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CONTRACT 13-016-TRN-002 <br /> Page 1 of 2 <br /> THIS AGREEMENT,made in three(3)copies,each of which shall be deemed original,and entered into this in-or, <br /> day of 1 V OV erAbet' ,2014,between the City of Anacortes Washington hereinafter called City,and <br /> Strandberg Excavation&Commercial Construction Inc.,hereinafter called the Contractor. <br /> WITNESSETH: <br /> That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, <br /> the parties hereto covenant and agree as follows: <br /> I. WORK. The Contractor shall do all work and furnish all tools, materials, equipment, and transportation <br /> required for the GUEMES CHANNEL TRAIL PROJECT, in accordance with and as described in the <br /> Invitation for Bid entitled the same and dated August 11,2014,Project No.PW-13-016-TRN-002.Incorporated <br /> by reference, and made a part hereof, are the Invitation for Bid aforementioned, current Washington State <br /> Department of Transportation Standard Specifications for Road,Bridge, and Municipal Construction M41-10 <br /> and Amendments,except as modified by the Special Provisions included in this Invitation to Bid. Any changes <br /> to the work contracted herein shall be subject to contract modification signed by the Parties. <br /> The City hereby promises and agrees with the Contractor to retain and does retain the Contractor to provide the <br /> materials and to do and cause to be done the above-described work and to complete and finish the same <br /> according to the attached plans and specifications and the terms and conditions herein contained, and hereby <br /> contracts to pay for the same according to the attached specifications and the schedule of prices bid and hereto <br /> attached,at the time and in the manner and upon the conditions provided for in this contract. <br /> The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and assigns, <br /> does hereby agree to full performance of all covenants required of the Contractor in the contract. <br /> II. PRICE. The Total Contract Price is Five Hundred Ninety-Five Thousand One Hundred Thirteen Dollars <br /> ($595,113.00). The Contractor's bid schedule is incorporated by reference and attached hereto as Exhibit A. <br /> III. TIME. Unless otherwise stated in the Invitation for Bid,all physical construction activities shall be completed <br /> within 40 working days from the first working day following the Notice to Proceed. The Contractor shall supply <br /> the materials within the specified period of time after Notice to Proceed has been issued by the City. <br /> IV. LIQUIDATED DAMAGES. Under 1-08.9 of the current WSDOT Standard Specifications for Road, Bridge, <br /> and Municipal Construction, the City is entitled to liquidated damages for each and every calendar day said <br /> work remains uncompleted after expiration of the specified time. However, rather than using the Liquidated <br /> Damages Formula,the Contractor agrees to pay the City$500.00 per day for each and every calendar day said <br /> work remains uncompleted. All other terms of WSDOT 1-08.9 remain unchanged. <br /> V. INDEMNIFICATION/HOLD HARMLESS. The Contractor shall defend, indemnify and hold the City, it <br /> officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits <br /> including attorney fees, arising out of or in connection with the performance of this Agreement, except for <br /> injuries and damages caused by the sole negligence of the City. <br />