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Water Main Replacement “Y” – Ph 1 <br />Work Order No. UP 3814 1 <br />CITY OF EVERETT, WASHINGTON <br />WATER MAIN REPLACEMENT “Y” – Phase 1 <br />WORK ORDER NO. UP 3814 <br />CONTRACT <br />THIS CONTRACT is made and entered into by and between the City of Everett, Washington, a <br />municipal corporation existing under the laws of the State of Washington (the “City”) and <br />Earthwork Solutions, LLC (“Contractor”). <br />In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees <br />to furnish all labor, tools, materials, equipment, and supplies required to complete in a <br />workmanlike manner the work, improvements, and appurtenances in accordance with the <br />Specifications and Plans and all other Contract Documents entitled: “Water Main Replacement <br />“Y” - Phase 1” (the “Project”). <br />1.Contract Documents. This Contract is the written agreement signed between the City and <br />Contractor and includes Division C – CONTRACT, Division P - PROPOSAL, Division B – BID <br />ITEM DESCRIPTIONS, Special Provisions, Contract Plans, Standard Specifications, Standard <br />Plans in effect as of the date Bids are opened, Addenda, supplemental agreements, change <br />orders, certifications and affidavits required by this Contract and by law, and Federal <br />requirements that apply to this Contract and Project, all of which are referred to as the “Contract <br />Documents” and all of which are hereby incorporated by reference. A copy of the Contract <br />Documents that were posted for the Project on Builder’s Exchange of Washington <br />(www.bxwa.com) as of Bid Opening Date is maintained by the City Clerk’s Office as a single <br />pdf and is available as follows: <br />Link to <br />PDF <br />https://lfportal.everettwa.gov/WebLink/DocView.aspx?id=1696242&searchid=457dac0e- <br />3a49-498b-aff4-f7867a7a6ff0&dbid=0 <br />This is a 385-page pdf digitally signed by City of Everett 2024.5.03 08:41:22- <br />07’00’ <br />Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to signing <br />this Contract. City and Contractor agree that this pdf contains all posted Contract Documents as <br />of the Bid Opening Date. City and Contractor further agree that this pdf may contain some other <br />documents (such as Reference Information) that are not Contract Documents. <br />2.Contract Time. Substantial completion shall be achieved within one-hundred twenty (120) <br />working days after the effective date of the Notice to Proceed. Physical completion shall be <br />within one-hundred forty (140) working days after the actual date of issuance of substantial <br />completion. <br />3.Liquidated Damages. The parties agree the City will suffer damage and be put to additional <br />expense in the event that the Contractor does not complete the work in all respects and have it <br />ready for use by the substantial completion date stated. Because it is difficult to accurately <br />compute the amount of such costs and damages, the Contractor hereby covenants and agrees to <br />pay to the City liquidated damages as computed in Section 1-08.9 of the Standard Specifications, <br />as may be amended by the Special Provisions, for each and every working day required to <br />accomplish substantial completion of the work in excess of the period established above for <br />substantial completion. For overruns in contract time occurring after the physical completion <br />date, liquidated damages shall be assessed at the rate computed in Section 1-08.9 of the Standard