GUARANTEED MAXIMUM PRICE AMENDMENT - MUNICIPAL SERVICES BUILDING RENOVATION (2)I
AIA Document A133® - 2019 Exhibit A
Guaranteed Maximum Price Amendment
This Amendment dated the a(,4 day of February in the year 2025 , 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 day of
October in the year 2024 (the "Agreement")
(In words, indicate day, month, and year.)
for the following PROJECT:
(Name and address or location)
Municipal Services Building Renovation
100 South Myrtle Avenue
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)
Ajax Building Company, LLC
109 Commerce Boulevard
Oldsmar, Florida 34677
TABLE OF ARTICLES
A.1 GUARANTEED MAXIMUM PRICE
A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
A.3 INFORMATION UPON WHICH AMENDMENT 15 BASED
A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN
PROFESSIONALS, AND SUPPLIERS
A.5 MISCELLANEOUS PROVISIONS
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
attorney is encouraged with respect
to its completion or modification.
AIA Document A2011/1-2017,
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.
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 "Guaranteed Maximum Price Proposal - Clearwater Municipal Services Building
Renovation Proposal" (the "SECOND Project Segment"), which SECOND 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 SECOND Project Segment consists of the Cost of the Work (as that term is
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 15:40:52
ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031)
1
ofbinit.
defined in Article 7 of the Agreement) for the SECOND 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 SECOND 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 SECOND 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 contigµous 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 SECOND Project Segment is guaranteed by the Construction Manager not to exceed
Eight Million Nine Hundred Five Thousand Nine Hundred Fifty Six Dollars ($8,905,956), 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 SECOND 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 1, Guaranteed Maximum Price Proposal - Clearwater Municipal Services Building GMP, attached
hereto and incorporated herein by reference. The Construction Manager's General Conditions Costs are further
itemized in Exhibit 1, attached hereto. The Guaranteed Maximum Price in this Amendment includes the
Construction Manager's General Conditions Costs for a period of eight (8) months following the execution of this
Amendment. General Conditions Costs for periods of time after eight (8) months following the execution of this
Amendment shall be specified in a future GMP Amendment, if executed by the by the parties.
A.1s1..3 The Construction Manager's Fee for the SECOND Project Segment is set forth in Section 6.1.2 ofthe
Agreement.
§ A.1.1A The method of adjustment ofthe Construction Manager's Fee for changes in the Work is set forth in Section
6.1.3 ofthe Agreement.
§ A.1.1.5 Alternates
§ A.1.1.5.1 Alternates for the SECOND Project Segment, if any, included in the Guaranteed Maximum Price:
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 15:40:52
ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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: (2034911031)
Item Price
Not Applicable
§ A.1.1.5.2 Subject to the conditions noted below, the following alternates for the SECOND Project Segment may be
accepted by the Owner following execution of this Amendment. Upon acceptance, the Owner shall issue a Modification to
the Agreement.
Not applicable for this Project Segment
§ 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 Units and Limitations Price per Unit ($0.00)
Not Applicable
§ A.1.1.7 The Guaranteed Maximum Price includes the Construction Manager's contingency for the SECOND
Project Segment (as described in Section 3.2.4 of the Agreement) in the amount of:
Four Hundred Thousand Dollars ($400,000)
ARTICLE A2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ A.2.1 The date ofcommencement ofthe Work shall be:
[ ] The date of execution of this Amendment.
[ X ] Established as follows:
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 or iii) the receipt of
all applicable building permits.
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.
§ A2.2 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 Second Project Segment shall
be measured from the date of commencement of the Work.
§ A2.3 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:
[ X ] Not later than (212) calendar days from the date of commencement of the Work.
[ ] By the following date:
§ 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 1
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.
AIA Document A133 — 2019 Exhibit A. Copyright ®1991, 2003, 2009, and 2019. All rights reserved. The American Institute of Architects; 'American Institute of
Archltects,"AIA, the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 15:40:52
ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, Is not for resale, is licensed for one-time use only, and may only be used in
accordance with the AIA Contract Documents Terris of Service. To report copyright violations, e-mail doclnfo@alacontracts.com.
User Notes: (2034911031)
ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED
§ A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment 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
Title
Date Pages
§ A.3.1.2 The following Specifications:
Refer to Exhibit 1— "GUARANTEED MAXIMUM PRICE PROPOSAL — FINAL" dated February 10, 2025.
§ A.3.1.3 The following Drawings:
Refer to Exhibit 1— "GUARANTEED MAXIMUM PRICE PROPOSAL — FINAL" dated February 10, 2025.
§ A.3.1.4 The Sustainability Plan, ifany:
(lithe Owner identified a Sustainable Objective in the Owner's Criteria, identify 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.)
Not applicable.
Other identifying information:
§ A..3.1.5 Allowances, for the SECOND Project Segment, if any, included in the Guaranteed Maximum Price:
(Identify each allowance.)
Refer to Exhibit 1— "GUARANTEED MAXIMUM PRICE PROPOSAL — FINAL" dated February 10, 2025.
§ A.3.1.6 Assumptions and clarifications, for the SECOND Project Segment, ifany, upon which the Guaranteed Maximum
Price is based:
See Exhibit 1. 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 1 or elsewhere in the
Contract Documents, in no event shall the Owner have control over, charge or, 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 SECOND Project Segment is based upon the following other documents and
information:
The initial construction schedule required by Section 3.3.2.2 ofthe Agreement is attached hereto in Exhibit 1. The
Construction Manager hereby confirms that, as of the date of the full execution and delivery ofthis Amendment, to the best
ofthe Construction Manager's knowledge, information and belief, there is no basis for an extension ofthe Contract Time.
AIA Document /U33 — 2019 Exhibit A. Copyright ®1991, 2003, 2009, and 2019. All rights reserved. 'The American Institute of Architects, "American Institute of
Arcnitects,- AIA, me AIA Logo, ana -AIA contract uocumente" are trademarxz on ne Amencan ins- cite OT Architects. i nis document was produced at 15:40:52
Init. ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, Is not for resale, is licensed for one-time use only, and may only be used in
-f accordance with the AIA Contract Documents® Terris of Service. To report copyright violations, e-mail doclM
nfo@aiacorects.com. 4
•Vl"J�0 , User Notes:
The Constructions Manager's Logistics Plan attached hereto in Exhibit 1 and incorporated herein by reference in
accordance with Section 3.2.3.9 if 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.)
Not Applicable
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 SECOND 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.
Itlit Arch , "AIA' the AIA Logo, and 'AIA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 15:40:52
ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, is not for resale, is licensed for ore -time use only, and may only be used in
accordance with the AIA Contract Documents* Terms of Service. To report copyright violations, e-mail doclnfo@aiacontracts.com.
User Notes:
(2034911031)
CITY OF CLEARWATER, a Florida Municipal Corporation
OWNER (Signature)
(Printed name and title)
Countersigned:
Bruce R
Mayor
AJAX BUILDING COMPANY, LLC, a Florida Limited Liability
Compan
CON " `
William P. B e f of Executive Officer
ON v ER (Signature)
(Printed name a ��le)
CITY OF CLEARWATER, FLORIDA
By:
Approved as to form: Attest:
David Margolis
City Attorney
Jenn Poirrier
City Manager
kiatiVata2
Rosemarie
City Clerk
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 15:40:52
ET on 09/30/2024 under Order No.2114498743 which expires on 01/03/2025, 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 dodnfottalacontracts.com.
User Notes: (2034911031)
6