Ordinance No. 7,408950914 -21
ORDINANCE NO. 7408
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
APPROVING AND AUTHORIZING THE EXECUTION OF A STANDARD
FORM OF AGREEMENT BETWEEN BAYTOWN AREA WATER AUTHORITY
AND DERRYBERRY'S INC., FOR THE REPLACEMENT OF THE AIR
CONDITIONING UNIT AT THE ADMINISTRATION BUILDING; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves and authorizes the execution of a Standard
Form of Agreement between Baytown Area Water Authority and
Derryberry's Inc., for the replacement of the air conditioning unit
at the Administration Building. A copy of said agreement is
attached hereto, marked Exhibit "A, " and made a part hereof for all
intents and purposes.
Section 2: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 14th day of September,
1995.
PETE C. ALFAKO, Mayor
ATTEST"'/
r
EILEEN P.' L, City Clerk
APPROVED AS TO FORM:
c/ L '-- � , X
ACIO RAMIREZ, S . City Attorney
• legal/ council /scptember /9- 14- 95auLbBAWAakc
.-VA Docunze,zr .-1105
• Standard Form of Agreement
Between Owner and Contractor
for a Small Project
where the Basis of Payment is a STIPULATED SUAI
1993 SMALL PROJECTS EDITION
Because this document has important legal consequences, we encourage you to consult with an
attorney before signing it. Some states mandate a cancellation period or require other specific
disclosures. including warnings for bonze improvement contracts, when a document such as this will
be used for Work on the Owners personal residence. Your attorney should insert all language required
by state or local law to be included in this.- �greement. Such statements may be entered in the space
provided below, or if required by law, above the signatures of the parties.
This AGREEMENT is made: August 23, 1995
(Dare]
BETWEEN the Omer:
and the Contractor:
BAYIOW AREA WATER AUTHORITY
7425 Thompson Road
Baytown, Texas 77521
DERRYBERRY'S, INC.
2106 Bealrmnt
Baytown, Texas 77520
for the following Project: REPIACENM OF THE ROOFTOP AIR CONDITIONING
UNIT FOR THE ADMINISTRATION BUILDING
7425 Thompson Road Baytown, Texas 77521
The Architect is: James Davis
1808 E. James
Baytown,'Texas 77520
The Owner and Contractor agree as follows.
10 CCoperight 1993 be The Anierit:an institute of Architects, I 743 New York Avenuc. N.W_ titan. D.C. 2O00b-S'9_'. 11c production of the material herein
1X�'a.:hin P
or substantial quotation of its provisions without the vri(lcn perm ssion of the :U.A iolatcS the copyright to Ws of the Caned SUIC..i anti wilt ,suhiect the iolnur to
Icgalprosccution.
v AIA DOCUMENT A105 • OWNER•CONTR\CTOR AGREEMENT —SMALL PROJECTS
' - EDITION • ALA' • (011Y)3 • TIIE.404FRIC&IN INSTITi.T OF- ARCHITECTS. 1"3i NF)V YORI; . EXHIBR A
AVENL'E. N.\V W t<I IINGTON. D.C.'l)(1tj i'9' • WARNING: Unlicensed photocopying Al 05 --1993 1
�. violates U.S. copyright laws and will subject the violator to legal prosecution.
ARTICLE 1
THE CONTRACT DOCUMENTS
• The Contractor shall complete the work described in the Contract Documents For the project. The Contract Documents consist of
.1 this Agreement signed by the Owner and Contractor:
.2 :UA Document A201 General Conditions of the Contract for Construction of a Small Project, current edition:
.3 the Drawings and Specifications prepared by the Architect, dated
and enumerated as follows:
Drawings:
C
1 of 1 : Roof Plan(s) for Base and Alternate Bids, Roof Top Air Conditioning
Units and Roof Top Unit Schedules and Notes.
Specifications:
AD Advertisement for Bids
IB Instructions to Bidders
BF Bid Form
GC General Conditions
SC Supplementary Conditions
GR General Requirements 1010,1020,1110,1501,1710,
DIVISION 7 Thermal and Moisture Protection
DIVISION 15 Mechanical
Division 16 Electrical
4 addenda prepared by the architect as follows:
addendum No. 1 dated July 27, 1995
2110
(Excluded from Bid)
.5 written change orders or orders for minor changes in the Work issued after execution of this Agreement; and
.6 other documents, if any, identified as follows:
AIA DOCUMENT A105 • OWNER- CONTRACTOR AGREE.LIE`T —SMALL PROJECTS
EDmov . ALA' • 01993 • THE AMERIC•4N 1NSTITLTE OF ARCwrECTS. 1735 NEW YORK
AVENUE, v.vv.. WASHINGTON. D.C. 20006-i--1)2 • WARNING: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator 10 legal prosecution.
A105 -1993 2
ARTICLE 2
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE
The date of commencement shall be the date of this .agreement unless otherwise indicated below. The Contractor shall substantially,
complete the Work not later than December 4, 1995
subject to adjustment by Change Order.
(Insert the date or number ojcalemiar dais after rbe date of comrnencenu7m )
ARTICLE 3
CONTRACT SUM
3.1 Subject to additions and deductions by Change Order. the Contract Sum is:
Forty One Thousand Seven Hundred and Nine Dollars and no cents. ($41,709.00)
3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work:
Portion of Work Value
Materials
$36,114 -
Labor
2,200-
General Conditions
1,500-
Rigging
900-
Electrical
495 -
Duct Work
500-
Total $41,709-
3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work.
AIA DOCUMENT A105 • OWNFR.CO,1.`TR.ACTOR AGREE.'1ENT —SMALL PROJECTS
EDMON • AIA• • 01993 . THE AMERICkN 1INSTI L-11? OF ARCIUTECTS. 1735 NEw YORK
AVENUE. V.W., WASHINGTON. D.C. 200065292 - WA1:1NiNG: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator to legal prosecution.
A105 -1993 3
/•�ali�iil��l
fZVLSI".iI
4.1 Based on Contractor's .-applications for Payment certified by the Architect. the Owner shall pay the Contractor as follows:
(Here insert payment procedures and provision; for rerantage. if unr. )
Re: Supplemental Conditions, Article 9, pages SC2 and SC3
On or about the 10th day of each month, ninety five per cant (95%) of
labor,materials, and equipment incorporated into the work and properly
stored less previous payments, with.final payment due (30) days after sub-
stantial completion unless otherwise stipulated in the Certificate of
Completion.
Final payment shall not be made until after the project is accepted by the
Owner.
4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of
, or in the absence thereof, at the legal rate prevailing at the place of the Project.
2sury laus and requirements under the Federal Truth in Lending .pct, similar state and local consumer credit laws and Other regidationts at The Ou-ner's and Con.
tractor's principal places ofbusiness. the location of the Project and elsewbere mar affect the validin• of ibis provision.
ARTICLE 5
INSURANCE
5.1 The Contractor shall provide Contractor's Liability and other Insurance as follows:
(Insert specific insurance required br the Ou-ner.)
Re: Article 11: Insurance and Bonds, SC3,SC4, SC5, and SCb.
5.2 The Owner shall provide Owner's Liability and Owner's Property Insurance as follows:
(Itserr speeife insurance furnisbed !n• the Owner)
5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under
Paragraph 3.12 ofAlA Document A205, General Conditions of the Contact for Construction of Small Projects.
5.4 Certificates of insurance shall be provided by each party showing their respective coverages prior to commencement of
the Work.
AIA DOCUMENT A105 • OtXWER- CONTRACTOR AGREEMENT —SMALL PROJECTS
EDITION • -CIA' • 01993 • THE ANiERICAN INSTrTL7E OF ARCH ITEM, 1735 NEW YORK
AVF_\'L'E. N.1X'., WASHINGTON. D.C. 20006.5292 • WARNING: Unlicensed photocopying
violates U.S. copyright laws and will sublecl the violator to legal prosecution.
A105 -1993 4
ARTICLE 6
OTHER TERMS AND CONDITIONS
(Insert an 1• other remts or conditions below.)
0
This Agreement entered into as of the day and year first written above.
(1 %required by law: insert cancellation period, disclosures or orber warning staremenis above The signatures.)
OWNER BAYIM AREA WAFER AMORTTY CONTRACTOR DERRYBERRY'S, TNC.
(Signature)
(Printed name. title and address)
0;
Baytown, Texas 77521
(Signature)
(Printed name, title and address)
Baytown, Texas 77520
LICENSE NO,
JURISDICTION
CAUTION: You should sign an original AIA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
See Instruction Sheet for Limited License for Reproduction of this document.
AIA DOCUMENT A105 • OWNER-CONTRACTOR AGREEMENT —SMALL PROJECTS
EDITION • ALA' • 01993 • THE.104ERICAN INSTI'ME OFARCHITECi'S. 1735 NEW YORK
AVENUE. N.W., WASHINGTON. D.C. 20006.9292 • WARNING: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator to legal prosecution.
A105 -1993 5