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MAY 15 1995 _I FORM OF AGREEMENT INDIM RIVER COUNTY, Florida ROUND ISLAND DUNE WALKOVER STRUCTURE BOOK 60 M, 874 THIS AGREEMENT made and entered into on the 2nd day of May 1985 by and between John Hamilton & Sons, Inc. P.O. Aox 1282, S'eb'astian, FL 32958 (Name) (Address) herein after called the Contractor, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the County. WITNESSETH: That the Contractor and the County, for the consideration hereinafter names, agree as follows: Article 1. SCOPE OF THE PARK: The Contractor shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled ROUND ISLAND DUNE WALKOVER STRUCTLW for Indian River County, Florida and shall do everything reg,,;red by this Agreement and Contract Documents. Article 2. COMMENCEMENT AND COMPLETION: The Contractor will be required to commence work under this Contract within ten (10) calendar days after receipt of the notice to proceed and shall complete the project within forty-five 45 days as specified in the Bidding and General Requirements. The Con- tractor agrees to reimburse Indian River County, Florida as liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of fifty dollars ($50.00) per calendar day. Time is of the essence. Article 3. THE CONTRACT SUM: The County will pay the Contractor for performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Numerical Amount $8,381.20 Written Amount Eight Thousand Three Hundred Eighty One Dollars and Twenty Cents. Article 4. PROGRESS pAyMENTS: None Article 5. ACCEPTANCE AMID FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the County Engineer will promptly make such inspection and when he finds the work acceptable under the terms of the Contract and the Contract fully per- formed, he will promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed, and acceptance by him under the terms and the conditions thereof is recommended and the entire balance found to be due the Contractor, will be paid to the Contractor by the County following County Commission approval of the final Contract payment. Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the County Engineer that all Payrolls, material, bills, and other indebtedness connected With the work have been paid. An affidavit must be 6