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HomeMy WebLinkAboutContract 16862 ^ tI (CITY SECRETARY CONTRACT" ✓V L��� THE STATE OF TEXAS ; KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT i That this agreement made and entered into this the day of A.O. 19 by and between the CTty of Fort Worth, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified electorate within said City on the llth day of December, A.D. 1924, under the authority vested in said electorate by the "Home Rule" provision of the Constitution of Texas, and in accordance with a resoultion duly passed at a regular meet- ing of the City Council of said City, and the City of Fort Worth being here- inafter termed "City" and *Midwest Wreckine Company hereinafter called 'Contractor". WITNESSETH: That for and in consideration of the payments and agreements herein- after mentioned to be made and performed by the City, 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 himself to commence and complete the demolition and removal of certain structures on the premises described as follows: Unit 20 and 48 as described in M&C P-3066 dated December 19RR any specifications Exhibit "A" attached to and forming a part of this con act"_ 2. That the Contractor shall operate hereunder as an independent contractor as to all rights and privileges herein contained, and not as an agent, repre- sentative, servant or employee of the City; that the doctrine or respondeat 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 joint enterprise between the City and the Contractor. 3. That the work herein contemplated shall consist of the Contractor fur- nishing, as an independent contractor, all labor, tools, appliances and materials necessary for the demolition and completion of said project in accordance with the Plans and Specifications heretofore prepared by the Department of City Services of the City of Fort Worth and which plans and specifications are hereto attached and marked Exhibit"A° and made a part of this contract the same as if written herein. 4. The Contractor hereby agrees and binds himself 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. OFFICIAL RECORD CITY SECRETARY , FT. WORTH, TEX. 5. The Contractor kereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Director of the Department of City Services of the City of Fort Worth within a working days. 6. Should the Contractor fail to begin the work herein provided for with- in the time herein fixed or to carry on and complete the same according to the.trLe 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. 71 The Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims or suits for damages or injuries, includ- ing death, to persons or property, of whatsoever kind or character, whether real or asserted, arising out of, incident to, or in connection with, direct- ly or indirectly, the terns and conditions of this agreement, or the mainte- nance, use, occupancy, existence or location of said premises, whether or not caused by the City, its officers, agents, servants, employees, contractors or subcontractors; and the Contractor hereby assumes all liability and responsi- bility of the City, its officers, agents, servants, and employees for any and all claims or suits for damages or injuries, including death, to persons or property, of whatsoever kind or character, whether real or asserted, arising out of, incident to, or in connection with, directly or indirectly, the terms and conditions of this.agreement. or the maintenance, use, occupancy, exist- ence or location of said premises, whether or not caused by the negligence of the City, its officers, agents, servants, employees, contractors or subcon- tractors. 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 for in said specifications and in the ordinances and regulations of said City. 8. The Contractor agrees to furnish proof satisfactory to the City, that he has secured and paid for a policy of public liability insurance covering all public 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: Property damage, per accident $100,000.00 Bodily injury or death. per person 2_50,600.00 Bodily .injury or death, per accident 500,000.00 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, follow- ing notice to Contractor of such requirement. 9. Said City agrees and binds itself to pay, upon completion and accept- ance by the City, and the said Contractor agrees to accept in full payment for all of the aforesaid work, Two Thousand Five Hundred Sixty Dollars and No/100------------------------------ ,o ars 2,560.00 , and for all ad- ditions thereto or deductions therefrom, the price shown on the proposal submitted by the successful bidder hereto and attached and made a part hereof. 10. It is further agreed that the performance of this contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Con- tractor 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 him, or by any subcontractor under him. 12. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing federal laws and statutes, the Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas, with reference to the governing of all matters af- fecting this contract, and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through i_nthq.e counterparts. Done in Fort or , Texas, this the day of A.D. 19 . ATTEST. CITY OF FORT WORTH By��L�er _ "City ecretary ity Manag APPROVED AS TO FORM AND LEGALITY City Attorney . Midwest Wrecking Company Contractor B 14 Jimmy . Anderson, Vice-President P. 0. Box 161819 Contract Author}"z tion a—� / Fort Worth, Texas 76161 / �5o Address 589-7062 Date SPECIFICATIONS Specifications attached to and forming a part of a contract. between Midwest Wrecking Company and the City of Fort Worth for the demolition and removal of a one story 960 sq. ft. frame dwelling located at 2010 Avenue D 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 work as specified. 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. 1. Demolish the building structure(s). 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 foundations. 4. Remove anv dead trees, dead shrubs and all high weeds and grass from the lot including the right of way and the' alley. Remove all badly damaged or rotted fences. 5. Plug sewer opening with concrete. 6. The contractor shall 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 all low areas filled to prohibit the pooling of water. i 9. Sweep dirt and debris from sidewalk and street, that has accumulated during the loading. I 10. The contractor shall 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. 11. Contractor shall 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 iob, 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. Failure to produce this affidavit will result in withholding of payment until affidavit is presented. 12. 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. 20 Exhibit "A" SPECIFICATIONS Specifications attached to and forming a part of a contract between Midwest Wrecking Company and the City of Fort Worth for the demolition and removal of a one story 630 sq. ft. frame dwelling located at 2623 La Salle 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 work as specified. 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. 1. Demolish the building structure(s). 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 foundations. 4. Remove anv dead trees, dead shrubs and all high weeds and grass from the lot including the right of way and the -alley. Remove all badly damaged or rotted fences. i 5. Plug sewer opening with concrete. i 6. The contractor shall 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 all low areas filled to prohibit the pooling of water. 9. Sweep dirt and debris from sidewalk and street, that has accumulated during the loading. 10. The contractor shall 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. 11. Contractor shall 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. Failure to produce this affidavit will result in withholding of payment until affidavit is presented. 12. 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 N0. 48 Exhibit "A" 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 BY CODE ENFORCEMENT CITT OF FORT NORTH, TEZAS Prevailing Wage Rates for STREETS, DRAINAGE AND UTILITY CONSTRUCTION November 17, 1980 Effective February 1, 1981 Classification Hourly Classification Hourly Rate Rate Air Tool Nan $4.50 Scrapers (Over 17CY) $6.10 Asphalt Heaternan $4.50 ?factor (Crawley Type) 150 HP Asphalt Raker $5.95 and Less $5.50 Asphalt Shoveler $4.50 Tractor (Crawler Type) Over 150 HP $6.00 Batching Plant Scalsaum $6.00 Tractor (Pneumatic) 80 ESP 6 Less $4.75 Carpenter Rough $6.40 Tractor (Pneumatic) Over 80 HP $5.55 Carpenter Helper, Rough $5.00 Traveling Mixer $5.35 Concrete Finisher (Paving) $6.45 Trenching Machine. Light $5.00 Concrete Finisher Helper $5.25 Trenching Machine, Heavy 06.50 Concrete Finisher (Stra.) $6.30 Wagon-Drill or Boring Machine or Concrete Finisher Helper (Stra.) $4.90 Post Hale Driller Operator $5.00 Electrician $9.00 Reinforcing Steel getter (Paving) 05.00 Electrician Helper, Senior $6.30 Reinforcing Steel getter (Stre.) 05.75 Electrician Helper, Junior $5.00 Reinforcing Steel Setter Helper 44.75 Form Builder (Stra.) $6.00 Steel Worker (Structural) $4.75 Form Builder Helper (Stra.) $5.00 Swampar $4.00 Form Liner (Pvg. L Curb) $6.00 Form Setter (Pvg. i Curb) $5.80 Form Setter Helper (Pvg. L Curb) $4.75 TRUCK. DRIVERS: Fora Setter (Stra.) $6.00 Form Setter Helper (Sire.) $4.83 Single Azle, Light $4.00 Laborer. Common $4.00 Single Azle, Heavy 05.25 Laborer, Utility Man $4.50 Tandem Axle or S -Trailer $5.25 Mechanic $6.55 Lowboy-Float $5.65 Mechanic Helper $5.25 Transit Mix .$5,V5 Oiler $5.50 Winch $5.00 Serviceman $5.35 Welder $6.50 Pipe Layer $5.65 Pipe Layer Helper $4.75 Powder== $5.70 POM vMIPMERT OPERATORS: Asphalt Distributor $6.60 Asphalt Paving Machine $6.25 Broom or Sweeper Operator $4.50 bulldozer, 150 HP b Less $5.50 Bulldozer. Over 150 HP $6.20 Concrete Paving Curing Machine $5.25 Concrete Paving Finishing Machine $5.50 Concrete Paving Longitudinal Float $5.00 Concrete Paving Saw 65.50 Concrete Paving Spreader $5.50 Crane. Clanshell, Backhoe, Derrick, Dragline, Shovel (Less than III CY) 06.00 Crane, Clagsshell, Backhoe, Derrick. Dragline, Shovel (leg CY 6 Over) 06.90 Foundation Drill Operator, Crawler Mounted $7.75 Foundation Drill Operator Helper $4.60 Front End Loader (2h CY and Less) $5.60 Front End Loader (Over 2h CY) $6.50 Hoist (Over 2 Drums) $5.50 Mixer (Concrete Paving) $7.00 Motor Grader Operator Fine Grade $7.00 Motor Grader Operator $6.25 Holler, Steel Wheel (Plant-4Ziz- Pav ts) $5.95 Roller, Steel Wheal (Other Flatwheel or Tamping) $5.15 Holler, Pneumatic Self-Propelled 05.35 Scrapers (17 CY or Lass) $5.00 ® II ® CERTIFICATE I ISSUE DATE(MM/DD/YY) PRODU _.:.. 0 9/2 0/8 S s —� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW HOWELL-STONE INSURANCE , INC . ---- - f� _._. P . 0. Box 888 COMPANIES AFFOG COVER Edmond , Oklahoma 73083 COMPANY LETTER A CODE SUB-CODE -"United- S e s-- �e�19 , -- --Gu ar an y COMPANY B S7 INSURED LETTER ) � COMPANY c LETTER r`� _ __ ]1p - __..__._- CJ MIDWEST WRECKING COMPANY OF TEXAS'---- - ----------- •----------1�� .� P . 0. B o x 161819 LETTERNY D F t . Worth , Texas 76161 _."._ .._ __.___. .__.._-- ._..._ __ " _.""____ COMPANY E LETTER t s`COVERAGES ; THIS IS TO CERTIFY THAT THE 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 j 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. :CO` TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE:POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) ', GENERAL LIABILITY GENERAL AGGREGATE $ --- *1 C G 1114 9 5 5 710 0 9—1 8 8 8; 9-18 8 9 l PROD UCTS-COMP/OPS AGGREGATE $ -1 0 0 0—"" COMMERCIAL GENERAL LIABILITY R._."-" -` cLA1MSMADI_ OCCUR .,*,Includes coverage for Broad Form - "-____.... .......... . __ _._ 1 "000- R. PERSONAL&ADVERTISING INJURY; $ - - --- g Property Damage , Personal Injury, --- - - -- - -- 1000 OWNER'S&CONTRACTOR'S PRO Property EACH OCCURRENCE $ A Blanket Contractual Liability, FIFiE�AMAGEtAwonetire) $. 1,000 ------_ --------.--- .____ -__..._ Independent Contractors and; p MEDICAL EXPENSE(Any one person)! $ -. AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT _..__ 1_ _000_ ALL OWNED AUTOS BODILY INJURY $ w X; SCHEDULED AUTOS (Per person) A~X= 1AB11149558200 9-18-8& 9-18-89>-- ___� HIRED AUTOS BODILY ' INJURY $ NON-OWNED AUTOS. (Per accident)' m _ _ X 4 GARAGE LIABILITY PROPERTY DAMAGE $ .- _ __._._ - _._ ------------- .______. _ GGRE ._......_ EXCESS LIABILITY !. EACH -; - A GAT- OCCURRENCE: OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ - (EACH ACCIDENT) AND _._ - ------- _.. $ (DISEASE POLICY LIt4II EMPLOYERS'LIABILITY ------ $ (DISEASE—EACH EMPLOYEE OTHER **THIS IS TO VERIFY THAT THIS :POLICY MEETS OF EXCEEDS THE REQUIRED LIMIT C Property Damage , per accident $100!,000. each person Personal injury or death, per person $100 ,000 . each occurrence DESCRIPTION OF OPEfe13BF!lslL� BANS/�IIJM§7FttST1%tTTIONbTSI91E& (iTEtFse"r a c"c"i d e n t $3'00'; ar .� J CERTIFICATE HOLDER CANCELLATION �M1� SHOULD ANY OF THE ABOVE DESCRIB ID PO IbIEb�FF i EQ BEFORE THE EXPIRATION DATE THEREOF, THE I;L,G ANY W,4L ENDEAVOR TO Attn : 0 0 V e 11 MAIL �� nnDAYS WRITTEN NOTICE TO f�TiFfC?11fL d 10LR FAMED TO THE CITY OF FORTH WORTH LEFT, BIJIVFAILURE TO MAIL StkCH f TCE SHALL IMP SE O OBLIGATION OR Environmental ' Control Division LIABILITY OF ANY KIND UPON T�E:COI\h NY,ITS AGENT EPRESENTATIVES. Fort Worth, Texas 76102 AUTHORIZED REPRESENTATNE 7I h / ACORD 25-S(3/88) ©ACORD COIRPO�ATION'1988 Fort Worth T-xas 4-,,- :ll�r f 1".3 'RAN SPORTATIONIP UBIIC WORMI(ilL((�/ and ®r a Council Communication A a rER AOMINIS1 RATION d �/ DATE REFERENCE SUBJECT: RESCIND CONTRACT AWARDED TO PAGE PURCHASING• : NUMBER 12-8-88 MICKEY MCELREATH CONSTRUCTION CO. ON 2 c�Tv sE4vrcesa **P-3066 H& P-2911 APPR(11/F(> SUMMER 1985� a or FIN.AN C E=i RECONHENDATION: It is r'ecoi,ilinended that the City Council : 1) Rescind Septe!nber 13 , 1988 (Pl&C 2911 ) contract awarded to Mickey NcElreath Construction Company. 2) Authorize and approve a contract For the demolition of structures for the City Services Department on the second low bid per item basis as follows: a. f-lidwest Wrecking Co!nuanv Item 20-2010 Avenue D 41,550.00 (Previous low bid $1,400.00) Item 48-2623 LaSalle 1,010.00 (Previous low bid $1,000.00) Total $2,560.00 (Previous low bid $2,400.00 total ) b. Wilbert Sugg Item 51-3214 Roosevelt $1,463.00 (Previous low bid $1,400.00) and Rear Iteln 52-4028 Lisbon 1,223.00 (Previous low bid $1,200.00) Total $2,686.00 (Previous low bid $2,600.00 total ) 3) Authorize a lien be filed against each property to cover the cost of demolition and administration; DISCUSSION: On September 13 , 1988 , (H&C P-2911 ) a contract was awarded to Mickey PlcElreatlh Construction for the demolition of substandard structures at five ( 5) locations. However, this contract was never executed by staff. Recision of the contract is necessary because the contractor failed to perform another contract with the City for similar work. With respect to Ite,ns 20 and 48, it is recommended that the second low bid- der, Hidwest Wrecking Company, be awarded the contract for demolition. With respect to Items 41 and 52 , it is recommended that the second low bidder, Wilbert Sugg, be awarded the contract for demolition . The contractors have been contacted and have agreed to honor their bids, which were submitted at the time the entire package was bid. Demolition work , in regard to the reiiiaining location, was held in abeyance, due to co!npliance by the property owner. - _ �p DATE REFERENCE SUBJECT: RESCIND CONTRACT AWAKUED TO PAGE NUMBER 12-8-88 **P-3066 MICKEY MCELREATN CONSTRUCTION CO. ON _-._ot._ 2._ —A RPROVE9 SEPTEHBER 13, 1988 FINANCING: Sufficient funds are available in the General Fund 01 , Account Number 21-40-02, City Services , Code Enforcement . This expenditure will be made from Index Code 224964. 0AI:c/6 BQN/88-06143/PD APPROVED BY CITY COUNCIL DEC 8 im City Secretary of the City of For. Wor'h,Texaq SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: Davy Ivory ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Judson Bailiff 8186 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Lynn Sorui el l 3357 1 1 DATE