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<br /> <br /> <br />18TH STREET PEDESTRIAN IMPROVEMENTS CONTRACT <br />WORK ORDER 3741 Page C1 of C4 July 3, 2024 <br />CITY OF EVERETT, WASHINGTON <br /> <br />CONTRACT <br /> <br />THIS CONTRACT is made and entered into by and between the City of Everett, Washington, a municipal <br />corporation existing under the laws of the State of Washington, (the “City”) and Moeco LLC (the “Contractor”). <br /> <br />In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish all labor, <br />tools, materials, equipment, and supplies required to complete in a workmanlike manner the work, improvements, <br />and appurtenances in accordance with the Specifications and Plans entitled: “18th Street Pedestrian <br />Improvements” (the “Project”). <br /> <br />1. Contract Documents. This Contract is the written agreement signed between the City and Contractor and <br />includes Division C – CONTRACT, Division P - PROPOSAL, Division B – BID ITEM DESCRIPTIONS, Special Provisions, <br />Contract Plans, Standard Specifications, Standard Plans in effect as of the date Bids are opened, Addenda, <br />supplemental agreements, change orders, certifications and affidavits required by this Contract and by law, and <br />Federal requirements that apply to this Contract and Project, all of which are referred to as the “Contract <br />Documents” and all of which are hereby incorporated by reference. A copy of the Contract Documents that were <br />posted for the Project on Builder’s Exchange of Washington (www.bxwa.com) as of Bid Opening Date is maintained <br />by the City Clerk’s Office as a single pdf and is available as follows: <br /> <br />Link to PDF https://lfportal.everettwa.gov/WebLink/DocView.aspx?id=1757550&searchid=6c94f401- <br />b651-4dfe-87c9-56eae7a88f51&dbid=0 <br /> <br />This is a 238-page pdf digitally signed by City of Everett 2024.9.16 11:04:25-07’00’ <br /> <br />Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to signing this Contract. City <br />and Contractor agree that this pdf contains all posted Contract Documents as of the Bid Opening Date. City and <br />Contractor further agree that this pdf may contain some other documents (such as Reference Information) that are <br />not Contract Documents. <br /> <br />2. Time for Completion. Substantial completion shall be achieved within forty-three (43) working days after the <br />effective date of the Notice to Proceed. Physical completion shall be within ten (10) working days of the actual date <br />of issuance of substantial completion. <br /> <br />3. Liquidated Damages. 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 by the substantial <br />completion date stated. 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 as computed in Section 1-08.9 of the <br />Standard Specifications, as may be amended by the Special Provisions, for each and every working day required to <br />accomplish substantial completion of the work in excess of the period established above for substantial completion. <br />For overruns in contract time occurring after the physical completion date, liquidated damages shall be assessed at <br />the rate computed in Section 1-08.9 of the Standard Specifications, as may be amended by the Special Provisions, <br />until the work is physically complete. <br /> <br />4. Contract Amount. The amount of this Contract is three hundred twenty-nine thousand, one hundred ninety-one <br />dollars and sixty-one cents ($329,191.61) and is based on the proposal/bid submitted by Contractor dated August <br />27, 2024. A copy of the such proposal/bid is attached hereto. The basis for final payment will be the actual amount <br />of work performed according to the Contract Documents and payments, whether partial or final, shall be made as <br />specified therein. <br /> <br />5. Withholding. Except as provided by RCW 60.28.011(1)(b), five percent (5%) of amounts due Contractor shall be <br />retained and withheld to comply with RCW Chap. 60.28. Retained amounts shall only be released (A) as required <br />by law or (B) 60 days after completion of all contract work if there are no claims against retained funds. In cases <br />where all contract work other than landscaping is completed, retained amounts other than the five percent earned