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' EJCDC <br />STANDARD FORM OF AGREEMENT <br />BETWEEN OWNER AND PROVIDER <br />ON THE BASIS OF A STIPULATED PRICE <br />THIS AGREEMENT is dated as of the day of in the year 20_ by and <br />between CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and <br />hereinafter called PROVIDER). <br />' OWNER and PROVIDER, in consideration of the mutual covenants hereinafter set forth, agree as <br />follows: <br />1 Article 1. WORK. <br />PROVIDER shall complete all Work as specified or indicated in the Contract Documents as defined in <br />the "Standard General Conditions of the Construction Contract" 1996 Edition "General Conditions." <br />The Work is generally described as follows: <br />' Beach Access Signs <br />Article 2. ENGINEER. <br />' The Project has been designed by: CALVIN, GIORDANO & ASSOCIATES, INC. <br />1800 Eller Drive, Suite 600 <br />Fort Lauderdale, Florida 33316 <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 />Article 3. CONTRACT TIMES. <br />' 3.1. The work will be substantially completed within 70 days after the date when the <br />Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, <br />and completed and ready for final payment in accordance with Paragraph 14.07 of the General <br />' Conditions within 70 days after the date when the Contract Times commence to run. <br />3.2. LIQUIDATED DAMAGES. OWNER and PROVIDER recognize that time is of the essence <br />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, <br />expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is <br />not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />PROVIDER agree that as liquidated damages for delay (but not as a penalty) PROVIDER shall <br />pay OWNER Five Hundred and 00/100 dollars ($500.00) for each day that expires after the <br />time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially <br />complete. After Substantial Completion, if PROVIDER shall neglect, refuse or fail to complete <br />the remaining Work within the time specified in Paragraph 3.1 for completion and readiness for <br />final payment or any proper extension thereof granted by OWNER, PROVIDER shall pay <br />OWNER Five Hundred 00 /100 dollars ($500.00) for each day that expires after the time <br />specified in Paragraph 3.1 for completion and readiness for final payment. <br />05/06 00500 -1 03- 4122.E <br />