R-2024-067 - 3/28/2024 RESOLUTION NO. R-2024-067
WHEREAS,the City of Round Rock entered into a contract on February 23, 2023 with Braun&
Butler Construction, Inc., entitled "Standard Form of Agreement Between Owner and Construction
Manager as Constructor where the basis of payment is the Cost of Work Plus a Fee with a Guaranteed
Maximum Price" ("Agreement"),and such contract is for the Griffith Remodel and Paseo Project at 212
and 216 East Main Street; and
WHEREAS, the terms of said Agreement require the submission of an Exhibit "A" to the
Agreement titled, "Guaranteed Maximum Price Amendment" ("Amendment"); and
WHEREAS, the City Council wishes to accept and execute said Amendment to the Agreement,
Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute, on behalf of the City, Guaranteed
Maximum Price Amendment to the Agreement with Braun & Butler Construction, Inc. for the Griffith
Remodel and Paseo Project, a copy of said Amendment being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date,hour, place and subject
of the meeting at which this Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and the subject matter hereof were
discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551,
Texas Government Code, as amended.
RESOLVED this 28th day of March, 2024.
uI 12 Zit-142AX95-DHI V9951/,s2
- //I 1/ff/
CRAIG NX0G%NX4ayor
City of Rou d Rock,Texas
ATTEST:
�U�V'eolow4lfl"J
MEAGAN SP K ty Clerk
EXHIBIT
„A„
Document A1 33 - 2019 Exhibit A` AIA
Guaranteed Maximum Price Amendment
This Amendment dated the ^Z4 day of March in the year 2024 ,is incorporated into
the accompanying AIA Document A 133T^r-2019,Standard Form of Agreement
Between Owner and Construction Manager as Constructor where the basis of payment is
the Cost of the Wolk Plus a Fee with a Guaranteed Maximum Price dated the 8 day of ADDITIONS AND DELETIONS:
February in the year 2024 (the"Agreement") The author this document has
(In words, indicate day,month,and 3�ear.) added Information needed for Its
completion.The author may also
for the following PROJECT: have revised the text of the original
AIA standard form.An Additions and
(Nance and address or location) Deletions Report that notes added
Information as well as revisions to
Griffith Remodel and Paseo Project the standard form text Is available
212 and 226 East Main Street,Round Rock,TX 78664 from the author and should be
reviewed.A vertical line in the left
THE OWNER: margin of this document Indicates
(Name, legal slalus,and address) where the author has added
necessary Information and where
City of Round Rock the author has added to or deleted
221 East Main Street,Round Rock,TX 78664 from the original AIA text.
THE CONSTRUCTION MANAGER; This document has important legal
consequences.Consultation with an
(Nance,legal slalf/s,and address) attorney is encouraged with respect
Braun&Butler Construction Inc. to its completion or modification.
300 Hazelwood Street,Suite 100,Leander,TX 78641 AIA Document A201 IM-2017,
General Conditions of the Contract
TABLE OF ARTICLES for Construction,is adopted in this
document by reference.Do not use
A.1 GUARANTEED MAXIMUM PRICE with other general conditions unless
this document Is modified.
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
ARTICLE A.1 GUARANTEED MAXIMUM PRICE
§A,1.1 Guaranteed Maximum Price
Pursuant to Section 3.2.6 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 Wolk,as that term is defined in Article 6 of Ilse Agreement.
§A.1.1,1 The Contract Sum is guaranteed by the Construction Manager not to exceed
Fifteen Million Thirty-One Thousand Seven Hundred Twenty-Eight and Noll 00 Dollars
(E 15,031,728.00 ),subject to additions and deductions by Change Order as provided in
the Contract Documents.
Init. AIA Document Al 33—2019 Exhibit A.Copyright m 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 17:30:29 1
ET on 03/12/2024 under Order No.2114503100 which expires on 01121/2025,Is not for resale,is licensed for one-lime use only,and may only be used in
l accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail docinfo®aiaconlracts.com.
User Notes: (3B9ADA31)
§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,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.
(P)-ovide itemized statentent below or reference an atlachillent.)
See Attachment A
§AA.1.3 The Construction Manager's Fee 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.
§A.1.1.5 Alternates
§A.1.1.5.1 Alternates,if any,included in the Guaranteed Maximum Price:
Item Price
Alternate Item No. 11 $32,034.00-included in the$15,031,728.00 Guaranteed
Maximum Price
§A.1.1.5.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following
execution of this Exhibit A.Upon acceptance,the Owner shall issue a Modification to the Agreement.
(Insert below each alternate and the conditions that Hurst be stet for the Owner to accept the alternale.)
Item Price Conditions for Acceptanc
N/A
§A.1.1,6 Unit prices,if any:
(Identify the itent 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)
14"Piers 20'Depth $50/LF
18"Piers 20'Depth $60/LF
24"Piers 20'Depth $65/LF
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 haves.)
[ ] 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.)
A Notice to Proceed will be issued no later than May 6,2024 for-the Commencement of the Work
I
If a date of commencement of the Work is not selected,then the date of commencement shall be the date of
i 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 shall be measured
from the date of commencement of the Work.
G
k §A.2.3 Substantial Completion
s §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:
(Check one of the following boxes and complete the necessary infoi-mation.)
Inst. AIA Document A133—2019 Exhibll A.Copyright(D 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects;"American Insltlule of
Architects;"AIA,'the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 17:30:29 2
ET on 03/12/2024 under Order No.2114503100 which expires on 01/21/2025,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(alalacontracts.com.
User Notes: (3B9ADA31)
[ ] Not later than ( )calendar days from the date of commencement of the Work.
[X] By the following date:October 6,2025
§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 Substantial Completion Date
Associated"Brass Tap"Work July 31,2024
§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 are based on the Contract
Documents and the following:
§A.3.1.1 The following Supplementary and other Conditions of the Contract:
Document Title Date Pages
AIA Document A 133- Standard Form of April 13,2023 32
2019 Agreement Between
Owner and Construction
Manager as Constructor
§A.3.1.2 The following Specifications:
(Either list the Specifications here, or refer to an exhibit attached to this Amendment)
2230-CORR Griffith and Paseo CD95 SPECIFICATIONS-24_0119
Section Title Date Pages
Specifications Griffith Remodel and January 19,2024 1389
Paseo Project Manual
§A.3.1.3 The following Drawings:
(Eilher list the Drawings here, or refer to an exhibit attached to this Amendnienl.)
2230-CORR Griffith and Paseo-CD95 DRAWINGS-24_0119
Number Title Date
MYA 2230 95%Construction January 19,2024
Documents
§A.3.1.4 The Sustainability Plan,if any:
(If the Owner identified a Sustainable Objective in the Owner's Criteria, idenl fr the document or documents that
comprise the Sustainability Plan by title, date and number of pages,and inchide other idenl f ring information. The
Sustainability Plan identifies and describes the Sustainable Objective;the targeted Sustainable Measures;
implementation strategies selected to achieve the Sustainable Aleasu/•es;the Owner's and Construction 11anager's
roles and responsibililies associated ivith achieving the Sustainable Aleasio•es;the specific details about design
reviews, testing or metrics to ver f r achievement of each Sustainable Aleasure;and the Sustainability
Docttnhenlctlio/i required for the Project, as those lei-ins are defined in Exhibil C to the Agreement.)
Title Date Pages
N/A
Init. 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 17:30:29 3
ET on 03112/2024 under Order No.2114503100 which expires on 01/21/2025,Is not for resale,is licensed for one-time use only,and may only be used In
l accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@alacontracls.com.
User Notes: (389ADA31)
Other identifying information:
§A.3.1.5 Allowances,if any,included in the Guaranteed Maximum Price:
(Identify each allowance)
Item Price
Contractor's Contingency $375,000.00
Owner's Betterment $375,000.00
Distributed Antenna System $56,806.00
200 cf Self-Leveling Floor Float $19,200.00
Additional Building Irrigation $10,000.00
95%to 100%Design Changes, $150,000.00
Additions,Clarifications
Temporary Pier Casings $28,300.00
Concrete Paving-East Parking and Drive $36,000.00
Additional Steel at FPD for Installation $2,500.00
Architectural Columns $40,000.00
Additional Level 5 Finish Not Defined $5,000.00
Two(2) 12"Storm Basin Under Wood $2,500.00
Deck
Additional 2"Water to Irrigate $5,000.00
Gravel Bed Under Porous Concrete $3,500.00
Drainage Under Altifical Turf $6,500.00
Electrical Gear Package $40,000.00
Elevator Electrical Requirements $10,000.00
Mechanical and Plumbing Circuitry $45,000.00
Epoxy Filler at Masonry Joints and $25,000.00
Cracks
§A.3.1,6 Assumptions and clarifications,if any,upon which the Guaranteed Maximum Price is based:
(Identify each assumption and clarification.)
See Attachment B.
§A.3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information:
(List any other documents or it formation here,or refer to an exhibit attached to this Amendment)
Schedule to be mutually agreed upon by Ownc•and Contractor.See Attachment C for Preliminary Schedule.
ARTICLE AA 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)
As previously specified in the Standard Farm of Agreement and/or subject to approval by Owner
This Amendment to the Agreement entered into as of the day and year first written above.
OWNER(Signature) CONSTRUCTION MANAGER(S iolure)
Craig Morgan,Mayor Kenton Heinae,President
(Printed name and title) (Printed nine and title)
Init. 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 17:30:29 4
ET on 03/12/2024 under Order No.2114503100 which expires on 01/21/2025,Is not for resale,Is licensed for one-time use only,and may only be used In
t accordance with the AIA Contract Documents9 Terms of Service.To report copyright violations,e-mail docinfo@alacontracts.com.
User Notes: (309ADA31)
t
i
f
Additions and Deletions Report for
AIA°Document A Id-2019 Exhibit A
This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has
added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from
the original AIA text.Added text Is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text.
Note: This Additions and Deletions Report Is provided for Information purposes only and Is not incorporated into or constitute any
part of the associated AIA document.This Additions and Deletions Report and its associated document were generated
simultaneously by AIA software al 17:30:29 ET on 03/12/2024.
PAGE
This Amendment dated the day of March in the year 2024 ,is incorporated into the accompanying AIA
Document A 133TA1-2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor-
where
onstructorwhere the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the
day of March in the year 2024 (the"Agreement")
Griffith Remodel and Paseo Project
212 and 226 East Main Street,Round Rock,TX 78664
City of Round Rock
221 East Main Stivet,Round Rock,TX 78664
Braun&Butler Construction Inc.
I
300 Hazelwood Street,Suite 100,Leander,TX 78641
§A,1.1.1 The Contract Suln is guaranteed by the Construction Manager not to exceed Fifteen Million Thirty-One
Thousand Seven Hundred Twenty-Eight and No/]00 Dollars ($ 15,031,728.00 ),subject to additions and
deductions by Change Order as provided in the Contract Documents.
PAGE
See Attachment A
Alternate Item No. 11 $32,034.00-included in the$15.031,728.00 Guaraniteed
Maximum Price
ahem Price Conditions for
AsseytattseAcceptanc
N/A
Additions and Deletions Report for 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 1
document was produced at 17:30:29 ET on 03/12/2024 under Order No.2114503100 which expires on 01/21/2025,Is not for resale,is licensed forone-time use
only,and may only be used in accordance with the AIA Contract Documents*Terms of Service.To report copyright violations,a-mall docinfo@alacontracls.com.
User Notes: (389ADA31)
i
14"Piers 20'Depth 50/LF
18"Piers 20'De th 60/LF
24"Piers 20'Depth 65/LF
[X] Established as follows:
A Notice to Proceed will be issued no later than May 6,2024 for the Commencement of the Work
PAGE
[X] By the following date:October 6,2025
Associated"Brass Tap"Work July 31,2024
AIA Document A133- Standard Form of April 13,2023 32
2019 Agreement Between
Owner and Construction
Manager as Constructor
2230-CORR Griffith and Paseo CD95 SPECIFICATIONS-24 0119
Specifications Griffith Remodel and January 19,2024 1389
Pasco Project Manual
2230-CORR Griffith and Paseo-CD95 DRAWINGS-24 0119
MYA 2230 95%Construction January 19,2024
Documents
/A
PAGE 4
Additions and Deletions Report for AIA Document A133—2019 Exhibit A.Copyright®1991,2003,2009,and 2019.All rights reserved.'The American Institute of
Archltecls;"American Institute of Architects,'"AIA,"Ore AIA Logo,and"AIA Contract Documents'are Trademarks of The American Instlute of Architects.This 2
document was produced at 17:30:29 ET on 03/12/2024 under Order No.2114503100 which expires on 01/21/2025,Is not for resale,is licensed for one-lime 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: (369ADA31)
Contractor's Contingency $375,000.00
Owner's Betterment $375.000.00
Distributed Antenna System $56,806.00
200 cf Self-Leveling Floor Float $19,200.00
Additional Building Irrigation $10,000.00
95%to 100%Design Changes, $150,000.00
Additions,Clarifications $28,300.00
Temporary Pier Casings $36,000.00
Concrete Paving-East Parking and Drive $2,500.00
Additional Steel at FPD for Installation $40,000.00
Architectural Columns $5,000.00
Additional Level 5 Finish Not Defined $2,500.00
Two(2)12"Storm Basin Under Wood $5,000.00
Deck Additional 2"Water to $3,500.00
Irrigate Gravel Bed Under $6,500.00
Porous Concrete $40,000.00
Drainage Under Artifical Turf $10,000.00
Electrical Gear Package $45,000.00
Elevator Electrical Requirements $25.000.00
Mechanical and Plumbing Circuitry
Epoxy Filler at Masonry Joints and
Cracks
See Attachment B.
Schedule to be mutually agreed upon by Owner and Contractor.See Attachment C for Preliminary Schedule.
j As previously specified in the Standard Form of Agreement and/or subject to approval by Owner
Craig Morgan,Mayor Kenton Heinze_President
k
Additions and Deletions Report for AIA Document A133—2019 Exhibit A.Copyright O 1991,2003,2009,and 2019.All rights reserved.'The American InsOtule of
Architects,"*American Institute of Architects,""AIA;the AIA Logo,and'AIA Conlracl Documents"are trademarks of The American Institute of Architects.This 3
document was produced at 17:30:29 ET on 03/12/2024 under Order No.2114503100 which expires on 01121/2025,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@aiaconlracts.com.
kUser Notes: (369ADA31)
G
Certification of Document's Authenticity
AIA®Document D401r,,r -2003
I,Stephanie L.Sandre,hereby certify,to the best of my knowledge,information and belief,that I created the attached
final document simultaneously with its associated Additions and Deletions Report and this certification at 17:30:29
ET on 03/12/2024 under Order No.2114503 100 from AIA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AIA®Document A133T"t-2019 Exhibit A,
Guaranteed Maximum Price Amendment,other than those additions and deletions shown in the associated Additions
and Deletions Report.
(Signed)
(Title)
(Dated)
AIA Document D401—2003.Copyright®1992 and 2003.All rights reserved.'The American Institute of Architects.—American Institute of Architects;"AIA,"the ALA
Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 17:30:29 ET on 03/12/2024 under
Order No.2114503100 which expires on 01/21/2025,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 doclnfo@alacontracts.com.
User Notes: (3B9ADA31)