American Process Group LLC 12/8/2023

Contract (00 5213) - 1 CONTRACT THIS CONTRACT is made and entered by and between the City of Everett, Washington, a municipal corporation existing under the laws of the State of Washington (the “City”) and American Process Group LLC (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: “UT 3826 2024 WPCF Biosolids Removal” (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. A copy of the Contract Documents that were posted for the Project on Builder’s Exchange of Washington (www.bxwa.com) as of Bid Opening Date is maintained by the City Clerk’s Office as a single pdf and is available as follows: Link to PDF https://lfportal.everettwa.gov/WebLink/DocView.aspx?id=1595639&searchid=96bd8 530-3afb-41c5-adb3-13b44a5ea3eb&dbid=0 This is a 307-page pdf digitally signed by City of Everett 2023.10.31 10:17:17-07’00’ Contractor acknowledges that Contractor has downloaded and reviewed this pdf prior to signing this Contract. City and Contractor agree that this pdf contains all posted Contract Documents as of the Bid Opening Date. City and Contractor further agree that this pdf may contain some other documents (such as Reference Information) that are not 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