Loading...
CF-TownC CHC-CS 851219 (2)DATE: TO: FROM: RE: MEMORANDUM December 19, 1985 Ail Council Members Frank Proctor, City Manager Ed Powell, City Engineer Wayne Ginn, Consulting Engineer Frank Trando, Finance Director Larry Jackson, City Attorney Lou Duggan, Mayor City Hall Complex I have been advised by City Manager Frank Proctor that there are significant problems developing in regard to our City Hall complex, i.e., office space, coSt shortfall, needed vaults, contractor problems, light fixtures, etc. In my opinion, a work session specifically focused on this project is needed. Please advise Dorothy Timmons if you are available for a January 7 work session on this subject. MEMORANDUM FOR RECORD DATE: TO: FROM: RE: December 20, 1985 File on City Hall Construction & Fire Station Construction Lou Duggan, Mayor Ragland Signature on Contracts of Construction 1. On Thursday, December 19, 1985, I was advised by City Manager Frank Proctor that former City Manager Ron Ragland' s signature was on contractual documents binding construction of Coppell City Hall. I advised Mr. Proctor that Mr. Ragland had also signed contracts for the construction of Fire Station 92. 2. One contract was signed during my first two weeks as Mayor, the other during the last part of Mayor Brown's term. e Se I was aware of the above during the April evening that Mr. Ragland was offered resignation in lieu of termination by the Council. The above information was, in my opinion, an act clearly exceeding the city manager's authority in a General Law City, and that evening this information was part of the Council's reasoning for termination of Mr. Ragland. When informed on December 19, 1985, that problems were being experienced in construction of the City Hall Complex, the validity of our contract was discussed by Mr. Frank Proctor and myself. It was agreed that I would seek the independent and free opinion of legal counsel at Texas Municipal League --- Mr. Riley Fletcher. It was also felt that if contractual problems did develop Mr. Larry Jackson, city attorney, would be involved at that time. I contacted Mr. Fletcher the afternoon of the 19th. I explained the signatory dilemma. His response was: "It may be a problem." "However the contract may be implied if the council acknowledged it's existence by paying contractor's bills on the project. Thus, by doing so, the~ contract was ratified by subsequent bill paying action, although not entered into correctly .... evidently the council liked the contract, they are paying the bills." So...unless further problems arise, it appears the city has an implied commitment in both instances although not legally s ig n ed. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A'iO'I Standard Form of Agreement Between "'--. Owner and Contractor where the basis of payment is a STIPULATED .,cUM 1977 EDITION THI.~; I)OCUAIENT HA5 IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Condilions of the Contract tot Conslruction.' - This document has been approved and endorsed by The Associated General Contractors of America. ___ AGREEMENT made as of tl~e 28th Hundred and Eigh'cy Five BETWEEN the Owner: and tile Conlractor: day of March City of Coppell P.'0. Box' 48 Coppel 1,' Texas 75019 Howard U. Freeman, Inc. 1424 E. Grauwyler Irving, Texas .75060 Tile Project:. .-. Coppell Town Center Coppell. Texas- TheArchitect: O'Brien O'Brien Callaway - 10210 North Central Expwy., ~301 Dallas,'Texas 75231 The Owner and tile Contractor agree as set forth below. in the year of Nineteen Col~righl 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, · 1977 by Ihe American Instilute of Architecls, 1735 New York Avenue, N.W., Wa.~hinfiton, D. C. 20006. Reproduction of the malerial herein or substantial quotalion oir its provisions wilhouI permission of tile AIA violates the copyriRht laws of Ihe United Slates and will be subject to leRal prosecution. AIA DOCUMENT A101 · OWNER-CONTRACTOR AGREEMENT · ELEVENTH EDITION · JUNE 1977. · AIAo ~)1977 · THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 I ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consisl of Ihis Agreement, tile Condilion~ ¢~f Ihe Conlracl (General, Supplemenlary and olher Conditions), tile Drawinl:s, tile Specifications, all Addenda issued prior to and all Modificalions issued after exe- culion of Ihis Agreement. These, Iorm Ihe Conlract, and all are as ~ully a parl of Ihe Contract as if attached lo this Agreemenl or repeated herein. An enumeration o1' the Contract Documents appears in Arlicle 7. ARTICLE 2 THE WORK The Contractor sha|l peri'otto all file Work required by the Contract Documents for f/~e~e inset! the c~linn ~escriptive nf the %Vork ,,s u.~ed on other Contracl Documents.) The General Construction of a two .(2) story Municipal Building with approximately Thirty One Thousand-Five Hundred (31,500 S.F.) square feet located on Park Boulevard, Coppell, Texas, including all sqtework, grading', paving, site utilities, drainage, mechanical, electrical, plumbing, structural, etc., as described in the Drawings, Project Manual and Addendas. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The ~ork Io lie perl'ormed under this Contract shall b~ commenced on or before Apri 1_ 1, 1985 and, subjecl to aulhorized adjustments, Substantial Completion shall be achieved not laler than Three Hundred f~,'r~' in~,r! gay ~p~( iai p~nvi~ions Io~ liUuid,lted damage.~ relaling lo failure to cumplem on time.) ~ - (300) consecutive calendar days from the April 1~,1985 date which is Note: Included in the 300 consecutive calendar day__construction schedule are ten (10) anticipated weather delay days. AIA DOCUMENI A1Ol · (:)VVNER-C¢'INTRACTI)R AGREEKIENT" EI.EVENTH I~DITION" JUNE 1U77 · AIAet ~."1977 · TIlE ^~4[RICAN INSTITUTE CIE ARCHITECTS, '173.5 NEW YORK AVE., N.W., WASHINGTON, I~. C. 20006 A101-'1977 2. ARTICLE 4 CONTRACT SUM The Owner shall pay Ihe Conlraclor in current funds for the performance of Ihe Work, subject Io additions and deductions by Change Order as provided in tile Contract Documents, tl~e Contract Sum of Two Million Five Hundred Twenty E~g~ ThousanG F~ve Hundred E~gh~ S~x And co.?~c,~,~ 528 5 0 The ~51ale here Ihe b~se bi~ ~r giber lump sum mmounL acce~led ahemales, and un~[ p~ices, as ap~li~blej Base Bid $ 2,920,000.00 Accepted Base Bid Alternates - Deduct 37,100.00 Accepted Voluntary Alternates - Deduct 354,314.00 TOtal Contract Amount $ 2,528,586.00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applicalions for Paymen! submilled to the Archilect by lhe Conlractor and C~'rtificales for Paymenl isstied by Ihe Archilecl, the Owner shall make progress payments on account of lhe Contract Sum 1o tile Contractor as pro- vided in Ihe Conlracl Doct, menls I'or tile period ending the last day of the month as follows: Not later than days following the end of Ihe period covered by the Applicalion [or Paymer~t Flinet.y Fi ye percent ( 9,5 %) of the porlion of the Contract Sum properly allocable to labor, materials and equipment inc(trporaled in the Work and Ninety Five percent ( 95%) of Ihe porlion of Ihe Conlract .Sum properly allocable to malerial~ and equipment suitably slored at the site or at some oll3er Iocalion agreed upon in writing, for lira period coverecl by Ihe ^ppiication for Payment, less lhe ag~fegale of previous payments made by Ihe Owner; and .~m~elSul)slanlia Comp elion of Ihe entire Work, a sum sufficient to increase tile Iolal paymenls Io One Hundred percent ( 100 %) of Ihe Contract Sum, less such amounts as Ihe Archilecl shall delermine for all incomplele Work and unsellled claims as provided in the Conlract Documents. ~1t riot c~ve~ed elsc~vhere in the Conlrac! Documenls, here insert any provJzion lot limiting or reducing the amounl retained alter the Work reaches a cerlain stage gl completion.) ~n the 30th da~ following Payments due and unpaid under tile Contract Documents shall bear interest from the dale payment is due at Ihe tale entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. there insert an), rile of intere.~t a~reed upon.) 12~ (U~ury law~ and ~pqui~t,n,,nl~ ~m¢ler the federal Truth iff [ending ACt, ~imJlar stale and local consumer credit laws and ~ther regulalinn~ af the and Comraclor'~ p~incq)a/ place; nf hu;in~. ~he Incalion gl Ihe Projecl and els~'here may affect Ihe validity of this p~ovision. 5~cific legal advice should be oblain~ wi#* re,peet fo delefion, modification, or ofher reauitemen~ such as wriuen disclosures or waivers.) AIA DOCUMENT Algl · C)WNER-CONTRACTOR AGREEMENT · ELEVENTH EDITION · JUNE 1977 · AIAe ©1977 · THE AMERICAN INSTI'IUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 ARTICLE 6 FINAL PAYMENT Final payment, c()m, liluting the cnlire unpaid balance of' the Contract .Sum, shall be paid I)y the Owner ID tile Conlra(:h)r when Ih(; \¥()rk has been completed, the Contract fully periormed, and a final Cerlificate f()r Daymenl has been i~,aJe(I by lhe Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Term~ used in Ihi.~ Agreemenl which are defined in the Conditions of the Conlracl shall have the meanings clesignated in Ihos(, Condilions. 7.2 lhc Conlra(:l I)(~('umenls, whirh ¢onslilule the enlire agreement belween Ihe Owner and Ihe Contractor, are lisled in Arlicle '1 an(t, ~x(:ep[ for ~odificalion~ i~ued aher execution of Ibis ARreemenl, are enun)eraled a~ folh)w~: All Drawings, Project Manual, and Addendas as prepared by O'Brien, O'Brien, Callaway, as follows: Drawi ng_s Sheets: A-l, Al.l, Al.2, G-l, A-2, A-2.1, A-3, A3.1,~A-3.2, A-4, A-5, A-6, A-7, A-8, A-8~l, A-9, A-10, A-10.1, A-11, A-12, A-13, A-14, A-15, A-15.1, A-15.2, A-16, A-17, A-18, A-19, A-20, A-21, A-22, A-23, A-24, A-25, A-25.1, A-26, A-27, A-28, S-l, S-2, S-3, S-4, S-5, S-6, S-7, S-8, S-9, S-lO, S-11, S-12, S-13, S-14, PME 1.2, M3.1, M4.1,^Dated February 7, 1985. PME 1.1, M-2.1, M-2.2, P-2.0, P-2.1, P-2.2, P-3.1, E-2.1, E-2.2, E-3.1, E-3.2, E-4.1, Dated February 19, 1985. L-l, L-2, L-3, Dated February 6, 1985. Project Manual Title "Project Manual - Coppell Town Center - Project No. 8457" Dated, February 7, 1985. Addendums Addendum No. l, Dated, February 15, 1985 Addendum No. 2, Dated, February 19, 1985 Attachments Attachment "A" attached herewith, Date, March 21, 1985. This Agreement entel:ecl into as of the day and year first written above. OWNER CONTRACTOR · ' C.i ty nf Copae]_I,_T~a $~'" i : - ~/~ NOw_~ ~d U K~eepan ~ Titl~ I ' 1424~E. Grauwyler, P.O. Box 1657 Ir'vi~,~, Texa~ 75060 AIA DOCUMENT Al111 o OWNER-C()NTRAC'[OR AGREE~IENI' · ELEVENTH EDITION * JUNE 1977 · AIA~ ~1977 · THE AM[RICAN INSIITUIE OF ARCHITECTS, 1735 NEW YORK AVl:., N.W., WASHINGTON, D.C. 20006 A101-1977 4 ATTACHMENT "A" COPPELL TOWN CENTER FILE NO. 8457 MARCH 21, 1985 ACCEPTED BASE BID ALTERNATES 1. ALTERNATE NO. 2 - DELETE TOILET ROOMS 112 AND 114 A. Delete Women's Toilet Room No. ll4 and Men's Toilet Room No. 112 as shown on the plans deleting all fixtures, walls, finishes, and doors scheduled for these rooms. 1. Relocate Janitor ll3 and E.W.C. to south corridor wall per Architect's instructions. B. Area is which the toilet rooms were deleted are to become part of Computer Room 115 with lights, ceilings, floor, and walt. finishes same as Computer Room ll5. 1. Add three (3) 2' x 4' fluorescent lights to this space, same as Computer Room lights. (Lights to be located per Architect's directions.) DEDUCT $ 6,000.00 2. ALTERNATE NO. 3 - DELETE ROOMS 203, 218, 234, AND 235 A. Delete Toilet Room 203 including fixtures, walls, door, and finishes scheduled 1. Include this area as part of the Mayor's Office 201 and finish the walls, floors, and ceilings same as scheduled for the Mayor's Office. 2. Rearrange, fluorescent lighting so that Office 201 has four (4) 2' x 4'-fluorescent lights evenly spaced:. (Delete 2' x 2' light and add one (1) 2' x 4' light.) B. Delete Toilet Room 218 including lighting, fixtures, door, walls, and finishes scheduled. ' ii. Finish this area with floor, walt, and ceiling finishes same as presently_scheduled for Office 217. _ 2. Add one (1) 2' x 4' fluorescent light, same as lights scheduled for Office 217. (Light location to be per Architect's instructions.) C. Delete Toilet Room 234 and Closet 235 including lighting, fixtures, doors, walls, and finishes scheduled. 1. Finish this area with floor, wall, and ceiling finishes same as scheduled for Workroom 236. 2. Delete one (1) 2' x 2' light in Workroom and add one (1) 2' x 4' fluorescent light, location by Architect. DEDUCT $ 5,100.00 3. ALTERNATE NO. 7 - DELETE WOgD/[,'ARBLE WAINSCOT A. Delete all painted wood mouldings and marble wainscot shown on Drawings as follows: 1. Delete all wood chair rai.ls aon walls and columns (detail 8.108.C). 2. Delete all painted wood wainscot with marble inset on walls, columns, or stair newel posts (detail 8.108.C and 8.108.B). 3. Provide painted gypsum board in lieu of the above finishes. 4. All wall and column base materials are to remain same as shown on details (either painted wood or marble as shown). All wood stair newel caps are to remain as detailed. DEDUCT $ 11,000.00 4. ALTERNATE NO. 8 - DELETE "COFFERED" CEILING OVER MAIN LOBBY t02 A. Delete "coffered" ceilings and all wood ceiling mould_!ngs~_ as shown and detailed for ceiling over Main Lobby 102. 1. Provide one fl) large recessed flat suspended gypsum board ceiling in this area instead with the ceiling height to be even with the bottom of the "coffered" ceiling beams as detailed and to be above the sidewall mechanical supply slot diffusers. (No changes are required to mechanical systems under this Alternate.) o Lighting to remain the same. DEDUCT ~ ._1 _5_, g_O 0 .__O_O TOTAL ACCEPTED BASE BID ALTERNATES DEDUCT $ 37,100.00 ACCEPTED VOLUNTARY ALTERNATES AND VALUE ENGINEERING e o o 10. Eliminate 800 SF of 4' broom finish concrete sidewalk at north entry to bulding. DEDUCT 1,280.00 At south side eliminate planters, concrete steps and _ 2,170 SF of concrete sidewalk at south entry to building. DEDUCT $ 5,992.00 Delete paving on West side of building. DEDUCT $ 6,824.00 Subcontractor/General Contractor, cost adjustment to provide Alabama limestone as shown in elevation, Sheet A5 and Miscellaneous Details. (Revised Parking) DEDUCT $ 25,531.00 Eliminate concrete block and concrete ceiling vault 126, 138, 205. Eliminate Door Nos. 42, 59, 86: Change door type from Type 5 HM, A Label to Type 4 door, solid core plastic laminate. DEDUCT $ 6,000.00 Change Type A carpet from $24/SF to $16/SF. Change Type B carpet from $15/SF to $13/SF as identified on Room Schedules as '!Type A - FC/6" and Type B - FC/5". DEDUCT Provide built-up wood shapes at exterior cornice in lieu of GRC cornice as shown in Detail 403/1702. $ 8,746.00 DEDUCT $ 56,530.00 Delete allowance ~or Sound Systems. DEDUCT Delete~atlo~ance for VOTE Light System. $ 13,000.00 DEDUCT $ 15,000.00 Provide limestone columns in lieu of GRC as shown at north and south entry ' $ No Chanqg_ ll. Change allowance for seating in council chamber from $200/ea. to $150/ea. seat. DEDUCT $ 5,.1.00_._00._ 12. Reduce Building Directory ,~llowance from $3,000 to $1,500. DEDUCT $ ..... 999 9P_ 13. Reduce interior graphics allowance from $15,000 to $1,5oo. DEDUCT $ 13,500.00 14. Remove marble flooring from Vestibule lO1 and 133 and replace with Type A carpet. DEDUCT $ 3,902.00 15. Replace marble floor tile at Detail 602 in Lobby 102 with black terrazo with stainless steel divider strips to be located where control joints are shown on Detail 602. DEDUCT $ 12,669.00 16. Eliminate marble base at the main stair and all decorative columns at Lobby 102 and replace with painted wood base. DEDUCT $ 1,296.00 At Lobb)--102 replace marble inset in Wainscot at all decorative columns with painted plywood. 18. DEDUCT Eliminate Sheet A8, Detail 802, delete three (3) window units at Finance Departments wall and provide gyp board in their place. DEDUCT $ 1,210.D0 3,000.00 19. In lieu of 6" c~ncrete paving provide 5" concrete pavinu> DEDUCT $ 8,5oo:oo 20. On Sheet Al.2, Detail l;201: Delete 4" broom finish. concrete slab outside of council conference room 108. DEDUCT $ 1,020.00 21. Sheet A-15: Delete all marble countertops shown in restroom areas and replace with plastic laminate counter tops. (Ref. Detail 2805/2806) DEDUCT $ 1,820.00 22. Change'from a 2 x 2 suspended ceiling to a 2 x 4 grid ceiling in all areas where a 2 x 2 grid is shown except public areas; Rooms 102, 107, 105, 180 and 226. 23. DEDUCT $ 9,313. O0 Delete Trophy Case (Detail 15.210) Library Circulation Desk (Detail 15.218 thru 15.222) and delete Storage Cabinets (Detail 15.221). DEDUCT $ 23,722.00 24. Clarification item: All oak noted is to be plain sliced white oak pickled finish, stained. S___N_o__Chang_e_ 25. In lieu of the light fixture package specified, provide an alternate lighting fixture package. DEDUCT $__ g9 =99 ~ 26. In lieu of the electrical distribution arrangement shown, provide an alternate electrical distribution. 27. 28. 29. DEDUCT ' $ --~,000.00- Change raised pane]_ wood doors and louvered, bifold doors to flush solid core birch doors.. ...... DEDUCT $ 4,700.00 Engraving in elevator cabs--to be Helvetica in lieu of Garamond letter style. DEDUCT $ 1,500.00 Use standard 25 gauge metal studs at interior partitions _ in lieu of 20 gauge. DEDUCT $ 6,000.00. Reduce hardware allowance. DEDUCT $ 20,000.00 31. Delete wood and glass transom panels above wood and glass doors. DEDUCT $ 32. Delete contingency'allowance (Reference Article 4.8.3,. Page 00800-3). " DEDUCT $ 5,659.00 40,000.00 TOTAL ACCEPTED VOLUNTARY ALTERNATES AND VALUE ENGINEERING DEDUCT $ 354,314.00 ADDITIONAL POSSIBLE ALTERNATES The following is a list of possible alternates presently being considered for this project. The costs noted will remain valid for a period of Thirty Days. Should the Owner elect to accept any or all of the alternates noted, the Contract amount will be adjusted by Change Order. Should it be possible for the General Contractor to obtain select fill at no cost from the site adjacent to this property in lieu of having to purchase select fill from another source DEDUCT $ lO,O00.O0 Should the Owner elect to change to 6" concrete paving in the approaches, drives, and fire lanes in lieu of the 5" paving in these areas, this work will increase the Contract amount as follows: ADD $ 2,400.00 UNIT PRICES In the event the Owner directs that additional Work be done or Work be deleted, the Contract Amount shall be adjusted according to the following unit prices: Add 1. Integral Curb (per lin. ft.) $ 1.75 2. 5" concrete pavement with reinforcement (per sq. yd.) $ 16.00 3. 4" concrete walk with light broom finish (per sq. ft.) $ 1.60 Deduct $ 1.15 S 10.50 $ 0.90 SUPPLEMENTAL COST DATA The Base Bid amount includes drilled piers complete to the depths including scheduled penetration as defined on the drawings. The following adjustments to the Contract Amount,'if required, shall be made on the basis of the sum of the total net difference in the total length of the piers compared to the total scheduled length of piers. Drilled Pier Size Add Deduct 12" diameter $ 15.00 $ 16" diameter $ 18.00 $ 7.00 per lin. ft. 9.00 per lin. ft. 20" diameter - $ 23.00 $ ll.O0 per lin. ft. 244, diameter - - $ 25.00 $ 13.00 per lin: ft. 30" diameter $ 35.00 17.00 per lin. ft. ........ The abovj Base Bid Amount does not include using steel casings for drilled piers. Adjustments to the Contract Amount, if casing are . =_ required shall be based upon the following amounts: Drilled Pier Size 12" diameter 16"'diameter 20" diameter 24" diameter 30" diameter Add $ 6.00 per linear foot $ 6.00 per linear foot $ 7.00 per linear foot $ 8.00 per linear foot $ lO.O0 per linear foot ALLOWANCES INCLUDED IN BASE DID Included in the Base Bid the full amounts stipulated below for allowances as described for disbursement and use in Section 01020, A1 lowances: A. B. D. E. F. Ge $150.00 per seat for purchase of seats. $20,000.00 Lump Sum for purchase of hardware. $2,000 for purchase of brass buildin§ placque. '$1,500.0D for~purchase of Building Directory. $5,0OO.OO'for purchase of exterior building signage. $1,500.00 for purchase of interior graphics, signa§e, and nameplates. $16.00 per square yard for Carpet.Type A..I $13.00 per square yard for Carpet Type B. EXTRA WORK Should changes in the work or extra work'~be ordered, where the unit prices set out above are not applicable, the following applicable percentage shall be added to the material and labor costs to cover 'overhead and profit: Allowances to Contractor for overhead'and profi~f~r extra work performed by Contractor's own forces. Fifteen .... ~ - ]5 %) 2.- Allowances to Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor. ( l0 ~)'