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<br />n <br />, <br /> <br />L.J <br /> <br />n <br />( <br /> <br />LJ <br /> <br />n <br />LJ <br /> <br />n <br />u <br /> <br />n <br />u <br /> <br />n <br />u <br /> <br />n <br />LJ <br /> <br />n <br />u <br /> <br />n <br />u <br /> <br />n <br /> <br />u <br /> <br />n <br />L.J <br /> <br />n <br /> <br />L.J <br /> <br />(I <br />LJ <br /> <br />n <br /> <br />L.J <br /> <br />II <br /> <br />L.J <br /> <br />rl <br />LJ <br /> <br />n <br />u <br /> <br />n <br /> <br />LJ <br /> <br />n <br />u <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 q~ day of C;;1)~ . in the year 20Q5 by and between <br />CITY OF SUNNY ISLES BEACH (hereinafter calleoOWNER) and Fence Master Inc. . a <br />Florida corooration hereinafter called CONTRACTOR). <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 as are <br />defined in the "Standard General Conditions of the Construction Contract" 1996 Edition "General <br />Conditions". The Work is generally described as follows: <br /> <br />Construction of a fencing system consisting of furnishing and installing 1,175 +/ - linear feet of <br />three-foot (3') high black metal picket fence and repairing/resetting 16 +/- linear feet of existing <br />three-foot (3') high black metal picket fence. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by: <br /> <br />CALVIN, GIORDANO & ASSOCIATES, INe. <br />1800 Eller Drive, Suite 600 <br />Fort Lauderdale, Florida 33316 <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 work will be substantially completed within 60 days after the date when the Contract <br />Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed <br />and ready for final payment in accordance with paragraph 14.07 of the General Conditions within <br />90 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 completed <br />within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in <br />accordance with Article 12 of the General Conditions. They also recognize the delays, expense and <br />difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on <br />time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that <br />as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five <br />Hundred and 00/100 dollars ($500.00) for each day that expires after the time specified in <br />paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial <br />Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within <br />the time specified in paragraph 3.1 for completion and readiness for final payment or any proper <br /> <br />06/05 <br /> <br />00500-1 <br /> <br />03-4138.B <br /> <br />SIB <br />