Northwest Construction 1/18/2022

December 1,2021 1 Replace Section 1-08.9 Liquidated Damages (including Section 1-08.9(1)) in its entirety with the following: Time is of the essence of the Contract. Delays inconvenience the public, obstruct other I work, interfere with and delay commerce, and increase risk. Delays also cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. I ***Because the City finds it impractical to calculate the actual cost of delays, it has adopted the following formula to calculate liquidated damages for failure to complete the Work of the Contract on time. Accordingly, the Contractor agrees: 1. To pay$10,000 as liquidated damages for each and every calendar day required to accomplish substantial completion of the Work that is in excess of 120 calendar days after the effective date of the Notice to Proceed. 2. To pay$10,000 as liquidated damages for each and every calendar day required to accomplish physical completion of the Work that is in excess of the City-Port Agreement Expiration Date. 3. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. I Substantial Completion Date and Physical Completion Date are defined in Section 1-01.3. The day the Engineer determines that the Work is substantially complete, the Engineer will notify the Contractor in writing of the Substantial Completion Date. The day the Engineer determines that the Work is physically complete, the Engineer will notify the Contractor in writing of the Physical Completion Date. ' Liquidated damages will not be assessed for any days for which an extension of time is granted. Further, the Contractor's total liability for liquidated damages will not exceed the City's liability to the Port for liquidated damages under the City-Port Agreement. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. *** I DIVISION 2—EARTHWORK SECTION 2-09 STRUCTURE EXCAVATION Revise Section 2-09.3(3)B Excavation Using Open Pits— Extra Excavation as follows: Revise the sixth paragraph to read as follows: ***Excavation will consist of vertical trench excavation with shoring as shown on the Plans. The use of extra excavation will NOT be permitted on this project. *** Add the following under Section 2-09.5- Payment Unless included as a separate bid item, the use of Controlled Density Fill (CDF) in place of I normal backfill shall not be allowed unless authorized by the Engineer. I POE Combined Sewer Main imp. Addendum No.2 Work Order#UP3768 Page 4 of 5