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AGREEMENT INDIAN RIVER COUNTY, FLORIDA POST HURRICANES FRANCES AND JEANNE EMERGENCY DUNE RESTORATION PROJECT /-4_a<- /I C, i. t5 ^ 00(p THIS AGREEMENT made and entered into on the 7fil, day of I,,. A, , _ _ 200X, by and between Henry Fischer & Sons, Inc. - 10729 US Rt, # 1 Seian, FL 958 (Name and Address) herein after called the CONTRACTOR, and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter called the COUNTY, or OWNER. WITNESSETH : That the CONTRACTOR and the COUNTY, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF WORK: The CONTRACTOR shall furnish all of the materials and perform all the work shown on the Drawings and described in the Specifications entitled: INDIAN RIVER COUNTY POST HURRICANES FRANCES AND JEANNE EMERGENCY DUNE RESTORATION PROJECT for Indian River County, Florida and shall do everything required by this Agreement and Contract Documents. Payment shall be made in accordance with the Itemized Bid Schedule attached as Exhibit "A" and made a part of this agreement. Article 2. COMMENCEMENT AND COMPLETION & LIQUIDATED DAMAGES: As time is of the essence, the Contractor will be required to commence work under this contract within ten (10) calendar days after receipt of the notice -to -proceed and shall complete the project by March 1, 2005 as specified in the Supplementary Conditions, Paragraph I. The CONTRACTOR agrees to reimburse Indian River County, Florida for liquidated damages for each calendar day elapsing between the date herein specified as the day of full completion and the actual day of such completion of the Contract work the amount of $2,000.00 per calendar day in accordance with the schedule of damages listed in Article 8-10.2 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2002 edition. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by OWNER as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of such damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages from the monies due to CONTRACTOR for the Work under this Contract as the OWNER deems just and reasonable. In addition to the above -stated liquidated damages, the AGREEMENT A-1