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/J l/ •Oy <br />AGREEMENT <br />INDIAN RIVER COUNTY, FLORIDA <br />BAYTREE, MARBRISA, AND SEAGRAPE TRAIL DUNE RESTORATION <br />PROJECT <br />THIS AGREEMENT made and entered into on the 1 hth day of nPcPmhPr , 2003, by <br />and between. Henry Fischer and Sons, Inc. 10729 US Rt. # 1 Sebastian, FL 32958 <br />(Name and Address) <br />herein after called the CONTRACTOR, and INDIAN RIVER COUNTY, a Political <br />Subdivision of the State of Florida organized and existing under the Laws of the State of <br />Florida, hereinafter called the COUNTY, or OWNER. <br />WITNESSETH: <br />That the CONTRACTOR and the COUNTY, for the consideration hereinafter named, <br />agree as follows: <br />Article 1. SCOPE OF WORK: The CONTRACTOR shall furnish all of the materials <br />and perform all the work shown on the Drawings and described in the <br />Specifications entitled: <br />INDIAN RIVER COUNTY BAYTREE, MARBRISA, AND SEAGRAPE <br />TRAIL DUNE RESTORATION PROJECT <br />for Indian River County, Florida and shall do everything required by this <br />Agreement and Contract Documents. Payment shall be made in accordance <br />with the Itemized Bid Schedule attached as Exhibit "A" and made a part of <br />this agreement. <br />Article 2. COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES: <br />As time is of the essence, the Contractor will be required to commence work <br />under this contract within ten (10) calendar days after receipt of the notice -to - <br />proceed and shall complete the project by March 1, 2004 as specified in the <br />Supplementary Conditions, Paragraph I. The CONTRACTOR agrees to <br />reimburse Indian River County, Florida for liquidated damages for each <br />calendar day elapsing between the date herein specified as the day of full <br />completion and the actual day of such completion of the Contract work the <br />amount of $2,000.00 per calendar day in accordance with the schedule of <br />damages listed in Article 840.2 of Florida Department of Transportation <br />Standard Specifications for Road and Bridge Construction, 2002 edition. Said <br />damages shall not exceed 20% of total amount of the contract. Liquidated <br />damages are hereby fixed and agreed upon between the parties, recognizing <br />the impossibility of precisely ascertaining the amount of damages that will be <br />sustained by OWNER as a consequence of such delay, and both parties <br />desiring to obviate any question or dispute concerning the amount of such <br />0 aj.42 V6 <br />