3/7/2016 11:03:59 AM
10/1/2015 3:30:28 AM
Official Document Type
Agenda Item Number
District Board of Trustees of Indian River State College
College Lane Extension Richardson Center
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the agreement between Owner and Contractor for construction contract ( stipulated <br /> price ) entered into between Trustees and SPS Contracting, Inc . , in connection with <br /> the above , as well as all the contract documents specified under Article 8 thereof. <br /> Upon the TRUSTEES negotiating the change order referenced above before the <br /> TRUSTEES execute same , COUNTY shall give its written approval to the said <br /> change order . <br /> 4 . The TRUSTEES agree to administer and act as agents for the COUNTY for <br /> the additional work associated with the College Lane Extension and Bridge <br /> Construction project . <br /> 5 . County accepts LBFH , Inc . (a/k/a Boyle Engineering Corp . and AECOM , <br /> Inc . ) as engineer for the project as it pertains to all contract documents . Copies for all <br /> applications for payment as set out in Article 6 . 01 shall be forwarded to COUNTY . <br /> Applications forpayment will be processed by the engiucers as provided in the <br /> General Condition and upon progress payments becoming due on the change order <br /> pursuant to the contract documents , COUNTY shall forward to COLLEGE the funds <br /> required to make progress payments as required under Article 6 . 02 of the Agreement <br /> and the contract documents in sufficient time so that COLLEGE can make the <br /> progress payments timely as required under Article 6 . 02 . Likewise , COUNTY shall <br /> provide the final payment to COLLEGE upon final completion and acceptance * . '-' the <br /> work in sufficient time to pay the remainder of the contract price required for tine <br /> change order as recommended by engineer pursuant to the contract and contract <br /> documents . COUNTY shall have the right to communicate directly with the engineer <br /> in respect to all applications for payment . COUNTY shall have the right for direct <br /> payment to the SPS for any work performed . <br /> 6 . In the event both parties are not in agreement to mediate , either party has the <br /> right to resort to any legal action necessary to resolve any dispute hereunder . <br /> Disputes under this Agreement may be resolved by the COUNTY ' s Authorized <br /> Representative and the TRUSTEE ' S Authorized Representative . If such Authorized <br /> Representatives are unable to reach a resolution and the parties agree that the issue <br /> has sufficient merit , the parties may select a mediator mutually acceptable to both <br /> parties to conduct a mediation of the issues involved and make a recommendation to <br /> both parties . The parties agree to be responsible for their respective costs and tees <br /> incurred during the mediation and that the mediator ' s fees and costs shall be laid in <br /> equal amounts by each party . <br /> 7 . Upon completion of the work, the COUNTY is to receive a bill of sale <br /> absolute for the improvements from either TRUSTEE or SPS , together with any <br /> warranties associated with the improvements . <br /> 8 . The COUNTY and the TRUSTEES agree to hold biweekly construction <br /> progress meetings with the Contractors for the Project . The COUNTY shall <br /> coordinate all construction activities occurring on the Mueller crunpus with the <br /> TRUSTEES or their authorized representatives prior to construction activities so as <br /> not to adversely impact the daily activities of Indian River State College , its students , <br /> faculty , staff and facilities . <br /> 2 <br />
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