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2025046 Fiber Optic Cable Interconnectivity, Bldg. B to EOC <br />Agreement <br />THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of <br />Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and New <br />Tech Construction Corn (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration <br />of the mutual covenants hereinafter set forth, agree as follows: <br />ARTICLE i — 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 />Furnish and install the fiber optic infrastructure needed to connect the main County <br />Administration Building to the County Emergency Operation Center per plans labeled Roadway <br />Contract Plans, Emergency Operations Center Fiber Infrastructure Expansion Project, dated <br />March, 2025 Sheets 1-27. <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: Fiber Optic Cable Interconnectivity, Bldg. B to EOC <br />Bid Number: 2025046 <br />Project Address: N/A <br />ARTICLE 2 - CONTRACT TIMES <br />2.01 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. Receipt of a fully executed copy of this <br />agreement by electronic means shall serve as notice to proceed. <br />2.02 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 150th day after the date when the <br />Contract Times commence to run. <br />2.03 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 2.02 above, plus any <br />extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence <br />for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in <br />a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, <br />instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay <br />(but not as a penalty), CONTRACTOR shall pay OWNER $1.685 for each calendar day that expires after the <br />time specified in paragraph 2.02 for completion and readiness for final payment until the Work is completed <br />and ready for final payment. <br />