Guaranteed Maximum Price Amendment for Core & Shell Work – TD Ameritrade Omaha Campus (TD Ameritrade Services Company, Inc. and Kiewit Building Group Inc.)

Summary

This amendment sets a guaranteed maximum price of $142,030,940 for the core and shell construction work on the TD Ameritrade Omaha Campus, between TD Ameritrade Services Company, Inc. (the owner) and Kiewit Building Group Inc. (the contractor). It outlines key project deadlines, including beneficial occupancy of certain rooms by December 31, 2012, substantial completion by April 2, 2013, and final completion by June 19, 2013. The amendment replaces previous related amendments and requires acceptance by June 1, 2011.

EX-10.1 2 c65435exv10w1.htm EX-10.1 exv10w1

Exhibit 10.1

AIA 133 – Attachment
Scope Specific GMP

GUARANTEED MAXIMUM PRICE AMENDMENT

CORE AND SHELL GMP

Pursuant to Document A133 — 2009, dated the 1^st day of December 2009 and the A201 General Conditions of the Contract attached thereto, between TD AMERITRADE Services Company, Inc (OWNER) and Kiewit Building Group Inc. (CONTRACTOR) for TD Ameritrade Omaha Campus (the Project), OWNER and CONTRACTOR establish the following Core & Shell Guaranteed Maximum Price and Contract Time for the Work.

ARTICLE I
Core & Shell Work

The Guaranteed Maximum Price for the Core & Shell Work shall be $142,030,940 in accordance with the GMP Manual dated March 31, 2011 and the Contract Documents. This Amendment supersedes Amendments 3-5, and those amendments are no longer valid.


Exhibit A		Core & Shell GMP Manual dated March 31, 2011.

Exhibit B		Value Management Log dated April 27, 2011.

ARTICLE II
CONTRACT TIME

Beneficial Occupancy of Comm / Data Rooms: December 31, 2012
Substantial Completion: April 2, 2013
Final Completion: June 19, 2013

The owner shall accept this Guaranteed Maximum Price Amendment by June 1, 2011 (the Effective Date).


AUTHORIZED AND APPROVED BY:

OWNER		CONTRACTOR
TD AMERITRADE Services Company, Inc		KIEWIT BUILDING GROUP INC.

/s/ William J. Gerber (Signature)		/s/ Ronald C. Duce (Signature)

William J. Gerber, Executive Vice President and Chief Financial Officer (Printed Name and Title)		Ronald C. Duce, Senior Vice President (Printed Name and Title)

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