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CITY OF EVERETT,WASHINGTON <br /> CONTRACT <br /> THIS CONTRACT is made and entered into this 6th day of May, 2016, by and between the City of <br /> Everett, Washington, a municipal corporation existing under the laws of the State of Washington, <br /> hereinafter called the "City," and American Process Group Inc., a Corporation Incorporated under the <br /> laws of Delaware and registered to do business in the State of Washington, hereinafter called the <br /> "Contractor." <br /> In consideration of the sums to be paid to it by the City, Contractor hereby covenants and agrees to <br /> furnish all labor, tools, materials, equipment, and supplies required to build and construct and to build <br /> and construct in a workmanlike manner the work, improvements, and appurtenances in accordance with <br /> the Specifications and Plans entitled: "2016 Biosolids Removal" (the "Project"). <br /> 1. Contract Documents. The following documents ("Contract Documents") are incorporated by <br /> reference and are hereby made a part of this Contract: <br /> A. Notice to Contractors <br /> B. Instructions to Bidders (if any) <br /> C. Washington State Department of Transportation Standard Specifications 2014 as <br /> modified by all amendments thereto as of the date of bid opening of this Project <br /> ("Standard Specifications"). <br /> D. Special Provisions <br /> E. Plans, Drawings and Project Specifications <br /> F. Addenda(if any) <br /> G. Payment Bond and Performance Bond <br /> H. Contractor's Proposal/Bid (conformed copy dated May 6, 2016) <br /> I. All provisions required by law whether set forth and reproduced herein or not <br /> 2. Time for Completion. Substantial completion shall be achieved within ninety (90) calendar days of <br /> the effective date of the Notice to Proceed. Physical completion shall be within one hundred and twenty <br /> (120) calendar days of the actual date of issuance of substantial completion. <br /> 3. Liquidated Damages. The parties agree the City will suffer damage and be put to additional <br /> expense in the event that the Contractor does not complete the work in all respects and have it ready for <br /> use by the substantial completion date stated. Because it is difficult to accurately compute the amount of <br /> such costs and damages, the Contractor hereby covenants and agrees to pay to the City liquidated <br /> damages as computed in Section 1-08.9 of the Standard Specifications, for each and every calendar day <br /> required to accomplish substantial completion of the work in excess of the period established above for <br /> substantial completion. For overruns in contract time occurring after the physical completion date, <br /> liquidated damages shall be assessed at the rate of ten percent (10%) of the amount computed in Section <br /> 1-08.9 of the Standard Specifications until the work is physically complete. <br /> 4. Contract Amount. The amount of this Contract is Five hundred fifty-three thousand, sixty-five <br /> dollars and 98 cents ($553,065.98) and is based on the proposal/bid submitted by Contractor dated May <br /> 6, 2016. The basis for final payment will be the actual amount of work performed according to the <br /> Contract Documents and payments, whether partial or final, shall be made as specified therein. <br /> 2016 Biosolids Removal Division C-CONTRACT December 1,2015 <br /> Work Order#UP 2600-4-1 C-1 <br />