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F : APublic Works\ ( ipital ProjectsTacilities Maintenance Complex `.AmendmentNo2 . doc
AMENDMENT NO . 2
FACILITIES MAINTENANCE COMPLEX
PROJECT NO . 9820
ARTICLE 1 - GENERAL
This is an Amendment to the Construction Manager at Risk Agreement ( AGREEMENT) dated
August 6 , 2002 .
ARTICLE 7 — PAYMENTS TO CONSTRUCTION MANAGER
The COUNTY agrees to pay and the CONSTRUCTION MANAGER agrees to accept for services
rendered pursuant to this Amendment , a Guaranteed Maximum Price of $ 7 , 312 , 172 . 64 .
ARTICLE 12 - MISCELLANEOUS PROVISIONS
A . All provisions of the AGREEMENT not � lpccitically modified shall remain in full force and
effect .
B . This Amendment, regardless of where executed , shall be governed by and construed according to
the laws of the State of Florida . Venue for any lawsuit brought by either party against the other
party or otherwise arising out of this agreement shall be in Indian River County, Florida , or, in
the event of federal jurisdiction , in the United States District Court for the Southern District of
Florida .
IN WITNESS WHEREOF the parties hereto have executed these presents this 14ttay o fSeptembeYM04
PROCTOR CONNSTRUCTION CO INDIAN RIVER CO Y. FLORIDA
Donald Tot iver Arthur R . Neube Y.
Vice Chairman
(Corporat:, Seal)
Approved by BCC September 14 , 2004
Attest : Jeffrey K . Barton
County Attorney Clerk of Circuit Court
Approved as to Form and Legal Sufficiency
By:
Indian River County Approved Date
ll
jeph
Administration A. aird, County Administrator
Legal
Risk Mana ement
Budget 3i
Public Works
Capital Projects � i3/j
APPLICATION AND CERTIFICATE FOR PAYMENT
TO (OWNER): PROJECT: Facilities Maintenance APPLICATION NO: 16 Distribution to :
Indian River County Complex (SITE 2) RETAINAGE BALANCE ( Revision) O OWNER ( 1 )
1840 25th Street PERIOD TO: 07/25/04 ❑x ARCHITECT (1 )
Vero Beach, FL 32960 ❑x CONTRACTOR (1 )
FROM (CONTRACTOR) : VIA (ARCHITECT) :
Proctor Construction Company Hanson Engineers, Inc PROJECT NO : 9820
1401 Highway A-1 -A, Suite 301 1601 Belvedere Road , Suite 303 South
Vero Beach , FL 32963 West Palm Beach, FL 33406
CONTRACT FOR: New Construction CONTRACT DATE : 08/06/02
CONTRACTOR 'S APPLICATION FOR PAYMENT
CHANGE ORDER SUMMARY Application is made for Payment, as shown below, in connection with the Contract.
Detail Sheet is attached.
previous months by Owner ADDITIONS DEDUCTIONS 1 ORIGINAL CONTRACT SUM $ 4,877 ,988. 29
TOTAL 2. CHANGE ORDERS -289705. 13
Approved this Month 3 . CONTRACT SUM TO DATE $ 4, 8491283. 16
Number Date Approved 4 . TOTAL COMP & STORED TO DATE $ 4,617, 170. 37
-28705 . 13 (Subcontractors/OHP)
5 . RETAINAGE :
a . 10% of Completed Work
b . Less 95% Billed
TOTAL RETAINAGE $
6. TOTAL EARNED LESS RETAINAGE $ 4, 617, 170.37
(Line 4 less Line 5 Total)
7 . GENERAL CONDITIONS (No Retainage Held) $ 2009653. 19
TOTALS 0 . 00 a. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 4, 7949737 .42
Net change by Change Orders -28 , 705 . 13
The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the 9. CURRENT PAYMENT DUE $
23,086. 14
Work covered by this Application for Payment has been completed in accordance with the Contract Documents, 1 o . BALANCE TO FINISH , PLUS
RETAINAGE 31 ,459 .60
that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were
issued and payments received from the Owner, and that current t shown herein is now due.
CONTCT(SR: '
State of: Florida County of: Indian River ��a � ��e PATRICIA PITTS
`''`.. � Subscribed and savor to befo me this 27th day Aug , db Commission Exp . May 22 , 2006
toQ Commission No . DD 119964
ti `, , Notary Pub �-' O Bonueo through western Surety Company
By: tgti—�r "'Ill... Date: 08/27/04 Patricia itts
Donald L. Tolliver, President/J udyA igg ins, Vice President My Com ission expires : 05/22/200
ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED $
In accordance with the Contract Documents , based on on-site observations and the data (Attach explanation if amount certified differs from
the amount applied for)
comprising the above application , the Architect certifies to the Owner that to the best of the
Architect's knowledge , information and belief, the Work has progressed as indicated , the quality ARCHITECT:
of the Work is in accordance with the Contract Documents, and the Contractor is entitled to By: Date:
payment of the AMOUNT CERTIFIED. This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor
named herein .
Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or
Contractor under this Contract.