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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 day of 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 /> 71 <br />