HomeMy WebLinkAboutResolution - 6591 - Contract - Matthews Backhoe Inc - Emergency Demolition, 2002 5Th St - 10_28_1999Resolution No. 6591
Oct. 28, 1999
Item No. 32
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract for Emergency
Demolition at 2002 5th Street, by and between the City of Lubbock and Matthews
Backhoe, Inc. of Lubbock, Texas and related documents. Said contract is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this 28th day of October , 19 99 .
WINDY S11WON, MAYOR
ATTEST:
1�aylj Darnell, City Secretary
APPROVED AS TO CONTENT:
Victor Kilman, PurAlasing Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
gs:ccdocs/Matthews Backhoe, Inc.res
October 19, 1998
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Resolution No. 6591
Oct. 28. 1999
Item No. 32
DEMOLITION, SEALING AND CLEARANCE CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK
This tr's entered into between the City of Lubbock, hereinafter called "City", and
., hereinafter called "Contractor", for the demolition of
substandard structures, r the sealing of substandard structures, or the clearance of the lot,
including the removal of rubbish and debris within the City of Lubbock.
WHEREAS, the City by ordinance dated October 20, 1997, has granted the authority to
the Structural Standards Commission, hereinafter called "SSC" to order that certain structures
which fail to meet the City's Structural Standards Code are to be repaired, removed, or
demolished by the owner within a certain time period; and
WHEREAS, the SSC having found thei�r ises ocated at aQpa -,'j �=� �� and
more particularly described as Blk Addition to the City of
Lubbock, Lubbock County, Texas, to be dilapidate , substandard and unfit for human habitation
and has issued an order dated July 13, 1999 for the structure to be repaired, removed or
demolished; and
WHEREAS, the owner of the above stated property has failed to comply with said order;
and
WHEREAS, the SSC has delegated the authority to carry out the terms of said order to
the Environmental Inspection Department.
NOW THEREFORE, the parties do hereby agree and covenant as follows:
Sf I. SCOPE OF SERVICE
Contractor does hereby agree that Contractor, will perform services at the property
located at in exchange for the consideration expressed herein. Contractor
agrees to perform the following acts marked by an the
1. demolish all substandard structures located on the above described
premises and remove said structures, their components, materials and
residue;
F-12. seal and secure all substandard structures located on the above described
premises and remove all materials and resources;
n3. remove building materials due to incomplete demolition or materials
discarded on above described premises;
04. remove all weeds, noncultivated vegetation and all trash, garbage and
similar waste materials;
[�5. fill all man-made excavations with approved fill matter; and
�6. level the lot to proper drainage grade.
N
F17. Abate and remove all asbestos contained on the property in accordance
with all applicable Federal, State and Local Laws.
F18. Plug and cap well pursuant to the standards set forth in 30 §TAC 238.49.
II. PERFORMANCE OF SERVICE
It is understood that the dangerous portions of the building will be leveled immediatel
with all other provisions of this Contract will be performed and completed withinqmutm (le
It
working days from the signing of this Contract. It is further understood that the work by
Contractor will be done in a good and workmanlike manner. This shall be construed to include,
but not be limited to, the following covenants:
1. Protection shall be provided to pedestrians in sidewalk areas during the
demolition as required by Chapter 44 of the Building Code of the City of
Lubbock;
2. All utilities shall be properly disconnected, including electricity, water, gas and
sewer;
3. All trash and rubbish are to be removed from the adjacent alleyway and disposed
of pursuant to City Ordinance requirements pertaining to trash and removal.
Days of inclement weather shall be counted as working days; however, the Codes Administrator
or his duly appointed assistant may, at his discretion, grant extensions to Contractor, if, in his
opinion, the weather warrants same. Should Contractor fail to complete the services within the
time allotted, City reserves the fight to hire a substitute Contractor following notice to the
original Contractor In such event, the original Contractor shall not receive payment for services
partially rendered.
III. CONSIDERATION
The sole consideration for the above covenants and agreements shall be right of
2
ntractor to all salvagea mat rial . removed from the lot, plus
DOLLARS ($ p°-- Contractor
ackno ges and confesse a sufficiency of such consideration. If i�ssly understood
that Contractor is to acquire no interest whatsoever in the realty itself.
iIVAW IJ-19 ��140,
Contractor shall procure and carry at its sole expense throughout the life of this Contract,
insurance protection for both Contractor and City. The City is to be named as an additional
insured on each policy, and a copy of such endorsement must be attached to each Certificate of
Insurance. Such insurance shall be carried with an insurance company licensed to transact
business in the State of Texas and shall cover all operations in connection with this Contract.
Required minimum liability limits as follows:
A. COMPREHENSIVE GENERAL LIABILITY -- In an amount not less than FIVE
HUNDRED THOUSAND DOLLARS ($500,000) combined single limit,
including bodily injury, accidental death and property damage.
DEMOLITION, SEALING, AND CLEARANCE CONTRACT
PAGE-2
M.
C.
AUTOMOBILE INSURANCE -- In an amount not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,000) combined single limit, including bodily
injury, accidental death and property damage.
INSURANCE - To cover all employees on the job with Employer's Liability of at
least FIVE HUNDRED THOUSAND DOLLARS ($500,000). This requirement
may be waived by execution of an Affidavit which certifies that Contractor has no
employees.
Before work is commenced, Contractor shall submit to City for approval two (2)
Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the
insurance company. The Certificate of Insurance must include:
A. The name and address of the insured.
B. The City named as an additional insured.
C. The name of the policy & type or types of insurance in force thereunder.
D. Commencement and expiration dates of the policy and the limits of liability
thereunder.
E. A provision that the policy may be canceled only by mailing written notice to the
named insured at the address shown on the policy.
F. A provision that written notice shall be given to City ten (10) days prior to any
change in or cancellation of the policies shown on the certificate.
If Contractor does not obtain the described insurance, or if owner is not furnished at the
time specified with the requisite insurance certificates, or if the described insurance is terminated,
altered, or changed in a manner not acceptable to City, this Contract may be terminated
immediately by City.
V. LIABILITY
Contractor shall indemnify and hold harmless, to the fullest extent permitted by law, city
and city's respective officers, employees, elected officials and agents, from and against any and
all losses, damages, claims or liabilities, of any kind or nature, which arise directly or indirectly,
or are related to, in any way, manner or form, the activities contemplated hereunder, or the
omission of the activities contemplated hereunder, including, but not limited to, losses, damages,
claims or liabilities arising from or related to, in any way, manner or form, the act or omission of
third parties and/or caused or contributed to, in any way, manner or form, by the negligence or
fault of the city, its respective officers, employees, elected officials and/or agents. Contractor
further covenants and agrees to defend any suits or administrative proceedings brought against
city and/or city's respective officers, employees, elected officials and/or agents on account of any
such claim, and to pay or discharge the full amount or obligation of any such claim incurred by,
accruing to, or imposed on city, or city's respective officers, employees, elected officials and/or
agents, as applicable, resulting from any such suits, claims and/or administrative proceedings or
any matter resulting from the settlement or resolution of said suits, claims and/or administrative
proceedings. In addition, contractor shall pay to city, city's respective officers, employees,
DEMOLITION, SEALING, AND CLEARANCE CONTRACT
PAGE-3
elected officials and/or agents, as applicable, all attorneys' fees incurred by such parties in
enforcing contractor's indemnity in this section.
City, and its respective officers, employees, elected officials and agents, shall not be liable, and
contractor hereby releases city, and its respective officers, employees, elected officials and
agents, for, from and/or against any losses, damages, claims or liabilities to contractor, on any
theory of legal liability, including, but not limited to the negligence, of any type of degree, or
fault, of city, arising from or related to, in any way, manner of form, the unenforceability or
voidance, for any reason, of all or any part of this agreement.
The indemnity and release provided herein shall survive the termination or voidance of this
agreement.
VI. ENTIRE AGREEMENT
No verbal agreement or conversation with any officer, agent, or employee of the City, either
before or after the execution of the Contract, shall effect or modify any of the terms or obligations
contained in this Contract. Any modifications of this Contract will be effective only if it is in
writing signed by the party to be charged. However, a landfill fee adjustment .will be made by the
Codes Administration Department if landfill fees change between the time of the bid and time of the
actual execution of the Contract.
VII. ASSIGNMENT
Contractor shall not assign this Contract without prior written consent of the City.
VHI. RELATIONSHIP OF THE PARTIES
The parties intend that the Contractor, in performing the specified services, shall act as an
independent contractor. Contractor is not to be considered and agent or employee of the City and is
not entitled to participate in any pension plans or other benefits that the City provides for its
employees.
IX. COMPLIANCE
Contractor will secure all permits required to perform the described duties, and will
comply with all applicable worker's compensation, employer's liability, and other federal, state,
county, and municipal laws, ordinances, rules and regulations, including, but not limited to the
following:
A. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Contractor shall take
affirmative action to ensure that applicants for employment are employed, and that during
employment, employees are treated without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to. the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
B. Contractor shall post in conspicuous places, available to employees and applicants
for employment, notices to be provided by Contracting Officer setting forth the provisions of this
DEMOLITION, SEALING, AND CLEARANCE CONTRACT
PAGE-4
nondiscrimination clause. Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national origin.
C. Contractor shall comply with the Americans with Disabilities Act of 1990 and
shall not discriminate against a qualified individual in regard to job application procedures, the
hiring, advancement, or discharge of employees. employee compensation, job training, and other
terms, conditions, and privileges of employment.
D. Contractor shall incorporate the foregoing requirements in all subcontracts.
X. CONTRACTOR ERROR
Contractor agrees that it will be responsible for any errors or omissions it makes in carrying
out the terms of this Contract, including but not limited to the demolition of incorrect structures. In
such cases of Contractor error, Contractor agrees that it shall bear the costs alone. Contractor agrees
that the costs of said errors in billing may be subtracted from any future monies that may be owed
by the City to Contractor.
XI. TERM
This Contract shall become effective immediately upon execution and shall be effective
until ai&& + K, M 1 or upon violation of any other terms contained herein.
MI. CITY POLICY
Contractor agrees to abide by all terms and condition of the City's policy on demolition
of structures as established by the Environmental Inspection Department or any related City
policy. Said policy is incorporated in this Contract as if fully set forth herein.
XIII. COMPLIANCE WITH LAW
Contractor agrees to abide by all applicable Federal, State, and Local laws, statutes,
regulation, and ordinances, including, but not limited to all applicable laws related to asbestos and
other hazardous materials, and proper disposal of all materials.
XIII. TERMINATION
Either Party may terminate this Contract for any reason upon thirty (30) days notice. The
City may terminate this Contract immediately upon violation of any terms of this Contract or for
cause, which includes, but is not limited to, fraudulent submittal of incorrect billing information,
failure to abide by the scope of services set forth in this contract, refusal to perform wok at the
contract price, and failure to abide by City policy on the demolition of structures. Contractor agrees
that if termination for cause occurs, that such factors may be cause for the City's refusal to enter
into any future Contract with Contractor.
XIV. EXECUTION
This Demolition, Sealing, and Clearance Contract has been executed in duplicate, one (1)
copy to be retained by City, and one (1) copy by Contractor, receipt of a copy of which is hereby
acknowledged.
DEMOLITION. SEALING, AND CLEARANCE CONTRACT
PAGE-5
Both parties agree that they have received a copy of this Contract, have read and understood
each and every term in the Contract, and that they have conferred with counsel as to any matters to
which they have any questions as to the effect and meaning of any such provisions of this
Demolition, Sealing, and Clearance Contract, and that they fully understand this Contract.
XV. EFFECTIVE DATE
This Demolition, Sealing, and Clearance Contract shall become effective immediately upon
execution.
Q
WITNESS this the �M day of �C Ji , 192?
CITY OF LUBBOCK:
A0 i - "�Zo
City:
Title:
_bB A iuSOK) i %AwA&EX E S
ENvIRofJMEk A ]�jaS EC1tpN ktltCES
APPROVED AS TO FORM:
/& h-4'�
William de Haas
Competition & Contracts Manager
ADDRESS:
07
L.�6bv c�, /X 7 f �S2_
CITY OF LDBBOCK-
WINDY SI ,Mayor
DEMOLITION, SEALING, AND CLEARANCE CONTRACT
PAGE-6
CITY OF LUBBOCK
MEMO
TO: Legal Department DATE: October 19, 1999
FROM: Victor Kilman, Purchasing Manager
SUBJECT: Request for Legal Services
1. Request for Legal Services (please be specific): Resolution authorizing the Mayor to
execute for and on behalf of the City of Lubbock a Contract for EMERGENCY
DEMOLITION AT 2002 5TM STREET, attached herewith, by and between the City of
Lubbock and MATTHEWS BACKHOE, INC. of LUBBOCK, TEXAS and any associated
documents, which Agreement shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
2. Do you desire an initial conference with an attorney on your request? No.
3. Phone number where you may be reached for follow-up on this request. Ext. 2168
4. Background information (please state any background information which will assist the
attorney in handling your request):
5. Documentation (please state any document that concerns this request and attach a copy
of it to this request if possible): PWC #99263
6. EMERGENCY STATUS (I hereby request that this matter be handled as an emergency
and given expedited consideration by the Legal Department for the following- reasons):
7. Desir d completion date: October 20.1999
Signature:
RECEIVED BY LEGAL:
RECEIVED BY ATTORNEY:
Anticipated Completion Date: �+�°e*/ r%
Actual Completion Date:
OCT 1 91999
V r e Y P, li li 11 Ca Srr
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