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EVERETT CITY <br /> WASHINGTON CITY OF EVERETT, WASHINGTON <br /> CONTRACT <br /> THIS CONTRACT is made and entered into this ("7� day of A /'i/ , 20 Z, by and between the <br /> City of Everett, a Washington municipal corporation (the "City"), and PrimeCom USA, LLC_(the <br /> "Contractor"). <br /> In consideration of the sums to be paid to it by the City, the Contractor hereby covenants and agrees to <br /> furnish all labor,tools, materials, equipment, and supplies required to build and construct in <br /> accordance with the Contract Documents the work, improvements, and appurtenances set forth in the <br /> Invitation to Quote entitled: <br /> CHAIN-LINK FENCE, GATE &AUTOMATED OPERATOR INSTALLATION - FOREST PARK <br /> 802 E. MUKILTEO BLVD, EVERETT, WA <br /> The entire work, improvements, and appurtenances set forth in such Invitation to Quote is referred to <br /> herein as either the "Work" or the "Project." <br /> 1. Contract Documents. The following documents ("Contract Documents") are <br /> incorporated by reference and are hereby made a part of this Contract: <br /> • Invitation for Quote and addenda thereto, including without limitation <br /> Instructions, General Conditions,Specifications, Contractor Commitment and Information, Price Sheet, <br /> Certification of Compliance, MWDBE Affidavit, Contractor References, and any other document <br /> included in the Invitation to Quote. <br /> • Change Orders (if any) <br /> • All provisions required by law. <br /> A purchase order issued as a Notice to Proceed is only a Contract Document as a Notice to Proceed. <br /> Such purchase order's pre-printed terms and conditions are not part of the Contract. <br /> If there is any inconsistency in the parts of the Contract Documents,then the most stringent on the <br /> Contractor applies, unless the City's authorized representative determines otherwise in writing. The <br /> Work required in one part must be furnished even if not mentioned in other parts of the Contract. <br /> These parts complement each other in describing the complete Work. Any requirement in one part <br /> binds as if stated in all parts. The Contractor shall provide any work or materials clearly implied in the <br /> Contract even if the Contract does not mention it specifically. <br /> 2. Contract Time. The Work shall be physically complete in all respects within forty-five <br /> (45) calendar days from the date of issuance of the Notice to Proceed. <br /> 3. Liquidated Damages. The parties agree the City will suffer damage and be put to <br /> additional expense in the event that the Contractor does not complete the Work in all respects and <br /> have it ready for use by the physical completion date stated above. Because it is difficult to accurately <br /> compute the amount of such costs and damages,the Contractor hereby covenants and agrees to pay <br /> to the City liquidated damages for each and every calendar day in the amounts set forth in this Section <br /> unless a different calculation for liquidated damages is provided elsewhere in the Contract Documents. <br /> For failure to achieve physical completion by the physical completion date stated above,the <br />