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City of Everett 00 52 13 <br />Later Phase Eclipse Mill Park WO# 383921 <br />2 <br />Contractor shall pay liquidated damages at the daily rate of ten percent (10%) of the liquidated <br />damages rate applicable to delays to Substantial Completion. <br />4.Contract Sum. The Contract Sum of this Contract is: <br />Base Bid + Additive $ 3,307,000 <br />+ WA Sales Tax $ 327,393 <br />Contract Sum $ 3,634,393 <br />This is based on the proposal/bid submitted by Contractor dated April 8, 2025. A copy of such <br />proposal/bid is attached hereto. <br />The basis for final payment will be the actual amount of work performed according to the <br />Contract Documents and payments, whether partial or final, shall be made as specified therein. <br />If, and to the extent, payment (in whole or in part) is based upon unit prices multiplied by <br />quantities of work actually performed, the total amount paid to the Contractor may be less than <br />Contract Sum stated herein and the Contractor agrees to execute one or more change orders in <br />such event. In no event shall the total amount paid Contractor exceed the Contract Sum stated <br />herein, unless the Contract amount has first been increased by one or more Change Orders <br />signed by the City. The City may, in its sole discretion, withhold amounts from payments <br />otherwise due as offsets or back charges for expenses, damages, liquidated damages or costs <br />for which the Contractor is liable for not to exceed 10% of the total amount of the contract. If the <br />City chooses not to offset or deduct any such expenses, damages, liquidated damages or costs <br />from one or more payments or return of retainage, the City does not waive its claim for such <br />damages and hereby expressly reserves its right to assert a claim against the Contractor for <br />such damages. <br />5.Withholding. Five percent (5%) of amounts due Contractor shall be retained and <br />withheld to comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as <br />required by law or (B) sixty (60) days after completion of all contract work if there are no claims <br />against the retained funds. In addition to the amounts required by RCW 60.28 to be withheld <br />from the progress or retained percentage payments to the Contractor, the City may, in its sole <br />discretion, withhold any amounts sufficient to pay any claim against the Contractor of which the <br />City may have knowledge and regardless of the informalities of notice of such claim arising out <br />of the performance of this Contract. The City may withhold the amount until either the <br />Contractor secures a written release from the claimant, obtains a court decision that such claim <br />is without merit, or satisfies any judgment in favor of the claimant on such claim. The City shall <br />not be liable for interest during the period the funds are so held. <br />6.Compliance with Employment and Wage Laws. Contractor agrees to comply with <br />all state and federal laws relating to the employment of labor and wage rates to be paid. <br />7.RCW 35.33.650. Contractor shall actively and in good faith solicit the employment of <br />minority group members and bids for the supply of goods or subcontracting of services from <br />qualified minority businesses. Contractor shall consider granting contracts to possible minority <br />suppliers and subcontractors on the basis of substantially equal proposals in the light most <br />favorable to the minority businesses. Contractor shall furnish evidence of its compliance with <br />these requirements. As used in this section, the term “minority business” means a business at