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<br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br /> <br />EJCDC <br />ST ANDARD 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 day of in the year 2007 by and between <br />CITY OF SUNNY ISLES BEACHJhereinafter called OWNER) and <br />(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. The Work <br />is generally described as follows: <br /> <br />Drainage and Street Improvements in the Central Island Neighborhood, limited by the NE 1 83rd and l74th <br />Streets along the north and south respectively and Collis Avenue (AlA) and the Dumfoundling waterway <br />along the east and west sides respectively. The work includes asphalt milling and resurfacing, street <br />widening, bicycle paths, drainage structures and associated drainage piping and the construction of 26 <br />drainage (deep) wells, in addition to signing, marking and miscellaneous concrete work, sidewalks, curb <br />and gutter and valley gutters. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by: <br /> <br />Beiswenger, Hoch and Associates Inc <br />510 Shotgun Road Suite 400 <br />Sunrise, FJ. 33326 <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 Central Island Street and Drainage Improvements project will be substantially completed within <br />365 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 <br />of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 <br />of the General Conditions within 395 calendar days after the original date when the Contract Times <br />commence to run. <br /> <br />3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence <br />of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the <br />times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article l2 <br />of the General Conditions. They also recognize the delays, expense and difficulties involved in proving <br />the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of <br />requiring any such proof, O\VNER and CONTRACTOR af,,'Tee that as liquidated damages for delay (but <br /> <br />EJCDC STANDARD FORM OF AGREEMENT Oct. 2007 <br /> <br />00500-1 <br />