Ordinance No. 7,409950914 -22
ORDINANCE NO. 7409'-
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 MICHALSKY ROOFING COMPANY, INC., FOR THE REPLACEMENT
OF THE ROOF ON 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
Michalsky Roofing Company, Inc., for the replacement of the roof on
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. ALF O, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
APA'CiO RAMIR Z, S ., City Attorney
0 leg a l /counciUseptember /9- 14- 95au1h BAWAroof
-V.4 Document A105
Standard Form of Agreement
Between Owner and Contractor
for a Small Project
where the Basis of Payment is a STIPULATED SUiV
1993 SMALL PROJECTS EDITION
Because this document has important legal consequences, we encourage l'ou to consult with an
attorney before signing it. Some states mandate a cancellation period or require other specific
disclosures, including warnings for home improvement contracts, when a document such as This will
be used for Work on the Owner's personal residence. Your attorney should insert all language required
by state or local lain to be included in this Agreement. Such state- ments may be entered in the space
provided below, or if required bt' law, above the signatures of the parties.
This AGREEMENT is made
axele, August 23, 1995
BETWEEN the Owner
and the Contractor
August 23, 1995
BAYTOWN AREA WATER AUTHORITY
7425 Thompson Road
Baytown, Texas 77521
MICR UM ROOFING COMPANY, INC.
P.O. Box 520
Crosby, Texas 77532
for the following Project: Baytown Area Water Authority Headquarters Building
7425 Thompson Road Baytown, Texas
Remove and legally dispose of the entire roofing
and sheet metal system and
FURNISH AND INSTALL A COMPLETE NEW ROOFING AND
The Architect is: SST 1y= SYS'TEr1
James Davis
1808 E. James Street
Baytown, Texaas 77520
The Owner and Contractor agree as follows.
• mCopyri4hi 1993 by The Anwric:in Institute of Architects. 1'35 New York venue. N.w.. Washinvcon, D.C. 20006•i292. Reproduction of the mutcnrl heron
or suhN=631 qucu:i6on of its provisions without the written perrnissntn of the Ala violutes the cnperi4ht kyea of the United Seatcs and will ,uhict-t the vo,,Utor at
Jt:g:tl prosecution.
a AIA DOCUMENT A105 • OW- NER.CONTRACTOR AGREE >tF.:vT — SMALL PROJECTS �'�/�
Ft)MON • AIA' • D 1993 • THE AN1F.RiC V4 INSTITLTE OF ARC[ IITECTS. 1735 NEW YORK EXHIBIT A
AVE.NL'F v,a'„ WASHINGTON. O.C. _'t10IK.i�9� • WARNING: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator to legal prosecution. A105 -1993 1
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 MA 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:
Sheet 1 of 1
Roofing Details 104, 205, 207,310,313,314,316,204,202,201
Specifications:
AD Advertisement for Bids 2
IB Instructions to Bidders 6
BF Bid Form 2
GC General Conditions
SC Supplementary Conditions 7
GR (Division 1) General Requirenents 10
TT(Division 7) Thermal and Moisture Pro- 26
tection
.4 addenda prepared by the Architect as follows:
addendum No. 1 dtd. July 27, 1995
.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 ' OWSER•CONTRACTOR AGREEMENT —SMALL PROJECTS
EDITION • AIA' • 01993 . THE VIERICAN INST1Tt.rF oF:UtClIITECTs, 1735 NEW YORK
AVENCE V.W., WASHINGTON. D.C. 21XX7tr5292 ' WARNING: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator to 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 November 4, 1995
subject to adjustment by Change Order.
(lnsen the date or number o%calerdar days after the date of comenencenrent. t
•
ARTICLE 3
CONTRACT SUM
3.1 Subject to additions and deductions by Change Order, the Contract Sum is:
THIRTY THOUSAND EIGHT HUNDRED AND EIGHTY M DOLLARS ($30,882.00)
3.2 For purposes of payment. the Contract Sum includes the following values related to portions of the Work:
Portion of Work valuc
General Conditions $ 5,285-
Material 17,097-
Labor 8,500-
Total $30,882-
3.3 The Contract Sum shall include all items and services necess3ry for the proper cxccution :Ind completion of the Work.
AIA DOCUMENT A105 - 0NZvER.00NTR_1C70R AGREF.%4EvT- 5.%4A1.1. PROJECTS
EDMOv • ALA- - 01973 - THE AMMCUV I.N;="rE OF ARCHr1ECrS. 1' 15 wFSr YORK
AvENCE N. -.. - ASHINCTnN. D-C- '0LX)&& _19' - WARNING: Unllcensed photocopying
vloiele] U.S. coovrinhl I- and will uthinrl thn vinlatnr to 1t-na1 nrn -tlnn
ARTICLE 4
PAYMENT
4.1 Based on Contractor's Applications for Payment certified by the Architect, the Owner shall pay the Contractor as follow:,:
(Here insert pavmenr procedures and provisions for reianeaKe, ijrtnr. t
Re: Supplemental Conditions, Article 9, pages SC2 and SC3
On or about the 10th day of each month, ninety five per cent (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 Pa�Tnents 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.
at ury laws and requirements under ibe Federal Trutb in lending Act. similar state and local consumer credit laws and otber regulations at ibe Owner's and Con•
tractor's principal places ofbusiness. ibe location of the Project and elsembere mqv affect the validih• of (bisprocision.)
ARTICLE 5
INSURANCE
5.1 The Contractor shall provide Contractor's Liabilin• and other Insurance as follows:
/Insert specific insurance required by rbe Owner.)
Re: Article 11: Insurance and Bonds, SC3,SC4, SC5, and SC6.
5.2 The Owner shall provide Owner's liability and Owner's Property Insurance as follows:
(lien specific insurance furnisbed in• the Ou•ner.)
•
"53 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor's obligations under
Paragraph 3.12 of AlA Document A205. General Conditions of the Contract 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 • OUN- ER•CONTRACTOR AGREEMENT —SMALL PROJECTS
EDITION • .'IA' • 01993 • THE AMFRIC.-uq INS'ri -M OF ARCHITECTS. 1 -35 NEW YORK
A'vF\L'E. WASHINGTON. D.C. 20o06-5292 • WARNING: Unlloeimed photocopying
violates U.S. copyright laws and will subject the violator to legal prosecution.
A105 -1993 4
Ntuen am- other terms or conditions below.)
0
•
ARTICLE 6
OTHER TERMS AND CONDITIONS
This Agreement entered into as of the day and year first written above.
(if required by Law. insert cancellation period disclosures or other naming sratemenu aboty the signatures.)
0W"NER BAYIM AREA WATER AUTHORITY CONTRACTOR MICHALM ROOFTNG, INC.
(Signature)
711'5 lhcaparm Road
(Printed name, title and address)
Baytown, Texas 77521
(Signature)
P n B c 520
(Printed name, title and address)
UCENSE 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- CONTRAGTOR AGREEMENT —SMALL PROJECTS
EDITION • AIA- • 01993 • THE AMERICAN INSTTnITE OF ARCHITECTS, 1%35 NEW YORK
AvENLE. -v,W., WASHINGTON, D.G. 20006.5292 • WARNING: Unlicensed photocopying
violates U.S. copyright laws and will subject the violator to legal prosecution.
Al 05 -1993 5