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<br />n <br /> <br />LJ <br /> <br />n <br /> <br />u <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />I 181sT ACTIVE PARK <br /> <br />Julv 19APRIl10, 2005 <br /> <br />EJCDC <br />STANDARD FORM OF AGREEMENT <br />BETWEEN OWNER AND CONTRACTOR <br />ON THE BASIS OF A STIPULA TED PRICE <br /> <br />THIS AGREEMENT is dated as of the <br />between CITY OF SUNNY ISLES BEACH <br />(hereinafter called CONTRACTOR). <br /> <br />day of in the year 20_ by and <br />(hereinafter called OWNER) and Siltek GrouD, Inc. <br /> <br />LJ <br /> <br />n OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree <br />as follows: <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br />LJ <br /> <br />n <br />u <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />n <br /> <br />LJ <br /> <br />Article 1. WORK. <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The <br />Work is generally described as follows: <br /> <br />Sealed bids for the construction of the 18151 Drive Active Park, at 18115 North Bay Road, <br />Sunny Isles Beach, Florida, 33160, consisting of a two (2) acres site to be developed as a <br />public recreation area will be received by the Owner, City of Sunny Isles Beach. Work <br />generally will consist of a baseball field with lighting, perimeter on-street parking, a new <br />recreation center, a new gymnasium, landscape, infrastructure, and miscellaneous site <br />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 <br />duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract <br />Documents in connection with completion of the Work in accordance with the Contract <br />Documents. <br /> <br />Article 3. CONTRACT TIMES. <br /> <br />3. ,. The Architectural Building work will be substantially completed within 365 calendar <br />days after the date when the Contract Times commence to run and the Project Site work will <br />be completed within 432 calendar days after the date when the Contract Times commence <br />to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for <br />final payment in accordance with paragraph 14.07 of the General Conditions within 463 <br />calendar days after the date when the Contract Times commence to run. <br /> <br />3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the <br />essence of this Agreement and that OWNER will suffer financial loss if the Work is not <br />completed within the times specified in paragraph 3.1 above, plus any extensions thereof <br />allowed in accordance with Article 12 of the General Conditions. They also recognize the <br />delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the <br />Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER <br />and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) <br />CONTRACTOR shall pay OWNER One Thousand Five Hundred and 00/100 dollars ($1500.00) <br />for each day that expires after the time specified in paragraph 3.1 for each Substantial <br />Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, <br /> <br />EJCDC STANDARD FORM OF AGREEMENT <br /> <br />00500-1 <br />