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2025oo6 West Regional Wastewater Treatment Facility Clarifiers No. 1 and 2 Improvements <br />Agreement <br />THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of <br />Florida organized and existing under the Laws of the State of Florida, (hereinafter called County) and <br />Lawrence Lee Construction Services, Inc. (hereinafter called Contractor). County and Contractor, in <br />consideration of the mutual covenants hereinafter set forth, agree as follows: <br />ARTICLE i — WORK <br />Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally <br />described as the renovation of the concrete basins of Clarifier Nos.1 and 2, and replacement of equipment in <br />both clarifiers. <br />ARTICLE 2 — PROJECT <br />The Project for which the Work under the Contract Documents is generally described as follows: <br />Project Name: West Regional Wastewater Treatment Facility Clarifiers No.1 and 2 Improvements <br />RFP Number: 20250o6 <br />IRCDUS Project ID: 22.23.556 <br />Address: 8405 8th Street, Vero Beach, Florida, 32966 <br />ARTICLE 3 - CONTRACT TIMES <br />3.01 Time of the Essence <br />All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment <br />as stated in the specifications are of the essence of the Agreement. <br />3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment <br />The Work will be completed and ready for final payment on or before the 547th day (per submitted schedule) <br />after the date when the Contract Times commence to run. <br />3.03 Liquidated Damages <br />Contractor and County recognize that time is of the essence of this Agreement and that County will suffer <br />financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any <br />extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence <br />for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in <br />a legal proceeding the actual loss suffered by County if the Work is not completed on time. Accordingly, instead <br />of requiring any such proof, County and Contractor agree that as liquidated damages for delay (but not as a <br />penalty), Contractor shall pay County $1,694 for each calendar day that expires after the time specified in <br />paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final <br />payment. <br />3.04 The Contractor shall submit a draft baseline schedule, including the critical path, for review by <br />Indian River County. The County reserves the right to request modifications. Upon such a request, the County <br />and Contractor shall engage in negotiations. The Contractor shall revise the schedule in accordance with the <br />agreed-upon modifications, thereby establishing the Baseline Schedule. This Baseline Schedule will be utilized <br />