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City of Everett Inductive Charging Infrastructure for Eclipse Mill Park 00 52 13 - 1 <br /> SECTION 00 5213 - AGREEMENT FORM <br /> CONTRACT <br /> THIS CONTRACT is made and entered into this day of , , by <br /> and between the City of Everett, Washington, a municipal corporation existing under the <br /> laws of the State of Washington (the "City") and <br /> VA I de m C0.f, s (c,ACk cD n Inc . , (the "Contractor"). <br /> In consideration of the sums to be paid to it by the City, Contractor hereby covenants and <br /> agrees to furnish all labor, tools, materials, equipment, and supplies required to complete <br /> in a workmanlike manner the work, improvements, and appurtenances in accordance with <br /> the Specifications and Drawings and all other Contract Documents entitled: "Inductive <br /> Charging Infrastructure for Eclipse Mill Park", (the "Project"). <br /> 1. Contract Documents. The "Contract Documents" are defined in the General <br /> Conditions. The Contract Documents are part of this Contract and are hereby <br /> incorporated by reference. Terms that are capitalized in a Contract Document but not <br /> defined in that Contract Document shall have the meaning defined to them in the other <br /> Contract Documents. <br /> 2. Contract Time. Substantial Completion of the Work shall be achieved within <br /> Three Hundred Sixty-Five (365) calendar days after the effective date of the Notice to <br /> Proceed. Physical Completion shall be within Thirty (30) calendar days after the actual <br /> date of issuance of Substantial Completion. <br /> 3. Liquidated Damages. The parties agree the City will suffer damage and be put <br /> to additional expense in the event that the Contractor does not complete the Work in all <br /> respects and have it ready for use by the Substantial and Physical Completion dates <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 (or working day, if Contract Time is <br /> described in working days) in the amounts set forth in this Section. For failure to <br /> achieve Substantial Completion by the Substantial Completion date stated above, the <br /> Contractor shall pay liquidated damages to the City computed at the daily rate of fifteen <br /> percent (15%) of the Contract Sum divided by the number of days of Contract Time <br /> stated above. Once Substantial Completion is achieved, for failure to achieve Physical <br /> Completion by the Physical Completion Date stated above, the Contractor shall pay <br /> liquidated damages at the daily rate of ten percent (10%) of the liquidated damages rate <br /> applicable to delays to Substantial Completion. <br /> 4. Contract Sum. The Contract Sum of this Contract is: <br /> 00 52 13 - 1 AGREEMENT FORM <br />