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City of Everett 00 52 13 - 1 <br /> <br /> <br /> <br />00 52 13 - 1 AGREEMENT FORM <br />SECTION 00 5213 - AGREEMENT FORM <br /> <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 />______________________________________, (the “Contractor”). <br /> <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: “Police <br />Facilities Upgrades”, (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 One <br />Hundred Eighty Days (180) calendar days after the effective date of the Notice to <br />Proceed. Physical Completion shall be within Forty-Five (45) calendar days after the <br />actual 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 /> <br />