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I <br /> CITY OF EVERETT,WASHINGTON <br /> I <br /> CONTRACT <br /> THIS CONTRACT is made and entered into this 27th day of January , 2017, by and between <br /> the City of Everett, Washington, a municipal corporation existing under the laws of the State of <br /> I <br /> Washington, hereinafter called the "City," and <br /> American Process Group Inc. a <br /> Corporation Incorporated under the laws of ,hereinafter called the"Contractor." <br /> I <br /> Delaware and registered to do business in the State of Washington <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 /> I <br /> the Specifications and Plans entitled: " 2017 Biosolids Removal Project ,, (the <br /> "Project"). <br /> I <br /> 1. Contract Documents. The following documents ("Contract Documents") are incorporated by <br /> reference and are hereby made a part of this Contract: <br /> Notice to Contractors <br /> IA. <br /> B. Instructions to Bidders(if any) <br /> IC. 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 /> I <br /> D. Special Provisions <br /> E. Plans,Drawings and Project Specifications <br /> IF. Addenda(if any) <br /> G. Payment Bond and Performance Bond <br /> IH. Contractor's Proposal/Bid(conformed copy dated January 6, 2017 ) <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 <br /> I <br /> twenty(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 /> I 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 /> I <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 /> I 1-08.9 of the Standard Specifications until the work is physically complete. <br /> Six hundred three-thousand, seven hundred eighty <br /> 4. Contract Amount. The amount of this Contract is six dollars and zero cents <br /> ($ 603,786.00 ) and is based on the proposal/bid submitted by Contractor dated <br /> I <br /> January 6, 2017 . The basis for final payment will be the actual amount of work performed <br /> 2017 Biosolids Removal Division C-CONTRACT December 1,2016 <br /> Work Order#UP 2600-4-1 C-1 <br /> Iovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal <br />