Diverse Earthworks, Inc 9/30/2024

CITY OF EVERETT – WEST MARINE VIEW DRIVE/ALVERSON AND 41ST ST/GRAND AVE PEDESTRIAN IMPROVEMENTS STATE FUND# HLP-PB15(032) 1 WO #3630 CITY OF EVERETT, WASHINGTON CONTRACT THIS CONTRACT is made and entered into by and between the City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington, (the “City”) and Diverse Earthworks Inc. (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 entitled: “WEST MARINE VIEW DRIVE/ALVERSON AND 41ST ST/GRAND AVE PEDESTRIAN IMPROVEMENTS” (the “Project”). 1. Contract Documents. This Contract is the written agreement signed between the City and Contractor and includes Division C – CONTRACT, Division P - PROPOSAL, Division B – BID ITEM DESCRIPTIONS, Special Provisions, Contract Plans, Standard Specifications, Standard Plans in effect as of the date Bids are opened, Addenda, supplemental agreements, change orders, certifications and affidavits required by this Contract and by law, and Federal requirements that apply to this Contract and Project, all of which are referred to as the “Contract Documents” and all of which are hereby incorporated by reference. A copy of the Contract Documents that were posted for the Project on Builder’s Exchange of Washington (www.bxwa.com) as of Bid Opening Date is maintained by the City Clerk’s Office as a single pdf and is available as follows Link to PDF https://lfportal.everettwa.gov/WebLink/DocView.aspx?id=1756376&searchid=4936e5cf- f830-4d37-8dff-7313cc0df890&dbid=0 This is a 359-page pdf digitally signed by the City of Everett 024.09.16 10:50:49 -07’00’ Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to signing this Contract. City and Contractor agree that this pdf contains all posted Contract Documents as of the Bid Opening Date. City and Contractor further agree that this pdf may contain some other documents (such as Reference Information) that are not Contract Documents. 2. Time for Completion. Substantial completion shall be achieved within sixty(60) working days after the effective date of the Notice to Proceed. Physical completion shall be within ten (10) working days of the actual date of issuance of substantial completion. 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 computed in Section 1-08.9 of the Standard Specifications, as may be amended by 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. For overruns in contract time occurring after the physical completion date, liquidated damages shall be assessed at the rate computed in Section 1-08.9 of the Standard Specifications, as may be amended by the Special Provisions, until the work is physically complete. 4. Contract Amount. The amount of this Contract is five hundred nineteen thousand, four hundred thirty six dollars and ninety three cents ($519,436.93) and is based on the proposal/bid submitted by Contractor dated August 20, 2024. A copy of the such proposal/bid is attached hereto. The basis for final payment will be the actual amount of work performed according to the Contract Documents and payments, whether partial or final, shall be made as specified therein.