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Standard Form of Agreement <br />00 52 00-1   <br />DOCUMENT 00 52 00 <br />STANDARD FORM OF AGREEMENT <br />THIS AGREEMENT is by and between City of Elk River (“Owner”) and Septic Check (“Contractor”). Owner and <br />Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: <br /> <br />ARTICLE 1 – WORK <br /> <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 /> <br />Provide and install an on-site septic treatment system to serve the concessions building and restroom building at the Elk <br />River Youth Athletic Complex. Work will include all permitting, materials, labor, construction, startup, and restoration for <br />the complete, fully functional, system. <br /> <br />ARTICLE 2 – THE PROJECT <br /> <br />2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally <br />described as follows: <br /> <br />Youth Athletic Complex Septic System Improvements <br /> <br />ARTICLE 3 – ENGINEER <br /> <br />3.01 The Project has been designed by SRF Consulting Group, Inc. (Engineer), and its subconsultants, who is to act as <br />Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer <br />in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. <br /> <br />ARTICLE 4 – CONTRACT TIMES <br /> <br />4.1 Time of the Essence <br /> <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 star on the site until August 2, 2021. <br /> <br />4.3 Dates for Substantial Completion and Final Payment <br /> <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 /> <br />4.4 Liquidated Damages <br /> <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: