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GUARANTEED MAXIMUM PRICE AMENDMENT
Init. to IRMADocument A133® - 2019 Exhibit A Guaranteed Maximum Price Amendment This Guaranteed Maximum Amendment (this "Amendment") dated the 24 day of February in the year 2024, is incorporated into the accompanying AIA Document A133T"_2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the 19th day of December in the year 2023 (the "Agreement") (In words, indicate day, month, and year.) for the following PROJECT: (Name and address or location) New City Hall South Myrtle Avenue and Pierce Street, Clearwater, Florida 33756 THE OWNER: (Name, legal status, and address) City of Clearwater, a Florida Municipal Corporation 100 South Myrtle Avenue Clearwater, Florida 33756 THE CONSTRUCTION MANAGER: (Name, legal status, and address) New City Hall South Myrtle Avenue, Clearwater, Florida 33756 TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS A.5 MISCELLANEOUS PROVISIONS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Sections 3.2.1.1 and 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price for that certain Project Segment referred to as "EARLY RELEASE PACKAGE DATED 1/30/24" (the "FIRST Project Segment"), which FIRST Project Segment is further described in the exhibits attached hereto and incorporated herein by reference. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed, as specified below in Section A.1.1.1. The Contract Sum for the FIRST Project Segment consists of the Cost of the Work (as that term ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. AIA Document A201 TM -2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133 — 2019 Exhibit A. Copyright 0 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:01:46 ET on 02/15/2024 under Order No.3104240254 which expires on 02/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1817660280) 1 Init. is defined in Article 7 of the Agreement) for the FIRST Project Segment plus the Construction Manager's Fee thereon at the rate specified in Section 6.1.2 of the Agreement. By executing this Amendment and furnishing the Owner with a Guaranteed Maximum Price and a construction schedule, the Construction Manager represents and warrants that the Contract Documents, including the Drawings and Specifications, as well as other materials, and information furnished the Construction Manager as of the date of this Amendment have described the scope, construction requirements, and design intent of the Work in detail sufficient to enable the Construction Manager to establish the Guaranteed Maximum Price, Contract Time and the construction schedule for the FIRST Project Segment. To the extent that the Drawings and Specifications designate further development, the Construction Manager has provided in the Guaranteed Maximum Price for the FIRST Project Segment for such further development consistent with the Contract Documents and reasonably inferable therefrom. Capitalized terms used but not defined herein shall have the meaning given to them in the Agreement or other Contract Documents referenced therein. The Construction Manager further represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute this Amendment, which representations and warranties shall survive the execution and delivery of this Amendment, any termination of this Agreement or the Contract, and Final Completion of the Work: (a) it is, and to the best of its knowledge after reasonable inquiry, its Subcontractors are, properly licensed by all necessary governmental and public and quasi -public authorities having jurisdiction over it and over the Work and the Project; (b) that it is able to furnish the tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; (c) that, prior to the execution of this Amendment, it has obtained and carefully studied the geotechnical report for the Project site and all other reports of explorations and tests of surface and subsurface conditions at the Project site and drawings of physical conditions in or relating to existing surface and subsurface structures which are at or contiguous to the Project site made available to it by the Owner (collectively, the "Geotechnical Report"); (d) that it has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities (as defined in Section 3.2.2.1 of the A201-2017) at or contiguous to the Project site and assumes responsibility for the accurate location of said Underground Facilities; and (e) it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents and by executing the GMP Amendment shall be deemed to have acknowledged that such information is all that is necessary for the performance or furnishing of the Work at the Guaranteed Maximum Price, within the Contract Time and in accordance with all other terms and conditions of the Contract Documents, provided that such activities are performed to the best of Construction Manager's ability as a licensed general contractor experienced with projects similar in nature and complexity to the Project and not as a licensed architect or engineer. § A.1.1.1 The Contract Sum for the FIRST Project Segment is guaranteed by the Construction Manager not to exceed Seven Million Four Hundred Seven Thousand Four Hundred Thirty -Nine Thousand Dollars ($ 7,407,439.00 ), subject to additions and deductions by Change Order or Construction Change Directive as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price for the FIRST Project Segment organized by trade categories, including allowances; the Construction Manager's contingency; alternates; the Construction Manager's Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) See Exhibit 2, Schedule of Values, attached hereto and incorporated herein by reference. The Construction Manager's General Conditions Costs are further itemized in Exhibit 6, attached hereto. The Guaranteed Maximum Price in this Amendment includes the Construction Manager's General Conditions Costs for a period of twenty-two (22) months following the execution of this Amendment. General Conditions Costs for periods of time after twenty-two (22) months following the execution of this Amendment shall be specified in a future GMP Amendment, if executed by the parties. § A.1.1.3 The Construction Manager's Fee for the FIRST Project Segment is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. AIA Document A133 — 2019 Exhibit A. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:01:46 ET on 02/15/2024 under Order No.3104240254 which expires on 02/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1817660280) Init. § A.1.1.5 Alternates § A.1.1.5.1 Alternates for the FIRST Project Segment, if any, included in the Guaranteed Maximum Price: Item Price Not applicable for this Project Segment. § A.1.1.5.2 Subject to the conditions noted below, the following alternates for the FIRST Project Segment may be accepted by the Owner following execution of this Amendment. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Not applicable for this Project Segment. Price Conditions for Acceptance § A.1.1.6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Not applicable for this Project Segment. Units and Limitations Price per Unit ($0.00) § A.1.1.7 The Guaranteed Maximum Price includes the Construction Manager's contingency for the FIRST Project Segment (as described in Section 3.2.4 of the Agreement) in the amount of: Four Hundred Thousand Dollars ($400,000.00). ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of execution of this Amendment. [ X ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work) The date of commencement of the Work shall be the later of the following (i) the date specified in the Owner's written notice to proceed to the Construction Manager and (ii) the Construction Manager records the payment and performance bonds required by Section B.3.4 of Exhibit B and provides the Owner with a certified copy of same. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time for the FIRST Project Segment shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the entire Work of the FIRST Project Segment: (Check one of the following boxes and complete the necessary information.) [ ] Not later than ( ) calendar days from the date of commencement of the Work. AIA Document A133 — 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:01:46 ET on 02/15/2024 under Order No.3104240254 which expires on 02/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1817660280) Init. [ X ] By the following date: February 5, 2026. § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work See Exhibit 7. Substantial Completion Date § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment for the FIRST Project Segment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: Document Not applicable for this Project Segment. Title Date Pages § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See the Index of Drawings and Specifications attached hereto as Exhibit 1. The drawings and specifications themselves that are listed in the index are the "Drawings" and "Specifications" and are incorporated into this Amendment by reference. Section Title Date Pages § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See the Index of Drawings and Specifications attached hereto as Exhibit 1. The drawings and specifications themselves that are listed in the index are the "Drawings" and "Specifications" and are incorporated into this Amendment by reference. Number Title Date § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner's Criteria, idents the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner 's and Construction Manager 's roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Not applicable for this Project Segment. Other identifying information: Date Pages AIA Document A133 — 2019 Exhibit A. Copyright O 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:01:46 ET on 02/15/2024 under Order No.3104240254 which expires on 02/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1817660280) Init. § A.3.1.5 Allowances for the FIRST Project Segment, if any, included in the Guaranteed Maximum Price: (Ident ' each allowance.) Item See Exhibit 4. Price § A.3.1.6 Assumptions and clarifications for the FIRST Project Segment, if any, upon which the Guaranteed Maximum Price is based: (Ident fy each assumption and clarification.) See Exhibit 5. Notwithstanding any description of proposed construction means, methods, techniques, sequences or procedures or safety procedures, safety precautions or programs in connection with the Work specified in Exhibit 5 or elsewhere in the Contract Documents, in no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work. § A.3.1.7 The Guaranteed Maximum Price for the FIRST Project Segment is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment.) The initial construction schedule required by Section 3.3.2.2 of the Agreement is attached hereto as Exhibit 7. The Construction Manager hereby confirms that, as of the date of the full execution and delivery of this Amendment, to the best of the Construction Manager's knowledge, information and belief, there is no basis for an extension of the Contract Time. There are no updates to the list of Key Personnel attached as Exhibit E to the Agreement. The Construction Manager's Logistics Plan attached hereto as Exhibit 9 and incorporated herein by reference in accordance with Section 3.2.3.9 of the Agreement. ARTICLE A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § A.4.1 The Construction Manager shall retain the consultants, contractors, design professionals, and suppliers, identified below: (List name, discipline, address, and other information.) See Not Applicable. AIA Document A133 — 2019 Exhibit A. Copyright ® 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:01:46 ET on 02/15/2024 under Order No.3104240254 which expires on 02/17/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1817660280) ARTICLE A.5 MISCELLANEOUS PROVISIONS § A.5.1 Each of the individuals executing this Amendment represent and warrant that he or she has been duly authorized by the respective Party on whose behalf he or she is executing this Amendment to execute this Amendment on such Party's behalf and that once executed by him or her, this Amendment shall be valid and binding upon such Party. § A.5.2 This Amendment may be signed in counterparts, each of which when executed and delivered shall be deemed to be an original and all of which, taken together, shall be deemed to be one and the same instrument. For purposes of execution and delivery of this Amendment, a document signed and transmitted by: (i) emailed PDF scan, or (ii) by electronic signature using DocuSign or other similar technology, shall be treated as an original document. The signature of either Party on an emailed PDF scanned version of this Amendment or a copy of this Amendment signed by electronic signature using DocuSign or other similar technology shall be considered as an original signature and the document transmitted shall be considered to have the same binding legal effect as if it were originally signed. At the request of either Party, any PDF scanned document or document signed using DocuSign or other similar technology shall be re -executed by both Parties in original form. Neither Party may raise the use of emailed PDF scan or DocuSign or other similar technology or the fact that any signature was transmitted by email as a defense to the enforcement of this Amendment. § A.5.3 This Amendment, once duly executed by the Owner, shall constitute the Owner's written Notice to Proceed with the Construction Phase of the Work of the FIRST Project Segment. § A.5.4 To the extent the Construction Manager has performed Work within the scope of this Contract before execution of this Amendment all rights and liabilities of the Parties for performance of the prior Work are merged and included within and shall be governed by the terms and conditions of this Amendment. All compensation paid for prior Work performed by or on behalf of the Construction Manager related to the Project is included in the Contract Sum. § A.5.5 Policies and Procedures. The Construction Manager shall at all times comply, and the Construction Manager shall ensure that all of the Work at all times complies, with the Owner's policies and procedures which have been provided by the Owner to the Construction Manager prior to or with this Amendment. While at any or on any of the Owner's premises, the Construction Manager's and Subcontractors' employees, personnel, agents, shall comply with all lawful and reasonable requests, standard rules, and regulations of the Owner communicated to the Construction Manager regarding personal and professional conduct, including any security or privacy requirements, and shall otherwise conduct themselves in a businesslike manner. The Construction Manager shall not act (nor permit any omission) or provide Work in a manner which would be disruptive to the Owner, or which would jeopardize the health or safety of any person. The Construction Manager shall not engage in any verbal or physical conduct that adversely affects any person, or any disruptive behavior that interferes with any person's ability to work in at the Owner's premises or with any person providing administrative, maintenance, or other services of any kind to, for, or on behalf of the Owner, whether such person is an employee or a contractor. In addition, the Construction Manager shall reasonably assist the Owner in maintaining compliance with all professional and ethical requirements and standards established by applicable federal, state, and local licensing or accrediting agencies and bodies and professional associations, including assistance in achieving and maintaining accreditation, certification and/or any licensure applicable, in whole or in part, to the items or services provided by the Construction Manager. This Amendment to the Agreement entered into as of the day and year first written above. CITY OF CLEARWATER, a Florida Municipal Corporation AJAX BUILDING COMPANY, LLC, a Florida Limited Liability Company OWNER (Signature) CO/N/NSSTRUCTIO MANAGER (Signature) William P. 'c me Chief Executive Officer (Printed name and title) (Printed name and title) Init. AIA Document A133 — 2019 Exhibit A. Copyright C 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of (� Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 17:01:46 [J ' ET on 02/15/2024 under Order No.3104240254 which expires on 02/17/2025, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1817660280) Countersigned: Brian J. Aun Mayor CITY OF CLEARWATER, FLORIDA By: Approved as to form: Attest: David Margolis City Attorney nnifer Poirrier City Manager )u_c_iril.kftj Rosemarie CaII City Clerk