Specifications RFQ 2010200077 Sidewalk Access

New Search

paragraph 15 and any other relief available to City resulting from the Contractor's breach shall survive a termination of the Contract. Liquidated Damages 14. . In the event the Work is not completed within the time as specified, the Contractor will pay to City liquidated damages as listed in the Specifications. The parties believe that due to the costs of bringing an action and the difficulty of establishing the exact amount of damages City will incur, it would be inconvenient and infeasible for City to bring an action for the actual damages it will incur because of Contractor's failure to complete the Work within the number of Work days. In order to compensate City for the damages City will suffer because of a delay, the parties have estimated the amount City would be damaged for every working day completion is delayed. The parties believe that the sum set as liquidated damages is reasonably related to City's anticipated damages per working day after the Work days that the Work is not completed. Contractor will not contest such sum as being other than a true measure of damages in the event those damages become payable under these provisions. Notices 15. . Any written notices permitted or required by this contract shall be deemed given when personally delivered, or five days after deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to the representatives of the parties as set forth below or when delivered by electronically confirmed facsimile transmission to the FAX address and attention of the representatives of the parties set for below: Contractor: __________, Project Superintendent __________ __________ __________ City: __________, City of Eugene or such other address as either party may provide to the other by notice given in accordance with this provision. Contract Documents/Interpretation. 16. Where possible, all parts of the Contract shall be interpreted in a manner that avoids conflict between the various documents and their provisions. In the event that any provision of this Document conflicts with any provision of the Specifications, the provision that is most detailed shall prevail. In the event that any other component part of the Contract conflicts with any provision of any other component part, the precedence of documents shall be as set forth in the Supplemental Standard Specifications. Governing Law 17. . This contract shall be governed by and interpreted in accordance with the laws of the State of Oregon. The parties to this contract do not intend to confer on any third party any rights under this contract. Dispute Resolution. 18. Arbitration 18.1. . Litigation of a claim that cannot be resolved by negotiation or voluntary mediation shall be initiated by filing a complaint in the Lane County Circuit Court that contains a stipulation to arbitration under ORS 36.410. The claim and all cross and counter-claims filed in response to the complaint shall be submitted to the Court Arbitration Program set forth in ORS 36.400 to 36.425, Chapter 13 of the Oregon Uniform Trial Court rules and the Lane County Circuit Court supplemental local rules concerning arbitration. Either party may seek, and shall be entitled to, an order directing the other party to submit to arbitration as provided herein and to judgment for its costs, expenses and attorney fees in obtaining and enforcing the order, provided that, neither party shall be required to arbitrate a dispute if all necessary parties cannot be joined in the arbitration. Public Improvement Contract for Use with Oregon Standard Specifications – Page 4 (Revised February 2004)