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AMENDMENT NO . 6
EXHIBIT PAVILION AT FAIRGROUNDS/ HOIBART PARS:
SECTION I - GENERAL
This is an Amendment to the Professional Architectural/Engineering/Construction Services
Design/Build Contract (CONTRACT) dated February 5 , 2002 .
SECTION IV - SCOPE OF SERVICES
The DESIGN/BUILDER agrees to provide a two -year warranty as consideration to the County
for accepting the new exhibit pavilion with a three - inch height difference from matching the existing
arena building . The DESIGN/ BUILDER agrees to provide a credit of $ 3 , 600 . 00 for lost revenue due to
adjusting the construction completion date from 10/31 /03 to 3 /8 /04 . The DESIGN/BUILDER agrees to
provide a credit of $ 1 , 500 . 00 for deleting several lighting accessories . The DESIGN/BUILDER agrees to
provide a credit of $ 9 , 273 . 00 for not correcting several deficiencies in the construction : leaving the
"hump its thr ,,, :age of thr' hiiilrim +, _ the �ir? _� ightly weld splices oil the end co � ! mns . the � t � „
� on the
concrete slab , the mis -colored downspouts on the Northern column line . the gaps in the electrical room
wall , and for painting the rusty bolts rather than replacing them with coated bolts . The
DESIGN/BUILDER agrees to provide additional concrete for a cost of $ 14 , 373 . 00 , as shown on the
sketch attached as Exhibit "A" .
SECTION V — TIME FOR COMPLETION
The date for substantial completion of the Construction Phase shall be March 8 , 2004 . This task
shall be complete upon receipt of a Certificate of Occupancy from the Building Department .
SECTION VI - COMPENSATION
The DESIGN/BUILDER agrees to provide , and the COUNTY agrees to accept , for actual
damages , and. for deleted and added elements pursuant to this Amendment , a "net zero " change to the
Guaranteed Maximum Price .
Current GMP $4921316 . 00
Two -year warranty 0 . 00
Lost revenue (35600 . 00)
Deleted Lighting Accessories ( 1 , 500 . 00)
Defective Work (9 ,273 . 00)
Additional Concrete 141373 - 00
Total Change Order 0 , 00
Revised GMP $4921316 . 00
SECTION XXI - OTHER PROVISIONS
A . For a period of two -years after the date of Substantial Completion , the
DESIGN/BUILDER shall promptly repair any defects in the Work , without cost to the
COUNTY .
B . Receipt of an executed copy of this Amendment shall constitute the COLINTY " S notice
to the DESIGN/ BUILDER to proceed with the work .
C . All provisions of the CONTRACT not specifically modified shall remain in full force
and effect .
Amendment No . 6
Exhibit Pavilion at Fairgrounds/Hobart Park
Page 2
D . This Agreement, 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 14t1y of Septemb004 .
PCL CONSTRUCTION SERVICES , INC INDIAN RIVER COUNTY, FLORIDA
v .
Patrick ollard, Manager, Special Projects Division Arthur rman
(Corporate Seal)
Approved t 3401CC � t� �4 b8r '4
Attest : Jeffte ;'I- �aitbn, Clerk�� Circuit Court. r , \�
By: $ tti
Ad IAA� � k ' % PLO 0. ,
4r:William G. Collins, H, County Attorney
Approved as to form and legal sufficiency
ct �
seph A. Aaird, County Administrator
Indian River County Approved Date
Administration 9 1
Legal (�C
Risk
Budget I $
Public Works 14
Capital Projects / G v
Project Engineer i
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