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2008-010-RES-Approving the Bids and Awarding the contracts for furnishing the labor, materials, and equipment, and for performing all work required for grounds maintenance (mowing) on City of Paris Parks and Facilities to the lowestRESOLUTION N0. 2008-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE BIDS AND AWARDING THE CONTRACTS FOR FURNISHING THE LABOR, MATERIALS, AND EQUIPMENT, AND FOR PERFORMING ALL WORK REQUIRED FOR GROUNDS MAINTENANCE (MOWING) ON CITY OF PARIS PARKS AND FACILITIES TO THE LOWEST RESPONSIBLE BIDDERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for furnishing labor, materials, and equipment and for performing all work required for grounds maintenance (mowing) on City of Paris parks and facilities, which bids were received until 3:00 o'clock p.m., Tuesday, February 5, 2008; and, WHEREAS, the lowest responsible bid for grounds maintenance (mowing) at Eastgate Park, Chisum Memorial and 24th St. SE & Clarksville as shown on the attached bid tabulation was made by Powell Landscaping, 2709 E. Cherry St., Paris, Texas 75460, and the contract should be awarded to Powell Landscaping in accordance with the terms and conditions set out in the bid documents attached hereto as Exhibit A. WHEREAS, the lowest responsible bid for grounds maintenance at the remaining thirty-seven (37) locations as shown on the attached bid tabulation was made by K&B Lawn Care, 309 E. Main, Hugo, OK 74743, and the contract should be awarded to K&B Lawn Care in accordance with the terms and conditions set out in the bid documents attached hereto as Exhibit B. WHEREAS, if either of the low bidders referenced herein is unable to enter into a contract with the City of Paris or is unable to satisfy all terms and conditions set out in the Bid Documents attached hereto, then the alternate award should go to the next lowest responsible bidder, K&G Lawn Care & Landscaping, P. 0. Box 110, Swink, OK 74761, for twenty-nine (29) locations as shown on the attached alternate bid tabulation in accordance with the terms and conditions set out in the bid documents attached hereto as Exhibit C. WHEREAS, if it is necessary to use the alternate award, the number of locations awarded to Powell Landscaping will increase to five (5) adding the Fire Field and 2200 Blk. College St. as shown on the attached alternate bid tabulation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section L That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the bid of Powell Landscaping, for furnishing labor, materials, and equipment and for performing all work required for grounds maintenance (mowing) on City of Paris parks and facilities located at Eastgate Park, Chisum Memorial and 24t" St. SE & Clarksville, in the amounts shown on the attached bid documents, is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for these locations is hereby let conditioned upon said contractor entering into a contract with the City of Paris and satisfying all of the terms and conditions included in the bid documents attached hereto as Exhibit A. Section 3. That the bid of K& B Lawn Care, for furnishing labor, materials, and equipment and for performing all work required for grounds maintenance (mowing) on the remaining thirty-seven (37) locations, in the amounts shown on the attached bid documents, is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for these locations is hereby let conditioned upon said contractor entering into a contract with the City of Paris and satisfying all of the terms and conditions included in the bid documents attached hereto as Exhibit B. Section 4. That, if either of the low bidders referenced herein are unable to enter into a contract with the City of Paris or are unable to satisfy the tenns and conditions of the bid documents, then a contract shall be awarded to the next low bidder, K&G Lawn Care & Landscaping as the altemate low bid, for furnishing labor, materials, and equipment and for performing all work required for grounds maintenance (mowing) on the twenty-nine (29) locations, in the amounts shown on the attached altemate bid documents, is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for these locations is hereby let conditioned upon said contractor meeting all of the terms and specifications included in the bid documents attached hereto as Exhibit C. Section 5. That, if it is necessary to use the altemate bid award, the bid of Powell Landscaping will then include two (2) additional locations, being the Fire Field and 2200 Blk. College St. as shown on the attached altemate bid tabulation. Section 6. That the City Manager be, and he is hereby authorized and directed to negotiate and execute all necessary documents for the grounds maintenance (mowing) on City of Paris parks and facilities with the successful low bidders as indicated herein. Section 7. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this l lt' day of February, 2008. t Jq'sse~James r len, Ma or d ATTEST: Z y~,~ • . l a1~ ice Ellis, City Clerk APPROVED A O FORM: W. r C y Attorney y a n . LL 0 } ~ U w O V /'1 0 U u. O ~ ~ O 2 L.L w o = Q t ~ ~ w m p ~ W ~ Z ~ Q ^ ~ ! ~ O } j m o 2 '0 p J lm (D a ~ p E N ~ ! Z a~ O Z a = \ ~ 0 ~ c m c a) E a ~ a~ ~ c ~ E ~ N 0 d ~ E ~ N 16 r- N p E 1- a a d m L. ~g ~ ~ c .C y C = w w = o y 5 ~ 0 o a ~ ~ co y a ~ ~ •r a o Q o v y ~U L ea ~ o o =,a *k L E a L E E _ = 'c 3 o E CU ~ d `o im U E d (o ~ L C ~ ~ Q Q ~ N c ~ N 0 ov O ~ L ~ ` O 0.. 0 ~ ~J . ~ 0 1O kD ~3 ~ C.s N ~ ~ 4? G E:y C> C~, J ~ S C` ~ E ~ E E E E E E E E t~ 1-- I-- to r- r N N r ~ N N ti G~ Cfl ~ ~ ~ O ~p ~ N O O O ~ N ~ T N (a L d ~ CL c O ~ ~ CL v) a~ Y co ~ L ~ ~ 0 y o ~ cm 5 ~ ~ Q 0 o V p p p' w W - EXHIBIT& Y N d w N Y ~ ~ L C cc ° a m o L .2 2 C;) C ~ U (D E tL = J .J ~ x J E o p d ~ E ~'i ` Sv ~ U ~ 0 ~ a " LQ p on o 0 C:~ ~ , Ci . ' ~ ~ ~ ~ ~ i f ' ~ a n W / ii cf, UO N -j✓ O V • W 0 ~ L ~ 7+ m tq 3 tn 3 tA 3 tA 3 V) 3 tq 3 0 VJ 3 0 fA 3 0 tq 3 0 fn 3 0 tA 3 0 ln 3 0 tIJ 3 0 N 3 0 tA 3 0 fq 3 0 t~ 3 0 fp 3 0 N 3 0 E m fl. o E CO 0 E 1~ 0 E CO 0 E CO 0 E f~ E h E I- E N E N E CC E N E L~ E ~ E ~ E eN- E ~ E N ~ N E N ~ . C . N r- N N r r ~ r' (V ~ CV a ~ ~ 0 E d tm R v Q N ~ N M N CO ~ CG 00 ~ ~ ~ ~ CV d: lf~ Cy N c+~ ~ c0 CC d' t!~ M N ~ C N ~ tn CD f~ N O O O ~ ~ Q ~ pL C y L E ~ Q O (n 7 Y ~ 7) ~ W ~ 0 _ co J x o ~ n ~ y ~ y O V ~ CL Y ~ E O J ~ N v y c~0 ~ c`p W aQ G> U O E ~ O N 0 ~ Y 7 a O n- 2 , f17 ~ U • ~ C C y ~ ~ ' f/ ) ~ E O M O ~ ~ L. ~ ~ V N Q N m 0 ~ ~ C t~ ~ fn O fn _ O _0 i ~ 2 ~ O ~ c6 'S c0 ~ F- c~ ~ U y L U ~ _ o c~i _ ~ 2 W ~ ta C~ '3 ~ ~ p J -o O -a O cd n. 'c c9 ~ . N o- rJ p ~ c~ D p~ p ~ Q~ < 1-- V' o i o ~ ~ m R ~ ~ ~N' ~ ~ ~ ~ ~ ~ ~ -a c o L S` d fl. N O V L ~ 0 0 E fl. 3 E C ~ •E 0 ~ R L Q d N U) O O Z Z ~ ~ ~ a~ ~ ca 0 > r -p tzli A-A (D L Q W L a) fA UI 3 fn 3 cA 3 fA 3 fn 3 N 3 tA 3 fn 3 fn 3 N 3 fn 3 tA 3 0 N 3 o -0 0 3 0c 0C 0c 0c 0c 0c 0C G 0c G 0C G 0c C 0c C 0c G c G c G c ~ C CC C c0 G I~ G N C f~ C 1` - I-- - N N N N f- ~ I-- N c- ~ N N ~ •r- r e Q U y m (D N LL ~ ~ M M 00 cC 00 QO m ~ a? O O O O N ~ N E O O O M 0 M O LO O : O O G O O .r :2-1 ~ X a) N~ W ~ O C O p (D ~ N ~ ' ~ _ - C a) c 0 a cr ~ ~ c O N c a m ~ 0 y > Y ~ _ U E ~ J U- O V a) Q y c ~ ~ ~ N ~ c0 N ~ Z y 0 (A E y C > p UJ Z ~ Z V W (D 0 0 C N ~ ~ cn ~ in N N ~ Z Y W ~ z W vi ui v O ~ = ~ v~ tn ~ E O > v~ ~ O ~ ~ ~ w ~ ~ (p 0 O a a 0~. :3 a: (n m tv,-- N N J _1 Z ~ 7 ~ 0 REFERENCES 1.) First Federal Communi Bank 630 Clarksville St Paris TX 75460 CONTACT PERSON: Dick A PHONE NO.: (903) 784-0881 YRS. SERVED 30 Years 2.) La Townes Circle "C" Ranch 410 HWY Detroit Texas CONTACT PERSON: Vivian Gould PHONE NO.: (903) 737-8852 YRS. SERVED 10 Years 3.) Holida Inn of Paris 3560 N.E. Loo 286 Paris TX 75460 CONTACT PERSON: Nancv Hedrick PHONE NO.: (903) 785-5545 YRS. SERVED 13 Years 4.) V_P P.O. Box 460 Bonham TX 75418 CONTACT PERSON: Virgil Preston PHONE NO.: (903) 227-4240 YRS. SERVED 20 Years THE REFERENCE SECTION MUST BE COMPLETED IN FULL IN ORDER TO BE CONSIDERED FOR AWARD INSURANCE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT ~ MUST BE RETURNED AS PART OF BID I, the undersigned agent, certify that the insurance requirements contained in this bid document have been reviewed by me with the below-identified vendor/contractor/consultant/engineer/architect. awardedithis the cont act by the Ci yeof vendor/contractor/consultant/eng n eer/a c Paris, I will be able, within ten (10) working days after being notified of such award, to furnish valid insurance certificate to the City meeting all of the requirements contained in thi id. r r' ✓ l C~K ( ~~D gent's Signature Agent Name (Print 1 .7 D . ~'.~r ~ ur ieC f.me/Lof Insrrier I, n(~ Z-~f'~`` dress of ~Iency T5 r~ q IS 4 State 7~ S-D ~ G -7 ,one Number w . ~ ame of VendorlContractor/Consultant/Engineer/Architect (Print or ype i~r~before me thiNotary Public, State of Texas ;F ~sMfy Commission Exp, 0&02-zot0 this time requirement is not met, the City has the right to declare this vendor non-responsible and award )ntract to the next lowest bidder meeting the specifications. If you have any quesrions concerning tb INSURANCE REQUIREMENTS INSURANCE: Review these insurance requirements and the insurance checklist which follows with your insurance agent p_rior to submitting the Insurance Affidavit and bid or proposal to the City of Paris. General Insurance Reauirements: 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 in the Insurance Check List that follows and such insurance has been approved by the City; nor shall the Contractor allow any subcontractor to startwork 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 who work under Contractor to maintain during the term ofthis agreement, policies of insurance providing the same type and amount of coverage as is required of 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 Manager of the City of Paris, Texas, P. O. Box 9037, Paris, TX 75461-9037." 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 Documsnts. 1.5 The City of Paris (including its elected officials, officers and employees) are to be named as an additional insured under all insurance policies under this Contract except Workers' Compensation, and the certificate of insurance, or the certified policy, if requested, must so state. Coverage afforded underthis paragraph shall be primary as respects the City, its elected officials, officers and employees. 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 f9nanciat 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. ContractorNendor 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: General aggregate limit is to apply per project. Premises/Operations: 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 underthis contract; vi. Personallnjury Liability including coverage for offenses related to employment; nderg vii. Explosion, Collapaee er ired forround andXallUwork nvolving applicable. Cover g qu driliing, excavation, etc. 2.1.2 Business Automobile Liability including coverage for any owned, hired, or non-owned motor vehictes 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. INSURANCE CHECKLIST Construction Projects ("X" means the coverage is required.) Coveraqe Required Limits (Figures Denote Minimums) X 1. Workers' Compensation & Statutory limits of State of Texas Employers' Liability $100,000 accident $100,000 disease $500,000 policy limit disease 2. For Future Use 3. City Approved Alternative $150,000 medical, safety program 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 damage each occurrence with X 8. Products _ 9. Completed Operations 1,000,000 general aggregate that applies to project under contract 10. Contractual Liability X 11. Personal Injury Liability $250,000 each incident, $500,000 per occurrence 12. XCU Coverages X 13. Automobile Liability $250,000 each incident, $500,000 per occurrence, $100,000 for property 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 ~ } . INSURANCE CHECKLIST Construction Projects ("X" means the coverage is required.) rovPraae Required X 1. ✓W orkers' Compensation & Empioyers' Liability 2. For Future Use 3. City Approved Alternative - Workers' Comp. Program X 4. /General Liability X 5. General aggregate applies per project (CGL) 6. Premises/Operations 7. Independent Contractors X g, / Products g. Completed Operations 10. Contractual Liability X 11.~ Personal Injury Liability 12. XCU Coverages X 13r Automobile Liability 14. Owned, Hired & Non-owned 15. Motor Carrier Act Endorsement _ 16. Professional Liability 17, Garage Liability 18 . Garage keepers' Legal Limits (Figures Denote Minimums) Statutory limits of State of Texas ' ,$100,000 accident-$100,000 disease /$500,000 policy limit disease $150,000 medicai, safety program Minimum $250,000 each incident $500,000 per occurrence 1)000, oav Complete entry No. 26 000 (Items No. 3-10 & 12 require) 50J_ p p00 combined singe~i damage for bodily injury and prop y r damage each occurrence with $1,000,000 general aggregate that applies to project under contract 00 o) O-VO. $250,000 each incident, $500,000 per occurrence $250,000 each incident, r$500,000 per occurrence, cs~- $100,000 for property Damage each accident $500,000 Bodily Injury & Property Damage each accident. $ BI & PD each occurrence $ - Comprehensive $ - Collision ~ ' • 19. Owners Protective $500,000 Combined single limits Liability 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 or Atternative program if applicable. X 22. Ten (10) days notice of cancellation, non-renewal, material change or coverage ilure" reduction endorsement required. T Not ce e ofCan~ellat ndp "but ovisaon on (t standa d sentence) are to be eliminated from the ACORD certificates. ndard X 23. The City of Paris prefers an A.M. Best's Zed t dot'bus ness, i,n the Stateer of Texas (not and Poor's Rating AA or better; Author 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 STATEMENT 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 a4vanblep ~ p~ ~eneral Lia ' Automobile Liability- &Q nW X 27. Liability policies are (indicate): OCCURRENCEV CLAIMS MADE [ ] V( C~~Po~~ Ins r nce Age t(Print r r Si nature Date A B C Everv 7-10 Davs Everv 11 to 21 Davs Everv 3 to 5 Weeks l, Wade 2, Bywaters 3, Plaza 4, Oak 5. Paris Aquatic Center Leon Williams 7, Library g, Farmers Market/Skatepark g. Paris Police & Courts 10. Gateway 11. Heritage/Chamber of Commerce 12, Animal Shelter 13. EMT Lamar 1, Dragon 2. Sports Complex 3, Culbertson 4, Ellis 5, Tennis Courts PJC Tennis Courts Travis 7. Wise Field g. Walker 9, 10th St. 10. MLK 11. College St. Median 12. Eastgate 13. Old Police Station 14. Lake Crook 15. Lake Gibbons 16. Cherry St. Cemetary 17. Chism Memorial lg 24`h S,E. and Clarksville 1. Jewish Cemetery 2, Old Dog Pound 3, Fire Field 4, Ditch, 3000 blk Houston 5, Lots 2400 blk Lamar 6, Lot, 200 blk 24`" S.E. 7, Lot, 1200 blk N. Main g. Median, 19' & Neathery g. Median, 18'i' & Neathery 10. 18' N.W. and Shiloh 11. 1700 blk E. Washington 12, Plurn St. Water Basin 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) Schedule Layout For Year 18 A. Property - mow every 7-10 d frm Augusttl~thni October 31S` = 4 Property - mow every 14-21 days Property - mow every 3-4 weeks from November ls` thru March 31S` = 26 mows per year or as needed for winter weeds/leaves etc. Total mows 4 B. Property - mow every 11-21 days April to July = 9 Property - mow every 21-28 days August - October = 4 Property - mow every 4-6 weeks November - March = 17 Total C. Property - mow every 3-5 weeks year round 12-14 mows ~ ~ Q a LL 0 H U W 2 H LL O J U Z ~ O U LL. 0 O v u' W m ~ LL O Cl) w W m 2 w ~ 0 Z Q ~ 0 QC G W J m Q ~ O z O 2 I ~-j ~ V ~ ~ "1 ~ ~ ~ ~ C m ` 0 (D ~ ~ E ~ -J ~ ~ • in ~ N 11 Z ~ ~ o E o Z ~Q UaL. ~ ` 0 ~ '0 c co c N E Q . ~ o- ~ ~ t0 C E ~ Q E . ~ ~ N = Vl ~ 0 _ -_S1 E U a T ~-r ~ ca lO L ~ ~J a } ~ c , vi C = =3 ~ R c L (U o N cn Y ~ O O a, y ~ ~ a ~ . 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CD- (n ~ > > E ~ 0~ o~ ~ N N J J i>> Z -o m c 0 y L ~ n.. 0 N ~ N C cm C/) Northfield Insurance Company COMMERCIAL GENERAL LIABILITY St. Paul, MN 55102 COVERAGE PART DECLARATIONS I:ffective Date: 0 3/ 2 7/ 2 0 07 12:01 A.M. at your mailing address Policy No: WS 0 0119 5 Idamed insured: 13eau Negrete DBA K& B Lawn Care I_IMITS OF INSURANCE Each Occurrence Limit $ 300, 000 Damage To Premises Rented To You Limit $ 10 0, 0 0 0 Any One Premises Medical Expense Limit 5~0 0 0 Any One Person Personal and Advertising Injury Limit $ 3 00 , 0 0 0 Any One Person or Organization General Aggregate Limit 600~000 Products/Completed Operations Aggregate Limit $ 600, 000 13USINES5 INFORMATION Form of Business: FX~ Individual ❑ Joint Venture ❑ Partnership ❑ Limited Liability Company ❑ Trust ❑ Organization, including a Cor poration (but not including a partnership, joint venture, trust or limited liability company.) Loc. # Address of All Premises (Including Zip Code) That You Own, Rent or Occupy 1 309 1/2 E Main Hugo OK 74743 'REMIUM Rate Advance Premium Loc. # Classification Code No. Premium Base Pr/CO All Other Pr/CO All Other 1 Landscape Gardening. - 97047 p+ 17,000 27.079 $ .oo $ 460.00 Products-completed operacions are subject co General Aggregate Limit. Subline Premiums s .00 $ 460. o0 Total Advance Premium $ 460.00 =ORMS AND ENDORSEMENTS The schedule of coverage declarations, forms and endorsements shown on S1 D-ILS make up your policy as of he effective date shown above. THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. S2584D-CG (9/05) Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 1 of 2 Fax recipient iniormation To: Beau Negrete fax 580-326-6446 Page 1 of 2 ARacRMIvE~ DRIWYnswvnce Policy number: 40912081-9 Underwritten by: Rogres9veNorthem InwrwceCo Policyholder: Beau Negrete february 6, 2008 Page 1 af 2 800-876-5581 Custamer Service Here are the policy documents you requested .....11 • Verrfication af Insurance Thank you for choosing Progressive. Progressive oHers several convenient service options: ' Visit progressiveagent.com 24 hours a day to view and print policy documents, quote a change to your policy, update policy information, and view claims information. While on progressiveagent.can be sure to provide us with your e•mail address to receive reminders abait upcoming payments, bansaction confirmations, and claims instructions. ' Call our Customet Service numbet, 800-876•5581, to make or confirm payments over the phone, order ID cards and Dedarations pages, and more. Usaa In s Agcy Inc 9806 Frdreksbrg Hsvcw San Antonio, TX 78288 Company Code: 38628 Verification of Insurance for Beau Negrete pRacAEIrivF Policy number: 40912057•9 UnderuKitten by: Progres9ve Northem Insurance Co Policyholder: Beau Negrete Page 2 of 2 Febru ary 6, 2008 Cuslomer Service 800-876-5551 24 h ours a day, 7 days a vaeek Please accept this letter as verification of inturance fa the driver and vehide Iisted below. Policy and driver inforrnation Policy number: . . 40912081-9 . . Policy state: . . . . Oklahana . . . Policy penod:.. . . . . . . . Od 18, . 2007 . -Apr . 1 . 8, 2008 . . Effedive date: Feb 6, 2008 . . _ Driver: . Beau Negrete Named insured . Address: . 309 E Main St Hugo, OK 74743 Vehicle ininrmation Vehide: . . 1992 Buidc Park Avenue4d . . . . Uehide identif~tion number: . . . . . 1G4CW53~2N1615578 Coverage informatan Bodily Injury & Property Damage: 250/500/100 This ver'rfication of insurance is not an insurance pdicy and does not amend, extend or aher the coverage afforded by the policies listed herein. Notwithstanding any requirement, term a condition af any contract a other document with respect to which this verification of insurance may be issued oi may pertain, the insurance afforded by the policies described herein is subject to all the teims, exclusions and conditions af the pdicies. If you have any quesiions, please call Customer Service. Thank you. form Z117 (03r95) Usaa InsAgry Inc 9800 Frdreksbrg Hsvcw San Antonio, TX 78288 Company Code: 38626 Verification of Insurance for Beau Negrete PRVOREOI1/E° &W1YE-11MMWe Palicy number: 40912091-9 Underwritten 6y. FYogressiveNorthem Insurance Co Policyholder: Beau Negrete Page 2 of 2 February 6, 2008 Customer Setvice 800-876-5557 24 hours a day, 7 days a week Please accept this letter as verificatia► of insurance for the driver and vehide listed below. Policy and driver informatan Policy number: 4091 2081-9 Policy state: . Oklahana . . . . . . Policy. peri. .o.d: Od 18, 2007 -Apr 18, 2008 . . Effedive date: Feb 6, 2008 . Driver: . . N e9 rete Named insured Beau Address; . 309 E Main St Hugo, OK 74743 Vehicle information Vehide: Vehide identificatio~ number. COVBPA J8 111f01'fl1At10fl Bodily Injury& Property Damage: 1997 Chevr C1500 Pk 1GCEC14R8VZ124998 25015D0/100 This ver'rfication of insurance is not an in5urance pdicy and does not amend, extend or aher the coverage affaded by the policies listed herein. Notwithstanding any requirement, term or condition of any contraci a other document with respect to which this verification of insurance may 6e issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusians and conditions of the pdicies. If you have any questions, please call Customer Service. Thank you. Fam 2777 (63tU5) Fax recipient ininrmation To: Beau Negrete Fax 580-326-6446 Page 1 ot 2 PADG/qfll/I!E° OR/YE'Yasolanae Policy number: 40912081-9 Underwritten by Progressive Northem Inwraice Co Policyholder: Beau Negrete Febru ay 6, 2008 Page 1 of 2 800-876-5551 Cusbmer Service Here are the policy documents you requested . . . . . . . . . . . . . • Ver'rfication oi Insurance Thank you for choosing Progressive. Progressive oifers several convenient service options: ' Visit progressiveagent.com 24 hours a day to view and print policy documents, quote a change to your policy, update policy information, and view claims information. While on progressiveagent.carn be sure to provide us with your e•mail address to receive reminders about upcoming payments, transaction confirmations, and claims instructions. ' Call our Customer Service number, 800-876-5581, to make a confirm payments over the phone, order ID cards and Dedarations pages, and more. ~ ~ 0 LL ~ m ~ ~ ~ V) m O L d ^ o U) N N (6 Z QPQ ` 0 w ~ c m c a~ E a . ~ ~ ~ ~ c cu E (n -a • L = 0 E ~ ~ ~ ~ ^ ~ 5 _ ~ O C O G I i-" ~ ~ M ' ! `o 0 a ~ ~ ~ ~ ) ~ ~ ~ ~ L ) rt ` U Co m m 0 ~ ~ C , N N ~ C ~ L • L C ~ 0 (1) • 0 o C:) ~ tq ~ Q d ~ ~ ~ ~ Q. ^ ~ r U N co V Q o N T i U a L co 0 0>+ ~ (n cn O ~n O v~ O cn O cn O u) O cn cn 0 O O O cu~ 4 E O E E E E C E E E E E ~ o ti r~ r~ cfl N r~ ti cfl co ti ti N • ~ U ~ O ~ C: ~ co C ~ (D d O (0 E tm L a) ~ y i V ~ 0) LO N 0) ~ LO 1~ ~ (D 0") ~ r- tf~ E . -p j y O CO C'i N O O O ~ N ~ Z ~ 0 N N C L O 'a O (D Y cp ~ ~ N cc •E Y i N 14 L Y 1 tn (0 ~ a, fu n- a. c Y m (B ~ (0 a (0 ~ ~ ~ n ° o ) E n N ~ ~ C/) ~ L Vi ~ N :n O U ~ o ~ Y Z ~..C ~ ~ m m : fn a y E L Y Y ~ Q a° U 0 , m w w li 2 -j 1 EXHIBIT C L. = Q- E o S 3 o 0 10 r6 ~n 6 ~ - m ~ } ~ ~ "a 3 c Lr U- c) tr) ~n. ~ ~ ~M 00 0 r6 ~ k~o ~ N O V i tC 0,~+ tq N V1 <A N tA fA tA N tA M y N M tA N U! tA tA 3 3 3 3 3 3 ~ 3 3 3 3 3 3 3 3 3 3 3 3 4) o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E a E E E E E E E E E E E E E E E E E E ~ = lm c0 11- c0 cC1 1- t- 1~ N N Cfl N c,fl N N N 11- t0 CD CC E C (V e- N N N c- N N N N c 3 ~ 0 E m m e~ d ~ t~ N ~t ~t N pp ~ ~ N ~ f tC? ti CV CV ~ c~0. ~ N Q Lq CV M CD p r- O~ ~ p) Lfj Cp N O O o O N O T O M N h N Q Y C ca i ~ Q > O ~ ° ~ ¢ W ~ U Y ~ W d = .~c E V) 'p d Y ~E M m E a U ° ~ ~ c E N o ° m U co p E o c~ o aD Y a, n- E ~ ~ a) o ~ v U ~ ~ -c a- o m o o ~ cu Q ¢ ~ p n. a cA ~ ~o,~ ~ L ~ ~ c n. aD ;D E i.L 3 ~n ° 0 a tn '0 y ` t ~ F' a~ ~ v -v ~ O ~ ~ L L ~ ~ ~ O fC t0 (0 ~ 2 0 ~ ~ v v v o o w i 0 -1 0 0 a a a ~ L = d Q E V - o M~{f L W ~ ~ ~ ~ ~ o m~ Q ~ ~ 0 V C) , 0 C 0 0 0 z Z ~ .co ~ 4n ` ' ~ 0 r ~ rS r V 0 ~ ~ } (D L ~ O ~ ~ 0 3 3 3 3 3 3 3 3 3 0 ~ E E E E E E E E E - N N N N h I- N o d r r r r T r T r r ~ Q ° c L R o 4t ~ 3 3 3 3 3 E a E E E E E = C CO C4 i~ N 1~ ~ N N r ~ - ~ o E m m ~ i Q ~ N a v °D ~ a~ ~ N ~ pp M M m CO m O O O O N ~ N E O O ~ M ~-~p O ~ O O O O O O ~ V O ~ CD y X N ~ W d U N ~ ~ o -p' ~ p ~ tC v - a C N p) 0 C C ~ :3 a ~ 0 ~ m X O U ~ ~ ~ L L O N ~ > . ~ co C U p ~ N J U ~ p ~ ~ Rf d 2 ~ U ~ ~ (D co > . p C W Z ~ Z U a~ Z E c ~ D' ~ .s U ~ ~ i Z ~e W ~ W W O v p A ~ ~ a (1) ~ cn U, ~ a .n vi z ui v6 ~ = Y N ' tA U E V O cu 0 m 0 W ~ O t L L .r L ~ O ~ O O d 0.. ~ 0o 00 ~ N N J ~ Z i s~C c ln m ~ ~ 0 ~ ~ ~ .Q ~ Cf) C O ~ a. O QZr'65~2'008 14;15 15QQZN99.92 MILLER 1NSURaNCE PAGE 07/0e !_NSU#NCS C"ECd~~~S~T Corastruc~tion Projects ("X„ 1'fleaC1s tYte CQV~-^i'age iS PPquifed.) C:+aVgra~,.' EZpC1UIIrE,.-'d, LiIrT9itS (Fdgurey ner~r~~e Kr~irrurns) 3C 1, Warkers' Garnpensatqan & StatRatory limi~s of State r~f Texas Employea-s' Liability $100,000 aec~dent $100,000 disea,e $500,000 po19G;y l@C'lrli$ d65ease 2. Far Future llse 3. Gity A.pproved Alteo-nat,iue $150,000 medAca!„ safefy pragcam Vilorkers' Camp, Prngram X 4. General Liability Munimum $250,0CDO each incia~ant $500,000 per ocralrrc:.rice, Crarrapdete entry No. 26 X 5, Generaf aggregata appliea per projec# (CG1.) _,,,,-6. Premises/Operations -7. )ndependen4 Cantractars X 8. Protlucts -9. CarnpCeted C}perateons - 10. Contractua( Liability X 11. Persnnal Injury Liability - 12. XCU Goverages _Y13. Automobile Liability ~ 14. Owried, I-6ired & trioln-owned ~ 15. Molor Carrier A,c# Emdarsernent 16. Pr4$essionaf Liability 17. Garage Liability 18, Garage keepArs' Legal (ftems F.Io. 3•40 & 12 recjc.nire.) "aNG1,1000 combaneQ;1 single Dorni-a 1`or bqd(iy dnjury aold prDppcty damagP dariago r~Och occup-Pnce Wth v1,000,000 get~erab agqregatP Viat appties fo pi'oaaCt Lindef Can$rilct $250,000 aacao incl+~enk, $500,000 per cacvurr8nca $250,000 ea~,;.h~ incideCaZ, $500~000 pe4" ~',44C:C:lAPrtdnCo, $100,000 for propeMe Damage caci°7 accidanR $500,000 Bodily Oiijuryr a PCOper11y Damage eacka accid«vnt. _139 & ~D gJaCh OcCUrr~~OS, ~T._...-- ~~cr~~r~•~~~et~save $ ~ C~lBi~+orfl ~ r. Q~ A IM~ SU-1 dri Wc4r: rt = S 9007 +~o qa-i UVW2000 14;16 1~~@G9~999~ P9ILLER INSURANCE PAGE 08I08 19. Uwners Protec#ivp $500,000 Comba~ed sihg&e 9imfts LiablEity ~C 20. CBty named as additionaf insurecl on otaier tharn Wc,rker.~ ComperisaCion. 7hls overage is primary to a11 other coverac~es khe City may possess. ?4_ 21. City provfdecl v►rith Waivar at` Subragakiot1 Can illFort'kaG5' ~ompens-aQlon Op" A9tr:;,=r1title praqrartt if app)icable, X 22. Ten (10) days motice of cancelfation, non-r'enewa0, cmateriaA cVpanqe o:r covt-rago re,duction endorserncnt required. The words "°enid~avor to°" tand "ba~t *@¢are," (to end tsf sentence) are to be elim`rnai.ecf frani the Notice of Ca,nca+RiaB:fom provisacan on ; tandard ACURD certaiicates. -A 23_ The City of Paris prefeRS an A.GVIi. Fest"s Guidp- Fi~flng ar°,,Js,_", ,"~,/a"° or beitp-r or Standard and Paarr's Rating AA nr betker; P,uthori Ted ~o dro bus►nes, in -tAic~ State r►i Tehxas;, (not appAieable for uvprkea's' campp9sation assignetG thr°a+ugh pooi or a1fiernative compensa#ion pragrarn,), iC 24. The Certifir,afie must state bid r+urnber amd bir1 tit~~- or prc~~ect namo. 25. Other Insurance Requircd: If9SUR1aNCE AGE~I"~'S ~TATI~K E- iI-T P have rcviewed thpse requirernenls vvith the biclder narned belQmi. Asicl~tioraaHot: XP-6_ The abovc poticy(s) c*rry the 9'alfo*ng c~oductibEes: _.^_..,,._......~At Full iirrtits of covcr'age avai&able far: Genera1 Liability aLlto!"!"I6b9le L6ab191ty X 27, ILiabrtlity policies are (indicate): occuRRENCE[] CL.wl ~As MADE t ~ Nn$ ce Agerek (Print) i+~natur~ Datc 8-CA X U zi J, 2 C tf -1 -p . c:{ a-f W*I T I : F, 80 Ca ~7 ir 0 G? -f 02/05MOO 14;16 15$0255MZ MILLER INSURAhJCE PAGE 03l08 $NSURANCE REQU@REMENTS INSUF~.ANCE: f~eview these insura~acr~ rer,a~Rre~raer~'ts ancP tR~e aras.4i~ra~oc~a r.P~c~a;klist ~hint) foliows with your insuranoe agent 260r tO SaAbm'sttang the ansurance Affida`ait and bfd or praposal to the Ci#y of Paris. '9. ~9rneraijasura~n i~__ eqWg~~~i~t~;_ 1.1 The Cantrac#ar shaRI not start wotc under fih~s C~nt~eact untAh the- Crantracfirar has af~xained at i~os c~r~ira ex~nsc~ aGV c~f tiie a¢~s~~i•,~ raiied fic~r hei°etd~ad~ar ~rrnd in the lnsuraiice Check Lwst fihat foHows ar~id such oa~sui°artce has been approued b}r the City; nor sha6E the Cositractor allow any subr.,~~trac8:+ar to sfiarkuvarkon anysubcontraotuntiRag Insurance u'equared af'the. subconts~actor has been sa obfiained and approued by thc; Con.tractor. Contractor must sukamifi appropriate cerkifiC~tes of pn~surance detaol.6ng tI~e raquirod cc~~erage before tt~~ Contract, can be awarded. In cer#aErn irlistancesa po'oper9Y signed podicy endvrseme,nts andlor cea-ki•foed co~~~s of insairance polAcies showing the required coverage wil1 be requRreci. 1.2 The Cantractnr shall requaro af9 zut~contacgors who work under Contraol+ar to maintain during the #erm o$theS agre+e.mantr polic.ie;5 of i~suc~~ce. prov6ding the same type and amount of coverage as is required o~~ the Contractor. Ths Cantractor shall furnish ,ubcontractors' cprtdf rca-tes of insur~no-a-tot'he CEty immediateE}r uporm request. 1,3 All insurance policAes required hereunder shalE er~dorsed fi~ incfude khe following pravision: "Itis agreed that itt~~~ policy i, not subjec~~o cariceP@at;ionr non-renewal, nna#eriaf change, or reductaon ~n caver~~e unfii ton days pricar waatten notice has been gw~~nto the Uy Mai-uager of t0ie ~',Pty of Parisr T+t3X73, P. 0. Box 9037, P2rAS, TX 75461-9037.° 1.4 Na acceptance andlcar approval of aray insurance-by lhe City : haBB Fae canstruetfi as retieving rtrexcusing the Ccanfirarfior, orthL sure1~r, or its kaond, frorn any Iiability or obligativn imposed upori eitlier oc botEi o€ tEleR-n 1:)y the provisiorts of the Contra~~ ~curnents. 1.5 The City a# Flar6s ("sncAuding its eIQCted officiaNs, officer;s and ernp9oyees) are tt3 b-~' f1aP"1"1ed aSan dddlfilpllal finsILdI"ed uTtder all !n'Bsulfrt]InCo pol1C1"8, 0.Jn(~erthCs Contract except W'carkers" CompensatRan, amdl tha certa~~ca t~ of d~surancx% or the certified pol6cy, if requested, must fia sba#e. Coverage affvrded urtderthis paragraph shaall be primary a, respects tho- City, i#s electecl officiaIs, o~cers and ernployo-hes. G'd XL-JJ 1,3r.'838L4-1 c~H Wclol :r, 90C7~: .170 aa_j 02f05f200^o 14:16 15802989992 MILLER INSURANCE FAGE 04I0$ 1.6 Contractor shadl provide insuram~e caverage •EortPlis cc.sntracfi andlor project as spcacified in tho "1risurar~~~ Checkdist" atkached heretra. Fu99 GimiRs nf inSurance rOquirerJ by 'the checklis'k a4taGhed sk1a1l kae avaiPaUe for clairras arising out o'f this cvntract andfor project. 1.7 Canfirac'carcavenants to save, deferrod, hoId harmless and anCOGrI"irdPfar'the CPty and ItS eteCtGd Officlal$, offIc"9'-~p'S aitd e9'a'1pld„~'yCa"S (C:oiAfaCtiVelNI' ~he "C1$y14) $r7&'i'7 and against any and ai9 claims, 9~ss, damaae, injury, cost (incPud~~g COLart casts and attamey's Fees), charges, i6abflAy expo;,ure, howe,rer rau,ed, resuiting frvm car aA•ising otat of or fln any mray ccnneoted wQ~~~-t~e Cor~traj~;tor°s performanco or nan-gerformance ofthe terms oft~~e Coniract Documerats or fts obligatians under the Contrack. Ti hes indemn6~crafion shall ccan-tinue in fuId force and effect unti( the Cora4ractorcomplefas afl trf the vrork requua~ed under the Cantract, except that andemnifacat~on sIiaI,i con~inue for all claiorng Fnval+ring products ar compieted operataans afterfsn~~ acceptancp- ofthe work by the City fQr which the Cifiy ~~ies noticr~ to the~ Gontnactor after khe Csty"s finai accQp#ance of the u+ror#c. 1,8 ContrractQr shaIp be responsabEe fior thp- uuork peri'oro~ed under tIip- contrar-E and every parC thereof, and frzr a19 materials, tools, eqGrnpment;, appidances, dnd proper't}r bf any and a!I desCription5 used wn coniiec$oQn miith the wcrk. The Con#rackor assumes all Osks for direct and 6ndueect darrrage nr unje.4a-y, ta #he propertyor persons used or empBo)(ed an o~ in ccxnnection with t#~e work contracted for, and o'F all damage or inJur,r to any person ar property wherewer Iocated, resulting frorrx any aOon, om;ission, wrrarnissiora or aperation undYr 4he Coretractw or in coraneatian im iaroy way whatsaever widh the contracted wor9c, until fna~ acceptanc~ ~fthe wor&~ by the City. 9.9 Insurance Cowerage required En tIiesc sg~ecxFAcaflions sYaaGl tao an force thrnughout 4he Contract Term. Shoudd the Ccantractcar fail to proeride acceptabie eviderace of curremt insurancp. within thr~r~e (3) businesa, dayrs caf vuritten notice at any tirrae durAng the Cantract 'R"erTn, ilhe Oty shafl have fihe absolute right to terminate tlic +Gontract without any further obligatior► to the Contractar, and fihe Cantractor sha19 bc- liable to -d-ie City far tCae entore additional cost of procurAng pt-rformance ~nd. fi8~e cos9; o~f pert'on-ning thre incampQete porkian of ths Cantract at tRr~e of teA°mi~~~~on. 1.10 Contractual and other 6iability drtsurance prov~~led uncJer this Contract shal9 raot contain a superuisaon, inspection Qr engineerimg seniicc-s fiXCILaSion that wouId preclude the Cit), frorn supmdsing or inspec:tang ihe proje+t~ a,9 -kca the end resuEt_ The Crantractor sha@P 9,"ume apl on-tRi~-jo~ ~~sponsabElities as Ro the contral of persons directlX ampicayedl hy it and r~f thr~ sub~ont6°actOrs Eind any persons empioyed by the su9~contractQr. , ~ ~"l XHJ 13CN1.'3N"1 OP-i IdcGi,ilA IG 800F.' 10 q,4=p 02~e5/20@$ 14;16 15802989992 MILLEP. INSURANCE PAGE 05/08 1.11 N+othing contained in 'f.he specificat4ons ~shtal4 be c~~~trued as csea#ing any ConfiracWat Celat6onShip 1aBtWeeri any Subcontractor and the Ci$y, The Contro-acfior shaPl be as fu@9y responsilaoe to the Citf fcar the acts anal omassacaras of the subcantraGtors and of persons empPoyed by thenr~ as, Qt 6s lbr acts and arnissians of per=;ons d@rectly emptoyed by it, 1.12 Precaution shall be exeressed byt9~e Contract€ar at a9f tames for thp, profirartaon of persans, (including em,p9oyees) ~nd ~~~erty. AlA exd,ting structures, utiIities, roads, seavices, trees ~nd shru9abery ,,hafl 5e protecled c~gairast damage or eh4erruption of senvioe at aII time-s R~~y the Confrac~ar and its subcontractcars during •khe term of the Gontract, and th~ Corr~~rackor shaRI be Baeld respansibfe fcao' any damage to property o~;~urtin~ by re~~on of ifis operation on the @aro,perEy. 1.13 At1 required insur~nce cove~~ge maast be acquired•Fr°carn insaarera authorized tca do business in the atate of Texas and acceptable to Rhe City. T1ne C6#y prefers that aII insvPerz also have a poIicyhoRder's ~`:atA~g of"A-"' or befter, amd a financial size of "Class 1f!" or Raett.er dn 'khQ dafiest, edftior, of A.M. Bes#, or A Or better by Standard and Poors; exception~ to thcs poGicy may only be approved in writing by fihe C'rty Manager or Ci-N Fan~-~race nirector. 1,14 The City will consider deductible amcaunt's as pao°t of uts; rev~em, of tk~e financial stability of the bidder. Any deductab4es sha8l be a~.~6solosed an the CP~ecI4lRst and al1 deductibfes wili be assumec9 bN the Cont.ractos. Coratractor/Veradvm may be required to provpde proof of financiaI abiPity to co+r+~r deductibies, or rnay be r~quEred to past a kacand u,o cover deductibles. 2. Gon~xactar"s ln.-~Ltrqce p•Occwmr_~t~~+~"" ~!Cmg:~ 2,1 The Ccrntractqr sha11 purc,,has!~ i:p~e f~►lWQ~r~g i'~ firara~ace r~a~r~arag~, incf~~~9inc~ the xe~'ms, prDVisions and lirt~i ts shoirun un the {::heckftl, 2.1,1 Carnrn;ercial Geaaer2l 1..iabi6Ety - Suc1~ Commercian ~~np-rsf Liabili4y polACy shali inckude anyr or all of the fol&amfeng as andi~~~~~~ on tl-ie rhecklisx: Ganeral aggregatp Rimit is to appRjr per project. ii. Premises/Operations: iii. Actinns of Independenfi Go:~rtr~~torsr iv. ProductslConnpieted Qpera1taon s tca be maintained forone yrear. Finai completion and accep~~~c-P. ofthe workT with evidenop, of sarme fiiled wiFh own er, u. Contractual LiaSai►atj lnctaading protection for the Cc,entrac'kor from claims aris6ng outofilbabnlirtyassurned underthis contract; wi. Personal Injury Liability inclucfing r,cmeragefvr of~en~eo,, reVatcd to employmertt; s ~ al XU_s 11.r N3s H.I ela H Wd D[ "B F300;3 irE] qIF7._1 14;16 15802989992 MILLEP. INSURANCE PAuE 06f08 vii. Expsosican, CQI1a,pse, or Lgr~~~~round (XCU) hazards; i~ applacabRe. CQVerag~* a-eq~~~red -for any and ald vrorPc inuc~~f~~lnq clri4ling, Q=avation, e$c. 2.1.2 Business Automobile Liabi0sty in~~uding coveraqo far ~ny owned, hirad, car non-ovuned motor NehEc1es an+„~ automcvbefe r,,ontrac#ual biability, 2.1,3 Workers' CoPr+pensataan - statutor,r bensdi-t, as reqaairec6 by the Siate af Texas, ar otner Iaws as reqaaAred by ~,abor union agreemonts, rtrocluding Employer,' Liability coverage. 9 "d xuzi 1DCN3Sl-A'1 71H 1Jc. 1I T =E3 S 0 0 r' t, 0 q aJ- 02f05!2008 14;16 15802989992 MILLER INSURANCE PAGE 02108 9MSURAb,NCE_REG~-.GIi~~~EN'" „~~ELC,~Nr~'~ TO BE_c~~~PL~TF-D BY APPROPReATE o~SURANC:E---~~N... T 01=8 1. the undersigned agenk, certify that the insuran~ ~p.qU1p'eML1ntS contaAned in tha , b6c.^P document have beer~ reviev,rad by me with the bePmu-s.d,c~rrtlfied ve ndorlcomteactor,/consu Itar~~~o n gin~e rfarch ltect. Bf the bcPow_odentifled vendorlcont~ractor/consu(tant/ea~gineer/ar~chrkect is awarc~e+r! tl~a.ps ~ntr~z~:t b~r thp ~',r aF Paris, e able, within ten {10} working t~ays a'et° being noffiec1 ~uch award, to fu rni4a vadid Insu rance cerf9ficate to thc Gony meeting aAI r~F T,a requiremeQats conxai~ed in #hi Z)k& Agenfi's Sigrtature A~~~t Nfirme (Pr6nt err Type)._ /Il0fz7-0q14A Nama af qnsurarroce ress ur '7(/ 52-3 S1[7B8d,RABFD 1►.LND $W41'RN 'lC'Q bCfore ar.ie thxs r(oy o.P i~iofiai.ry Fuhlwc, 'SCE~i~~ of 'Texas :f, t1ti.5 Ci.tTiC rfiqdiit'eme,iit i.s .cS.cYt r.nct the C:il.y h:tc d-w r.ight to c3eclrsc thia YGS~.c~cxr xncar~-~~:vqacx,~5i.l~lr~ W.d iaward Tbo =tm.c't to t11C nex,t lowcst bidcler meeq,i,zzg l'hc 5t3ecifjcA.t.i'0n9. Tf ,rou. kr.t1ie any quenstinxsr, t:cbnc'cr.niz.g t.ka.e3 ~ ~ H 3 1 -tl C ~-;I ",3 S k9 "1 -I I-I W cR 0 ~ = L; €3 (]I ~l r 'flr ~a Gl _4 REFERENCES 1.) Forfi TOWSe n Cqrrle`-~p r I e - CONTACT PERSON: b S~x fOe rr Art'S 09_ PHONE NO.: 7~ YRS. SERVED ~ 2.) c i+', b? ~ ~ - CONTACT PERSON: u 11 ~ vvAr i PHONENO.~~~d YRS. SERVED 3.) ftlGr~ei~Y1e n Ce C~ FU ~ l LU nA(;Ott'~ej (li_ siU CONTACT PERSON: O(~ S''t"Q~ )e '~i~►~1 PHONE NO.: Cl' ~D )a1 ~ -10bG YRS. SERVED ~ 4.> l-luc o VYLod icu ICIird CONTACT PERSON: 1)`r 3P,GI n PHONE NO.1l)$6] ~Q~ 'g'1 YRS. SERVED a THE REFERENCE SECTION MUST BE COMPLETED IN FULL IN ORDER TO BE CONSIDERED FOR AWARD. MOWING 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 appointee for that property. This will include a minimum of twenty six (26) mows per year every 7 to 10 days or as needed for all "A"properties. Seventeen (17) mowings per year every 11 to 21 days, or as needed for "B" properties and twelve (12) mowings per year every three to five weeks for "C" properties Additional mowings could be requested on any of the individual areas to be mowed. The Fountain Plaza will be required to be mowed with a push type mower. 2. The City will give three (3) to five (5) days advance notice for mowing any given location when additional mows are needed. 3. Contractor*is responsible for the following: Mow all existing grass or turf on property; weed-eat 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 parks supervisor); 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.- 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, ar bottles cut or broken during maintenance operations shall be completely removed from the site immediately prior to proceeding with the maintenance of other areas. 6. Any area tliat contains a creek, drainage area or channel shall be mowed or weedeated to conform with 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 an as needed 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 the Park Department personnel and will not 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 of the 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 Manger and will end December 31, 2008. The City will have the option to renew this contract for three additional twelve (12) month terms with each renewal periodbeginning January ls`. Notice of renewal will be given to Contractor within sixty (60) days of the first of the year. 13. Contractor shall at all times during the initial term of this eontract 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. Contractar 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 excepti.ons. 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 Representative. 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 Representative. 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) he shall invoice the City separately for this work. But the same day or hourly rate for the additional work shall apply. 17. Bidders are encouraged to contact the Supervisor of Parks or the Assistant 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 last proj ect. 18. 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. 19. The mowing of all sites shall include the mowing and trimming of all grass and weeds within each area. 20. All property to be mowed will be on mowing list contained in packet. 21. Alternate mowing service may be revised by the City Representative as conditions warrant. 22. 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 23. Care shall be taken to protect trees and shrubs from damage by mowing and trimming equipment. 24. Turf type tires will be mandatory on all equipment to avoid turf damage and rutting. Bidders must use the attached bid form. A pre-bid conference will be conducted on Tuesday, January 29, 2008 at 3:00 pm in the City of Paris Council Chambers located at 107 E. Kaufinan, St., Paris, Texas 75460 (The pre-bid conference is not mandatory.) Addresses/locations of city prop erties/p arks that are to be maintained according to the specifications of the mowing contract. l . 10`'' N.E. Park 800 blk 10`'' N.E. 2. Bywaters Park 300 blk S. Main 3. Cherry St. Cemetery 6`'' N.W. and Cherry 4. Chism Memorial 1100 blk of W. Washington 5. Culbertson Park 800 13th S.E. Lot/Ditch 6. 3000 blk E. Houston 7. 1700 blk E. Washington 8. 2400 blk Lamar 9. 200 blk 24`h S.E. 10. 1200 blk N. Main 11. Dragon Park 24 S.E., Collegiate, Jefferson Rd. 12. Ellis Park Neathery 13. EMT Station Lamar Ave. 14. Farmers Market/Skate Park 300 blk of ls` S.W. 15. Fire Field 600 blk Clement Rd. (on Fairgrounds Property) 16. Gateway 2100 blk of S. Church 17. Heritage Park 1200 blk Bonham 18. Jewish Cemetery 1800 blk Price 19. Lake Crook Lake Crook Rd. 20. Lake Gibbons County Rd. 33060 21. Leon Williams Park 700 West Henderson 22. Paris Aquatic Center 1625 Clement Rd. 23. Paris Junior College (PJC) Tennis Courts 1200 blk 24`h S.E. 24. Paris Public Library 326 S. Main 25. Old Paris Police Station 811 Bonham St. 26. Paris Square Fountain Downtown Plaza 27. Plum St. Water Basin 2000 blk W. Plum 28. Martin Luther King Jr. Park 1300 blk Johnson St. 29. Paris Police and Courts 2800 blk Clarksville St. Medians 30. 2200 blk College St. 31. 19`'' S.E. & Neathery 32. 181h S.E. & Neathery 33. 181h N.W. & Shiloh 34. 24`" S.E. & Clarksville 35. Oak Park 2515 Bonham St. 36. Animal Shelter 3`d N.E. and Clement Rd. 37. Old Dog Pound 1600 Clement Rd. 38. Sports Complex 2005 S. Collegiate 39. Travis Tennis Courts 3270 Graham 40. Wade Park 2400 East Price 41. Walker Park 1800 blk W. Shiloh 42. Wise Field 638 4`h S.W. 43. Eastgate Park Eastegate and 48`n REFERENCES 1.) 2.) 3.) 4.) CONTACT PERSON: PHONE NO.: YRS. SERVED CONTACT PERSON: PHONE NO.: YRS. SERVED CONTACT PERSON: PHONE NO.: YRS. SERVED CONTACT PERSON: PHONE NO.: YRS. SERVED THE REFERENCE SECTION MUST BE COMPLETED 1N FULL 1N ORDER TO BE CONSIDERED FOR AWARD. INSURANCE REQUIREMENT AFFIDAVIT TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT I MUST BE RETURNED AS PART OF BID I, the undersigned agent, certify that the insurance requirements contained in this bid document have been reviewed by me with the below-identified vendor/contractor/consultant/engineer/architect. If the below-identified vendor/contractor/consultant/engineer/architect is awarded this contract by the City of Paris, I will be able, within ten (10) working days after being notified of such award, to furnish a valid insurance certificate to the City meeting all of the requirements contained in this bid. Agent's Signature Agent Name (Print or Type) Narrie of Insurance Carrier Address of Agency City/State Phone Number Name of Vendor/Contractor/Consultant/Engineer/Architect (Print or Type) SUBSCRIBED AND SWORN TO before me this day of Notary Public, State of Texas NOTE TO AGEN'1': f this time requirement is not met, the City has the right to declare this vendor non-responsible and award th ontract to the next lowest bidder meeting the specifications. If you have any questions concerning thes INSURANCE REQUIREMENTS INSURANCE: Review these insurance requirements and the insurance checklist which follows with your insurance agent r~ ior to submitting the Insurance Affidavit and bid or proposal to the City of Paris. General Insurance Requirements: 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 in the Insurance Check List that follows and such insurance has been - approved by the City; nor shall the Contractor allow any subcontractor to startwork 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 who work under Contractor to maintain during the term of this agreement, policies of insurance providing the same type and amount of coverage as is required of 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 Manager of the City of Paris, Texas, P. O. Box 9037, Paris, TX 75461-9037." - 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) are to be named as an additional insured under all insurance policies under this Contract except Workers' Compensation, 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 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. 1.7 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 afterfinal 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 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 three (3) business 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. ContractorNendor 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: General aggregate limit is to apply per project. Premises/Operations: iii. Actions of Independent Contractors; iv. Prod ucts/Com pl eted 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. 19. Owners Protective $500,000 Combined single limits Liability 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 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. BesYs 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 STATEMENT 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 Automobile Liability X 27. Liability policies are (indicate): OCCURRENCE [ ] CLAIMS MADE [ ] Insurance Agent (Print) Signature Date x