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POST HURRICANE COUNTY PARK DUNE REPAIRS <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 Guettler <br />Brothers Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration <br />of the mutual covenants hereinafter set forth, agree as follows: <br />ARTICLE 1- WORK <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is <br />generally described as follows: <br />The proposed project includes the construction emergency dune repair measures at select County <br />beach parks due to erosional impacts observed to the dune from the passing of Hurricane Ian on <br />September 28, 2022, and the subsequent passing of Hurricane Nicole on November 11, 2022. Such <br />measures include the placement of beach compatible material, secured from an upland source, to the <br />existing dune in order to create a 3:1 slope on the face of the dune to provide storm protection measures. <br />ARTICLE 2 - THE PROJECT <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: IRC -2227 <br />Bid Number: 2023014 <br />Project Address: VARIOUS COUNTY BEACH PARKS <br />ARTICLE 3 - CONTRACT TIMES <br />3.01 Time of the Essence <br />A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final <br />payment 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 />A. The Work will be completed and ready for final payment on or before FEBRUARY 28, 2023, or earlier <br />as identified in applicable permit. <br />3.03 Liquidated Damages <br />A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER <br />will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 <br />above, plus any extensions thereof allowed in writing as a change order to this Agreement. <br />Liquidated damages will commence for this portion of work. The parties also recognize the delays, <br />expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER <br />if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />