Always Active Services LLC of Seattle 7/21/2022

' CITY OF EVERETT,WASHINGTON CONTRACT THIS CONTRACT is made and entered into this 1 J day of SL)N>. , 2022, by and between the City of Everett,Washington, a municipal corporation existing under the laws of the State of Washington, (the "City") and I�Lt,.A4 s eRv iL S LI-C ' (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 build and construct and to build and construct in a workmanlike manner the work, improvements, and appurtenances in accordance with the Specifications and Plans entitled: "Interurban Trail to YMCA Pedestrian Improvements" (the "Project"). ' 1. Contract Documents. This Contract is the written agreement signed between the City and Contractor and includes this Contract document,the Bid Proposal,Special Provisions, 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. Time for Completion. Substantial completion shall be achieved within thirty-five (35) days. 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 33. )'I a, tt� ' ($ )and is based on the proposal/bid submitted by Contractor dated . 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. Except as provided by RCW 60.28.011(1)(b),five percent (5%) of amounts due Contractor shall be ' retained and withheld to comply with RCW Chap. 60.28. Retained amounts shall only be released (A) as required by law or (B) 60 days after completion of all contract work if there are no claims against retained funds. In cases where all contract work other than landscaping is completed, retained amounts other than the five percent earned for landscaping, shall be released within 60 days of completion as may be required by applicable law. Within 30 ' days of accepting a retainage bond, the bonded portion of the retained funds shall be released as may be required by applicable law. 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. 7. Vacant 8. Indemnification. A. Contractor will defend, indemnify and hold harmless the City from any and all Claims arising out of or relating to any acts, errors, omissions, or conduct by Contractor in connection with its performance of this Contract, including ' INTERURBAN TRAIL TO YMCA PEDESTRIAN IMPROVEMENTS CONTRACT WORK ORDER 3749 Page Cl of C8 APRIL 6,2022