Res 072-94 5/3/1994RESOLUTION NO. I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH BUCHANAN CONSTRUCTION COMPANY FOR THE
CONSTRUCTION OF THE MULTI-PURPOSE EVENTS CENTER
AGRICULTURAL COMPLEX FOR A CONTRACT AMOUNT OF
3, 142,437, THE SAME REPRESENTING THE CONSTRUCTION
COSTS FOR SAID CENTER, INCLUDING THE BASE BID AND
ALTERNATIVES 1 THROUGH 4; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. That the Mayor be and is hereby authorized to
execute a contract with Buchanan Construction Company for the
construction of the Multi-Purpose Events Center Agricultural
Complex, for a contract amount of $3, 142,437, the same
representing the construction costs for said center, including
the base bid and alternatives 1 through 4.
SECTION 2 . That a copy of said contract document is
attached hereto as Exhibit A and made a part of this resolution
for all purposes.
SECTION 3 . It is hereby officially found and determined
that the meeting at which this resolution was passed was open to
the public as required by law.
PASSED AND APPROVED this the 3rd day of May, 1994.
f
M A Y O R
ATTEST:
City Clerk
T i. •E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S
r1lA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUJI
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CO.VSEQ(-EX(-I:. Ct)ESL L711 TIULA- tr/711
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR JIODIFIC-1 T/().\-
The 198-Edition of.-1/A Document -1J01. General (a,mitt:nets of the Cru:tract Ji,r (. rstr,u;n,n. is adopted
in this document by reference Do not use with „ther enerct!iouditrou\ :cttc c this clnctunrut 1' 'noddle('
This document has been approved and endorsed by The Associated (;cnt ral Contractors ,)f America
AGREEMENT
made as of the TWENTY-FIFTH (25TH) day of APRIL in the
year of
Nineteen Hundred and Ninety-Four (1994)
BETWEEN the Owner: WICHITA COUNTY CITY OF WICHITA FALLS
Name and address) WICHITA COUNTY COURTHOUSE 1300 7TH STREET
900 7TH STREET WICHITA FALLS, TEXAS 76301
WICHITA FALLS, TEXAS 76301
and the Contractor: BUCHANAN CONSTRUCTION CO.
Name and address) 551 RATHGEBER ROAD
WICHITA FALLS, TEXAS 76301
The Project is : MULTI-PURPOSE EVENTS CENTER (MPEC) AGRICUTLURAL COMPLEX
Name and Location) WICHITA FALLS, TEXAS
The Architect is: SYD UTTEKEN-DESIGN CONCEPTS-ARCHITECTS DAUGHERITY&GLOVER INC.
Name and address) 3012 9TH STREET 2629 PLAZA PARKWAY,SUITE A4
WICHITA FALLS, TEXAS 76301 WICHITA FALLS, TEXAS 76308
The Owner and Contractor agree as set forth below.
Copyright I915, 1918. 192i. 193-. 191. t0',8, 1901. 190-. Irt-(. he The \nr._n(.tn In.ntute nt \r !'.i-
tcets. 1-ii New York Avenue. A V1 . A\,t•hington. U( l?crri luLtn.n,,t 'hc 'n.ucri.tl heron r -uh.t.ntu.tl ;Ii"t.rt n
of i t s pruvistom w i t h t,u t written pent•• inn of the.\l.\ u. The ri0!a .i ' ,t !h• 1 nail •r.i f c .u.,l•A I I I h . i''lr .
legal prusecutiun
AIA DOCUMENT A101 • ()\V'ER(:O.\TR.\(T''R 51,Rl"•IF:\r • f :<':! ' . .:_!1':', • Si\ • ! -
THE AMERICAN INVTlII TE OF ARLIUTE(.l s. fi.I F \\•I ! • t`• U •- A101-1987 1
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
I
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement,Conditions of the Contract(General.Supplementary and other(:onditir)ns i.
Drawings. Specifications, addenda issued prior to execution of this Agreement. Other documents listed in this .\eteentent and
Modifications issued after execution of this Agreement;these Corm the Contract,and are as fully a part of the Contract as it attache_(
to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto
and supersedes prior negotiations,representations or agreements.either written or oral.An enumeration of the Contract Documents.
other than Modifications, appears in Article 9.
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically Indicated in
the Contract Documents to be the responsibility of others. or as follows:
N/A
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured. and shall he the date `t
this Agreement,as first written above,unless a different date is stated below or provision is made for the date to he fixed in a nont:c
to proceed issued by the Owner.
Insert the date of commencement, if it differs from the date of this Agreement ur, q appliesrhle, state:heat the;hue a WI he hod to a nnoc e n,pre,,'ca
The Date of Beginning shall be established by a Notice to Proceed.
Unless the date of commencement is established by a notice to proceed issued by the Owner. the Contractor shall notify the
Owner in writing not less than five days before commencing the \\'ork to permit the timely filing of mortgages, mechanic'; liens
and other security interests.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 1 January 1995 .
Insert the calendar date or number of calendar darn cuter the date of co ntn,rr.<e'm•nt .1(V,insert aril'requirements jar earlier Whctantral e:wnp(ronrt l,rr
tarn portions of the ic'ork, if not stated elsewhere ur the Contract Documents 1
subject to adjustments of this Contract Time as provided in the Contract Documents.
Insert provisions, if any,for liquidated damages relating to failure to complete on time
If the Contractor shall fail to fully complete the work within the time specified (subject however to extensions of time duly granted in the
manner and for the causes specified in the GENERAL CONDITIONS) the Contractor shall be charged by the Owner as liquidated and
ascertained damages the sum of Five Hundred Dollars ($500.00)for each calendar day that the work remains incomplete beyond the time
fixed for the completion, it being hereby expressly and mutually agreed that from the nature of the case it would be impracticable and
extremely difficult to fix the actual damage which would or will be suffered in the event that the Contractor should fail to fully complete
the Work within the time specified, and it being further agreed that said charge amount so charged may be deducted by the Owner from
any money which might otherwise be or become payable to the Contractor.
AIA DOCUMENT A101 • O'x,ER Co\TRACTUR \t;REE\IE\l' • T`x ELFTH EtiiT! t • AIA •
THE AMERICA`INSTITI:TEr)F \RC,HITECTti. I-3S.r`x YORK \vf si r \'x `x\ tie. iU` Ur !! A101-1987 2
WARNING:Unlicensed photocopying violates U.S copyright laws and is subject to legal prosecution.
ARTICLE 4
CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of
THREE MILLION ONE HUNDRED FOURTY-TWO THOUSAND FOUR HUNDRED THIRTY-SEVEN AND NO/100THS-Dollars
3,142,437.00 subject to additions and deductions as provided in the Contract Documents.
Materials: $1,885,462.00 Labor: $1.256.975.00
4.2 The Contract Sum is based upon the following alternates. if any, which are described in the Contract Documents and are
hereby accepted by the Owner:
State the numbers or other tdertrtJtuiuon of accepted alternates If lects ir„ts ant',(i,(her alternates are s he nmde by the r at her auhseiluert H H e.ce,ii(i i !
this Agreement, attach a schedule of such other alternates shou-t,rq the amount for each and:be mate until a htch that.tirunan a rated l
BASE BID 2,290,437.00
ALTERNATE #1 35,300.00
ADD electrical light fixtures to the
Arena Area.
ALTERNATE #2 539,000.00
ADD the bleacher, concession and restroom
areas indicated as "B' and 'C' on the
drawings to the Arena.
ALTERNATE #3 238,000.00
ADD HVAC System to the Arena Area.
ALTERNATE #4 39,700.00
ADD electrical outlets to the Arena Building.
TOTAL S 3,142.437.00
4.3 Unit prices. if any, are is Wows.
ITEM UNIT WHEN ADDED: WHEN DEDUCTED:
ITEM NO. 1
Rock Excavation in Cubic Yd
accordance with of Rcck
Section 'Earthwork". Excavated 200.00 0-
ITEM NO. 2
Backhoe machine Per Yard
excavation in at Footings
accordance with and Grade
Section 'Excavation'. Beams 150.00 100.00
ITEM NO. 3
Trimming by hand
digging at grade Excavation
beams and footings. Per Yard 150.00 0-
ITEM NO. 4
Engineered Fill beneath Fill per
slabs per Section Cubic Yard
Excavation", at Slab 6.50 3.00
ITEM NO. 5
Concrete, Excavation,
reinforcing steel and Per Cubic
placement to enlarge Yard at
footing.Footings 300.00 150.00
AIA DOCUMENT A101 • (),:k NFH t.0 11(Ai 11tH •(,li l:\IF\1 • 1'X V.\' •
A101 1987 3
THE::UIER1(..\`IN.',TIIITF.I)F1HC t11TE(.1s. 1-.iiNE`St't)HK \'•t.NlF..\ • `s\`t!'\t,Irt\ U '
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the
Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as
follows:
Each payment shall be submitted to the Architect by the Twenty-Fifth (25th) of each
month, for payment by the Fifth (5th) of the following month.
5.3 Provided an Application f r Payment is received by the Architect not later than the
Twenty-Fifth (25th)day of a month.the Owner shall make payment to the Contractor not later than
the Fifth (5 t: ). day of theFollowing month. It an Application for Payment is received by the
Architect after the application date fixed above. payment shall he made by the Owner not later than Sixty (60)
days after the Architect receives the Application for Payment.
5.4 Each Application for Payment shall he based upon the schedule Jit values suhnutted by the Contractor in accordance uh
the Contract Documents. The schedule of values shall:Iliocate the entire Contract gum among the Various portents a rt the \e rk
and he prepared in such form and supported by such data to substantiate its accuracy as the Architect non require This scitdii c.
unless objected to by the Architect. shall he used as a bash, f )r reviewing the Contractors Applications tor P:i1inent.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end i it the peril id
covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents. the amount of each progress payment shall he computed as follow. s:
5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule
of values, less retainage of Ten p`r``t't
10 %,).Pending final determination of cost to the Owner of changes in the\\i)rk.anu runts not in the dispute may he
included as provided in Subparagraph-.3 'of the General Condition;even though the Contract Sum has not yet hc,n aditistk71
by Change Order:
5.6.2 Add that portion of the Contract SUM properly allocable to materials and equipment delivered and suitably stored at the
site for subsequent incorporation in the completed construction(or. if approved in ady:uue by the Owner.suitably stored Jiff the
site at a location agreed upon in writing),less retainage of Ten
percent ( 10 '!i);
5.6.3 Subtract the aggregate of previous payments made by the Owner: and
5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para-
graph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph "5.0 shall he further modified under the follow log
circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
Nine ty percent t 90 '%%,)of the Contract
Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims: and
5.7.2 Add. if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional
amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retainage. if any, shall be as follows:
1]it is intended.prior to Suhsfurrtrul Completion of the entire lrbrk. :o reduce or tuna the relufrnrr;r resulting from;be perientageN uu-
ruphx 5(r / and 5.6_r chore. and this is not explained then here in the(.orrrfracl Documents, inert here provision)for uch reduction r Irrnii..u'n r
N/A
AIA DOCUMENT A101 • WI'.FH(:c)\THA(Til 1GHEENII:.T • T'.5 ELF I II E0,tt 11 r • \L\' •
A101 1987 4
THE Al1F.H1(.A\ISsTI11 I UF.1H(.IIIrEc.T'. I-+;NE.'a 1(OHh.\vF'.l E \'t u.l.11l\(,I(,\ Ui ..,
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
ARTICLE 6
FINAL PAYMENT
Final payment,constituting the entire unpaid balance of the Contract Sum.shall he made by the Owner to the Contractor when I I
the Contract has been fully performed by the Contractor except for the Contractor s responsibility to correct nonconforming
Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisry other requirements. if any, which necessarilysurvivefinalpayment;and(2)a final Certificate for Payment has been issued by the Architect;such final payment shall he made by
the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment. or as follows:
There shall be withheld from final payment One Thousand Dollars($1,000.00)as an additional bond for the guarantee period. The OwnermaysubtractanycostsincurredbytheOwnerinsecuringguaranteeperformance. The One Thousand Dollars ($1,000.00) shall be heldbytheOwnerforoneyearfromthedateofSubstantialCompletionfortheGuaranteePeriodoftheGeneralContractor. From these fundstheOwnerwillpayforcorrectiveactionwhichgoesuncorrectedbytheContractorduringthisguaranteeperiod. These funds will bedepositedinaninterestbearingaccountandthebondandaccruedinterestwillbepaid. minus any deductions for necessary corrective
action, at the end of the one year guarantee period.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document. t[:C rCierencereferstothatprovisionasamendedorsupplementedbyotherprovisionsoftheContractDocuments.
7.2 Payments due and unpaid under the Contract shall hear interest from the date payment is due at the rate stated belii it in
the absence thereof. at the legal rate prevailing from time to time at the place w here the Project is located.
insert rare of uitcrest agreed upon. q any/
N/A
I"curt'Iutes one!retlanremen(s tinder dre Federal Trupr to fendnn4.1a I. ,mu:ur,fair'rm<!lr,a<d<,,,r.rn,rrr redo!au mad rah,rrivilatvms.a ti'.•r 1,,n., ,nrr1
Cint(raa tor's prime rpu(places of bu'rrte.c the lutdl H,n u.the Pr,,/ell<au1 el.eu here roar a//i,!:he I((tidal „I!ht, tense (1(i1,tdr n r n, r!
uv(h respect to deletions or 0'.dtlto aln"is ana also regartlt rill reyutrenrcnt,anh ae a rote.,r(u<1r,.ure.„r rr as< r
7.3 Other provisions:
N/A
ARTICLE 8
TERMINATION OR SUSPENSION
8.1 The Contract may he terminated by the Owner or the Contractor as provided in article i l of the (.cncral Condit it r.,
8.2 The Work may he suspended by the Owner as priic dud in Article 1 i of the General 1.ondiu<m.
AIA DOCUMENT A101 • ou\ER i.ii -multi i5 \i;t ra.NII N 1 • T'Y FI!T!I 11,1 I I1 r`. • \I\' • I
A101 1987 5
TIIt..\'•1ERIC.N INsTrrl'TEoE.551.IIITEi.Ts. l };NE's Yost:AVE NI ! \ _H `H\sl!IN t,t l\ !), _ ,
WARNING:Unlicensed photocopying violates U.S copyright laws and is subject to legal prosecution.
ARTICLE 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,ALA Document A101, 1987
Edition.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction,ALA Document A201, 1987 Edition.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated 7 March 1994.
and are as follows:
Document Title Pages
BIDDING REQUIREMENTS Notice to Building Contractors 2
Instructions to Bidders 3
Proposal Form 5
Bid Bond 1
Wage Scale 4
CONTRACT DOCUMENTS Statutory Performance Bond-McGregor Act (Public Projects) 1
Statutory Performance Bond• McGregor Act (Public Projects) 1
CONDITIONS OF THE CONTRACT Supplementary General Conditions 3
9.1.4 The Specifications are those contained in the Project Manua dated as in Subparagraph 9.1 3. and are as follo'.'.
Either list the Specifications here or refer to an echthtt attached to this.a;'ernent t
Section Title Pages
See Attachment No. 1. Table of Contents
AIA DOCUMENT A101 • OW\ERCO\TRAC.TOR AGREE`IENT • T'xEI.F"H EDlii()\ • .\I.\• •
A101 1987 6
THE A\IERICA\IV.CTITI TE OF ARCHITECT.. IS NE\x•YORK >\ENF F.\ 'XA'.11l\GTC t\ ()I; f,,,K
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
9.1.5 The Drawings are AS ft di(Ius. ;Ind are dated 7 March 1994 kinie .1 i.lillercnt date is ,:hrrwn heir
Il•tlber Iru the Drwrrn.k.hire„r 'vier n,,n c.'brhn urn«bed«,!1,t-Ii rerwr,rr r
Number Title Date
Cover Sheet
SP1 Site Plan-Dimensions&Contract Limits
SP2 Site Plan-Proposed Master Site Plan
S1 Foundation Plan
S2 Foundation Plans A, B.&C and Schedules
S3 Foundation Plans 0. E.F&G
S4 Foundation Details
S5 Roof Framing Plan
S6 Framing Plans A. B&C
S7 Framing Plans 0. E.F&G
S8 Precast Concrete Panel Elevations
S9 Precast Concrete Panel Elevations
At Key Floor Plan
A2 Floor Plan-Areas A, B.&C
A3 Floor Plan-Areas D. E. F&G
A4 Floor Plan-Bleachers!Interior Roof Plan
A5 Door/Window Schedule&Details
A6 Wall Sections
A7 Bleachers Section
AS Wall Section &Fascia Details
A9 Concession/Bleachers Elevations&Stairs Section
A10 Mezzamne,Starr Sections
All ElevatoriMez---3nme Sections
Alt TickeriPlatform Sections
Al 3 Washrack Section/Elevation &Details
A14 Exterior Elevations
Al 5 Interior Elevations
Al6 Floor Plan-Area H&Details
All Roof Plan
Al8 Wall Sections
M1 Floor Plan-'-iVAC Base
M2 Floor Plan•HVAC Alternate
M3 Floor Plan-HVAC-Areas A.B, &C
M4 Floor Plan-HVAC Areas 0,E.F&G
M5 HVAC Schedules &Details
El Floor Plan-Power
E2 Floor Plan-Power•Area A, B, &C
E3 Floor Plan-Power•Areas 0,E.F&G
E4 Floor Plan-Lignting
ES Floor Plan-Lignting-Areas A, B.&C
ES Floor Plan•Lighting •Areas 0,E.F,&G
E7 Floor Plan-Power-HVAC
P1 Floor Plan-Plumbing
P2 Floor Plan-Plumbing-Areas A,B.&C
P3 Floor Plan-Plumbing-Areas D.E.F,&G
P4 Plumbing Details
FP1 Floor Plan•Fire Sprinkler System
FP2 Floor Plan•Fire Sprinkler System(Lower Level)
FP3 Floor Plan-Fire Alarm System
Cl Floor Plan-Sound System
C2 Schematic-Sound System
9.1.6 The addenda. it any. are as follows:
Pages
Number
1 03 March 1994
p4
2 18 April 1994 03
Portions of addenda relatilt to bidding requirements are not part of the Contt.ICt I)„\.n ient,unie”"the lu(h!im, c lini nlr rl .tic
also enumerated in this \rtlrle 9.
AIA DOCUMENT A101 • ,!\\vFH(.t)\lH.\r.T( \(,HF.lLIF\I • T`XI•Il I11 1•;)1 it • \l\' • i "
r1
A1- 01-1987 7
THE:\>IF.HI(.:\\IN,II11 Tl-:r)1- \H(.11lir(.1N I-;\EA 1(iHh.\E\1I \'1 \ \sill\r,l 0`- II _
WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution.
9.1.7 Other documents, if any,forming part of the Contract Documents are as follows:
Attachment A - Table of Contents, Project Manual dated 07 March 1994.
Attachment B - Proposal submitted by Buchanan Construction Co., dated 21 April 1994.
This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to
be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner.
OWNER CONTRACTOR
WICHITA COUNTY BUCHANAN CONSTRUCTION CO.
NICK GIPSON, COUNTY JUDGE LARRY W. BUCHANAN, PRESIDENT
OWNER
CITY OF WICHITA FALLS
MIKE LAM, MAYOR
A101-1987