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AMENDMENT NO . 5 <br /> EXHIBIT PAVILION AT FAIRGROUNDS/HOBART PARK ` <br /> SECTION I - GENERAL <br /> This is an Amendment to the Professional Architectural/Engineering/Construction Services Design/Build Contract <br /> (CONTRACT) dated February 5 , 2002 . <br /> SECTION IV - SCOPE OF SERVICES <br /> The DESIGNBUILDER agrees to add 98 cubic yards of concrete to the building foundation in order to comply with the <br /> Building Division ' s permit requirements, as detailed in RF Concrete Construction ' s price proposal, dated 8/ 10/03 , which is herein <br /> made a part of this Amendment and is attached as `Exhibit A" . <br /> SECTION VI - COMPENSATION <br /> The COUNTY agrees to pay and the DESIGN/BUILDER agrees to accept for services rendered pursuant to this Amendment, <br /> an additive change to the Guaranteed Maximum Price of $ 15 , 000 . 00 . <br /> Original Lump Sum Contract $ 27, 659 . 00 <br /> Amendment # 1 79350 . 00 <br /> Total Lump Sum Contract $ 359009 .00 <br /> Amendment #2 (GMP) $4475304 . 00 <br /> Amendment #3 (GMP) Add $ 36, 509 . 00 <br /> Amendment #4 (GMP) Deduct $ 6 ,497 . 00 <br /> Amendment #5 (GMP) Add 159000 - 00 <br /> Total Revised GMP $4929316.00 <br /> SECTION XXI - OTHER PROVISIONS <br /> A. Receipt of an executed copy of this Amendment shall constitute the COUNTY ' S notice to the DESIGN / BUILDER <br /> to proceed with the work. <br /> B . All provisions of the CONTRACT not specifically modified shall remain in full force and effect. <br /> C. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of <br /> Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement <br /> shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the <br /> Southern District of Florida. <br /> IN WITNESS WHEREOF the parties hereto have executed these presentsthis 4tW y of Noye�IC) er , 2003 <br /> PCL C TRUC O RVICES , INC INDIAN RIVER COQNTY, A <br /> me: dc r- N044 052Y <br /> eron Brown, Manager — Special Projects Y"f YK eth R. Macht, Chairman <br /> (Corporate Seal) Approved by BCC November 4 , 20 ® 3 <br /> A$ /;/ Attest: Jeffrey K. Barton, Clerk of Circuit Court <br /> Ae=�� ff\ I ay i r I - <br /> (' ;William G. Collins, ll, Deputy County Attorney <br /> Approved as to form and legal sufficiency X13 , Deputy Clerk <br /> In,iian River County A r Date <br /> J es E . C andler, County Admini ator Administration / GJ <br /> Legal (Lo3 <br /> Risk <br /> Budget 1/AZI <br /> 177 <br /> Public Works l 7 `� <br /> Capital Projects <br /> F :\Public Works\Capital Projects\Exhibit Pavilion\AmendmentNo5 . doc Project Engineer <br />