 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 /> <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 /> 1.6. 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: Tim Marcotte, Assistant Secretary <br /> Eugene Sand Construction, Inc. <br /> PO Box 1067 <br /> Eugene, OR 97440 <br /> Telephone; 541-683-5741 <br /> Facsimile: 541-683-5798 <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 /> <br />
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