AIA
®Document A133
TM– 2009
Guaranteed Maximum Price Amendment
AIA Document A133™ – 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent
possible under the law. This draft was produced by AIA software at 14:31:08 ET on 08/22/2019 under Order No.4809592789 which expires on 12/20/2019, and is not for resale.
User Notes: (1211393890)
1 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.
This document has important legal consequences.
Consultation with an
attorney is encouraged with respect to its completion or modification.
AIA Document A201™–2007, 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.
ELECTRONIC COPYING of any
portion of this AIA® Document
to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.
for the following PROJECT:
(Name and address or location)
«Brazoswood High School and Associated Projects – Phase 4 » «302 West Brazoswood Drive»
«Clute, Texas 77531»
THE OWNER:
(Name, legal status and address)
«Brazosport Independent School District» «301 West Brazoswood Drive»
«Clute, Texas 77531» «Telephone: (979) 730-7000»
THE CONSTRUCTION MANAGER:
(Name, legal status and address)
«Stewart Builders, Inc.» «16575 Village Dr.» «Houston, TX 77040» «Telephone (713) 983-8819» «Fax (713) 893-8987»
ARTICLE A.1
§ A.1.1 Guaranteed Maximum Price
Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager’s Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement.
§ A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed
«Eight Million Four Hundred Twenty-Five Thousand Six Hundred Sixty-Eight Dollars ($ 8,425,668 )», subject to additions and deductions by Change Order 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 organized by trade categories, allowances, contingencies, alternates, the Construction Manager’s Fee, and other items that comprise the Guaranteed Maximum Price.
(Provide below or reference an attachment.)
«Refer to GMP Letter dated April 15, 2021 and EXHIBIT A »
§ A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any,
which are described in the Contract Documents and are hereby accepted by the Owner:
AIA Document A133™ – 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent
possible under the law. This draft was produced by AIA software at 14:31:08 ET on 08/22/2019 under Order No.4809592789 which expires on 12/20/2019, and is not for resale.
User Notes: (1211393890)
2
this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.)
«Refer to EXHIBIT C»
§ A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
Item Price ($0.00)
Owner Contingency
Construction Manager Contingency TAS and City Review Comments Landscaping
Flat Screen TV’s Civil Items Super Graphics
Tech Building Roof Unknown Conditions Tennis Gate Panic Devices
$ 200,000 $ 200,000 $ 20,000 $ 25,000 $ 61,180 $ 105,000 $ 10,000 $ 20,000 $ 2,500
§ A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based:
«Refer to EXHIBIT B – Clarifications & Exclusions»
§ A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the
Contract:
Document Title Date Pages
§ A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications:
(Either list the Specifications here, or refer to an exhibit attached to this Agreement.)
«Attached as EXHIBIT D»
Section Title Date Pages
§ A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings:
(Either list the Drawings here, or refer to an exhibit attached to this Agreement.)
«Attached as EXHIBIT E»
Number Title Date
§ A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information:
(List any other documents or information here, or refer to an exhibit attached to this Agreement.)
«Addendum #1 dated April 1, 2021»
ARTICLE A.2
§ A.2.1 The anticipated date of Substantial Completion established by this Amendment:
AIA Document A133™ – 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent
possible under the law. This draft was produced by AIA software at 14:31:08 ET on 08/22/2019 under Order No.4809592789 which expires on 12/20/2019, and is not for resale.
User Notes: (1211393890)
3
Field Events – December 31, 2021 District Technology – January 31, 2022 »
OWNER (Signature) CONSTRUCTION MANAGER (Signature)
Mark A. Stewart - President
JOB: Brazoswood HS Phase IV Schedule of Values
--- ---
---Division ITEM DESCRIPTION * TOTAL
--- --- ---1 General Conditions Fixed
General Conditions Non-Fixed (Addendum 1 RFP) $122,627
General Liability $56,876
Builders Risk $70,325
Payment & Performance Bonds $66,210
Contractor Fee $112,231
Allowances
Owner Contingency $200,000
Contractor Contingency $200,000
TAS & City Comments $15,000
Landscaping $25,000
Flat Screen TVs $64,180
Missing Civil Items (Softball) $105,000
Super Graphics $10,000
Panic Hardware at Tennis $2,500
Roof Repair at Technology $20,000
2 Demolition $174,395
3 Concrete (Including Site Concrete ) $540,703
4 Masonry $268,000
5 Structural & Misc. Steel $123,294
6 Rough Carpentry, Fiber Panels Millwork & Drywall $348,484 7 Roofing, Sheet Metal, Waterproofing & Insulation $418,388
8 Doors, Hardware, Storefront $267,855
9 Ceilings, Tile, Flooring & Painting $495,802
10 Building Specialties $207,904
11 Equipment $14,200
12 Furnishings (Blinds) $1,390
13 Pre-Engineered Buildings, Press Box, Bleachers $351,286
21 Fire Protection (Server Room Tech Only) $73,878
22 Plumbing $455,980
23 HVAC $902,000
26 Electrical $1,277,430
27 Communications $232,290
28 Electronic Safety & Security $137,555
31&32 Earthwork & Site Improvements $885,685
33 Utilities $179,200
--- ---
---TOTAL * $8,425,668
GMP $8,425,668
Stewart Builders, Inc.
General Contractor • Construction Managers
Page 1 of 2 Brazoswood High School and Associated Projects – Phase #4
EXHIBIT “B”
Clarifications and Exclusions Clarifications:
1. Construction schedule is based on demolition start dates as follows: Softball 5/11/21
Baseball 6/1/21
Technology Building 6/3/21
2. We include concrete locker base per 75% drawings in lieu of the wood bench detail at Baseball.
3. The existing batting cage slab is to be reused. Holes will be sawcut in existing for the new footings.
4. Any owner salvage must take place prior to start of demolition. After demolition starts all salvage belongs to the Demo Contractor.
5. The sanitary sewer at Baseball is to be run outside the building to the existing sanitary manhole in lieu of tying into the existing locker room and saw cutting the slab.
6. We include an allowance of $105,000 at Softball for missing Civil items (lift station, added storm, concrete, trench grate & frame)
7. The rebar cages shown on S2.03 will only apply to fencing at the Baseball & Softball Field of play all other fence to have standard footings.
8. Builders Risk policy is included for all work specified under this amendment. Policies for flood, wind, and hail damage is included.
9. Payment and Performance Bonds for all work specified under this amendment are included.
Stewart Builders, Inc.
General Contractor • Construction Managers
Page 2 of 2 Exclusions:
1. HVAC Controls, units are packaged units with local controls.
2. Removal, remediation, and/or disposal of any hazardous materials, asbestos, mold, mildew in existing buildings, and unforeseen subsurface site debris 3. Dewatering/Well Pointing
4. Any work on the ball field playing areas. 5. Scoreboards or scoreboard related work
6. Fire Sprinkler systems (FM 200 Fire Suppression System at Technology Server Room D116 is included)
7. Metal fabricated logo on vinyl fence gate 8. JV Bullpen at Baseball (not shown)
9. Relocation of existing utilities unless specifically shown. 10. Termite Treatment at ROTC Pad
11. Rerouting storm drainage from 9th Grade roof onto ROTC Pad 12. Any new netting and/or wall pads at Baseball
13. 60 FT Suspension Netting System at Baseball
14. Any Metal Shelving at Technology Building (all shown dashed by owner) 15. Removal, remediation, and/or disposal of any hazardous materials, asbestos,
mold, mildew in existing buildings, and unforeseen subsurface site debris 16. Fiber Optics relocation
17. Removal/relocation or storage of existing equipment, computers, furniture, etc… 18. BIM and/or BIM coordination
19. TAB and Materials Testing
20. All power company/gas company utility charges and/or assessment/impact fees. 21. Environmental testing
22. Building permits are included; Plan Check fees are excluded. 23. Commissioning
24. Special Testing and Test & Balance of Mechanical Systems
25. Submitting and/or re-permitting with municipality for any CPR’s or minor changes.
