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SECTION 00520 Agreement <br />THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the <br />State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called <br />OWNER) and Guettler Brothers Construction, LLC (hereinafter called CONTRACTOR). <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, <br />agree as follows: <br />ARTICLE 1 -WORK <br />1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract <br />Documents. The Work is generally described as follows: <br />The proposed project includes beach and dune renourishment within the County's Sector 5 Project <br />Area via the placement of approximately 153,300 cubic yards of beach -compatible sand fill and the <br />installation of about 100,000 native dune plants over approximately 3.1 miles of Atlantic Ocean beach <br />in Indian River County. Sand fill is proposed to be obtained from either (a) an upland sand source <br />pre -qualified by the County, and/or (b) an upland sand source separately approved by the Florida <br />Department of Environmental Protection. To avoid adverse impacts to nesting sea turtles, <br />construction is expected to be completed during the period of November 1, 2025 to April 30, 2026. <br />The County may elect to authorize the installation of approximately 17,500 additional plantings for <br />hazard mitigation dune vegetation under Bid Alternate 1. <br />ARTICLE 2 - THE PROJECT <br />2.01 The Project for which the Work under the Contract Documents may be the whole or only <br />a part is generally described as follows: <br />Project Name: SECTOR 5 HURRICANES IAN & NICOLE BEACH AND DUNE RESTORATION <br />County Project Number: NAT25-01 <br />Bid Number: 2025060 <br />Project Address: Sector 5, Indian River County <br />ARTICLE 3 - ENGINE <br />3.01 APTIM Environmental & Infrastructure, LLC is hereinafter called the ENGINEER and will <br />act as OWNER's representative, assume all duties and responsibilities, and have the <br />rights and authority assigned to ENGINEER in the Contract Documents in connection with <br />the completion of the Work in accordance with the Contract Documents. <br />ARTICLE 4 - CONTRACT TIMES <br />4.01 Time of the Essence <br />A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for <br />final payment as stated in the Contract Documents are of the essence of the Contract. <br />4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment <br />A. The Work will be substantially completed on or before the 150th calendar day after the date <br />when the Contract Times commence to run as provided in paragraph 2.03 of the General <br />Conditions, and completed and ready for final payment in accordance with paragraph <br />14.07 of the General Conditions on or before April 30, 2026. <br />Agreement - 00520 - 1 <br />