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Phases of the Work. Such services shall be provided in accordance with time schedules agreed to by the Owner,
<br /> Architect and Construction Manager. Upon request of the Construction Manager, the Owner shall furnish to the
<br /> Construction Manager a copy of the Owner' s Agreement with the Architect, from which compensation provisions
<br /> may be deleted .
<br /> § 3 .4 LEGAL REQUIREMENTS
<br /> The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements
<br /> relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of
<br /> the Project. The Owner shall furnish such legal services as are necessary to provide the information and services
<br /> required under Section 3 . 1 .
<br /> 43.4. 1 . Public Disclosure Statement. Any entering into a contract with Indian River County as Owner shall
<br /> disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or
<br /> Indian River County employee. The relationship with either must be disclosed as follows : Father, mother, son
<br /> daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
<br /> daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
<br /> half brother, half sister, rg andparent, or grandchild. The term "affiliate" includes those officers, directors,
<br /> executives , partners , shareholders , employees , members , and agents who are active in the management of the entity .
<br /> Construction Manager has made the required disclosure of relationships on the required form attached to this
<br /> Contract and made a part hereof by this reference .
<br /> §3.4.2. Availability of Funds , The obligations of the Owner under this Contract are subject to the availability of funds
<br /> lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County .
<br /> 43 .4.3. No Pledge of Credit. The Construction Manager shall not pledge the Owner ' s credit or make it a guarantor of
<br /> payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness . The Construction
<br /> Manager further warrants and represents that it has no obligation or indebtedness that would impair its ability to
<br /> fulfill the terms of the Contract.
<br /> §3 .4.5. Counterparts . This Contract may be executed in one or more counterparts , each of which shall be deemed to
<br /> be an original copy and all of which shall constitute but one and the same instrument,
<br /> 0.4.6. Survival . Except as otherwise expressly provided herein, each obligation in this Contract to be performed by
<br /> Construction Manager shall survive the termination or expiration of this Contract.
<br /> §3 .4.7, Notices . Any notice, request, demand, consent, approval, or other communication required or permitted by
<br /> this Contract shall be given or made in writing and shall be served, as elected by the partyi�g such notice, by any
<br /> of the following methods : (a) Hand delivery to the other party ; (b) Delivery by commercial overnight courier
<br /> service ; or (c) Mailed by registered or certified mail (postage prepaid) , return receipt requested at the addresses of
<br /> the parties shown below:
<br /> Owner: Indian River County Attn: Lynn Williams. Project Manager
<br /> 1840 25th Street, Vero Beach, FL 32960-3365
<br /> Phone: (772) 226- 1419 ; Facsimile : (772)
<br /> With required copies to :
<br /> Tom Frame, Director of General Services
<br /> 184025' Street, Vero Beach, FL 32960-3365
<br /> Phone: (772) 226- 1223 , Facsimile : (772) 770-5095
<br /> and
<br /> Captain Bill McMullen, Jail Administrator
<br /> 4055 41St Avenue, Vero Beach, FL
<br /> Phone : (772) - ; Facsimile : (772)
<br /> Construction Manager : Peter R. Brown Construction, Inc . , Attn : John R . Stewart, Executive Vice President
<br /> 1424 Piedmont Drive East . , Suite 100
<br /> AIA Document A121 T"CMc — 2003 and AGC Document 565. Copyright ® 1991 and 2003 by The American Institute of Architects and The Associated
<br /> General Contractors of America. All rights reserved. WARNING : This document Is protected by U.S. Copyright Law and International Treaties. 9
<br /> Unauthorized reproduction or distribution of this document, or any portion of It, may result In severe civil and criminal penalties, and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17 :00 :26 on 05/25/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> User Notes : (3163795107)
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