10 Contract AwardCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Departcnent:
Presented By:
A,genda Item No.:
2-13-2009
Street Dept. 46
Shawn Napier, P.E. City Engineer
Council Date:
/Director of Public Works
10.
2-23-2009
RECOMMENDED MOTION:
Move to approve a resolution awarding the contract for concrete sidewalk, curb and
gutter and driveway replacements to Hilliard & Sons in the amount of $150
150.00; and
,
authorizing the City Manager to negotiate and execute all necessary documents.
PoLicY IssvE(s):
Contract Award
BACKGROUND:
This is the annual bid for replacement of existing concrete curb & gutters, sidewalks and
driveways. The Street Department has a ranked list of curb and gutter replacements. The
Water and Sewer Departments need to replace concrete items because of water and sewer
repairs. The 2008-2009 budget information is listed below, however this contract
stretches across two budget years.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and Bid tabulation
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Onder
Expense
$
❑ Depariment Report ~ Resolution
Budgeted Amt
$ 60,000 in Street Dept. Sidewalks
❑ Presentation ❑ Ondinance
& Curbs, $100,000 in Street Dept.
❑ Public Hearing ❑ Other
Contract Services, $45,000 in
Water Distribution and $50,000 in
Sewer Maintenance
YTD Actual
$31,444 in Street Dept. Sidewalks
& Curbs, $22,880.67 in Street Dept.
Contract Services $8,157.16 in
Water Distribution and $9,196.30
in Sewer Maintenance
Acct Name
Sidewalks & curbs, Contract
Services, Street & All R airs
Acct Number
01-0405-46-00, 01-0350-46-00,
10-0407-83-00, 10-0407-85-00
FlscAL NoTES:
REVIEWED AND APPROVED BY:
[D Administration (D City C;lerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court E Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
attorney\reswork\current\Curb & Gutter Awd & Contract Res 2009
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING THE BID AND AWARDING THE CONTRACT FOR THE
REPLACEMENT OF CONCRETE CURB & GUTTERS, DRIVEWAY APPROACHES
AND REINFORCED CONCRETE SIDEWALKS IlV THE CITY OF PARIS TO
HILLIARD AND SONS CONTRACTORS, INC., THE LOWEST RESPONSIBLE
BIDDER; 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 plant, labor, materials, and equipment, and for performing all work required for the
"Curb/Gutter, Driveway Approaches, and Reinforced Concrete Sidewalks" which bids were
received until 3:00 o'clock P,M., Thursday, the 3rd day of February, 2009; and,
WHEREAS, the lowest responsible bid for all phases of the project was made by Hilliard
and Sons Contractors, Inc., 4735 Lamar Avenue, Paris, Texas 75460, and the contract should be
awarded to Hilliard and Sons Contractors, Inc. in accordance with the unit prices bid and the
other terms and conditions set out in the bid documents attached hereto as Exhibit A; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the bid of Hilliard and Sons Contractors, Inc., 4735 Lamar Avenue,
Paris, Texas for the "Curb/Gutter, Driveway Approaches and Reinforced Concrete Sidewalk
Replacement Project" is hereby accepted as the lowest responsible bid which provides the
best value to the City and the contract for this project is hereby let conditioned upon said
contractor meeting all of the terms and specifications included in the agreement and bid
documents attached hereto as Exhibit A.
Section 3. That the City Manager be and he is hereby authorized and directed to
execute on behalf of the City of Paris an Agreement for Replacement of Curb & Gutter,
Driveways and Sidewalks with Hilliard and Sons Contractors, Inc. in the form attached hereto
and incorporated herein as Exhibit A.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 23rd day of February, 2009.
Jesse James Freelen, Mayor
3~
0000
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
. L, O(lC3:a
AGREEMENT FOR REPLACEMENT OF CURB & GUTTER,
DRIVEWAYS AND SIDEWALKS
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
This Construction Agreement is made and entered by and between Hilliard and
Sons Contractors, Inc., 4735 Lamar Ave, Paris, Texas 75462, a Texas Corporation
(hereinafter referred to as "Contractor") and the City of Paris, Texas, a home-rule
municipal corporation (hereinafter referred to as "City") to be effective from and after the
date herein provided.
For and in consideration of the covenants and agreements contained herein, and
for the mutual benefits to be obtained hereby, the parties hereto agree as follows:
1. EFFECTIVE DATE
The effective date of this Agreement shall be March 1, 2009.
II. CONTRACT DOCUMENTS
That the contract documents which are hereby made a part of this Agreement by
actual attachment or by reference hereto are as follows:
Exhibit A Notice to Bidders and Bid Specifications
Exhibit B Bid Form and Proposal submitted by Contractor
III. THE WORK
Contractor shall provide all labor, supervision, materials and equipment necessary
to replace curb and gutter, driveways and sidewalks in the City of Paris in accordance
with the Notice to Bidders and Bid Specifications attached hereto as Exhibit "A",
together with the Contractor's Bid Form and Proposal attached hereto as Exhibit "B";
provided, however, that in the event of a perceived conflict or ambiguity, the provisions of
this Agreement, the Bid Proposal and Specifications, the Invitation to Bid and
Contractor's Bid Form and Proposal shall control, in that order.
IV. TERM/TIME OF COMPLETION
[lU(~4~_s
In 01
Contractor shall commence work under this contract within three (3) business days
following receipt of a Notice to Proceed or work order from the City. Contractor agrees to
complete all work called for under this agreement in a professional and timely fashion and
in accordance with the work orders received.
V. PAYMENT
The City shall pay Contractor in current funds for work completed and accepted by
the City in accordance with the terms of this Agreement. This is a unit price contract and
Contractor shall be entitled to payment for quantities completed and accepted by the City
at unit prices submitted by Contractor in Contractor's proposal attached hereto as Exhibit
«C„
Contractor recognizes that this Contract shall commence upon the effective date
herein and continue in full force and effect until termination in accordance with its
provisions. Contractor and the City recognize that the continuation of any contract after
the close of any given fiscal year of the City of Paris, which fiscal year ends on September
30th of each year, shall be subject to Paris City Council approval. In the event that the
Paris City Council does not approve the appropriation of funds for this Contract, the
Contract shall terminate at the end of the fiscal year for which funds were appropriated
and the parties shall have no further obligations hereunder.
VI. INSURANCE AND INDEMNIFICATION
That Contractor must, at all times during the term of this Agreement, keep and
maintain in full force and effect a policy or policies of insurance, providing at least
$500,000.00 per person and $1,000,000.00 for any single occurrence for bodily injury or
death and $100,000.00 for any single occurrence for injury to or destruction of property,
indemnifying all persons for any and all damages, personal injuries, or property damages
sustained as the result of the negligence of: Contractor, its agents, servants, or
employees, and shall pay all premiums due thereon when due. It is expressly provided
that such insurance policy or policies shall and must be written and issued by a reputable
insurance company or companies, with the City, its elected officials, officers and
employees listed as additional insured, subject to approval by the City Attorney of the City
of Paris, and Contractor or its insurance carrier or carriers shall deliver a copy of any such
policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or
furnish to said City Clerk a current letter or certificate from such company or companies,
evidencing the fact that such insurance is in full force and effect at all times during this
Agreement, and any extensions hereof, and specifically noting thereon that City, its
elected officials, officers and employees as an additional insured. All such policies shall
be written so that the City will be notified of cancellation or of any restrictive amendment of
the policies at least thirty (30) days prior to the effective date of such cancellation or
amendment. Notice shall be by certified mail, return receipt requested, addressed to the
City at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas
75461-9037.
IN [;U() 0 4 -
The Contractor and his sureties shall indemnify, defend and hold the City, its
elected officials, officers and employees harmless from all suits, actions or claims of any
character, name and description brought for or on account of any injuries or damages
received or sustained by any person, persons or property on account of the operations of
the Contractor, his agents, employees or subcontractors; or on account of any negligent
act or fault of the Contractor, his agents, employees or subcontractors in the execution of
said contract; or on account of the failure of the Contractor to provide the necessary
barricades, warning lights or signs; and shall be required to pay any judgment, with cost,
which may be obtained against the OWNER growing out of such injury or damage. The
Contractor likewise covenants and agrees to, and does hereby, indemnify and hold
harmless the OWNER from and against any and all injuries, loss or damages to property
of the OWNER during the perFormance of any of the terms and conditions of this Contract,
whether arising out of or in connection with or resulting from, in whole or in part, any and
all alleged acts or omissions of officers, agents, servants, employees, contractors,
subcontractors, licenses or invitees of the City.
VII. PERFORMANCE AND PAYMENT BONDS
With the execution and delivery of the contract, Contractor shall furnish and file
with the City in the amounts herein required, performance and payment bonds in
accordance with the provisions of Article 5160, Revised Civil Statutes of Texas, as
amended and Article 7.19-1 of the Insurance Code, as amended. The sureties shall be
listed in the most current Federal Register Treasury List. The City reserves the right to
reject any and all sureties.
VIII. INDEPENDENT CONTRACTOR
Contractor covenants and agrees that during the term of this agreement, the
services to be provided hereunder remain the sole responsibility of Contractor, and that
Contractor shall not during the term of this agreement assign, subcontract, or in any other
way authorize or retain other parties to provide such services without the express written
consent of City.
IX. TERMINATION
City shall have the right to unilaterally terminate this agreement at any time and for
any reason upon thirty (30) days written notice to Contractor.
X CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION
The parties agree that the laws of the State of Texas shall apply to this Agreement,
and that it is performable in Lamar County, Texas. The parties further agree that
exclusive venue shall lie in Lamar County Texas.
3
~ LUUU~:,
XI. ENTIRE AGREEMENT; AMENDMENTS;
SUCCESSORS AND ASSIGNS
This Construction Agreement, including the Contract Documents listed in Article II
herein, represent the entire and integrated agreement between City and Contractor, and
supersedes all prior negotiations, representations, or agreements, either written or oral.
This Construction Agreement may be amended only by written instrument signed by both
City and Contractor. This Construction Agreement is binding upon and shall inure to the
benefit of the parties hereto and their respective successors.
IN WITNESS WHEREOF, the parties have executed this Construction Agreement
upon the year and date indicated below their signatures hereto.
CITY OF PARIS, TEXAS
By:
Kevin Carruth, City Manager
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mcllyar, City Attorney
Hilliard and Sons Contractors, Inc.,
CONTRACTOR
By:
Title:
` U0004~
ACKNOWLEDGMENTS
BEFORE ME, the undersigned authority, on this day personally appeared Kevin
Carruth, City Manager of the City of Paris, Texas, known to me to be the person whose
same is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
.2009.
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Gary
Hilliard, of Hilliard and Sons Contractors, Inc., known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2009.
Notary Public, State of Texas
5
(l0 (i4~y
Publish Dates: January 18, 2009
January 25, 2009
NOTICE TO BIDDERS
The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 lst
S.E., P.O. Box 9037, Paris, Texas 75461-9037, for the furnishing and delivery of Curb/Gutter,
Driveway Approaches and Reinforced Concrete Sidewalk
Instructions to bidder
Place completed bid form in a sealed envelope addressed as shown on bid form. Clearly mark on
the outside of the envelope "Sealed Bid: Curb/Gutter, Drivewav Annroaches and Reinforced
Concrete Sidewalk" and return to the Office of the City Manager, City of Paris, 135 lst SE, P. 0.
Box 9037, Paris, Texas 75461 no later than 3:00 P.M. on Tuesday, February 3rd, 2009 at
which time all bids will be publicly opened at the City of Paris City Council Chamber, 107 E.
Kaufman St., Paris, Texas, read aloud, tabulated and referred to the City Council for
consideration. Multiple bids shall be placed in the same envelope. Bids received after the
deadline will be returned to vendor unopened.
Janice Ellis
City Clerk
EXHIBIT~
0 (~U4:~
CITY OF PARIS
DEPARTMENT OF PUBLIC WORKS
SPECIFiCATIONS FOR
DEMOLITION AND CONSTRUCTION OF
CURB/GUTTER, CONCRETE SIDEWALK AND
STANDARD DRIVEWAY A.PPROACHES
Requirements•
It is estimated that 5,040 Iinear feet of Curb and Gutter, 4,000 square feet of Driveway
Approaches and 2,500 square feet of Reinforced Concrete Sidewalk will be repaired during
the period of March l, 2009 through March 1, 2010.
Exact quantities or feet cannot be determi.ned, but best estimates aze as indicated above.
Quantities may be increased or decreased to meet the requirements of the Street Operations
Division of the Public Works Depazrtment during the period shown above. Muumum quantities
are not guazanteed.
Specifications/Requirements :
Demolition and construction of Cnrb/Gutter, Standard Driveway Approaches and Concrete
Sidewalk must conform to the following guidelines and attached drawings.
A) Approved bidder is responsible for the demolition, disposal and cleanup of existing
curb/gutter, driveway approaches or sidewalk.
B) Approved bidder is responsible for the construction of new curb/gutter, driveway
appmaches or sidewatk. All construction must comply with American Disabilities Act
and standazd TXDOT specifications, except as amended by the project specifications or
drawings to be provided by the City.
C) Approved bidder is responsible for keeping the project azea clean during construction and
he is responsible for final cleanup of project site.
D) All bids must be accompanied by a properly executed and completed Insurance Affidavit
in the form attached with #his Bid Proposal.
E) Within 10 days after written notification of award of the contract the successful bidder
shall execute and furnish to the City a contract in a form approved by the City Attorney
along with: (1) a performance bond and a payment bond, with powers of attomeys
attached, each in the full amount of the contract price, executed by a surety company or
surety companies authorized to execute surety bonds and from the list of approved surety
companies maintained by the United States Treasury Department, and (2) a pxoperly
executed Certificate of insurance evidencing that the successful bidder has met all the
Insurance Requirements required herein.
0 11('41 ,
F) The Contractor will provide traffic control and appropriate bazricades at project site.
G) The City of Paris Public Works Department will assign project areas as needed in various
locations.
H) The approved bidder will invoice the City of Paris Public Works Department bi-weekly.
Na partial payments for work in place will be made. One payment, upon successful
completion and acceptance by the OWNER wi11 be made.
n Quantities shown on the BID FORM are estim.ated quantities only. The OWNER will
direct the work in coordination with Contractor to expedite completion of work and to
minimize any downtime and movi.ng time.
J) The City of Paris Public Works Departxnent will inspect the project site on a daily basis.
Failure of the Contractor to mainta.in the project schedule and/or to construct the project
in accordance with guidelines an.d specifications will be grounds for termination of the
contract.
Basis of Award•
It is the intention of the City of Paris to awazd this contract to the lowest responsible bidder
whose bid is received timely and satisfies all the requirements and specifications of the bid
proposal. However, the City of Paris reserves the right to reject any and all bids, to waive any
informality in bidding, and to awazd the bid as may be most advanta.geous to the City of Paris.
Price/nayment:
Price is to be exclusive of any applicable taxes. Bidder is hereby notified that the City of Paris is
exempt from state and local sales taxes. The City of Paris tax exemption number is 1-756000635.
A tax exempt certificate will be furnished upon request.
Payment will be made within thirty (30) days after receipt and acceptance of an invoice.
m ()()()U4 i
N l L t.-I f~Q SCbi-ITRPCTD0Name)
From:
F-~ iAddress)
2'. (Address)
Re: March 1, 2009 - March 1, 2010 Demolition and construction of Curb/Gutter, Driveway
Approaches and Reinforced Concrete Sidewalk.
Pursuant to and in compliance with your bid specifications for the demolition and construction of
Curb/Gutter, Driveway Approaches and Reinforced Concrete Sidewalk, we bid the following:
• Please submit all bids in unit prices not lump sum per the estimated quantities provided.
.
$ 21 ,S D per foot for typical curb and gutter installation (city standard)
4500 L.F.
$ C) Removal and Disposal per L.F.
$ 2~p ,~~C) Total price for 6" typical curb and gutter (sum of the other two prices)
$ 2.q S-d per foot for curb and gutter to match existing curb style installed
(ie. WPA style curb) 50 L.F.
$_(~'oo_ Removal and Disposal per L.F.
$ 3~,!SQ Total price for WPA curb and gutter (sum of other two prices)
DO per square foot for the standard residential driveway approach installation
(city standard) 4000 S.F.
$ U 0 Removal and Disposal per S.F.
$ DO Total price for driveway approach (sum of the other two prices)
$ Z~ per square foot for reinforced concrete sidewalk (city standard)
2500 S.F.
$ ' sD Removal and Disposal per S.F.
~ ~.I S Tota] price for sidewalk replacement (sum of other two prices)
B
Y
Dated the J e O of / iE B 2 U A~`t 12009.
Title: 6s-nmA--r0~
EXHiBIT
lb 0 0 0 C. 4 J
tNSURANCE REQUIREMENT AFFIDAVIT
TO BE C4MPLETED BY APPROPRIATE INSURANCE AGENT ~
MUST BE RETURNED AS PART OF BID
I, the undersigned agent, certifjr 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 in urance certficate to the Ciiy meeting all of the requirements contained
in this bid.,, '
I CURTIS FENDLEY
Agent's Signa e Agent Name (Print or Type)
GENERAL LIABILITY-ADMIR INS. EXCESS - AMERICAN INTERNATIONAL SPECIALTY
Name of Insurance CaRier COMMERCIAL AUTO -UNITED FIRE WORKERS COMP. - TEXAS MUTUAL
1705 LAMAR AVENIIE
Address of Agency
PARIS, TX. 75460
Cit~/State
9 3-784-0836
P~?VPINAR%m~Dr soNS Name of Vendor/Contractor/ConsultanUEngineer/Architect (Print or Type)
SUBSCRIBED AND SWORN TO before me this day of
L~
Notary Public tate 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 Paris at
(903) 785-7511.
.ho00U 4 ~
INSURANCE REQUIREMENTS
CONSTRUCTION
INSURANCE: Review these insurance requirements and the insurance checkiist which
follows with your insurance agent prior to submitting your Insurance Affidavit and bid or
proposal to the City of Paris.
1. Generai {nsurance 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 such insurance has been approved by the City; nor shall the
Contractor allow any subcontractor to start work on any subcontract untii
all insurance required of the subcontractor has been so obtained and
approved by the Contractor. Contractor must submit appropriate
certificates of insurance detaifing the required coverage before the
contract can be awarded. In certain instances, properly signed policy
endorsements andlor certified copies of insurance policies showing the
required coverage will be required.
1.2 The Contractor shall require ail subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liabiliiy insurance, in the same manner as specfied for the
Contractor. The Contractor sha{I furnish subcontractors' certificates of
insurance to the Ci#y 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 shafl be
construed as retieving or excusing the Contractor, or the surety, or its
bond, from any liabifity 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 alt insurance policies under
this Contraet except Workers' Compensation and Automobi{e Liabifity, and
the certificate of insurance, or the certffied policy, if requested, must so
state. Coverage afforded under this paragraph shail be prirnary as
respects the City, its elected officiats, officers and employees.
w (1 0 (1 J 0-o
1.6 The Contractor shall provide insurance coverage for this contract and/or
project as specified in the "Insurance Checkiist" attached hereto. Full
limits of insurance required by the checklist attached shall be available for
claims arising out of this contract andlor project.
1.7 The Contractor covenants to save, defend, hold harmless and indemnify
the Ciiy and its elected officials, officers and employees (colfectively the
"City") from and against any and all claims, loss, damage, injury, cost
(including court costs and attome)(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 atl of the work required under the Contract, except that
indemnification shall continue for all clairns involving products or
completed operations after final acceptance of the work by the Ciiy for
which the City gives notice to the Contractor after the City's final
acceptance of the work.
1.8 The Contractor shall be responsibie for the work performed under the
contract and every part thereof, and for all materials, toots, equipment,
appliances, and property of any and all descriptions used in connection
with the work. The Contractor assumes ail 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 ail 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. Shouid 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 shali have the
absolute right to terminate the Contract without any further ob{igation 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.
.o 0 0 0 (j', 5J..
1.11 Nothing contained in the specifications shall be construed as creating any
contractuai relationship between any subcontractor and the City. The
Contractor shail be as fuily responsible to the City for the acts and
omissions ofi the subcontractors and of persons employed by them as it is
for acts and ornissions 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
stnuctures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Contractor
and its subcontrac#ors during the term of the Contract, and the Contractor
shall be held responsible for any damage to property occumng 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 Vl" 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 deductibfes 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 deductibfes.
2. Contractor's Insurance - "Occurrence" Basis:
2.1 The Contractor shall purchase the following insurance coverage, including
the terms, provisions and fimits shown in the Check(ist.
2.1.1 Commercial General Liability - Such Commercial General Liability policy sha11
include any or all of the following as indicated on the Checklist:
i. General aggregate limit is to apply per project.
ii. 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.. Contractua! Liability including protection for the Contractor from claims
arising out of liability assumed under this contract;
vi. Personal injury Liabiiity including coverage for offenses related to
employment;
2.2
vii. Expfosion, Colfapse, or Underground (XCU) hazards; if applicable.
Coverage required for any and all work involving drilling, excavation, etc.
2.9.2 Business Automobile Liabiliiy including coverage for any owned,
hired, or non-owned motor vehicles and automobile contractual
{iability.
2.1.3 Workers' Compensation - statutory benefts as required by the
State of Texas, or other laws as required by labor union
agreements, including Employers' Liability coverage.
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 shaU 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
.o 00U0S~
INSURANCE CHECKLIST
Construction Projects
("X" means the coverage is required.)
Coveracle ReQUired Limits (Fiqures Denote Minimums)
X 1. Workecs' 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 $500,000 each incident
$1,000,000 occurrence
Complete entry No. 26
X
5. General aggregate applies
per project (CGL)
X
6. Premises/Operations
(ltems No. 3-10 & 12 require)
X
7. Independent Contractors
500 000 combined single limit
for bod'+ly injury and property damage
X
8. Products
damage each occurrence with
X
9. Completed Operations
$1,000,000 general aggregate that
applies to project under contract
X
10. Contractual Liability
X
11. Personal Injury Liability
$500,000 each offense & aggregate
X
12. XCU Coverages
X
13. Automobile Liability
$500,000 Bodily Injury & Property
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 8 PD each occurrence
18. Garage keepers' Legal
$ - Comprehensive
-
$ - - Collision
X
19. Owners Protective
$500,000 Combined single limits
Liability
0 UUUU5'Y
X 20. Ciry named as additfonai insured on other than W/C and Auto. This coverage is primary ta all
other coverages the City may possess.
X 21. City provided with Wanrer of Subrogation on Workers' Compensation or Aiternative program ff
applicabie.
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 CanceUation 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 applicabie for workers'
compensation assigned through pool or aitemative compensation programs).
X 24. The Certificate must state bid number and bid titie or project name.
25. Other Insurance Required:
INSURANCE AGENT'S STATEMENT
I have reviewed these requirements wiifi the bidder named below. AddltionaAy:
GENERAL LIABILITY - 2,500
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 [ I CLAIMS MADE [ ]
CURTIS FENDLEY
. O00055