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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) <br />and Johnson -Davis. Inc. <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 />The project will consist of the replacement of an existing culvert at the intersection of 74th Avenue <br />and 1st Street SW, in the Indian River Farms Water Control District Sub -Lateral C-2 Canal. The proposed pipe <br />will be a 120" Corrugated Steel Pipe (CSP) with RipRap end treatments. Guardrail will be added on both sides <br />of the road adjacent to the proposed work. Other work will include temporary canal bypass, earthwork, <br />maintenance of traffic, erosion control and any other incidental work required to complete the project. <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 generally <br />described as follows: <br />Project Name: 74TH AVE AND 1sT ST SW CULVERT REPLACEMENT <br />County Project Number: 1737 <br />Bid Number: 2018024 <br />Project Address: 74" Ave and V" St SW, Vero Beach. Florida 32968 <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 final <br />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 and ready for final payment on or before the 901h day after the date <br />when the Contract Times commence to run. <br />3.03 Liquidated Damages <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER <br />will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 <br />'above, plus any extensions thereof allowed in writing as a change order to this Agreement. <br />F:\Purchas1ng\Bids\2017-2018 FY (2018000)\2018024 RFP for 74th Ave Culvert\agreement.doa Page 11 <br />