HomeMy WebLinkAboutRES 22-080RESOLUTION NO. 22-080
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 at
Beaumont Municipal Transit System bus shelters and the Henry Dannenbaum Transfer
Center in the estimated annual amount of $92,617.00, 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 22nd day of
March, 2022.
- Mayor Robin Mouton -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT FOR FURNISHING
GROUNDS MAINTENANCE AND LITTER REMOVAL
AT BUS SHELTER LOCATIONS FOR THE
BEAUMONT MUNICIPAL TRANSIT SYSTEM
AND FOR THE
HENRY DANNENBAUM TRANSFER CENTER
(Reference: MF0322-34)
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 furnishing grounds maintenance and litter removal services at
bus shelter locations for the Beaumont Municipal Transit System and for the Henry
Dannenbaum Transfer Center, Beaumont, Texas.
2.0 This Agreement shall be in effect for a period of three (3) years beginning April 1, 2022 and
ending March 31, 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
- 1 - MF0322-34 Agreement
EXHIBIT "A"
4.0
5.0
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.
Services to be provided, as defined and specified in the Scope of Work (attached Exhibit A), and
are as follows:
Bus Shelters
• Litter Removal
• Mowing
• Edging/Weed Eating
• Sweeping/Blowing
Henry Dannenbaum Transfer Center
• Litter Removal
• Mowing
• Edging/Weed Eating
• Sweeping/Blowing
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 areas of service shall be defined as the areas listed or shown in Exhibit A attached herein.
- 2 - MF0322-34 Agreement
7.0 It shall be the responsibility of the Contractor to ensure the safety of its employees and citizens
while in the performance of this Agreement. Contractor shall ensure each worker is provided
with an identifiable standard uniform during each working day. Each employee shall wear
brightly -colored safety vests while on City rights -of -way. The operation of all equipment shall be
done in a manner that is not hazardous to persons in the designated areas or the operators.
8.0 The Contractor may not erect, place, alter, or remove any buildings, covers, signs, slabs,
driveways, roads, or facilities of any nature without the prior written consent of the City. Such
facilities shall become the property of the City of Beaumont upon termination or expiration of
this Agreement. The Contractor shall not use premises or facilities for activities or storage not
specifically allowed herein without written approval of the City.
9.0 Contractor shall have access to a storage area for purposes of conducting activities associated
with this Agreement. Contractor shall be responsible for maintaining this area.
9.1 Contractor shall exercise due and prudent care in storage and use of any hazardous
materials, fuel, etc., including security of such.
9.2 Maintenance and repair of equipment used by Contractor in the performance of this
Agreement shall be the responsibility of the Contractor. Contractor shall avoid major
maintenance and repair activities in public areas and, where applicable, shall perform
such activities in the identified storage areas or at locations not on the property.
10.0 The City shall have the right, but not the duty, to inspect, audit, copy, and examine all books and
records of the Contractor pertaining to its performance of services and obligations to the City
under this Agreement.
11.0 The Contractor may not assign any portion of this Agreement to another party or parties without
written approval of the City Manager or his designee of such sale or assignment. The City may
require any records or financial statements necessary in its opinion to ensure such sale or
assignment will be in the best interest of the City.
12.0 This Agreement, including all Attachments and Exhibits, and the City's Purchase Order, shall
constitute the entire understanding of the parties here to with respect to the subject matter hereof,
- 3 - MF0322-34 Agreement
and no Amendment, modifications, or alteration of the terms shall be binding unless the same be
in writing, dated subsequent to the date hereof, and duly executed by the parties hereto.
13.0 LIABILITY
THE CONTRACTOR AGREES TO INDEMNIFY, 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.
14.0 INSURANCE REQUIREMENTS
14.1 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
- 4 - MF0322-34 Agreement
Contractor and shall provide that the City shall receive thirty (30) days' prior written
notice before any change or cancellation of any policy.
14.2 All of.the insurance costs shall be borne by the Contractor. Should any insurance
required by the Agreement lapse, the Contractor shall immediately cease all operations as
of the time and date of such lapse and shall not resume any operations until authorized in
writing by the City. If the lapse period extends fifteen (15) days, the City may terminate
the Agreement and the Contractor shall be in breach of this Agreement. Should
the City of Beaumont receive notices of insurance cancellation three (3) or more times
within a twelve (12) month period, the City may cancel this Agreement.
15.0 CONTRACT TERMINATION
15.1 Either the City or the Contractor may, upon sixty (60) days' written notice, terminate the
contract for reasons of convenience. Said termination on behalf of the City shall be by
the City Manager or his designee.
15.2 The City, besides all other rights or remedies it may have, shall have the right to
terminate this Agreement upon five (5) days' written notice of the Contractor fails to
perform the Scope of Work as herein provided. The decision to terminate shall be at the
sole discretion of the City Manager or his designee.
15.3 In addition, the City shall have the right to terminate this Agreement if the Contractor
breaches this Agreement by other means, including the following:
15.3.1 By failing to pay insurance premiums, liens, claims or other charges.
15.3.2 By failing to pay any payments due the City, State, or Federal Government
from the successful bidder or its principals, including, but not limited to,
payments identified in this Agreement or any taxes, fees, assessments, or liens.
15.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings
against the successful bidder or upon dissolution of the firm or business.
- 5 - MF0322-34 Agreement
15.3.4 By violation of any provision or non-performance of the Agreement.
15.4 Upon termination or expiration of this contract, the Contractor shall be permitted five (5)
working days to remove Contractor -owned material and equipment from the City's
premises. Materials and equipment not removed within the specified time shall become
the property of the City.
16.0 The relationship of the Contractor to the City shall be that of an independent contractor, and no
principal -agent or employer -employee relationship is created by this Agreement. By entering
into this Agreement, the contractor acknowledges that it will, in the performance of its duties
under this Agreement, be acting as an independent contractor and that not officer, agent, or
employee of the Contractor is entitled to any of the benefits and privileges of a City employee or
officer under any provision of the statues of the State of Texas or the Charter and Ordinances of
the City of Beaumont.
17.0 NOTICES
Any notice which City or Contractor may require or desire to give to the other shall be in writing
and shall be sent by registered or certified mail to the following respective addresses:
CITY: City Manager
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704
STATE AGENCY: 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
- 6 - MF0322-34 Agreement
All notices shall be deemed given on the date so delivered. Either party hereto may change the
above address by sending written notice of such change to the other in the manner so provided
herein.
18.0 For any information concerning this contact please contact:
Christy Williams, Buyer I1
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: Chrisly.williams@—beaumonttexas.gov
og_v
- 7 - MF0322-34 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 The Beaumont Municipal Transit System as listed or shown in
Exhibits A herein. Contractor shall establish and provide to the City a weekly work schedule
showing all areas to be maintained.
2.0 BEAUMONT MUNICIPAL TRANSIT SYSTEM
Work to be performed at the shelters shall include:
• Litter Removal
• Mowing
• Edging/Weed Eating
• Sweeping/Blowing
HENRY DANNENBAUM TRANSFER CENTER
Work to be performed at the Henry Dannenbaum Transfer Center shall include:
• Litter Removal
• Mowing .
• Edging/Weed Eating
• Sweeping/Blowing
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 EDGINGIWEED 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
- 8 - MF0322-34 Agreement
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.
2.3 SWEEPINGBLOWING — 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.
- 9 - MF0322-34 Agreement
B US SHELTERS -
Litter shall be removed from all areas a minimum of one (1) time per week and two (2)
times per week in areas as designated in Exhibits A herein. Service day for once per
week shall be Monday. For locations receiving service two (2) times per week, service
day shall be Monday and Thursday. Contractor shall remove and replace litter bags in
the City trash containers a minimum of one (1) time per week, two (2) times a week for
locations serviced two (2) times a 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.
HENRY DANNENBA UM TRANSFER CENTER -
Litter shall be removed from this area five (5) times per week Monday through Friday
during growing and non- growing season. When trash 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.
2.5 SWEEPING/BLOWING — All shelter cement pads and ADA access ramps shall be
swept free of any dirt and debris on the first Monday of every month. No buildup of dirt
shall be allowed at any service locations. This fee shall be billed as a separate line
item from litter each month.
3.0 SCHEDULE FOR PERFORMANCE
Contractor shall furnish the City with a weekly work schedule indicating the areas that will be
maintained according to the requirements for each area shown in Exhibits A herein.
3.1 Contractor shall not be required to maintain personnel 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.
- 10 - MF0322-34 Agreement
3.2 Contractor shall respond to all requests for maintenance, repair, and investigation as
identified in this Agreement as soon as practical. In cases where Contractor is required to
perform services as identified in this Agreement, such services shall be performed within
twenty-four (24) hours.
3.3 City will make available a list of scheduled and unscheduled recreational events during
the course of the year for proper maintenance scheduling. The exact number of events
cannot be given for any upcoming year. Events held on weekends will require Contractor
to perform maintenance to the appropriate area prior to the event. Normal maintenance
work may not be provided on the days on which events are scheduled. The City
reserves the right to rearrange Contractor's work schedule if necessary to accommodate
event dates.
3.4 If the Contractor is unable to perform mowing services due to excessive water retention
on the grounds, then the City's representative shall be contacted. A final determination
will be made by the City's representative about mowing the area in question.
3.5 The City retains the right to inspect and order work to be corrected as needed.
3.6 Mowing and edging/weed eating shall occur once every five (5) working days during
the growing season.
Mowing and edging/weed eating shall occur every ten (10) working days during
the non -growing season.
➢ Growing Season is defined as March 1 through October 31.
➢ Non -growing season is defined as November 1 through February 28.
3.7 Contractor shall have access to a storage area for purposes of conducting activities
associated with this Agreement. 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.
- 11 - MF0322-34 Agreement
4.0 FULFILLMENT AND PAYMENT
4.1 The City agrees to pay WorkQuest upon receipt of monthly invoices for services
performed satisfactorily. Such payment by City to Contractor shall be made in
accordance with the requirements of Texas Government Code §2251.021. The City shall
have the right to refuse payment for work not satisfactorily completed.
4.2 The Contractor shall submit an accurate invoice within five (5) working days from the
date of delivery.
4.3 Invoices must reference a Purchase Order number and the Department or Division for
which goods or services are provided.
Beaumont Transit System
City of Beaumont
P. O. Box 3827
Beaumont, TX. 77704
4.4 All other invoices shall be mailed to:
ATTN: Accounting Division
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704
-OR-
All other invoices may be submitted via email to: invoices@beaumonttexas. og_v
4.5 Faxed invoices will not be accepted.
5.0 FUNDING
Funds for payment are provided by the City of Beaumont budget approved by City Council for
each fiscal year only. The State of Texas statues prohibit the obligation and expenditure of public
funds beyond the fiscal year for which a budget has been approved. Obligations beyond the end
of each current City of Beaumont fiscal year will be subject to budget approval.
- 12 - MF0322-34 Agreement
A. Table Below Denotes Cost to the City for the Agreement:
Item No.
Service
Number of
Current
Daily Cost
Weekly
Cost
Weeks .
Monthly Cost
Annual Cost
Schedule .
Locations,*.:
Grounds Maintenance and Litter Removal
1
for Bus Shelter Locations and Bus Stop Locations (with no shelter):
To include
One (1)
number
Time
61
$13.25
$808.25
52
of weeks
$42,029.00
Per Week
serviced that
month
To include
number
Two (2) Times
17
$13.25
$450.50
52
of weeks
$23,426.00
Per Week
serviced that
month
One (1)
Time
Per Month
63
$7.50
$472.50
12
$5,670.00
Charge
for sweeping
2
Grounds Maintenance and Litter Removal
$21,492.00
for Henry Dannenbaum Transfer Center
TOTAL ANNUAL COST -
3
for Bus Shelter Locations, Bus Stop Locations, and
$92,617.00
Henry Dannenbaum Transfer Center:
4 hour minimum
Cost per location for As Requested service,
$29.50 per hour
4
outside of regular schedule
after 5:00 $34.50 per hour
* The City reserves the right to add or remove locations as needed.
- 13 - MF0322-34 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:
LIM
(Signature) Kyle Hayes, City Manager
Printed Name: Kyle Hammes
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:
- 14 - MF0322-34 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
1. 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.
- 15 - MF0322-34 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.
- 16 - MF0322-34 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 andaccepted 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:
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
- 17 - MF0322-34 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.
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
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.
- 18 - MF0322-34 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)
II NOTE. TO AGENT/BROKER II
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.
- 19 - MF0322-34 Agreement
.��� Form No. C0B1
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
- 20 - MF0322-34 Agreement
'A Form No. C061
CERTIFICATE OF INSURANCE Edition Date: 12/12/2018
Zit Page 2 of 4
INSR, `
:
TYPE OF INSURANCE •
POLICY,
'POLICY EFF.,
PobdY`EXP: " -
LIMITS OF LIABILITY—-
LTR
NO:
DATE- . ' '
~(MM/DD/YYYY)
DATE ..
(MMIDDIYYYI�.
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
Personal &
$
❑ Yes ❑ No — Contractual Liability
Advertising Injury
Deductible or Self
$
❑ Yes ❑ No — Explosion
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 Subro ation Form - CG 2404 0509 or Equivalent ❑ Yes
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF. DATE
POLICY EXP.
LIMITS OF LIABILITY
LTR
NO.
(MMIDD/YYYY)
DATE
'(MM/DD/YYYY)
Pollution /
Occurrence
$
Environmental
Impairment Policy
Aggregate
$
INSR
TYPE OF INSURANCE
POLICY
POLICY EFF. DATE
POLICY EXP.
LIMITS OF LIABILITY.
LTR
NO.
(MMiDD1YYYY)-
DATE
(MM/DD/YYYY)_
Commercial Auto
CSL
$
Bodily Injury
$
Liability Policy
As defined in the Policy,
does the Policy provide:
(Per Incident)
❑ Yes ❑ No — Any Auto
Bodily Injury
$
Per Person
Property
$
❑ Yes ❑ No — All Owned Autos
Damage
Per Accident
- 21 - MF0322-34 Agreement
Form No. C0131
� CERTIFICATE OF INSURANCE Edition Date: 1211/12/201/2018
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
LTR
TYPE OF INSURANCE
POLICY,
NO.
. POLICY EFF:
DATE
(MM/DD/YYY` ),-.
POLICY EXP.,'.
DATE
(MMIDDIYYYY)
LIMITS OF'LIABILITY
Excess Liability
Occurrence
$
❑ Umbrella Form
Aggregate
$
❑ Excess Liability
Follow Form
Workers
❑ Statutory
Compensation &
Employers Liability
Each Accident
$
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
- 22 - MF0322-34 Agreement
UAW Form C
� CERTIFICATE OF INSURANCE Edition Date: 12112/12/2012018
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:
City of Beaumont
P. O: Box 3827
Beaumont, Texas 77704-3827
DATE ISSUED:
AUTHORIZED REPRESENTATIVE SIGNATURE
Licensed Insurance Agent
Printed Name:
- 23 - MF0322-34 Agreement
EXHIBIT "A"
AGREEMENT FOR FURNISHING
GROUNDS MAINTENANCE AND LITTER REMOVAL
AT BUS SHELTER LOCATIONS FOR THE
BEAUMONT MUNICIPAL TRANSIT SYSTEM
AND FOR THE
HENRY DANNENBAUM TRANSFER CENTER
(Reference: MF0322-34)
- 24 - MF0322-34 Agreement
EXHIBIT "A"
AGREEMENT FOR FURNISHING
GROUNDS MAINTENANCE AND LITTER REMOVAL
AT BUS SHELTER LOCATIONS FOR THE
BEAUMONT MUNICIPAL TRANSIT SYSTEM
AND FOR THE
HENRY DANNENBAUM TRANSFER CENTER
(Reference: MF0322-34)
LOCATIONS TO BE SERVICED TWO (2) TIMES PER WEEK
1. E. VIRGINIA AND ROLFE CHRISTOPHER-LAMAR
2. FLORIDA AND HIGHLAND
3. AVENUE A AND HARRIOT
4. AVENUE C AND WASHINGTON BLVD.
5. 3875 IH-10 TINSELTOWN
6. HEB-11TH ST. AND STAGG DR.
7. WALGREENS AND FOLSOM
r
8. CHICK FIL A ON COLLEGE
9. BPL PLASMA ON EASTEX FRWY.
10. COLLEGE AT MEDICAL CENTER DR.
11. COLLEGE AT BEAUMONT PUBLIC HEALTH DEPT.
12. CALDER AND 4TH INBOUND
13. CALTER AND 7TH INBOUND
14. CALDER AND 7TH OUTBOUND
15. DOWLEN AT EASTEX (T-MOBIL STORE)
16. LEIGHT AND MAGNOLIA
17. CALDER AND 11TH OUTBOUND
Page -I-of3
TRASH CAN WRENCH
TRASH CAN W/BENCH
TRASH CAN WBENCH
TRASH CAN WRENCH
TRASH CAN W/BENCH
FULLSHELTER
TRASH CAN W/BENCH
FULLSHELTER
TRASH CAN W/BENCH
TRASH CAN WBENCH
TRASH CAN W/BENCH
TRASH CAN W/BENCH
TRASH CAN ONLY
TRASH CAN ONLY
TRASH CAN ONLY
BUS STOP ONLY
BUS STOP ONLY
LOCATIONS TO BE SERVICED ONE (1) TIME PER WEEK
1. BLANCHETTE AT PENNSYLVANIA
FULL SHELTER
2. CALDER AT 23RD
TRASH CAN WRENCH
3. CALDER AT CHRISTUS ST. ELIZABETH HOSPITAL
TRASH CAN WRENCH
4. COLLEGE AT AVENUE C (EAST)
FULL SHELTER
5. COLLEGE AT AVENUE C (WEST)
TRASH CAN W/BENCH
6. COLLEGE AT PINCHBACK
TRASHCAN WRENCH
7. CONCORD AT RUSSELL (VILLAGE SHOPPING CTR)
TRASH CAN W/BENCH
8. CONCORD AT PINKSTON
FULL SHELTER
9. CONCORD AT LUCAS OUTBOUND
TRASH CAN WRENCH
10. CONCORDAT LUCAS INBOUND
FULL SHELTER
11. CORLEY AT 11TH
FULL SHELTER
12. CORLEY AT PARK
FULL SHELTER
13. DOWLEN AT CALDER
TRASH CAN WRENCH
14. DOWLEN AT WALMART
FULLL SHELTER
15. DOWLEN AT KROGER
TRASH CAN W/BENCH
16. DOWLEN AT CONCORD NEXT TO POPEYE'S
TRASH CAN WRENCH
17. FANNIN AT CENTRAL PARK
TRASH CAN WBENCH
18. LIBERTY AT 2ND
FULL SHELTER
19. FANNIN AT BAPTIST HOSPITAL
TRASH CAN WRENCH
20. CROW RD. AT SEVILLE APARTMENTS
TRASH CAN WRENCH
21. CONCORDAT BEATRICE
TRASH CAN WRENCH
22. PARK AT ROYAL
TRASH CAN W/BENCH
23. MAGNOLIA AT PARRY
FULL SHELTER
24. MAGNOLIA AT LIFE OAK
TRASH CAN WRENCH
25. PEARL AT ART MUSEUM
TRASH CAN WRENCH
26. LAVACA AT CHAISON
FULLL SHELTER
27. MAGNOLIA AT GILL
TRASH CAN W/BENCH
28. CLEVELAND AT ARTHUR
TRASH CAN W/BENCH
29. HELBIG AT LUCAS
TRASH CAN WRENCH
30. 11TH AT LAUREL
FULL SHELTER
31. W. VIRGINIA AT VIRGINIA ESTATE MANOR
FULL SHELTER
Page 2 of 3
0
I
32. N. 7TH AT NORTH
TRASH CAN W/BENCH
33. 2220 CALDER
TRASH CAN WRENCH
34. MAJOR AT GLADYS
TRASH CAN W/BENCH
35. EAST LAVACA CLOSE TO MLK
TRASH CAN W/BENCH
36. MAIDA AT HELBIG
APARTMENT SHELTER
37. MAGNOLIA AT WEISS
TRASH CAN W/BENCH
38. PARK AT MILAM
FULL SHELTER
39. PARKDALE
TRASH CAN W/BENCH
40. PEARL AT ORLEANS
TRASH CAN WRENCH
41. PHELAN AT DOWLEN
TRASH CAN W/BENCH
42. MCLEAN AT MAJOR DR.
FULL SHELTER
43. PINE AT FLETCHER
TRASH CAN W/BENCH
44. RAINTREE TOWER
TRASH CAN W/BENCH
45. SARAH AT 4TH
TRASH CAN WRENCH
46. SOCIAL SECURITY ADMIN. DISHMAN RD.
FULL SHELTER
47. VETERANS CIRCLE
FULL SHELTER
48. WEST VIRGINIA AT USAN
TRASH CAN WRENCH
49. MLK AT MAPLE
TRASH CAN WRENCH
50. CALDER AT 9TH
TRASH CAN ONLY
51. LAVACA AT CASH SAVER
TRASH CAN W/BENCH
52. SYCAMORE AT MADISON SHELTER
SHELTER ONLY
53. 11T11 AT FANNIN
BUS STOP ONLY
54. E. VIRGINIA AT HIGHLAND
BUS STOP ONLY
55. FATIMA AT ELMIRA
BUS STOP ONLY
56. LAUREL AT 2ND
BUS STOP ONLY
57. PINE AT MARTIN
BUS STOP ONLY
58. 8TH AT MHMR
BUS STOP ONLY
59. 11TH AT FINER FOODS
BUS STOP ONLY
60. LAVACA AT IRVING
BUS STOP ONLY
61. PINE BURR AT E. LUCAS
BUS STOP ONLY
Page 3 of 3
END OF AGREEMENT
AGREEMENT FOR FURNISHING
GROUNDS MAINTENANCE AND LITTER REMOVAL
AT BUS SHELTER LOCATIONS FOR THE
BEAUMONT MUNICIPAL TRANSIT SYSTEM
AND FOR THE
HENRY DANNENBAUM TRANSFER CENTER
(Reference: MF0322-34)
- 25 - MF0322-34 Agreement