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I <br /> CITY OF EVERETT PUBLIC WORKS <br /> SPECIAL PROVISIONS I <br /> 3. Contractor shall mobilize to the site all the following materials and equipment no later <br /> than April 10,2018 (5 days prior to commencing onsite work activities): <br /> a. Steel pipe sections <br /> b. Excavation materials and equipment, including excavator and/or backhoe <br /> c. Shoring materials and equipment <br /> d. Materials and equipment to protect the existing pipe and portal structure <br /> E. Liquidated Damages. <br /> 1. The parties agree the City will suffer damage and be put to additional expense in the I <br /> event that the Contractor does not complete the Work in all respects and have it ready for <br /> use by the Substantial and Physical Completion dates stated above. <br /> 2. Because it is difficult to accurately compute the amount of such costs and damages, the <br /> Contractor hereby covenants and agrees to pay to the City liquidated damages for each <br /> and every calendar day (or working day, if Contract Time is described in working days) <br /> in the amounts set forth in this Section. ' <br /> 3. For failure to achieve Substantial Completion by the Substantial Completion date stated <br /> above, the Contractor shall pay liquidated damages to the City at the daily rate of$5,000 <br /> per day. <br /> 4. Once Substantial Completion is achieved, for failure to achieve Physical Completion by <br /> the Physical Completion Date stated above, the Contractor shall pay liquidated damages <br /> at the daily rate of$1,000 per day. <br /> F. Contract Sum. <br /> 1. The amount of this Contract is76 S 3`702 • S <br /> (S ) and is based on the proposal/bid submitted by Contractor dated <br /> =2.317. <br /> 2. <br /> 2. 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 <br /> therein. <br /> a. If, and to the extent, payment (in whole or in part) is based upon unit prices <br /> multiplied by quantities of work actually performed, the total amount paid to the <br /> Contractor may be less than Contract Sum stated herein and the Contractor agrees <br /> to execute one or more change orders in such event. <br /> b. 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 <br /> Orders signed by the City. <br /> c. The City may, in its sole discretion, withhold amounts from payments otherwise <br /> due as offsets or backcharges 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 <br /> contract. <br /> d. If the City chooses not to offset or deduct any such expenses, damages, liquidated <br /> damages or costs from one or more payments or return of retainage, the City does <br /> not waive its claim for such damages and hereby expressly reserves its right to <br /> assert a claim against the Contractor for such damages. ' <br /> G. Withholding. <br /> 1. Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure to <br /> comply with RCW Chap. 60.28. <br /> 2. Retained amounts shall only be released: <br /> a. as required by law or i <br /> Portal 1 Replacement June 2017 <br /> WO#UP3602 00 60 13 - 2 <br />