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2025 Pavement Maintenance Overlay CONTRACT: CONTRACT WITH SIGNATURE PAGE <br />PW# 3830 March 26, 2025 <br />CITY OF EVERETT, WASHINGTON <br />CONTRACT <br />THIS CONTRACT is made and entered into by and between the City of Everett, Washington, a municipal corporation <br />existing under the laws of the State of Washington, (the City) and <br />_____________________________________________ (the Contractor). <br />In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to furnish all labor, <br />tools, materials, equipment, and supplies required to complete in a workmanlike manner the work, improvements, <br />and appurtenances in accordance with the Specifications and Plans entitled: 2025 PAVEMENT MAINTENANCE <br />OVERLAY (the Project). <br />1. Contract Documents. This Contract is the written agreement signed between the City and Contractor and includes <br />Division C CONTRACT, Division P - PROPOSAL, Division B BID ITEM DESCRIPTIONS, Special Pr ovisions, Contract <br />Plans, Standard Specifications, Standard Plans in effect as of the date Bids are opened, Addenda, supplemental <br />agreements, change 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 Documen ts and <br />all of which are hereby incorporated by reference. A copy of the Contract Documents that were posted for the <br />Project on Builders Exchange of Washington (www.bxwa.com) as of Bid Opening Date is maintained by the City <br />Clerks Office as a single pdf and is available as follows <br />Link to PDF <br />Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to signing this Contract. City <br />and Contractor agree that this pdf contains all posted Contract Documents as of the Bid Opening Date. City and <br />Contractor further agree that this pdf may contain some other documents (such as Reference Information) that are <br />not Contract Documents. <br />2. Time for Completion. Substantial completion shall be achieved within twenty-seven (27) working days after the <br />effective date of the Notice to Proceed. Physical completion shall be within ten (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 in the event <br />that the Contractor does not complete the work in all respects and have it ready for use by the substantial completion <br />date stated. Because it is difficult to accurately compute the amount of such costs and damages, the Contractor <br />hereby covenants and agrees to pay to the City liquidated damages as computed in Section 1-08.9 of the Standard <br />Specifications, as may be amended by the Special Provisions, for each and every working day required to accomplish <br />substantial completion of the work in excess of the period established above for substantial completion. For <br />overruns in contract time occurring after the physical completion date, liquidated damages shall be assessed at the <br />rate computed in Section 1-08.9 of the Standard Specifications, as may be amended by the Special Provisions, until <br />the work is physically complete. <br />4. Contract Amount. The amount of this Contract is _______________________________________ <br />($__________________) and is based on the proposal/bid submitted by Contractor dated ________________. A <br />copy of the such proposal/bid is attached hereto. The basis for final payment will be the actual amount of work <br />performed according to the Contract Documents and payments, whether partial or final, shall be made as specified <br />therein. <br />5. Withholding. Except as provided by RCW 60.28.011(1)(b), five percent (5%) of amounts due Contractor shall be <br />retained and withheld to comply with RCW Chap. 60.28. Retained amounts shall only be released (A) as required by <br />law or (B) 60 days after completion of all contract work if there are no claims against retained funds. In cases where <br />all contract work other than landscaping is completed, retained amounts other than the five percent earned for <br />landscaping, shall be released within 60 days of completion as may be required by applicable law. Within 30