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A l l A(;HMtN I I <br />2017018 - Emergency Dune Restoration at County Beach Parks_Agreement-Guettler <br />Agreement <br />THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida <br />organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and <br />Guettler Brothers Construction LLC. <br />(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants <br />hereinafter set forth, agree as follows: <br />ARTICLE 1- WORK <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is <br />generally described as follows: <br />Emergency Dune Restoration at Golden Sands Beach Park, Wabasso Beach Park, Turtle Trail Beach <br />Park and Tracking Station Beach Park. <br />ARTICLE 2 - THE PROJECT <br />The Project for which the Work under the Contract Documents may be the whole or only a part is <br />generally described as follows: <br />Project Name: Post Hurricane Matthew Emergency Dune Restoration Projects—County Beach Parks <br />Bid Number: 2017018 <br />Project Address: Multiple locations, as indicated in the Invitation to Bid <br />ARTICLE 3 - CONTRACT TIMES <br />3.01 Time of the Essence <br />A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for <br />final payment as stated in the specifications are of the essence of the Agreement. <br />3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment <br />A. The Work will be completed by February 28, 2017. <br />3.03 Liquidated Damages <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that <br />OWNER will suffer financial loss if the Work is not completed within the times specified in <br />paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this <br />Agreement. Liquidated damages will commence for this portion of work. The parties also <br />recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual <br />loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring <br />any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as <br />a penalty), CONTRACTOR shall pay OWNER $388.00 for each calendar day that expires after the <br />Page 26 of 41 <br />P113 <br />