American Process Group Inc 4/15/2020

City of Everett 00 7200 - 55 2020 Biosolids Removal UT3705-11 Job cost reports, including monthly totals. Job payroll ledger. General ledger. Cash disbursements journal. Financial statements for all years reflecting the operations on this Contract. In addition,the Owner may require,if it deems appropriate, additional financial statements for 3 years preceding execution of the Contract and 3 years following Final Acceptance of the Contract. iDepreciation records on all company equipment whether these records are maintained by the company involved, its accountant, or others. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents which support the amount of damages as to each Contract Claim. Worksheets or software used to prepare the Contract Claim establishing the cost components for items of the Contract Claim including but not limited to labor,benefits and insurance,materials, equipment, Subcontractors,all documents which establish the time periods, individuals involved, the hours for the individuals, and the rates for the individuals. Worksheets, software, and all other documents used by the Contractor to prepare its Bid. The employees or representatives of the Owner may audit these documents. The Contractor and its Subcontractors shall provide adequate facilities acceptable to the Owner for the audit during normal business hours. The Contractor and all Subcontractors shall cooperate with the Owner's auditors. Correspondence,notes, and memoranda. Job diaries. 18. MISCELLANEOUS ' 18.1 CONSTRUCTION Contractor acknowledges that it has read the Contract Documents,understands them and agrees to be bound by them. 18.2 APPLICABLE LAW AND CHOICE OF FORUM This Contract and the parties' obligations hereunder shall be governed, construed, and enforced in accordance with the laws of the State of Washington. The parties agree that Snohomish County, in the State of Washington, shall be the proper forum for any action. 18.3 SEVERABILITY In the event that any provision of the Contract Documents is held invalid,void, illegal or unenforceable, the remainder of the Contract Documents shall not be impaired or affected thereby, and each term, provision, and part shall continue in full force and effect. 18.4 HEADINGS FOR CONVENIENCE. The section and subsection headings used herein are for referral and convenience only, and shall not be used to construe or interpret the Contract Documents. 18.5 WAIVER No waiver of one right or remedy shall act as a waiver of any other right or remedy or as a subsequent waiver of the same right or remedy. The waiver by either party of any term or condition of this Contract 00 7200 - 55 GENERAL CONDITIONS