3501 SR 529 2016-01-01 MF Import

PORT OF EVERETT UNION SLOUGH MARSH MITIGATION PORT OF EVEREI"f THIS AGREEMENT is dated as of the day of 2(H10 by and between the Port of Everett (hereinafter called PORT) and Section 00500 Agreement Form in the year (hereinafter called CONTRACf'OR). PORT and CONTRACi'OR, in consideration of the mutual covenants hereinafter set forth, agree as follows: :,RTICLF, 1 - WORK The Project has been designeci by REID MIDDLETON, INC. CONTRACTOR shall complete all Work as specified or indicated in the Contract Docwnents. The Work is generally described as follows: 3urveying, erosion control, earthwork, grading for construction of berm and mush mitigation azea. ARTICLF, 2 - ENGINEF,R The PORT has appointed Reid Middleton, lnc., as ENGINEER who shall be the PORT's representative, assume all duties and responsibilities and have the rights and authority assigned to thc HNGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CON'1'RACT TIMN 3. I The Work shall be substantially complete on or before 210 cxlendar days after Notice to Proceed. Final completion shall be on or before 30 calendaz days after substantial completion. 3.2 Liyuidated Damages: PORT and CONTRACTOR recognize that tune is of the essence of this Agreement and that PORT will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or azbitration proceeding the acmal loss suffered by PORT if the Work is not completed on tirne. Accordingly, insteaJ of reyuiring any such proof, PORT and CONTRACTOR agree that as liquidated damages for 005(�-1