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SECTION 00530 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement' or "Contract), dated the (qday of m the year 2008, by and between Indian River County Solid Waste Disposal DIstrtc WDD), a dependent special district of Indian River County, (hereinafter called OWNER) and Barth Construction, Inc, (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 famish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents. The work is generally described as follows: Construction of new on-site household waste collection center facilities including off-site utility services, demolition of existing on-site collection center, construction of off-site frontage road, and construction of adjacent tum lanes and roadway improvements. ARTICLE 2 ENGINEER The project has been designed by Brown and Caldwell, 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 work in One Hundred Eighty (180) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03A of the Supplementary Conditions, and be completed and ready for fatal payment in accordance with Paragraph 14.07 of the General Conditions within Try (30) calendar days after the issuance of Substantial Completion. 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 Paragraph 3.1 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 (but not as a penalty) CONTRACTOR shall pay OWNER three hundred dollars ($300.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion. If CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, FELLSMERE CONVENIENCE CENTER 00530 - Standard Form of Agreement 00530 - t