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parties acknowledge and agree that, from and after the effective date of this Second
<br /> Amendment, the Construction Plans applicable to the balance of the Project shall be those
<br /> set forth in Exhibit "B."
<br /> 4. From and after the effective date of this Second Amendment, Item #3 and item
<br /> #4 of the Bid Form applicable to Sectors 1 and 2, offshore sand source mobilization and
<br /> de-mobilization, and offshore sand source dredge and fill, are amended as set forth on the
<br /> Change Order attached hereto as Exhibit "C." The foregoing bid form is further amended to
<br /> add new item 8, season two beach tilling , and new item 9, season two
<br /> construction/vibration controls.
<br /> 5. From and after the effective data of this Second Amendment, the County agrees,
<br /> solely with respect to the Offshore Sand Source portion of the Sectors 1 and 2 portion of
<br /> the Project, to the new unit price of $26.20 per cubic yard , with an estimated contract
<br /> volume of 170,000 cubic yards for a total estimate of $4,454,000.00 for dredging and fill
<br /> work pursuant to the Contract Documents, The County agrees, solely with respect to the
<br /> Offshore Sand Source portion of the Sectors 1 and 2 portion of the Project, to the new
<br /> Mobilizatlon/Demobilization lump sum of $2,339,000 and a Mobilization/Demobilization
<br /> between pipeline corridors lump sum of $386,000.
<br /> 6. From and after the effective date of this Second Amendment, the County agrees,
<br /> solely with respect to the Offshore Sand Source portion of the Sectors 1 and 2 portion of
<br /> the project, to pay a 'Hopper Dredge Standby Rate" of either $71 ,057 per day pro rata for
<br /> one dredge on site for a maximum time of five (5) days; or $100,754 per day pro rata for
<br /> two dredges on site, for a maximum time of five (5) days, all as set forth In Change Order
<br /> #3 in Exhibit "C". Contractor acknowledges and agrees that the County is constrained by
<br /> the terms of the Permit and, therefore, the County cannot grant a time extension if
<br /> Contractor has not (t) substantially completed the work; and (ii) demobilized from the
<br /> beach by 11 :59 P.M. on April 30, 2008. The County and the Contractor acknowledge and
<br /> agree that the aggregate hopper dredge standby time is ten (10) days, The Standby Rate
<br /> Is payable when there are documented delays due to a) shorebird nesting and monitoring;
<br /> b) the small tooth saw fish; c) sea turtle nesting; and/or, d) any ordered suspension of work
<br /> caused by any reason other than Contractor's non-compliance with, breach of, or other
<br /> default under, the Contract Documents or the Permit. Standby time in excess of the 10
<br /> days allowed herein will be addressed by subsequent Change Order, if needed, at the
<br /> agreed rate of $71 ,057 (one dredge) and $100,754 (two dredges) per day as applicable,
<br /> 7. From and after the date the County receives the Pernit Modification for the
<br /> deeper borrow area ('Sub Area 1 ") from FDEP, the Contractor Is allowed to use the deeper
<br /> borrow area ("Sub-Area 1 ") for the Offshore Sand Source portion of the Sectors 1 and 2
<br /> portion of the Work and the Parties agree that the Contractor's price In Change Order 3 is
<br /> based upon having access to this borrow area. Contractor acknowledges and agrees that
<br /> the Permit Modification Is anticipated to be received from FDEP on or before October 31 , 1
<br /> 2007. Should the Permit Modification not be received by October 31 , 2007, the Contractor C
<br /> will utilize the shallower borrow area ("Sub-Area 2") and the unit price will be changed to
<br /> $29.80 per cubic yard by subsequent Change Order.
<br /> 8. From and after the effective date of this Second Amendment, Article 2 of the
<br /> Agreement, shall be further amended to read in its entirety as follows:
<br /> 2
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