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HomeMy WebLinkAboutRES 15-297RESOLUTION NO. 15-297 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a three (3) year agreement with Texas Industries for the Blind and Handicapped (TIBH) for basic grounds maintenance and litter removal services for the Downtown Central Business District in the amount of $188,617.32; and, THAT Beaumont Products and Services (BPS), of Beaumont, Texas, will be providing the services to the City on behalf of TIBH; and, THAT the City Manager be and he is hereby authorized to execute an agreement with Texas Industries for the Blind and Handicapped (TIBH) for the purposes described herein. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015 STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT FOR FURNISHING GROUNDS MAINTENANCE AND LITTER REMOVAL FOR THE CENTRAL BUSINESS DISTRICT THIS AGREEMENT is made and entered into by and between the CITY of BEAUMONT, TEXAS (City) , a municipal corporation, hereinafter referred to as "City", and Texas Industries for Blind and Handicapped (TIBH), a State of Texas agency, hereinafter referred to as "TIBH", and Beaumont Products & Services, Inc., hereinafter referred to as "Contractor". Therefore, City, TIBH, and Contractor agree as follows: WITNESSETH 1.0 It is the intent of the City to contract with a private not-for-profit state -certified workshop as provided by the State of Texas for furnishing grounds maintenance and litter removal services for the City's Central Business District (CBD). 2.0 This Agreement shall be in effect for a period of three (3) years beginning December 16, 2015 and ending December 15, 2018. The pricing shall remain the same for all three (3) years. 3.0 The Contractor shall furnish all labor, materials, equipment, and supplies required to perform grounds maintenance and all other requirements of the Agreement in a complete, timely, safe, and professional manner during the duration of the Agreement. The omission of specific reference to any materials or labor necessary for such a job shall not be interpreted as relieving the Contractor from furnishing said materials or labor. 4.0 Services to be provided, as defined and specified in the Scope of Work, attached, are as follows: EXHIBIT "A" Litter Removal, Mowing, Edging/Weed Eating, Sweeping/Blowing. 5.0 Services shall be provided according to schedule requirements specified in the Scope of Work (SOW), excluding official City holidays which include: - Labor Day - Thanksgiving Day - Day after Thanksgiving - Christmas Day New Year's Day - Martin Luther King, Jr's. Birthday - Good Friday - Memorial Day - Independence Day - Veterans Day 6.0 The Central Business District shall be defined as the areas listed or shown in Exhibits A and B. 7.0 It shall be the responsibility of the Contractor to ensure the safety of its employees and citizens while in the performance of this Agreement. Contractor shall ensure each worker is provided with an identifiable standard uniform during each working day. Each employee shall wear brightly -colored safety vests while on City rights-of-way. The operation of all equipment shall be done in a manner that is not hazardous to persons in the designated areas or the operators. 8.0 The contractor may not erect, place, alter, or remove any buildings, covers, signs, slabs, driveways, roads, or facilities of any nature without the prior written consent of the City. Such facilities shall become the property of the City of Beaumont upon termination or expiration of this Agreement. The Contractor shall not use premises or facilities for activities or storage not specifically allowed herein without written approval of the City. 9.0 Contractor shall have access to a storage area for purposes of conducting activities associated with this Agreement. Contractor shall be responsible for maintaining this area. -2- 9.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials, fuel, etc., including security of such. 9.2 Maintenance and repair of equipment used by Contractor in the performance of this Agreement shall be the responsibility of the Contractor. Contractor shall avoid major maintenance and repair activities in public areas and, where applicable, shall perform such activities in the identified storage areas or at locations not on the property. 10.0 The City shall have the right, but not the duty, to inspect, audit, copy, and examine all books and records of the Contractor pertaining to its performance of services and obligations to the City under this Agreement. 11.0 The Contractor may not assign any portion of this Agreement to another party or parties without written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 12.0 This Agreement, including all Attachments and Exhibits, and the City's Purchase Order, shall constitute the entire understanding of the parties here to with respect to the subject matter hereof, and no Amendment, modifications, or alteration of the terms shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 13.0 LIABILITY The Contractor agrees to indemnify and hold harmless the City of Beaumont and its officers, agents and employees from any and all claims, causes of action and damages of every kind, for injury to or death of any person, and damages to property arising out of or in connection with the work clone by Contractor under this Agreement, and including acts or omissions of the City of Beaumont or its officers, agents or employees in connection with said Agreement. 14.0 INSURANCE REQUIREMENTS 14.1 The Contractor shall at all times during the Agreement maintain in full force and effect -3- insurance naming the City of Beaumont as additional insured on the policies for Commercial General Liability and Automobile Coverage as provided in Attachment "A". An original certificate of insurance shall be furnished to the City by the insurance company providing the coverage or tis agent prior to the commencement of work by the Contractor and shall provide that the City shall receive thirty (30) days' prior written notice before any change or cancellation of any policy. 14.2 All of the insurance costs shall be borne by the Contractor. Should any insurance required by the Agreement lapse, the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days, the City may terminate the Agreement and the Contractor shall be in breach of this Agreement. Should the City of Beaumont receive notices of insurance cancellation three (3) or more times within a twelve (12) month period, the City may cancel this Agreement. 15.0 CONTRACT TERMINATION 15.1 Either the City or the Contractor may, upon sixty (60) days' written notice, terminate the contract for reasons of convenience. Said termination on behalf of the City shall be by the City Manager or his designee. 15.2 The City, besides a]I other rights or remedies it may have, shall have the right to terminate this Agreement upon five (5) days' written notice of the Contractor fails to perform the Scope of Work as herein provided. The decision to terminate shall be at the sole discretion of the City Manager or his designee. 15.3 In addition, the City shall have the right to terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: 15.3.1 By failing to pay insurance premiums, liens, claims or other charges. 15.3.2 By failing to pay any payments due the City, State, or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this Agreement or any taxes, fees, assessments, or liens. -4- 15.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 15.3.4 By violation of any provision or non-performance of the Agreement. 15.4 Upon termination or expiration of this contract, the Contractor shall be permitted five (5) working days to remove Contractor -owned material and equipment from the City's premises. Materials and equipment not removed within the specified time shall become the property of the City. 16.0 The relationship of the Contractor to the City shall be that of an independent Contractor, and no principal -agent or employer-employee relationship is created by this Agreement. By entering into this Agreement, the Contractor acknowledges that it will, in the performance of its duties under this Agreement, be acting as an independent Contractor and that not officer, agent, or employee of the Contractor is entitled to any of the benefits and privileges of a City employee or officer under any provision of the statues of the State of Texas or the Charter and Ordinances of the City of Beaumont. 17.0 NOTICES Any notice which City or Contractor may require or desire to give to the other shall be in writing and shall be sent by registered or certified mail to the following respective addresses: CITY: City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 STATE AGENCY: Melinda May, Market Representative Texas Industries for the Blind and Handicapped (TIBH) 119 North Street, Suite H Nacogdoches, TX 85961 CONTRACTOR: Steve Havard, President Beaumont Products & Services, Inc. 1305 Washington Blvd. Beaumont, TX 77705 -5- All notices shall be deemed given on the date so delivered. Either party hereto may change the above address by sending written notice of such change to the other in the manner so provided herein. 18.0 For any information concerning this contact please contact: Terry Welch, Buyer III Finance Department / Purchasing Division City of Beaumont Physical Address: 801 Main St., Suite 315, Beaumont, TX 77701 Mailing Address: P.O. Box 3827, Beaumont, TX 77704-3827 Phone # (409) 880-3107 ♦ Fax # (409) 880-3747 E-mail: twelchS@beaumonttcxas.gov -6- SCOPE OF WORK 1.0 For the purposes of this Agreement, the Contractor shall perform the work specified herein as to scope and schedule for the Central Business District as listed or shown in Exhibits A and B. Contractor shall establish and provide to the City a weekly work schedule showing all areas to be maintained. 2.0 CENTRAL BUSINESS DISTRICT Work to be performed in the areas of the Central Business District shall include: - Mowing, - Edging/Weed Eating, - Sweeping/Blowing, - Litter Removal. 2.1 MOWING — shall consist of regular cutting of grass and turf areas. All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut, the blades of grass. All grass shall be cut at a maximum height of two inches (2"). Upon completion, a mowed area shall be free of clumped grass and tire tracks or ruts from the mowing equipment. Turf shall be cut evenly, without scalped areas or areas of uncut grass. 2.2 EDGING/WEED EATING — shall be performed to keep all curbs, gutters, sidewalks, and paved areas free of grass and weeds, including curb and gutter lines and joints in the sidewalk. Edging/Weed Eating shall occur on the same day as mowing for any area. Grass exceeding two inches (2") in height around signs, fence lines, trees, poles, and other obstacles, shall be removed by monofilament trimming. Contractor shall be responsible for all equipment, materials, and supplies for such cultivation. Bed edges abutting buildings, concrete, or paved areas shall be kept clean and well defined. The City reserves the right to install additional landscaping at its own expense, with maintenance to be the responsibility of the Contractor. -7- Edging/Weed Eating may be accomplished by the use of an approved herbicide. Prior to using an herbicide, Contractor shall obtain written permission for the use of herbicides from the City, and shall provide to the City all material data sheets, and provide proof of each applicator's certification to administer pesticides and herbicides in the State of Texas. All herbicides shall be applied according to manufacturer's specifications. Pesticides and herbicides must be administered in accordance with all laws, rules, and regulations pertaining to its application. Edging/Weed Eating may also be accomplished by mechanical edging to a one inch (1") depth and one fourth inch (1/4") width using a metal blade exposing the concrete surface. Edging/Weed Eating and maintenance of edge shall use a vertical cut approach. All material dislodged by edging/weed eating must be removed from the site prior to the exit of the work crew from the immediate work site. Sidewalks must be edged on both sides. 2.3 SWEEPING/BLOWING — shall be provided to keep all paved areas reasonably free of debris. All walks shall also be swept and debris removed from the site. Debris removal shall always occur on the same day as mowing and edging/weed eating. Cleaning of paved areas and sidewalks shall include, but not be limited to, removal of bird droppings. Work at City Hall location shall be performed at 7:00 A.M. Monday through Friday 2.4 LITTER REMOVAL — shall include all trash and litter, including downed tree limbs three inches (3") in diameter or less, from the entire work area prior to initiating any mowing of the turn areas. All trash and litter removed shall be disposed of by the Contractor to of off-site location in accordance with local, state, and federal laws. Contractor shall be responsible for landfill fees. Any trash and litter cut or broken during maintenance operations shall be completely removed from area prior to the exit of the work crew from the immediate work site. Litter shall be removed from all areas a minimum of three (3) times per week: Monday, Wednesday, and Friday. Contractor shall remove and replace litter bags in the City trash containers a minimum of three (3) times per week, unless otherwise directed by the City. When containers are emptied, Contractor shall replace with new plastic trash liners. Contractor shall be responsible for furnishing all trash liners and for the removal and disposal of all trash. Landfill fees are the responsibility of the Contractor. W-1 Locations of Additional Sites to Contract Grounds Maintenance and Litter Removal for the Central Business District Location Number of Containers Neches St. 4 Containers Park St. 4 Containers Orleans St. 4 Containers Pearl St. 10 Containers Main St. 6 Containers Fannin St. 3 Containers 3.0 SCHEDULE FOR PERFORMANCE Contractor shall furnish the City with a weekly work schedule indicating the areas that wi I I be maintained according to the requirements for each area shown in Exhibits A and B. 3.1 Contractor shall not be required to maintain personnel at the Central Business District on a regular time schedule. However, Contractor shall be available for service calls on necessary between the hours of 7:00 AM and 5:00 PM, Monday through Friday. 3.2 Contractor shall respond to all requests for maintenance, repair, and investigation as identified in this Agreement as soon as practical. In cases where Contractor is required to perform services as identified in this Agreement, such services shall be performed within twenty-four (24) hours. 3.3 City will make available a list of scheduled and unscheduled recreational events during the course of the year for proper maintenance scheduling. The exact number of events cannot be given for any upcoming year. Events held on weekends will require Contractor to perform maintenance to the appropriate area prior to the event. Normal maintenance work may not be provided on the days on which events are scheduled. The City WE reserves the right to rearrange Contractor's work schedule if necessary to accommodate event dates. 3.4 If the Contractor is unable to perform mowing services due to excessive water retention on the grounds, then the City's representative shall be contacted. A final determination will be made by the City's representative about mowing the area in question. 3.5 The City retains the right to inspect and order work to be corrected as needed. 3.6 Mowing and edging/weed eating shall occur once every five (5) working days during the growing season. Mowing and edging/weed eating shall occur every ten (10) working days during the non -growing season. - Growing Season is defined as March through October 31. - Non -growing season is defined as November 1 through February 28. 3.7 Contractor shall have access to a storage area for purposes of conducting activities associated with this contract. Contractor shall be responsible for maintenance of this area. Contractor shall exercise due and prudent care in storage and use of any hazardous materials, including security of such. 4.0 FULFILLMENT AND PAYMENT 4.1 The City agrees to pay the Contractor upon receipt of monthly invoices for services performed satisfactorily. Such payment by City to Vendor shall be made in accordance with the requirements of Texas Government Code §2251.021. The City shall have the right to refuse payment for work not satisfactorily completed. 4.2 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery. -10- 4.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 4.2 Contractor shall submit separate invoices for: - Grounds Maintenance — Central Business District - Grounds Maintenance —Henry Dannenbaum Transfer Facility 4.3 Invoices for the Henry Dannenbaum Transfer Facility shall be mailed to: Beaumont Municipal Transit City of Beaumont P. O. Box 3827 Beaumont, TX 77704 4.4 All other invoices shall be mailed to: ATTN: Accounting Division City of Beaumont P. O. Box 3827 Beaumont, TX 77704 9: All other invoices may be submitted via email to: invoices @)ci.beaumont.tx.us 4.5 Faxed invoices will not be accepted. 5.0 FUNDING Funds for payment are provided by the City of Beaumont budget approved by City Council for each fiscal year only. The State of Texas statues prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of each current City of Beaumont fiscal year will be subject to budget approval. -11- A. Table Below Denotes Monthly and Annual Cost to the City for the Agreement: Location Old Rate NEW RATE Annual Cost Central Business District $13,472.57/mo. $14,146.20/mo. $169,754.44 Henry Dannenbaum Transfer Center $1,497.06/mo. $1,571.91/mo. $18,862.92 B. Table Below Denotes Cost For "As Requested Services" by the City for Scopes of Work Not Included In Agreement That Are Grounds Maintenance and Landscape Related: Labor for "As Requested Services" Cost Per Worker Per Hour Minimum Hours 8 a.m. Monday — 5 p.m. Friday $29.50 2 Hours 5 p.m. Friday- 8 a.m. Monday $34,50 3 Hours -12- IN WITNESS WHEREOF, City and Contractor have executed or caused to be executed by their duly authorized officers or agents this Agreement as of the day and year written below. CITY OF BEAUMONT: L -In (Signature) Kyle Hayes, City Manager Printed Name: Kyle Haves Date Signed: TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED (Signature) Melinda May, Market Representative Printed Name: Date Signed: BEAUMONT PRODUCTS AND SERVICES M (Signature) Steve Havard, Executive Director Printed Name: Date Signed: -13- ATTACHMENT A (Revised 4/1/2013) INSURANCE SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMONT'S PURCHASING DIVISION, and no officer or employee of the City shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s) and amount(s): TYPE AMOUNT Workers' Compensation and Statutory Employer's Liability NOTE: For building or construction projects, and services provided at City -owned facilities, the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC §110.110 which follows this insurance attachment. 2. Commercial General (public) Liability including coverage for the following: a. Premises operations b. Independent contractors C. Products/completed operations d. Personal injury e. Advertising injury f. Contractual liability g. Medical payments 11. Professional liability* i, Underground hazard* J. Explosion and collapse hazard* k. Liquor liability* I. Fire legal liability* III. City's property in Contractor's* care, custody, or control n. Asbestos specific liability* * Not required for this contract Combined single limit for bodily injury and and property damage of $500,000 per occurrence or its equivalent with an aggregate limit of $1,000,000. -14- Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: a. Owned/leased vehicles b. Non -owned vehicles C. Hired vehicles 4. Errors and Omissions insurance policy (when applicable) Combined single limit for bodily injury and property damage of $500,000 per occurrence or equivalent. Provide a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions. a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the interest of each insured may appear) to all applicable coverage. b. Provide for 30 days' notice to City for cancellation, non -renewal, or material change. C. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. For coverages that are only available with claims made policies, the required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. -15- WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City -Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110 As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the following definitions and comply with the following provisions: Workers' Compensation Insurance Coverage A. Definitions: 1. Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City of Beaumont. 3. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Beaumont showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the City of Beaumont: A certificate of coverage, prior to that person beginning work on the project, so the City of Beaumont will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shalt retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. -16- The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the City of Beaumont. As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as: 1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; 2. Remodeling, extending, repairing, or demolishing a structure; or 3. Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. 2"l CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT To be Completed By Appropriate Insurance Agent and submitted with bid proposal. I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified of such award, fm-nish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Agent (Signature) Name of Agency/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone #: ( CONTRACTOR'S NAME: Agent (Print) (Print or Type) NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may be liable for breach of contract. if you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Beaumont at (409) 880-3720. -18- � CERTIFICATE OF INSURANCE Form No. COB1 Edition Date: 12/12/2012 Page 1 of 3 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: City of Beaumont Reference: Phone: / Name and Address of Insured: Phone: / Prime or Sub -Contractor? Name of Prime Contractor, if different from Insured: Project Name: Project Location: Managing Dept.: Project Mgr.: Insurers Affordinci Coveraaes: Insurer A: Insurer B: Insurer C: Insurer D: INSR TYPE OF INSURANCE POLICY POLICY EFF. POLICY EXP. LIMITS OF LIABILITY LTR NO. DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) Commercial General Liability Policy Each Occurrence $ As defined in the Policy, does the Policy provide: General Aggregate $ Completed $ ❑ Yes ❑ No — Completed Operations/Products Operations/ Products Aggregate ❑ Yes ❑ No — Contractual Liability Personal & $ Advertising Injury ❑ Yes ❑ No — Explosion Deductible or Self $ Insured Retention I "I leiCERTIFICATE OF INSURANCE Form No. COB1 Edition Date: 12/12/2012 K Page 2 of 3 INTR TYPE OF INSURANCE POLICY POLICY EFF. DATE MM/DD/YYYY POLICY EXP. DATE MM/DD/YYYY LIMITS OF LIABILITY ❑ Yes ❑ No - Collapse ❑ Yes ❑ No - Under round ❑ Yes ❑ No - Contractors / Subcontractors Work ❑ Yes ❑ No - Aggregate Limits per Pro'ect Form CG 2503 ❑ Yes ❑ No -Additional Insured For - CG 2010 ❑ Yes ❑ No - 30 Day Notice of Cancellation Form - CG 0205 ❑ Yes ❑ No - Waiver of Subrociation Form - CG 2404 Pollution / Environmental Impairment Policy Occurrence $ Aggregate $ Auto Liability Policy As defined in the Policy, does the Policy provide: CSL $ Bodily Injury Per Incident $ ❑ Yes ❑ No - Any Auto Injury ❑ Yes ❑ No - All Owned Autos -Bodily Property Damage ❑ Yes ❑ No - Non -Owned Autos r-1 Yes F] No — Hirad Aijtns ❑ Yes ❑ No - Waiver of Subrogation - CA0444 ❑ Yes ❑ No - 30 Day Notice of Cancellation - CA0244 ❑ Yes ❑ No - MCS 90 Excess Liability Li Umbrella Form ❑ Excess Liability Follow Form Occurrence $ Aggreqate $ Workers Compensation & Employers Liability As defined in the Policy, does the Polis provide ❑ Statutory Each Accident $ ❑ Yes ❑ No - Waiver of Subrogation - WC420304 Disease - Policy Limit $ ❑ Yes ❑ No - 30 Day Notice of Cancellation - WC420601 Disease - Each Employee $ Is a Builders Risk or Installation Insurance Policy provided? ❑ Yes ❑ No $ ❑ Yes ❑ No - Is the City shown as loss a eelmort a ee? Professional Liability As defined in the Policy, does the Policy provide: Each Claim $ ❑ Yes ❑ No - 30 Day Notice of Cancellation Retroactive Date: Deductible or Self Insured Retention $ -20- CERTIFICATE OF INSURANCE Form No. COB1 Edition Date: 12/12/2012 Page 3 of 3 AGENT CERTIFICATION: THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. Name of Insurance Company: Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip: Authorized Agent's Phone Number (including Area Code): Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: City of Beaumont P. O. Box 3827 Beaumont, Texas 77704-3827 -21 - DATE ISSUED: AUTHORIZED REPRESENTATIVE SIGNATURE Licensed Insurance Agent Printed Name: EXHIBIT "A" Map of Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District Bid No. TF1216-05 -22- tl '$ d It jLsYs�! Y ssd/ 5�OO tit " yn9O ledplun00i LL,eeam.r,,Z901, Op M ss,eOisLpl Bnd uO16uNLM Nil k3i - --LL19LL65L'06" AY0RA0WR1,ilU-j•'QM9 *C I9 A-�1 KOEIff tfh snnd Wstsus>{bsgL _t? OL!9L691'S -__ _ pullfl ino"I to cotS01'LL00 Aylpid �sfsue jrLuns uiYuq.4Ye1{� ONL90NL'UM _ [d M. Y pawWOO ns.I. Ll11tl1OlZFR vela ptW •1[INw�_9ll OiflLit9CL W�IN_ilndluiNuny�itaP1!___�kiLZLOSe'09soo -___ pugs sNs s4'LYL9CL S _ Y�ed luoiLi .Sl' 91 SM tL 0[ Buq,ed ywd luelHsAOt 0l1 OSOSLL'OLLS • r'� Rnt�l I�V07sgIluQ Lll KSLLOZOtLL lO-I 6N,Nsd aitdsO eNW j^.il', LSLGOSILYCS4 �nugelAi01 "4111USO'LL604_-" ' KIN10 i98sMt >o� ONy,id UG RUO L�SLC'065001 -••�Assyt uiBa—_¢j6SOg9146 b Mlnl' glOd luo W"*Or i' Lf 4t'fSi16 ' d. siO4y�d'. L:O1s9Oi099SLt v-ld--flW -.OG SYtl'S06SL as fi _ UO Ol. sary . i9lridsy4_ f `j ♦` Y`� / 70 9J, ..� ' 1 F — Tsiw6nm I . I uiuicn ZZI.!_ $, '1 Wf97hN �:, l o.4uc� ld� % b�7N1TNJF!/Lp(n� 91 C4"01-9 J` EXHIBIT "B" Locations and Instructions for All Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District Bid No. TF1216-05 -23- EXHIBIT "B" - Grounds Maintenance and Litter Removal for the Central Business District Bid No. TF1216-05 LOCATION MOW EDGE SWEEP LITTER FOUNTAIN ADDITIONAL INFORMATION Beaumont Public Library Y& Parking Lot Weekly Weekly 3 X Week, MWF, 3 X WeekMWF Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mo in YJedPa8 by 10:00 AM. Beokenstein Plaza Weekly Weekly Same day mowing/ 3 X Week MWF Sweeping may be performed after mowinged8'm8 on the days that those occur. Remove litter prior to mowingledging edging occurs Mow to min.Sweeping 5 X Week. MTWTF, Clean exierioras needed. to be performed daily at 7:00 a. after mowing/edging on the days that those occur. Remove litter from .m City Ha!] and Parking Lot 5 ft. outside Weekly by 7:00 AM. 5 X Week MTWTF Remove bird droppings on exterior. lawn areas prior to mowingyedging Remove bird droppings from City Hall side entrance and sidewalks daily as offence line. needed. Severely sloped areas adjaceot to railroad rights of way are included in warner. Civic Center & Perlin Lot 8 Weekly Y Weekly5 X Week MTWIF, 5 X Week MTWIF Sweeping be erformed after rnowin ed " on the d that those occur. Remove lino prior to mowing/edging. eeP 8 zany P g 8mg P by 1000 A.M. Convention & Visitors Bureau 3 X Week 3 X Week, MWF Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowmg/edging. Rotary Fountairr/Parking Loi Weekly Weekly Same day mowing' 3 X Week; MWF Clean exterior as needed. Sweeping maybe performed after mowinafedging on the days that those occur. Remove litter prior to atowing/edging. ed , occurs Remove bird dro ines on exterior. Delia Harrington Plaza Weekly Weekly Same day mowing/ 3 X Week MWF Swiping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. (Welcome to Beaumont Pant) edging occurs 3 X Week and same day 2 X daily, between Sweeping may be performed after mowingledging on the days that those occur. Remove litter prior to mowingledging Henry Tannenbaum Transfer Facility Weekly Weekly mowing/edging occurs. 7.00-8.00 A.M. and Empty trash containers and replace liners daily. again 3:00-4:00 P.M. Italran Plaza Weekly Weekly Same day mowing3 X Week, MWF s that those occur. Remove litter prior to mowiag/uj Sweeping may be performed after mowing/edging on the drygrtg edging occurs Julie Rogers Theater &Parking Lot Weekly Weekly 3 X Week, MWF, 3 X Week MWF Clean exterior as needed. Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. b 10:00 A.M. Remove bird drotmings on exterior. Laugham Property Weekly Weekly 3 X Week 3 X Week MWF Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging Laurel Mediaa/Island Weekly Weekly 3 X Week 3 X Week. MWF Sweeping may be performed after rnowineedging on the days that thou occur. Remove litter prior to mowing/edging. Lynn Milam Noah Tevis Plea Weekly Weekly 3 X Week 3 X Week, MWF Sweeping may be performed after mowmg/edgag on the days that those occur. Remove litter prior to mowing/edging. Main Street Boulevard 3 X Week 3 X Week, MWF Neches and Laurel Island Weekly Weekly Same day mowingl 3 X Week MWF Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing,edging edsrre occurs urs Parks & Orleans Underpass Why Weekly Same day mowing) 3 X Week MWF Sweeping may be performed after mowing/edging on the days that thou occur. Remove litter prior tomowing/edging. edging occurs Police Department Building Weekly Weekly 3 X Week MWF, 1by 3 X Week MWF Sweeping may be petfortned after mowin ed 'ug on the days that thou occur. Remove litter prior to mowin d m 10:00 AM. Riverfront Park & Parkin Lot 8S We Week) Y Same day mowing/ ' 3 X Wee MWF k Sweeping may be performed after mowin ed on the da that those occur. Remove litter prior to mowin ed ' P 8 Y P Y/ Pn8 Ys g &n8 ed occurs Seout Island Weekly Week) y Same day mowing/ e occurs 3 X Week MWF Swe ma be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowing/edging. Sweepingmay Pe Y P Texas Commerce Bank Island WeeklyWeekly Y Same day mowing/ ' 3 X Week MWF Sweeping may be performed after mowing/edgingon the da that those occur. Remove litter or to mowing/edging. eP 8 Y P� Ys prior S/ Srng ed occurs Tyrrell Historical Library Weekly Weekly 3 X Week, MWF' 3 X Week MWF Sweeping may be performed after mowingjedging on the days that those occur. Remove litter prior to mowing/edging. bv 10:00 A.M. Municipal Court 3 X Week 3 X Week MWF Kyle Plaza Every other Same day mowing/ I X Week No mowing required. Jasmine beds to be edged and trimmed and foreign growth knocked down with weed eater. week edging occurs Fre Memorial Weekly Weekly Same day mowing) 3 X Week MWF Sweepingmmaybe performed after mown /ed "m8 on the days that those occur. Remove liner prior to mowingledging, edging occurs Energy Museum Weekly Weekly Same day mowing, 3 X Week MWF Sweeping �maybe Performed after mowin /ed 'n6 on the days that those occur. Remove litter prior to mowin ed8m& edging octan Art Museum WeeklyWeek) Y Same day mownrg/ 3 X Week, MWF Sweeping be performed after mower ed ' on the that those occur. Remove litter prior to mowm ed ' eP BAY P B/ dn6 P Sr Sm8 edgngoccns Stri Behind AT&T And Entergy P Week) Y WeeklySame day mo'te`l 1 X Week Sweeping may be erfotmed after mowin on the d that those occur. Remove liner prior to mown ed ' eP 8 Y P YledBm6 P 8/ Sm8 edeirrs occur END OF AGREEMENT Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District Bid No. TF1216-05 _24_ STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT FOR FURNISHING GROUNDS MAINTENANCE AND LITTER REMOVAL FOR THE CENTRAL BUSINESS DISTRICT THIS AGREEMENT is made and entered into by and between the CITY of BEAUMONT, TEXAS (City) , a municipal corporation, hereinafter referred to as "City", and Texas Industries for Blind and Handicapped (TIBR), a State of Texas agency, hereinafter referred to as "TIBH", and Beaumont Products & Services, Inc., hereinafter referred to as "Contractor". Therefore, City, TIBH, and Contractor agree as follows: WITNESSETH to It is the intent of the City to contract with a private not -for -profit state -certified workshop as provided by the State of Texas for furnishing grounds maintenance and litter removal services for the City's Central Business District (CBD). 2.0 This Agreement shall be in effect for a period of three (3) years beginning December 16, 2015 and ending December 15, 2018. The pricing shall remain the same for all three (3) years. 3.0 The Contractor shall furnish all labor, materials, equipment, and supplies required to perform grounds maintenance and all other requirements of the Agreement in a complete, timely, safe, and professional manner during the duration of the Agreement. The omission of specific reference to any materials or labor necessary for such a job shall not be interpreted as relieving the Contractor from furnishing said materials or labor. 4.0 Services to be provided, as defined and specified in the Scope of Work, attached, are as follows: EXHIBIT "A" Litter Removal, - Mowing, Edging/Weed Eating, Sweeping/Blowing. 5.0 Services shall be provided according to schedule requirements specified in the Scope of Work (SOW), excluding official City holidays which include; - Labor Day - Thanksgiving Day - Day after Thanksgiving i - Christmas Day j - New Year's Day - Martin Luther King,lr's. Birthday - Good Friday - Memorial Day - Independence Day - Veterans Day 6.0 The Central Business District shall be defined as the areas listed or shown in Exhibits A and B. 7.0 It shall be the responsibility of the Contractor to ensure the safety of its employees and citizens while in the performance of this Agreement. Contractor shall ensure each worker is provided with an identifiable standard uniform during each working day. Each employee shall wear brightly -colored safety vests while on City rights -of -way. The operation of all equipment shall be done in a manner that is not hazardous to persons in the designated areas or the operators. 8.0 The contractor may not erect, place, alter, or remove any buildings, covers, signs, slabs, driveways, roads, or facilities of any nature without the prior written consent of the City. Stich facilities steal I become the property of the City of Beaumont upon termination or expiration of s this Agreement. The Contractor shall not use premises or facilities for activities or storage not specifically allowed herein without written approval of the City. 9.0 Contractor shall have access to a storage area for purposes of conducting activities associated with this Agreement. Contractor shall be responsible for maintaining this area. -2- 9.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials, fuel, etc., including security of such. 9.2 Maintenance and repair of equipment used by Contractor in the performance of this Agreement shall be the responsibility of the Contractor. Contractor shall avoid major maintenance and repair activities in public areas and, where applicable, shall perform such activities in the identified storage areas or at locations not on the property. 10.0 The City shall have the right, but not the duty, to inspect, audit, copy, and examine all books and records of the Contractor pertaining to its performance of services and obligations to the City under this Agreement. 11.0 The Contractor may not assign any portion of this Agreement to another party or parties without written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 12.0 This Agreement, including all Attachments and Exhibits, and the City's Purchase Order, shall constitute the entire understanding of the parties here to with respect to the subject matter hereof, and no Amendment, modifications, or alteration of the terms shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 13.0 LIABILITY The Contractor agrees to indemnify and hold harmless the City of Beaumont and its officers, agents and employees from any and all claims, causes of action and damages of every kind, for injury to or death of any person, and damages to property arising out of or in connection with the work done by Contractor under this Agreement, and including acts or omissions of the City of Beaumont or its officers, agents or employees in connection with said Agreement. 14.0 INSURANCE REQUIREMENTS 14.1 The Contractor shall at all times during the Agreement maintain in full force and effect -3- insurance naming the City of Beaumont as additional insured on the policies for Commercial General Liability and Automobile Coverage as provided in Attachment "A". An original certificate of insurance shall be furnished to the City by the insurance company providing the coverage or tis agent prior to the commencement of work by the Contractor and shall provide that the City shall receive thirty (30) days' prior written notice before any change or cancellation of any policy. 14.2 All of the insurance costs shall be borne by the Contractor. Should any insurance required by the Agreement lapse, the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days, the City may terminate the Agreement and the Contractor shall be in breach of this Agreement. Should the City of Beaumont receive notices of insurance cancellation three (3) or more times within a twelve (12) month period, the City may cancel this Agreement. 15.0 CONTRACT TERMINATION 15.1 Either the City or the Contractor may, upon sixty (60) days' written notice, terminate the contract for reasons of convenience. Said termination on behalf of the City shall be by the City Manager or his designee. 15.2 The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement upon five (5) days' written notice of the Contractor fails to perform the Scope of Work as herein provided. The decision to terminate shall be at the sole discretion of the City Manager or his designee. 15.3 In addition, the City shall have the right to terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: 15.3.1 By failing to pay insurance premiums, liens, claims or other charges. 15.3.2 By failing to pay any payments due the City, State, or Federal Government from the successful bidder or its principals, including, but not limited to, payments identified in this Agreement or any taxes, fees, assessments, or liens. -4- 15.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 15.3.4 By violation of any provision or non-performance of the Agreement. 15.4 Upon termination or expiration of this contract, the Contractor shall be permitted five (5) working days to remove Contractor -owned material and equipment from the City's premises. Materials and equipment not removed within the specified time shall become the property of the City. 16.0 The relationship of the Contractor to the City shall be that of an independent Contractor, and no principal -agent or employer -employee relationship is created by this Agreement. By entering into this Agreement, the Contractor acknowledges that it will, in the performance of its duties under this Agreement, be acting as an independent Contractor and that not officer, agent, or employee of the Contractor is entitled to any of the benefits and privileges of a City employee or officer under any provision of the statues of the State of Texas or the Charter and Ordinances of the City of Beaumont. 17.0 NOTICES Any notice which City or Contractor may require or desire to give to the other shall be in writing and shall be sent by registered or certified mail to the following respective addresses: CITY: City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 STATE AGENCY: Melinda May, Market Representative Texas Industries for the Blind and Handicapped (TIBH) 119 North Street, Suite H Nacogdoches, TX 85961 CONTRACTOR: Steve Havard, President Beaumont Products & Services, Inc. 1305 Washington Blvd. Beaumont, TX 77705 -5- All notices shall be deemed given on the date so delivered. Either party hereto may change the above address by sending written notice of such change to the other in the manner so provided herein. 18.0 For any information concerning this contact please contact: Terry Welch, Buyer III Finance Department / Purchasing Division City of Beaumont Physical Address: 801 Main St., Suite 315, Beaumont, TX 77701 Mailing Address: P.O. Box 3827, Beaumont, TX 77704-3827 Phone # (409) 880-3107 t Fax # (409) 880-3747 E-mail: twelch @@beaumonttexasjjov -6- SCOPE OF WORK 1.0 For the purposes of this Agreement, the Contractor shall perform the work specified herein as to scope and schedule for the Central Business District as listed or shown in Exhibits A and B. I Contractor shall establish and provide to the City a weekly work schedule showing all areas to be maintained. 2.0 CENTRAL BUSINESS DISTRICT Work to be performed in the areas of the Central Business District shall include: - Mowing, - Edging/Weed Eating, - Sweeping/Blowing, - Litter Removal. 2.1 MOWING — shall consist of regular cutting of grass and turf areas. All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut, the blades of grass. All grass shall be cut at a maximum height of two inches (2"). Upon completion, a mowed area shall be free of clumped grass and tire hacks or ruts from the mowing equipment. Turf shall be cut evenly, without scalped areas or areas of uncut grass. 2.2 EDGING/WEED EATING — shall be performed to keep all curbs, gutters, sidewalks, and paved areas free of grass and weeds, including curb and gutter lines and joints in the sidewalk. Edging/Weed Eating shall occur on the same day as mowing for any area. Grass exceeding two inches (2") in height around signs, fence lines, trees, poles, and other obstacles, shall be removed by monofilament trimming. Contractor shall be I responsible for all equipment, materials, and supplies for such cultivation. Bed edges i abutting buildings, concrete, or paved areas shall be kept clean and well defined. The City reserves the right to install additional landscaping at its own expense, with maintenance to be the responsibility of the Contractor. -7- Edging/Weed Eating may be accomplished by the use of an approved herbicide. Prior to using an herbicide, Contractor shall obtain written permission for the use of herbicides from the City, and shall provide to the City all material data sheets, and provide proof of each applicator's certification to administer pesticides and herbicides in the State of Texas. All herbicides shall be applied according to manufacturer's specifications. Pesticides and herbicides must be administered in accordance with all laws, rules, and regulations pertaining to its application. Edging/Weed Eating may also be accomplished by mechanical edging to a one inch (1") depth and one fourth inch (1/4") width using a metal blade exposing the concrete surface. Edging/Weed Eating and maintenance of edge shall use a vertical cut approach. All material dislodged by edging/weed eating must be removed from the site prior to the exit of the work crew from the immediate work site. Sidewalks must be edged on both sides. 2.3 SWEEPING/BLOWING — shall be provided to keep all paved areas reasonably free of debris. All walks shall also be swept and debris removed from the site. Debris removal shall always occur on the same day as mowing and edging/weed eating. Cleaning of paved areas and sidewalks shall include, but not be limited to, removal of bird droppings. Work at City Hall location shall be performed at 7:00 A.M. Monday through Friday 2.4 LITTER REMOVAL — shall include all trash and litter, including downed tree limbs three inches (3") in diameter or less, from the entire work area prior to initiating any mowing of the turn areas. All trash and litter removed shall be disposed of by the Contractor to of off -site location in accordance with local, state, and federal laws. Contractor shall be responsible for landfill fees. Any trash and litter out or broken during maintenance operations shall be completely removed from area prior to the exit of the work crew from the immediate work site. Litter shall be removed from all areas a minimum of three (3) times per week: Monday, Wednesday, and Friday. Contractor shall remove and replace litter bags in the City trash containers a minimum of three (3) times per week, unless otherwise directed by the City. When containers are emptied, Contractor shall replace with new plastic trash liners. Contractor shall be responsible for furnishing all trash liners and for the removal and disposal of all trash. Landfill fees are the responsibility of the Contractor. -8- Locations of Additional Sites to Contract Grounds Maintenance and Litter Removal for the: Central Business District Location Number of Containers Neches St. 4 Containers Park St. 4 Containers Orleans St. 4 Containers Pearl St. 10 Containers Main St. 6 Containers Fannin St. 3 Containers 3.0 SCHEDULE FOR PERFORMANCE Contractor shall furnish the City with a weekly work schedule indicating the areas that will be maintained according to the requirements for each area shown in Exhibits A and B. 3.1 Contractor shall not be required to maintain personnel at the Central Business District on a regular time schedule. However, Contractor shall be available for service calls on necessary between the howl of 7:00 AM and 5:00 PM, Monday through Friday. 3.2 Contractor shall respond to all requests for maintenance, repair, and investigation as identified in this Agreement as soon as practical. In cases where Contractor is required to perform services as identified in this Agreement, such services shall be performed within twenty-four (24) hours. 3.3 City will make available a list of scheduled and unscheduled recreational events during the course of the year for proper maintenance scheduling. The exact number of events cannot be given for any upcoming year. Events held on weekends will require Contractor to perform maintenance to the appropriate area prior to the event. Normal maintenance work may not be provided on the days on which events are scheduled. The City -9- reserves the right to rearrange Contractor's work schedule if necessary to accommodate event dates. 3.4 If the Contractor is unable to perform mowing services due to excessive water retention on the grounds, then the City's representative shall be contacted. A final determination will be made by the City's representative about mowing the area in question. 3.5 The City retains the right to inspect and order work to be corrected as needed. 3.6 Mowing and edging/weed eating shall occur once every five (5) working days during the j growing season. Mowing and edging/weed eating shall occur every ten (10) working days during the non -growing season. - Growing Season is defined as March through October 31. -- Non -growing season is defined as November 1 through February 2$, 3.7 Contractor shall have access to a storage area for purposes of conducting activities i associated with this contract. Contractor shall be responsible for maintenance of this area. Contractor shall exercise due and prudent care in storage and use of any hazardous materials, including security of such. 4.0 FULFILLMENT AND PAYMENT 4.1 The City agrees to pay the Contractor upon receipt of monthly invoices for services performed satisfactorily. Such payment by City to Vendor shall be made in accordance with the requirements of Texas Government Code §2251.021. The City shall have the right to refuse payment for work not satisfactorily completed. H F 4.2 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery. 4.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 4.2 Contractor shall submit separate invoices for: - Grounds Maintenance— Central Business District - Grounds Maintenance —Henry Dannenbaum Transfer Facility 4.3 Invoices for the Henry Dannenbaum Transfer Facility sliall be mailed to: Beaumont Municipal Transit City of Beaumont P. O. Box 3827 Beaumont, TX 77704 4.4 All other invoices shall be mailed to: ATTN: Accounting Division City of Beaumont P. O. Box 3827 Beaumont, TX 77704 -OR- All other invoices may be submitted via email to: invoices@bei.beaumont.tx.us 4.5 Faxed invoices will not be accepted. 5.0 FUNDING Funds for payment are provided by the City of Beaumont budget approved by City Council for each fiscal year only. The State of Texas statues prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end of each current City of Beaumont fiscal year will be subject to budget approval. - 11 - A. Table Below Denotes Monthly and Annual Cost to the City for the Agreement: Location Old Rate NEW RATE Annual Cost Central Business $13,472.57/mo. $14,146.20/mo. $169,754.44 District Henry Dannenbaum $1,497.06/mo. $1,571.91/mo. $18,862.92 Transfer Center B. Table Below Denotes Cost For "As Requested Services" by the City for Scopes of Work Not Included In Agreement That Are Grounds Maintenance and Landscape Related: Labor for "As Requested Services" Cost Per Worker Per Hour Minimum Hours 8 a.m. Monday — 5 p.m. Friday $29.50 2 Hours 5 pan. Friday- 8 a.m. Monday $34.50 3 Hours -12- IN WITNESS WHEREOF, City and Contractor have executed or caused to be executed by their duly authorized officers or agents this Agreement as of the day and year written below. CITY OF BEAUMONT: By: AIL (Signature) Kyle Hayes, City Manager Printed Name: _ Kyle Hawes Date Signed: TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED By: Y (Signature) Melinda May, Market Repres �en tative Printed Name: i" `e I � d�� Date Signed: BEAUMONT PRODUCTS VkND SERVICES By: I (Si a re %ve filvard, Executive Director Printed Name: Sr L-VC ky-yt'47 Date Signed: -13- ATTACHMENT A (Revised 4/1/2013) INSURANCE SECTION A. Prior to the approval of this contract by the City, CONTRACTOR shall furnish a completed Insurance Certificate to the Purchasing office. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and shall furnish and contain all required information referenced or indicated thereon. CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE IS RECEIVED BY THE CITY OF BEAUMON'S PURCHASING DIVISION, and no officer or employee of the City shall have authority to waive this requirement. INSURANCE COVERAGE REQUIRED SECTION B. CITY reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance coverages and their limits when deemed necessary and prudent by CITY, based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONTRACTOR. SECTION C. Subject to CONTRACTOR'S right to maintain reasonable deductibles in such amounts as are approved by CITY, CONTRACTOR shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at CONTRACTOR'S sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to CITY, in the following type(s) and amount(s): TYPE AMOUNT Workers' Compensation and Statutory Employer's Liability NOTE: For building or construction projects, and services provided at City -owned facilities, the successful Contractor shall meet the minimum requirements defined in the Texas Workers' Compensation Commission Rule 28 TAC §110.110 which follows this insurance attachment. . 2. Commercial General (public) Liability including coverage for the following: a. Premises operations b. Independent contractors C. Products/completed operations d. Personal injury C. Advertising injury f. Contractual liability �. Medical payments li. Professional liability* i, Underground hazard* j. Explosion and collapse hazard* k. Liquor liability* 1. Fire legal liability* M. City's property in Contractor's* care, custody, or control u. Asbestos specific liability* * Not required for this contract Combined single limit for bodily injury and and property damage of $500,000 per occurrence or its equivalent with an aggregate limit of $1,000,000. -14- Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: Owned/leased vehicles Non -owned vehicles Hired vehicles 4. Errors and Omissions insurance policy (when applicable) Combined single limit for bodily injury and property damage of $500,000 per occurrence or equivalent. Provide a prudent amount of coverage for the willful or negligent acts or omissions of any officers, employees or agents thereof. ADDITIONAL POLICY ENDORSEMENTS CITY shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS CONTRACTOR agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions. a. Name, the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), (as the interest of each insured may appear) to all applicable coverage. b. Provide for 30 days' notice to City for cancellation, non -renewal, or material change. C. Provide for notice to City at the address shown below by registered mail. d. CONTRACTOR agrees to waive subrogation against the City of Beaumont, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. e. Provide that all provisions of this agreement concerning liability, duty, and standard of care together shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. f. For coverages that are only available with claims made policies, the required period of coverage will.be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five years which shall begin at the end of the warranty period. NOTICES CONTRACTOR shall notify CITY in the event of any change in coverage and shall give such notices not less than thirty (30) days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to CITY at the following address: Purchasing Division City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 SECTION D. Approval, disapproval, or failure to act by CITY regarding any insurance supplied by CONTRACTOR shall not relieve CONTRACTOR of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate CONTRACTOR from liability. -15- WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services Provided at City -Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110 As required by the Texas Workers' Compensation Rule 28, §110.110, the Contractor shall accept the foilowing definitions and comply with the following provisions: Workers' Compensation Insurance Coverage A. Definitions: Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 2. Duration of the project -includes the time from the beginning of the work on the project until the Con tractor's/person's work on the project has been completed and accepted by the City of Beaumont. Persons providing set -vices on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes; without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the City of Beaumont prior to being awarded the contract. D. if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City of Beaumont showing that coverage has been extended. E. The Contractor shall obtain fi•om each person providing services on a project, and provide to the City of Beaumont: A certificate of coverage, prior to that person beginning work on the project, so the City of Beaumont will have on file certificates of coverage showing coverage for al I persons providing services on the project; and 2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter. G. The Contractor shall notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. -16- 1. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.01](44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning work on the. project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the City of Beaumont. As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as: Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; 2. Remodeling, extending, repairing, or demolishing a structure; or Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. -17- CITY OF BE, AUMONT INSURANCE REQUIREMENT AFFIDAVIT f To be Completed By Appropriate Insurance Agent arid submitted with bid proposal. I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Contractor. If the below identified Contractor is awarded this contract by the City of Beaumont, I will be able to, within ten (10) days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid. Agent (Signature) Name of Agency/Broker: Address of Agent/Broker: City/State/Zip: Agent/Broker Telephone #: _( } CONTRACTOR'S NAME: Agent (Print) (Print or Type) NOTE TO AGENT/BROKER If this time requirement is not met, the City has the right to invalidate the bid award and award the contract to the next lowest bidder meeting specifications. Should an awarded bid be invalidated the Contractor may be liable for breach of contract. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Beaumont at (409) 880-3720. -18- -.Ar CERTIFICATE OF INSURANCE Form No. COB1 Si Edition Date: 12/12/2012 A or Page 1 of 3 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, insurance afforded by policies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified, Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL ENDORSEMENTS TO THIS FORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: Phone: / Name and Address of Insured: Phone: Prime or Sub -Contractor? Name of Prime Contractor, if different from Insured: City of Beaumont Reference: Project Name: Project Location: Managing Dept.: Project Mgr.: Insurers Affording Coverages: Insurer A: Insurer B: Insurer C: Insurer D: INSR TYPE OF INSURANCE POLICY POLICY EFF. POLICY EXP. LIMITS OF LIABILITY LTR NO. DATE DATE (MMIDD/YYYY) (MMIDD/YYYY) Commercial General Each Occurrence $ Liability Policy As defined in the Policy, does the Policy General Aggregate $ provide: Completed $ ❑ Yes ❑ No — Completed Operations/Products Operations/ Products Aggregate ❑ Yes ❑ No — Contractual Liability Personal & Advertising Injury $ Deductible or Self $ ❑ Yes ❑ No — Explosion Insured Retention -19- CERTIFICATE OF INSURANCE Form No. COB1 set Edition Date: 12/12/2012 . Page 2 of 3 ILTR TYPE OF INSURANCE PNLOI. POLICY EFF. DATE POLICY EXP. DATE LIMITS OF LIABILITY MM/DD/YYYY MM/DD/YYYY ❑ Yes ❑ No — Collapse ❑ Yes ❑ No — Underground ❑ Yes ❑ No — Contractors / Subcontractors Work ❑ Yes ❑ No — Aggregate Limits per Project Form CG 2503 ❑ Yes ❑ No — Additional Insured For — CG 2010 ❑ Yes ❑ No — 30 Day Notice of Cancellation Form - CG 0205 ❑ Yes ❑ No — Waiver of Subrociation Form - CG 2404 Pollution / Environmental Occurrence $ Impairment Policy Aa2regate $ Auto Liability Policy CSL $ As defined in the Polley, does the Policy provide: Bodily Injury $ (Per Incident) u ,— u wV - n11r%uw i boaw In u n Yoe nKl� - Alt n... .. AA-f— r.____.1_-____.. .. ❑ Yes ❑ No — Non -Owned Autos ❑ Yes ❑ No — Waiver of Subrogation - CA0444 ❑ Yes ❑ No — 30 Day Notice of Cancellation - CA0244 ❑ Yes ❑ No — MCS 90 Excess Liability ❑ Umbrella Form Occurrence $ ❑ Excess Liability Follow Form Aggregate $ Workers Compensation & Employers Liability ❑ Statutory As defined in the Policy, does the Policyprovide Each Accident $ ❑ Yes ❑ No — Waiver of Subrogation - WC420304 Disease - Polley Limit $ ❑ Yes ❑ No — 30 Day Notice of Cancellation - WC420601 Disease - $ Each Employee Is a Builders Risk or Installatlon Insurance $ Policy provided? ❑ Yes ❑ No ❑ Yes ❑ No — Is the City shown as loss a eelmort a ee? Professional Liability As defined in the Policy, does the Policy provide: Each Claim $ ❑ Yes ❑ No — 30 Day Notice of Cancellation Deductible or Self $ Retroactive Date: Insured Retention -20- CERTIFICATE OF INSURANCE AGENT CERTIFICATION: Form No. COB1 Edition Date: 12/12/2012 Page 3 of 3 THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are in full force and effect. Name of Insurance Company: Name of Authorized Agent: Company Address: Agent's Address: City: State: Zip: City: State: Zip: Authorized Agent's Phone Number (including Area Code): Original signature of Authorized Agent: X Date: CERTIFICATE HOLDER: City of Beaumont P. O. Box 3827 Beaumont, Texas 77704-3827 -21 - DATE ISSUED: AUTHORIZED REPRESENTATIVE SIGNATURE Licensed Insurance Agent Printed Name: EXHIBIT "A" Map of Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District Bid No. TF1216-05 -22- • vao�pdplunW .Lz;eeesP[-ufes og P1 •xwar rflnd uoLeul„yI AIrO .Qup pAPwly ,vaS7-'DP6 roap [a{a ulp[uwprg; .— !DLteCCfLLfd tZ�►'>dCtD•H L ay{9tAf/Y _ [L{afLt9L'{LPO par r11aW51'•• Aped,rYue N vvu rO Aa fLilsWOL1tn9 ,rwao9 nnl. LL 1kLa"m rqr PaW lilun7, _ m7E1[NrdNln�od Aqo I ft to [x ILL• 3.�ate'aasw _..t�i -i - Purr rNr >ludtn,y .tL fgOft " 7 aaPVrd Y+V„JroritrMp io-lawryrd +•t•+oJ aHG7� G09mtLfLAL- R"IQZUA9'V--, tL LOIa[rfxLt9t �rLuap %M�1 Y L_LC{SPilN L SfB[ZKr4 aril Alo mT auP{Ird a41 .�{ID LI t'[0<BfL •. ta,9 %IGod luo ulnrrg_ DD_LSLCa-LSSaB4 .�.Yf. L t L-es LLi -- / aalpaoB -:41od A,We,d nmla i t,s[ScsseLesa ' nad1oP41sur,Qlty,[d �. LI9tlS[C7s9LTt / �;�¢ of Q7 • ory er,rrdry� " . �. l V 19 'ro •. cz r fi� i� I r•A,jlaeaLlHi _ •• 1 • 1 i .- 3a iM¢VaWI I `ZZj,` ` t1 Nfft /pi�Gri•, - f knot -� j EXHIBIT `_B" Locations and Instructions for All Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District Bid No. TF1216-05 - 23 - EXHIBIT "B" - Grounds Maintenance and Litter Removal for the Cut=[ Business District Bid No. TFI216-03 LOCATION MOW EDGE SWEEP LITTER FOUNTAIN ADDMONALWFOR14ATION Beaumont Public Library & Parking Lot Weekly Weekly 3 X Week MWF, by 10:00A.M. ; X Week, MWF Sweeping maybe performed after mowing/edging on the days that those occur. Remove litter prior to mowinglodging, Beektostcin Plaza Weekly Weekly Same day mowing/ edging occurs 3 X Week MWF Sweeping may be performed after mowingledging on the days than those occur. Remove litter prior to mowing/tdgmg City Hall and Parking Lot ?Now to rnin. 5 � outside Weekly 5 X Wee Millr'FF, k 5 X Week MTWTF Clean exterior as needed. Sweeping to be performed daily at 7:00 a.m. after mowing edging on the days that those occur. Remote lhter from offence line. by 7.00 AM. Remove bird droppings on exterior. lawn areas prior Remove bird droppings from City Hall side entrance and sidewalks daily as inooped d. S s areas adjacent needed. Severely sloped azeas adjacent to milmad rights of way are included in contract. Civic Cantu & Parking Lot Weekly weekly S X Week MTWTP, by 10,00 AM. 5 X Week MTWTP SwcepmB maybe Performed after moiving/edgi ng on the days that those Remove occur. litter prior to mowing/edging Convention & Visitors Bureau 3 X Week 3 X Week MWF Sweeping may be performed aft" mowingledging on the days that those occur. Remove later prior to mowing/edging Rotary FountainTarking Lot Weekly Weekly Sane day mowing( ed • occurs 3 X W� L, WF Clean exterior as needed It ve I.d dro in on exterior. Sweeping may be performed after mowingledging on the days that those occur. Remove titter prior to inowing/edging Delia Harrington Plata (Welcome to Beaumont Park-) Weekly Weekly Same day mowing/ edging occurs 3 X Week, MF Sweeping Sweeping maybe performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. Henry Tannenbaum Transfer Facility Weekly Weekly 3 X Week and same der Y 2 X daily, between Sweeping may be performed alter mowingledging on the days that those occur. Remove lift" prior tomowitig/edging mowmg/cd&g cc,,. 7:00-g:00 AM. and Empty trash containers and replace liners daily. again 3:004:00 P.M. Italian Plata Weekly Weekly Same day mowing/ edging occurs 3 X Week MWF Sweeping may be performed after mowingledging on the drys that those Remove litter occur. priorto iniiwingledging Julie Rogers Theater & Parking Lot Weekly Weekly 3 X Week, MWF, b 10.d0 A.M. 3 X Week MWF Cleart emerior as needed. Remove bird droppints on exterior. Sweeping may be performed after mowingledging on the days that those occur. Remove litter prior to onowing/edgbtg Langham Property Weekly Weekly 3 X Week 3 X Week MWF Sweeping may be performed aftcr mowing/edging on the days that those occur. Remove litter prior to mowing(cripr . Laiirel Mediaa/lstand Weekly Weekly 3 X Week 3 X Week MWF Sweephigmay be performed after mowi ecilgmg on the days that those Remove litter occur. prior to mowing/edging. Lynn Miilam Noah Tevis Plaza Weekly Weekly 3 X Week 3 X Week, MWF Sweeping may be Performed sflu mowingledging on the days that those occur. Remove liner prior to motvingledging Main Seed Boulevard 3 X Week 3 X Week, MWF Neches and Laurcl Island Weekly Weekly Santa day mowing/ clone occurs 3 X We irk MWF Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging Parks & Orleans UnderpassSame Weekly WnHY day mowing] edging occurs 3 X Week.MWF Sweeping may be performed after mowing/cdging oa the days that those occur. Remove litter prior to mowing/edging Police Department Building Weekly Weekly 3 X Week MWF, 10:00 A.M. 3 X Wee MWF k' Sweeping may be performed aftermowinpJedging on the days that those occur. Remove liner prior to mowingledging RiverGom Park & Parking Lot Weekly Weem Same day mowing/ X Wee k MWF Sweeping my be performed after mowingledging on the days edging3 occurs that those occur. Remove liner prior to movringledging Scout Island Weekly Weekly Same day mowing/ 3 X Week MWF Sweeping may be performed after mowing/edging on the days that e occurs those occur. Remove litter prior to mowingledging Texas Commerce Bank Island Weekly Weekly Same day mowing/ od occurs 3 X Week MWF Sweeping may be performed after mowing/edging on the days that those occur. Remove lino mowingledging.prior to mowingledging. Tyrrell Historical Library Weep y Weekly3 X Week MWF, by 10:D0 A,M. 3 X Week MWF Sweeping may be performed after mowingledging on the days that those occur. Remove litter prior to mowing/edgaig Municipal Court 3 X Week 3 X Week MWF Kyle Plaza Every other week Same day mowing! edging occurs 1 X Week No mowing required Jasmine beds to be edged and trinmted and foreign growth knocked down with weed carer. Fire Memorial Weekly Weekly Same day mowing/ 3 X Week MWF S`MeepQ1g may be after mowing/edging days edging occurs performed on the that those occur. Remove liner prior to mowingledging Energy Museum Weekly Weekly Sarin day mowing/ edging«curs W 3 X Week. MWF Sweeping maybe performed after mowing/edging on the days that those occur. Remove liner prior to mowmg/edging Ar. Museum Weekly Weekly Sameday mooing/ 3 X Week k MWF Sweeping aiay be performed after mowing/edging on the days that thou occur. Remove lino prior to motvmgfedging Strip Behind AT&T And Energy Weekly Weekly Same day mowing/ edein occurs I X Week Sweeping maybe performed after mow'vig/edgiagon the days that those occur. Remove liner prior to mowatg/edging END OF AGREEMENT Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District Bid No. TF1216-05 -24- RESOLUTION NO. 15-297 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the City Council hereby approves the award of a three (3) year agreement with Texas Industries for the Blind and Handicapped (TIBH) for basic grounds maintenance and litter removal services for the Downtown Central Business District in the amount of $188,617.32; and, THAT Beaumont Products and Services (BPS), of Beaumont, Texas, will be providing the services to the City on behalf of TIBH; and, THAT the City Manager be and he is hereby authorized to execute an agreement with Texas Industries for the Blind and Handicapped (TIBH) for the purposes described herein. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015. ����,UMp���,, ;'0w CErx fIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 09/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christopher Forman NAME,TWFG - Christopher Forman PHONE 979 822 FAX Alc No Ext : ( ) 4912 AIC No)-. (888) 822-3353 3620 E. 29th St E-MAIL f corman twf ADDRESS: cforman@twfg.net _ INSURERS AFFORDING COVERAGE NAIC # Bryan TX 77802 INSURERA: Travelers Insurance Company INSURED INSURER B : National General Insurance Company Beaumont Products and Services Inc INsuRER c : Markel Insurance Company PO BOX 6165 � �� INsuRER D : Unifed States Liability Insurance Company INSURER E : Beaumont TX 77705 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEP,E!N IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SUBR D POLICY NUMBER POLICY EFF MMI D/YYYY POLICY EXP MMIDD LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS a EACH OCCURRENCE $ 1,000,000 RENTED DAMAGE OEa -MADE OCCUR PREMISES occurrence $ 300,000 MED EXP (Any one person) $ 5,000 A Y Y X-660-5D394679-IND-14 09/23/2015 09/23/2016 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: ❑ PRO-- GENERAL AGGREGATE $ 2,000,000 POLICY LOC PRODUCTS'- COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILEX LIABILITY COMBINED'SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ B ALL OWNED AUTOS AUTOS X SCHEDULED Y Y 2002060512 05/21/2015 05/21/2016 BODILY INJURY (Per accident) $ ' NED X HIRED AUTOS AUTOSUTOS PROPERTY DAMAGE $ Per accident UMBRELLA UAB OCCUR HCLAIMS-MADE EACH OCCURRENCE $ EXCESS LU16 AGGREGATE $ DIED RETENTION $ $ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILJTY YIN STATUTE ER ANY PROPRIETORIPARTNERlIXECUTIVE C OFFICERIMEMBEREXCLUDED? Y❑ NIA Y MWC0050320-03 EL EACH ACCIDENT $ 1,000,000 05/22/2015 05/22/2016 (Mandatoryfyes,din and If yes, describe under E.L. DISEASE -EA EMPLOYE $ 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ 1,000,000 DIRECTORS AND OFFICERS LIABILI 1,000,000 PER OCC 1,000,000 G D N N ND01558242 05/23/2015 05/23/2016 AGG DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) LANDSCAPING, LAWN CARE, TRASH PICKUP CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION PER REQUIRED WRITTEN CONTRACT WITH 30 NOTICE OF CANCELLATION, EXCEPT FOR NON PAY CANCELLATIONS, WHICH IS 10 DAYS. CERTIFICATE HOLDER rAPJrFi I A rinNl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF BEAUMONT ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 3827 BEAUMONT, TX. 77704 1 AUTHONTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORD� CERTIFICATE OF LIABILITY INSURANCE �..i� DATE(MM/DDIYYYY) 09/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Christopher Forman TWFG -Christopher Forman 3620 E. 29th St PHO(A/C. No, Ext : (979) 822-4912 yC No): (888) 822-3353 E-MAIL corman twf ADDRESS:f@ g•net INSURERS AFFORDING COVERAGE NAIC # Bryan TX 77802 INSURER A: Travelers Insurance company INSURED Beaumont Products and Services Inc INSURER B : National General Insurance Company INSURER C : Markel Insurance Company PO BOX 6165 P ^ �l/JO INSURER D : United States Liability Insurance Company INSURER E : Beaumont TX 77705 INSURER F: GLIVERAGES CERTIFICATE NUMRFR- OM11CInki rutaecoc. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERPAS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -Pk INSR LTR TYPE OF INSURANCE DDL IN SUER D POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR EACH OCCURRENCE $ 1,000,000 PREM SES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 A Y Y X-660-5D394679-IND-14 09/23/2015 09/23/2016 AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- LOC GENERAL AGGREGATE $ 2,000,000 GEN'L X PRODUCTS'- COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED' SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY person) $ ANY AUTO B ALL OWNED X SCHEDULED AUTOS AUTOS Y Y 2002060512 05/21/2015 05/21/2016 BODILY INJURY Per accident t ) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ Is UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE s EXCESS LIAB AGGREGATE Is DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under N/A Y MWC0050320-03 05/22/2015 05/22/2016 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 E.L. DISEASE - POLICY LIMIT I It 1,000,000 DESCRIPTION OF OPERATIONS below D DIRECTORS AND OFFICERS LIABILI N N ND01558242 05/23/2015 05/23/2016 1,000.000 PER OCC 1,000,000 G AGG DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) LANDSCAPING, LAWN CARE, TRASH PICKUP CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION PER REQUIRED WRITTEN CONTRACT WITH 30 NOTICE OF CANCELLATION, EXCEPT FOR NON PAY CANCELLATIONS, WHICH IS 10 DAYS. CITY OF BEAUMONT PO BOX 3827 BEAUMONT. TX. 77704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. U 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE Form No. COBI Edition Bate: 12/1212012 z U9 AL Page 1 of 3 This form is for informational purposes only and certifies that policies of insurance listed below have been issued to insured named below and are in force at this time. Notwithstanding any requirements, term or condition of any contract or other document with respectto which this certificate may be issued or may pertain, insurance afforded bypolicies described herein is subject to all terms, exclusions and conditions of such policies. Prior to the beginning of work, the vendor shall obtain the minimum insurance and endorsements specified. Agents must complete the form providing all requested information and submit by fax, U.S. mail or e-mail as requested by the City of Beaumont ("COB"). The endorsements listed below are required as attachments to this certificate; copies of the endorsements are also acceptable. PLEASE ATTACH ALL. ENDORSEMENTS TO THIS CORM AND INCLUDE THE MATCHING POLICY NUMBER ON THE ENDORSEMENT. Only City of Beaumont certificates of insurance are acceptable; commercial carriers' certificates are not. This certificate shall be completed by a licensed insurance agent: Name and Address of Agency: Phone: 9-29 /-�`�9l� City of Beaumont Reference: Project Name: Project Location: Managing Dept.: Name and Address of Insured: Project Mgr.: Rto&a&l insurers Affording CoveraAes: Phone: 4f 065—z S4 Z5 6 3a� Prime or Sub -Contractor?: PA-W?n _:} Dame of Prime Contractor, if different from Insured: Insurer A:� IBM "42 Insurer C, Insurer 0: Commercial General Liability Policy As defined in the Each Occurrence $I,otxp, Policy, does the Policy Genera' Aggregate �i provide: )(Yes []No — Completed Operations/Products Completed Operations/ $ ,00&, coo Products Aggregate Yes ❑ No Contractual Liability Personal Advertising Injury $ f; O&&t coo O Yes ❑ No — Explosion IVI - IAf — Deductible or Self $ Insured Retention' ...W- CERTIFICATE OF INSURANCE Form No. COB1 lawEdition Date, 12y1212012 Page 2 of 3 El 4"_ 0 Yes ❑ No — Collapse D Yes ❑ No — Underground Yes ❑ No — Contractors 1 Subcontractors Work ❑ Yes ko — Aggregate Limits per Project Form CG 2503 Yes ❑ No -- Additional Insured Form — CG 2010 Yes ❑ No — 30 Day Notice of Cancellation Form - CG 0205 Yes D No — Waiver of Subrociation Form - CG 2404 Pollution! Environmental Impairment Policy w i� 1tl// Occurrence $ re ate $ Auto Llability Policy As defined in the Policy, s'Ia11�plrv, ,5, f�f1 � CSL $ r f ��I •V does the Policy provide: f^ O`+ 1 J Bodily Injury $ Per Incident 0 Yes . o -- Any Auto Bodily Injury $ . (Per Person) Yes , ❑ No - All darned Autos 9 Property Damage $ Per Accident Yes .❑No — Non -Owned Autos Yes ❑ No Hired Autos Yes ❑ No — Waiver of Subr ation - CA0444 ❑ No — 30 Day Notice of Cancellation - CA0244 Yes ❑ No — Additional Insured - CA2048 ❑ Yes ' No — MC5 90 Excess Liability Occurrence El umbrella Form ,.... _...$........... ❑ Exaess.LJability Follow Form Aggregate $ Workers Compensation & 110 ❑ Statutory* Employers Liability As defined in the Policy, 50 -*4 l` � 4 . does the Pali provide +� 0 J Each Accident $ 106140470 No — Waiver of Subrogation - C420304 es ❑ W Disease - Policy Limit $ 10 Yes ❑ No, := 30 Day Notice of Cancellation - WC420601 Disease $ Each E. Is a Builders Risk or $ Installation Insurance Policy p v€ ? ❑ Yes o D Yes ❑ o — Is the City shown as loss payee/mortgagee? Professional Liability As defined in the Policy, Each Claim $ does the Policy rovide: ❑ Yes ❑ No - 3D Day Notice of Cancellation Deductible or Self $ Retroactive Date: Insured Retention -7- CERTIFICATE OF INSURANCE Form No. COB1 Edition Date: 12/12/2012 M cfij�Page 3 of 3 AGENT CERTIFICATION: THIS IS TO CERTIFY TO THE CITY OF BEAUMONT that the insurance policies above are. in full force and effect. Name of insurance Corn ' ny - Name of rued fLgent:�� Company Addre/s�s::,� �n►+s�i�t Agent's Address: eOP74A 7% City: State: Zip: City: State: ip: Authorized Agent's Phone Number (including Area Code): 9?5X Original sign �Aut d Agent: Date: CERTIFICATE HOLDER: City of Beaumont P. O. Box 3827 Beaumont, Texas 77704-3827 8 DATE ISSUED: ZEESENTATIVE SIGNATURE Licensed n Agent Printed Name: Iq