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V . b 10 LO? ai4� ism AGREEMENT INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY SECTOR 3 BEACH & DUNE RESTORATION PROJECT ,L w THIS AGREEMENT made and entered into on the day of p'46 �V, 20Z4 ? by and between RANGER CONSTRUCTION INDUSTRIES , INC . 4510 Glades Cut-Off Road , FT . Pierce , Florida 34979 -4589 (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 SECTOR 3 BEACH & DUNE RESTORATION PROJECT for Indian River County, Florida and shall do everything required by this Agreement and Contract Documents . 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 fifteen ( 15 ) calendar days after receipt of the notice-to -proceed and shall complete the Project as specified in the Contract Documents . Project completion must occur prior to May 1 , 2010 . The undersigned CONTRACTOR agrees , if the Work is not substantially complete by May 1 , 2010 , to demobilize completely from the Project site and to fully remobilize to the Project site on November 1 , 2010 , [the end of the 2010 turtle season] at no additional mobilization/demobilization cost to the COUNTY and thereafter to complete the Work at the same unit price per cubic yard as set forth in this Contract by May 1 , 2011 in lieu of liquidated damages of $ 2 , 500 per day. The foregoing 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 . In addition to the above - stated liquidated damages , the CONTRACTOR shall be responsible for reimbursing OWNER for all costs incurred by OWNER to third party consultants including, without limiting the generality of the foregoing, any ENGINEER in administering the construction of the Project beyond the Substantial Completion date as specified in the Contract or beyond an approved extension of time granted to CONTRACTOR, whichever date is later . The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above - stated liquidated damages due to the Owner from payments due to the Contractor ; or, in the alternative, all or any portion of the above- stated liquidated damages may be collected from the AGREEMENT Al