15-APPROVE RES AWARDING BID FOR STREET DIVISION CURB/GUTTER ETCCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
3-19-2012
Street Division 46
Ronald J. Sullivan, P.E., Public
Council Date:
Works Director
15.
3-26-2012
RECOMMENDED MOTION: Approve a
resolution awarding the bid for Street Division
curb/gutter, standard driveway approaches and reinforced concrete sidewalks to the
lowest bidder as shown on the attached bid tabulation.
POLICY ISSUE(S):
Bid Award
BACKGROUND:
This is the annual bid for curb/gutter, standard driveway approaches and reinforced concrete sidewalks
to be used by the Street Division - 46, Water Distribution - 83, Sewer Maintenance - 85, and Parks
Division - 43.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Bid tabulation
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$153,000 in Street Division,
❑ Presentation ❑ Ordinance
$430,000 in Water Distribution
❑ Public Hearing ❑ Other
,
$45,000 in Sewer Maintenance and
$10,000 in Parks Division
YTD Actual
$152,893.80 in Street Division,
$277,565.60 in Water Distribution
$35,486.17 in Sewer Maintenance,
and $5,050.00 in Parks Division
Acct. Name
Sidewalks & Curbs
Street & Alley Repairs
Contract Services (Not HPI)
Water Main Repairs
Service Line Replacement
Storm Sewers
Acct. Number
O 1-0405-46-00, 0 1- 0351-46-00,
10-0408-83-00, 10-0412-83-00, 10-
0407-85-00, 01-0406-43-00
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administtation E City Clerk ❑ Comm
unity Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library
❑ Police Z Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
13~
Draft
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 IN THE CITY OF PARIS, TEXAS TO POWER JACK
FOUNDATION REPAIR, 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, Texas 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., Tuesday, the 131h day of March, 2012; and,
WHEREAS, the lowest responsible bid for all phases of the project was made by Power Jack
Foundation Repair, Inc., 4725 Lamar Ave., Paris, Texas 75460, and the contract should be awarded to
Power Jack Foundation Repair, Inc., in accordance with the unit prices bid and 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 Power Jack Foundation Repair, Inc., 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 Interim 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 Power Jack Foundation Repair, 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 26th day of March, 2012.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
A.J. Hashmi, M.D., Mayor
~35
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 Power Jack
Foundation Repair, 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 April 1, 2012.
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
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.
1
EXHIBIT ~
~ 3
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
«B„
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
30t" 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 occurrence and $1,000,000.00 aggregate for bodily injury (including
death), and damage 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 Contractor 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 licensed to write insurance policies by the State of Texas. The policy or
policies shall be written or endorsed to cover the City, its elected officials, officers and
employees as additional insured. 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 1 st 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 the City, its elected officials, officers and employees are covered 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.
The Contractor and its 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
2
v 3-1
act or intentional wrongful act or omission 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 Contractor
and its sureties shall be required to pay any judgment, with cost including attorneys fees,
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.
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.
3
13b
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:
Gene Anderson, Interim City Manager
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mcllyar, City Attorney
Power Jack Foundation Repair, Inc.
By:
Printed Name:
Title:
4
ACKNOWLEDGMENTS
BEFORE ME, the undersigned authority, on this day personally appeared Gene
Anderson, Interim 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
.2012.
Notary Public, State of Texas
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared
, of Power Jack Foundation Repair, 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
, 2012.
Notary Public, State of Texas
5
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Publish Dates: February 26, 2012
March 4, 2012
NOTICE TO BIDDERS
The City of Paris will receive sealed bids at the Office of the City Manager, City of Paris, 135 ls`
S.E., P.O. Box 9037, Paris, Texas 75461-9037, for the furnishing and delivery of the following
materials:
Hot Mix Cold Laid Asphalt, "Type "A" (Coarse Base) Material
Hot Mix Cold Laid Asphalt, Type "B" (Fine Base) Material
Hot Mix Cold Laid Asphalt, Type "D" (Fine Mixture) Material
Aggregate Cover Stone (Type B, Grade 4, Uncoated)
Aggregate Cover Stone (Type B, Grade 5, Uncoated)
Aggregate Cover Stone (Type B, Grade 5, Coated)
CRS-2 Emulsion Asphalt
SS-1 Emulsion Asphalt (Tack Oil)
Portland Cement Concrete, "Class A" (5 Sack)
Portland Cement Concrete, "Class C" (6 Sack)
Portland Cement Concrete, Grout
Flexible Base Material (Red Rock), Type A, Grade 1(13/4" Flex Base)
Flexible Base Material (White Rock), Type A, Grade 1(1 '/4" Flex Base)
Sand
Curb/Gutter, Standard Driveway Approaches, Valley Gutters, and Reinforced
Concrete Sidewalks
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: Street Materials" and return to the
Office of the City Manager, City of Paris, 135 ls` SE, P. 0. Box 9037, Paris, Texas 75461
no later than 3:00 P.M. on Tuesday, March 13th, 2012 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.
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INVITATION FOR BIDS
FOR THE DEMOLITION AND CONSTRUCTION OF
CURB/GUTTER, STANDARD DRIVEWAY APPROACHES, VALLEY GUTTERS,
AND REINFORCED CONCRETE SIDEWALKS
FOR THE STREET DIVISION
OF THE
PUBLIC WORKS DEPARTMENT
CITY OF PARIS
PARIS, TEXAS
February 2012
43
CITY OF PARIS
DEPARTMENT OF PUBLIC WORKS
SPECIFICATIONS FOR
DEMOLITION AND CONSTRUCTION OF
CURB/GUTTER, CONCRETE SIDEWALK AND
STANDARD DRIVEWAY APPROACHES
Req uirements •
It is estimated that 5,000 linear 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 April 1, 2012 through March 31, 2013.
Exact quantities or feet cannot be determined, but best estimates are as indicated above.
Quantities may be increased or decreased to meet the requirements of the Street Operations
Division of the Public Works Department during the period shown above. Minimum quantities
are not guaranteed.
Specifications/Requirements:
Demolition and construction of Curb/Gutter, Standard Driveway Approaches and Concrete
Sidewalk must conform to the following guidelines and attached drawings.
1. Concrete Curb and Gutter: All concrete used for curb and gutter in the City of Paris
will have a cement content of not less than 5 sacks of cement per cubic yard of concrete and a
minimum compressive strength at 28 days of 3,000 pounds per square inch. The unit price bid
for curb and gutter shall include 3- #3 bars of reinforcing steel. All loose material between the
form will be removed and the grade wetted prior to the placing of the concrete. An approved
curing compound shall be applied to the surface in accordance with Section 6.
2. Concrete Valley Gutters: All concrete valley gutters shall have a thickness of six (6")
inches. Concrete valley gutters shall be reinforced with #4 bars on eighteen (18") inch spacing
on both directions. All concrete shall have a minimum cement content of 5 sacks per cubic yard
and a minimum compressive strength at 28 days of 3,000 pounds per square inch. An approved
curing compound shall be applied to the surface in accordance with Section 6.
3. Reinforcing Steel: All reinforcing steel used on this project shall comply in all respects
to Item 440, "Reinfarcing Steel" of the Standard Specifications for Construction of Highways,
Streets, and Bridges as adopted by the State Department of Texas" on June 1, 2004. Payment for
reinforcing steel shall be considered subsidiary to the various bid items.
4. Concrete Driveways: Driveways shall be composed of concrete having a minimum
cement content of 5 sacks per cubic yard and a minimum compressive strength at 28 days of
3,000 pounds per square inch. The unit bid price shall also include #3 bars of 12 inch, or #4 bars
on 18 inch centers both ways. An approved curing compound shall be applied to the surface in
accordance with section 6.
N4
5. Concrete Sidewalks:
A. Materials: Sidewalks shall be constructed of concrete with a minimum cement contents of 5
sacks of cement per cubic yard of concrete, 3% entrained air, and a compressive strength of not
less than 3,000 pounds per square inch at 28 days. Reinforcing steel shall be #3 bars on 18"
centers both ways located two inches (2") below the top surface of the sidewalk. As soon as the
concrete has obtained its initial set, a white pigmented approved curing compound shall be
applied.
B. Construction Procedure: In general, the grade of the sidewalks shall be established with
respect to the curb. Forms shall be set for all sidewalk and shall be true to line and grade. Forms
shall be set to provide a minimum cross slope of 1/4 inch per foot across the sidewalk toward the
street. All forms shall remain in place at least twenty-four (24) hours.
The plane of all joints shall make a right angle with the surface of the pavement. No joints shall
have an error in alignment of more than one-half (1/2") inch at any point. The edges of the slab
at all joints, except where joints are sawed, shall be rounded with an edger having a radius of
one-quarter (1/4") inch, except as otherwise shown on the plans. The edging shall also be done
symmetrically on each section with plane of the joint.
Longitudinal expansion joints, joints used to separate new from old concrete, and joints around
all fire hydrants shall be made of conventional one-half (1/2") inch asphalt expansion joint
material extending completely through the concrete unless otherwise specified on the plans.
Contraction joints shall be made in the sidewalk at regular intervals, such intervals generally
being equal to the width of the sidewalk.
The contractor shall grade or fill, as necessary, along tbe sidewalk to match the existing ground.
Care will be used to insure that adjacent property outside the right-of-way line is protected.
6. Curing: All concrete shall be cured by protecting it against loss of moisture for a period
of not less than seventy-two (72) hours. Immediately after the surface water sheen has
disappeared, impervious membrane curing compound shall be applied uniformly to the surface
of the pavement. The membrane curing compound shall be sprayed in one application at a rate
of not less than one gallon to one hundred eighty (180) square feet of pavement area. The
concrete surface to which membrane curing compound is applied shall be protected from
abrasion or damage which results in perforation of the membrane film during the first seventy-
two (72) hours after application. After removal of forms, the sides shall be coated with
membrane curing compound prior to the banking of earth against them. The curing method as
herein specified does not preclude the use of any of the other commonly used methods of curing,
and the Engineer may approve them if so requested by the contractor. Payment for curing is
considered subsidiary to other bid items in this contract.
144 1~k
7. Approved bidder is responsible for the demolition, disposal and cleanup of existing
curb/gutter, driveway approaches or sidewalk.
8. Approved bidder is responsible for the construction of new curb/gutter, driveway
approaches or sidewalk. All construction must comply with American Disabilities Act and
standard TXDOT specifications, except as amended by the project specifications or drawings to
be provided by the City.
9. Approved bidder is responsible for keeping the project area clean during construction and
he is responsible for final cleanup of project site.
10. 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 attorneys 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 properly executed Certificate of Insurance evidencing that
the successful bidder has met all the Insurance Requirements required herein.
11. The Contractor will provide traffic control and appropriate barricades at project site.
12. The City of Paris Public Works Department will assign project areas as needed in various
locations.
13. The approved bidder will invoice the City of Paris Public Works Department bi-weekly.
No partial payments for work in place will be made. One payment, upon successful completion
and acceptance by the OWNER will be made.
14. Quantities shown on the BID FORM are estimated quantities only. The OWNER will
direct the work in coordination with Contractor to expedite completion of work and to minimize
any downtime and moving time.
15. The City of Paris Public Warks Department will inspect the project site on a daily basis.
Failure of the Contractor to maintain the project schedule and/or to construct the project in
accordance with guidelines and specifications will be grounds for termination of the contract.
~ 6
Basis of Award:
It is the intention of the City of Paris to award 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 award the bid as may be most advantageous to the City of Paris.
Price/paVment:
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.
I 4 C."
INSURANCE REQUIREMENTS
CONSTRUCTION
INSURANCE: Review these insurance requirements and the insurance checklist which
follows with your insurance agent prior to submitting your bid or proposal to the City of
Paris.
1. 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 such insurance has been approved by the City; nor shall the
Contractor allow any subcontractor to start work on any subcontract until
all insurance required of the subcontractor has been so obtained and
approved by the Contractor. Contractor must submit appropriate
certificates of insurance detailing the required coverage before the
contract can be awarded. In certain instances, properly signed policy
endorsements and/or certified copies of insurance policies showing the
required coverage will be required.
1.2 The Contractor shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liability insurance, in the same manner as specified for the
Contractor. The Contractor shall furnish subcontractors' certificates of
insurance to the City immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the
following provision: "It is agreed that this policy is not subject to
cancellation, non-renewal, material change, or reduction in coverage until
ten (10) days prior written notice has been given to the City Engineer, City
of Paris".
1.4 No acceptance and/or approval of any insurance by the City shall be
construed as relieving or excusing the Contractor, or the surety, or its
bond, from any liability or obligation imposed upon either or both of them
by the provisions of the Contract Documents.
1.5 The City of Paris (including its elected officials, officers and employees) is
to be named as an additional insured under all insurance policies under
this Contract except Workers' Compensation and Automobile Liability, and
the certificate of insurance, or the certified policy, if requested, must so
state. Coverage afforded under this paragraph shall be primary as
respects the City, its elected officials, officers and employees.
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1.6 The Contractor shall provide insurance coverage for this contract and/or
project as specified in the "Insurance Checklist" attached hereto. Full
limits of insurance required by the checklist attached shall be available for
claims arising out of this contract and/or project.
1.7 The Contractor covenants to save, defend, hold harmless and indemnify
the City and its elected officials, officers and employees (collectively the
"City") from and against any and all claims, loss, damage, injury, cost
(including court costs and attorney's fees), charges, liability or exposure,
however caused, resulting from or arising out of or in any way connected
with the Contractor's performance or non-performance of the terms of the
Contract Documents or its obligations under the Contract. This
indemnification shall continue in full force and effect until the Contractor
completes all of the work required under the Contract, except that
indemnification shall continue for all claims involving products or
completed operations after final acceptance of the work by the City for
which the City gives notice to the Contractor after the City's final
acceptance of the work.
1.8 The Contractor shall be responsible for the work performed under the
contract and every part thereof, and for all materials, tools, equipment,
appliances, and property of any and all descriptions used in connection
with the work. The Contractor assumes all risks for direct and indirect
damage or injury to the property or persons used or employed on or in
connection with the work contracted for, and of all damage or injury to any
person or property wherever located, resulting from any action, omission,
commission or operation under the Contract, or in connection in any way
whatsoever with the contracted work, until final acceptance of the work by
the City.
1.9 Insurance coverage required in these specifications shall be in force
throughout the Contract Term. Should the Contractor fail to provide
acceptable evidence of current insurance within seven (7) days of written
notice at any time during the Contract Term, the City shall have the
absolute right to terminate the Contract without any further obligation to
the Contractor, and the Contractor shall be liable to the City for the entire
additional cost of procuring performance and the cost of performing the
incomplete portion of the Contract at time of termination.
1.10 Contractual and other liability insurance provided under this Contract shall
not contain a supervision, inspection or engineering services exclusion
that would preclude the City from supervising or inspecting the project as
to the end result. The Contractor shall assume all on-the-job
responsibilities as to the control of persons directly employed by it and of
the subcontractors and any persons employed by the subcontractor.
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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.
ii. Premises/Operations:
Actions of Independent Contractors;
iv. Prod ucts/Com pleted Operations to be maintained for one year. Final
completion and acceptance of the work, with evidence of same filed with
owner.
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v. Contractual Liability including protection for the Contractor from claims
arising out of liability assumed under this contract;
vi. Personal Injury Liability including coverage for offenses related to
employment;
vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable.
Coverage required for any and all work involving drilling, excavation, etc.
2.1.2 Business Automobile Liability including coverage for any owned,
hired, or non-owned motor vehicles and automobile contractual
liability.
2.1.3 Workers' Compensation - statutory benefits as required by the
State of Texas, or other laws as required by labor union
agreements, including Employers' Liability coverage.
2.2 Owner's Protective Liability Insurance:
In addition to the insurance described above, the Contractor shall obtain,
pay for and maintain at all times during the prosecution of the work under
the contract, an owner's protective liability insurance policy naming the
Owner and Engineer as insured for property damage and bodily injury,
including death, which may arise in the prosecution of the work or
Contractor's operation under this contract. Coverage shall be on an
"occurrence" basis, and the policy shall be issued by the same insurance
company that carries the Contractor's liability insurance.
Limits of liability shall be as follows:
Bodily Injury $500,000 each occurrence
Property Damage $500,000 each occurrence
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INSURANCE CHECKLIST
Construction Projects
("X" means the coverage is required.)
Coveraqe Required
X 1. Workers' Compensation &
Employers' Liability
_ 2. For Future Use
Limits (Fiqures Denote Minimums)
Statutory limits of State of Texas
$100,000 accident $100,000 disease
$500,000 policy limit disease
_ 3. City Approved Alternative
Workers' Comp. Program
X 4. General Liability
X 5. General aggregate applies
per project (CGL)
X 6. Premises/Operations
X 7. Independent Contractors
X 8. Products
X 9. Completed Operations
X 10. Contractual Liability
X 11. Personal Injury Liability
X 12. XCU Coverages
X 13. Automobile Liability
X 14. Owned, Hired & Non-owned
$150,000 medical, safety program
Minimum $500,000 each incident
$1,000,000 occurrence
Complete entry No. 26
(Items No. 3-10 & 12 require)
500 000 combined single limit
for bodily injury and property damage
damage each occurrence with
$1,000,000 general aggregate that
applies to project under contract
$500,000 each offense & aggregate
$500,000 Bodily Injury & Property
Damage each accident
15. Motor Carrier Act Endorsement
16. Professional Liability
17. Garage Liability
$500,000 Bodily Injury &
Property Damage each accident.
$ BI & PD each occurrence
18. Garage keepers' Legal
X 19. Owners Protective
Liability
$ - Comprehensive
$ - Collision
$500,000 Combined single limits
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X 20. City named as additional insured on other than W/C and Auto. This coverage is primary to all
other coverages the City may possess.
X 21. City provided with Waiver of Subrogation on Workers' Compensation or Alternative program if
applicable.
X 22. Ten (10) days notice of cancellation, non-renewal, material change or coverage reduction
endorsement required. The words "endeavor to" and "but failure" (to end of sentence) are to be
eliminated from the Notice of Cancellation provision on standard ACORD certificates.
X 23. The City of Paris prefers an A.M. Best's Guide Rating of "A-", "VI" or better or Standard and
Poor's Rating AA or better; Authorized to do business in the State of Texas (not applicable for workers'
compensation assigned through pool or alternative compensation programs).
X 24. The Certificate must state bid number and bid title or project name.
_ 25. Other Insurance Required:
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
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FT-o,,,: RECEIVED
(Address) MAR 13 2011
ze~ (Address) CITY MANAGER
PARIS, TEXAS
Re: April 1, 2012 through March 31, 2013 Demolition and construction of Curb/Gutter,
Driveway Approaches and Reinforced Concrete Sidewalk.
Pursuant to and in coinpliance with your bid specifications for the deinolition and construction of
Cw•b/Gutter, Driveway Approaches and Reinfoi•ced Concrete Sidewalk, we bid the following:
• Please submit all bids in unit prices not luinp sum per the estimated quantities provided.
~ 0 4=-
re►- foot for typical curb and gutter installation (city standard)
4500 L.F.
S -(D C~ Remova] and Disposal per L.F.
C~ Total price for 6" typical curb and gutter (sum of the other two prices)
, per foot for curb and gutter to match existing curb style installed
(ie. WPA style curb) 50 L.F.
$_Q . IRemoval and Disposal per L.F
Total price for WPA curb and gutter (sum of other two prices)
per square foot for the standard residential driveway approach installation
(city standard) 4000 S.F.
$ C% Removal and Disposal per S.F.
$ Total price for driveway appi-oach (suin of the other two prices)
$ per square foot for i-einforced concrete sidewalk (city standard)
2500 S.F.
$ C v Removal and Disposa) per S.F.
$ (sy„ e'1 vl Total price for sidewalk replacement (sum of other two prices)
$ S ; '3~ per foot for Concrete Valley Gutters 200 S.F.
$ a Removal and Disposal per S.F.
$ Total price for Concrete Valley Gutters (sum of the other two prices)
BY "
Title:
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Dated the ~ of ~1 1_ , 2012.
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EXHIBIT-~ ~ 4 4