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<br />181ST ACTIVE PARK <br /> <br />APRIL10, 2005 <br /> <br />EJCDC <br />STANDARD FORM OF AGREEMENT <br />BETWEEN OWNER AND CONTRACTOR <br />ON THE BASIS OF A STIPULATED PRICE <br /> <br />THIS AGREEMENT is dated as of the day of <br />CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and <br />(hereinafter called CONTRACTOR). <br /> <br />in the year 20_ by and between <br />Siltek Group. Inc. <br /> <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as <br />follows: <br /> <br />Article 1. WORK. <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work <br />is generally described as follows: <br /> <br />Sealed bids for the construction of the 18151 Drive Active Park, at 18115 North Bay Road, Sunny <br />Isles Beach, Florida, 33160, consisting of a two (2) acres site to be developed as a public <br />recreation area will be received by the Owner, City of Sunny Isles Beach. Work generally will <br />consist of a baseball field with lighting, perimeter on-street parking, a new recreation center, a new <br />gymnasium, landscape, infrastructure, and miscellaneous site amenities. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by: <br /> <br />Miller, Legg & Associates, Inc. d/b/a Miller Legg <br />1800 N. Douglas Road, Suite 200 <br />Pembroke Pines, Florida 33024 <br /> <br />who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties <br />and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents <br />in connection with completion of the Work in accordance with the Contract Documents. <br /> <br />Article 3. CONTRACT TIMES. <br /> <br />3.1. The Architectural Building work will be substantially completed within 365 calendar days <br />after the date when the Contract Times commence to run and the Project Site work will be <br />completed within 432 calendar days after the date when the Contract Times commence to run as <br />provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in <br />accordance with paragraph 14.07 of the General Conditions within 463 calendar days after the <br />date when the Contract Times commence to run. <br /> <br />3.2. L1QUlDA TED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence <br />of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the <br />times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with <br />Article 12 of the General Conditions. They also recognize the delays, expense and difficulties <br />involved in proving the actual loss suffered by OWNER if the Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as <br />liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One <br />Thousand Five Hundred and 00/100 dollars ($1500.00) for each day that expires after the time <br />specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially <br />complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project <br />completion date within the time specified in paragraph 3.1 for completion and readiness for final <br />payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER <br />One Thousand and 00/100 dollars ($1000.00) for each day that expires after the time specified in <br />paragraph 3.1 for completion and readiness for final payment. <br /> <br />EJCDC STANDARD FORM OF AGREEMENT <br /> <br />Exhibit "B" <br /> <br />00500-1 <br />