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HomeMy WebLinkAboutResolution - 2460 - Contract - Hub City Pavers - Demolition, Coronado Apartments - 10/23/1986DWM: dw Resolution #2460 October 23, 1986 Agenda Item #30 BE IT RESOLVED BY TIME 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 between the City of Lubbock and Hub City Pavers, Inc., for demolition and clearance at Coronado Apartments, located at 1000 E. 29th Street, and more particularly described as Lot 2, Block 31 of the Coronado Addition in the City of Lubbock, Lubbock County, Texas, the contract is attached hereto, and 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. Passed by the City Council this 23rd day of October , 1986. '' 1g e-& 1111 11� B. C. McMINN, MAYOR ATTEST: Boyd, City Secretary Ellis, Codes Administrator APPFa7ASFORM: Dennis z -McGill, Assistant Civil Trial Attorney NOTICE TO BIDDERS BID .4 9128 Sealed proposals addressed to Gene Eads, Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 794.01, until 2:00 o'clock p.m. on the 3rd day of October, 1986, to furnish all labor and materials and perform all work for the construction of the following described project: DEMOLITION OF CORONADO APARTMENTS — 1000 E. 29TH STREET (SOUTH SIDE) Located on south side of East 29th Street between Juniper and Southeast Drive. Remove: Eleven (11) two—story apartment structures with flat roofs, brick walls on slabs, all asphalt paving, all concrete borders, all concrete walkways and all concrete curbing on the property not including public sidewalks and street curbing and driveway approaches. Remove: All fence posts, clothes line pasts, clothes line slabs, rubbish and weed growth. Remove: All concrete from swimming pool and fill totally with dirt, no concrete nor any building materials.* All grass and weed growth must be bladed down to the top of soil. Remove: Small shed of wood construction. Leave: Driveway approaches, public sidewalks and large healthy trees as feasible. There will be no dump fee at the City of Lubbock Landfill. *Considerable fill dirt will be required. After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. z=" It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the bids on the 23rd day of October, 1986, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject -to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 1000 of the total contract price in the event that said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 50 of the total amount of the bid submitted as a guarantee that bidder will enter• into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. � � The City Of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds Of race, color, sex, or national origin in consideration for an award. CITY OF LUBBOCK Btr:Ga� Ea- �--C.P.M--- Purchasing Manager DEMOLITION CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK That first party, City of Lubbock, desiring the demolition of the premises located at 1000 E. 29t6 Street (South Side) — Lot 2^ Block 31, Coronado Addition, City of Lubbock, Lubbock County, Texas, and second party, HUB _CITY PAVEB3, INC. a bonded demolition contractor, do hereby agree that second party will in exchange for the consideration expressed herein perform the following acts: 1~ Leave: Driveway approaches, public sidewalks and largo healthy trees as feasible. 2. Remove: Eleven (11) two—story apartment structures with flat roofs, brick walls on slabs, all asphalt paving, all concrete borders, all concrete walkways and all concrete Curbing On the property not including public sidewalks and street curbing and driveway approaches. 3. Remove: All fence posts, clothes line posts* clothes line slabs, rubbish and weed growth. 4. Remove: All concrete from swimming pool and fill totally with dirt, no concrete Dor any building materials.* 5^ Remove: All grass and weed growth must be bladed down to the top of soil~ 8^ Remove: Small shed of wood construction. There will be DO dump fee at the City Of Lubbock Landfill. *Considerable fill dirt will be required. It is understood that the provisions of this contract will be performed and completed within thirty (4341�ays of this date. It is further understood that the work by second party will be done in a good and workmanlike manner. This shall be construed to include, but not be limited to the following covenants: A. Protection shall be provided to pedestrians in sidewalk areas during the demolition as required by Chapter 44 of the Building Code of Lubbock. B. All utilities Shall be Properly disconnected, inoluding electricity, water~ gas, and sewer. C. Proper and adequate safeguards shall be provided to protect the general public, employees of second party and adjoining property. Second party specifically agrees to hold first party harmless for any injuries to persons or Property, occasioned during the performance of this contract which are attributable to negligence of first party to arise from a failure to honor this covenant; and, D. All trash and rubbish are to be removed from the adjacent alleyway and disposed of pursuant to City Ordinance requirements pertaining to trash removal. The sola consideration for the above covenants and agreements shall be the right of second party to all salvageable material removed from the lot, Plus Early thousacud. -and DOLLARS. Second party acknowledges and '' -confesses the sufficiency of such consideration. It is expressly understood that second party is to acquire no interest whatsoever in the realty itself. During the performance Of this contract, the contractor agrees as follows: I. The Contractor shell not discriminate against any employee or applicant for employment because of race, color, religion, sax, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed and t6at employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the folloWiDg� employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. The Contractor shall post in conspicuous plates, available to employees and applicants for employment, notices to be provided by Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will received consideration of employment without regard to race, color, religion, sax, or national origin. C. Contractors shall incorporate foregoing requirements in all subcontracts. IN WITNESS WHEREOF, the parties to these Presents have executed this agreement in __________ in the Year and day first above written. -- CITY OF LUBBOCK, TEXAS (OWNER) _ BY�_J��_�=��0�.- �A__ YOR ATTEST: - rowl 1p I �%_ APPROVED TO FORN: ----------------- ATTEST: creAtr y � t � ! ACTOR TLE. COMPLETE ADDRESS: HUB CITY -PAVERS, INC_______ 4505 22nd Place ------------------------ Lubbock,_TX MAILED TO VENDOR.- 9/24/86 CLOSE: 10/3/86; 2:00 P.M. BID # 9128 ADDENDUM # 1 PLEASE CHANGE THE FOLLOWING: 1. In the Demolition Contract, please change ". . contract will be performed and completed within thirty (30) days of this date." to ". . . contract will be performed and completed within ninety (90) days providing weather conditions are favorable for such work." 1UM. , . CITY OF LUBBOCK PURCHASING OFFIC PLEASE RETURN ONE COPY WITH YOUR BID BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE/000'lecS ��rY� Side 1 DATE PROJECT NO. Proposal of!mac_. -- - -- -- _--- --- - (Hereinafter called Bidder)- To the Honorable Mayor and City Council, City of Lubbock. Texas. (Hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the demolition of Coronado Apartments 1000 E. 29th Street (South Side) LEGAL DESCRIPTION Lot 2, Block 31, Coronado Addition, City of Lubbock, Lubbock County, Texas Leave: Driveway approaches, public sidewalks and large healthy trees as feasible. Remove:. Eleven (11) two-story apartment structures with flat roofs, brick walls on slabs, all asphalt paving, all concrete borders, all concrete walkways and all concrete curbing on the property not including public sidewalks and street curbing and driveway approaches. Remove: All fence posts, clothes line posts, clothes line slabs, rubbish and weed growth. Remove: All concrete from swimming pool and fill totally with dist, no concrete nor any building materials.* Remove: All grass and weed growth must be bladed down to the top of soil. Remove: Small shed of wood construction. There will be no dump fee at the City of Lubbock Landfill. *Considerable fill dirt will be required. having carefully examined the specifications, instructions to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the demolition of the proposed project including the availability of the materials and labor, hereby proposes to furnish all labor, materials and supplies; and to demolish the project in accordance with the specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is to be a' part, its as follows: /) /r / -=-� -Z�1_P e- 7--J'-OIL S�C0W _Zlc//adS LG GZG� All OG ----------------------------------- (s_QCs—--------- ) e ------------- T - (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Procee 5�f the Owner and to fully complete the Project within c(fe) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that the has visited the site of the work and has carefully examined the specifications and contract documents Pertaining to the work covered by this bid and he further agrees to commence work on or before the date specified in the written notice to Proceed, and to substantially complete the work on which he has bid: as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check forIcF --------------------------------------- — Dollars or Proposal Bond in the sum of -------------------- --------- 57E----- ---- Dollars $_-- ,.-_-----_____--------- ). which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if ands) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Ca #-rector ----------------- (Seal if Bidder is a Corporation) ATTEST 4erZTiry Comm 128 . in the uemoiition Uont„ract, please change ". contract ill be performed`and3completed within thirty {30) days of this to ". contract `will be' performed and completed within ineyichtwor90)� days providing we atherconditions'are' favorable for 0 y BID BOND BONDNUMBER........................................................................................ KNOW ALL MEN BY THESE PRESENTS: THAT ..........1ub City Pavers Inc. ........................................................................................................................................................... ............................................................................................................ of ....Lubbock? Texas..................................................................... ..................... as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto..... City... f Lubbock. Texas .................. as Obligee, in the full and just sum of .... give ..P.ercen..t of Bid Price (5%) .......... ................ ........................................................................................ Dollars, lawful money of the United States, for the payment of which sum, weVand truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for Demolition of Coronado Apartments, 1000 E. 29th Street (South Side) THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered ...October 3; 1986 (Date) Hub City..Pavers.....Inc.................. ......(SEAQ .... .... ............... .................................................................................................................. `� '........ ........F ......z✓ ' ....(SEAQ UNITED STATES FIDELITY AND GUARANTY COMPANY ....... .. • ............... ...........,.. J V. Shropshire, Jr A torney-in-fact Contract 11 (Revised) (1-74) t '"N 4 (CERTIFIED COPY) GENERAL POWER OF ATTORNEY No ............ 797 O.:- No............79? 35 .................. Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint John V. Shropshire,Jr. of the City of Lubbock , State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the, said UNITEDtlSTATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said John V. Shropshire, Jr. may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 22nd day of November . A. D. 1968 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By. Charles W. .Boone . .................. Vice -President. SF' ) (Signed) David L. Royer............................... Assistant Secretary. STATE OF MARYLAND, as: BALTIMORE CITY, On this 22nd day of November , A. D. 1968 , before me personally came Charles W. Boone Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David L. Royer , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and David L. Royer were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES _FIDELITY AND GUARANTY_ COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporaYaon; that the rne seal affixed to said Power of Attoy was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto,,by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19......... (SEAL) (Signed)Herbert J. Au 1.1 ............................................... Notary Public. STATE OF MARYLAND Set. BALTIMORE CITY, 1, Robert H. Bouse Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, i hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 22nd day of November , A. D. 19 658 (SEAL) (Signed) .......Robert H. Bouse............................... Clerk of the Superior Court of Baitimore Ci_ -y, FS 3 0-67) COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1 David M. Zngler an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to John V. Shropshire, Jr. of Lubbock, Texas , authorizing and empowering him to sign bonds as therein set forth., which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on October 3, 1986 (Date) Assistant Secretary.