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<br /> <br />1.35 LIQUIDATED DAMAGES <br />THE PARTIES AGREE THE CITY WILL SUFFER DAMAGE AND BE PUT TO ADDITIONAL EXPENSE IN THE EVENT <br />THAT THE CONTRACTOR DOES NOT COMPLETE THE WORK IN ALL RESPECTS AND HAVE IT READY FOR USE <br />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 <br />AGREES TO PAY TO THE CITY LIQUIDATED DAMAGES FOR EACH AND EVERY CALENDAR DAY IN THE <br />AMOUNTS SET FORTH IN THIS SECTION UNLESS A DIFFERENT CALCULATION FOR LIQUIDATED DAMAGES <br />IS PROVIDED ELSEWHERE IN THE CONTRACT DOCUMENTS. THIS IS NOT INTENDED TO SERVE AS A <br />PENALTY. FOR FAILURE TO ACHIEVE PHYSICAL COMPLETION BY THE PHYSICAL COMPLETION DATE <br />STATED ABOVE, THE CONTRACTOR SHALL PAY LIQUIDATED DAMAGES TO THE CITY COMPUTED AT THE <br />DAILY RATE OF FIFTEEN PERCENT (15%) OF THE CONTRACT PRICE DIVIDED BY THE NUMBER OF DAYS OF <br />CONTRACT TIME STATED ABOVE. <br />1.36 PAYMENT & PERFORMANCE BONDS <br />Unless otherwise determined by the City pursuant to RCW 39.08.010(3), the successful Contractor will be <br />required to make, execute, and deliver performance and payment bonds equal to the amount of the full <br />contract price with a surety company as surety. Award is conditioned that the successful Contractor shall <br />faithfully perform all the provisions of this contract and pay all laborers, mechanics, subcontractors, and <br />material men and all persons who supply such person or persons, or subcontractors, with provisions and <br />supplies for the carrying on of such work. The bonds shall be issued by a corporate surety acceptable to <br />the City of Everett, licensed to do business in the State of Washington, and must be filed with the City. <br />The surety must agree to be bound by the laws of the State of Washington and subject to the jurisdiction <br />of the State of Washington. The Performance Bond and separate Payment Bond must be on the forms <br />provided by the City of Everett. <br />In the event the surety becomes unacceptable to the City of Everett during the course of the Contract, <br />Contractor must, upon the City of Everett’s written request and at Contractor’s sole cost and expense, <br />obtain payment and performance bonds from another surety acceptable to the City of Everett. <br />1.37 MISCELLANEOUS <br />A. Any waiver by the City or the breach of any provision of this Contract by the Contractor will not <br />operate or be construed as a waiver of any subsequent breach by the Contractor or prevent the <br />City from enforcing any such provisions thereafter. <br />B. This Contract may not be assigned by the Contractor without the written consent of the City, <br />which consent may be withheld in the City’s sole discretion. <br />C. This Contract contains the complete and integrated understanding and Contract between the <br />parties and supersedes any understanding, agreement, or negotiation, whether oral or written, <br />not set forth herein. <br />D. Unless otherwise directed in writing by the City’s Project Manager, notices to the City must be in <br />writing and shall be delivered to the City’s Project Manager by registered or certified mail, <br />postage prepaid, or delivered by hand. Notices to the Contractor may be delivered to the <br />Contractor by mail or email to the address for Contractor on Form 3.01 or to any other address <br />reasonably calculated to give the Contractor notice.