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SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT <br />BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE <br />West Regional WWTP Anaerobic Tanks Odor Control System Design <br />THIS AGREEMENT ("Agreement" or "Contract"), dated the 14th day of February in the <br />year 2013 by and between Indian River County, a political subdivision of the State of Florida <br />(hereinafter called OWNER) and R. J. Sullivan Corp. (hereinafter called CONTRACTOR). <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree <br />as follows: <br />ARTICLE 1 WORK <br />CONTRACTOR as an independent contractor and not as an employee shall furnish <br />and complete all of the necessary labor, material, and equipment to perform the work <br />as specified or indicated in the Contract Documents (as that term is defined in Article <br />8 hrein) and per FDEP, FDOT, County Utilities Department and County Engineering <br />Department standards. The work is generally described as follows: <br />The Project includes Flat Aluminum Covers for two Anaerobic Tanks, Odor Control <br />System, Building around the existing Grit Handling Equipment, Aluminum Canopy <br />over existing sludge odor control equipment, Yard Piping Electrical/Controls, <br />Instrumentation/SCADA, Landscaping Buffer and irrigation. All ancillary work <br />associated with these systems are to be included <br />ARTICLE 2 ENGINEER <br />The project has been designed by Atkins, hereinafter called ENGINEER, and who is to act as <br />OWNER'S representative, assume all duties and responsibilities and have the rights and authority <br />assigned to ENGINEER in the Contract Documents in connection with completion of the work in <br />accordance with the Contract Documents. <br />ARTICLE 3 CONTRACT TIME <br />3.1 The CONTRACTOR shall be substantially completed with the following timeframe <br />The CONTRACTOR shall be substantially completed with the remaining work Two <br />Hundred and Forty (240) calendar days after issuance of the Notice to Proceed, in <br />accordance with Paragraph 2.03 of the General Conditions, and be completed and ready <br />for final payment in accordance with Paragraph 14.07 of the General Conditions within <br />Thirty (30) calendar days after the issuance of the Notice to Proceed. <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 <br />within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof <br />allowed in accordance with Article 12 of the General Conditions. They also recognize the <br />delays, expense and difficulties involved in proving in a legal proceeding the actual loss <br />suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring <br />any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay <br />00530-1 <br />