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-z- <br /> 00 (0 0o6 <br /> AGREEMENT <br /> INDIAN RIVER COUNTY, FLORIDA <br /> INDIAN RIVER COUNTY SECTOR 7 BEACH NOURISIIMENT <br /> THIS AGREEMENT made and entered into on the 4th day of April 2006, by <br /> andbetween Great Lakes Dredge & Dock Company�LC , 2122 York Road , Oak Brook , IL 60523 <br /> (Name and Address) <br /> herein after called the CONTRACTOR, and INDIAN RIVER COUNTY, a Political Subdivision <br /> of the State of Florida organized and existing under the Laws of the State of Florida, hereinafter <br /> called the COUNTY, or OWNER. <br /> WITNESSETH : <br /> That the CONTRACTOR and the COUNTY, for the consideration hereinafter named, agree as <br /> follows: <br /> Article 1 . SCOPE OF WORK: The CONTRACTOR shall furnish all of the materials and <br /> perform all the work shown on the Drawings and described in the Specifications <br /> entitled : <br /> INDIAN RIVER COUNTY SECTOR 7 BEACH NOURISHMENT <br /> for Indian River County, Florida and shall do everything required by this Agreement <br /> and Contract Documents . Payment shall be made in accordance with the Itemized Bid <br /> Schedule attached as Exhibit "A" and made a part of this agreement. <br /> Article 2 . COMMENCEMENT AND COMPLETION; LIQUIDATED DAMAGES : As time is <br /> of the essence, the Contractor will be required to commence work under this contract <br /> within ten (10) calendar days after receipt of the notice-to-proceed and shall complete <br /> the project as specified in the Supplementary Conditions, Paragraph F. Project <br /> completion must occur prior to May 1 , 2006. The undersigned CONTRACTOR <br /> agrees, if the Work is not substantially complete by May 1 , 2006, to demobilize <br /> completely from the project site and to fully remobilize to the project site on <br /> November 1 , 2006, [the end of the 2006 turtle season] at no additional <br /> mobilization/demobilization cost to the County and thereafter to complete the Work <br /> at the same unit price per cubic yard as set forth in this Contract in lieu of liquidated <br /> damages. The , foregoing liquidated damages are hereby fixed and agreed upon <br /> between the parties, recognizing the impossibility of precisely ascertaining the <br /> amount of damages that will be sustained by OWNER as a consequence of such <br /> delay, and both parties desiring to obviate any question or dispute concerning the <br /> amount of such damages and the cost and effect of the failure of CONTRACTOR to <br /> complete the Contract on time. In addition to the above-stated liquidated damages, <br /> the CONTRACTOR shall be responsible for reimbursing OWNER for all costs <br /> incurred by OWNER to third party consultants including without limiting the <br /> generality of the foregoing, any ENGINEER in administering the construction of the <br /> Project beyond the Substantial Completion date as specified in the Contract or beyond <br /> an approved extension of time granted to CONTRACTOR, whichever date is later. <br /> AGREEMENT A-1 <br />