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2005-374
I' G I N A L111( % . oAIA Document A121 " CMc - 2003 11 Amendment No . 03 AMENDMENT NO. 1 3 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Section 9 . 2. 2 of the Agreement, dated April 19, 2005 , between Indian River County Board of County Commissioners, (Owner) and Turner Construction Company, (the Construction Manager), for New County Administration Building (the Project) , the Owner and Construction Manager desire to amend certain terms of the Agreement in ADDITIONS AND DELETIONS : connection with the construction services needed for the construction of the Emergency The author of this document has Operations Center and offices for the Emergency Services Department ("EOC added information needed for its Component") completion . The author may also have revised the text of the ARTICLE I CHANGE IS SCOPE original AIA standard form . An The original agreement made as of the Nineteenth day of April in the Year of Two Additions and Deletions Report Thousand and Five for: that notes added information as well as revisions to the standard New County Administration Building form text is available from the uthor and should be reviewed . Lying Between the Main Relief Canal to the North, the Lateral D Canal on the South and author line in the left margin of East and 20th Avenue to the West this document indicates where Two 2-story Buildings and associated site work and improvements ; one building consists the author has added necessary of approximately 100,00 square feet and contains the offices for Community information and where the author Development, the Utility Department, Public Works, the Commissioners ' Meeting Room, has added to or deleted from the the Mail Room, the Offices for the County Administrator, the County Attorney, the Board original AIA text. of County Commissioners , the Clerk to the Board, the Clerk ' s Finance Department, the Office of Budget and Management and computer rooms for both the Clerk and the Board This document has important of County Commissioners . The second building consisting of approximately 62 ,000 legal consequences . Consultation with an attorney square feet and contains offices for the Tax Collector, the Property Appraiser, the is encouraged with respect to Supervisor of Elections, the Purchasing Division, General Services Department /receiving , its completion or modification. Human Resources , Risk Management, the Recreation Department, Emergency Services Department, Emergency Operations Center, Fire, Prevention, Telecommunications and Computer Services . The Agreement is hereby further amended to modify certain term and conditions of the EOC Component under the same terms and conditions of the original contract except as specifically modified herein : The construction of an additional (third building) building to be located on 43`d Avenue (Jackson Tract) , under this Contract, which will accommodate the Emergency Operations Center including the offices of the Emergency Services Department. Authorization to proceed with the modifications of the Project by separating out the EOC Component was approved at a regular meeting of the Indian River County Board of County Commissioners on Tuesday, August 2 , 2005 . ARTICLE II MODIFICATIONS TO THE CONTRACT The following modifications in this Amendment Number Three are applicable only to the EOC Component of the Project, and all terms and conditions of the Agreement and as specifically modified in this Amendment No . 3 shall remain in full force and effect for the Project and the EOC Component except that the modification to Section 3 .4. 7 is applicable AIA Document Al21 TmCMc — 2003 Amendment No. 1 . Copyright ® 1991 , 1998 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING : This document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19 :16: 10 on 11 /09/2005 under Order No. 1000192296_1 which expires on 8/8/2006, and is not for resale. User Notes : ( 1966089558) to both the Project and the EOC Component. SECTION 2. 1 .5 PRELIMINARY COST ESTIMATES Deleted (by strikethrough) items 2 . 1 . 5 .2 and 2 . 1 . 5 . 3 shall be reinstated. (Paragraph deleted) SECTION 3.4.7 NOTICES Delete all contact information for Wade Milligan and replace with the following : Scott Skidelsky Vice President / General Manager Turner Construction Company 800 N. Magnolia Drive, Suite 500 Orlando, Florida 32803 Phone : 407 -210-2500 Fax : 407-210-2530 Cell : 407-284-0844 SECTION 3.4.9 LIQUIDATED DAMAGES In the third line, delete "Two Thousand ($2,000) " and insert `Two Hundred Fifty Dollars ($250) . " (Paragraph deleted) SECTION 4. 1. 1 COMPENSATION In the third line, delete "$ 177 ,786 . 00" and insert "$60,000. 00. " (Paragraph deleted) SECTION 5. 1 . 1 In both lines 8 and 12 , delete "$500,000" and insert "$ 50,000. " (Paragraph deleted) SECTION 8.3. 1 In line 4, delete the words "One hundred twenty-five percent ( 125 % ) " and insert "One hundred percent ( 100%yl The following changes affect only General Conditions A201TM-1997, as modified. SECTION 11 .5 BONDS (performance) In line 3 , delete the words " 125 % " and insert " 100% . " AIA Document A121 TMCMc — 2003 Amendment No. 1 . Copyright © 1991 , 1998 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING : This document is protected by U .S. Copyright Law and International Treaties. .2 Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19 :16: 10 on 11 /09/2005 under Order No. 1000192296_1 which expires on 8/8/2006, and is not for resale. User Notes : ( 1966089558) OWNER CONSTRUCTION MANAGER BOARD OF COUNTY COMMISSIONERS TURNER CONS TION COMPANY ' INDIAN RIVER COUNTY, FLORIDA Thomas W. Lowther, Chairman Scott Skidelsky, Vice resident Indian River County Board of County Commissioners Turner Construction ompany Approved by BCC member 15 , 2005 Witnessed by: ATTEST : Je = `Barton , Clerk of Circui a : W (Signature) 4 v qRv%j10 Deputy Clerk TUobv%AC 16 a Lo & 4. (Printed name) Approved : k Jos 0 A. Bairc County Administrator Approved as to Form and Legal S iciency : 91A��rk _ a //William G. Collins II , County Attorney C � r Indian River Co . Approved Date Administration MIX Legal X1f t r Ver Budget 3 /i /7/w Department / ('� Risk Mgt, AIA Document A121 TmCMc — 2003 Amendment No, 1 . Copyright © 1991 , 1998 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING : This document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 19 : 16: 10 on 11 /09/2005 under Order No. 1000192296_1 which expires on 8/8/2006, and is not for resale. User Notes : ( 1966089558)