HomeMy WebLinkAboutContract 26120 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH
CONTRACT FOR DEMOLITION AND REMOVAL
This AGREEMENT is made BETWEEN the parties, CITY OF FORT WORTH hereinafter
referred to as "CITY" and Kennard and Sons Excavating, hereinafter referred to as
"CONTRACTOR", on this 8th Day of August, 2000 for the purpose of demolishing a single
family dwelling (s) within the City limits of Fort Worth, TX.
*The lot site address is: 3212 Prairie
*Its legal description is: Lot 7, Blk 19 Worth Hills Addition
The "CITY" shall compensate the "Contractor" a total sum of $ 2, 500.00
(Two -Thousand Five Hundred Dollars ) and 00/100. Payment shall be made in accordance with
Article 9 of this document.
The date of Commencement shall be August 28, 2000 ; with a Completion date not to exceed
3 days.
"CITY" AND "CONTRACTOR" hereby agree to the following:
TERMS AND CONDITIONS
Article 1
The Contractor hereby agrees and binds itself to commence and complete the demolition and removal
of certain structures on the premises described as follows:
One single family house located at 3212 Prairie as authorized by Jerome C. Walker
the Director of the Department of Housing or his designee. Specifically, contractor
shall perform the work described in Exhibit "A", which is attached and made a part of
this contract. In addition, contractor agrees to comply with all requirements contained
in Exhibit "B" Exhibit"C" and Affidavit attached to and made a part hereof.
Article 2
The Contractor shall operate hereunder as an independent contractor as to all rights and privileges
herein contained, and not as an agent, representative, servant or employee of the City; that the doctrine
of respondent superior shall not apply as between the City and the Contractor, and that the Contractor
shall be solely responsible for any and all acts or omissions of its officers, agents, servants, employees,
contractors, or subcontractors; and that nothing herein shall be construed as creating a partnership or
joints enterprise between the City and the Contractor.
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Article 3
The work herein contemplated shall consist of the Contractor furnishing, as an independent contractor,
all labor, tools, appliances and materials necessary for the demolition and completion of said project in
accordance with plans and specifications heretofore prepared by the Department of Housing of the City
of Fort Worth, which plans and specifications are hereto attached and marked Exhibit "A" and made a
part of this contract the same as if written.
Article 4
The Contractor hereby agrees and binds itself to commence said work within twenty-four (24) hours
after being notified in writing to do so by the Director of the Department of Housing of the City of Fort
Worth or his designee.
Article 5
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the final inspection and
approval of the Director of the Department of Housing of Fort Worth or his designee within two (2)
working days following commencement thereof.
Article 6
Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry
on and complete the same according to the true meaning of the intent and terms of said specifications,
then the City shall have the right to take charge of and complete the work in such a manner as it may
deem proper and if, in the completion thereof, the cost to the said City shall exceed the contract price
or prices set forth in the said plans and specifications made a part hereof, the Contractor shall pay said
City, on demand in writing setting forth and specifying an itemized statement of the total cost thereof,
said excess cost, or as reimbursement for said excess cost, the City, in its sole direction, may withhold
from Contractor any monies due, or which might become due the contractor, under this contract or any
other contract which the Contractor may have with the City.
Article 7
The Contractor covenants and agrees to and shall indemnify, hold harmless and defend the City, its
officers, agents, servants, employees, contractors, and sub-contractors, from and against any and all
claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any
property, arising out of, incident to, or in connection with, directly or indirectly, the terms and
conditions of this agreement, or the work to be performed hereunder, by the Contractor under this
contract, whether or not such injuries, death, or damages are caused by City's sole negligence or the
joint negligence of the City and any other person or entity. It is the expressed intention of the parties
hereto, the City and the Contractor, that the indemnity provided for in this paragraph is indemnity by
the Contractor to indemnify and protect the City from the consequences of the City's own negligence,
whether that negligence is the sole or a concurring cause of the injury, death, or damage.
The contractor further agrees to comply with all applicable federal, state and municipal laws, statutes,
regulations, ordinances, and building and construction Codes of the City of Fort Worth, the State of
Texas and the United States and with any regulations for the protection of workers .which may be
promulgated by any warnings, as are provided in said specifications andr� 1 r in
regulations of said City. v ifcognb
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Article S
The Contractor agrees to furnish proof satisfactory to the City, that it has secured and paid for the
following policies of liability insurance covering all risks related to the demolition and removal of
those certain structures and the work contemplated herein. The amounts of such insurance shall be not
less that the following:
A. Statutory Workers' Compensation; and
B. Comprehensive General and Automobile Liability, with bodily injury limits of$250,000.00
per person and $500,000.00 per accident, and property damage limit of $100,000.00 per
accident;
with the understanding of an agreement by Contractor that such insurance amounts may be revised
upward at the City's option and that contractor covenants and agrees to so revise such amounts within
thirty (30) days, following notice to contractor of such requirement.
The Contractor agrees to provide workers' compensation insurance coverage for all of its employees
employed on this public project to demolish units identified in this contract, and Contractor will certify
same to the City by executing the attached "Exhibit B", "Contractor's Compliance with Workers
Compensation Law". Contractor also agrees to require all of its sub-contractors who will perform
work on the project to provide it with a certificate that the sub-contractor provides workers'
compensation insurance coverage for all of its employees employed on the project and further agrees to
promptly provide a copy of all subcontractors' certificates to the City. Contractor will not permit any
sub-contractor to perform work on the project until such certificate has been acquired.
Article 9
For each unit demolished and removed in accordance with the terms of this contract, City agrees and
binds itself to pay, and the said Contractor agrees to accept in full payment for all of the aforesaid
work, an amount equal but not to exceed the unit price for that particular unit as reflected in Exhibit
"A" attached hereto.
Article 10
It is further agreed that the performance of this contract, either in whole or in part, shall not be sublet or
assigned by said contractor without the written consent of the Director of the Department of Housing
of said City of Fort Worth.
Article 11
The Contractor agrees to pay at least the general prevailing wages per hour for all labor as the same is
classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached
hereto and made a part thereof the same as if it were copied verbatim herein and the contractor agrees
to forfeit as a penalty to the City ($10.00) for each laborer, workman, or mechanic employed, for each
calendar day, or portion thereof for such laborer, workman, or mechanic who is paid less that the said
stipulated rates for any work done under this contract, by it, or by any subcontractor under him.
Article 12
In case any one or more of the provisions contained in this contract shall, for any reason, be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision of this contract, which contract shall be construed as if such invalid; gal
or unenforceable provision had never been contained herein. GUS
FToL XV., g Ta".
Article 13
It is mutually agreed and understood that this agreement is made and entered into by the parties hereto
with reference to the governing of all matters affecting this contract, and the Contractor agrees to fully
comply with all the provisions of the same.
IN WITNESS WHEREOF, the City of Fort Worth and Contrt have caused this in trument to the
signed in triplicate in Fort Worth, Tarrant County, Texas,this day of &Ada4t A.D.
l'�� 61
ATTEST: CITY OF FORT WORTH
("CITY")
ity Secretary t0'PD
Contract Authorization
("Contractor")
Date
By:
EXHIBIT "A"
SPECIFICATIONS
These are specifications attached to and forming a part of a contract between Kennard and Sons
Excavating . and the City of Fort Worth for the demolition and removal of a one story. wood frame
dwelling located at 3212 Prairie in the City of Fort Worth, Texas.
Scope of Work: The contractor shall furnish all tools, labor, equipment and permits necessary to fully
complete the following work as specified in this contract and in the bid specification on file in the
offices of the Housing & Rehabilitation Division, for a unit price amount equal to but not to exceed
$2,500.00. All salvageable material from the building will become the property of the contractor and
shall be removed from the site. Salvage time shall be limited to no more than four (4) hours per site.
The contractor shall possess and maintain during the entire length of the contract, a valid Wrecking
Business Registration as issued by the City of Fort Worth Department of Development.
CONTRACTOR SHALL:
1. Protect each work site as necessary with barriers, lights, safeguards or warnings.
2. Prior to commencement of work, notify appropriate utility companies to disconnect the gas service
line at the main, and disconnect electrical service line at the pole at each location.
3. Obtain a wrecking permit and demolish all of the specified building structures at each individual
site. Once commenced, work inclusive of salvage time at each individual site must be completed
within no more than one and a half(1.5) days per location. A final inspection of the property must
be obtained from the Department of Development, Building Inspection Division.
4. Remove all trash, debris and salvageable materials from the lot as well as from the alley and the
right-of-way.
5. Remove all furniture, tires, abandoned or junked vehicles or vehicle parts.
6. Remove any dead trees, dead shrubs and all high weeds and grass from the lot including the right-
of-way.
7. Remove all badly damaged or dilapidated fences.
8. Protect and leave in good condition all large trees and fences that are in good condition.
9. Fill any holes in the terrain resulting from any of the above work. The entire lot must be graded,
and low areas filled to prohibit the pooling of water.
10. Sweep dirt and debris from the sidewalk and street that have accumulated during loading.
11. Possess or insure that each vehicle contracted for waste hauling possesses, a valid City o Fort
Worth Waste Hauler Permit as issued by the Department of City Services Division of Solid Waste
(817) 871-5150 for each vehicle used for waste hauling.
12. The contractor shall remove and dispose of all asbestos containing material in accordance with the
National Emission Standards for Air Pollutants (NESHAPS), the Texas Asbestos Health
Protection Act, the Texas Asbestos Health Protection rules, and all other applicable federal, state,
and local laws.
13. The contractor shall provide all required notification of work done pursuant to paragraph 12 above
to the Texas Department of Health. For information contact the Texas Department of Health,
Austin, Texas (512) 834-6600.
RM
14. Confirm the demolition site as well as the date and time of demolition with the Housing
Rehabilitation Technician of the Housing Department by contacting Lorenzo Perez (817)
871-7387 in advance of demolition work. A representative from the Housing
Department/Rehab & Development Division must be at each site before demolition is started.
15. Clean and remove all debris, trash, unsanitary, unsightly or objectionable matter from the
demolition premises to a state licensed disposal site or to a properly permitted landfill site. Upon
completion of the job, the contractor shall submit to this office, an itemized bill detailing the unit
number, the property address, the price per unit and the name of the landfill where the demolition
debris was delivered.
16. Debris (excluding tires or hazardous materials) from each site may be disposed of at the City of
Fort Worth Southeast Landfill (6900 Dick Price Road - (817) 478-6462) at the regularly advertised
rate collected at the landfill.
17. No payment shall be made until the work covered by contract is fully completed and accepted by
the Director of the Housing Department. Payment will be made within fifteen (15) working days
from the date of receipt of the bill.
18. Add Select-fill to build a 6" building pad approximately 45'in width by 65' in length or as
requested from Contractor to build home after Demolition is completed.
UNIT NO. (�� ?@
EXHIBIT A C�'
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CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code, Section 406.096 Contractor certifies that it provides Workers'
Compensation insurance coverage for all of its employees employed on the public project to demolish
units identified in this contract.
CONTRACTOR
BY: a� 14
'ICONTRACTORIS SIGNATURE
/u&�.
TITLE
00
DATE
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared V 5c'�s Ae '�`�`�
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed of for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this s day of
Notary Public in and for the State of Texas
ti'^Yc; MARLA E.NICHOLSON
MY COMMISSION EXPIRES
My Commission
EXHIBIT `B'
10,MCNA NCO
7
EXHIBIT "C"
I. Workers Compensation Insurance Coverage.
A. Definitions:
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82,
TWCC-83, OR TWCC-84), showing statutory workers' compensation coverage for the person's or
entity's employees providing services on the project, for the duration of the project.
Duration of the project-includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in Texas Labor Code, 406.096)-includes all
persons or entities performing all or part of the services the contractor undertaken to perform on the
project, regardless of whether that person has employees. This includes, without limitation,
independant contractors, subcontractors, leasing companies, motor carriers, owner-operators,
employees of any such entities, or employees of any entity which furnishes persons to provide services
on the project. "Services" include, without limitation, providing hauling, or delivering equipment or
materials, or providing, labor, transportation. Or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the
project, for the duration of the project.
C. The contractor must provide a certificate of coverage to the city prior to being awarded the
contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the city showing that coverage has been extended.
Page 2- exhibit"C"
E. The contractor shall obtain from each person providing services on a
project, and provide to the city:
(1) a certificate of coverage, prior to that person beginning work on
ct, so the city will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
G. The contractor shall notify the city in writing by certified mail or personal delivery, within ten
(10) days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
H. The contractor shall post on each jobsite a notice, in the text, form and manner prescribed by
The Texas Workers Compensation Commission, informing all the persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and report
lack of coverage. ( see paragraph II )
I. The contractor shall contractually require each person with whom it contracts to provide services
on a project, to:
(1) provide coverage, based on proper reporting on classification
codes and payroll amounts and filing of any coverage agree-
ments, which meets the statutory requirements of Texas
Labor code, section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor,prior to that person beginning work
on the project, a certificate of coverage showing that coverage
is being provided for all employees of the person providing ser-
vices on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period,
a new certificate of coverage showing extension of coverage,
if the coverage period shown on the current certificate of coverage
page 3- Exhibit"C"
ends during the duration of the project;
(4) Obtain from each other person with whom it contracts, and provide
to the contractor:
(a) a certificate of coverage, prior to the other person beginning
work on the project; and
(b) a new certificate of coverage showing extension of coverage
prior to the end of the coverage period, if the coverage period
shown on the current certificate of coverage ends during the
duration of the project; �';�cfu
J'vo
(5) retain all required certificates of coverage on file for the duration of
the project and for one (1) year thereafter.
(6) notify the city in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person pro-
viding services on the project; and
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the city that all employees of the contractor who will be providing services
on the project will be covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-
insured, with the commission's division of self-insurance regulation. Providing false or misleading
information may subject the contractor to administrative penalties, criminal penalties, civil penalties or
other civil actions.
K. The contractors failure to comply with any of the provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor does not
remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.
II. Contractor posting required.
Page 4- Exhibit"C"
" The contractor shall post a notice on each project site informing all persons providing services
on the project that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other posting
requirements imposed by the Texas Workers' Compensation Act or other Texas Workers'
Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and any other
language common to the worker population. The text for the notices shall be the following text,
without any additional words or changes:
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services relating to this
construction project must be covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or other
service related to the project. Regardless of the identity of their employer or status as an employee.,."
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10 �1�n7 $kc,,vL,51Wpy
"Call the Texas Workers Compensation Commission at (512)-440-3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage,
or to report and employer's failure to provide coverage."
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AFFIDAVIT
I hereby certify that has delivered demolition
debris to ,whose address
is , and that this sanitary landfill is a properly permitted, State
licensed disposal site.
TEXAS DEPARTMENT OF HEALTH PERMIT NUMBER
Contractor
Date
12 MG'N