Northwest Construction 1/18/2022

I CITY OF EVERETT, WASHINGTON CONTRACT THIS CONTRACT is made and entered into this day of ,20 ,by and between the City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington (the "City") and a ("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 build and construct and to build and construct in a workmanlike manner the work, improvements, and appurtenances in accordance with the Specifications and Plans and all other Contract Documents entitled: " (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. 2. Contract Time. Substantial completion shall be achieved one hundred fifty (150) calendar days after the effective date of the Notice to Proceed. Physical completion shall be one hundred eighty(180)calendar days after 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 calendar 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 Sum. The amount of this Contract is ' ($ ) and is based on the proposal/bid submitted by Contractor dated and is inclusive of Washington state sales tax. 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. 5. Withholding. Five percent(5%)of amounts due Contractor shall be retained and withheld to ensure to ' comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as required by law or (B) sixty (60) days after completion of all contract work if there are no claims against the retained funds. In addition to the amounts required by RCW 60.28 to be withheld from the progress or retained percentage ' payments to the Contractor,the City may,in its sole discretion,withhold any amounts sufficient to pay any claim against the Contractor of which the City may have knowledge and regardless of the informalities of notice of such claim arising out of the performance of this Contract. The City may withhold the amount until either the Contractor secures a written release from the claimant, obtains a court decision that such POE Combined Sewer Main Imp. Division C—CONTRACT October 2021 Work Order#UP3768 SP-14