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a0 <br /> 0 <br /> AGREEMENT <br /> INDIAN RIVER COUNTY, FLORIDA <br /> MITIGATION REEF PROJECT - SHORELINE SECTORS I & 2 <br /> (AMBERSAND BEACH) <br /> THIS AGREEMENT made and entered into on the 20th day of January , 20049 by <br /> and between Wilkinson & Jenkins Construction Co Inc St Petersburg Florida <br /> (Name and Address) <br /> herein after called the CONTRACTOR, and INDIAN RIVER COUNTY, a Political Subdivision <br /> of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter <br /> called the COUNTY, or OWNER. <br /> WITNESSED: <br /> That the CONTRACTOR and the COUNTY, for the consideration hereinafter named, agree as <br /> follows : <br /> Article 1 . SCOPE OF WORK: The CONTRACTOR shall furnish all of the materials and <br /> perform all the work shown on the Drawings and described in the Specifications <br /> entitled : <br /> INDIAN RIVER COUNTY MITIGATION REEF PROJECT - SHORELINE <br /> SECTORS 1 & 2 (AMBERSAND BEACH) <br /> for Indian River County, Florida and shall do everything required by this Agreement <br /> and Contract Documents. Payment shall be made in accordance with the Itemized Bid <br /> Schedule attached as Exhibit "A" and made a part of this agreement . <br /> Article 2 . COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES : As time is <br /> of the essence, the Contractor will be required to commence work under this contract <br /> within ten ( 10) calendar days after receipt of the notice-to -proceed and shall complete <br /> the project by September 30, 2004 as specified in the Supplementary Conditions, <br /> Paragraph I . The CONTRACTOR agrees to reimburse Indian River County, Florida <br /> for liquidated damages for each calendar day elapsing between the date herein <br /> specified as the day of full completion and the actual day of such completion of the <br /> Contract work the amount of $2 , 000 . 00 per calendar day in accordance with the <br /> schedule of damages listed in Article 8 - 10 . 2 of Florida Department of Transportation <br /> Standard Specifications for Road and Bridge Construction, 2002 edition. Liquidated <br /> damages are hereby fixed and agreed upon between the parties, recognizing the <br /> impossibility of precisely ascertaining the amount of damages that will be sustained by <br /> OWNER as a consequence of such delay, and both parties desiring to obviate any <br /> question or dispute concerning the amount of such damages and the cost and effect of <br /> the failure of CONTRACTOR to complete the Contract on time . The above-stated <br /> liquidated damages shall apply separately to each portion of the Project for which a <br /> time for completion is given. The CONTRACTOR and OWNER agree that OWNER <br /> is authorized to deduct all or any portion of the above- stated liquidated damages from <br /> AGREEMENT A - 1 <br />