Amendment No. 2
To Agreement Between Owner and Construction Manager
Accepting the 50% Construction Document Guaranteed Maximum Price for the
USF Polytechnic Phase I Facility
University of SouthFlorida
USF Project No. 555
THIS AGREEMENT
made this ______day of ______, ______, between the University of South Florida Board of Trustees, a public body corporate, (hereinafter called the “Owner” and SKANSKA USA Building, Inc., 4030 Boy Scout Boulevard, Tampa FL 33607, a Florida corporation, Federal I.D. No. 59-3102112, (hereinafter called the “Construction Manager”),
WHEREAS, the Owner and the Construction Manager entered into an agreement (hereinafter called the “Agreement”) on the 26th day of October 2009, for the USF Polytechnic Phase I Facility, University of South Florida, Project No. 555, (hereinafter called the “Project”).
WHEREAS, in accordance with Subparagraph 5.3 GMP of the Agreement, the Owner and the Construction Manager intend to establish the “50% Construction DocumentGuaranteed Maximum Price” for the Work.
NOW THEREFORE, the Owner and the Construction Manager agree to amend the Agreement to read as follows:
The parties agree that the above recitals are true and correct, and they are incorporated herein as if fully set forth below.
Add Subparagraph 4.1.31 to read:
4.1.31 Construction Manager has no actual knowledge of soil conditions that would impact the GMP.
Change Subparagraph 5.3.6 to read:
5.3.6 The Construction Manager provides the following portions of the work:
Add new Subparagraph 5.3.6.2 and renumber Subparagraph 5.3.6 as 5.3.6.1:
5.3.6.2The Construction Manager shall provide all Work as described in the document
“USF Polytechnic Building 555 - Innovation Science and Technology Building – Lakeland, Florida, GMP Proposal 50% Construction Documents” dated the 22ndday of December, 2011.
Add Subparagraph 5.3.7.3, 5.3.7.4 and 5.3.7.5 to read as follows:
5.3.7.3 The Work to be performed under Amendment No. 2 shall be commenced and completed as follows:
5.3.7.4The Work described in Subparagraph 5.3.6.2 shall be commenced within ten (10) calendar days after the date indicated on the Notice to Proceed, shall be substantially completed within730 calendar days after the date indicated on the Notice to Proceed, and shall be finally completed within 790 calendar days after the date of Substantial Completion or within such other time as identified on the Certificate of Substantial Completion.
5.3.7.5Inasmuch as failure to complete the Work within the time fixed in Clause 5.3.7.4 herein will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not substantially completed, according to the definition of “Substantial Completion” in the General Conditions of the Contract, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract Documents, the Construction Manager shall pay to the Owner as liquidated damages for such delay, and not as a penalty, $2,000.00 for each calendar day elapsing between the date fixed for Substantial Completion in Clause 5.3.7.4 and the date such Substantial Completion shall have been fully accomplished. Said liquidated damages shall be payable in addition to any excess expenses or costs payable by the Construction Manager to the Owner under the provisions of Subparagraph 10.4 of the Contract for Construction, and shall not preclude the recovery of damages by the Owner under other provisions of the Contract Documents, except for Construction Manager’s delays. This provision for liquidated damages for delay shall in no manner affect the Owner’s right to terminate the Contract as provided in Subparagraph 18.2 in the Contract Documents. The Owner’s exercise of the right to terminate shall not release the Construction Manager from the obligation to pay said liquidated damages in the amount stipulated herein. It is further agreed that the Owner may deduct from the balance remaining for the final payment, the liquidated damages stipulated herein, or such portion thereof as the remaining balance will cover.
Change Subparagraph 5.3.8 to read:
5.3.8 The Construction Manager provides the following Guaranteed Maximum Prices for the work:
Add new Paragraph 5.3.8.2 and renumber Subparagraph 5.3.8 as 5.3.8.1:
5.3.8.2 The “50% Construction Document Guaranteed Maximum Price” for the Work described in Subparagraph5.3.6.2is $59,991,938.
Remaining Terms
All terms contained in the original Agreement not expressly modified herein shall remain unchanged in full force and effect and apply to the work detailed under the Agreement and this Amendment.
Incorporation
The recital paragraphs and exhibits shall be incorporated herein as if fully set forth in the body of the Amendment.
Choice of Law and Venue
Any claims relating to this Amendment shall be governed by the laws of the State of Florida and venue shall lie in HillsboroughCounty (Tampa), Florida. Disputes shall be resolved as set forth in the Agreement.
Appropriations
Consistent with 287.0582, Florida Statutes, the Owner’s performance and obligation to pay under this contract is contingent upon appropriation of funds by the Legislature.
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IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the date first written above for Amendment No. 1accepting the Initial Guaranteed Maximum Price to the Agreement Between Owner and Construction Manager for the USF Polytechnic Phase I Facility Project No. 555 for a total GMP in the amount of $2,789,428.00 through Amendment No. 1.
* * * * * * * * * CONSTRUCTION MANAGER * * * * * * * * * *
Attest:SKANSKA USA Building Inc.
______By: ______
(Name, Title and Corporate Seal)Fred Hames
Executive Vice President
SKANSKA USA Building Inc.
As Witnessed by:
______Date:______
* * * * * * * * * OWNER * * * * * * * * * *
UNIVERSITY OF SOUTHFLORIDA
Board of Trustees
A Public Body Corporate
As Witnessed By:
______By:______
Nick J. Trivunovich
Vice President for Business & Finance
University of South Florida
Date: ______
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