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291 - I 'i7 <br /> SECTION 00530 - EJCDC <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 1st day of May in the <br /> year 2097 by and between Indian River County, a political subdivision of the State of Florida (hereinafter <br /> called OWNER) and Wharton-Smith , Inc.(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 furnish 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 /> This project includes a 2 .0 MGD to 6.0 MGD expansion of the existing facility. The Project includes <br /> demolition of the existing pretreatment structure, anaerobic tanks, old original filter, chlorine contact tank <br /> located due east of the operation building, hydropneumatic tank and pumps and other miscellaneous <br /> demolition included yard piping as depicted on the drawings. New construction will generally include <br /> Pretreatment Structure (Screens and Grit Removal System), Pretreatment Odor Control, Pretreatment Drain <br /> Station, New Biological Treatment Tanks, Existing Oxidation Ditch Modifications, Blower Building, Internal <br /> Recycle Pump Stations, Clarifiers, RAS/WAS Pumps, Clarifier Splitter Box Modifications, Filters, Chlorine <br /> Contact Tanks, Hydropneumatic Tank and pumps, Chemical Feed Systems (Caustic, Methanol, and NaOCI), <br /> Sludge Thickening System, sludge holding tank covers and odor control system, Yard Piping <br /> Electrical/Controls, Instrumentation/SCADA, Landscaping Buffer, Pavement & Grading and Storm water <br /> Management. All ancillary work associated with these systems are to be included. <br /> ARTICLE 2 ENGINEER <br /> The project has been designed by PBS&J, hereinafter called ENGINEER, and who is to act as OWNER'S <br /> representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER <br /> in the Contract Documents in connection with completion of the work in accordance with the Contract <br /> Documents. <br /> ARTICLE 3 CONTRACT TIME <br /> 3 . 1 The CONTRACTOR shall be substantially completed with the remaining work Seven Hundred <br /> (700) calendar days after issuance of the Notice to Proceed, in accordance with Paragraph 2 .03 of <br /> the General Conditions, and be completed and ready for final payment in accordance with <br /> Paragraph 14.07 of the General Conditions within Th_ irtvy (30) calendar days after the issuance of <br /> the Notice to Proceed. <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 /> 00530- 1 <br />