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SECTION 00 52 10 <br /> AGREEMENT FORM <br /> THIS AGREEMENT is by and between the City of Centerville, Minnesota (hereinafter called Owner) <br /> and (hereinafter called Contractor). Owner and Contractor, <br /> 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 <br /> Work is generally described as follows:Thin Bituminous Overlay. <br /> ARTICLE 2- THE PROJECT <br /> 2.01 The Project for which the Work under the Contract Documents may be the whole or only a <br /> part is generally described as follows:2016 Thin Bituminous Overlay Project for the City of <br /> Centerville, Minnesota. <br /> ARTICLE 3- ENGINEER <br /> 3.01 The Project has been designed by Stantec (Engineer),who is to act as Owner's representative, <br /> assume all duties and responsibilities, and will have the rights and authority assigned to <br /> Engineer in the Contract Documents in connection with the completion of the Work in <br /> accordance with the Contract Documents. <br /> ARTICLE 4- CONTRACT TIMES <br /> 4.01 Time of the Essence <br /> A. All time limits for Milestones,if any, Substantial Completion, and completion and readiness <br /> for Final Payment as stated in the Contract Documents are of the essence of the Contract. <br /> 4.02 Dates for Substantial Completion and Final Payment <br /> A. The Work will be substantially completed on or before September 2, 2016, and completed <br /> and ready for Final Payment in accordance with Paragraph 14.07 of the General <br /> Conditions on or before September 16, 2016. <br /> 4.03 Liquidated Damages <br /> A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 <br /> above and that Owner will suffer financial loss if the Work is not completed within the times <br /> specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance <br /> 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 <br /> suffered by Owner if the Work is not completed on time. Accordingly,instead of requiring <br /> any such proof, Owner and Contractor agree that as liquidated damages for delay (but <br /> not as a penalty), Contractor shall pay Owner$500 for each day that expires after the <br /> time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is <br /> Substantially Complete. After Substantial Completion,if Contractor shall neglect, refuse, or <br /> AGREEMENT FORM <br /> ©2015 Stantec 1 193803352 005210-1 <br />