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I I I I I I I I I I I I I I I I I I I - Attachment "A" EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 2~ day of ~~ in the year 2007 by and between CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and Tenex Enterprises. Inc. (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: 172nd Street Roadway Improvements Consistinq of the reconstruction of N.E. 172M Street including: pavinq, qradinq. drainaqe. liqhtinq improvements. traffic separators, sidewalks. and landscapinq. Article 2. ENGINEER. The Project has been designed by: Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 (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 in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1. The work will must be substantially completed within 270 calendar days after the date when the Contract Times commence to run. The work must be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 300 calendar days after the date when the Contract Times commence to run. ttP 3.1.A. Commencement of Contract Times; Notice to Proceed. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be giVe~ . at any time within 120 (one hundred and twenty) calendar days after the Effective Date of the Agreement. The Contract Times commencement date shall not be affected by the Iimitatio :/ r: f~~ periods set forth in Article 2.03 of the Standard General Conditions of the Construction Contract.~ The terms and conditions of this Article 3.1.A supersede any other conflicting provisions that are contained in Article 2.03 of the Standard General Conditions of the Construction Contract or any other document. 3.2. LlQUJDA TED 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 One Final Version 9/07 00500-1 03-4197