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I <br /> CITY OF EVERETT PUBLIC WORKS 00 60 13 <br /> SPECIAL PROVISIONS CONTRACT <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 computed at the daily rate <br /> of fifteen percent (15%) of the Contract Sum multiplied by the number of days that it <br /> took the Contractor to achieve Substantial Completion that exceeded Contract Time <br /> divided by the number of days of Contract Time stated above. <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 ten percent (10%) of the liquidated damages rate applicable to delays <br /> to Substantial Completion. <br /> E. 1.Contract Sum. <br /> 1. The amount of this Contract is 3 76 D) 65?-. �5 <br /> ($ ) and is based on the proposal/bid submitted by Contractor dated <br /> -o9- 2o►$. <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 1 <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 /> F. 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 /> 111 <br /> a. as required by law or <br /> b. sixty (60) days after completion of all contract work if there are no claims against <br /> the retained funds. <br /> 3. In addition to the amounts required by RCW 60.28 to be withheld from the progress or <br /> retained percentage payments to the Contractor, the City may, in its sole discretion, <br /> 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 <br /> arising out of the performance of this contract. <br /> I <br /> Legion Golf Course Stormwater Detention Project November 30, 2017 <br /> WO#UP3620 00 60 13 -2 <br />