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GJN4594 H&J Construction 2009-00024
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GJN4594 H&J Construction 2009-00024
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Last modified
10/19/2011 11:41:03 AM
Creation date
6/29/2009 2:40:48 PM
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PW_Capital
PW_Document_Type_Capital
Contracts
PW_Active
No
External_View
No
GJN
004594
GL_Project_Number
995265
COE_Contract_Number
2009-00024
Retention_Destruction_Date
2/17/2021
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contract and such other information. as the Department of Revenue may require be#ore <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 req~airement.of this <br /> paragraph has been complied with before City issues a firial 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 tanemployment taxes or income#axes in, the sta#e 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 terrtinate <br /> the Contractand 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 /> <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 terming#ion ~ . <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 furtherspecified <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 iri 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: <br /> _ Telephone: <br /> Facsimile: <br /> City: ~ Mark Schoening, City Engineer <br /> City of Eugene <br /> 99 E Broadway, Suite 400 <br /> Eugene, OR 97401 <br /> Telephoner-541-682-529.1 <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 /> theSpecificatians, the provision that is most detailed shall prevail. In the event that any <br /> other component part of the Contract conflicts with any provision of any other component <br /> . ~ part; the precedence of documents shall be as set forth in the General Conditions: <br /> Public Irnpcovement Contract for Use with- Oregon. Standard.Specifications -.Page 4 <br /> (Revised October 2008) <br /> <br />
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