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2025-047
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2025-047
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Last modified
3/27/2025 12:46:56 PM
Creation date
3/27/2025 12:43:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/25/2025
Control Number
2025-047
Agenda Item Number
9.D.
Entity Name
Indian River Docks, Inc.
Subject
. Agreement for Donald MacDonald Campground T-Dock Rebuild 12315 Roseland Blvd Sebastian
Bid Number
BID No. 2025021
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2025021 Donald MacDonald T -Dock Rebuild <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 Indian River <br />Docks, LLC, (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual <br />covenants hereinafter set forth, agree as follows: <br />ARTICLE 1— WORK AND PROJECT <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is <br />generally described as follows: <br />Furnishing all the necessary equipment, materials, and labor for the repair of Donald MacDonald <br />Campground T -Dock Rebuild <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: Donald MacDonald Campground T -Dock Rebuild <br />Bid Number: 2025021 <br />Project Address: 12315 Roseland Road, Sebastian, FL 32958 <br />ARTICLE 2 - CONTRACT TIMES <br />3.01 Time of the Essence <br />All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment <br />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 />The Work will be completed and ready for final payment on or before the 90th day after the date when the <br />Contract Times commence to run. <br />3.03 Liquidated Damages <br />CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will <br />suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus <br />any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will <br />commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved <br />in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated <br />damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $904 for each calendar day that <br />expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the <br />Work is completed and ready for final payment. <br />
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