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SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT ("Agreement" or "Contract"), dated the 14th day of October in the year 2008 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Interstate Engineering Corporation (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 furnish 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: Improvements of the County's existing South RO water treatment facility. All concrete, piping, electrical, instrumentation, and ancillary work associated with these systems are to be included. ARTICLE 2 ENGINEER The project has been designed by Kimley-Horn and Associates, Inc., 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 work performed by the CONTRACTOR under this agreement shall be substantially completed within One Hundred and Eighty (180) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2.03 of the General Conditions, and be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within Two Hundred and Ten (2 10) calendar days after the issuance of the Notice to Proceed. 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 four - hundred fifty dollars ($450.00) 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, 044527017 00530-1