2.6. ERMUSR 03-15-2016 - Laserfiche WebLink

Home Browse Search

DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between Elk River Municipal Utilities (Owner)and Municipal Builders, Inc. (Contractor). Owner and Contractor hereby agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as the Water Treatment Plant Na.7 Expansion. ARTICLE 2—THE PROJECT 2.01 The Project,of which the Work under the Contract Documents is a part, is generally described as follows: Water Treatment No.7 Expansion. ARTICLE 3--ENGINEER 3.01 The Project has been designed by Short Elliott Hendrickson Inc.(SEW). 3.02 The Owner has retained SEH(Engineer)to act as Owner's representative,assume all duties and responsibilities,and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any,Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times:Dates A. The Work will be substantially completed on or before February 15.2017,and completed and ready for final payment in accordance with Paragraph 15.013 of the General Conditions on or before June 16 2017. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract.The parties also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.Accordingly, instead of requiring any such proof.Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion:Contractor shall pay Owner$500 for each day that expires after the time(as duly adjusted pursuant to the Contract)specified in Paragraph 4,02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work:After Substantial Completion,if Contractor shall neglect, refuse,or fail to complete the remaining Work within the Contract Time(as duly adjusted pursuant to the Contract)for completion and readiness for final payment, Contractor shall pay Standard Form of Agreement ELKMU 134310 00 5200-1 101