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I <br /> I <br /> CITY OF EVERETT, WASHINGTON <br /> DIVISION C - CONTRACT <br /> THIS CONTRACT is made and entered into this i-{ "day of t.GCE.01gEA , 2019, by and between <br /> the City of Everett, Washington, a municipal corporation existing under the laws of the State of <br /> Washington, hereinafter called <br /> 1 the "City," and <br /> OPO t�NSzRVc �o�tR-+oR-TKw�S"f TI-3C.-- a <br /> tns A.SNti46-r� toRQo fkPrn a ti ,hereinafter called the "Contractor." <br /> I In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish <br /> all labor, tools, materials, equipment, and supplies required to build and construct and to build and <br /> construct in a workmanlike manner the work, improvements, and appurtenances in accordance with the <br /> ISpecifications and Plans entitled: WATERMAIN REPLACEMENT"U"-UP3698 (the "Project"). <br /> 1. Contract Documents. The following documents ("Contract Documents") are incorporated by <br /> reference and are hereby made a part of this Contract: <br /> I <br /> A. Notice to Contractors <br /> I B. Instructions to Bidders (if any) <br /> C. Washington State Department of Transportation Standard Specifications 2016 as modified <br /> by all amendments thereto as of the date of bid opening of this Project ("Standard <br /> I Specifications"). <br /> D. Special Provisions <br /> E. Plans, Drawings and Project Specifications <br /> IF. Addenda(if any) <br /> G. Payment Bond and Performance Bond <br /> IH. Contractor's Proposal/Bid (conformed copy dated 1 ( ' Ia-,r2Ol\ ) <br /> I. All provisions required by law whether set forth and reproduced herein or not <br /> I 2. Time for Completion. Substantial completion for work required under Schedule A-Watermain shall <br /> be achieved within 100 working days of the effective date of the Notice to Proceed. Physical completion <br /> for each Schedule shall be within 20 working days of the actual date of issuance of substantial completion <br /> Iof each Schedule. <br /> 3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional expense <br /> I in the event that the Contractor does not complete the work in all respects and have it ready for use by the <br /> substantial completion date stated. Because it is difficult to accurately compute the amount of such costs <br /> and damages, the Contractor hereby covenants and agrees to pay to the City liquidated damages as <br /> computed in Section 1-08.9 of the Standard Specifications, for each and every working day required to <br /> I accomplish substantial completion of the work in excess of the period established above for substantial <br /> completion.For overruns in contract time occurring after the physical completion date,liquidated damages <br /> shall be assessed at the rate of ten percent(10%)of the amount computed in Section 1-08.9 of the Standard <br /> ISpecifications until the work is physically complete. <br /> 4. Contract Amount. The amount of this Contract is 1/ 661 8:,6 32,90 <br /> ($ - ) and is based on the proposal/bid submitted by Contractor dated <br /> II(-la_ a43icl . The basis for final payment will be the actual amount of work performed according <br /> to the Contract Documents and payments, whether partial or final, shall be made as specified therein. <br /> I 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure <br /> the timely and faithful completion of the work and to comply with RCW Chap. 60.28. Releases of retained <br /> I Watermain Replacement"U" Division C -CONTRACT October 1, 2019 <br /> WO No. - UP3698 SP-31 <br />