12-28-2015 Council Packet - Laserfiche WebLink

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SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of Lino Lakes, Minnesota (hereinafter called Owner) and (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, 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 follows: Repainting Elevated Water Storage Tank No. 1 and related work. Tank No.1 is a 1.0 M. Gallon PDM Hydropillar with 138 Ft. to TCL. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part and is generally described as follows: Repainting of Elevated Water Tank No. 1 for the City of Lino Lakes, Minnesota. ARTICLE 3- ENGINEER 3.01 The Project has been designed by Stantec, (Engineer), 2335 Highway 36 West, St. Paul, MN 55113 who is to act as Owner's representative, assume all duties and responsibilities, and will 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 Dates for Substantial Completion A. The Work will be Substantially Completed on or before July 1, 2016, including removal of all equipment and materials from the Site, passing disinfection requirement, filled and hydraulically tested and the restoration of the site as required herein and on the Drawings. B. The Project completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions, on or before August 15, 2016. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement 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 Article 12 of the General Conditions. 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), AGREEMENT FORM © 2015 Stantec 1 193803415 00 52 10 - 1