AMENDMENT TO AGREEMENT FOR CONSTRUCTION SERVICES
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AMENDMENT TO
AGREEMENT FOR CONSTRUCTION SERVICES
STATE PROJECT NO:
COC-97075010
STATE PROJECT NAME
AND LOCATION:
AMENDMENT NUMBER:
Clearwater Main Library
Clearwater, Florida
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THIS AMENDMENT
made this 1 st day of May in the year Two Thousand Three
BY AND BETWEEN BUILDING CONSTRUCTION, DEPARTMENT OF MANAGEMENT SERVICES, STATE OF
FLORIDA, HEREINAFTER CALLED THE AGENT FOR THE OWNER, AND:
Turner Construction Company
A New York Corporation Licensed To Do Business In Florida
500 North Westshore Boulevard, Suite 620
Tampa, Florida 33609
PHONE: 813-287-9420, FAX 813-287-9423, FEDERAL TAX I.D. NUMBER: 13-1401980,
hereinafter called the CONTRACTOR.
WITNESSETH, that whereas the Owner and the Contractor entered into Agreement on June 8, 2001, for certain
contractor services on State Project Number COC-97075010, Clearwater Main Library, Clearwater, Florida, that
whereas the Contractor has now established and submitted in writing to the Owner for his approval, a Guaranteed
Maximum Price (GMP), guaranteeing the maximum price for construction as required by Article 7.1 of said
Agreement; and that whereas the Owner now wishes to acknowledge and accept the Guaranteed Maximum Price
for construction of said project; that whereas this is the reason for this Amendment.
NOW THEREFORE, in recognition of the good and valuable considerations exchanged between the parties, the
Owner and the Contractor hereby covenant and agree to amend the Agreement to identify the Guaranteed
Maximum Price for construction of said project, to identify the drawings, specifications and other documents upon
which the Guaranteed Maximum Price is based and to change the necessary parts of the original Agreement to
reflect the new Owner's Construction Budget (the GMP) and the new Owner's Total Budget as follows:
General: Those Articles and Exhibits not specifically referenced in this Amendment shall remain in full force
(1) Guaranteed Maximum Price - The Guaranteed Maximum Price (GMP) for construction of "State Project
Number," COC-97075010, Clearwater Main Library, Clearwater, Florida, "as defined in Article 7.1 of said
Agreement shall be:
FOURTEEN MILLION FIVE HUNDRED THIRTY TWO THOUSAND NINE HUNDRED FIFTEEN
DOLLARS, ($14,532,915.00)
(2) Drawings, Specifications And Other Supporting Documents - The Guaranteed Maximum Price (GMP) for
construction of "State Project Number COC-97075010, Clearwater Main Library, Clearwater, Florida," is
based upon the following drawings, specifications and other supporting documents:
a. Drawings entitled "City of Clearwater New Clearwater Main Library Clearwater, Florida", State Project No.
COC-97075010, dated July 23, 2002, prepared by Harvard jolly Clees Toppe Architects, PA AlA,
consisting of sheets as listed in the Construction Managers GMP Proposal.
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b. Specifications entitled "Clearwater Main Library 100 North Osceola Avenue Clearwater, Florida Project
Manual 100% Construction Documents Volume 1", State Project No. COC-97075010, dated July 23,
2002, prepared by Harvard Jolly Clees Toppe Architects, PA AlA, consisting of sections as listed in the
Table of Contents.
c. Specifications entitled "Clearwater Main Library 100 North Osceola Avenue Clearwater, Florida Project
Manual 100% Construction Documents Volume 2", State Project No. COC-97075010, dated July 23,
2002,prepared by Harvard Jolly Clees Toppe Architects, PA AlA, consisting of sections as listed in the
Table of Contents.
d. Addendum NO.1 dated August 14, 2002 consisting of 2 pages and all attachments referenced therein.
e. Addendum NO.2 dated August 19, 2002 consisting of 2 pages and all attachments referenced therein.
f. Addendum No. 3-(revised) dated August 23, 2002 consisting of 2 pages and all attachments referenced
therein.
g. Proposal entitled "GMP Proposal Clearwater Library April 10, 2003", State Project No.COC-97075010,
consisting of one letter dated April 10, 2003 from Turner Construction Company to Richard Arcuri, and
Sections as listed in the Table of Contents.
(3) Changes in Original Agreement - Various changes are required to the original Agreement's Exhibits and
Articles to reflect the adjustments required in the Owner's Construction Budget. It is agreed that the
following Articles and Exhibits of the Agreement shall be changed to read as follows:
1.4 Owner's GMP BudQet: Owner's funds budgeted and requested for construction of the Project. The
Owner's Construction Budget is $14,532,915.00 identified in Exhibit B, including all Contractor fees, costs
of the work and the Owner's and Contractor's construction and interface contingencies as defined in
Articles 8 and 9.
8.1.2 Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the
Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's
compensation for work or services performed during the Construction Phase shall be a fee of $971,302.00
(However, the Owner retains the right to review the need and effectiveness of any employee or employees
assigned by the Construction Manager, should the Project Director question the need for the employee or
employees). The Construction Phase Fee shall be invoiced and paid in 18 monthly payments of
$44,426.00 each, 1 payment of $44,437.00 and 3 additional monthly payments of $42,399.00 each. The
first monthly payment shall become due thirty days following the issuance of the first Construction
Authorization by the Project Director and the final monthly payment shall be paid only when construction of
the project is finally completed and occupancy of the project accepted by the Owner. If construction is
authorized only for a part of the project, the fee paid shall be proportionate to the amount of work
authorized by the Owner.
(1) Adiustments in Fee - For changes in the project as provided in Article 10, the construction phase fee
shall be adjusted as follows:
(b) Should the duration of the construction stipulated herein for Final Completion extend
beyond 22 months after the Notice-To-Proceed, receipt of final drawings and specifications,
or receipt of all necessary permits, whichever is later, due to no fault of the Construction
Manager, the Construction Manager's Additional Construction Phase Fee will be $2,019.00
per working day, for each day or portion thereof. The Construction Manager's staff during
such time extensions shall be that shown in Exhibit H.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above.
Attest:
APPR
resident and General Manager
TURNER CONSTRUCTION C
By 5 ~ ~~L.,/
Corporate Secretary
As Witnessed:
BY(~
(Corporate Seal)
CITY OF CLEARWATER, FLORIDA
Attest: :
BYML~ ~ -
APPROVE~
By ... ..3. ~--:iI,.
City Manager
Review Cped _
By -'-
A:s>+ . City Attorney ) Lf\"olZ-A L I POW'sK.1
Attest:
BY~
~. C!ty Cler . ". . '.
~ I . '.
I I' !~,/'} ~ ~
00)0/l./) '........,
DEPARTMENT OF MANAGEMENT SERVICES
By
~~~
By
~IIJ4
As Witnessed:
APPROVED:
Approved As To Form And Legality:
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Turner
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ASSISTANT SECRET ARV'S CERTIFICATE
I, Rafael A. Tolentino, Assistant Secretary of Turner Construction
Company, do hereby certify that William G. Morthland is a Vice President of this
Company and, as such, has full power and authority, to execute and deliver the
Construction Contract for the project described in Exhibit A attached hereto.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Corporate Seal this day of ,200_"
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EXHIBIT B
OWNER'S CONSTRUCTION BUDGET
(GMP BUDGET)
ITEM DESCRIPTION CONSTRUCTION BUDGET
PRECONSTRUCTION PHASE FEE................................................................................... $135,995.00
CONSTRUCTION PHASE FEE .. ........................................... .... ............................. .... ........ $971,302.00
OVERHEAD AND PROFIT ......... ........................................... ....... ............ .............. ............ $580,000.00
GMP BALANCE............ ...................................................................................................... $1,223,712.00
CONSTRUCTION AUTHORIZATION #1 (VOID)................................................................ $0.00
CONSTRUCTION AUTHORIZATION #2............................................................................ $1,466,426.00
CONSTRUCTION AUTHORIZATION #3............................................................................ $2,736,078.00
CONSTRUCTION AUTHORIZATION #4............................................................................ $5,024,690.00
CONSTRUCTION AUTHORIZATION #5............................................................................ $2,394,712.00
GMP BUDGET.................................................................................................................... $14,532,915.00
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