421 85TH PL SW 2018-01-02 MF Import

I AUU .i y t,w CONSTRUCTION CONTRACT (Not a partnership) The undersigned Owner, as the owner and developer of the project 2u9cribed as: Casino Road Apartments Project (North Satellite) which is located at: 8515 — 5t I Avenue West EverettWA 98204 and the undersigned Contractor, who desires to furnish part of the work required to construct the project, agree as follows: 1, WORK: Contractor shall provide and pay fur the following described work at the project: Contractor F�h.all supply all material, equipment and labor to install the water system complete and in strict accordance with the enaineerinct plans and specifications entitled Casino Road. f wN 1' 9 IM Rater System 38,972.00 No payment will be made for any additional work unless authorized in advance by a written change order. 2. PRICE AND PAYMENT. Owner shall pay Contractor a total price of $ which shall be payable in proportion to the progreas of the work monthly on the 15 th day of each month for work com- pleted during the preceding month, provided that Contractor shall have submitted a written request for pay- ment inform specified by Owner prior to the preceding I..5 t— day of the month. From sums otherwise pa) - able Owner may retain __J) — percent until time for final payment which is 30 days after the work is fully performed and accepted by Owner. Contractors right to any payment is subject to proper and timely perfor- mance of the work and to the condition that Contractor shall furnish evidence that potential liens thnt might attach to the propertyby Contractor's activities have been waived, released or otherwise satisfied in is manner acceptable to Owner. Retail sales taxes arising for Contractor's work furnished shall be paid by Owner directly to the state. 3. PERFORMANCE: Contractor shall furnish all tools, materials, equipment, supplies, permits and skilled, qualified workmen and supervision necessary to perform the work in a workmanlike and diligent manner.'Ame is of the essence. The work shall commence upon reasonable notice from Owner and shall con- tinue without interruption by Contractor until completed. As long as Owner makes part of the project avail• able for Contractor's work, Contractor shall meet the established schedule for performance. The coordination of the various parts of the work between Owner, Contractor and others shall be under the direction of Owner's designated superintendent of the project. Contractor shall comply with the directions given by such superin- tendent with respect thereto. All work shall be performed to comply with all applicable governmental laws, rules and regulations including building codes and the Occupational Safety and Health Act of 1970 (OSHA). Contractor shall furnish all samples, shop drawings and other technical data as maybe required for the work. The work shall be subject to inspection and approval by Owner, and Contractor shall timely secure the neces- sary governmental approvals as are required incident to Contractors work so that the progress of the entire project is not delayed. As a part of Contractor's work, Contractor shall be responsible for verifying field condi- tions and dimensions and shall do all cutting, fitting and patching that may be required to make the several parts of the entire project fit together properly with Contractor's work. No inspection or approval of Contrac- tor's work or any part thereof by Owner shall constitute a waiver of Contractor's obligations to perform the work as required hereby. Upon completion of Contractors work and each part thereof, Contractor shall leave theof surplus materials erd supplies brooawayeftom condition the and shall remove end dispose of all of its equipment and 4. DEFAULT. In the event that Contractor shell fail to perform any of the terms and conditions hereof, or shall fail to correct progress of its performance of the work within 5 days after notice from Owner specifying that the work is not progressing satisfactorily and that timely performance is endangered, or shall suffer any judicial proceedings on account of insolvency or make any assignment or trust mortgage for benefit of cred- itors, then Contractor shall be in default hereunder. In addition to any other ri,,hts and remedies it may have, on default Owner shall have the right upon 24 hours written notice to Contractor to terminate Contractor's right to continue work. In such event Owner may take possession ,,f the Contractor's tools, equipment, supplies and materials and have the work completed utilizing the foregoing with all costs And expenses in- curred incident thereto, including Owner's reasonable overhead expenses, paid by Contractor on demand and any labor which Owner may provide shall be at a rate of $40 par hour or cost, whichever is greater, Such coats may be offset against the unpaid contract balance. In the event that arty action to commenced to enforce this Agreement then the prevailing party shall recover ana be paid by the other party a reasonable sum as its attorneys fees therein.