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<br />2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR
<br /> PAGE 2 OF 5 CONTRACT
<br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011)
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<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
<br />it 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
<br />to pay to the City liquidated damages as stated in Section 1-08.9 of the Special Provisions, for
<br />each and every working day required to accomplish substantial completion of the work in
<br />excess of the period established above for substantial completion.
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<br />4. Contract Sum. The amount of this Contract is _________________________________
<br />($__________________) and is based on the proposal/bid submitted by Contractor dated
<br />________________. The basis for final payment will be the actual amount of work performed
<br />according to the Contract Documents and payments, whether partial or final shall be made as
<br />specified therein.
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<br />5. Compliance with Employment and Wage Laws. Contractor agrees to comply with all
<br />state and federal laws relating to the employment of labor and wage rates to be paid.
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<br />6. Indemnification.
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<br />A. Contractor will defend and indemnify and hold harmless the City from any and all Claims
<br />arising out of or relating to any acts, errors, omissions, or conduct by Contractor in connection
<br />with its performance of this Contract, including without limitation (and without limiting the
<br />generality of the foregoing) all Claims resulting from Contractor’s performance of, or failure to
<br />perform, its express and implied obligations under the Contract. The Contractor will defend
<br />and indemnify and hold harmless the City whether a Claim is asserted directly against the City,
<br />or whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted against
<br />someone else who then seeks contribution or indemnity from the City. The amount of insurance
<br />obtained by, obtainable by, or required of the Contractor does not in any way limit the
<br />Contractor’s duty to defend and indemnify and hold harmless the City. The City retains the
<br />right to approve Claims investigation and counsel assigned to said Claim and all investigation
<br />and legal work regarding said Claim shall be performed under a fiduciary relationship to the
<br />City. This Section 6 is in addition to any other defense or indemnity or hold harmless obligation
<br />in the Contract Documents.
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<br />B. The Contractor’s obligations under this Section 6 shall not apply to Claims caused by the
<br />sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such
<br />Claim is caused by or results from the concurrent negligence of (a) the Contractor and (b) the
<br />City, then the Contractor’s liability under this Section 6 shall be only to the extent of the
<br />Contractor’s negligence.
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<br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and
<br />representatives; (2) “Claims” include all losses, claims, demands, expenses (including, but not
<br />limited to, attorney’s fees and litigation expenses), suits, judgments, or damage, whether
<br />threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or
<br />any other legal theory, whether such Claims have been reduced to judgment or arbitration
<br />award, irrespective of the type of relief sought or demanded (such as money or injunctive relief),
<br />and irrespective of the type of damage alleged (such as bodily injury, damage to property,
<br />economic loss, general damages, special damages, or punitive damages); and (3) “Contractor”
<br />includes Contractor, its employees, agents, representatives and subcontractors. If, and to the
<br />extent, Contractor employs or engages subcontractors, then Contractor shall ensure that each
<br />such subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend
<br />and indemnify and hold harmless the City to the extent and on the same terms and conditions
<br />as the Contractor pursuant to this section.
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<br />7. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the
<br />Contract Documents. Failure to maintain such insurance shall be a material breach of the
<br />Contract. The City shall be entitled to damages for such a breach that include, but are not
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