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CONTRACT
<br />2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR
<br />PAGE 2 OF 4
<br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011)
<br />2.Contract Time. Substantial completion shall be achieved within forty (40) working daysof the effective date of the Notice to Proceed.
<br />3.Liquidated Damages. The parties agree the City will suffer damage and be put to additionalexpense in the event that the Contractor does not complete the work in all respects and haveit ready for use by the substantial completion date stated. Because it is difficult to accuratelycompute the amount of such costs and damages, the Contractor hereby covenants and agreesto pay to the City liquidated damages as stated in Section 1-08.9 of the Special Provisions, foreach and every working day required to accomplish substantial completion of the work inexcess of the period established above for substantial completion.
<br />4.Contract Sum. The amount of this Contract is one million two hundred eleven thousand,five hundred eighty dollars and zero cents ($1,211,580.00) and is based on the proposal/bidsubmitted by Contractor dated 5/13/25. The basis for final payment will be the actual amountof work performed according to the Contract Documents and payments, whether partial or finalshall be made as specified therein.
<br />5. Compliance with Employment and Wage Laws. Contractor agrees to comply with allstate and federal laws relating to the employment of labor and wage rates to be paid.
<br />6. Indemnification.
<br />A.Contractor will defend and indemnify and hold harmless the City from any and all Claimsarising out of or relating to any acts, errors, omissions, or conduct by Contractor in connectionwith its performance of this Contract, including without limitation (and without limiting thegenerality of the foregoing) all Claims resulting from Contractor’s performance of, or failure toperform, its express and implied obligations under the Contract. The Contractor will defendand indemnify and hold harmless the City whether a Claim is asserted directly against the City,or whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted againstsomeone else who then seeks contribution or indemnity from the City. The amount of insuranceobtained by, obtainable by, or required of the Contractor does not in any way limit theContractor’s duty to defend and indemnify and hold harmless the City. The City retains theright to approve Claims investigation and counsel assigned to said Claim and all investigationand legal work regarding said Claim shall be performed under a fiduciary relationship to theCity. This Section 6 is in addition to any other defense or indemnity or hold harmless obligationin the Contract Documents.
<br />B. The Contractor’s obligations under this Section 6 shall not apply to Claims caused by thesole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) suchClaim is caused by or results from the concurrent negligence of (a) the Contractor and (b) theCity, then the Contractor’s liability under this Section 6 shall be only to the extent of theContractor’s negligence.
<br />C.As used in this section: (1) “City” includes the City’s officers, employees, agents, andrepresentatives; (2) “Claims” include all losses, claims, demands, expenses (including, but notlimited to, attorney’s fees and litigation expenses), suits, judgments, or damage, whetherthreatened, asserted or filed against the City, whether such Claims sound in tort, contract, orany other legal theory, whether such Claims have been reduced to judgment or arbitrationaward, irrespective of the type of relief sought or demanded (such as money or injunctive relief),and irrespective of the type of damage alleged (such as bodily injury, damage to property,economic loss, general damages, special damages, or punitive damages); and (3) “Contractor”includes Contractor, its employees, agents, representatives and subcontractors. If, and to theextent, Contractor employs or engages subcontractors, then Contractor shall ensure that eachsuch subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defendand indemnify and hold harmless the City to the extent and on the same terms and conditionsas the Contractor pursuant to this section.
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