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.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 /> <br /> 14. Default; Remedies. Upon Contractor's default or if in the public interest, City may termihate <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 Cityresulting from Contractor's breach shall survive a termination <br /> of the Contract. <br /> <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: Tim Marcotte; Asst. Secretary <br /> Eugene Sand Construction Inc. <br /> P.O. Box 1067 <br /> Eugene, Oregon 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 /> 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 /> 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 /> 18. Governing Law; No Third Party Beneficiaries. The Contract shall be governed by and <br /> interpreted in accordance with the laws of the State of Oregon without regard to principles of <br /> conflict of laws.-The parties to the Contract do not intend'to conferon any third party any <br /> rights under the Contract: <br /> 19. Dispute Resolution. <br /> 19.1. Disagreements; Protests; and Claims. All disagreements, protests and claims <br /> relating to the Contract, including claims for additional compensation and time for <br /> Public Improvement Contract for Use with Oregon Standard Specifications -Page 4 <br /> (Revised October 2008) <br /> <br />