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2023052 Clerk's IT Security Upgrades <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 Don Hinkle <br />Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the <br />mutual covenants 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 />Interior alteration to the Clerk of Courts office located on the second floor of County <br />Administration building "A". Alterations consist of adding a wall and door at the south end and north <br />end of the east corridor and installation of swipe card access. <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: Information Technology Security Upgrades (IRC -2206) <br />Bid Number: 2023052 <br />Project Address: 180127 1h Street, Vero Beach FL 32960 <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 and ready for final payment on or before the 60th 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 sufferfinancial loss if the Work is not completed within the times specified in paragraph 3.02 above, <br />plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated <br />damages will commence for this portion of work. The parties also recognize the delays, expense, and <br />difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is <br />not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR <br />agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER <br />980.001 for each calendar day that expires after the time specified in paragraph 3.02 <br />