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40 40 40 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR This AGREEMENT made this _ day of 2000, by and between the Indian River County Board of County Commissioners, hereinafter called the Owner, and Proctor Construction Company hereinafter called the Contractor. ARTICLE 1 THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT The Contractor accepts the relationship of trust and confidence established between him and the Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgement and to cooperate with the Architect -Engineer, in furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and use his best efforts to complete the Project in the best and soundest way and in the most expeditious and economical manner consistent with the interest of the Owner. The Construction Team The Contractor, the Owner and the Architect -Engineer, called the "Construction Team", shall work jointly during design and through final construction completion and shall be available thereafter should additional services be required. The Architect -Engineer will provide leadership during the Design Phase with support from the Contractor, and the Contractor shall provide leadership to the Construction Team on all matters relating to construction. The specific representatives of the Construction Team are shown in Exhibit A attached. 1.2 Extent of Agreement This Agreement for "Project / North County Regional Park, Indian River County, Florida" between the Owner and the Contractor supersedes any prior negotiations, representations or agreements. When Drawings, Specifications and other descriptive documents defining the work to be included under a construction authorization are complete, they shall be identified in the construction authorization issued by the Project Manager. When Drawings, Specifications and other descriptive documents defining the work to be included in the Guaranteed Maximum Price (GMP) are complete, an Amendment to the Agreement shall be signed by the Owner and Contractor, acknowledging the GMP amount and the Drawings, Specifications and other descriptive documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by the Owner, the Contractor shall obtain three (3) sets of signed, sealed and dated Drawings, Specifications and other documents upon which the GMP is based from the Architect -Engineer, shall acknowledge on the face of each document of each set that it is the set upon which he based his GMP and shall send one set of the documents to the Owner's Contracts Administrator along with his GMP proposal, while keeping one set for himself and returning one set to the Architect -Engineer. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both Owner and Contractor. 1.3 Project The Project is the total work to be performed under this Agreement. The Project consists of planning, design, permitting, and if the parties agree by separate agreement on an amount of compensation to be paid during the construction phase, construction for "Project / North County Regional Park, Indian River County, Florida" necessary to build the component parts identified in Exhibit B. Owner Indian River County. The entity that will occupy, use and own the Project upon substantial completion is Indian River County. The funds with which the compensation of the architects, engineers, contractors, etc. will be paid are under the control of Indian River County Board of County Commissioners, based on approval of each payment by Indian River County.