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2021 Concrete Improvement Project AGREEMENT <br />PW-21-0102 1 of 5 <br />AGREEMENT BETWEEN OWNER AND CONTRACTOR <br />FOR CONSTRUCTION CONTRACT <br />THIS AGREEMENT is made this 24th day of May, 2021 (hereinafter “Effective Date of the Contract”) by <br />and between the City of Arden Hills, Ramsey County, Minnesota (hereinafter “Owner”) and Pember <br />Companies (hereinafter “Contractor”). The Owner and Contractor hereby agree as follows: <br />ARTICLE 1 – THE WORK AND THE PROJECT <br />1.01 <br />1.02 <br />Contractor shall complete all Work as specified or indicated in the Contract Documents. The <br />Work is generally described as follows: Construction of spot curb replacement, pavement <br />patching, and adjust frame and ring castings including all restoration work. <br />The Project, of which the Work under the Contract Documents is a part is generally described as <br />follows: 2021 Concrete Improvements Project, City Project No. PW-21-0102. <br />ARTICLE 2 – CONTRACT DOCUMENTS <br />2.01 The Contract Documents consist of the following: <br />A. This Agreement <br />B. Proposal Form <br />C. Insurance Certificates <br />D. Instructions to Bidders <br />E. Division 1 – General Requirements <br />F. The following which may be delivered or issued on or after the Effective Date of the <br />Contract and are not attached hereto: <br />1. Notice to Proceed <br />2. Work Change Directives <br />3. Change Orders <br />4. Field Orders <br />2.02 This instrument, together with the documents hereinabove mentioned, form the Agreement, and <br />they are as fully a part of the Agreement as if hereto attached or herein repeated. <br />2.03 The Contract Documents may only be amended, modified, or supplemented as provided in the <br />General Conditions and Supplemental Conditions. <br />ARTICLE 3 – CONTRACT TIMES <br />1.01 <br />1.02 <br />1.03 <br />Contract Times: The Work will be substantially completed on or before August 31, 2021, and <br />completed and ready for final payment in accordance with Paragraph 15.06 of the General <br />Conditions on or before October 25, 2021. <br />All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final <br />payment as stated in the Contract Documents are of the essence of the Contract. <br />Liquidated Damages: Contractor and Owner recognize that time is of the essence as stated above <br />and that Owner will suffer financial and other losses if the Work is not completed and Milestones <br />not achieved within the times specified in Paragraph 3.01 above, plus any extensions thereof <br />allowed in accordance with the Contract. The parties also recognize that delays, expense, and <br />difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner <br />if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and <br />Contractor agree that as liquidated damages for delay, but not as a penalty;