18 - 2024 Annual Grounds Maintenance BidItem No. 18
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: M.A. Smith, Public Works Director
Bill Loranger, Parks/ROWS Department Superintendent
SUBJECT: 2024 ANNUAL GROUNDS MAINTENANCE BID
DATE: January 22, 2024
ei361021"1
The City of Paris Public Works Department sent out a request for bids for grounds maintenance,
per property. This is contracted mowing of City Parks. Bidding was conducted on an individual
park basis so as to allow us to take the best price per park, giving us the best price overall with the
most land being mowed under our limited budget.
STATUS OF ISSUE:
The City received three sealed bids for grounds maintenance on January 4, 2024, and would like
to award the bids accordingly. The contract period is February 14, 2024 through December 31,
2024. Per budget limitations and based on the bids received, 75.61 acres are recommended to
contractors, leaving 100.89 acres for the parks department to mow. We will also be mowing
another 126.5 acres of land that were not included in the bid due to size, location, etc., leaving a
total of 227.39 acres for the parks department to maintain. The bid tabulation sheet is attached.
Those parks highlighted in yellow will be awarded a contract.
BUDGET:
Funding is budgeted in the Parks Department, with $90,000.00 set aside for contracted mowing.
We are requesting award for a total of $88,735.00. We would like to set aside the remaining
difference for unexpected expenses necessary in mowing the contracted parks.
RECOMMENDATION:
Award two bids and contracts for:
• 10 properties, for a total of 49.64 acres, to Adams Lawn Service in the amount of $49,530.00
• 20 properties, for a total of 34.35 acres, to Green's Lawn Service in the amount of $39,205.00
2024
GROUNDS
MAINTENANCE
BIDS
TABULATION
Tim
Adams
Jerry
Green
Eric
Lewis
Adams Lawn
Service
Green's Lawn
Service
U Lawn
Service
635 Cedar
Creek
3610
Clement
531 SE
CR 3115
Reno
75462
Paris 75460
903.332.1820
Corsicana
75109
Est # of
Mowing
Mows
Cost per
Cost per
Cost per
Acres
Per Year.
Mow
Annual Cost
Mow
Annual Cost
Mow
Annual Cost
2.49
26
$120.00
$3,120.00
$150.00
$3,900.00
$303.75
$7,897.50
0.25
26
$45.00
$1,170.00
7$40.00
$1,040.00
$101.25
$2,632.50
0.75
26
$45.00
$1,170.00
$45.00
$1,170.00
$168.75
$4,387.50
6.49
26
$290.00
$7,540.00
$350.00
1 $9,100.00
$573.75
$14,917.50
0.67
26
$135.00
$3,510.00
$50.00
$1,300.00
$135.00
$3,510.00
1.44
26
$150.00
$3,900.00
$145.00
$3,770.00
$303.75
$7,897.50
8.8
26
$350.00
$9,100.00
$400.00
$10,400.00
$978.75
$25,447.50
8.5
26
$200.00
$5,200.00
$195.00
$5,070.00
$945.00
$24,570.00
9.52
26
$325.00
$8,450.00
$400.00
$10,400.00
$1,113.75
$28,957.50
6.34
26
$275.00
$7,150.00
$400.00
$10,400.00
$540.00
$14,040.00
4.02
26
$150.00
$3,900.00
$150.00
$3,900.00
$506.25
$13,162.50
7.62
26
$300.00
$7,800.00
$350.00
$9,100.00
$843.75
$21,937.50
6.46
26
$250.00
$6,500.00
$230.00
$5,980.00
$553.50
$14,391.00
11
1 $43,160.00
$22,230.00
$7,067.25
$183,748.50
roperty is
to be bid
separately
and will be awarded
on
an individual
basis.
2024 GROUNDS MAINTENANCE BIDS TABULATION
Mowing I Mows Perl Cost per
Acres I
Tim Adams
Jerry Green
0.44
Adams Lawn Service
Green's Lawn Service
2
635 Cedar Creek
3610 Clement
2
Reno 75462
Paris 75460 903.332.1820
Mowing I Mows Perl Cost per
Acres I
Year
Mow
0.44
17
$45.00
2
17
$85.00
2
17
$85.00
2.96 1 17 1 5350.00
0.98
17
$50.00
0.25
17
$40.00
0.91
17
1 $40.00
5.24
17
$225.00
0.75
17
$75.00
0.18
17
$60.00
is to be bid
Eric Lewis
U Lawn Service
531 SE CR 3115
Corsicana 75109
$5,950.00 1 $345.00 1I $5,865.00 1 $391.50 1 $6,655.50
$850.00
Cost per
$850.00
Cost per
$2,295.00
Annual Cost
Mow
Annual Cost
Mow
Annual Cost
$765.00
$45.00
$765.00
$101.25
$1,721.25
$1,445.00
$35.00
$595.00
$263.25
$4,475.25
$1,445.00
$100.00
$1,700.00
$263.25
$4,475.25
$5,950.00 1 $345.00 1I $5,865.00 1 $391.50 1 $6,655.50
$850.00
$50.00
$850.00
$135.00
$2,295.00
$680.00
$40.00
$680.00
$101.25
$1,721.25
$680.00
$50.00
$850.00
$135.00
$2,295.00
$3,825.00
$300.00
$5,100.00
$405.00
$6,885.00
$1,275.00
$70.00
$1,190.00
$168.75
$2,868.75
$1,020.00
$50.00
$850.00
$74.25
$1,262.25
$5,950.00
$10,795.00
$2,038.50
$34,654.50
and will be awarded
on
an individual
basis.
2024 GROUNDS MAINTENANCE BIDS TABULATION
Tim Adams Jerry Green
Adams Lawn Service Green's Lawn Service
635 Cedar Creek 3610 Clement
Mowing I Mows Perl Cost per
Acres
Year
Mow
0.04
12
$40.00
0.03
12
$40.00
0.5
12
$60.00
3.8
12
$350.00
0.15
12
$40.00
0.23
12
$35.00
0.18
12
$40.00
Eric Lewis
U Lawn Service
531 SE CR 3115
is to be bid separately and will be awarded on an individual basis.
Cost per
Cost per
Annual Cost
Mow
Annual Cost
Mow
Annual Cost
$480.00
$25.00
$300.00
$65.00
$780.00
$480.00
$25.00
$300.00
$55.00
$660.00
$720.00
$40.00
$480.00
$101.25
$1,215.00
$4,200.00
$350.00
$4,200.00
$472.50
$5,670.00
$480.00
$35.00
$420.00
$114.75
$1,377.00
$420.00
$40.00
$480.00
$94.50
$1,134.00
$480.00
$40.00
$480.00
$75.00
$900.00
$420.00
$6,180.00
$978.00
$11,736.00
$49,530.00
$39,205.00
is to be bid separately and will be awarded on an individual basis.
THE STATE OF TEXAS §
COUNTY OF LAMAR §
THIS CONTRACT is entered into on this day of , 2024,
by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar
County, Texas, (hereinafter referred to as "CITY"), acting by and through its City
Manager or his designee, and ADAMS LAWN SERVICE, acting by and through its
principal officer, Tim Adams ("hereinafter referred to as "CONTRACTOR") whose
address is 635 Cedar Creek Drive, Reno, Texas, 75462.
WITNESSETH:
WHEREAS, CITY desires to obtain services from CONTRACTOR for mowing services
on specified city -owned properties within the City of Paris;
WHEREAS, CONTRACTOR is qualified to provide such services and is willing to
undertake the performance of such services for CITY in exchange for fees
hereinafter specified;
NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and agreements hereinafter contained
and subject to the terms and conditions hereinafter stated, the parties hereto do mutually
agree as follows:
I.
Em to went of Contractor
CONTRACTOR will perform as an independent contractor all services under this
Contract to the prevailing professional standards consistent with the professional level of
care and skill ordinarily provided by competent members of its profession, both public
and private, currently practicing in the same or similar locality under the same or similar
circumstances. If CONTRACTOR is representing that it has special expertise in one or
more areas to be utilized in this Contract, then CONTRACTOR agrees to perform those
special expertise services to the appropriate local, regional and national professional
standards.
II.
Scoe of Services
CONTRACTOR shall perform the following services:
Grounds Maintenance services according to the specifications and schedule forth in
Attachment A: Agreement for Ground Maintenance Specifications on the following
properties:
1. Bywaters Park -300 Block South Main
2. Culbertson Park -800 13th SE
3. Heritage Park -1200 Block Bonham St.
4. Leon Williams Park -700 W. Henderson
5. Oak Park -2515 Bonham St.
6. Wade Park -2400 E. Price
7. 271 N Roadside Park
8. Ellis Park -1310 E. Washington
9. Mrs. Joan Mathis Park -1300 Block of Johnson
10. 24th St. and Clarksville median
Attachment A is hereby incorporated herein by reference and made a part hereof as if
written word for word. However, in case of conflict in the language of Attachment A
and this Contract, the terms and conditions of this Contract shall be final and binding
upon both parties hereto.
III.
Payment for Services
Total payment for services described herein shall not exceed the total amount of
FOURTY-NINE THOUSAND FIVE HUNDRED THIRTY DOLLARS AND NO/100
CENTS ($49,530.00) in accordance with Attachment B, CONTRACTOR's bid,
incorporated herein by reference for all purposes. This total payment for services includes
CONTRACTOR's ordinary expenses such as salary costs, overhead, direct expenses and
profit. Additional expenses which are extraordinary in nature shall be approved in
advance by CITY in writing signed by the parties. Such extraordinary expenses may be
paid as incurred and billed to the CITY pursuant to this Contract over and above the total
payment amount identified in this provision. Any extraordinary expenses not approved
in writing in advance by the CITY shall remain the sole responsibility of the
CONTRACTOR.
CONTRACTOR will bill CITY monthly. Each invoice shall provide supporting
information describing the work completed. If additional services or expenses are
requested, CONTRACTOR will not provide such additional services until authorized by
CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall
not be required to pay any amount in excess of the amount identified in the preceding
paragraph unless CITY shall have approved in writing in advance (prior to the
performance of additional work) the payment of additional amounts.
Within thirty (30) days of receipt of each such invoice, CITY shall make payment
in the amount shown by CONTRACTOR's approved statements and other documentation
submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas
Government Code §§ 2251.001, et seq.
Nothing contained in this Contract shall require CITY to pay for any work that is
unsatisfactory as determined by CITY or which is not submitted in compliance with the
terms of this Contract, nor shall failure to withhold payment pursuant to the provisions
of this section constitute a waiver of any right, at law or in equity, which CITY may have
if CONTRACTOR is in default, including the right to bring legal action for damages or
for specific performance of this Contract. Waiver of any default under this Contract shall
not be deemed a waiver of any subsequent default.
IV.
Revisions of the Sco a of Services
CITY reserves the right to revise or expand the scope of services after due approval
by CITY as CITY may deem necessary, but in such event CITY shall pay CONTRACTOR
equitable compensation for such services. In any event, when CONTRACTOR is directed
to revise or expand the scope of services under this Section of the Contract,
CONTRACTOR shall provide CITY a written proposal for the entire cost involved in
performing such additional services. Prior to CONTRACTOR undertaking any revised
or expanded services as directed by CITY under this Contract, CITY must authorize in
writing the nature and scope of the services and accept the method and amount of
compensation and the time involved in all phases of the Project.
It is expressly understood and agreed by CONTRACTOR that any compensation
not specified in Paragraph III hereinabove may require approval by the City Council and
is subject to the current budget year limitations.
V.
Term and Time of Performance
The effective date of this Contract shall be February 14, 2024, and shall conclude
on December 31, 2024 (the "initial term"). This Contract shall automatically renew for
up to four (4) one-year renewal terms, for a total of five one-year terms inclusive of the
initial and renewal terms subject to the CITY'S appropriation of funds in each budget
year affected by this Contract. Either party may opt out of any or all renewal terms by
giving the other party written notice no later than thirty (30) days prior to the expiration
of a term in accordance with Section XVIII herein.
The CONTRACTOR shall commence services upon execution of this Contract.
VI.
Contract Termination Provision
This Contract may be terminated at any time by CITY for any cause by providing
CONTRACTOR thirty (30) days written notice of such termination. Upon receipt of such
notice, CONTRACTOR shall immediately terminate working on, placing orders or
entering into contracts for supplies, assistance, facilities or materials in connection with
this Contract and shall proceed to promptly cancel all existing contracts insofar as they
are related to this Contract. The CITY will only be obligated to compensate the
CONTRACTOR in a just and equitable manner for those services performed prior to the
effective date of termination and upon the CONTRACTOR's submitting a statement of
actual services performed and payment requested.
VII.
Ownership of Documents
All materials and documents prepared or assembled by CONTRACTOR under this
Contract shall become the sole property of CITY and shall be delivered to CITY without
restriction on future use. CONTRACTOR may retain in its files copies of all drawings,
specifications and all other pertinent information for the work. CONTRACTOR shall
have no liability for changes made to any materials or other documents by others
subsequent to the completion of the Contract.
VIII.
Insurance Rei uirements
Before commencing work, the CONTRACTOR shall, at its own expense, procure,
pay for and maintain during the term of this Contract insurance in accordance with the
requirements set forth in Attachment C hereto, written by companies approved by the
State of Texas, and acceptable to the City of Paris. The CONTRACTOR shall furnish to
the City Clerk copies of the insurance policies required herein stating coverages, limits,
expiration dates and compliance with all applicable required provisions. Policies shall
reference the project and be addressed as follows:
City of Paris
150 SE First St
Paris TX 75460
IX.
Ri ht to Ins ect Records
CONTRACTOR agrees that CITY shall have access to and the right to examine
any books, documents, papers and records of CONTRACTOR involving transactions
relating to this Contract. CONTRACTOR agrees that CITY shall have access during
normal working hours to all necessary CONTRACTOR facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. CITY shall give CONTRACTOR reasonable advance notice
of intended audits.
CONTRACTOR further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that CITY shall have access to and the right to examine any
directly pertinent books, documents, papers and records of such engineer or sub-
contractor involving transactions to the subcontract, and further, that CITY shall have
access during normal working hours to all such sub -contractor facilities and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of the paragraph. CITY shall give any such sub -contractor reasonable
advance notice of intended audits.
X.
Successors and Assigns
CITY and CONTRACTOR each bind themselves and their successors, executors,
administrators and assigns to the other party to this contract and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of
this Contract. Neither CITY nor CONTRACTOR shall assign or transfer its interest
herein without the prior written consent of the other.
XI.
Contractor's Liability and Warrant
Acceptance of the final work by the CITY shall not constitute nor be deemed a
release of the responsibility and liability of CONTRACTOR, its employees, associates,
agents or CONTRACTORs for the acceptable completeness of the work; nor shall such
acceptance be deemed an assumption of responsibility by CITY for any defect in the
work; nor shall such acceptance be deemed an assumption of responsibility by CITY for
any defect in the work prepared by said CONTRACTOR, its employees, associates,
agents or subcontractors.
CONTRACTOR herein provides a one (1) year warranty on workmanship and a
five (5) year warranty on the plaster. CONTRACTOR further provides a thirty (30) day
warranty on tile, brick, and rock repairs.
XII.
INDEMNIFICATION
CONTRACTOR DOES HEREBY COVENANT AND CONTRACT TO
WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD
HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND
AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND
AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES,
PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR
RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT
AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR
NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR CONTRACTOR'S
SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF
EITHER CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS (THE
"INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL
GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND
REMEDIES CODE, § 130.002(B).
BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE
PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE
CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL
AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER.
INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS'
FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS.
INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE
THIS INDEMNITY.
XIII.
Independent Contractor
CONTRACTOR's status shall be that of an Independent Contractor and not an
agent, servant, employee or representative of CITY in the performance of this Contract.
No term or provision of or act of CONTRACTOR or CITY under this Contract shall be
construed as changing that status. CONTRACTOR will have exclusive control of and the
exclusive right to control the details of the work performed hereunder, and shall be liable
for the acts and omissions of its officers, agents, employees, contractors, subcontractors
and engineers and the doctrine of respondeat superior shall not apply as between CITY
and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and
engineers, and nothing herein shall be construed as creating a partnership or joint
enterprise between CITY and CONTRACTOR. CITY and CONTRACTOR shall not be
construed to be in any type of joint venture with respect to the scope of work set forth in
this Contract.
XIV.
Default
If at any time during the term of this Contract, CONTRACTOR shall fail to
commence the work in accordance with the provisions of this Contract or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with
the provisions of this Contract or fail to use an adequate number or quality of personnel
to complete the work or fail to perform any of its obligations under this Contract, then
CITY shall have the right, if CONTRACTOR shall not cure any such default after thirty
(30) days written notice thereof, to terminate this Contract. Any such act by CITY shall
not be deemed a waiver of any other right or remedy of CITY. If after exercising any
such remedy due to CONTRACTOR's nonperformance under this Contract, the cost to
CITY to complete the work to be performed under this Contract is in excess of that part
of the Contract sum which has not theretofore been paid to CONTRACTOR hereunder,
CONTRACTOR shall be liable for and shall reimburse CITY for such excess.
CONTRACTOR'S liability under this provision shall be limited to the total dollar amount
of this Contract.
This Section XIV shall not supersede and shall be in addition to CITY's right under
Section VI to terminate this contract for any reason upon thirty (30) days' written notice
of such termination.
CITY's remedies for CONTRACTOR's default or breach under this Contract shall
be one or more of the following remedies which may be exercised separately or in
combination at CITY's sole exclusive choice:
(a) Specific performance of the Contract;
(b) Re -performance of this Contract at no extra charge to CITY; or,
(c) Monetary damages in an amount not to exceed the greater of:
(1) The amount of any applicable insurance coverage CONTRACTOR is
required to purchase and maintain under this Contract plus any deductible
amount to be paid by CONTRACTOR in conjunction with said coverage
regardless of whether CONTRACTOR has actually purchased and
maintained said coverage; or,
(2) The total dollar amount of this Contract.
The terms of Sections XII entitled Indemnification, and XVII entitled Confidential„
Information shall survive termination of this Contract. m...
XV.
Chan yes
CITY may, from time to time, require changes in the scope of services to be
performed under this Contract. Such changes as are mutually agreed upon by and between
CITY and CONTRACTOR shall be incorporated by written modification to this Contract.
XVI.
Conflict of Interest
CONTRACTOR covenants and agrees that CONTRACTOR and its associates and
employees will have no interest, and will acquire no interest, either direct or indirect,
which will conflict in any manner with the performance of the services called for under
this Contract. All activities, investigations and other efforts made by CONTRACTOR
pursuant to this Contract will be conducted by employees, associates or subcontractors
of CONTRACTOR.
XVII.
Confidential Information
CONTRACTOR hereby acknowledges and agrees that its representatives may have
access to or otherwise receive information during the furtherance of its obligations in
accordance with this Contract, which is of a confidential, non-public or proprietary
nature. CONTRACTOR shall treat any such information received in full confidence and
will not disclose or appropriate such Confidential Information for its own use or the use
of any third party at any time during or subsequent to this Contract. As used herein,
"Confidential Information" means all oral and written information concerning City of
Paris, its affiliates and subsidiaries, and all oral and written information concerning CITY
or its activities, that is of a non-public, proprietary or confidential nature including,
without limitation, information pertaining to customer lists, services, methods, processes
and operating procedures, together with all analyses, compilation, studies or other
documents, whether prepared by CONTRACTOR or others, which contain or otherwise
reflect such information. The term "Confidential Information" shall not include such
materials that are or become generally available to the public other than as a result of
disclosure by CONTRACTOR, or are required to be disclosed by a governmental
authority or pursuant to a properly submitted request under the Texas Public Information
Act.
XVIII.
Mailing Address
All notices and communications under this CONTRACT to be mailed to CITY
shall be sent to the address of CITY's agent as follows, unless and until CONTRACTOR
is otherwise notified:
Grayson Path
City Manager
City of Paris
Post Office Box 9037
Paris, Texas 75461
Notices and communications to be mailed or delivered to CONTRACTOR shall be
sent to the address of CONTRACTOR as follows, unless and until CITY is otherwise
notified:
Tim Adams
635 Cedar Creek Drive
Reno, TX 75462
Any notices and communications required to be given in writing by one party to
the other shall be considered as having been given to the addressee on the date the notice
or communication is posted, faxed or personally delivered by the sending party..
XIX.
A licable Law
The CONTRACT is entered into subject to the Paris City Charter and ordinances
of CITY, as same may be amended from time to time, and is subject to and is to be
construed, governed and enforced under all applicable State of Texas and federal laws.
CONTRACTOR will make any and all reports required per federal, state or local law
including, but not limited to, proper reporting to the Internal Revenue Service, as required
in accordance with CONTRACTOR's income. Situs of this Contract is agreed to be
Lamar County, Texas, for all purposes, including performance and execution.
XX.
Severability
If any of the terms, provisions, covenants, conditions or any other part of this
Contract are for any reason held to be invalid, void or unenforceable, the remainder of
the terms, provisions, covenants, conditions or any other part of this Contract shall remain
in full force and effect and shall in no way be affected, impaired or invalidated.
XXI.
Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition of
this Contract may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to
be performed pursuant to this Contract.
XXII.
Entire Agreement
This Contract embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporaneous agreements between the parties relating
to matters herein, and except as otherwise provided herein cannot be modified without
written agreement of the parties.
XXIII.
Non -Waiver
It is further agreed that one (1) or more instances of forbearance by CITY in the
exercise of its rights herein shall in no way constitute a waiver thereof.
XXIV.
Headins
The headings of this Contract are for the convenience of reference only and shall
not affect any of the terms and conditions hereof in any manner.
XV.
Venue
The parties to this Contract agree and covenant that this Contract will be
enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract,
exclusive venue will lie in Lamar County, Texas, or in the United States District Court
for the Eastern District of Texas, Sherman Division.
XXVI.
No Third Party Beneficiary
For purposes of this Contract, including its intended operation and effect, the
parties (CITY and CONTRACTOR) specifically agree and contract that: (1) the Contract
only affects matters/disputes between the parties to this Contract, and is in no way
intended by the parties to benefit or otherwise affect any third person or entity
notwithstanding the fact that such third person or entity may be in contractual relationship
with CITY or CONTRACTOR or both; and (2) the terms of this Contract are not intended
to release, either by contract or operation of law, any third person or entity from
obligations owing by them to either CITY or CONTRACTOR.
XXVII
Incorporation of Provisions Required by Law
Each provision and clause required by law to be inserted into the Contract shall
be deemed to be enacted herein and this Contract shall be read and enforced as though
each were included herein. If through mistake or otherwise any such provision is not
inserted or is not correctly inserted, the Contract shall be amended to make such
insertion on application by either party.
XXVIII
E ual Em to ment Qvvort#Ritj
In the performance of this Contract, the CONTRACTOR will not discriminate
against any employee or applicant for employment because of race, color, religion, age,
sex, national origin or any other protected class.
XXIX
Form 1295
CONTRACTOR, in compliance with the laws of the State of Texas, will
execute and file Form 1295, notice of interested parties, which can be found on
the website of the Texas Ethics Commission at
XXX
Mandator Non -Boycott and other Provisions
Contractor acknowledges this Agreement may be terminated and payment
withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the
Texas Government Code, Contractor certifies that either (i) it meets an exemption
criterion under Section 2271.002; or (ii) it does not boycott Israel and will not
boycott Israel during the term of the Agreement. Contractor acknowledges this
Agreement may be terminated and payment withheld if this certification is
inaccurate. Pursuant to SB 13, 87th Texas Legislature, Contractor certifies that
either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or
(ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th
Texas Legislature, and will not boycott energy companies during the term of the
Agreement. Contractor acknowledges this Agreement may be terminated and
payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas
Legislature, Contractor certifies that either (i) it meets an exemption criterion
under SB 19, 87th Texas Legislature, or (ii) it does not discriminate against a
firearm entity or firearm trade association, as defined in Section 1 of SB 19, 871h
Texas Legislature, and will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement. Contractor acknowledges this
Agreement may be terminated and payment withheld if this certification is
inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code,
Contractor certifies that Contractor is not engaged in business with Iran, Sudan,
or a foreign terrorist organization. Contractor acknowledges this Agreement may
be terminated and payment withheld if this certification is inaccurate.
ATTEST:
Janice Ellis
City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris
City Attorney
CITY OF PARIS
GRAYSON PATH
City Manager
Date Signed:
Adams Lawn Service
By: Tim Adams
Title:
[Remainder of page left blank intentionally.]
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared GRAYSON PATH, City Manager of the CITY OF PARIS, a Texas
Municipal Corporation, known to me to be the person who's name is subscribed to the
foregoing instrument, and acknowledged to me that he has executed the same on the
City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 2024.
Notary Public Lamar County, Texas
My commission expires .-
THE STATE OF TEXAS §
COUNTY OF LAMAR §
This instrument was acknowledged before me on the day of
2023, by Tim Adams in his capacity as of Adams Lawn Service of Paris,
Texas, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged that he executed the same on behalf of and as the act of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF .2024.
Notary Public County, Texas
My commission expires
Attachment A
During the growing season, all areas listed below will have maintenance performed on a weekly and
biweekly basis or on an *as -needed* basis, as„ .d.et.e..Tmined --- by' the Paris., Cit�,,, fP s.,a_1 __,)1�ointqq for that
a '
property. This will include an estimated twenty six (26) mows per year every 7 to 10 days or as
needed for all '!A "properties. An estimated seventeen (17) mowings per year every 11 to 21 days, or as
needed for'"properties and an estimated twelve (12) mowings per year every three to five weeks for
"C" properties. The mowing schedule to be followed is attached. Additional mowings could be
requested on any of the individual areas to be mowed. Any partial mow or adjustment ofproperty size,
regardless of reason, will reflect a partial payment of same percentage of adjustment. Any adjustment
of mowings and payments require separate invoices. The Fountain Plaza and Culbertson tennis court
area will be required to be mowed with a push -type mower. This schedule may be adjusted due to
weather conditions.
*as -needed" is determined by city appointee
2. The City will give three (3) to five (5) days advance notice for mowing any given location when
additional mows are needed or any scheduled change.
3. Contractor is responsible for the following: Mow all existing grass or turf on property; weedeat around
all fence lines, trees, tables, pavilions, playground equipment or other applicable structures on
property; edge all applicable concrete including curb and sidewalks; remove all clippings; blow dust,
clippings and leaves off hard surface areas; trim applicable hedges and shrubs on property (per
specifications by the city appointee); remove weeds, debris and leaves from any applicable flower beds.
The contractor is also responsible for mowing, trimming and leaf control through the summer months
and on an as -needed basis through the winter months.
4. Contractor may use subcontractors to perform up to fifty percent (50%) of the contract. Contractor
will be solely responsible for supervising said subcontractors and for obtaining insurance coverage for
all subcontractors performing work under this contract. All subcontractors and equipment must be
approved by the City of Paris prior to any work being performed. Contractor must notify the city
appointee as to who their subcontractor is and provide proof of insurance.
All litter and debris will be removed by the contractor prior to mowing. No separate pay item will be
allowed for litter control. Any paper, cans, or bottles cut or broken during maintenance operations
shall be completely removed from the site immediately prior to proceeding with the maintenance of
other areas. Contractor is responsible for any cost as result from damage by their employees, equipment
orprocedures to facilities during visits.
6. Any area that contains a creek, drainage area or channel shall be mowed or weedeated to conform with
t he rest of property. Trimming around trees, shrubs, fences and all other obstructions will be
performed using mechanical devices and/or hand labor when necessary. Weeds growing in cracks of
curbing, sidewalks, pavestone and or concrete shall be removed by contractor.
7. Sidewalks and other pedestrian areas must be swept or blown clean after each cycle. It cannot be
blown into streets or sewers - it must be picked up.
8. Mowing and trimming of weeds and grass over the entire area is to be completed to specifications
before moving to the next property.
9. Shrubs and ground covers shall be hedged, pruned, or trimmed by the contractor on a regular basis on
all contracted city properties during the mowing season. All resultant debris shall be removed by the
contractor at his/her expense. Ttimming of large trees will be performed by Parks Department
personnel and will not be considered part of the contractor's responsibilities.
10. Contractor shall remove all weeds from flower beds upon every maintenance cycle. This will include
weeding the planters on the exterior side�valks ofthe plaza.
11. Bidders should include a list of references for whom they have perforined grounds mainteriancif
during the past three (3) years. (Page attached to be completed.)
12. This contract shall be effective upon execution by the Paris city manager and will end December
3 1 ". The city will have the option to renew this contract, with contractor's agreement, for thi ee
additional twelve (12) month terms with each renewal period beginning January I". Notice of
renewal will be given to contractor within sixty (60) days prior to the end of the contract period.
13. Contractor and all subcontractors shall at all times during the initial term of this contract or any renewals
thereof maintain a policy or policies of insurance which fully meets the requirements of the Insurar=o
Requirements and Insurance Checklist attached hereto as Exhibit 'A" and made a part hereof.
14. Contractor must currently own or operate a landscaping company at time of bid submission and
contractor must own or possess the equipment necessary to perform the work required. Noexceptions.
A. The contractor(s) shall provide his/her own equipment, labor, fuel and any other materials
necessary to complete the required work. The contractor(s) shall be responsible for the
maintenance and repair of his/her own equipment and the availability, presence and supervision
ofhis/her own employees.
1.114. The contractor(s) is required to have a competent and experienced supervisor/foreman, with
each work group at all times. The supervisor/foreman referred to herein may be a working
foreman operating a mower or other equipment. This supervisor/foreman must be able to
communicate effectively with the city appointee. All workers employed by contracting company
will be subj ect to a background search. The contractor will submit a list of all cur -rent employees
with the bid 4 ocumexts.
15. The city reserves the right to request additional mowings on an individual basis as determined by
the City of Paris appointee. The city reserves the right to add or subtract from the quantity or
fi-equency of areas to be mowed as needed and the monthly payments will be adjusted accordingly.
16. In the event contractor is requested to perform additional mowings (anything over the designated
limit per property/park/median) they shall invoice the city separately for this work, The same prop erty
rate for the additional work shall apply.
K
17. No property shall be mowed prior to the designated cycle time as per specifications.
18. Bidders are encouraged to contact the Parks Department Or the Director of Public Works at 903.784.9289
for assistance determining property boundaries for mowing and maintenance. Various changes have
been made regarding facility boundaries since the lastproject.
19. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and
to award the bid as may be most advantageous to the city.
20. The mowing of all sites shall include the mowing and trimming of all grass and weeds within each
area.
21. All property to be mowed will be on contractor mowing list contained in the approved packet.
22. Alternate mowing service maybe revised bythe city appointee as conditions warrant.
23. Clippings shall not be blown into the street or roadway. Any excessive grass clippings causing piles
or wind rows in parks are required to be raked up and removed.
24. Care shall be taken to protect trees and shrubs from damage by mowing and trimming equipment.
25. Turf -type tires will be mandatory on all equipment to avoid turf damage and rutting
26. A shredder will be allowed on once -a -month properties only.
27. Each property is to be bid separately and will be awarded on an individual basis.
28. Not all properties will be awarded (determination is based on budget allowances).
A B C
Every 7-10 DUs Every 11-21 Days Every 3-5 weeks
1. Bywaters Park
2. Courthouse -North
3. Courthouse - West
4. Culbertson Park
5. Farmers Market/Skate Park
6. Gateway
7. Heritage Park
8. Lake Crook Park
9. Leon Williams Park
10. Oak Park
11. Paris Aquatic Center
12. Culbertson Fountain and
Plaza
13. Sports Complex
14. Wade Park
15. Wise Field
1.
10" NE Park
2.
82 W Roadside Park
3.
271 N Roadside Park
4.
Cherry St Cemetery
5.
Chisum Memorial
6.
Dragon Park
7.
Eastgate Park
8.
Ellis Park
9.
Mrs. Joan Mathis Park
10.
Pauper Cemetery
11.
Travis Tennis Courts
12.
Walker Park and
IeNW & ShilohMedian
1. 18ft' SE & Neathery Median
2. 10, SE & Nethery Median
3. 2400 BK Lamar Lot
4. Plum St Water Basin
5. Ridgeview median & 32" NE
6. 2411 SE & Clarksville Median
7. 2200 College St Median
A. Properties High volume, occupied or frequent visitation by public (mow every 7-10 days).
B. Properties Moderate volume, average visitation by public (mow every 11-21 days).
C. Properties Low volume. Random visitation by public or vacant areas (mow/shred every 3-5
weeks).
RIME
A. Property - mow every 7-10 days from April thru July 18
Property - mow every 14-21. days from August thru October 4
Property - mow once every other month from November thru April 4
Total mows 26 mows per year
B. Property - mow every 11-21 days April - July 9
Property - mow every 21-28 days August - October 4
Property -snow every 6- 8 weeks November -March
4
Total snows 17
C. Property - mow once a month year 'round
12 mows per year
4
Attachment B
5
2024-2025 GROt)N1 S
MAlNT
ENANCE BID FORM
Name of Person Bidding ' �
Adele 2S�wbm.thefollowingrNumber:
arordanoe�w the sheds eafiptlons fort rnl ry mM ..
I/W hereby.. . _... p e fu shing of labor, materials and equipment, and for performing all
work required for grounds maintenance (mowing) on City of Paris parks and facilities.
# Parks Mowing # of Mows Per Cost per Annual Cost
Acres Year Mow
Al__ Byw tens Park 300 BK S Main 2.49 26 mows
„.. ..,. �.. ,....,,�........._
A2 Courthouse North 0.25 26 mows 515 C!
�� �...� - _.. _.. ,o.�.
rthouse West 0 75 26 mows r �p�
A3 Courthouse .., �w �. ,�.
44 Culbertson Park - 80013th SE 6.49 26 mows 290 �° 0
__.._,,..__—...ry ry
A5 Farmers Market/Skate Park 3101st SW 0 5 7Q
A6 Gateway 2100 BKS Church 1.44 26 mows
A7 Heritage Park -1200 BK Boam 8 8
nh26 mows
A8 Lake Crook Park - CR 31700 8.5
26 mows �d� c—d
A9 Leon Williams Park - 700 W Henderson 9.52 26 mows
.... _ ...._......... ww _. �. _.
A10 Oak Park - 2515 Bonham6.34 1 26 mows To
A11 Cit Pool -1625 Clement4 02 26 mowsSD
_ �...._.......� ®.�, --.,. ...�.... - L_�.. �,,..,.
Al2- 'Culbertson Fountain and Plaza 0.76 26 mows
A13 iSports Complex 2005 S Collegiate 39.88 26 mows
A14 Wade Park - 2400 E Price 7.62 26 mows � r�
...........
..tih... - _......
A15 'Wise Field - 638 4th SW 6 46 26 mows w (���? ZV
Bi 10th NE Park 0.44 � 17 mows "rte ��
B2 82 W Roadside Park 2 17 mows
B3 271 N Roadside Park 2 17 mows �'
...._..._. „-...... . _ n
B4 Cher St Cemetery 6th NW & Cher 2 96m ..... __...17 mows 3 a� .
Cherry ry�.�.rvrvrvrvrv�.n!..�. ...... _....... �.�.._�m,,,.
B6 Dra on Park_ 24th 1100 BK W Wash „ mm . 0.98 17 mows ,j �L
65..Chisum Memorial _ - - � .8...... _ . � n �
t
SE, Collegiate, Jefferson 42.25 17 mows
68 k-EisPark -1310EWashin Eastgate 0 25 17 mows0 Eastgate Park 48th SE >on0 91 17 mows =COQ-' B9 rs Joan Mathis Park -1300 BK Johnson 5.24 17 mows WE
u .�
,.,. _......��.._.�........ w.... .._..... ......
Pauper Cemetery 17th NE &Price 0.75 �7 mows
811 'Travis Tenors Courts 3270 Graham 018 17 mows r4Za�
,..a .,..o
B18 17 mows ��.2 Walker Park and 18th NW & Shiloh Median 1 /D,
mmmmmm. w
Cl 18th SE &Neathery Median 0.04 12 mows
C2 19th SE & Neathery Median 0.03 12 mows ��pM
_____1_._ ............�.....w_ �._...... __. �."'
C3 2.400 BK Lamar Lot 0.5 12 mows
............._�.... . -,
Plum St Water Basin 3.8 12 mows
C5 32nd NE & Rid evlew Median eo, 0 015 12 mows D`�" p T
2200 College St Median Jan 0 23 17 mows
C6 24th SE & Clarksville Med... ........�....��.__. _ . 0� ...., _ ........
a
C7 0.18 17 mows
O
Eacis to be bid separately and will be awarded on an individual basis.
1.) CONTACT PERSON h
REFERENCES
PHONE#. ._ e.... �.
'P 2. CONTACT PERSON:,,..,4
PHONE# e .. �...e
3.) CONTACT PERSON:
PHONE#
4.)
CONTACT PERSON:
PHONE#k -Y � 77 O m
THE REFERENCE SECTION MUST BE COMPLETED IN FULL
TO BE CONSIDERED FOR AWARD.
/"Y4 A.r+� Y DATE (MMfD01YYYY)
INSURANCE 08/1512023
..........
,. CERTIFICATE OF LIABILITY
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOTAFFIRMATWELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
....... ..... w ._ -.w. . .,,,., �.wdw�. .�. .�. �� � .y�M._._ �..w.�-...�ry �-rv.�.. � � ...........
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s).
......... ,_ .... _ �-_.,... ,,� ,� �.� ..... M �..�......
PRODUCER ,,,,,,h T' Toni Jackson
No" 903 7 X"^iI (903) 785-8434
1705 Lamar Avenue ADDRESS: I ......_"�p on:fen....................�e a�.." ..�.........- �...............�.�..._
y 0838
ani® lets diey.com
P.O. Box 459. .mm INGNG GE ................... ... ._ .
INSUrAi S AFFORDCOVERANAIC f
Paris TX 75461-0459 INSURERA: Ohio Security Insurance Company 24082
iiu...... ..._.............. ... ..ee _....... ........... ..'.,K,
IrosurtED INsuRERe. State Auto Insurance Companies � 000858
Adams Lawn Service LLC INSUia Rc:
835 Cedar Crkn.,�_ .... .... .._...� ........... ..
INSURER 0:
Reno TX 75462 INwSURER,. F:
....................
..,_.... .
COVERAGESCERTIFICATE NUMBER: CL2381509998
RE�VISION NUMBER:
......... . ... . .....�.
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 CONTRACTOR 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 OUT 1�tD � � "E"' "IL"'a'
"'
TYPE OF INSURANCE POLICY NUMBER MAVIlG'5,7�"^Y"MYY Mh1dYJrVPb"r"1"�'
.EACH
COi1NERCIALGENERALLIABILITY
OCCURRENCE(S
$ 1000000
�
1,000,000
CLAIMS -MADE OCCUR
K! I S €A�ABI�E
$_„
MED E%P,.��",.Y e!!e..4"e!5°
15,000
$
A Y BLS65130968 08110/2023 08/10/2024
... _............ .........ww......,. ,,,
PERSONAL INJURY
_. �.
$ 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER:
� _---
GENERALAGGREGATE
---- '00 .._..,.
m$ D
PRO•
x POLICY 0 JECT LOC
PRODUCTS COMPlOPAGG
...n.. o PAGG
..._.�
$ 2,000,000.. _.
OTHER:
Schedule__..
Mod Factor 1
.
$
�..W�..._ .AUTOMOBILELIABi.. .... .. p,n.n. n. ....�.� ... m..........
�. .... ... ..... ..m ........,
.._.
COMBINER BINGLECIIT
$ 1,000,000 ''...
_M.___ �.
ANYAUTO
BODILY INJURY(Per person)
$
B OWNED SCHEOULEO 10172730CA 05101/2023 05/01/2024
AUTOS ONLY AUTOS
BODILY YINJURY (Per accident)
$
HIRED
�*
Rtt DAMAGE
, .....�.... .........„.,,,
$
AUTOS ONLY AU ros ONLY
..
r tlernl w_...
m w„......� -,,,w,,.....
-
19
BAPLS
$
UMBRELLA LUIS OCCUR
EACH OCCURRENCE
$
EXCESS LAB CLAIMS -MADE
AGGREGATE
$
.m... .,„.,,..
� $
WORKERS COMPENSATION
PER 0TH -
AND EMPLOYERS' LIAMUTY Y 1 N
OFFlCCEEXCCLUDEDT ECUTIVE ❑ N f A
(Mandatory in NERR
E L DISEASE -IEA
Ifyes.desedbeunder
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..._..........,.a�..-�..- „
DESCRIPTION OF OPERATIONS below
..,._.,..m.,,m. ..,.,m,m,.,...,,,m,,,,,,,,,,._„-,,,,•.,,,.M„•_._.........._..---,.._,.,,,,,__,. ( .............. ..... _. .................,_ ,,,,... ..__..--- ............_.,...,
I
E.L. DISEASE- POLICY LIMB
....,..............,.w,w„�.
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......................�....e ..n..mm.....n..
DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (ACORD 101, Additional Nional Remarks Schedule, mey beseeched IF more �� ���������• �
.. space is renulmd)
������� .....,,,.._ ...........
.... . ........ .........
Workers Comp can be issued once employees reach 5.
Liability policy Includes Blanket additional insured, since required by contract, City of Paris is an additional insured on policy.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Paris ACCORDANCE WITH THE POLICY PROVISIONS.
135 SE 1 St St - �� .� _._.._...... ............ .w .�..-...�-ti-,, ,..w
AUTHORIZED REPRESENTATIVE
Paris TX 75460
..d .................. ...... �........... � ,............. �........................m..,..........
1988-2016 ACORD CORPORATION. All rights
w�reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
INSURANCE REQUIREMENT AFFIDAVIT
TO BE IIIA COMPLETED BY APPROPRIATE WSURANCEAGENT
MUST BE RETURNED AS PART OFBID
I, the undersigned agent, certify the insurance requirements contained in this bid for
vendor/contractor/consultant/engineer/architect. If the City of Paris awards this contract, I will be able,
within ten (10) working days of notification of such award, to furnish a valid insurance certificate to the
City, meeting all of the requirements contained in this bid.
" Agent's ature Ag °!t's Nam
Signature a (Print or Type)
Name �ofInsurance �'rie� W..�.....��
r
Address of Agency
�'lu cs► 'rx rl
City/State/Zip Code
Phone
Name of Vendor/Contractor/Consultant/Engineer/Architect (Printor Type)
SUBSCRIBED AND SWORN TO and before me this AT' aY of _ ry&l~ , 20A�3
gid)`,, ;,;
Notary Pub ic, State of Texas
Note to Agent:
If this time requirement is not met, the City has the right to declare this vendor non -responsible and award the
contract to the next lowest bidder meeting the specifications. If you have any questions concerning these
requirements, please contact the City of Pans at 903.784.9289.
SURA CE C CL IST
Construction
Projects ("X" means the coverage is required.)
Coverage Required Limits (Figures Denote Minimums)
X 1. Workers' Compensation & Statutory limits of State of Texas
Employers' Liability per state $100,000 accident $100,000 disease
requirements $500,000 policy limit disease
2. For Future Use $150,000 medical, safety program
3. City Approved Alternative
Workers' Comp_ Program
X 4. General Liability Minimum $250,000 each incident
$500,000 per occurrence
Complete entry No. 26
X 5. General aggregate applies per
project (CGL)
6. Premises/Operations (Items No. 3-10 & 12 require)
7. Independent Contractors $500,000 combined single
limit for bodily injury and property damage
X 8. Products
9.Completed Operations
10. Contractual Liability
11. Personal Injury Liability
12. XCU Coverages
13. Automobile Liability
14. Owned, Hired&Non-owned
15. Motor C arrierAct Endorsement
16. Professional Liability
7
Damage each occurrence with
$1,000,000 general aggregate that
applies to project under contract
$250,000 each incident
$500,000 per occurrence
$250,000 each incident
$500,000 per occurrence
$100,000 for property Damage
each accident
$500,000 Bodily Injury & Property
Damage each accident
17. Garage Liability $_
BI & PD each occurrence
18. Garage Keepers' Legal
Comprehensive
19. Owners' Protective Liability
Collision/$500,000 combined single limit
X 20. City named as additional insured on other than Workers Compensation. This
coverage is primary to all other coverages the city maypossess.
X 21.City provided with Waiver of Subrogation on Workers' Compensation Alternative
program if applicable.
X 22. Ten (10) days notice of cancelation, non -renewal, material change or coverage
reduction endorsement required. The words "endeavor to" and "but failure" (at end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates.
23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or
Standard and Poor's Rating AA or better; Authorized to do business in the State of Texas (not
applicable for workers' compensation assigned through pool or alternative compensation
.programs).
X 24. The Certificate must state bid number and bid title or project name.
25. Other Insurance Required:
h 1: ►MNIMIMI0
I have reviewed these requirements with the bidder named below. Additionally:
X 26.The above policy(s) carry the following deductibles: Full limits of coverage available
for General Liability and Automobile Liability,
X 27.Liability policies are (indicate):
OCCURRENCE 111./ CLAIMS MADE [ ]
w
�a.�;�" ... ......... . u. w�._
w..e w ... ._
Insurance Agent (Print)
gn
Date
tY
gom
440
0CPm
Attachment C
INSURANCE REQUIREMENTS
1. General Insurance Re uirements:
1.1 The Contractor shall not start work under this Contract until the Contractor
has obtained at his own expense all of the insurance called for hereunder
and such insurance has been approved by the City; nor shall the Contractor
allow any subcontractor to start work on any subcontract until all insurance
required of the subcontractor has been so obtained and approved by the
Contractor. Contractor must submit appropriate certificates of insurance
detailing the required coverage before the contract can be awarded. In
certain instances, properly signed policy endorsements and/or certified
copies of insurance policies showing the required coverage will be required.
1.2 The Contractor shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liability insurance, in the same manner as specified for the
Contractor. The Contractor shall furnish subcontractors' certificates of
insurance to the City immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the
following provision: "It is agreed that this policy is not subject to
cancellation, non -renewal, material change, or reduction in coverage until
ten (10) days prior written notice has been given to the City Engineer, City
of Paris".
1.4 No acceptance and/or approval of any insurance by the City shall be
construed as relieving or excusing the Contractor, or the surety, or its bond,
from any liability or obligation imposed upon either or both of them by the
provisions of the Contract Documents.
1.5 The City of Paris (including its elected officials, officers and employees) is
to be named as an additional insured under all insurance policies under this
Contract except Workers' Compensation and Automobile Liability, and the
certificate of insurance, or the certified policy, if requested, must so state.
Coverage afforded under this paragraph shall be primary as respects the
City, its elected officials, officers and employees.
1.6 The Contractor shall provide insurance coverage for this contract and/or
project as specified in the "Insurance Checklist" attached hereto. Full limits
of insurance required by the checklist attached shall be available for claims
arising out of this contract and/or project. A copy of the insurance policies
and/or endorsements issued for this project or properly executed Acord
Certificate shall be submitted to the City prior to commencement of work.
1.7 The Contractor covenants to save, defend, hold harmless and indemnify the
City and its elected officials, officers and employees (collectively the
"City") from and against any and all claims, loss, damage, injury, cost
(including court costs and attorney's fees), charges, liability or exposure,
however caused, resulting from or arising out of or in any way connected
with the Contractor's performance or non-performance of the terms of the
Contract Documents or its obligations under the Contract. This
indemnification shall continue in full force and effect until the Contractor
completes all of the work required under the Contract, except that
indemnification shall continue for all claims involving products or
completed operations after final acceptance of the work by the City for
which the City gives notice to the Contractor after the City's final
acceptance of the work.
1.8 The Contractor shall be responsible for the work performed under the
contract and every part thereof, and for all materials, tools, equipment,
appliances, and property of any and all descriptions used in connection with
the work. The Contractor assumes all risks for direct and indirect damage
or injury to the property or persons used or employed on or in connection
with the work contracted for, and of all damage or injury to any person or
property wherever located, resulting from any action, omission,
commission or operation under the Contract, or in connection in any way
whatsoever with the contracted work, until final acceptance of the work by
the City.
1.9 Insurance coverage required in these specifications shall be in force
throughout the Contract Term. Should the Contractor fail to provide
acceptable evidence of current insurance within seven (7) days of written
notice at any time during the Contract Term, the City shall have the absolute
right to terminate the Contract without any further obligation to the
Contractor, and the Contractor shall be liable to the City for the entire
additional cost of procuring performance and the cost of performing the
incomplete portion of the Contract at time of termination.
1.10 Contractual and other liability insurance provided under this Contract shall
not contain a supervision, inspection or engineering services exclusion that
would preclude the City from supervising or inspecting the project as to the
end result. The Contractor shall assume all on-the-job responsibilities as
to the control of persons directly employed by it and of the subcontractors
and any persons employed by the subcontractor.
2
1.11 Nothing contained in the specifications shall be construed as creating any
contractual relationship between any subcontractor and the City. The
Contractor shall be as fully responsible to the City for the acts and
omissions of the subcontractors and of persons employed by them as it is
for acts and omissions of persons directly employed by it.
1„12 Precaution shall be exercised by the Contractor at all times for the
protection of persons, (including employees) and property. All existing
structures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Contractor and
its subcontractors during the term of the Contract, and the Contractor shall
be held responsible for any damage to property occurring by reason of its
operation on the property.
1,13 All required insurance coverage must be acquired from insurers authorized
to do business in the State of Texas and acceptable to the City. The City
prefers that all insurers also have a policyholder's rating of "A-" or better,
and a financial size of "Class VI" or better in the latest edition of A.M. Best,
or A or better by Standard and Poors; exceptions to this policy may only be
approved in writing by the City Manager or City Finance Director.
1.14 The City will consider deductible amounts as part of its review of the
financial stability of the bidder. Any deductibles shall be disclosed in the
Checklist and all deductibles will be assumed by the Contractor.
Contractor/Vendor may be required to provide proof of financial ability to
cover deductibles, or may be required to post a bond to cover deductibles.
2. Contractor's Insurance - "Occurrence" Basis:
2.1 The Contractor shall purchase the following insurance coverage, including
the terms, provisions and limits shown in the Checklist.
2. 1.1 Commercial General Liability - Such Commercial General Liability policy shall
include any or all of the following as indicated on the Checklist:
i. General aggregate limit is to apply per project.
ii. Premises/Operations:
iii. Actions of Independent Contractors;
iv. Products/Completed Operations to be maintained for one year.
Final completion and acceptance of the work, with evidence of same
filed with owner.
V. Contractual Liability including protection for the Contractor from
claims arising out of liability assumed under this contract;
vi. Personal Injury Liability including coverage for offenses related to
employment;
vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable.
Coverage required for any and all work involving drilling,
excavation, etc.
2.1.2 Business Automobile Liability including coverage for any owned, hired, or
non -owned motor vehicles and automobile contractual liability.
2.1.3 Workers' Compensation - statutory benefits as required by the State of
Texas, or other laws as required by labor union agreements, including
Employers' Liability coverage.
2.2 Owner's Protective Liability Insurance:
In addition to the insurance described above, the Contractor shall obtain,
pay for and maintain at all times during the prosecution of the work under
the contract, an owner's protective liability insurance policy naming the
Owner and Engineer as insured for property damage and bodily injury,
including death, which may arise in the prosecution of the work or
Contractor's operation under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance.
Limits of liability shall be as follows:
Bodily Injury $500,000 each occurrence
Property Damage $500,000 each occurrence
4
INSURANCE CHECKLIST
Construction Projects
("X" means the coverage is required.)
Coverage Req fired
X 1. Workers' Compensation &
Employers' Liability
disease
2. For Future Use
3. City Approved Alternative
program
Workers' Comp. Program
X 4. General Liability
X 5. General aggregate applies
per project (CGL)
X 6. Premises/Operations
X 7. Independent Contractors
X 8. Products
X 9. Completed Operations
X 10. Contractual Liability
X 11. Personal Injury Liability
X 12. XCU Coverages
X 13. Automobile Liability
Property
Limits Fj gres Denote Minimums
Statutory limits of State of Texas
$100,000 accident $100,000
$500,000 policy limit disease
$150,000 medical, safety
Minimum $500,000 each incident
$1,000,000 occurrence
Complete entry No. 26
(Items No. 3-10 & 12 require)
$500.000 combined single limit
for bodily injury and property damage
damage each occurrence with
$1,000,000 general aggregate that
applies to project under contract
$500,000 each offense & aggregate
$500,000 Bodily Injury &
X 14. Owned, Hired & Non -owned Damage each accident
15. Motor Carrier Act Endorsement
16. Professional Liability
® 17. Garage Liability
18. Garage keepers' Legal
X 19. Owners Protective
Liability
$500,000 Bodily Injury &
Property Damage each accident.
$ BI & PD each occurrence
$ - Comprehensive
$ - Collision
$500,000 Combined single limits
X 20. City named as additional insured on other than W/C and Auto. This coverage is
primary to all other coverages the City may possess.
X 21. City provided with Waiver of Subrogation on Workers' Compensation or
Alternative program if applicable.
X 22. Ten (10) days notice of cancellation, non -renewal, material change or coverage
reduction endorsement required. The words "endeavor to" and "but failure" (to end of
sentence) are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or
Standard and Poor's Rating AA or better; authorized to do business in the State of Texas
(not applicable for workers' compensation assigned through pool or alternative
compensation programs).
X 24. The Certificate must state bid number and bid title or project name.
25. Other Insurance Required: N/A
THE STATE OF TEXAS §
COUNTY OF LAMAR §
THIS CONTRACT is entered into on this day of , 2024,
by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar
County, Texas, (hereinafter referred to as "CITY"), acting by and through its City
Manager or his designee, and GREEN'S LAWN SERVICE, acting by and through its
principal officer, Jay Green ("hereinafter referred to as "CONTRACTOR") whose address
is 3610 Clement Road, Paris, Texas, 75460.
WITNESSETH:
WHEREAS, CITY desires to obtain services from CONTRACTOR for mowing services
on specified city -owned properties within the City of Paris;
WHEREAS, CONTRACTOR is qualified to provide such services and is willing to
undertake the performance of such services for CITY in exchange for fees
hereinafter specified;
NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and agreements hereinafter contained
and subject to the terms and conditions hereinafter stated, the parties hereto do mutually
agree as follows:
I.
Em toyment of Contractor
CONTRACTOR will perform as an independent contractor all services under this
Contract to the prevailing professional standards consistent with the professional level of
care and skill ordinarily provided by competent members of its profession, both public
and private, currently practicing in the same or similar locality under the same or similar
circumstances. If CONTRACTOR is representing that it has special expertise in one or
more areas to be utilized in this Contract, then CONTRACTOR agrees to perform those
special expertise services to the appropriate local, regional and national professional
standards.
II.
Scope of Services
CONTRACTOR shall perform the following services:
Grounds Maintenance services according to the specifications and schedule forth in
Attachment A: Agreement for Ground Maintenance Specifications on the following
properties:
1. Courthouse—North
2. Courthouse—West
3. Farmer's Market/Skate Park -310 W. 1St. St.
4. Gateway -2100 Block of S. Church
5. Lake Crook Park—CR31700
6. City Pool -1625 Clement
7. Wise Field -638 4th SW
8. 101h NE Park
9. Roadside Park, 82 West
10. Cherry St. Cemetery -6th NW and Cherry
11. Chisum Memorial -1100 Block of West Washington
12. Eastgate Park -481h SE and Eastgate
13. Pauper Cemetery -17th NE and Price
14. Travis tennis courts -3270 Graham
15.181h SE and Neathery median
16.191h SE and Neathery median
17. Lot -2400 Block Lamar Ave.
18. Plum St. Water Basin
19. 32nd NE and Ridgeview median
20. 2200 College St. median.
Attachment A is hereby incorporated herein by reference and made a part hereof as if
written word for word. However, in case of conflict in the language of Attachment A and
this Contract, the terms and conditions of this Contract shall be final and binding upon
both parties hereto.
III.
Payment for Services
Total payment for services described herein shall not exceed the total amount of
THIRTY NINE THOUSAND TWO HUNDRED AND FIVE DOLLARS AND NO/100
CENTS ($39,205.00) in accordance with Attachment B, CONTRACTOR's bid,
incorporated herein by reference for all purposes. This total payment for services includes
CONTRACTOR's ordinary expenses such as salary costs, overhead, direct expenses and
profit. Additional expenses, which are extraordinary in nature, shall be approved in
advance by CITY in writing signed by the parties. Such extraordinary expenses may be
paid as incurred and billed to the CITY pursuant to this Contract over and above the total
payment amount identified in this provision. Any extraordinary expenses not approved
in writing in advance by the CITY shall remain the sole responsibility of the
CONTRACTOR.
CONTRACTOR will bill CITY monthly. Each invoice shall provide supporting
information describing the work completed. If additional services or expenses are
requested, CONTRACTOR will not provide such additional services until authorized by
CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall
not be required to pay any amount in excess of the amount identified in the preceding
paragraph unless CITY shall have approved in writing in advance (prior to the
performance of additional work) the payment of additional amounts.
Within thirty (30) days of receipt of each such invoice, CITY shall make payment
in the amount shown by CONTRACTOR's approved statements and other documentation
submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas
Government Code §§ 2251.001, et seq.
Nothing contained in this Contract shall require CITY to pay for any work that is
unsatisfactory as determined by CITY or which is not submitted in compliance with the
terms of this Contract, nor shall failure to withhold payment pursuant to the provisions
of this section constitute a waiver of any right, at law or in equity, which CITY may have
if CONTRACTOR is in default, including the right to bring legal action for damages or
for specific performance of this Contract. Waiver of any default under this Contract shall
not be deemed a waiver of any subsequent default.
IV.
Revisions of the Scope of Services
CITY reserves the right to revise or expand the scope of services after due approval
by CITY as CITY may deem necessary, but in such event CITY shall pay CONTRACTOR
equitable compensation for such services. In any event, when CONTRACTOR is directed
to revise or expand the scope of services under this Section of the Contract,
CONTRACTOR shall provide CITY a written proposal for the entire cost involved in
performing such additional services. Prior to CONTRACTOR undertaking any revised
or expanded services as directed by CITY under this Contract, CITY must authorize in
writing the nature and scope of the services and accept the method and amount of
compensation and the time involved in all phases of the Project.
It is expressly understood and agreed by CONTRACTOR that any compensation
not specified in Paragraph III hereinabove may require approval by the City Council and
is subject to the current budget year limitations.
V.
Term and Time of Performance
The effective date of this Contract shall be February 14, 2024, and shall conclude
on December 31, 2024 (the "initial term"). This Contract shall automatically renew for
up to four (4) one-year renewal terms, for a total of five one-year terms inclusive of the
initial and renewal terms subject to the CITY'S appropriation of funds in each budget
year affected by this Contract. Either party may opt out of any or all renewal terms by
giving the other party written notice no later than thirty (30) days prior to the expiration
of a term in accordance with Section XVIII herein.
The CONTRACTOR shall commence services upon execution of this Contract.
VI.
Contract Termination Provision
This Contract may be terminated at any time by CITY for any cause by providing
CONTRACTOR thirty (30) days written notice of such termination. Upon receipt of such
notice, CONTRACTOR shall immediately terminate working on, placing orders or
entering into contracts for supplies, assistance, facilities or materials in connection with
this Contract and shall proceed to promptly cancel all existing contracts insofar as they
are related to this Contract. The CITY will only be obligated to compensate the
CONTRACTOR in a just and equitable manner for those services performed prior to the
effective date of termination and upon the CONTRACTOR's submitting a statement of
actual services performed and payment requested.
VII.
Ownership of Documents
All materials and documents prepared or assembled by CONTRACTOR under this
Contract shall become the sole property of CITY and shall be delivered to CITY without
restriction on future use. CONTRACTOR may retain in its files copies of all drawings,
specifications and all other pertinent information for the work. CONTRACTOR shall
have no liability for changes made to any materials or other documents by others
subsequent to the completion of the Contract.
VIII.
Insurance Re uirements
Before commencing work, the CONTRACTOR shall, at its own expense, procure,
pay for and maintain during the term of this Contract insurance in accordance with the
requirements set forth in Attachment C hereto, written by companies approved by the
State of Texas, and acceptable to the City of Paris. The CONTRACTOR shall furnish to
the City Clerk copies of the insurance policies required herein stating coverages, limits,
expiration dates and compliance with all applicable required provisions. Policies shall
reference the project and be addressed as follows:
City of Paris
150 SE First St
Paris TX 75460
IX.
Right to Inspect Records
CONTRACTOR agrees that CITY shall have access to and the right to examine
any books, documents, papers and records of CONTRACTOR involving transactions
relating to this Contract. CONTRACTOR agrees that CITY shall have access during
normal working hours to all necessary CONTRACTOR facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. CITY shall give CONTRACTOR reasonable advance notice
of intended audits.
CONTRACTOR further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that CITY shall have access to and the right to examine any
directly pertinent books, documents, papers and records of such engineer or sub-
contractor involving transactions to the subcontract, and further, that CITY shall have
access during normal working hours to all such sub -contractor facilities and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of the paragraph. CITY shall give any such sub -contractor reasonable
advance notice of intended audits.
X.
Successors and Assi ins
CITY and CONTRACTOR each bind themselves and their successors, executors,
administrators and assigns to the other party to this contract and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of
this Contract. Neither CITY nor CONTRACTOR shall assign or transfer its interest
herein without the prior written consent of the other.
XI.
Contractor's Liability and Warrant
Acceptance of the final work by the CITY shall not constitute nor be deemed a
release of the responsibility and liability of CONTRACTOR, its employees, associates,
agents or CONTRACTORS for the acceptable completeness of the work; nor shall such
acceptance be deemed an assumption of responsibility by CITY for any defect in the
work; nor shall such acceptance be deemed an assumption of responsibility by CITY for
any defect in the work prepared by said CONTRACTOR, its employees, associates,
agents or subcontractors.
CONTRACTOR herein provides a one (1) year warranty on workmanship and a
five (5) year warranty on the plaster. CONTRACTOR further provides a thirty (30) day
warranty on tile, brick, and rock repairs.
XII.
INDEMNIFICATION
CONTRACTOR DOES HEREBY COVENANT AND CONTRACT TO
WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD
HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND
AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND
AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES,
PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR
RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT
AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR
NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR CONTRACTOR'S
SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF
EITHER CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS (THE
"INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL
GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND
REMEDIES CODE, § 130.002(B).
BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE
PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE
CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL
AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER.
INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS'
FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS.
INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING
REASONABLE ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE
THIS INDEMNITY.
XIII.
Independent Contractor
CONTRACTOR's status shall be that of an Independent Contractor and not an
agent, servant, employee or representative of CITY in the performance of this Contract.
No term or provision of or act of CONTRACTOR or CITY under this Contract shall be
construed as changing that status. CONTRACTOR will have exclusive control of and the
exclusive right to control the details of the work performed hereunder, and shall be liable
for the acts and omissions of its officers, agents, employees, contractors, subcontractors
and engineers and the doctrine of respondeat superior shall not apply as between CITY
and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and
engineers, and nothing herein shall be construed as creating a partnership or joint
enterprise between CITY and CONTRACTOR. CITY and CONTRACTOR shall not be
construed to be in any type of joint venture with respect to the scope of work set forth in
this Contract.
XIV.
If at any time during the term of this Contract, CONTRACTOR shall fail to
provide services in an efficient, timely and careful manner and in strict accordance with
the provisions of this Contract or fail to use an adequate number or quality of personnel
to complete the work or fail to perform any of its obligations under this Contract, then
CITY shall have the right, if CONTRACTOR shall not cure any such default after thirty
(30) days written notice thereof, to terminate this Contract. Any such act by CITY shall
not be deemed a waiver of any other right or remedy of CITY. If after exercising any
such remedy due to CONTRACTOR's nonperformance under this Contract, the cost to
CITY to complete the work to be performed under this Contract is in excess of that part
of the Contract sum which has not theretofore been paid to CONTRACTOR hereunder,
CONTRACTOR shall be liable for and shall reimburse CITY for such excess.
CONTRACTOR'S liabilitp under this pr(iVi-,�inn--%WLb-cAimitedAoAhe-toW-d&hranimm-t
of this Contract.
This Section XIV shall not supersede and shall be in addition to CITY's right under
Section VI to terminate this contract for any reason upon thirty (30) days' written notice
of such termination.
CITY's remedies for CONTRACTOR's default or breach under this Contract shall
be one or more of the following remedies which may be exercised separately or in
combination at CITY's sole exclusive choice:
(a) Specific performance of the Contract;
(b) Re -performance of this Contract at no extra charge to CITY; or,
(c) Monetary damages in an amount not to exceed the greater of*
(1) The amount of any applicable insurance coverage CONTRACTOR is
required to purchase and maintain under this Contract plus any deductible
amount to be paid by CONTRACTOR in conjunction with said coverage
regardless of whether CONTRACTOR has actually purchased and
maintained said coverage; or,
(2) The total dollar amount of this Contract.
The terms of Sections XII entitled Indemnification, and XVII entitled Confidential
Information shall survive termination of this Contract.
XV.
Chan yes
CITY may, from time to time, require changes in the scope of services to be
performed under this Contract. Such changes as are mutually agreed upon by and between
CITY and CONTRACTOR shall be incorporated by written modification to this Contract.
XVI.
Conflict of Interest
CONTRACTOR covenants and agrees that CONTRACTOR and its associates and
employees will have no interest, and will acquire no interest, either direct or indirect,
which will conflict in any manner with the performance of the services called for under
this Contract. All activities, investigations and other efforts made by CONTRACTOR
pursuant to this Contract will be conducted by employees, associates or subcontractors
of CONTRACTOR.
XVII.
Confidential Information
CONTRACTOR hereby acknowledges and agrees that its representatives may have
access to or otherwise receive information during the furtherance of its obligations in
accordance with this Contract, which is of a confidential, non-public or proprietary
nature. CONTRACTOR shall treat any such information received in full confidence and
will not disclose or appropriate such Confidential Information for its own use or the use
of any third party at any time during or subsequent to this Contract. As used herein,
"Confidential Information" means all oral and written information concerning City of
Paris, its affiliates and subsidiaries, and all oral and written information concerning CITY
or its activities, that is of a non-public, proprietary or confidential nature including,
without limitation, information pertaining to customer lists, services, methods, processes
and operating procedures, together with all analyses, compilation, studies or other
documents, whether prepared by CONTRACTOR or others, which contain or otherwise
reflect such information. The term "Confidential Information" shall not include such
materials that are or become generally available to the public other than as a result of
disclosure by CONTRACTOR, or are required to be disclosed by a governmental
authority or pursuant to a properly submitted request under the Texas Public Information
Act.
XVIII.
Mailing Address
All notices and communications under this CONTRACT to be mailed to CITY
shall be sent to the address of CITY's agent as follows, unless and until CONTRACTOR
is otherwise notified:
Grayson Path
City Manager
City of Paris
Post Office Box 9037
Paris, Texas 75461
Notices and communications to be mailed or delivered to CONTRACTOR shall be
sent to the address of CONTRACTOR as follows, unless and until CITY is otherwise
notified:
Jerry Green
3610 Clement Road
Paris, TX 75460
Any notices and communications required to be given in writing by one party to
the other shall be considered as having been given to the addressee on the date the notice
or communication is posted, faxed or personally delivered by the sending party.
XIX.
Alicable Law
The CONTRACT is entered into subject to the Paris City Charter and ordinances
of CITY, as same may be amended from time to time, and is subject to and is to be
construed, governed and enforced under all applicable State of Texas and federal laws.
CONTRACTOR will make any and all reports required per federal, state or local law
including, but not limited to, proper reporting to the Internal Revenue Service, as required
in accordance with CONTRACTOR's income. Situs of this Contract is agreed to be
Lamar County, Texas, for all purposes, including performance and execution.
XX.
Severabilit
If any of the terms, provisions, covenants, conditions or any other part of this
Contract are for any reason held to be invalid, void or unenforceable, the remainder of
the terms, provisions, covenants, conditions or any other part of this Contract shall remain
in full force and effect and shall in no way be affected, impaired or invalidated.
XXI.
Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition of
this Contract may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to
be performed pursuant to this Contract.
XXII.
Entire A reement
This Contract embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporaneous agreements between the parties relating
to matters herein, and except as otherwise provided herein cannot be modified without
written agreement of the parties.
XXIII.
Non -Waiver
It is further agreed that one (1) or more instances of forbearance by CITY in the
exercise of its rights herein shall in no way constitute a waiver thereof.
XXIV.
Headings
The headings of this Contract are for the convenience of reference only and shall
not affect any of the terms and conditions hereof in any manner.
XV.
Venue
The parties to this Contract agree and covenant that this Contract will be
enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract,
exclusive venue will lie in Lamar County, Texas, or in the United States District Court
for the Eastern District of Texas, Sherman Division.
XXVI.
No Third Party Beneficiary
For purposes of this Contract, including its intended operation and effect, the
parties (CITY and CONTRACTOR) specifically agree and contract that: (1) the Contract
only affects matters/disputes between the parties to this Contract, and is in no way
intended by the parties to benefit or otherwise affect any third person or entity
notwithstanding the fact that such third person or entity may be in contractual relationship
with CITY or CONTRACTOR or both; and (2) the terms of this Contract are not intended
to release, either by contract or operation of law, any third person or entity from
obligations owing by them to either CITY or CONTRACTOR.
XXVII
Incorporation of Provisions Re uired b Law
Each provision and clause required by law to be inserted into the Contract shall
be deemed to be enacted herein and this Contract shall be read and enforced as though
each were included herein. If through mistake or otherwise any such provision is not
inserted or is not correctly inserted, the Contract shall be amended to make such
insertion on application by either party.
XXVIII
E ual Employment Opportunitj
In the performance of this Contract, the CONTRACTOR will not discriminate
against any employee or applicant for employment because of race, color, religion, age,
sex, national origin or any other protected class.
XXIX
Form 1295
CONTRACTOR, in compliance with the laws of the State of Texas, will
execute and file Form 1295, notice of interested parties, which can be found on
the website of the Texas Ethics Commission at
11°��.f:=���aA������r ��lin���^�^;w�°�6a.���m..u�^u�;�������.w.���(`�•�l�`�������,1��;11 ii�����'�..���an� ;�����,.
XXX
Mandator Non-Bovcott and other Provisions
Contractor acknowledges this Agreement may be terminated and payment
withheld if this certification is inaccurate. Pursuant to Section 2271.002 of the
Texas Government Code, Contractor certifies that either (i) it meets an exemption
criterion under Section 2271.002; or (ii) it does not boycott Israel and will not
boycott Israel during the term of the Agreement. Contractor acknowledges this
Agreement may be terminated and payment withheld if this certification is
inaccurate. Pursuant to SB 13, 87th Texas Legislature, Contractor certifies that
either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or
(ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th
Texas Legislature, and will not boycott energy companies during the term of the
Agreement. Contractor acknowledges this Agreement may be terminated and
payment withheld if this certification is inaccurate. Pursuant to SB 19, 87th Texas
Legislature, Contractor certifies that either (i) it meets an exemption criterion
under SB 19, 87th Texas Legislature, or (ii) it does not discriminate against a
firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th
Texas Legislature, and will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement. Contractor acknowledges this
Agreement may be terminated and payment withheld if this certification is
inaccurate. Pursuant to Subchapter F, Chapter 2252, Texas Government Code,
Contractor certifies that Contractor is not engaged in business with Iran, Sudan,
or a foreign terrorist organization. Contractor acknowledges this Agreement may
be terminated and payment withheld if this certification is inaccurate.
ATTEST:
Janice Ellis
City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris
City Attorney
CITY OF PARIS
LE
GRAYSON PATH
City Manager
Date Signed:
Green's Lawn Service
By: Jerry Green
Title:
[Remainder of page left blank intentionally.]
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared GRAYSON PATH, City Manager of the CITY OF PARIS, a Texas
Municipal Corporation, known to me to be the person who's name is subscribed to the
foregoing instrument, and acknowledged to me that he has executed the same on the
City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF w, 2024.
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF LAMAR §
.._ day of
This instrument was acknowledgede ore me on the
2023, by Jay Green in his capacity as _ of Green's Lawn Service of Paris,
Texas, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged that he executed the same on behalf of and as the act of
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF , 2024.
Notary Public .. County, Texas
My commission expires . m_w
Attachment A
During the growing season, all areas listed below will have maintenance performed on a weekly and
biweekly basis or on an *as -needed* basis, as "deter , min , e , t ' he , appointee for tha)
property. This will include an estimated twenty six (26) mows per year every 7 to 10 days or as
needed for all 'A"properties. An estimated seventeen (17) mowings per year every I I to 21 days, or as
needed for'B " properties and an estimated twelve (12) mowings per year every three to five weeks for
'U" properties. The mowing schedule to be followed is attached. Additional mowings could b+
requested on any ofthe individual areas to be mowed. Any partial mow or adjustment ofproperty size,
regardless of reason, will reflect a partial payment of same percentage of adjustment. Any adjustmeni
of mowings and payments require separate invoices. The Fountain Plaza a n d Culbertson tennis cour'i
area will be required to be mowed with a push -type mower. This schedule may be adjusted due to
weather conditions.
*as -needed" is determined by city appointee
2. The City will give three (3) to five (5) days advance notice for mowing any given location when
additional mows are needed or any scheduled change,
lira
clipping and leaves off hard surface areas-, trim applicable hedges and shrubs on property (per
sr.# ecifications bw the ci - k remove weeds, debris and leaves from E4WAr,(97gLR
The contractor is also responsible i6r mowing, trimming and leaf control through the summer months
and on an as -needed basis through the winter months.
4. Contractor may use subcontractors to perform up to fifty percent (50%) of the contract. Contractor
will be solely responsible for supervising said subcontractors and for obtaining insurance coverage for
all subcontractors performing work under this contract. All subcontractors and equipment must be
approved by the City of Paris prior to any work being performed. Contractor must notify the city
appointee as to who their subcontractor is and provide proof of insurance.
All litter and debris will be removed by the contractor prior to mowing. No separate pay item will be
allowed for litter control. Any paper, cans, or bottles cut or broken during maintenance operations
shall be completely removed from the site immediately prior to proceeding with the maintenance of
other areas. Contractor is responsible for any cost as result from damage by their employees, equipment
orprocedures to facilities during visits.
Any area that contains a creek, drainage area or channel shall bemowed or weedeated to conform with
t he rest of property. Trimming around trees, shrubs, fences and all other obstructions will be
performed using mechanical devices and/or hand labor when necessary. Weeds growing in cracks of
curbing, sidewalks, pavestone and or concrete shall be removed by contractor.
7. Sidewalks and other pedestrian areas must be swept or blown clean after each cycle. It cannot be
blown into streets or sewers - it must be picked up.
8. Mowing and trimming of weeds and grass over the entire area is to be completed to specifications
before moving to the next property.
9. Shrubs and ground covers shall be hedged, pruned, or trimmed by the contractor on a regular basis on
all contracted city properties during the mowing season. All resultant debris shall be removed by the
contractor at his/her expense. Trimming of large trees will be performed by Parks Department
personnel and will not be considered part of the contractor's responsibilities.
10. Contractor shall remove all weeds from flower beds upon evei y maintenance cycle. This will include
weeding the planters on the exterior sidewalks ofthe plaza.
11. Bidders should include a list of references for whom they have performed grounds maintenance
during the past three (3) years. (Page attached to be completed.)
12. This contract shall be effective upon execution by the Paris city manager and will end December
3 l't. The city will have the option to renew this contract, with contractor's agreement, for three
additional twelve (12) month terms with each renewal period beginning January 1". Notice of
renewal will be given to contractor within sixty (60) days prior to the end of the contract period.
13. Contractor and all subcontractors shall at all times during the initial term ofthis contract or any renewals
thereof maintain a policy or policies of insurance which fully meets the requirements ofthe Insurance
Requirements and Insurance Checklist attached hereto as Exhibit "A" and made a part hereof.
14. Contractor must currently own or operate a landscaping company at time of bid submission and
contractor must own or possess the equipment necessary to perform the work required. Noexceptions.
A. The contractor(s) shall provide his/her own equipment, labor, fuel and any other materials
necessary to complete the required work. The contractor(s) shall be responsible for the
maintenance and repair of his/her own equipment and the availability, presence and supervision
ofhis/her own employees.
1*.�. The contractor(s) is required to have a competent and experienced supervisor/foreman, witli
each work group at all times. The supeivisor/foreman referred to herein may be a working
foreman operating a mower or other equipment. This supervisor/foreman must be able to
communicate effectively with the city appointee. All workers employed by contracting company
will be subject to a background search. The contractor will submit a list of all current employees
with the bid documents.
5. The city reserves the night to request additional mowings on an individual basis as determined by
the City of Paris appointee. The city reserves the right to add or subtract from the quantity or
frequency of areas to be mowed as needed and the monthly payments will be adjusted accordingly.
16. In the event contractor is requested to perform additional mowings (anything over the designated
limit per propei-ty/park/median) they shall invoice the city separately for this work. Thesarnepropeity
rate for the additional work shall apply
2
17. No property shall be mowed prior to the designated cycle time as per specifications.
18. Bidders are encouraged to contact the Parks Department or the Director ofPublic Works at 903.784.9289
for assistance determining property boundaries for mowing and maintenance. Various changes have
been made regarding facility boundaries since the lastproject.
19. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and
to award the bid as may be most advantageous to the city.
20. The mowing of all sites shall include the mowing and trimming of all grass and weeds within each
area.
21. All property to be mowed will be on contractor mowing list contained in the approved packet.
22. Alternate mowing service maybe revised bythe city appointee as conditions warrant.
23. Clippings shall not be blown into the street or roadway. Any excessive grass clippings causing piles
or wind rows in parks are required to be raked up and removed.
24. Care shall be taken to protect trees and shrubs from damage by mowing and trimming equipment.
25. Turf -type tires will be mandatory on all equipment to avoid turf damage and rutting
26. A shredder will be allowed on once -a -month propel -ties only.
27. Each property is to be bid separately and will be awarded on an individual basis.
28. Not all properties will be awarded (determination is based on budget allowances).
A B C
Every 7-10 Days Every 11-21 Days Ever , -5weed
1. Bywaters Park
2. Courthouse - North
3. Courthouse - West
4. Culbertson Park
5. Farmers Market/Skate Park
6. Gateway
7. Heritage Park
8. Lake Crook Park
9. Leon Williams Park
10. Oak Park
11. Paris Aquatic Center
12. Culbertson Fountain and
Plaza
13. Sports Complex
14. Wade Park
15. Wise Field
1.
101 NE Park
2.
82 W Roadside Park
3.
271 N Roadside Park
4.
Cherry St Cemetery
5.
Chisum Memorial
6.
Dragon Park
7.
Eastgate Park
8.
Ellis Park
9.
Mrs. Joan Mathis Park
10.
Pauper Cemetery
11.
Travis Tennis Courts
12.
Walker Park and
IeNW & Shiloh Median
1. 18t' SE & Neathery Median
2. 19t�, SE & Nethery Median
3. 2400 BK Lamar Lot
4. Plum St Water Basin
5. Ridgeview median & 32nd NE
6. 24' SE & Clarksville Median
7. 2200 College St Median
A. Properties High volume, occupied or frequent visitation by public (mow every 7- 10 days).
B. Properties Moderate volume, average visitation by public (mow every 11-21 days).
C. Properties Low volume. Random visitation by public or vacant areas (mow/shred every 3-5
weeks).
A. Property - mow every 7-10 days from April thru July 18
Property - mow every 14-21 days from August thru October 4
Property - mow once every other month from November thru April 4.
Total mows 26 mows per year
B. Property - mow every 11-21 days April - July 9
Property - mow every 21-28 days August - October 4
Property -mow every 6-8 weeks November -March
4
Total mows 17
C. Property - mow once a month year 'round 12 mows per year
4
Attachment B
r 1 i Z 6 °4i i f ` , t, ,y k I;7. 7, ti 7,
I/We hereby submit the following bid In acordance with the attached specifications for the fumlshing of labor, materials and equipment, and for pe
work required for grounds maintenance (mowing) on City of Paris parks and facilities.
Parks
Bywaters Park - 300 BK S Main
Courthouse
FarmersCourthouse - West
�,
'Gateway - 2100 BK 5 Church
yLake Crook Park - CR 31700
0 BK Bonham
4,
n Williams
...
- 700 W Henderson
Park - 2515 Bonham
City Pool - 1625 Clement
'Culbertson Fountain and Plaza
2005 S Collegiate
Wade Park - 2400 E Price
id ,: 4' v ,
10th NE Park
side Park
271 N Roadside Park
=117 '
Ellis Park - 1310 E Washington
Mrs Joan Mathis Park - 1300 -BK Johnson
Pauper,�emTravis Tennis Courts - 3270 Graham
Walker Park and 18th NW` & Shiloh Median
4..SE -&Neat
19th SE & �"Med;" 1 /
"
2400 `i, oJ
'"' •," .
Ridgeview Medianr.
24th SE & Clarksville Median
;+
2200 College St Median
1
Publish Dates: December 10, 2023
December 17, 2023
NOTICE TO BIDDERS
The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 1'
S.E., P.O. Box 9037, Paris, Texas 75461-9037, for Annual Grounds Maintenance.
There will be a Pre -Bid Conference at the City of Paris, Council Chambers, 107 E. Kaufman
Street at 10:00am on Tuesday, January 2, 2024, at which time contractors may ask questions
related to the Annual Grounds Maintenance bid process.
Bids will be received until 3:00pm on Thursday, January 4, 2024, at which time all bids will
be publicly opened at the City of Paris, Council Chambers, 107 E. Kaufman Street and read aloud.
All bids must be submitted on the City of Paris form(s). Clearly mark on the outside of the
°� Grounds Maintenance."
envelope Sealed Bid ,Annual n
G m m -,
Each property is to be bid separately and can be awarded on an individual basis.
Information, specifications and bid forms may be obtained at the Public Works Office, 50 West
Hickory Street, Paris, Texas 75460.
The City of Paris reserves the right to reject any and all bids, to waive any informality in bidding
and to award bids as may be advantageous to the City. Bids received after the deadline will be
returned to vendor unopened.
AGREEMENT FOR GROUNDS MAINTENANCE SPECIFICATIONS
1. During the growing season, all areas listed below will have maintenance performed on a weekly and
biweekly basis or on an *as -needed* basis, as determined by the... City of.Paris a1,cjgtee for that
property. This will include an estimated twenty six (26) mows per year every 7 to 10 days or as
needed for all "A"properties. An estimated seventeen (17) mowings per year every 11 to 21 days, or as
needed for'B"properties and an estimated twelve (12) mowings per year every three to five weeks for
V' properties. The mowing schedule to be followed is attached. Additional mowings could be
requested on any ofthe individual areas to be mowed. Any partial mow or adjustment ofproperty size,
regardless of reason, will reflect a partial payment of same percentage of adjustment. Any adjustment
of mowings and payments require separate invoices. The Fountain Plaza and Culbertson tennis court
area will be required to be mowed with a push -type mower. This schedule may be adjusted due to
weather conditions.
*as -needed" is determined by city appointee
2. The City will give -three (3) to five (5) days advance notice for mowing any given location, when
additional mows are needed or, any scheduled change.
Contractor is responsible for the following: Mow all existing grass or turf on property; weedeat around
all fence lines, trees, tables, pavilions, playground equipment or other applicable structures on
property; edge all applicable concrete including curb and sidewalks; remove all clippings; blow dust,
clippings and leaves off hard surface areas; trim applicable hedges and shrubs on property (per
specifications by the city appointee); remove weeds, debris and leaves from any applicable flower beds.
The contractor is also responsible for mowing, trimming and leaf control through the summer months
and on an a"eeded basis through the winter months.
4. Contractor may use subcontractors to perform up to fifty percent (50%) of the contract. Contractor
will be solely responsible for supervising said subcontractors and for obtaining insurance coverage for
all subcontractors performing work under this contract. All subcontractors and equipment must be
approved by the City of Paris prior to any work being performed. Contractor must notify the city
appointee as to who their subcontractor is and provide proof of insurance.
5. All litter and debris will be removed by the contractor prior to mowing. No separate pay item will be
allowed for litter control. Any paper, cans, or bottles cut or broken during maintenance operations
shall be completely removed from the site immediately prior to proceeding with the maintenance of
other areas. Contractor is responsible for any cost as result from damage by their employees, equipment
orprocedures to facilities during visits.
6. Any area that contains a creek, drainage area or channel shall be mowed or weedeated to conform with
t h e rest of property. Trimming around trees, shrubs, fences and all other obstructions will be
performed using mechanical devices and/or hand labor when necessary. Weeds growing in cracks of
curbing, sidewalks, pavestone and or concrete shall be removed by contractor.
7. Sidewalks and other pedestrian areas must be swept or blown clean after each cycle. It cannot be
blown into streets or sewers - it must be picked up.
8. Mowing and trimming of weeds and grass over the entire area is to be completed to specifications
before moving to the next property.
9. Shrubs and ground covers shall be hedged, pruned, or trimmed by the contractor on a regular basis on
all contracted city properties during the mowing season. All resultant debris shall be removed by the
contractor at his/her expense. Trimming of large trees will be performed by Parks Department
personnel and will not be considered part of the contractor's responsibilities.
10. Contractor shall remove all weeds from flower beds upon every maintenance cycle. This will include
weeding the planters on the exterior sidewalks ofthe plaza. '
11. Bidders should include a list of references for whom they have performed grounds maintenance
during the past three (3) years. (Page attached to be completed.)
12. This contract shall be effective upon execution by the Paris city manager and will end December
31st. The city will have the option to renew this contract, with contractor's agreement, for three
additional twelve (12) month terms with each renewal period beginning January 1st. Notice of
renewal will be .given to contractor within sixty (60) days prior to the end of the contract period.
13. Contractor and all subcontractors shall at all times during the initial term ofthis contract or any renewals
thereof maintain a policy or policies of insurance which fully meets the requirements of the Insurance
Requirements and Insurance Checklist attached hereto as Exhibit "A" and made a part hereof.
14. Contractor must currently own or operate a landscaping company at time of bid submission and
contractor must own or possess the equipment necessary to perform the work required. No exceptions.
A. The contractor(s) shall provide his/her own equipment, labor, fuel and any other materials
necessary to complete the required work. The contractor(s) shall be responsible for the
maintenance and repair of his/her own equipment and the availability, presence and supervision
of his/her own employees.
B. The contractor(s) is required to have a competent and experienced supervisor/foreman, with
each work group at all times. The supervisor/foreman referred to herein may be a working
foreman operating a mower or other equipment. This supervisor/foreman must be able to
communicate effectively with the city appointee. All workers employed by contracting company
will be subject to a background search. The contractor will submit a list of all current employees
with the bid documents.
15. The city reserves the right to request additional mowings on an individual basis as determined by
the City of Paris appointee. The city reserves the right to add or subtract from the quantity or
frequency of areas to be mowed as needed and the monthly, payments will be adjusted accordingly.
16. In the event contractor is requested to perform additional mowings (anything over the designated
limit per property/park/median) they shall invoice the city separately for this work. The same property
rate for the additional work shall apply,
17. No property shall be mowed prior to the designated cycle time as per specifications.
18. Bidders are encouraged to contact the Parks Department or the Director ofPublic Works at 903.784.9289
for assistance determining property boundaries for mowing and maintenance. Various changes have
been made regarding facility boundaries since the lastproject.
19. The City of Paris reserves the right to reject any or all bids, to waive any informality in bidding, and
to award the bid as may be most advantageous to the city.
20. The mowing of all sites shall include the mowing and trimming of all grass and weeds within each
area.
21. All property to be mowed will be on contractor mowing list contained in the approved packet.
22. Alternate mowing service may be revised bythe city appointee as conditions warrant.
23. Clippings shall not be blown into the street or roadway. Any excessive grass clippings causing piles
or wind rows in parks are required to be raked up and removed.
24. Care shall be taken to protect trees and shrubs from damage by mowing and trimming equipment.
25. Turf -type tires will be mandatory on all equipment to avoid turf damage and rutting.
26. A shredder will be allowed on once -a -month properties only.
27. Each property is to be bid separately and will be awarded on an individual basis.
28. Not all properties will be awarded (determination is based on budget allowances).
A B C
Every 7-10 Days Every 11-21 Days f, 3-5 weeks
1. Bywaters Park
2. Courthouse - North
3. Courthouse - West
4. Culbertson Park
5. Farmers Market/Skate Park
6. Gateway
7. Heritage Park
8. Lake Crook Park
9. Leon Williams Park
10. Oak Park
11. Paris Aquatic Center
12. Culbertson Fountain and
Plaza
13. Sports Complex
14. Wade Park
15. Wise Field
1. 1011 NE Park
2. 82 W Roadside Park
3. 271 N Roadside Park
4. Cherry St Cemetery
5. Chisum Memorial
6. Dragon Park
7. Eastgate Park
8. Ellis Park
9. Mrs. Joan Mathis Park
10, Pauper Cemetery
11. Travis Tennis Courts
12. Walker Park and
18hNW & Shiloh Median
1 181 SE & Neathery Median
2. 191 SE & Nethery Median
3. 2400 BK Lamar Lot
4. Plum St Water Basin
5. Ridgeview median & 32nd NE
6. 241' SE & Clarksville Median
7. 2200 College St Median
A. Properties High volume, occupied or frequent visitation by public (mow every 7-10 days).
B. Properties Moderate volume, average visitation by public (mow every 11-21 days).
C. Properties Low volume. Random visitation by public or vacant areas (mow/shred every 3-5
weeks).
A. Property - mow every 7-10 days from April thru July 18
Property - mow every 14-21 days from August thru October 4
Property - mow once every other month from November thru April 4
Total mows 26 mows per year
B. Property _ mow every 11-21 days April - July 9
Property - mow every 21-28 days August - October 4
Property - mow every 6-8 weeks November - March 4
Total mows 17
C. Property - mow once a month year 'round 12 mows per year
4
REFERENCES
1.) CONTACT PERSON:
. . . . . . . . . . . . . . . . . ...
__j - — - ----------
PHONEiW
2.) CONTACT PERSON:
PHONE#
3.) CONTACT PERSON:
.... .... ..
PHONEM
4.) CONTACT PER -SON: . . . . . .
PHONEff.
. .. ....... - — a -- I —
THE REFERENCE SECTION MUST BE COMPLETED IN FULL
TO BE CONSIDERED FOR AWARD.
R
INSURANCE REQUIREMENT AFFIDAVIT
TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT
MUST BE RETURNED AS PART -OFBID
I, the undersigned agent, certify the insurance requirements contained in this bid for
vendor/contractor/consultant/engineer/architect. If the City of Paris awards this contract, I will be able,
within ten (10) working days of notification of such award, to furnish a valid insurance certificate to the
City, mee;jng all of the requirements contained in this bid.
xgentls Signature Agent'.- Cint or Type)
Name oii�surapc�
am Carrier
w.
!:�
Address of Agency
ode
Name of Vendor
Phone Number
gineer/Architect (Print or Type)
o
SUBSCRIBED AND SWORN TO and before me this ',,",1`,'1 11 2
NTEZ5
NOTARY PUBLIC 1�
STATE OF TEXAS
ID # 134399088
r 2027
Note to Agent:
If this time requirement is not met, the City has the right to declare this vendor non -responsible and award the
contract to the next lowest bidder meeting the specifications. If you have any questions concerning these
requirements, please contact the City of Parig at..903.784.9289.
............ . .
Construction
Projects ("X" means the coverage is required.)
Coverage Required Limits (Figures Denote Minimums)
X 1. Workers' Compensation & Statutory limits -of State of Texas
Employers' Liability per state $100,000 accident $100,000 disease
requirements $500,000 policy limit disease
2. For Future Use $150,000 medical, safety program
3. City ApprovedAlternative
Workers' Comp. Program
X 4. General Liability
X 5. General aggregate applies per
project (CGL)
Minimum $250,000 each incident
$500,000 per occurrence
Complete entry No. 26
6. Premises/Operations (Items No. 3-10 & 12 require)
7. Independent Contractors $500,000 combined single
limit for bodily injury and property damage
X 8. Products
9.Completed Operations
10, Contractual Liability
11. Personal Injury Liability
12. XCU Coverages
13. Automobile Liability
14. Owned, Hired&Non-owned
15. Motor Carrier Act Endorsement
16. Professional Liability
7
Damage each occurrence with
$1,000,000 general aggregate that
applies to project under contract
$250,000 each incident
$500,000 per occurrence
$250,000 each incident
$500,000 per occurrence
$100,000 for property Damage
each accident
$500,000 Bodily Injury & Property
Damage each accident
17. Garage Liability $�
BI & PD each occurrence
18. Garage Keepers' Legal $�
Comprehensive
19. Owners' Protective Liability $�
Collision/$500,000 combined single limit
X 20. City named as additional insured on other than Workers Compensation. This
coverage is primary to all other coverages the city may possess.
X 21.City provided with Waiver of Subrogation on Workers' Compensation Alternative
program if applicable.
X 22. Ten (10) days notice of cancelation, non -renewal, material change or coverage
reduction endorsement required. The words "endeavor to" and "but failure" (at end of sentence)
are to be eliminated from the Notice of Cancellation provision on standard ACORD certificates.
23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or
Standard and Poor's Rating AA or better; Authorized to do business in the State of Texas (not
applicable for workers' compensation assigned through pool or alternative compensation
programs).
X 24. The Certificate must state bid number and bid title or project name.
25. Other Insurance Required:
INSURANCE AGENT'S ST TEMENT
I have reviewed these requirements with the bidder named below. Additionally:
X 26.The above policy(s) carry the following deductibles: Full limits of coverage available
for General Liability and Automobile Liability.
X 27.Liability policies are (indicate):
w,
Insurance Age
Ja
Signature
1� 1�
_ Date _ .n
OCCURRENCE [ ] CLAIMS MADE [ ]
8
CERTIFICATE OF LIABILITY INSURANCE
THS CGIONWATEIS IS61J®AS A HATTBt OF Rii>RNIATIDN CMY AN D C0N1q= NO R%GNr3 UPON THECOMCATJ!i d THIS
0111M OATEOMNOFAFARMATIVELYORHEGATR/BLYAMENRMMORALTIERTHECOVEIM(MAFFORDW11fTiEPOLICIS
BELOW. THIS M1E10ATEOFOMMNCB000 NOT CONSTITYMA CONTRACTBETWEt THE OWN 116t110"), AI1r=M=
IMPCRrANr, IN she eaftitkate holder Is. an ADDITIONAL IB UREEk the polky(les) must have ADMTK NAL INSS6MOprovisions or be endensed
df SUBMWATM 0 WAIVM subject to the terms and Gond Wens of the poDey, sertaln policies may require an endorsement. A statement on
this eertiNeafe dean not solder rights to the attMleste holder to lieu of such endersamem(s).
PRODUCER C01f70LT hA !°AS'�9Ballardhwm2ace a lac.
....... _ _.......w...
Ballard Insu ce Agency lea n"E ry
AmafDal
aeus®
Green's Lavin Service
3610 ClententRd
Paris, TX 75460
COVE C84Yff7CA7E H11Lfgt
BBIIBION�
7NIg IB TO CERTIFY TNAT7HE PDUCIFS OF INSURANCE LISTED EELOW NAVE BEEN ISSUED TO TIE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTYWTHSTANUING ANY REOUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUTAW Wn i RESPECTTO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALLTHE TERM
EADWSIONS'AND CONDITIONS OF SUCH POLICIES. 1IATTS BROWN MAY HAVE BEEN REDUCED BY PND CLAIMS.
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6tyofParis
133 SE 1st
Pati%, TX 75460
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EDPUTAMON DATE THEREOF. NOTICE WILL DE VELPARED m
ACCORDANCE wn” THE POLICY PROVISIONS.
, , ®1986-816 ACM CORPOR UK A6 rights reserved.
ACIDRD26 t20 =3) The ACOINname and logo are registered marks of ACORD
Attachment C
INSURANCE REQUIREMENTS
1. General Insurance Re uirements:
1.1 The Contractor shall not start work under this Contract until the Contractor
has obtained at his own expense all of the insurance called for hereunder
and such insurance has been approved by the City; nor shall the Contractor
allow any subcontractor to start work on any subcontract until all insurance
required of the subcontractor has been so obtained and approved by the
Contractor. Contractor must submit appropriate certificates of insurance
detailing the required coverage before the contract can be awarded. In
certain instances, properly signed policy endorsements and/or certified
copies of insurance policies showing the required coverage will be required.
1.2 The Contractor shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liability insurance, in the same manner as specified for the
Contractor. The Contractor shall furnish subcontractors' certificates of
insurance to the City immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the
following provision: "It is agreed that this policy is not subject to
cancellation, non -renewal, material change, or reduction in coverage until
ten (10) days prior written notice has been given to the City Engineer, City
of Paris".
1.4 No acceptance and/or approval of any insurance by the City shall be
construed as relieving or excusing the Contractor, or the surety, or its bond,
from any liability or obligation imposed upon either or both of them by the
provisions of the Contract Documents.
1.5 The City of Paris (including its elected officials, officers and employees) is
to be named as an additional insured under all insurance policies under this
Contract except Workers' Compensation and Automobile Liability, and the
certificate of insurance, or the certified policy, if requested, must so state.
Coverage afforded under this paragraph shall be primary as respects the
City, its elected officials, officers and employees.
1.6 The Contractor shall provide insurance coverage for this contract and/or
project as specified in the "Insurance Checklist" attached hereto. Full limits
of insurance required by the checklist attached shall be available for claims
arising out of this contract and/or project. A copy of the insurance policies
and/or endorsements issued for this project or properly executed Acord
Certificate shall be submitted to the City prior to commencement of work.
1.7 The Contractor covenants to save, defend, hold harmless and indemnify the
City and its elected officials, officers and employees (collectively the
"City") from and against any and all claims, loss, damage, injury, cost
(including court costs and attorney's fees), charges, liability or exposure,
however caused, resulting from or arising out of or in any way connected
with the Contractor's performance or non-performance of the terms of the
Contract Documents or its obligations under the Contract. This
indemnification shall continue in full force and effect until the Contractor
completes all of the work required under the Contract, except that
indemnification shall continue for all claims involving products or
completed operations after final acceptance of the work by the City for
which the City gives notice to the Contractor after the City's final
acceptance of the work.
1.8 The Contractor shall be responsible for the work performed under the
contract and every part thereof, and for all materials, tools, equipment,
appliances, and property of any and all descriptions used in connection with
the work. The Contractor assumes all risks for direct and indirect damage
or injury to the property or persons used or employed on or in connection
with the work contracted for, and of all damage or injury to any person or
property wherever located, resulting from any action, omission,
commission or operation under the Contract, or in connection in any way
whatsoever with the contracted work, until final acceptance of the work by
the City.
1.9 Insurance coverage required in these specifications shall be in force
throughout the Contract Term. Should the Contractor fail to provide
acceptable evidence of current insurance within seven (7) days of written
notice at any time during the Contract Term, the City shall have the absolute
right to terminate the Contract without any further obligation to the
Contractor, and the Contractor shall be liable to the City for the entire
additional cost of procuring performance and the cost of performing the
incomplete portion of the Contract at time of termination.
1.10 Contractual and other liability insurance provided under this Contract shall
not contain a supervision, inspection or engineering services exclusion that
would preclude the City from supervising or inspecting the project as to the
end result. The Contractor shall assume all on-the-job responsibilities as
to the control of persons directly employed by it and of the subcontractors
and any persons employed by the subcontractor.
1.11 Nothing contained in the specifications shall be construed as creating any
contractual relationship between any subcontractor and the City. The
Contractor shall be as fully responsible to the City for the acts and
omissions of the subcontractors and of persons employed by them as it is
for acts and omissions of persons directly employed by it.
1.12 Precaution shall be exercised by the Contractor at all times for the
protection of persons, (including employees) and property. All existing
structures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Contractor and
its subcontractors during the term of the Contract, and the Contractor shall
be held responsible for any damage to property occurring by reason of its
operation on the property.
1.13 All required insurance coverage must be acquired from insurers authorized
to do business in the State of Texas and acceptable to the City. The City
prefers that all insurers also have a policyholder's rating of "A-" or better,
and a financial size of "Class VI" or better in the latest edition of A.M. Best,
or A or better by Standard and Poors; exceptions to this policy may only be
approved in writing by the City Manager or City Finance Director.
1.14 The City will consider deductible amounts as part of its review of the
financial stability of the bidder. Any deductibles shall be disclosed in the
Checklist and all deductibles will be assumed by the Contractor.
Contractor/Vendor may be required to provide proof of financial ability to
cover deductibles, or may be required to post a bond to cover deductibles.
2. Contractor's Insurance - "Occurrence" Basis:
2.1 The Contractor shall purchase the following insurance coverage, including
the terms, provisions and limits shown in the Checklist.
2. 1.1 Commercial General Liability - Such Commercial General Liability policy shall
include any or all of the following as indicated on the Checklist:
i. General aggregate limit is to apply per project.
ii. Premises/Operations:
iii. Actions of Independent Contractors;
iv. Products/Completed Operations to be maintained for one year.
Final completion and acceptance of the work, with evidence of same
filed with owner.
V. Contractual Liability including protection for the Contractor from
claims arising out of liability assumed under this contract;
vi. Personal Injury Liability including coverage for offenses related to
employment;
vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable.
Coverage required for any and all work involving drilling,
excavation, etc.
2.1.2 Business Automobile Liability including coverage for any owned, hired, or
non -owned motor vehicles and automobile contractual liability.
2.1.3 Workers' Compensation - statutory benefits as required by the State of
Texas, or other laws as required by labor union agreements, including
Employers' Liability coverage.
2.2 Owner's Protective Liability Insurance:
In addition to the insurance described above, the Contractor shall obtain,
pay for and maintain at all times during the prosecution of the work under
the contract, an owner's protective liability insurance policy naming the
Owner and Engineer as insured for property damage and bodily injury,
including death, which may arise in the prosecution of the work or
Contractor's operation under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance.
Limits of liability shall be as follows:
Bodily Injury $500,000 each occurrence
Property Damage $500,000 each occurrence
4
INSURANCE CHECKLIST
Construction Projects
("X" means the coverage is required.)
Coverage Rec. uired
X 1. Workers' Compensation &
Employers' Liability
disease
2. For Future Use
® 3. City Approved Alternative
program
Workers' Comp. Program
X 4. General Liability
X 5. General aggregate applies
per project (CGL)
X 6. Premises/Operations
X 7. Independent Contractors
X 8. Products
X 9. Completed Operations
X 10. Contractual Liability
X 11. Personal Injury Liability
X 12. XCU Coverages
X 13. Automobile Liability
Property
Limits (Figures Denote Minimums
Statutory limits of State of Texas
$100,000 accident $100,000
$500,000 policy limit disease
$150,000 medical, safety
Minimum $500,000 each incident
$1,000,000 occurrence
Complete entry No. 26
(Items No. 3-10 & 12 require)
$500,000 combined single limit
for bodily injury and property damage
damage each occurrence with
$1,000,000 general aggregate that
applies to project under contract
$500,000 each offense & aggregate
$500,000 Bodily Injury &
X 14. Owned, Hired & Non -owned Damage each accident
15. Motor Carrier Act Endorsement
16. Professional Liability $500,000 Bodily Injury &
Property Damage each accident.
17. Garage Liability $ BI & PD each occurrence
18. Garage keepers' Legal $ - Comprehensive
$ - Collision
X 19. Owners Protective $500,000 Combined single limits
Liability
X 20. City named as additional insured on other than W/C and Auto. This coverage is
primary to all other coverages the City may possess.
X 21. City provided with Waiver of Subrogation on Workers' Compensation or
Alternative program if applicable.
X 22. Ten (10) days notice of cancellation, non -renewal, material change or coverage
reduction endorsement required. The words "endeavor to" and "but failure" (to end of
sentence) are to be eliminated from the Notice of Cancellation provision on standard
ACORD certificates.
X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or
Standard and Poor's Rating AA or better; authorized to do business in the State of Texas
(not applicable for workers' compensation assigned through pool or alternative
compensation programs).
X 24. The Certificate must state bid number and bid title or project name.
25. Other Insurance Required: N/A