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City of Everett 00 5213 - 1 <br /> <br /> <br />Agreement Form <br />005213-1 202082-10 May 2024 <br />pw://Carollo/Documents/WA/Everett/202082-100000/04 Design/04 Specs/Carollo/005213 (FS-100) <br /> <br />SECTION 00 5213 - AGREEMENT FORM <br /> <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 <br />______________________________________, (the “Contractor”). <br /> <br />In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees <br />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: “20th Street Sewer <br />Rehabilitation Project” (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 to PDF <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 as <br />of the Bid Opening Date. City and Contractor further agree that this pdf may contain some other <br />documents (such as Reference Information) that are not Contract Documents. <br />2. Contract Time. Substantial Completion of the Work shall be achieved within One Hundred <br />Eighty (180) days after the effective date of the Notice to Proceed. Physical Completion shall be <br />within One Hundred Twenty (120) 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.