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<br />3rd Ave Water Quality Project Division C - CONTRACT Work Order # UP3775 <br /> 1 <br /> CITY OF EVERETT, WASHINGTON CONTRACT <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 Blue Mountain <br />Construction Group, LLC (“Contractor”). <br />In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish <br />all labor, tools, materials, equipment, and supplies required to complete in a workmanlike manner the <br />work, improvements, and appurtenances in accordance with the Specifications and Plans and all other <br />Contract Documents entitled: “3RD AVE WATER QUALITY FACILITY” (the “Project”). <br />1. Contract Documents. This Contract is the written agreement signed between the City and Contractor <br />and includes Division C – CONTRACT, Division P - PROPOSAL, Division B – BID ITEM DESCRIPTIONS, Special <br />Provisions, Contract Plans, Standard Specifications, Standard Plans in effect as of the date Bids are opened, <br />Addenda, supplemental agreements, change orders, certifications and affidavits required by this Contract <br />and by law, and Federal requirements that apply to this Contract and Project, all of which are referred to <br />as the “Contract Documents” and all of which are hereby incorporated by reference. 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 and is <br />available as follows: <br />Link to PDF https://lfportal.everettwa.gov/WebLink/DocView.aspx?id=1786376&searchid=c709f603- <br />8cc7-4bc7-bff7-cc5456889cf3&dbid=0 <br /> <br />This is a 422-page pdf digitally signed by City of Everett 2024.11.18 15:15:49-08’00’ <br />Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to signing this <br />Contract. City and Contractor agree that this pdf contains all posted Contract Documents as of the Bid <br />Opening Date. City and Contractor further agree that this pdf may contain some other documents (such <br />as Reference Information) that are not Contract Documents. <br />2. Contract Time. Substantial completion shall be achieved within sixty ( 60 ) working days after the <br />effective date of the Notice to Proceed. Physical completion shall be within twenty ( 20 ) working days <br />after the actual date of issuance of substantial completion. <br />3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional expense <br />in the event that the Contractor does not complete the work in all respects and have it ready for use by <br />the substantial completion date stated. Because it is difficult to accurately compute the amount of such <br />costs and damages, the Contractor hereby covenants and agrees to pay to the City liquidated damages as <br />computed in Section 1-08.9 of the Standard Specifications, as may be amended by the Special Provisions, <br />for each and every working day required to accomplish substantial completion of the work in excess of <br />the period established above for substantial completion. For overruns in contract time occurring after the <br />physical completion date, liquidated damages shall be assessed at the rate computed in Section 1-08.9 of <br />the Standard Specifications, as may be amended by the Special Provisions, until the work is physically <br />complete.