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SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE West Regional WWTP Anaerobic Tanks Odor Control System Design THIS AGREEMENT ("Agreement" or "Contract"), dated the 14th day of February in the year 2013 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and R. J. Sullivan Corp. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 WORK CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents (as that term is defined in Article 8 hrein) and per FDEP, FDOT, County Utilities Department and County Engineering Department standards. The work is generally described as follows: The Project includes Flat Aluminum Covers for two Anaerobic Tanks, Odor Control System, Building around the existing Grit Handling Equipment, Aluminum Canopy over existing sludge odor control equipment, Yard Piping Electrical/Controls, Instrumentation/SCADA, Landscaping Buffer and irrigation. All ancillary work associated with these systems are to be included ARTICLE 2 ENGINEER The project has been designed by Atkins, 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 TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe The CONTRACTOR shall be substantially completed with the remaining work Two Hundred and Forty (240) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03 of the General Conditions, and be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within Thirty (30) calendar days after the issuance of the Notice to Proceed. 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 Paragraphs 3.1 and 3.2 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 in a legal proceeding 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 00530-1