Res 2738 3/17/1981RESOLUTION NO. 171/
RESOLUTION APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACTS FOR THE
DEMOLITION OF HAZARDOUS STRUCTURES AND THE
CLEARING AND CLEANING OF LOTS; PROVIDED THAT
NO CONTRACT SHALL EXCEED FIVE THOUSAND DOLLARS.
WHEREAS, in the City of Wichita Falls there exists, or
may exist, buildings or structures and other locations that
have been or may be deemed hazardous, substandard, or a public
nuisance; and,
WHEREAS, when a building, structure, or location has
been declared a public nuisance it should be removed without
unnecessary delay;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain contract form, a sample of which is attached
hereto, for the removal of declared public nuisances, is hereby
approved, and the City Manager is authorized to execute same
for the City of Wichita Falls. No contract executed shall
provide for a fee payable thereunder in excess of Five Thousand
5, 000) Dollars.
s/
PASSED AND APPROVED this the /7. C/day of 7..t-L ,-
1981.
71-#-C-7>
MAYOR
ATTEST:
Page 2 of 2 Pages
City Cle k Agenda Item No.
3- / i- 8/
CITY OF WICHITA FALLS,TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That this agreement made and entered into this the day of
A. D. 19 by and between the CITY OF WICHITA FALLS, a municipal corporation of
Wichita County, Texas, organized and existing under and by virtue of a special charter adopted by •
the qualified voters within said City on the 30th day of April, A. D. 1920, acting by and through its
City Manager, who is duly authorized so to act, hereinafter called the "City", parties of the first
part and hereinafter called
Contractor.
WITNESSETH: That said parties have agreed as follows:
1.
That for and in consideration of the Y danPaments agreements hereinafter mentioned to be
made and performed by the Owner, and under the conditions expressed in the bond bearing even
date herewith, the said Contractor hereby agrees with the said Owner to commence and complete
the project described as follows: Demolition of Buildings and Clearing and Cleaning of Lot at
2.
That the work herein contemplated shall consist of furnishing all labor,tools, appliances and
materials necessary for the completion of said project in accordance with the Plans and
Specifications heretofore prepared by the Public Works Department of the City of Wichita Falls and
adopted by the Board of Aldermen of said City, as an independent contractor, 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.
3.
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 Public Works Director of the City of Wichita
Falls.
4.
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 inspection and
approval of the Public Works Director of the City of Wichita Falls and the Board of Aldermen of
the City of Wichita Falls within a period of working days from the time
of commencing said work; that said contractor shall be entitled to an extension of said time for
doing said work for such time as he may necessarily lose or be delayed by unavoidable accidents
caused by unforeseen matters over which said contractor has no control, such as inclemency in the
weather, acts of Providence, labor strikes and delivery of materials, in all of which cases the
negligence or carelessness of the contractor not contributing to such delay.
5.
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 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.
6.
The contractor agrees to fully indemnify and save whole and harmless the city from all costs -
or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind
or character and in addition from any and all costs or damages arising out of any wrongs,injuries,
demands or suits for damages, either real or asserted, claimed against it that may be occasioned by
any act, omission, neglect or misconduct of the said contractor, his agents, servants, employees.
And the said contractor further agrees to comply with all ordinances and statutes of the City of
Wichita Falls 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 the ordinances and
regulations of said city.
7.
The contractor agrees, on the execution of this contract, and before beginning work, to
make, execute and deliver to said City of Wichita Falls, a good and sufficient surety bond for the
faithful performance of the terms and stipulations of the contract, including the exhibit attached
hereto and made a part hereof and such bond shall be 100 percent of the total contract price, and
the surety company shall be a surety company duly and legally authorized to do business in the
State of Texas and acceptable to the Board of Aldermen of the City of Wichita Falls.
8.
Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of
the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the
proposal submitted by the successful bidder hereto attached and made a part hereof,
9.
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 Contractor without the written consent of the
Public Works Director of said City of Wichita Falls.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
classified, promulgated and set out by the City of Wichita Falls,Texas, a copy of which is attached
hereto and made a part hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this agreement is made and entered into by the
parties hereto with reference to the existing Charter and Ordinances of the City of Wichita Falls and
the laws of the State of Texas with reference to and governing all matters affecting this contract,
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and the Contractor agrees to fully comply with all the provisions of the same.
IN WITNESS WHEREOF, the City'of Wichita Falls has caused this instrument to be signed
in triplicate in its name and on its behalf by the City Manager and attested by its City Clerk, with
the corporate seal of the City of Wichita Falls attached. The Contractor has executed this
instrument through its duly authorized officers in three counterparts with its corporate seal
attached.
Done in Wichita Falls,Texas, this the day of A.D., 19_..
APPROVED: CITY OF WICHITA FALLS
BY
PUBLIC WORKS DIRECTOR CITY MANAGER
ATTEST:
CONTRACTOR
BY
CITY CLERK
SEAL )
TITLE
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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