HomeMy WebLinkAboutContract 18834 STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS:
) CITY SECRET (7
�
COUNTY OF TARRANT ) � (
W-RACI
That this agreement is made and entered into by and between the City of
Fort Worth, a home-rule municipal corporation located in Tarrant County,
called "City", and Brigs and Son Wrecking Co. , E.D. Briggs
hereinafter called "Contractor".
WITNESSETH:
That for and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by the City, and the true and faithful
performance of the mutual covenants herein contained, the said Contractor
hereby agrees with the said City as follows:
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:
Unit No. 7 as described in M & C G-9392 dated November 19, 1991 and in _
Specifications Exhibit "A" and Exhibit "B" attached to and forming a ap rt
of this contract.
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
respondeat superior shall nbt 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 officer, agents, servants, employees, contractors, or
subcontractors; and that nothing herein shall be construed as creating a
partnership or joint enterprise between the City and the Contractor.
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 accordaA"Lwith y
plans and specifications heretofore prepared by the Department of City
Services of the City of Fort Worth, which plans and specifications ar603.reto , -eq
attached and marked Exhibit "A" and made a part of this contract the 1same as,
if written.
4.
The Contractor hereby agrees and binds itself to commence said work
within ten (10) days after being notified in writing to do so by the Director
of the Department of City Services of the City of Fort Worth.
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 City Services of Fort Worth within 2__ working days following
commencement thereof.
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.
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
the 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. �ECO�Df
1 01
F
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 and the State of Texas, and with
any regulations for the protection of workers which may be promulgated by the
Government, and shall protect such work with all necessary lights, barriers,
safeguards, and warnings as are provided in said specifications and in the
ordinances and regulations of said City.
8.
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 than 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 and 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
subcontractors 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 subcontractor to perform work on the project
until such certificate has been acquired.
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 to
but not to exceed the unit price for that particular unit as reflected in
Exhibit "A" attached hereto.
0FFIC11 AI RECORD
CITY SEC i UY
FT. WORTH, TEX.
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 City Services of said
City of Fort Worth.
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
hereof 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 than the said stipulated rates for any
work done under this contract, by it, or by any subcontractor under him.
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, illegal or unenforceable provision had never been contained herein.
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 Contractor have caused this
Inst t to be si � in tri lica a in For Worth, Tarrant County, Texas,
thi day o�L �. D. 19_ �
ATTEST' CITY OF FORT WORTH
M 7
47t_(" /
By:
Cit -�cretary;' — City Manager
. u: itraot Authorizatiba
� Z � �
Date
APPROVED AS TO FORM AND LEGALITY:
By: Briggs and Son Wrecking Co.
Assistant City Attorney Contractor
By
Title
7512 Davis Blvd. , Fort Worth, TX 76180
Address (81281-7767
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, 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.
E.D. Briggs, Briggs _& Son Wrecking Co.
CONTRACTOR
By: - 2� _ ____
TITLE
Date
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day personally appeared
E.D. Briggs, Briggs & Sdn Wrecking Co. known to me to be the person whose
name is subscribed to the foregoing instru e t ackno edged 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 day of
19_�L_
Notary Public in and for
the State of Texas
• My Commission Expires
1
"Exhibit B"
SPECIFICATIONS
These are specifications attached to and forming a part of a contract between
Briggs and Son Wrecking Company and the City of Fort Worth for the demolition and
removal of a one story 1842 sq. ft . frame dwelling located at 3009-11 South Adams
Street 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 specifications on file in the offices of the Code
Enforcement Division, for a unit price amount equal to but not to exceed $2,343.00.
All salvageable material from the building will become the property of the
contractor and shall be removed from the site. Salvage time shall be kept to a
minimum.
CONTRACTOR SHALL:
1 . Demolish the building structure( s ). ALL WORK ONCE COMMENCED AT EACH INDIVIDUAL
SITE MUST BE COMPLETED WITHIN NO MORE THAN ONE AND A HALF ( 1 .5 ) DAYS PER
LOCATION.
2. Remove all trash, debris and salvageable materials from the lot as well as from
the alley and the right-of-way .
3. Remove all furniture, tires abandoned or junk vehicles, or vehicle parts.
4 . Remove any dead trees, dead shrubs and all high weeds and grass from the lot
including the right of way and the allex. Remove all badly damaged or rotted
fences.
5. Plug sewer opening( s ) with concrete.
6 . Notify appropriate utility companies to disconnect the gas service line at the
main, and to disconnect electrical service lines at the pole, at each location.
7. Protect and leave in good condition all large living trees and fences that are
in good condition.
8. Fill any holes in terrain resulting from any of the above work . The entire lot
must be graded, and- low areas filled to prohibit the pooling of water .
9. Sweep dirt and debris from sidewalk and street , that has accumulated during
loading .
10. Possess a valid City of Fort Worth Waste Hauler permit , as issued by the City
of Fort Worth, City Services Department , Division of Solid Waste.
11 . Possess a valid Wrecking Business registration as issued by the City of Fort
Worth, Department of Development .
12. Obtain an Asbestos Inspection approval from the Department of Public Health
for all commercial structures. Items that require special handling shall be
removed to a State and/or Federal approved landfill .
CEI RECORD
E
-HTARY
y ! Tg
Page 2 of 2
REF= Specifications
13. Confirm the demolition site as well as the date and time of demolition with the
Code Enforcement Division of the City Services Department by contacting Gail
Baxter at 870-6321 , or Juan Mejia , at 870-6327 in advance of demolition work.
A representative from the Code Enforcement Division must be at each site before
demolition is started.
14. Clean and remove all debris, trash, unsightly and 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 will
submit to this office , an itemized bill , detailing the unit number , the price
per unit and an affidavit from the disposal site for verification of proper
disposal . Contractor will also submit receipts for each load of debris,
asbestos material and tires taken to the approved disposal site. Failure to
produce this affidavit will result in withholding of payment until the
affidavit is presented.
15. No payment will be made until the work covered by this contract is fully
completed and accepted by the Director of the City Services Department .
Unit No. 7
Exhibit "A"
CTT! of PM iIM , TEW
prevailisg Wge Ota for
STUT", MADUGI ARD vrrLm OOMSTlt1CI1m
Boo or 17, 1990
Effective Febradry 1, 1981
Classification bourly icetion laurly
kte Sete
Air Tool Man $4.50 Scrapers (Over 170) 06.10
Asphalt Best eeasa 04.90 Tractor (Crawler Type) 190 ST
Asphalt Raker 03.95 sad Less 13.50
Asphalt Shoveler 04.50 Tractor (Crawler Type) Over 150 V 16.00
Retching plant Sealeaan 16.00 Tractor (Fneuastie) 00 Q 6 Less 14.75
Carpenter Sough 06.48 Tractor (paaosetie) Over 3o or 15.55
Carpenter 941per. South 15.00 Traveling Mier 15.33
Concrete Finisher (paving) 06.45 Trenching Machine, Light 13.00
Concrete Finisher ■elper 15.25 Trenching Machine, Reevy 16.50
Concrete Finishes (Stro.) 06.30 Wagon-Drill or boring Machine or
Concrete Finisher 41per (Stye.) $4.90 poet Sole Driller Operator 15.00
Electrician 19.00 binforcisS Steel Setter (paving) 15.00
SlactriciaD 41per, Seaior 06.30 Reinforcing Steel Setter (Stye.) 15.75
Slactriciss Salper. Junior 15.00 Reinforcing Steel Setter Relper 14.75
Fon builder (Stro.) 16.00 Steel Yorker (Structural) 04.75
lora Suildor 41per (Stro.) 13.00 Dreoper 04.00
Rom Liner (pvs. 6 Curb) 16.00
Sam getter (Fvs. 6 Curb) 05.60
Peru Setter Relper (Ns. 6 Cerb) 04.75 � RR>VZUI
See, Setter (Stro.) 06.00
Pon Setter Relper (Stro.) $6.85 Mrgle Anile. FMK 04.60
Laborer, lbonson 14.00 Oyagle dale. mom 13.23
taboret, Utility Man 04.96 Hondas tale er Mai-!toiler 13.25
Mtcbmie 16.33 &0*0741eet $5 GS
Ovebmit Relper 05.23 Teseeit OR .15.23
Oiler 13.50 Wafted 13.00
Servicadan 05.55 Welder $6.So
P40 Layer 13.65
pipe Luer Selper 04.75
porrderasa 05.70
POWn X&IlMDti OFSATM:
Asphalt Distributor 06.00
Asphalt paving Uaehise 06.23 -_
Brom or Sweeper Operator `4.30
Selldoser, 150 Q 6 Lase 03.50
Snlldoser. Over 1500 06.90
Concrete paring Coring Machine 03.13
Concrete Taring Finiahiag Machine 13.50
Coecrets paving Longitudinal Flost 15.00
Concrete paving Sar 03.30
Concrete paving Spreader 03.30
Crena. Clrahell, 4ckhoe, Derrick,
Draglise. Shovel (Less tbas A CT) 06.00
Crone, Clarholl, 4ckhoa, Derrick,
Drsgllse. Skovel U% CT 6 Over) 06.10
Fe+asdation Drill Operator. _
Crawler Mounted 07.75
lomdatiso Drill Operator Oalper 06.66
treat Sad leader (2& CT dad Less) IS."
lsoet Sad leader (over * Q) 06.90
Bout (over 2 Drs) 03.33
lftsor (Coaerste laving) 17.00
Rbter Grader Operator Fibs 8t o 07.M
SSvtor lsadsr Operator 03.ts
truer. Steel Wheel Rlmt-tis-
t Tawasts) 03.03
Donor, Steel WMel (OtDer Flsto6ml
K TipSeg) 03.15
Seller. lnauastu Self-propelled
Sesapsro (17 CT or Less) 03.xD
AFFIDAVIT
I hereby certify that (Contractor)
has delivered waste to (Landfill) ,
and that this landfill is a properly permitted, State licensed disposal site.
Texas Department of Health Permit Number
DATE LANDFILL REPRESENTATIVE
ALL WEIGH TICKETS MUST BE PRESENTED WITH THE AFFIDAVIT.
DATE RECEIVED B D ENFORCEMENT
s= [ CERTIFICATE OF INSURANCE Inseam
-----------------------------------------------------------------------------
1PRODUCER J ====== J COMPANIES AFFORDING COVERAGE J =====
-
I 1 = JCOMPANY A : AMERCIAN STATES INS. J ======_
JMilrany Scott Ins . Agency Inc . J Policy # : WC 312885-1
13200 Riverfront , 4101 J Eff . Date : 03/16/91 Exp. Date: 03/16/92
1Ft . Worth, TX 76107-6511 J = JCOMPANY B :
J (817 ) 336-0505 1 Policy 4 :
J ------------------------ J Eff . Date: / / Exp. Date:
[ INSURED J = JCOMPANY C :
1 J Policy 4 :
1 J BRIGGS AND SONS WRECKING 1 Eff . Date : / / Exp. Date:
i 7512 DAVIS STREET J = JCOMPANY D:
i FORT WORTH , TEXAS 76118 1 Policy 4 :
1 1 Eff . Date : / / Exp. Date:
-----------------------------------------------------------------------------
THIS CERTIFICATE IS ISSUED AS INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH
CERT . HOLDER. IT DOES NOT AMEND, EXTEND OR ALTER COVERAGE BY POLICIES HEREI
COVERAGES 1 ---___-------------
This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period
' indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the insurance afforded by the policies described herein is subJect to all the terms,
exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.
-----------------------------------------------------------------------------
i 1CoJ TYPE OF INSURANCE 1 All limits in THOUSANDS
[ ----------------------------------------------------------------------------
[ J GENERAL LIABILITY 1 $ General Aggregate
1 J [ Comm. General Liability 1 $ Products/CompOps Aggregate
J J [ Occurrence [ ) Claims Made 1 $ Personal /Advertising Injury
J Jr. I Owners/Contractor Protective 1 $ Each Occurrence
J J [ J $ Fire Damage (any one fire)
1 [ [ ] J $ Medical Expense (one person )
1 --+----------------------------------+---------------------------------------
1 J AUTOMOBILE LIABILITY
1 1f 1 Any Auto J $ Combined single limit
1 1 [ All Owned Autos J Bodily Injury and Property
1 1 [ ] Scheduled Autos 1 Damage
1 1f ] Hired Autos 1
1 1f I Non-owned Autos J $ Bodily Injury (per person)
J 1 [ ] Garage Liability J $ Bodily Injury (per accident )
1 1f ] 1 $ Property Damage
1 --+---------------------------------+----------------------------------------
1 i EXCESS LIABILITY 1 $ Each Occurrence
1
Ir 1 Umbrella Form J $ Agar-egate
1
if 1 Other than Umbrella 1 $ Self-insured retention
1 --+---------------------------------+----------------------------------------
JA 1 WORKERS COMPENSATION 1 $ 100 Each Accident
1 1 AND J $ 500 Disease Policy Limit
1 [ EMPLOYERS LIABILITY 1 $ 100 Disease Each Employee
1 --+---------------------------------+---------------------------------------
1 J $
J 1 1 $ I
$
i1 ---------------------------------------------------------------------------- {
1Description of operations/locations/vehicles/other
J
( -- ) CERTIFICATE HOLDER 1 -------------- J CANCELLATION J -----------_----------_
1 CITY OF FT. WORTH CODE ENFORCEMENT ) If cancelled prior to expiration date,
DIVISION ATTN: GAIL BAXTER J issuing company will endeavor to send
1 1000 THROCKMORTON 1 10eeI47s wri en notice to cert. holder .
1 FORT WORTH , TX. 76102 i - ,.. . ..R..... -- ___---------------
�� , -
City of Fort Worth, Texas
Mayor and Goin Communication
DATE 7EFERENCE NU B TEWNANE
PA E
11/19/91 G-9392 21SUBSTA 2 of 3
SUBJECT DEMOLITION OF SUBSTANDARD STRUCTURES AT 16 LOCATIONS BY MULTIPLE VENDORS FOR
CITY SERVICES DEPARTMENT
10. 1263 New York Avenue
11. 510 Parkdale Avenue
12. 2709 Avenue E
13. 3642 North Littlejohn Avenue
14. 2001 Schmidt Street
15. 3504 East Lancaster Avenue
16. 2005 Sixth Avenue
BID TABULATION:
Bidder Amount Bid
1. Howard Darby dba
Dyn-o-mite Demolition $42,776.00
Dallas, Texas
2. Calvin Sims dba
Calvin Sims Excavating and Wrecking $39,490.00
Fort Worth, Texas
3. Briggs and Son Wrecking Co. , E, .D. Briggs $44,092.00
Fort Worth, Texas
4. Action Excavating Corp. , Inc. $47,425.00
Saginaw, Texas
5. Joe Adams and Son, Inc. $69,700.00
Fort Worth, Texas
6. Brown Excavating Co. , Inc. $46,562.00
Fort Worth, Texas
All terms are net and bid tabulation is attached.
Bid invitations were mailed to thirty-five prospective bidders and nineteen vendors did
not respond. Bid was advertised in the Fort Worth Star-Telegram on October 17 and
October 24, 1991.
City of Fort Wortk Texas
:..Mayor and Council Comnsunication
DA R NUMBER L N PA
11/19/91 G-9392 21SUBSTA 1 of 3
SUBJECT DEMOLITION OF SUBSTANDARD STRUCTURES AT 16 LOCATIONS BY MULTIPLE VENDORS FOR
CITY SERVICES DEPARTMENT
RECOMMENDATION:
It is recommended that the City Council :
1. Confirm that each structure listed herein is substandard and a nuisance, and
2. Authorize contracts for demolition of structures for the City Services Department
on the low bid per unit basis as follows:
1 . Howard Darby dba
Dyn-o-mite Demolition $10,362.00
Units 1 ,6,8, 13, 15, 16
2. Calvin Sims dba
Calvin Sims Excavating and Wrecking $9,590.00
Units 4,5,10, 11 , 12
3. Briggs and Son Wrecking Co. , E. D. Briggs $9,220.00
Units 2,7,14
4. Action Excavating Corp. , Inc. $8,597.00
Units 3,9
Total amount not to exceed $37,769.00 f.o.b. , Fort Worth, Texas, and
3. Authorize a lien be filed against each property to cover the cost of demolition
and administration.
UNIT DESCRIPTION
1. 1506 North Houston Street and Rear
2. 1815 Lincoln Avenue
3. 716 South Jennings Avenue
4. 928 Travis Avenue
5. 2249 Alston Avenue and Rear
6. 2947 College Avenue and Rear
7. 3009-11 South Adams Street
i
8. 3309 James Avenue
9. 1200 East Broadway Street
Pika,ncyd.o POW
d
i City of Fort Worth, Texas
.Mayor and Council Comnuinkation
DATE 11/19/91 1 REFERENCE NUMBER G-9392I LOG NAME 21SUBSTA PAGE 3 of 3
SUBJECT DEMOLITION OF SUBSTANDARD STRUCTURES AT 16 LOCATIONS BY MULTIPLE VENDORS FOR
CITY SERVICES DEPARTMENT
COMMENTS ON SPECIFICATIONS:
Specifications required vendor to demolish structures and to remove all debris, trash,
unsightly and objectionable matter from the demolition premises to a state licensed or
properly permitted landfill site. The bid specifications also provided that each
location would be awarded based upon the low bid for that particular location.
DISCUSSION:
The Minimum Building Standards Code (Chapter 7, Article IV, Fort Worth City Code)
provides civil proceedings for the repair or demolition of substandard structures in
the City of Fort Worth. The Code Enforcement Division has been unable to obtain Code
compliance for the structures listed. The Building Standards Commission has heard each
case and has tried to work with the property owners toward rehabilitation, or voluntary
removal , but the owners continue to delay abatement of the substandard condition. The
Commission has ordered that each of the structures be demolished in accordance with
Section 7-122 of the Code of the City of Fort Worth. Final approval by the City
Council is now required in order to demolish the structures and remove debris from the
lots.
Property owners and lienholders have been notified that the Housing Official will
recommend that the City Council award demolition contracts during the regular meeting
on November 19, 1991.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the funds required for these contracts
are available in the current operating budget, as appropriated, of the General Fund.
Fiscal Services Department is responsible for collection of funds due the City under
this agreement.
BQN - 91-2839 PD
RG:k
Submitted or City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: to
Ramon Guajardo 6143 �•Originating Department Head:
Tom Davis 6300 rom
GGO1 539120 0214002 $37,769.Ocy
For Additional Information
Contact: --
Tom Davis 6300
,... .. tea=
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