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AAAmendmentNoLdoe . <br /> AMENDMENT NO. 1 <br /> FACILITIES MAINTENANCE COMPLEX <br /> PROJECT NO. 9820 <br /> ARTICLE 1-GENERAL <br /> This is an Amendment to the Construction Manager at Risk Agreement(AGREEMENT)dated August 6,2002. <br /> ARTICLE 2—CONSTRUCTION MANAGER'S BASIC SERVICES <br /> The CONSTRUCTION MANAGER agrees to perform the construction phase services as stipulated in the AGREEMENT to <br /> construct a new Facilities Maintenance Complex(sites 1 and 2)as detailed in the construction documents,and in accordance with <br /> Proctor Construction's clarifications to the construction documents,dated 12/3/02,which is herein made a part of this Amendment <br /> and is attached as Exhibit"A". <br /> ARTICLE 5—SCHEDULE <br /> The time for completion of the construction phase services shall be 630 calendar days. <br /> ARTICLE 7—PAYMENTS TO CONSTRUCTION MANAGER <br /> The COUNTY agrees to pay and the CONSTRUCTION MANAGER agrees to accept for services rendered pursuant to this <br /> Amendment,a Guaranteed Maximum Price of$7,343,632.24,as detailed in Proctor Construction's price proposal,dated 12/3/02, <br /> which is herein made a part of this Amendment and is attached as"Exhibit B". <br /> ARTICLE 12-MISCELLANEOUS PROVISIONS <br /> A. Receipt of an executed copy of this Amendment shall constitute the COUNTY'S notice to the CONSTRUCTION <br /> MANAGER to proceed with the work. <br /> B. All provisions of the AGREEMENT not specifically modified shall remain in full force and effect. <br /> C. This Amendment,regardless of where executed,shall be governed by and construed according to the laws of the State of <br /> Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement <br /> shall be in Indian River County,Florida,or,in the event of federal jurisdiction,in the United States District Court for the <br /> Southern District of Florida. <br /> IN WITNESS WHEREOF the parties hereto have executed these presents this 21-ay of January 200/ <br /> PUX_TOR CONSTRUCTION NY INDIAKRIVER C UNTY,FLORIDA <br /> Donald Tolliver r Kenneth R.Macht,Chairman <br /> (Corporate Seal) <br /> ApprovedbyBCC January 21 , 2003 <br /> LL LAG Attest:Jeffrey K.Barton <br /> William G.Collins,II,Deputy County Attorney Cie uit Court <br /> Approved as to Form and Legal Sufficiency <br /> Patricia Ridgely,Deputy Clerk <br /> J es E.Chandler,County Administrator Indian River County Approved Date <br /> Administration10- <br /> Legal <br /> j <br /> Le al iC <br /> Risk 0! 9 03 <br /> Budget <br /> Public Works z 3I <br /> Capital Projects <br /> Project Engineer <br />