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I CITY OF EVERETT, WASHINGTON I DIVISION C—CONTRACT THIS CONTRACT is made and entered into this 21 today of PV R C 11 , 2017, by and between the City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington, hereinafter called the "City," and g . L• A LI I\ CJ n,PPti'-i , a wASIAtr iro..-1 (arc_Filj f2A k,1-� , hereinafter called the"Contractor." In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish all labor, tools, materials, equipment, and supplies required to build and construct and to build and construct in a workmanlike manner the work, improvements, and appurtenances in I accordance with the Specifications and Plans entitled: `"Hayes Street Regulator and CSO Controls (SRO1, SRO2, and SRO3)" (the"Project"). 1. Contract Documents. The following documents ("Contract Documents")are incorporated by I reference and are hereby made a part of this Contract: A. Notice to Contractors I B. Instructions to Bidders (if any) C. Washington State Department of Transportation Standard Specifications 2016 as I modified by all amendments thereto as of the date of bid opening of this Project ("Standard Specifications") II D. Special Provisions • E. Plans, Drawings and Project Specifications I F. Addenda(if any) G. Payment Bond and Performance Bond I H. Contractor's Proposal/Bid (conformed copy dated) I. All provisions required by law whether set forth and reproduced herein or not I 2. Time for Completion. Substantial completion shall be achieved within One Hundred I Twenty-Five (125) working days of the effective date of the Notice to Proceed. Physical completion shall be within Two Hundred Forty-Four (244) calendar days of the effective date of the Notice to Proceed or December 31, 2017, whichever occurs first. 3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional I expense in the event that the Contractor does not complete the work in all respects and have it ready for use by the substantial completion date stated. Because it is difficult to accurately compute the amount of such costs and damages, the Contractor hereby covenants and agrees to pay to the City, at the City's written request, liquidated damages as computed in Section 1-08.9 of the Standard Specifications, for each and every calendar/working day required to accomplish substantial completion of the work in excess of the period established above for substantial completion. For overruns in contract time occurring after the physical completion date, liquidated damages shall be assessed at the rate of ten percent (10%) of the amount computed in Section 1-08.9 of the Standard Specifications until the work is physically complete. I HAYES STREET REGULATOR February,2017 AND CSO CONTROLS (SRO1, SRO2, AND SRO3) 1 WO No—UP3398-31 SP - 42