American Process Group 3/30/2022

City of Everett 00 5213 - 1 ' 2022 Biosolids Removal and Disposal UT 3752-30 SECTION 00 5213 -AGREEMENT FORM CONTRACT THIS CONTRACT is made and entered into this (4, " day of FvIgkU'Q-1 „212. ),, by ' and between the City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington (the "City") and NAVA\GPt-a PRoctSS A* -%-E , (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 Drawings and all other ' Contract Documents entitled: "2022 Biosolids Removal and Disposal", (the "Project"). 1. Contract Documents. The "Contract Documents" are defined in the General Conditions. The Contract Documents are part of this Contract and are hereby ' incorporated by reference. Terms that are capitalized in a Contract Document but not defined in that Contract Document shall have the meaning defined to them in the other Contract Documents. 2. Contract Time. Substantial Completion of the Work shall be achieved within seventy-five (75) calendar days after the effective date of the Notice to Proceed. ' Physical Completion shall be within Thirty (30) 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 and Physical Completion dates ' stated above. 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 for each and every calendar day (or working day, if Contract Time is ' described in working days) in the amounts set forth in this Section. For failure to achieve Substantial Completion by the Substantial Completion date stated above, the Contractor shall pay liquidated damages to the City computed at the daily rate of fifteen ' percent (15%) of the Contract Sum divided by the number of days of Contract Time stated above. Once Substantial Completion is achieved, for failure to achieve Physical Completion by the Physical Completion Date stated above, the Contractor shall pay ' liquidated damages at the daily rate of ten percent (10%) of the liquidated damages rate applicable to delays to Substantial Completion. 4. C ntract Sum. The amount of this Contract is Li r✓ p 3�, 3 ) ($ ) and is based on the proposal bid submitted by Contractor dated I av, . and is inclusive of ' 00 5213 - 1 AGREEMENT FORM