American Process Group LLC 10/31/2023

City of Everett 00 5213 - 1 2024 WPCF Biosolids Removal UT 3826-2 00 5213 - 1 AGREEMENT FORM SECTION 00 5213 - AGREEMENT FORM CONTRACT THIS CONTRACT is made and entered into this _____ day of _____________, ____, by and between the City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington (the “City”) and ______________________________________, (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 complete in a workmanlike manner the work, improvements, and/or appurtenances in accordance with the Specifications and Drawings and all other Contract Documents entitled: “________________________” (the “Project”). 1. Contract Documents. The “Contract Documents” are defined in the General Conditions and each such Contract Document is as posted for the Project on Builder’s Exchange of Washington (www.bxwa.com) as of the Bid Opening Date. The Contractor hereby acknowledges receipt of a complete pdf entitled “Complete Set of BXWA Posted Documents” from the City. 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 sixty (60) 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.