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City of Everett 00 52 13 - 1 <br /> <br /> <br /> <br />Forest Park Pickleball 00 52 13- 1 <br />Everett, WA <br /> <br /> <br />CONTRACT <br />THIS CONTRACT is made and entered by and between the City of Everett, Washington, <br />a municipal corporation existing under the laws of the State of Washington (the “City”) <br />and Diverse Earthworks, Inc., (the “Contractor”). <br /> <br />In consideration of the sums to be paid to it by the City, Contractor hereby covenants and <br />agrees to furnish all labor, tools, materials, equipment, and supplies required to complete <br />in a workmanlike manner the work, improvements, and appurtenances in accordance with <br />the Specifications and Drawings and all other Contract Documents entitled: “Forest Park <br />Pickleball Project”, (the “Project”). <br />1. Contract Documents. The “Contract Documents” are defined in the General <br />Conditions. The Contract Documents are part of this Contract and are hereby <br />incorporated by reference. Terms that are capitalized in a Contract Document but not <br />defined in that Contract Document shall have the meaning defined to them in the other <br />Contract Documents. A copy of the Contract Documents that were posted for the <br />Project on Builder’s Exchange of Washington (www.bxwa.com) as of Bid Opening Date <br />is maintained by the City Clerk’s Office as a single pdf and is available as follows: <br />Link to <br />PDF <br />https://lfportal.everettwa.gov/WebLink/DocView.aspx?id=1978933&searchid=c0170a34- <br />2f67-4ea5-9c0e-2d3633c2841e&dbid=0 <br />This is a 565-page PDF digitally signed by City of Everett 2025.09.25 08:45:15-7’00’ <br />Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to <br />signing this Contract. City and Contractor agree that this pdf contains all posted <br />Contract Documents as of the Bid Opening Date. City and Contractor further agree that <br />this pdf may contain some other documents (such as Reference Information) that are <br />not Contract Documents. <br />2. Contract Time. Substantial Completion of the Work shall be achieved within <br />(180) calendar days after the effective date of the Notice to Proceed. Physical <br />Completion shall be within (30) calendar days after the actual date of issuance of <br />Substantial Completion. <br />3. Liquidated Damages. The parties agree the City will suffer damage and be put <br />to additional expense in the event that the Contractor does not complete the Work in all <br />respects and have it ready for use by the Substantial and Physical Completion dates <br />stated above. Because it is difficult to accurately compute the amount of such costs <br />and damages, the Contractor hereby covenants and agrees to pay to the City liquidated <br />damages for each and every calendar day (or working day, if Contract Time is <br />described in working days) in the amounts set forth in this Section. For failure to <br />achieve Substantial Completion by the Substantial Completion date stated above, the <br />Contractor shall pay liquidated damages to the City computed at the daily rate of fifteen