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Reservoir 3 Replacement Phase 1 CONTRACT - 1 <br />Work Order No. UP3739 00 52 13 <br />CONTRACT <br />THIS CONTRACT is made and entered by and between the City of Everett, Washington, a <br />municipal corporation existing under the laws of the State of Washington (the “City”) and IMCO <br />General Construction, 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 in a <br />workmanlike manner the work, improvements, and/or appurtenances in accordance with the <br />Specifications and Drawings and all other Contract Documents entitled: “Reservoir 3 <br />Replacement, Phase 1 – Work Order #UP3739” (the “Project”). <br />1. Contract Documents. The “Contract Documents” are defined in the General Conditions. <br />The Contract Documents are part of this Contract and are hereby incorporated by reference. <br />Terms that are capitalized in a Contract Document but not defined in that Contract Document <br />shall have the meaning defined to them in the other Contract Documents. A copy of the <br />Contract Documents that were posted for the Project on Builder’s Exchange of Washington <br />(www.bxwa.com) as of Bid Opening Date is maintained by the City Clerk’s Office as a single pdf <br />and is available as follows: <br />Link <br />to <br />PDF <br />https://lfportal.everettwa.gov/WebLink/DocView.aspx?id=1711887&searchid=51ff0e96- <br />823f-4946-8c02-5145a978d40c&dbid=0 <br />This is a 1194-page pdf digitally signed by City of Everett 2024.06.10 13:31:00-07’00’ <br />Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to signing <br />this Contract. City and Contractor agree that this pdf contains all posted 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 of the Work shall be achieved within Five Hundred <br />Forty (540) calendar days after the effective date of the Notice to Proceed. Physical Completion <br />shall be within Thirty (30) calendar days after the actual date of issuance of Substantial <br />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 and Physical Completion dates stated above. <br />Because it is difficult to accurately compute the amount of such costs and damages, the <br />Contractor hereby covenants and agrees to pay to the City liquidated damages for each and <br />every calendar day (or working day, if Contract Time is described in working days) in the <br />amounts set forth in this Section. For failure to achieve Substantial Completion by the <br />Substantial Completion date stated above, the Contractor shall pay liquidated damages to the <br />City computed at the daily rate of fifteen percent (15%) of the Contract Sum divided by the <br />number of days of Contract Time stated above. Once Substantial Completion is achieved, for <br />failure to achieve Physical Completion by the Physical Completion Date stated above, the <br />Contractor shall pay liquidated damages at the daily rate of ten percent (10%) of the liquidated <br />damages rate applicable to delays to Substantial Completion.