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ATTACHMENT FIRST AMENDMENT TO CONTRACT DOCUMENTS FOR WEST REGIONAL WASTEWATER TREATMENT FACILITY EXPANSION TO 6 MGD This First Amendment to Standard Form of Agreement between Owner and Contractor on the Basis of a Stipulated Price and to the Supplementary Conditions ("First Amendment") is entered into effective as of July 24, 2007, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and WHARTON-SMITH, INC„ a Florida corporation, 750 Monroe Road, Sanford, FL 32771 ("Contractor ,) - BACKGROUND BACKGROUND RECITALS A. Effective May 1, 2007, the County as Owner and the Contractor entered into the Standard Form of Agreement between Owner and Contractor on the Basis of a Stipulated Price ("Agreement"). B. The Agreement contains, In Article 4, paragraph 4.1, the lump sum contract price of $22,172,000.00, and the parties desire to modify the contract price by a series of deductive change orders, subsequent to this First Amendment, to reflect Owner's direct purchases of materials. C. The County and the Contractor desire to amend the Agreement and the Contract Documents to provide for direct purchases as allowed under applicable Florida law, and to make certain other conforming changes to the Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, covenant and agree to amend the Agreement as follows: 1. The Background Recitals are true and correct and form a material part of this First Amendment; 2. From and after the effective date of this First Amendment, the Agreement will be amended by adding the direct purchase provisions, set forth on Exhibit "A" attached hereto and incorporated herein in its entirety by this reference, as new Article 10 of the Agreement. 3. From and after the effective date of this First Amendment, the Contract Documents will be amended by amending SC 5.04 CA of the Supplementary Conditions in its entirety to read as follows: Contractor's Builders' Risk "AII Risk" [nsurance; — All risk coverage with limits equal to one hundred percent (100%) of the completed value of the Work. There shall be a waiver of occupancy endorsement to enable the Owner to occupy the facility under construction during such activity. The policy must be endorsed to provide machinery/equipment endorsement during transit and installation, and Owner direct purchase materials. The