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AGREEMENT <br />INDIAN RIVER COUNTY, FLORIDA <br />POST HURRICANES FRANCES AND JEANNE EMERGENCY DUNE RESTORATION <br />PROJECT <br />/-4_a<- <br />/I C, i. <br />t5 ^ 00(p <br />THIS AGREEMENT made and entered into on the 7fil, day of I,,. A, , _ _ 200X, by <br />and between Henry Fischer & Sons, Inc. - 10729 US Rt, # 1 Seian, FL 958 <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 />WITNESSETH : <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 POST HURRICANES FRANCES AND JEANNE <br />EMERGENCY DUNE RESTORATION PROJECT <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 <br />is of the essence, the Contractor will be required to commence work under this <br />contract within ten (10) calendar days after receipt of the notice -to -proceed and shall <br />complete the project by March 1, 2005 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 <br />by 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 />the monies due to CONTRACTOR for the Work under this Contract as the OWNER <br />deems just and reasonable. In addition to the above -stated liquidated damages, the <br />AGREEMENT A-1 <br />