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c� I bc VIC AMENDMENT NUMBER 1 TO THE a o I d ; •I ! ! 1 ! This Amendment l to the Agreement between Owner and Design/Builder (the "Amendment") is made and entered into this ! day of Januaa, 2012 by and between The Board of County Commissioners, Indian River County, Florida ("Owner"), and Bill Bryant & Associates . Inc . , Federal I .D . No . 59-2097862 ("Design/Builder") . R'ITNESSETH : WHEREAS , Owner and Design/Builder entered into that certain Agreement between Owner and Design/Builder dated June 7 . 2011 ; and WHEREAS , Owner has recently implemented a Direct Purchase Program for certain materials and equipment; and WHEREAS , Owner and Design/Builder desire to amend the Agreement to reflect the responsibilities of Owner and Design/Builder with respect thereto . NOW THEREFORE, for and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows : 1 . Direct Purchase Program . Owner may elect to purchase materials and equipment included in any Trade Contractor' s bid for a portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings . Such materials and equipment are referred to herein as " Direct Purchase Materials" . At the time Design/Builder provides Owner with the bid tabulation analysis as required by this Agreement (which bids shall include the cost of all potential Direct Purchase Materials and sales taxes applicable thereto) , Design/Builder shall submit to Owner a list, prepared by applicable Trade Contractors , of materials and equipment appropriate for consideration by Owner as Direct Purchase Materials . If Owner elects to purchase any Direct Purchase Materials, it shall so notify Design/Builder and Design/Builder shall thereafter promptly furnish to Owner, at least seven (7) days prior to the date such Direct Purchase Materials must be ordered, a purchase order request reflecting the approved Direct Purchase Materials, together with acceptable evidence that Design/Builder competitively bid for the portion of the Work which includes the Direct Purchase Materials . Acceptable evidence means , at a minimum, that Design/Builder performed all advertising required by this Agreement, utilized pre -qualification criteria approved by Owner and obtained at least three (3 ) sealed written quotes from various bidders for the applicable portions of the Work or, if not, provides a written explanation as to why. In addition, Design/Builder shall reduce the applicable Trade Contractor' s subcontract amount by the cost of the Direct Purchase Materials and sales tax related thereto. Upon Owner ' s receipt of the purchase order request and supporting materials, Owner will review the same and, if approved, issue a purchase order directly to the supplier of the applicable Direct Purchase Material, with delivery F . O . B . Project site. Upon delivery of the Direct Purchase Materials to the Project site, Design/Builder shall ensure that the Direct Purchase Materials are as requested in Owner ' s purchase order and if so, Owner will take title to the Direct Purchase Materials and Design/Builder shall forward the approved invoices and associated back-up documentation to Owner. Owner will process these invoices and issue payment directly to the applicable supplier. Design,Builder shall obtain builder ' s risk insurance on the Direct Purchase Materials naming Owner as the insured or an additional insured, provided Owner shall reimburse Design/Builder for the cost of such insurance as provided by the Agreement. Except to the extent modified by this section, Design/Builder shall be responsible for satisfying all of its other obligations with respect to the Direct Purchase Materials pursuant to this Agreement, as if the Direct Purchase Materials had been purchased by it. There shall be no additional charge to Owner for services provided pursuant to this section. Change Orders reflecting the removal of the Direct Purchase Materials and applicable sales tax shall be issued on a monthly basis .