McClure & Sons Inc. 4/18/2022 - Laserfiche WebLink

I I SECTION 00 5213 AGREEMENT FORM ICONTRACT THIS CONTRACT is made and entered into this 30 day of rP1,t$ C-1-► ,d0 ), by and between the City of Everett, Washington, a municipal corporation existing under the laws of the I State of Washington, hereinafter called the "City," and MCC-Lou:: ('sj O SvNS r_w_ , hereinafter called the "Contractor." 1 In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish all labor, tools, materials, equipment, and supplies required to build and construct and to build and construct in a workmanlike manner the Work, improvements, and appurtenances in I accordance with the Specifications and Drawings entitled: "Evergreen Pump Station Modifications" (the "Project"). I 1. Contract Documents. "Contract Documents" is defined in Section 00 72 00 - GENERAL CONDITIONS. Terms that are capitalized in a Contract Document but not defined in that Contract Document shall have the meaning defined to them in the other Contract Documents. I2. Contract Time. Substantial Completion of the Work shall be achieved within three hundred sixty five (365) calendar days after the effective date of the Notice to Proceed. I Physical Completion shall be within Thirty (30) calendar days after the actual date of issuance of substantial completion. 3. Liquidated Damages. The parties agree the City will suffer damage and be put to 1 additional expense in the event that the Contractor does not complete the Work in all respects and have it ready for use by the Substantial and Physical Completion dates stated above. Because it is difficult to accurately compute the amount of such costs and damages, the I Contractor hereby covenants and agrees to pay to the City liquidated damages for each and every calendar day (or working day, if Contract Time is described in working days) in the amounts set forth in this Section. For failure to achieve Substantial Completion by the I Substantial Completion date stated above, the Contractor shall pay liquidated damages to the City computed at the daily rate of fifteen percent (15%) of the Contract Sum divided by the number of days of Contract Time stated above. Once Substantial Completion is achieved, for I failure to achieve Physical Completion by the Physical Completion Date stated above, the Contractor shall pay liquidated damages at the daily rate of ten percent (10%) of the liquidated damages rate applicable to delays to Substantial Completion. I4. Contract Sum. The amount of this Contract is H1 KO) IS 2.9 o and is based on the'proposal/bid submitted by I Contractor dated 41-I l -,�1,,. The basis for final payment will be the actual amount of work performed according to the Contract Documents and payments, whether partial or final, shall be made as specified therein. If, and to the extent, payment (in whole or in part) is based upon unit prices multiplied by quantities of work actually performed, the total amount paid to the I Contractor may be less than Contract Sum stated herein and the Contractor agrees to execute one or more change orders in such event. In no event shall the total amount paid Contractor exceed the Contract Sum stated herein, unless the Contract amount has first been increased by ICity of Everett 00 52 13-1 January 2022 Evergreen Pump Station Modifications I UP3747-3