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Agreement between Client, KCDA and Contractor - Washington Page 1 <br />156691459.1 <br />AGREEMENT <br />BETWEEN <br />CITY OF EVERETT (“CLIENT”), <br />KING COUNTY DIRECTORS’ ASSOCIATION (“KCDA”), <br />AND <br />LANDSCAPE STRUCTURES, INC., (“CONTRACTOR”) <br />This AGREEMENT is made as of the 8th day of September, 2025, between the public entity City of Everett <br />(“Client”) 2930 Wetmore Avenue, Everett, WA 98201 (address); King County Directors Association (KCDA), <br />Street Address: 18639 - 80th Ave S, Kent, WA 98032; and the Contractor: Landscape Structures, Inc. <br />This Agreement supplements the King County Directors’ Association (“KCDA”) Purchase Order <br />Number 4147945 (“Purchase Order”) for the Client. <br />A general description of the Project is: <br />Playground replacement work includes demolition of the existing playground, removal of the engineered <br />wood fiber surfacing system, construction of a new forever lawn surfacing system, and installation of the new <br />playground equipment. <br />The Architect/Engineer (“A/E”), if any, is: <br />The Client, KCDA, and Contractor agree as set forth below. <br />ARTICLE 1 <br />THE WORK <br />1.1 This Agreement provides supplemental terms and conditions to the Purchase Order and is <br />incorporated by reference into the Purchase Order as if set forth in full therein. This Agreement shall be <br />completed and executed for all KCDA projects that include any on-site construction activities. The Contractor <br />shall fully execute and complete the entire Work described in the Contract Documents. <br />ARTICLE 2 <br />DATES OF COMMENCEMENT AND SUBSTANTIAL AND FINAL COMPLETION <br />2.1 The date of commencement of the Work (the date from which the Contract Time is measured) <br />shall be the date established in a notice to proceed issued by the Client, unless a different date is stated below: <br />2.2 The Contractor shall achieve Substantial Completion of the entire Work no later than 11/21/2025 <br />and Final Completion no later than 12/31/2025, subject to adjustments of the Contract Time as provided in the <br />Contract Documents. <br />2.3 Liquidated damages, if any, shall be $0.00 per day for each calendar day after the Contract Time <br />that Substantial Completion is not attained, and shall be paid to the Client.