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EJCDC <br /> STANDARD FORM OF AGREEMENT <br /> BETWEEN OWNER AND CONTRACTOR <br /> ON THE BASIS OF A STIPULATED PRICE <br /> THIS AGREEMENT is dated as of the day of in the year 20_by and between <br /> CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and . <br /> (hereinafter called CONTRACTOR). <br /> OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as <br /> follows: <br /> Article 1. WORK. <br /> CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is <br /> generally described as follows: <br /> Sealed bids for the construction of water & sewer, telecommunications (AT&T, ABB), for <br /> the new City of Sunny Isles Beach Newport Fishing Pier and Restaurant Utilities. The <br /> scope of work shall include installation of approximately 400 linear feet of an eight (8) <br /> inch PVC water main, 70 linear feet of four (4 inch)PVC fire main, fire hydrant assembly <br /> and a 60 linear feet of a four (4) inch PVC sewer lateral extension. All paver driveway/ <br /> parking area restoration, landscape restoration, curb & gutter restoration, and <br /> maintenance of traffic shall be considered and included in this bid. <br /> Article 2. ENGINEER. <br /> The Project has been designed by: <br /> Calvin, Giordano&Associates, Inc. <br /> 1800 Eller Drive, Suite 600 <br /> Fort Lauderdale, FL 33316 <br /> (954) 921-7781 <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 /> Article 3. CONTRACT TIMES. <br /> 3.1. The Work will be substantially completed within 90 calendar days after the date when the <br /> Contract Times commence. <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 <br /> Article 12 of the General Conditions. They also recognize the delays, expense and difficulties <br /> involved in proving the actual loss suffered by OWNER if the Work is not completed on time. <br /> Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as <br /> liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two <br /> Thousand and 00/100 dollars ($2000.00) for each day that expires after the time specified in <br /> paragraph 3.1 for each Substantial Completion date until the Work is substantially complete. If <br /> CONTRACTOR shall neglect, refuse or fail to complete the project by the project completion date <br /> within the time specified in paragraph 3.1 for completion and readiness for final payment or any <br /> proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Thousand <br /> 08/12 00500-1 11-4179 <br />