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<br /> <br />City of Everett 00 52 13-1 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <br />SECTION 00 52 13 <br />AGREEMENT FORM <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 />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: <br />“________________________” (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. A copy of the Contract Documents that were posted for the Project <br />on Builder’s Exchange of Washington (www.bxwa.com) as of Bid Opening Date is <br />maintained by the City Clerk’s Office as a single PDF and is available as follows: <br />Link to PDF <br />Contractor acknowledges that Contractor has downloaded and reviewed this PDF prior <br />to signing this Contract. City and Contractor agree that this PDF contains all posted <br />Contract Documents as of the Bid Opening Date. City and Contractor further agree that <br />this PDF may contain some other documents (such as Reference Information) that are <br />not Contract Documents. <br />2. Contract Time. Substantial Completion of the Work shall be achieved within Three- <br />Hundred Sixty (360) calendar days after the effective date of the Notice to Proceed. <br />Physical Completion shall be within Thirty (30) calendar days after the actual date of <br />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 <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 and <br />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 described <br />in working days) in the amounts set forth in this Section. For failure to achieve <br />Substantial Completion by the Substantial Completion date stated above, the Contractor <br />shall pay liquidated damages to the City computed at the daily rate of fifteen percent <br />(15%) of the Contract Sum divided by the number of days of Contract Time stated <br />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.