HomeMy WebLinkAbout11-10-11-2c - Resolution - 11/10/2011RESOLUTION NO.
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING CERTAIN
PROVISIONS OF THE CITY'S STANDARD FORM OF CONSTRUCTION AGREEMENT
FOR OVER $50,000; AMENDING THE ARCHITECTS AND ENGINEERING
PROFESSIONAL SERVICES CONTRACT; GRANTING AUTHORITY TO THE CITY
MANAGER TO ACT ON BEHALF OF THE CITY, INCLUDING ISSUING APPROVALS
FOR CONTRACT CHANGES PURSUANT TO CERTAIN STATUTORY PROVISIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of College Station last adopted changes to the Standard Construction Form
contract for over $50,000 and Architects and Engineering Professional Services contract in
January 2011 by City Council Resolution No. 01- 13- 11 -2L; and
WHEREAS, pursuant to statutory changes occurring in the last Texas Legislative Session, the
City Council desires to revise certain paragraphs of the standard contracts established and to
make other changes in processing City contracts;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS AS FOLLOWS:
PART 1: That all of the findings of fact made and set forth in the preamble to this
resolution shall be and the same are hereby found, declared, and adjudicated to be
true and correct.
PART 2: That the City Council of the City of College Station hereby authorizes the City
Manager to execute the City's Standard Form of Construction Agreements for
over $50,000 and the Architects and Engineers Professional Services Contracts on
behalf of the City when City Council has duly approved such contracts by
adoption of a resolution.
PART 3: Article IX, Paragraph 9.02(b) of the Architects and Engineering Professional
Services Contract is hereby revised as follows:
"Article IX. Change Orders & Documents & Materials
9.02
b. When the original contract amount plus all change orders is equal to or greater
than $50,000, the City Manager or his delegate may approve the written change
order provided the change order does not exceed $50,000, and provided the sum
of all change orders does not exceed 25% of the original contract amount. For
such contracts when a change order exceeds $50,000 or when the sum of all
change orders exceeds 25% of the original contract, the City Council must
approve such change order prior to commencement of the services or work."
PART 4: Section 17.02 of the Standard Form of Construction Agreement for contracts over
$50,000 is hereby revised pursuant to Texas Local Government Code sections
258.048 and 271.060 as follows:
"17. EXTRA WORK CHARGES"
17.02.
For "Extra Work ", as defined in Paragraph 1.07 and authorized through written
change orders, and pursuant to Section 252.048(d) of the Texas Local
Government Code, the original contract price may not be increased by more than
twenty-five percent (25%). Written change orders that do not exceed twenty-five
percent (25 %) of the original contract amount may be made or approved by the
City Manager or his delegate if the change order is less than Fifty Thousand
Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars
($50,000.00) must be approved by the City Council prior to commencement of the
services or work. Any requests by the Contractor for a change to the
Contract Amount shall be made prior to the beginning of the work covered
by the proposed change or the right to payment for Extra Work shall be
waived. No course of conduct or dealings between the parties, nor implied
acceptance of alterations or additions to the Work or changes to the Contract
schedule shall be the basis for any claim for an increase in compensation or
change in time. Any cost incurred by Contractor in connection with any Extra
Work shall be included in Contractor's requested change order and Contractor's
failure to include any such cost shall act to Waive and Release any claim for such
non included cost.
•'
For construction contracts funded in whole or in part by Certificates of
Obligations, for "Extra Work," as defined in Paragraph 1.07 and authorized
through written change orders, and pursuant to Section 271.060 of the Texas
Local Government Code, a contract with an original contract price of $1 million
or more may not be increased by more than twenty-five percent (25%). If a
change order for a construction contract funded in whole or in part with
certificates of obligation that has an original price of less than $1 million
increases the contract amount to $1 million or more, subsequent change orders
may not increase the revised contract amount by more than twenty-five percent
(25%). Written change orders may be made or approved by the City Manager or
his delegate if the change order is less than Fifty Thousand Dollars
($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must
be approved by the City Council prior to commencement of the services or work.
Any requests by the Contractor for a change to the Contract Amount shall
be made prior to the beginning of the work covered by the proposed change
or the right to payment for Extra Work shall be waived. No course of conduct
or dealings between the parties, nor implied acceptance of alterations or additions
to the Work or changes to the Contract schedule shall be the basis for any claim
for an increase in compensation or change in time. Any cost incurred by
Contractor in connection with any Extra Work shall be included in Contractor's
requested change order and Contractor's failure to include any such cost shall act
to Waive and Release any claim for such non included cost.
PART 5: The City Council hereby delegates its authority regarding an action authorized or
required by the Texas Government Code chapter 2267 to the City Manager or his
designee pursuant to the Texas Government Code section 2267.053 for facilities
construction contracts. When considering a construction contract for a facility
using a method other than competitive bidding, the City Manager or his designee
must, before advertising, determine which method provides the best value for the
City pursuant to the Texas Government Code section 2267.056.
PART 6: The City Council hereby grants general authority to City Manager or his designee
to approve change orders that involve a decrease or increase of $50,000 or less
pursuant to Texas Local Government Code sections 252.048 and 271.060.
PART 7: That all previous resolutions in direct conflict with this resolution are hereby
superseded and repealed, but only to the extent of such conflict.
PART 8: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , 2011.
ATTEST: APPROVED:
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City Secreta Mayor � 1^,
APPROVED:
City Attorney