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CITY <br /> CITY OF EVERETT,WASHINGTON <br /> CONTRACT <br /> THIS CONTRACT is made and entered into this CPIday of , 2018, by and between <br /> the City of Everett, Washington, a municipal corporation ex sting under the laws of the State of <br /> Washington, hereinafter called the "City," and Interwest Construction, Inc., a Corporation , hereinafter <br /> called the "Contractor." <br /> In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish <br /> all labor, tools, materials, equipment, and supplies required to build and construct and to build and <br /> construct in a workmanlike manner the work, improvements, and appurtenances in accordance with the <br /> Specifications and Plans entitled: WETMORE AVE STORMWATER BYPASS PROJECT (the <br /> "Project"). <br /> 1. Contract Documents. The following documents ("Contract Documents") are incorporated by <br /> reference and are hereby made a part of this Contract: <br /> A. Notice to Contractors <br /> B. Instructions to Bidders (if any) <br /> C. Washington State Department of Transportation Standard Specifications 2016 as modified <br /> by all amendments thereto as of the date of bid opening of this Project ("Standard <br /> Specifications"). <br /> D. Special Provisions <br /> E. Plans, Drawings and Project Specifications <br /> F. Addenda(if any) <br /> G. Payment Bond and Performance Bond <br /> H. Contractor's Proposal/Bid(conformed copy dated 8/2/2018) <br /> I. All provisions required by law whether set forth and reproduced herein or not <br /> 2. Time for Completion. Substantial completion shall be achieved within 25 working days of the <br /> effective date of the Notice to Proceed. Physical completion shall be 10 working days of the actual date <br /> of issuance of substantial completion. <br /> 3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional expense <br /> in the event that the Contractor does not complete the work in all respects and have it ready for use by the <br /> substantial completion date stated. Because it is difficult to accurately compute the amount of such costs <br /> and damages, the Contractor hereby covenants and agrees to pay to the City liquidated damages as <br /> computed in Section 1-08.9 of the Standard Specifications, for each and every working day required to <br /> accomplish substantial completion of the work in excess of the period established above for substantial <br /> completion. For overruns in contract time occurring after the physical completion date, liquidated <br /> damages shall be assessed at the rate of ten percent (10%) of the amount computed in Section 1-08.9 of <br /> the Standard Specifications until the work is physically complete. <br /> 4. Contract Amount. The amount of this Contract is six hundred eighty one thousand six hundred and <br /> ninety six dollars and zero cents ($ 681,696.00)and is based on the proposal/bid submitted by Contractor <br /> dated 8/2/2018. The basis for final payment will be the actual amount of work performed according to <br /> the Contract Documents and payments,whether partial or final, shall be made as specified therein. <br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure <br /> the timely and faithful completion of the work and to comply with RCW Chap. 60.28. Releases of retained <br /> amounts shall be governed by RCW 60.28.011. Retained amounts shall be released 60 days after <br /> WETMORE AVE STORMWATER BYPASS Division C -CONTRACT AUGUST, 2018 <br /> PROJECT <br /> Work Order# UP3704 SP-C-1 <br />