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<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 <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 <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 <br />Work is generally described as follows: <br /> <br />This project involves two separate elements, one is a median closure to limit the traffic <br />movements on NE 175th Terrace on Collins Avenue, and the other element consists of streetscape <br />improvements along section of State Road AlA (Collins Avenue and 183rd street), work is comprised <br />of demolition of existing sidewalk with a replacement comprised of concrete pavers. New pedestrian <br />and landscape lighting will also be part of the project along with new landscaping and irrigation. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by: <br /> <br />Calvin Giordano and Associates, Inc. <br />1800 Eller Drive, Suite 600 <br />Fort Lauderdale, FL 33316 <br /> <br />L1VS Associates <br />21 21 Ponce de Leon Blvd., Suite 610 <br />Coral Gables, FL 33134 <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 <br />Documents 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 130 calendar days after the date when <br />the Contract Times commence to run completed and ready for final payment in accordance <br />with paragraph 14.07 of the General Conditions within 160 calendar days after the date when <br />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 and <br />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 /> <br />09/09 <br /> <br />00500-1 <br /> <br />Exhibit "A" <br /> <br />03-4122.F <br />