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<br />Beverly Lake Water Quality Retrofit Division C - CONTRACT August 2023 <br />Work Order # UP3745 SP – 37 <br /> <br />CITY OF EVERETT, WASHINGTON <br /> <br />CONTRACT <br />THIS CONTRACT is made and entered into this _____ day of _____________, 20__, by and <br />between the City of Everett, Washington, a municipal corporation existing under the laws of <br />the State of Washington (the “City”) and <br />_______________________________________________________, a <br />______________________________________ ( “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 in a <br />workmanlike manner the work, improvements, and appurtenances in accordance with the <br />Specifications and Plans and all other Contract Documents entitled: “ ” (the <br />“Project”). <br />1. Contract Documents. This Contract is the written agreement signed between the City <br />and Contractor and includes Division C – CONTRACT, Division P - PROPOSAL, Division B – BID <br />ITEM DESCRIPTIONS, Special Provisions, Contract Plans, Standard Specifications, Standard <br />Plans in effect as of the date Bids are opened, Addenda, supplemental agreements, change <br />orders, certifications and affidavits required by this Contract and by law, and Federal <br />requirements that apply to this Contract and Project, all of which are referred to as <br />the “Contract Documents” and all of which are hereby incorporated by reference. The <br />Contract Documents are as posted for the Project on Builder’s Exchange of Washington <br />(www.bxwa.com) as of the Bid Opening Date. The complete set of these posted documents <br />as a single pdf as of Bid Opening Date is maintained by the City Clerk’s Office and is available <br />as follows: <br />Link to PDF <br />Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to <br />signing this Contract. City and Contractor agree that this pdf contains all Contract Documents <br />as of the Bid Opening Date. City and Contractor further agree that this pdf may contain some <br />other documents (such as Reference Information) that are not Contract Documents. <br />2. Contract Time. Substantial completion shall be achieved within sixty-five ( 65 ) working <br />days after the effective date of the Notice to Proceed. Physical completion shall be within <br />eighty (80) working days after the actual date of issuance of substantial completion. <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 <br />and have it ready for use by the substantial completion date stated. Because it is difficult to <br />accurately compute the amount of such costs and damages, the Contractor hereby covenants <br />and agrees to pay to the City liquidated damages as computed in Section 1-08.9 of the <br />Standard Specifications, as may be amended by the Special Provisions, for each and every <br />working day required to accomplish substantial completion of the work in excess of the period <br />established above for substantial completion. For overruns in contract time occurring after the <br />physical completion date, liquidated damages shall be assessed at the rate computed in <br />Section 1-08.9 of the Standard Specifications, as may be amended by the Special Provisions, <br />until the work is physically complete.