2026-RFP-175-_00_50_00-PCSPW-Public_Works_Contract_Form-06-29-2026.pdf

Division 00 - Procurement and Contracting Requirements Public Works Contract Form

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PIERCE COUNTY PUBLIC WORKS CONTRACT

AGREEMENT BETWEEN

PIERCE COUNTY AND CONTRACTOR

THIS AGREEMENT is made and entered into between PIERCE COUNTY, a State of Washington municipal corporation, hereinafter designated as the "County," and:

The "Contractor": (Legal Name) (Address) (Address 2) (Phone No.)

The “Project” is: (Title) (Contract No) (Project Address) (Project Address 2)

The “Project Representative” is: (Representative) (Title) (Email) (Phone No.)

The “Contractor’s Representative” is: (Representative) (Title) (Email) (Phone No.)

CONTRACT DOCUMENTS AND BINDING REPRESENTATIONS:

The County has caused Contract Documents, including (without limitation) those listed in the definition of "Contract Documents" in the General Conditions and any bond(s), to be prepared for the performance of Work on the Project. All such Contract Documents are incorporated herein to this Contract by reference. Contractor has previously reviewed and agreed to all Contract Documents other than this Contract and agrees that the Owner maintains the official copy of the complete Contract Documents.

The County publicly solicited bids on the Contract Documents. The Contractor submitted a bid to the County on the day of , 20___ offering to perform the Work on the terms specified in the Contract Documents.

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The Contractor represents that it has the personnel, experience, qualifications, capabilities, and means to accomplish the Work in strict accordance with the Contract Documents, within the Contract Time and for the Contract Price, and that it and its Subcontractors satisfy the responsibility criteria set forth in the Contract Documents, including any supplemental responsibility criteria.

The Contractor further represents that it has carefully examined and is fully familiar with all provisions of the Contract Documents, including any Addenda, that it has fully satisfied itself as to the nature, location, difficulty, character, quality, and quantity of the Work required by the Contract Documents and the conditions and other matters that may be encountered at or near the Project site(s), or that may affect performance of the Work or the cost or difficulty thereof including all applicable safety and site responsibilities, and that it understands and can satisfy all scheduling and coordination requirements and interim milestones.

AGREEMENT:

The County and the Contractor agree to and incorporate the preceding paragraphs and further agree as follows:

1.0 CONTRACTOR TO FULLY PERFORM THE WORK

The Contractor shall fully execute and complete the entire Work described in the Contract Documents, except to the extent specifically indicated in the Agreement, the General Conditions of the Contract (as well as any Supplemental, Special or other Conditions included in the project manual), the Drawings, the Specifications, and all Addenda issued prior to, and all modifications issued after, execution of the Contract.

2.0 DATE OF COMMENCEMENT

The date of commencement of the Work, which is the date from which the Contract Time is measured, shall be fixed as the date the Notice to Proceed is issued.

3.0 CONTRACT TIME AND LIQUIDATED DAMAGES

The Contractor shall achieve all interim milestones as set forth in the Contract Documents and Substantial Completion of the entire Work no later than XXX calendar days from Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. The Contractor shall achieve Final Completion of the Work within XXX calendar days of the date on which Substantial Completion is achieved.

Provisions for liquidated damages as a reasonable estimate of future loss, as of the date of this Agreement, are included in the Contract Documents. The parties agree that the stated liquidated damages are not penalties individually or cumulatively.

The liquidated damages for failure to achieve Substantial Completion by the prescribed date shall be $XXX per calendar day. After the prescribed Final Completion date, the liquidated damages for failure to achieve Final Completion shall be $XXX per calendar day.

Liquidated damages assessed by the County will be deducted from monies due to the Contractor, or from monies that will become due to the Contractor. The liquidated damages, as specified and calculated herein, shall be levied for each and every calendar day that Substantial Completion and/or Final Completion of the

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work is delayed beyond the prescribed completion dates, or the completion dates modified by the County for extensions of the contract time.

4.0 CONTRACT PRICE

In accordance with the Contractor’s bid dated [ ], and in exchange for Contractor's timely and satisfactory completion of the Work, the County shall pay the Contractor in current funds for the Contract Price of dollars ($ ), subject to additions and deductions as provided in the Contract Documents. State and local sales tax is not included in the Contract Price but will be due and paid by the County with each progress payment.

5.0 INSURANCE AND BONDS

The Contractor shall purchase and maintain insurance and provide bonds as set forth in the Contract Documents.

This Agreement is entered into as of the day and year last written below:

This Agreement, including all documents incorporated by reference, contains all the terms and conditions agreed upon by the parties. No other understandings and representations, verbal or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter this Agreement.

Contractor Signature Printed Name and Title Date

Approved As to Form Only by Deputy Prosecuting Attorney

Date Julie Demuth, Finance Director Date

Department Director Date Ryan Mello, County Executive (over $250k) Date