Laserfiche WebLink
City of Everett 00 5213 - 2 <br /> 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20 <br /> stated above. 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 <br /> damages for each and every calendar day in the amounts set forth in this Section. For <br /> failure to achieve Substantial Completion by the Substantial Completion date stated <br /> above, the Contractor shall pay liquidated damages to the City computed at the daily <br /> rate of fifteen percent (15%) of the Contract Sum multiplied by the number of days that it <br /> took the Contractor to achieve Substantial Completion that exceeded Contract Time <br /> divided by the number of days of Contract Time stated above. Once Substantial <br /> Completion is achieved, for failure to achieve Physical Completion by the Physical <br /> Completion Date stated above, the Contractor shall pay liquidated damages at the daily <br /> rate of ten percent (10%) of the liquidated damages rate applicable to delays to <br /> Substantial Completion. <br /> 4. Contract Sum. The amount of this Contract is <br /> 1 u3� 3 0, --�aa , <br /> ($ ) and is based on the proposal/bid <br /> submitted by Contractor dated la-15-aaao The basis for final payment will be the <br /> actual amount of work performed according to the Contract Documents and payments, <br /> whether partial or final, shall be made as specified therein. If, and to the extent, <br /> payment (in whole or in part) is based upon unit prices multiplied by quantities of work <br /> actually performed, the total amount paid to the Contractor may be less than Contract <br /> Sum stated herein and the Contractor agrees to execute one or more change orders in <br /> such event. In no event shall the total amount paid Contractor exceed the Contract <br /> Sum stated herein, unless the Contract amount has first been increased by'one or more <br /> Change Orders signed by the City. The City may, in its sole discretion, withhold <br /> amounts from payments otherwise due as offsets or back charges for expenses, <br /> damages, liquidated damages or costs for which the Contractor is liable for not to <br /> exceed 10% of the total amount of the contract. If the City chooses not to offset or <br /> deduct any such expenses, damages, liquidated damages or costs from one or more <br /> payments or return of retainage, the City does not waive its claim for such damages and <br /> hereby expressly reserves its right to assert a claim against the Contractor for such <br /> damages. <br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and <br /> withheld to ensure to comply with RCW Chap. 60.28. Retained amounts shall only be <br /> released: (A) as required by law or (B) sixty (60) days after completion of all contract <br /> work if there are no claims against the retained funds. In addition to the amounts <br /> required by RCW 60.28 to be withheld from the progress or retained percentage <br /> payments to the Contractor, the City may, in its sole discretion, withhold any amounts <br /> sufficient to pay any claim against the Contractor of which the City may have knowledge <br /> and regardless of the informalities of notice of such claim arising out of the performance <br /> of this contract. The City may withhold the amount until either the Contractor secures a <br /> written release from the claimant, obtains a court decision that such claim is without <br /> merit, or satisfies any judgment in favor of the claimant on such claim. The City shall <br /> not be liable for interest during the period the funds are so held. <br /> 00 5213 - 2 AGREEMENT FORM <br />