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HomeMy WebLinkAboutRES 22-072RESOLUTION NO. 22-072 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 WorkQuest for the purpose of grounds maintenance and litter removal services in the Central Business District and other specified areas throughout the City in the estimated annual amount of $175,651.68, as shown in Exhibit "A" attached hereto and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT Beaumont Products and Services (BPS), of Beaumont, Texas, will be providing the services to the City on behalf of WorkQuest; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute an agreement with WorkQuest 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. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022. F�,tJMp�®�9 40W�®� 9 ° - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JIFFERSON § AGREEMENT FOR FURNISHING GROUNDS MAINTENANCE AND LITTER REMOVAL FOR THE CENTRAL BUSINESS DISTRICT AND BEAUMONT MUNICIPAL AIRPORT 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 "WorkQuest" , a State of Texas agency, hereinafter referred to as "WorkQuest", and Beaumont Products & Services, Inc., hereinafter referred to as "Contractor". Therefore, City, WorkQuest, 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 fin•nishing grounds maintenance and litter removal services for the-City's Central Business District (CBD) and Beaumont Municipal Airport. 2.0 This Agreement shall be in effect for a period of three (3) years beginning (Dates to be determined). 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 oinission 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: - 1 - MF0222-28 Agreement EXHIBIT "A" 4.0 Services to be provided, as defined and specified in the Scope of Work, attached, are as follows: 4.1 Litter Removal 4.2 Mowing 4.3 Edging/Weed Eating 4.4 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: 5.1 Labor Day 5.2 Thanksgiving Day 5.3 Day after Thanksgiving 5.4 Christmas Day 5.5 New Year's Day 5.6 Martin Luther. King, Jr. Birthday 5.7 Good Friday 5.8 Memorial Day 5.9 Juneteenth 5.10 Independence Day 5.11 Veterans Day 6.0 The Central Business District shall be defined as the areas listed or shown in Exhibits A and B. 7.0 Beaumont Municipal Airport shall be defined as the area located at 455 Keith Rd., Beaumont, Texas 77713. 8.0 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. - 2 - MF0222-28 Agreement 9.0 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. 10.0 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. 10.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials, fuel, etc., including security of such. 10.2 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. 11.0 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. 12.0 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. 13.0 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. - 3 - MF0222-28 Agreement 14.0 LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR ACTION, AND DAMAGES OF EVERY HIND, FOR INJURY TO OR DEATH OF ANY PERSON AND DAMAGES TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE CONTRACTOR UNDER THIS CONTRACT, AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE. Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers' compensation and employers liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated on the City's approved Certificate of Insurance. The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage. 15.0 INSURANCE REQUIREMENTS 15.1 The Contractor shall at all times during the Agreement maintain in full force and effect 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 its 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. - 4 - MF0222-28 Agreement 15.2 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. 16.0 CONTRACT TERMINATION 16.1 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. 16.2 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. 16.3 In addition, the City shall have the right to terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: 16.3.1 By failing to pay insurance premiums, liens, claims or other charges. 16.3.2 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. 16.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 16.3.4 By violation of any provision or non-performance of the Agreement. - 5 - MF0222-28 Agreement 16.4 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. 17.0 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. 18.0 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: Deidra Davis, Market Representative WorkQuest 119 North Street, Suite H Nacogdoches, TX 85961 CONTRACTOR: Steve Havard, Executive Director Beaumont Products & Services, Inc. 1305 Washington Blvd. Beaumont, TX 77705 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. - 6 - MF0222-28 Agreement 19.0 For any information concerning this contact please contact: Christy Williams, Buyer II 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) 880-3758 ♦ Fax # (409) 880-3747 E-mail: Christy.williamsna,beaumonttexas.gov - 7 - MF0222-28 Agreement 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, and the Beaumont Municipal Airport. 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. - 8 - MF0222-28 Agreement 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 an 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. - 9 - MF0222-28 Agreement Locations of:Additional Sites to Contract Grounds Maintenance and`Litter Removal for the Central.Busmess 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 BEAUMONT MUNICIPAL AIRPORT Work to be performed in the area of the large ditch that runs from the railroad tracks by Highway 90 to the railroad tracks at the north end of the property up to the fence line of the Beaumont Municipal Airport, as well as lawn maintenance in front of the main administration building. Work shall include: ➢ Mowing ➢ Edging/Weed Eating ➢ Sweeping/Blowing ➢ Litter Removal 3.1 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. - 10 - MF0222-28 Agreement 3.2 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. 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. 3.3 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. 3.4 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 an off -site location in accordance with local, state, and federal laws. - 11 - MF0222-28 Agreement 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. 4.0 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 and Beaumont Municipal Airport. 4.1 Contractor shall not be required to maintain personnel at the Central Business District or the Beaumont Municipal Airport on a regular time schedule. However, Contractor shall be available for service calls as necessary between the hours of 7:00 A.M. and 5:00 P.M., Monday through Friday. 4.2 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. 4.3 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 reserves the right to rearrange Contractor's work schedule if necessary to accommodate event dates. 4.4 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. 4.5 The City retains the right to inspect and order work to be corrected as needed. - 12 - MF0222-28 Agreement 4.6 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. 4.7 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. 5.0 FULFILLMENT AND PAYMENT 5.1 The City agrees to pay WorkQuest 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. 5.2 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery. 5.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 5.4 Contractor shall submit SEPARATE INVOICES for: ➢ Grounds Maintenance — Central Business District ➢ Grounds Maintenance — Beaumont Municipal Airport - 13 - MF0222-28 Agreement 5.5 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@beaumonttexas.gov 5.6 Faxed invoices will not be accepted. 6.0 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. - 14 - MF0222-28 Agreement A. Table Below Denotes Monthly and Annual Cost to the City for the Agreement: Location Old Rate NEW RATE -Annual Cost Central $14,146.20/mo. $ 14,637.64 $ 175,651.68 Business District Beaumont $990.00/mo. $1,010.00 $12,120.00 Municipal Airport 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 ° Old Rate NEW RATE Minimum "As Requested Services" Cost per Hour Cost Per Worker Per Hour Hours 8 A.M. Monday — 5 P.M. Friday $29.50 $29.50 4 Hours 5 P.M. Friday — 8 A.M. Monday $34.50 $34.50 4 Hours - 15 - MF0222-28 Agreement 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: (Signature) Kyle Hayes, City Manager Printed Name: Kyle Hayes Date Signed: WORKQUEST By: (Signature) Deidra Davis, Market Representative Printed Name: Date Signed: BEAUMONT PRODUCTS AND SERVICES (Signature) Steve Havard, Executive Director Printed Name: Date Signed: - 16 - MF0222-28 Agreement ATTACHMENT "A" (Revised 10/12/2021) 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 (on a form approved and provided by the City), 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 h. Professional liability* i. Underground hazard* j. Explosion and collapse hazard* k. Liquor liability* 1. Fire legal liability* in. City's property in Contractor's* care, custody, or control n. Asbestos specific liability* Not required for this contract Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: 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. Combined single limit for bodily injury and property damage of $500,000 per occurrence or equivalent. - 17 - MF0222-28 Agreement a. Owned/leased vehicles b. Non -owned vehicles C. Hired vehicles 4. Errors and Omissions Provide a prudent amount of coverage for the insurance policy willful or negligent acts or omissions of any (when applicable) 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 thirty (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 (1) year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five (5) 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. - 18 - MF0222-28 Agreement 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: 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. 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 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 - 19 - MF0222-28 Agreement stating how a person may verify coverage and report lack of coverage. I. 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 prof ect. 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. 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. - 20 - MF0222-28 Agreement 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, 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. - 21 - MF0222-28 Agreement Form No, COB1 � CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 t Page 1 of 4 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 - 22 - 1\4F0222-28 Agreement MAW Form No. COB1 CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 MI Page 2 of 4 INSR TYPE OF.INSURANCE POLICY POLICY :EFF. POLICY EXP. LIMITS OF LIABILITY LTR NO. DATE DATE (MM/DDNY- YY) (MM/DD/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 ❑ Yes ❑ No — Explosion Deductible or Self $ Insured Retention ❑ Yes ❑ No — Collapse ❑ Yes ❑ No — Underground ❑ Yes ❑ No — Contractors / Subcontractors Work ❑ Yes ❑ No — Aggregate Limits per Project Form - CG 2503 0509 or Equivalent ❑ Yes ❑ Yes ❑ No — Additional Insured Form (not construction) - CG 2010 1001 or Equivalent ❑ Yes ❑ Yes ❑ No — Completed Operations Additional Insured Form (construction only) - CG 2037 1001 or Equivalent ❑ Yes ❑ Yes ❑ No — 30 Day Notice of Cancellation Form - CG 2804 1093 or Equivalent ❑ Yes ❑ Yes ❑ No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent ❑ Yes INSR TYPE OF INSURANCE ..POLICY ;iPOL.ICY EFF:.DATE - ,POLICY-EXP.. LIMITS OF LIABILITY :;.NO (MM7DD/YYY5r7 DATE ,. M Pollution / Occurrence $ Environmental Impairment Policy $ Aggregate INSR ;' TYPE,OF,INSURANC]t POLICY °;POLICY;EFF, DATE .: ;POLICY,EXR • LIMITS OF LIABILITY LTR NO ;(MM/DD/l(1fYY) DATE (MMIDD/YYYY Commercial Auto CSL $ Liability Policy As defined in the Policy, Bodily Injury $ does the Policy provide: (Per Incident) ❑ Yes ❑ No — Any Auto Bodily Injury $ Per Person Property $ ❑ Yes ❑ No — All Owned Autos Damage Per Accident - 23 - MF0222-28 Agreement Form No. COBI CERTIFICATE OF INSURANCE Edition Date: 12/12/201 map 8 I Page 3 of 4 11 Yes El No — Non -Owned Autos 0 Yes El No — Hired Autos El Yes El No — Waiver of Subrogation - CA0444 0410 or Equivalent 11 Yes 0 Yes 0 No — 30 Day Notice of Cancellation - CA0244 or Equivalent 0 Yes El Yes 0 No — Additional Insured - CA2048 or Equivalent El Yes El Yes 1:1 No 114s'k 1 TYPE OF INSURANCE POLICY'. :POLICYEFF.'- POLICY EXP. LIMITS 00 LIABILITY - LTR NO. -DATE: DATE (MM1DPNYYY)1(MM/DD1YYYY Excess Liability Occurrence El Umbrella Form El Excess Liability Aggregate Follow Form Workers 0 Statutory Compensation & Employers Liability Each Accident As defined in the Policy, does the Policy provide 0 Yes El No — Waiver of Subrogation - WC420304 Disease - Policv Limit 0 Yes 0 No 30 Day Notice of Cancellation - WC420601 Disease - Each 'Employee Is a Builders Risk or Installation Insurance Policy provided? 0 Yes 0 No 11 Yes El No Is the City shown as loss payee/mortgagee? Professional Liability Each Claim As defined in the Policy, does the Policy 0 Yes 0 No — 30 Day Notice of Cancellation Deductible or Retroactive Date: Self Insured Retention - 24 - MF0222-28 Agreement Form COBI 10 CERTIFICATE OF INSURANCE Edition Date: 12/12/12/2012018 aw t Page 4of4 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 DATE ISSUED: P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE Beaumont, Texas 77704-3827 Licensed Insurance Agent Printed Name: - 25 - MF0222-28 Agreement EXHIBIT "A" Map of Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 - 26 - MF0222-28 Agreement 1. Art Museum of Southeast Texas & Parking Lot 2. Beaumont Public Library & Parking. Lot 3. City Hall &Parking Lot 4. Civic Center & Parking Lot 5. Cypress St. Strip Behind AT&T And Entergy 6. Rotary Fountain/Parking Lot 7. Delia Harrington Plaza (Welcome To Beaumont Park) 8. Italian Plaza 9.Julie Rogers Theatre & Parking Lot 10. Laurel St. Median 11. Lynn Milam Noah .Tevis Plaza 12. Main Street Boulevard 13. Neches.and Laurel Island 14. Park & Orleans Underpass 15. Police Department Building 16. Riverfront Park & Parking Lot 17. Scout Island. 18. Texas Commers Bank Island 19. Tyrrell Historical Library 20. Municipal Court 21, Fire Memorial EXHIBIT "B" Locations and Instructions for All Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 - 27 - MF0222-28 Agreement EXHIBIT B Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport LOCATION MOW EDGE '• SWEEP LITTER FOUNTAIN ADDITIONAL INFORMATION ° 1 Art Museum of Southest Texas & Parkin Lot S Weekly Y Weekly Y Same day mowing/ edging occurs 3 X Week, MWF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowin ed 'n . P g Y P Y P g/ gr g 2 Beaumont Public Libr & Parkin Lot azY E Weekly Y Weekly Y 3 X Week MWF, by 10:00 A.M. 3 X Week, MWF Sweeping may be performed after mowin ed ' on the days that those occur. Remove litter prior to mowin ed ' P g Y P gl 8mg Y P g/ gmg. Mow to min. 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. Remove litter from lawn 3 City Hall & Parking Lot 5 ft. outside Weekly by 7:00 A.M. 5 X Week, MTWTF Remove bird droppings on areas prior to mowing/edging. Remove bird droppings from City Hall side entrance and sidewalks daily as needed. offence line. exterior. Severely sloped areas adjacent to railroad rights of way are included in contract. 4 Civic Center & Parkin Lot B Weekly Y Weekly Y 5 X Week, MTWTF, by 10:00 A.M. 5 X Week, MTWTF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowin ed in . P g Y P Y P f/ g g 5 Cypress St. Strip Behind AT&T & Enter P P gY Weekly Y Week Y Same day mowing/ edging occurs 1 X Week Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowin ed ' P g Y P Y P f1 fig• Same day mowing/ Clean exterior as needed. 6 Rotary Fountain/Parking Lot Weekly Weekly edging occurs 3 X Week, MWF Remove bird droppings on Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. exterior. 7 Delia (Welcometo a Plaza (Welcome to Beaumont Park) Weekly Y Weekly Y Same day mowing/ edging occurs 3 X Week, MWF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowing/edging. P S Y P Y P 8 Italian Plaza WeeklyWeekly Y Same day mowing/ edging occurs 3 X Week, MWF Sweeping may be performed after mowin ed in on the days that those occur. Remove litter prior to mowin ed P g Y P !;/ g g Y P i;/ Sig• 3 X Week, MWF, Clean exterior as needed. 9 Julie Rogers Theater & Parking Lot Weekly Weekly by 10:00 A.M. 3 X Week, MWF Remove bird droppings on Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. exterior. 10 Laurel St. Median/Island 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. 11 Lynn Milam Noah Tevis Plaza 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. 12 Main Street Boulevard 3 X Week 3 X Week, MWF 13 Neches & Laurel Island WeeklyWeekly Y Same day mowing/ edging occurs 3 X Week, MWF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowing/edging. P g Y P Y P 14 Parks & Orleans Underpass WeeklyWeeklySame day mowing/ edging occurs 3 X Week, MWF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowing/edging. P g Y P Y P 15 Police Department Building P g Weekly Y Weekly Y 3 X Week, MWF, by 10:00 A.M. 3 X Week, MWF Sweeping may be performed after mowin ed in on the days that those occur. Remove litter prior to mowing/edging. P 8 Y P f;/ B g Y P 16 Riverfront Park & Parkin Lot g Weekly Y Weekl Y Same day mowing/ 3 X Week, MWF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowin ed ' P g Y P Y P S/ 9n8 edging occurs 17 Scout Island WeeklyWeekly Y Same day mowing/ edging occurs 3 X Week, MWF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowing/edging. P g Y P Y P 18 Texas Commerce Bank Island Weekly Weekly Same day mowing/ 3 X Week, MWF Sweeping may be performed after mowing/edging on the days that those occur. Remove litter prior to mowing/edging. edging occurs 19 Tyrrell Historical Library YR azY Weekly Y Weekly Y 3 X Week, MWF, by 10:00 A.M. 3 X Week, MWF Sweeping may be performed after mowin ed ' on the days that those occur. Remove litter prior to mowin ed ' P g Y P g/ &ng Y P g/ gmg. 20 Municipal Court 3 X Week 3 X Week, MWF 21 Fire Memorial Weekly Y Weekly y Same day mowing/ 3 X Week, MWF Sweeping may be performed after mowing/edgingon the da s that those occur. Remove litter prior to mowing/edging. P g Y P Y P edging occurs END OF AGREEMENT Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 - 28 - MF0222-28 Agreement STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT FOR FURNISHING GROUNDS MAINTENANCE AND LITTER REMOVAL FOR THE CENTRAL BUSINESS DISTRICT AND BEAUMONT MUNICIPAL AIRPORT Reference: Bid No. MF0222-28 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 "WorkQuest", a State of Texas agency, hereinafter referred to as "WorkQuest", and Beaumont Products & Services, Inc., hereinafter referred to as "Contractor". Therefore, City, WorkQuest, and Contractor agree as follows: WITNE S SETH 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) and Beaumont Municipal Airport. 2.0 This Agreement shall be in effect for a period of three (3) years beginning March 4, 2022 and ending March 3, 2025. 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. - 1 - MF0222-28 Agreement 4.0 Services to be provided, as defined and specified in the Scope of Work, attached, are as follows: 4.1 Litter Removal 4.2 Mowing 4.3 Edging/Weed Eating 4.4 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: 5.1 Labor Day 5.2 Thanksgiving Day 5.3 Day after Thanksgiving 5.4 Christmas Day 5.5 New Year's Day 5.6 Martin Luther King, Jr. Birthday 5.7 Good Friday 5.8 Memorial Day 5.9 Juneteenth 5.10 Independence Day 5.11 Veterans Day 6.0 The Central Business District shall be defined as the areas listed or shown in Exhibits A and B. 7.0 Beaumont Municipal Airport shall be defined as the area located at 455 Keith Rd., Beaumont, Texas 77713. 8.0 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. - 2 - MF0222-28 Agreement 9.0 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. 10.0 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. 10.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials, fuel, etc., including security of such. 10.2 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. 11.0 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. 12.0 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. 13.0 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. - 3 - MF0222-28 Agreement 14.0 LIABILITY THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF BEAUMONT AND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, CAUSES OR 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 THE CONTRACTOR UNDER THIS CONTRACT, AND INCLUDING ACTS OR OMISSIONS OF THE CITY OF BEAUMONT OR ITS OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH SAID CONTRACT. THE PARTIES INTEND THIS INDEMNIFICATION TO APPLY REGARDLESS OF WHETHER THE CLAIM, DAMAGE, LOSS, OR EXPENSE IS CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE SUBCONTRACTOR OR ANY INDEMNITEE. Contractor waives all rights of recovery, and its insurers also waive all right of subrogation of damages against the City and its agents, officers, directors and employees for damages covered by the workers' compensation and employers liability or commercial umbrella or excess liability or business automobile coverage obtained by Contractor required in this Agreement, where permitted by law. This waiver must be stated on the City's approved Certificate of Insurance. The fact that insurance is obtained by Contractor on behalf of City will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by City from Contractor or any third party will not be limited by the amount of the required insurance coverage. 15.0 INSURANCE REQUIREMENTS 15.1 The Contractor shall at all times during the Agreement maintain in full force and effect 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 its 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. - 4 - MF0222-28 Agreement 15.2 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. 16.0 CONTRACT TERMINATION 16.1 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. 16.2 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. 16.3 In addition, the City shall have the right to terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: 16.3.1 By failing to pay insurance premiums, liens, claims or other charges. 16.3.2 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. 16.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 16.3.4 By violation of any provision or non-performance of the Agreement. - 5 - MF0222-28 Agreement 16.4 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. 17.0 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. 18.0 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 3 827 Beaumont, TX 77704 STATE AGENCY: Deidra Davis, Market Representative WorkQuest 119 North Street, Suite H Nacogdoches, TX 85961 CONTRACTOR: Steve Havard, Executive Director Beaumont Products & Services, Inc. 1305 Washington Blvd. Beaumont, TX 77705 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. - 6 - MF0222-28 Agreement 19.0 For any information concerning this contact please contact: Christy Williams, Buyer II 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 77704-3 827 Phone # (409) 880-3758 ♦ Fax # (409) 880-3747 E-mail: Christy.williamskbeaumonttexas.gov - 7 - MF0222-28 Agreement 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, and the Beaumont Municipal Airport. 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. - 8 - MF0222-28 Agreement 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 an 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. - 9 - MF0222-28 Agreement 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 BEAUMONT MUNICIPAL AIRPORT Work to be performed in the area of the large ditch that runs from the railroad tracks by Highway 90 to the railroad tracks at the north end of the property up to the fence line of the Beaumont Municipal Airport, as well as lawn maintenance in front of the main administration building. Work shall include: ➢ Mowing ➢ Edging/Weed Eating ➢ Sweeping/Blowing ➢ Litter Removal 3.1 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. - 10 - MF0222-28 Agreement 3.2 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. 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. 3.3 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. 3.4 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 an off -site location in accordance with local, state, and federal laws. - 11 - MF0222-28 Agreement 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. 4.0 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 and Beaumont Municipal Airport. 4.1 Contractor shall not be required to maintain personnel at the Central Business District or the Beaumont Municipal Airport on a regular time schedule. However, Contractor shall be available for service calls as necessary between the hours of 7:00 A.M. and 5:00 P.M., Monday through Friday. 4.2 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. 4.3 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 reserves the right to rearrange Contractor's work schedule if necessary to accommodate event dates. 4.4 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. 4.5 The City retains the right to inspect and order work to be corrected as needed. - 12 - MF0222-28 Agreement 4.6 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. 4.7 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. 5.0 FULFILLMENT AND PAYMENT 5.1 The City agrees to pay WorkQuest 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. 5.2 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery. 5.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 5.4 Contractor shall submit SEPARATE INVOICES for: ➢ Grounds Maintenance — Central Business District ➢ Grounds Maintenance — Beaumont Municipal Airport - 13 - MF0222-28 Agreement 5.5 All other invoices shall be mailed to: ATTN: Accounting Division City of Beaumont P. O. Box 3 827 Beaumont, TX 77704 - OR - All other invoices may be submitted via email to: invoices ckbeaumonttexas.gov 5.6 Faxed invoices will not be accepted. 6.0 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. - 14 - MF0222-28 Agreement A. Table Below Denotes Monthly and Annual Cost to the City for the Agreement: Location Old Rate NEW RATE Annual Cost Central $14,146.20/mo. $149637.64 $1759651.68 Business District Beaumont $990.00/mo. $19010.00 $129120.00 Munici al Air ort p p 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" Old Rate Cost per Hour NEW RATE Cost Per Worker Per Hour Minimum Hours 8 A.M. Monday — 5 P.M. Friday $29.50 $29.50 4 Hours 5 P.M. Friday — $34.50 $34.50 4 Hours 8 A.M. Monday - 15 - MF0222-28 Agreement 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. Do (Signature) Kyle Hayes, City Manager Printed Name: Kyle Mayes Date Signed: J]'01 WA itz (Signature 'gfYIA'vYrd, Executive Director W ;5 Printed Name: �,-VE 144111WZ4 Date Signed: Q so- o 5 0 =Z.2 - 16 - MF0222-28 Agreement ATTACHMENT "A" (Revised 10/12/2021) INSITR ANCE 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 (on a form approved and provided by the City), 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): 1. 2. 3. 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. 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 h. 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 n. Asbestos specific liability* * Not required for this contract Comprehensive Automobile Liability insurance, including coverage for loading and unloading hazards, for: Combined single limit for bodily injury and and property damage of $500,000 per occurrence or its equivalent with an aggregate limit of $1,0001000. Combined single limit for bodily injury and property damage of $500,000 per occurrence or equivalent. - 17 - MF0222-28 Agreement a. Owned/leased vehicles b. Non -owned vehicles C. Hired vehicles 4. Errors and Omissions Provide a prudent amount of coverage for the insurance policy willful or negligent acts or omissions of any (when applicable) 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 thirty (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 (1) year (to provide coverage for the warranty period) and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. NOTTC. F S 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. - 18 - MF0222-28 Agreement 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: 1. 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 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 - 19 - MF0222-28 Agreement stating how a person may verify coverage and report lack of coverage. I. 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 proj ect. 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. - 20 - MF0222-28 Agreement 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, 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. - 21 - MF0222-28 Agreement O Form No. COB 1 �...... CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 :. Page 1 of 4 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 - 22 - MF0222-28 Agreement O Form No. COB1 CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 Page 2 of 4 INSR TYPE OF INSURANCE POLICY POLICY EFF. POLICY EXP. LIMITS OF LIABILITY LTR NO. DATE DATE (MM/DD/YYYY) (MM/DD/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 ❑ Yes ❑ No — Explosion Deductible or Self $ Insured Retention ❑ Yes ❑ No — Collapse ❑ Yes ❑ No — Underground ❑ Yes ❑ No — Contractors / Subcontractors Work ❑ Yes ❑ No — Aggregate Limits per Project Form - CG 2503 0509 or Equivalent ❑ Yes ❑ Yes ❑ No — Additional Insured Form (not construction) - CG 2010 1001 or Equivalent ❑ Yes ❑ Yes ❑ No — Completed Operations Additional Insured Form (construction only) - CG 2037 1001 or Equivalent ❑ Yes ❑ Yes ❑ No — 30 Day Notice of Cancellation Form - CG 2804 1093 or Equivalent ❑ Yes ❑ Yes ❑ No — Waiver of Subrogation Form - CG 2404 0509 or Equivalent ❑ Yes INSR TYPE OF INSURANCE POLICY POLICY EFF. DATE POLICY EXP. LIMITS OF LIABILITY LTR NO. (M M/DD/YYYY) DATE (M M/DD/YYYY) Pollution / Occurrence $ Environmental Impairment Policy $ Aggregate INSR TYPE OF INSURANCE POLICY POLICY EFF. DATE POLICY EXP. LIMITS OF LIABILITY LTR NO. (M M/DD/YYYY) DATE (M M/DD/YYYY) Commercial Auto CSL $ Liability Policy As defined in the Policy, Bodily Injury $ does the Policy provide: (Per Incident) ❑ Yes ❑ No — Any Auto Bodily Injury $ (Per Person) Property $ ❑ Yes ❑ No — All Owned Autos Damage (Per Accident) - 23 - MF0222-28 Agreement O Form No. COB1 CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 Page 3 of 4 ❑ Yes ❑ No — Non -Owned Autos ❑ Yes ❑ No — Hired Autos ❑ Yes ❑ No — Waiver of Subrogation - CA0444 0410 or Equivalent ❑ Yes ❑ Yes ❑ No — 30 Day Notice of Cancellation - CA0244 or Equivalent ❑ Yes ❑ Yes ❑ No — Additional Insured - CA2048 or Equivalent ❑ Yes ❑ Yes ❑ No INSR TYPE OF INSURANCE POLICY POLICY EFF. POLICY EXP. LIMITS OF LIABILITY LTR NO. DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) Excess Liability Occurrence $ ❑ Umbrella Form Aggregate $ ❑ Excess Liability Follow Form Workers ❑ Statutory Compensation & Each Accident $ Employers Liability As defined in the Policy, does the Policy provide ❑ 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 payee/mortgagee? Professional Liability Each Claim $ As defined in the Policy, does the Policy provide: ❑ Yes ❑ No — 30 Day Notice of Cancellation Deductible or $ Retroactive Date: Self Insured Retention - 24 - MF0222-28 Agreement IQ.. Form No. COB1 „ CERTIFICATE OF INSURANCE Edition Date: 12/12/2018 Page 4 of 4 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: DATE ISSUED: City of Beaumont P. O. Box 3827 AUTHORIZED REPRESENTATIVE SIGNATURE Beaumont, Texas 77704-3827 Licensed Insurance Agent Printed Name: - 25 - MF0222-28 Agreement EXHIBIT "A" Map of Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 - 26 - MF0222-28 Agreement 4-0 0 0 LU 0 E CD co od cn m x 0 cn 4— 0 E 0 cu CL ca _a - 0 -0 CL A-0 r. 0 0 j CD c -- IV. &— cc CL ca 0 cc CL od "0 > od CD M L- .0 C4/) cn LM CL >.t 0 CL , CU 0 U. cu -s-o 0 0 CD E 0 CL 0 cc 4) m N cu CL cc w 0 .j ca 0 o L. 0 ED . 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M qqt LO CO I%— wawos) a W a M V— T � T— T— T— a T— 0 CN CN EXHIBIT "B" Locations and Instructions for All Properties Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 - 27 - MF0222-28 Agreement bq bA bq bQ � � .� bq bA 7d bq bA 7d bq GQ lc� b!J Gq 7d bq bA 7d bq bQ 7d bq bA lc� b!J Gq 7d bIJ bA 7d bq bQ lc$ bIJ bA rd bq bA rd bq bA 7:$ b1J bA lc$ bq bA rd bq bQ 7:$ bq bA � bq N bA 0 GQ N bA N bq N bA N bA N bA N bA N GQ N bA N bq N bA N bA N bq N bA 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o O O o o O O o 0 0 0 o O O o cu CIO 0 o Ocao 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z C cz d a� a� a� • ,� c.> a� a� a� a� 0 a� 0 a� 0 a� 0 a� 0 a� 0 a� 0 a� 0 a� 0 a� 0 a� 0 a� 0 a� op � � m x bA -d 4- z 4- 4- ct 4- m 4- m 4- m 4- ct -4— m 4— m 4— cu -4— m A (n c� 4— ct 4- 4- ,.., r to U �n � 4- cn � 4- U) � U � V � V� � V � -d 7d 70 -d 7d -d 7� 7d 70 7� 7d 7d 7d -d 7d 7� 00 -Ci -Ci -Ci 00 an ap o aA +� ap ap ap aA ap ap ap ap ap 7d - -d 7d -0 -d -d -� -d 7d -d -d 7d •3 •3 3 � � �' o 3 � 3 3 3 3 3 � 3 3 � 3 3 � Ct b 7:$ -d 7d 7� -d 7d 7:$ -C� Q 0 0C,3 "E.) 0 0 0 0 O o 0 0 o O 0 IC.) 11.1 o O ua a �. • � � � o., ua ua ua � ua ua 0., � � ua ua � � a N N 0 N N N 0 0 N 0 N N 0 N N ap aA ap o �' ap aA ap bn an aA cp bn aA ap oo ap ap cp on ap 0 C40 bn b-0 bn ct cto c o ct H H 3 ConH H 3 3 3 3cn 3 3 3 aA aQ an bn -d � ' on x '—' � � x '� � ' o� �� � ' cn �� cry � ' ors Ord � � �C �C �C � �7:� z7:$ ct C/1 N M V� V� Cis N C%1 N cz7d C/1 N C/1 N M M M M C/� N ct7 C%1 N M ctrd C/1 N C40 N un N M M C40 N W >1 >1 >1 A N N N N 0 0 0 N N N 0 N N N N N N N N N N N N 0 0 N N N N 0 N N N N N N N N N � >1 >" C .: >1 >1 P P P � O 4- ct � N 4-1' 0 OH ° ct A- Q tb ct O ct cu N '� P-ct U cz m O O ° s p spa U U -- p4- ctU ct bh -- t} U cz , Q �Q U U U Q ti A a A a (� V1 H w M V� �D l� co a1 O -- END OF AGREEMENT Agreement for Furnishing Grounds Maintenance and Litter Removal for the Central Business District and Beaumont Municipal Airport Bid No. MF0222-28 - 28 - MF0222-28 Agreement