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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 1 CONTRACT <br />FEDERAL AID # Tap-0420(26) <br />WORK ORDER #3785 September 6, 2024 <br /> <br />CITY OF EVERETT, WASHINGTON CONTRACT <br />THIS CONTRACT is made and entered into as of date of last signature below, by and between the City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington (the “City”) and Earthwork Solutions, LLC (the “Contractor”). In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish all labor, tools, materials, equipment, and supplies required to complete in a workmanlike manner the work, improvements, and appurtenances in accordance with the Specifications and Plans and all other Contract Documents entitled: “Fulton Street Pedestrian Bicycle Corridor” (the “Project”). 1. Contract Documents. The following documents (“Contract Documents”) are incorporated by reference and are hereby made a part of this Contract: A. Notice to Contractors B. Instructions to Bidders C. Washington State Department of Transportation Standard Specifications 2023 as modified by all amendments thereto as of the date of bid opening of this Project (“Standard Specifications”). D. Contract Provisions, including without limitation the Special Provisions E. Plans, Drawings and Project Specifications F. Addenda (if any) G. Performance Bond and Payment Bond H. Contractor’s Proposal/Bid (conformed copy dated October 1, 2024 and attached hereto) I. All provisions required by law whether set forth and reproduced herein or not. <br /> J. Disadvantaged Business Enterprise (DBE) utilization certification. 2. Contract Time. Substantial completion shall be achieved within 48 working days of the effective date of the Notice to Proceed. 3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional expense in the event that the Contractor does not complete the work in all respects and have it ready for use by the substantial completion date stated. Because it is difficult to accurately compute the amount of such costs and damages, the Contractor hereby covenants and agrees to pay to the City liquidated damages as stated in Section 1-08.9 of the Special Provisions, for each and every working day required to accomplish substantial completion of the work in excess of the period established above for substantial completion.