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goo - x30 <br /> SECTION 00530 <br /> STANDARD FORM OF AGREEMENT <br /> BETWEEN OWNER AND CONTRACTOR <br /> ON THE BASIS OF A STIPULATED PRICE <br /> THIS AGREEMENT ("Agreement' or "Contract), dated the day of m the <br /> year 2008, by and between Indian River County Solid Waste Disposal DIstrrc WDD), a dependent <br /> special district of Indian River County, (hereinafter called OWNER) and Barth Construction, Inc. <br /> (hereinafter called CONTRACTOR). <br /> OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as <br /> follows: <br /> ARTICLE 1 WORK <br /> CONTRACTOR as an independent contractor and not as an employee shall famish and complete all of the <br /> necessary labor, material, and equipment to perform the work as specified or indicated in the Contract <br /> Documents. The work is generally described as follows: <br /> Construction of new on-site household waste collection center facilities including off-site utility services, <br /> demolition of existing on-site collection center, construction of off-site frontage road, and construction of <br /> adjacent tum lanes and roadway improvements. <br /> ARTICLE 2 ENGINEER <br /> The project has been designed by Brown and Caldwell, hereinafter called ENGINEER, and who is to act as <br /> OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to <br /> ENGINEER in the Contract Documents in connection with completion of the work in accordance with the <br /> Contract Documents. <br /> ARTICLE 3 CONTRACT TIME <br /> 3 . 1 The CONTRACTOR shall be substantially completed with the work in One Hundred Eighty <br /> ( 180) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03A <br /> of the Supplementary Conditions, and be completed and ready for final payment in accordance <br /> with Paragraph 14.07 of the General Conditions within Try (30) calendar days after the <br /> issuance of Substantial Completion. <br /> 3 .2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this <br /> Agreement and that OWNER will suffer financial loss if the work is not completed within the times <br /> specified in Paragraph 3 . 1 above, plus any extensions thereof allowed in accordance with Article 12 <br /> of the General Conditions. They also recognize the delays, expense and difficulties involved in <br /> proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on <br /> time. Accordingly, instead of requiring any such prop$ OWNER and CONTRACTOR agree that as <br /> liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER three <br /> hundred dollars ($300.00) for each day that expires after the time specified in Paragraph 3.1 for <br /> Substantial Completion. If CONTRACTOR shall neglect, refuse or fail to complete the remaining <br /> work within the Contract Time or any proper extension thereof granted by OWNER, <br /> FELLSMERE CONVENIENCE CENTER 00530 - Standard Form of Agreement <br /> OOS30 - t <br />