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DOCUMENT 00 52 00 <br />STANDARD FORM OF AGREEMENT <br />THIS AGREEMENT is by and between City of Elk River ("Owner") and Ebert Construction ("Contractor"). Owner and <br />Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: <br />ARTICLE 1— WORK <br />1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally <br />described as follows: <br />Renovation of an existing concessions building and associated site work. Also included is associated site work for a new <br />restroom building to be constructed by others. <br />ARTICLE 2 — THE PROJECT <br />2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is generally <br />described as follows: <br />Youth Athletic Complex Concessions Building Renovation and Site Work. <br />ARTICLE 3 — ENGINEER <br />3.01 The Project has been designed by SRF Consulting Group, Inc. (Engineer), who is to act as Owner's representative, <br />assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract <br />Documents in connection with the completion of the Work in accordance with the Contract Documents. <br />ARTICLE 4 — CONTRACT TIMES <br />4.1 Time of the Essence <br />A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as <br />stated in the Contract Documents are of the essence of the Contract. <br />4.2 Construction Start Time <br />A. No work shall start on the site until August 2, 2021. <br />4.3 Dates for Substantial Completion and Final Payment <br />A. All Work shall be substantially completed on or before Friday, October 29, 2021, and completed and ready for final <br />payment in accordance with Paragraph 14.07 of the General Conditions on or before Friday, November 12, 2021. <br />4.4 Liquidated Damages <br />A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial <br />loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof <br />allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, <br />and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the <br />Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that <br />as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner a daily charge for each day that <br />expires after the time specified in Paragraph 4.02 for Milestones and/or Substantial Completion until the Work for <br />the Milestones and/or Substantial Completion is complete. After Substantial Completion, if Contractor shall <br />neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof <br />granted by Owner, Contractor shall pay Owner daily charge for each day that expires after the time specified in <br />Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final <br />payment. The daily charges will be based on the original contract value, and will be in the amount shown in the <br />following table: <br />Standard Form of Agreement <br />00 52 00-1 <br />