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EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20_ by and between CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Atlantic Isles Roadway and Utility Improvements construction of sanitary sewer collection system with gravity sewer lines. manholes. WASD lift station and force main: paving, grading, and drainage improvements: under grounding of certain utilities. such as FPL power. CAN, and telephone. The installation of a new water main with services is also proposed by the City of North Miami Beach to be constructed contemporaneously, but not currently in this contract. Article 2. ENGINEER. The Project has been designed by: 1 Calvin, Giordano &Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 t (954) 921-7781 who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents tin connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1. The Work will be substantially completed within 150 calendar days after the date when the Contract Times commence to run completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 180 calendar days after the date when the 1 Contract Times commence to run. 3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Thousand and 001100 dollars ($2000.00) for each day that expires after the time specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project completion date within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Thousand 1 and 00/100 dollars ($2000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. 05/08 Final Version 00500-1 05-4893