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1 <br /> ' CITY OF EVERETT,WASHINGTON <br /> CONTRACT <br /> THIS CONTRACT is made and entered into this .P.,atlay of 0MM13 , 20,11,by and between the <br /> City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington <br /> (the "City") and (2-u a <br /> ' tA) itscck®N ( "Contractor"). <br /> 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 construct <br /> in a workmanlike manner the work, improvements, and appurtenances in accordance with the <br /> Specifications and Plans and all other Contract Documents entitled: t sr ,fct rues►,.3 irApizov (the <br /> "Project"). <br /> 1. Contract Documents. This Contract is the written agreement signed between the City and Contractor <br /> and includes Division C — CONTRACT, Division P - PROPOSAL, Division B — BID ITEM <br /> DESCRIPTIONS, Special Provisions, Contract Plans, Standard Specifications, Standard Plans in effect as <br /> of the date Bids are opened,Addenda,supplemental agreements,change orders,certifications and affidavits <br /> required by this Contract and by law, and Federal requirements that apply to this Contract and Project, all <br /> of which are referred to as the "Contract Documents" and all of which are hereby incorporated by <br /> reference. <br /> ' 2. Contract Time. Substantial completion shall be achieved one hundred twenty(120)calendar days after <br /> the effective date of the Notice to Proceed. Physical completion shall be thirty(30) calendar days after the <br /> actual date of issuance of substantial completion. <br /> 3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional expense <br /> in the event that the Contractor does not complete the work in all respects and have it ready for use by the <br /> completion date stated. Because it is difficult to accurately compute the amount of such costs and damages, <br /> the Contractor hereby covenants and agrees to pay to the City liquidated damages as computed in Section <br /> 1-08.9 of the Standard Specifications, as may be amended by the Special Provisions, for each and every <br /> calendar day required to accomplish physical completion of the work in excess of the period established <br /> above for physical completion. <br /> 4. Contract Sum. The amount of this Contract is � � <br /> ($ -------- ) and is based on the proposal/bid submitted by Contractor dated <br /> a` o`7- and is inclusive of Washington state sales tax. The basis for final payment will be <br /> the actual amount of work performed according to the Contract Documents and payments, whether partial <br /> or final, shall be made as specified therein. <br /> 5. Withholding. Five percent(5%) of amounts due Contractor shall be retained and withheld to ensure to <br /> comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as required by law or (B) <br /> sixty (60) days after completion of all contract work if there are no claims against the retained funds. In <br /> addition to the amounts 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 sufficient to pay any <br /> claim against the Contractor of which the City may have knowledge and regardless of the informalities of <br /> notice of such claim arising out of the performance of this Contract. The City may withhold the amount <br /> until either the Contractor secures a written release from the claimant, obtains a court decision that such <br /> I <br /> POE Combined Sewer Main Imp. Division C—CONTRACT Addendum No. 1 <br /> Work Order#UP3768 SP-35 <br />