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Sample 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 />(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 />Furnish and install all materials necessary for the construction of a restroom facility, public parking <br />and associated drainage improvements as depicted in the bid documents and plans. Provide all <br />excavation, earthwork, grading and supporting culverts, structures, conveyances, boardwalks and <br />fencing necessary for the construction of the walking trail, wetland creation/enhancement and <br />upland fill areas as depicted in the bid documents and plans. <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: Jones Pier Wetland Restoration and Conservation Improvements <br />Bid Number: 2020017 <br />Project Address: 7770 Jungle Trail, Vero Beach, FL 32963 <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 _th 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 />Liquidated damages will commence for this portion of work. The parties also recognize the delays, <br />expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER <br />if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />Page 1 of 15 <br />97 <br />