R2009-136 - 2009-08-10RESOLUTION NO. R2009-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING CHANGE ORDER NO. 2 ASSOCIATED WITH THE
UNIVERSITY OF HOUSTON-CLEAR LAKE (PEARLAND CAMPUS).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Change Order No.2 associated with the University of Houston-
Clear Lake, a copy of which is attached hereto as Exhibit "A"and made a part hereof for all
purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest Change Order No. 2 associated with the University of
Houston-Clear Lake.
PASSED, APPROVED and ADOPTED this the 10th day of August, A.D., 2009.
(/Yw ~,
T REID
MAYOR
ATTEST:
1 , „m~ni~i~irp
~,~~~~,ARLgy
a ~. {
YO G L MC ;~'i
CI SE ETARY "'
~L,
~'
APPROVED AS TO FORM: ~~"""""""~~~
~'
DARRIN M. COKER
CJTY ATTORNEY
Exhibit "A"
Resolution No. R2009-136
CITY OF PEARLAND
PROJECTS DEPARTMENT
3519 Liberty Drive
Pearland, Texas 77581
www.cityofpearland.com/pro j ects
Professional Services Contract Amendment
University of Houston-Clear Lake Pearland Campus
Date of Issuance: 6-Aug-09 Amendment No.:
CoP Project No.:
Consultant: Palmer Construction, LLC. P.O. No.:
FA0801 -~~
--- 09 15910+ 09159 7
~.~.
Explanation'
This change order encompasses the following:
Add labor material and equipment to include items 1 through 9 to the work of the contract, including
associated and identified design costs as identified in Request for Change, Rev. 2 dated July 15,2009
Description of Work Cost Time
1 Add labor, material and equipment for items 1 through 9 $ 142,524.00 Days
2 Add design costs to incorporate above items into the work $ 20,318.00 Days
3 $ - Days
4 $ - Days
5 $ - Days
Please attach back-up documentation
Cost & Time Change Summary Cost Time
Original Contract: $ 11,115,847.00 Days
Previous Change Order(s): $ - Days
Contract prior to this change order: $ 11,115,847.00 Days
Net increase (decrease) from this change order $ 162,842.00 0 Days
Revised Contract: $ 11,278,689.00 0 Days
Finance Approval: ~('~t r ~~, f 1~4 Date: ~- J (~ . f`~ j
ACCEPTED APPROVED:
B ~~~~ -Date: /D ~
Y By: Date: _
Consultant Ownergl 11 Eisen, City Manager
'Contractor agrees to perform change(s) included in this Change Order for the price and time indicated. The prices for changes included all costs associated with
this Change Order.
No work is to be done until this change order is executed. No payinen[ to the Contractor (or Consultant) shall be made for work included in the change order until
the Contractor's pay estimate is updated.
Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent, this Change Order governs.
Upon execution by all parties, the following changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract.
Design 1 of 1 16. Revised 7/25/08
2
~-
CQN STRlJCT10N, (LC.
UHCL - PEARLAND CAMPUS July 15, 2009
SCOPE OF WORK -REQUEST FOR CHANGE Revision Two
1 Itm 12 Poor Plan Description
Room A142-156 faculty suite was changed from modular furniture to Har [ost De
$8,6fi4 sitn Cost
$5,355
partition walls & Interior storefront system at the request of UHCL
LlNCi Request 7-06-09: Two enclosed ojjices for pNvacy. The rest of that
prep wJlf hove cubfcfes by UHCL as oNyfna!!y planned.
wails $3,96a
Glass $b80
Paint $b60
flooring $88
doors/frames hardware/labor $2,300
electrical $564
wbtotal $8,252
markup - 576 $413
tool $8,664
lOfloor bones were added to room A107 & A109 and i0 for A113 & AliS; i
floor box was added to each classroom (4eaJ; 2 Floor boxes were added to
2 Itm 13 Foor Plan 8brary A101; 4 floor boxes were added to Exhib[t area A205; 3 floor boxes $26,609 $5,355
were added in Computer Lab A104 and 9 floor boxes were added to the
Conference Center. Total added boxes are 42 ea.
electrical $25,342
wkrtotal $25,342
madcap - 576 $1,267
coal 526,609
3 Itm 14 Poor Plan 2 Drop boxes were added to A169 Cashier Area & A128 Enrollment Service $1,155 $630
area at the request of UHCL.
Drap Boxes $800
Drywall work $300
subtotal $1,100
markup - 5% $55
total $1,155
Additional overhead drop down shutters were added to A169 Cashier area,
4 Itm 16 Security ~~ Enrollment Service Area, and A171 Student Service area at the request $36,443 $4,725
of UHCL Half wall and gate at A1715tudent Servke area became full height
partition and door.
Overhead shutters $32,117
Steel supports $1,750
gectrkal $840
subtotal $34,707
markup - 596 $1,735
total $36,443
Additional 65' {45' of lowers and 20' of uppers and lowers with add resistant
5 Itm 17 Millwork tops) of millwork and two sinks were added to room A120, A116 and A318; $30,182 $1,575
19' of millwork was deleted from Library A101 at the request of UHCL
Eledlical outlets were added for laptop and microswpe recharging.
Delete generk millwork Library -$4,750
Add bwerearttwork wRA epoxy tops (no ehonQe jar Chemsurj tops) $22,425
Add upper casework • DELETED $0
Add dedicated Circuit for laptop and microscope plugins $3,570
Add 2 s1n-q sfugfe !o double $7, 500
subtotal $28,745
markup - 576 $1,437
total $30,182
Floor to ceiling dry marker boards which also use as protector screen (Wall
6 Itm 18 Rm Fin&Elect talker wall covering) in all dassrooms were substituted with two L10'xH4' $45,047 $2,363
white marker board and a 6' x 8' automatic drop down projector screen at
the request of UHCL.
Projection screens $39,795
delete whiteboard -$18,770
add markerboards $14,000
Awustipl add for screen pocket and bredng (bradng for projector) $5,100
(projector and bracket by Owner)
Electrical $2,777
subtotal $42,902
markup -5% $2,145
total $45,047
7 Itm 21 Door Sched. Door A168A, A172, AlOlA and A142 - A156 were changed to single late door $347 $315
at the request of UHCL.
Glass 5330
subtotal $330
markup - 5% $17
total $347
B Per meeting 6-30-09 Additional techology design work by DBR (not in wn•ent scope of work) $0
UNCL Request 7-06-09: Omit technology design worlc%r now.
9 Per UHCL 7-06-09 UH[C Rsquest 7-06-09: Omit movaabJe pariltJons and substJtute a -$5,922 $0
drywall porUtlon Instead (between A107 & A109 ONLY- one between
TeadtlrrQ Cabs A113 & A335 remain -requested 7-14-09)
CHARGES $142,524 $20,318
TOTAL CHARGES -HARD COSTS AIYD DESIGN $162,842
Slen off for Gov;l and to proceed with design of sco0e Items
Change Ober No. 1 UHCL
Skipper Jones - Clty of Pearland
date
Leonard Carthon - Huitt-Zollars, InF
date
Dan Wilson -University of Houston Clear Lake
date
LETTER OF TRANSMITTAL
359 Liberty Dr., Pearland, Texas 7758
Ph: (281) 65z-~7S6 Fx: (28i) 652-1706
DATE: 2oog.o8.io
TO: Sonia Webb
City Secretary's Office
From: Patty Patke
Projects Dept.
RE. C)ri~inal Contracts for Council Aooroval
COPIES PROJECT DESCRIPTION
~' FAo8o~ -University of Houston Palmer Construction
Clear Lake Campus Amendment No. z-
Rzoog-i36
^ FOR CITY COUNCILAPPROVAL
^ APPROVED AS SUBMITTED
^ FOR YOUR USE
^ SCAN INTO LASERFICHE
^ SUBMIT COPIES FOR DISTRIBUTION
^ AS REQUESTED
^ RETURN CORRECTED PRINTS
^ FOR REVIEWAND COMMENT
Thanks!
Patty Patke
Program Specialist
EXHIBIT
N
3
Nor CI
,i. PROJECTS DEPARTMENT
n 3519 Liberty Drive,Suite 300
a Pearland,Texas 77581
,� www.cityofpearland.com/projects
•
CHANGE ORDER
For the University of Houston Clear Lake Campus
Date of Issuance: August 6,2009 ` Change Order No: 2
Contractor: Palmer Construction,LLC. CoP Project No: FA0801
Engineer: Huitt-Zollars PO#: 090601
Explanation:
This change order encompasses the following:Add labor material and equipment to include items 1 through 9 to the work of
the contract,including associated and identified design costs as identified in Request for Change,Rev.2 dated July 15,2009.
Description of Work: Cost Time
1.Add labor,material and equipment for items 1 through 9 $142,154.00 Days
2.Add design costs to incorporate above items into the work $20,318.00 Days
3. $ Days
Please attach back-up documentation
Cost&Time Change Summary: Cost Time..
Original Contract: $11,115,847.00 Days
Previous Change Order(s): $ 0.00 Days
Contract prior to this change order: $11,115,847.00 Days
Net increase(decrease)from this change order: $ 162,842.00 Days
Revised Contract: $11,278,689.00 Days
Finance Approval: Date:
Finance Director
RECOMMENDED: RECOMMENDED:
By: Date: By: Date:
Design Engineer Construction Manager
ACCEPTED*: APPROVED:
By: Date: By: Date:
Contractor Owner
*Contractor agrees to perform change(s)included in this Change Order for the price and time indicated.The prices for changes included all costs associated.
with this Change Order work is to be done until this change order is executed.No payment to the Contractor(or Consultant)shall be made for work included
in the change order until the Contractor's pay estimate is updated.Revise the project plans and specifications as referenced and insofar as the original project
drawings and specifications are inconsistent,this Change Order governs.Upon execution by all parties,the following changes identified for the contract
value and/or contract time shown,are made part of the contract..
Admin 1 of 1 6.Revised 7/25/08
•
•
•
• -
Ora.
• _
• • •
tJniversity
Houstonof .•
, . :
Clear-Lake.
.
• : .
: .
•
August 2009
: ; •
•
•:Nir,:,:$41.01101)60e.
• . ..,
4491.3.1)e4f,r,Ortriiie:
•'
•••
Texas 77581
. .
•
Dear Mr Jones • • ,
JulY. 17, 7:CP5•ri)0116 to Mr, 1:irit,d1''49it,..,011„,,tti.4:110ivrgity•'.6f • •
•: •
HQLIStOD Ctear Lake s in agreement amendment NO,.,01 1.O.0$e•
.agreement„ Payit)46'(:' the amount of.$102,842. II be 4-430e__•t"p the Ciiy. of
• Pearland wtthrn the next thirty(30) . .
•
„•
Mitbelre pcixt,et
Vke
PrOi.deOt forAdmlrnstnUon nd Fnane
. ,
•
•:
• -. .
• • -
1 •
•
• • •
. ,
•
•
(iffis: Of the Vit.I rcid.ia for dnuniiriu iand FialtIce •
_ -
:2706 13z;Ate.4 1.11117.,,itti 111.115v:in, 7703S-104S (.:713) ' - ' ••
•
•
AMENDMENT NO.Dl TO LEASE AGREEMENT
"This Amendment No. 1 to Lease Agreement("Amendment No. Dl") is entered into as
of August 6,2009 by the City of Pearland,Texas,a home-rule municipality of the State of Texas
("Landlord"), and the University of Houston System, an agency and institution of higher
education of the State of Texas("Tenant").
RECITALS
WHEREAS,Landlord and Tenant entered into that certain Lease Agreement,dated as of
March 2, 2009 (as amended from time to time, the "Lease Agreement"), whereby Landlord
agreed to Lease the Leased Premises to Tenant.
WHEREAS, the Building being constructed by Landlord pursuant to the Lease
Agreement is being completed based upon the Plans as described on Exhibit C attached to the
Lease Agreement.
AGREEMENTS
NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency are
hereby acknowledged,Landlord and Tenant hereby agree as follows:
1. Definitions. All capitalized terms used herein but not defined herein shall have
the meaning ascribed thereto in the Lease Agreement.
2. Amendment Dl.. The.Lease Agreement is hereby amended as follows: In
accordance with Section 5C of the Lease Agreement, Tenant shall pay to Landlord$162,842.00
for the scope of work described in the document attached hereto dated July 15,2009. This scope
of work shall be included in the Plans for construction of the building.
3. Amendment to Schedule 2. Not Applicable.
4. Tenant Delay. The number of days of Tenant Delay in connection with Tenant's
Request that necessitated this Amendment No.D1 is zero,and the sum of all Tenant Delay days
caused by Tenant's Request (inclusive of the number of days of Tenant Delay set forth
immediately above)as of the date of this Amendment D1 is zero.
5. No Other Amendments. Except as specifically provided in this Amendment
No.DI,no other amendments,revisions or changes are made to the Lease Agreement. All other
terms and conditions of the Lease Agreement remain in full force and effect and apply fully to
this Amendment No.Dl.
6. Conforming References. Upon the effectiveness of this Amendment No. D1,
_each reference in the Lease Agreement to "this Lease Agreement," "thereunder," "hereto,"
"herein," or words of like import, shall mean and be a reference to the Lease Agreement as
amended hereby.
7. Counterparts. This Amendment No. D1 may be executed in one or more
counterparts,each of which shall be considered an original instrument, but all of which shall be
considered one and the same agreement, and shall become binding when one or more
counterparts have been signed by Landlord and Tenant and delivered to each of them.
1
HOU_2798218.10
8. Applicable Law. This Amendment No. Dl and all rights and liabilities of the
parties hereto with respect to the Lease Agreement shall be governed by the laws of the State of
Texas.
WITNESS THE EXECUTION hereof as of the date first above written.
Landlord:City of Pearland,Texas
,a
By:
Name:
Title:
Tenant: University of Houston System
By:
Name:
Title:
2
HOU:2798218.10
Exhibit C
UHCL Pearland Campus-Building One
(UHCL-20,000 GSF:City of Pearland 10,000 GSF)
August 4,2009 Ipdated to reflect cost increases of$162,842 included in Amendment D1 dated Aug 6,200' Cost Sharing Percentages
26.24% I 73.76% I 30.00%
Item Description Proposed Budget Pre-Construction Palmer Const'' Total Actual Pearland UHCL PEDC
A.Construction Costs Original Costs Rev'd Proposal Protect Costs
Water Feature` $150,000 $0 $0. $0 $0 $0
Building Costs-New Construction($190 GSF) 5,700,000 $5,566,168 $5,566,168 $1,022,394 4,105,606 $438,169
Fixed Equipment 114,000 $680,267 $680,267 $124,951 501,765 $53,551
Contingency Reserve-6%(contractors contingent 652,828 $198,982 $198,982 $36,549 146,769 $15,664
Subtotal $6,616,828 $6,445,417 $6,445,417 $1,183,894 $4,754,140 $507,383
B.Professional Service Fees
Architectural/Design Services $783,394 $335,000 $935,000 $1,270,000 $233,274 $936,752 $99,974
Administrative Costs 100,000 $655,575 $655,575 120,416 483,552 51,607
Other Professional services 107,235 $44,554 $22,500 $67,054 12,316 49,459 5,278
Subtotal $990,629 $1,613,075 $1,992,629 $366,006 $1,468 763 $156,860
C.Miscellaneous Costs
Infastructure' $185,320 $473,009 $473,009 $435,774 $0 $37,235
Roadway' 1,000,000 $341,359 $341,359 314,487 $0 26,872
Environmental Development Costs' 152,475 $300,602 $300,602. 276.939 $0 23,663
Parking(4r spaces, 1,500,000 $1,942,385 $1.942 385 356,777 $1,432,703 152,905
Other Major Costs-Owner's Contingency-4`: 435,219 $0 $0 $0 $0 $0
Subtotal $3,273,014 $3,057,355 $3,057,355 $1,383,977 $1,432,703 $240,675
Project Total $10,880,471 511,115,847 $11,495,401 $2,933,877 $7,656,606 $904,918
'These site development items are 100%Pearland expense
D.Changes made During Design&Construction
1 Amendment D1,dated Aug 6,2009 $162,842.00 $162,842.00 $162,842.00
see Palmer Request for Change,Rev 2,July 15,200E
New Adjusted Totals for participants $11,658,243.00 $0.00 $7,819,447.91 $0.00
Credit:Check#
Operations and Maintenance Costs
Operating Costs: based on occupancy date 01 July 6 2010 Year 1 2 3 4 5 6
Date 2010 2011 2012 2013 2014 2015
Building Operations Support-$7.75 GSF 3 Ill omns 1 z months 12 olonil,s 12 om„u,= 12 v,vlrs 12„,omn,
(utilities,custodial,grounds,building maint.) Operations&Mainr $52,371 $209,484 $219,958 $230,956 $242,504 $254,629
Capital Renewal Fund
(0%replacement value years 1-3) Capital Renewal $0 $0 $0
(1%replacement value years 4&5) 1•4 c M ,. $114 954 $114,954
(29,0 replacement value years 6l) del.,v a,,,,A,'t-w"t2 1,4,1,..t sr.,y.2
Total Unallocated Operations and Maintenance Costs
Total Annual Operations Cost $52,371 $209,484 $219,958 $345,910 $357,458 $484,537
Cost per Total Building Sq Foot $1.71 $6.83 $7.17 $11.28 $11.66 $15.80
Annual Allocated Maintenance&Operations
Operations Cost per Occupied Building Square Footage U of H $38,629 $154,515 $162,241 $255,143 $263,661 $357,395
PPDC $13.142 $ 4,,;969 '$5t717 `S9bM: e` - , ,__.
8/7/2009
xl00000lo.lds
,
UHCL Pearland Campus
Building One
Discussion draft as of 11/1/06
30000 gross square foot facility
occupancy, shared with the City of Pearland
•UHCL Space 20000 gross square feet
14000 assignable square feet
Classrooms 12 general classrooms; 430 seat capacity
2 50-seat 2,000
3 40-seat 2,400
7 30-seat 4,200
2 teaching labs; 70 seat capacity S 1,400
1 40-seat
1 30-seat
Open computer lab (40ss) 1,200
Faculty Offices 6 @ 150 sq. ft. - unassigned general use
1,000
Support Offices 12 @ 150 sq. ft. 1,800
Total Aseignable Spice 14,00!):,
8/7/20099:01 AM Dotter-X10000010.xls