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HomeMy WebLinkAboutRES 22-078RESOLUTION NO. 22-078 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 City rights -of -way and other specified areas throughout the City in the estimated annual amount of $183,709.11, 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 C March, 2022. CIL of the City of Beaumont this the 8th day of i- Mayor Robin Mouton - STATE OF TEXAS § COUNTY 'OF JEFFERSON § AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE FOR CITY RIGHTS -OF WAY AND SPECIFIED AREAS 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 litter removal services for the City rights -of -way and other areas as may be determined. 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, supervision, materials, equipment, supplies, and transportation required to provide for the pickup and proper disposal of litter or debris discarded olito City rights -of —way and other areas as may be determined by the City. The rights -of -way include but are not limited to those listed on Exhibit "A" and `B" attached hereto. 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. - I - Bid No. MF0222-30 EXHIBIT "A" 4.0 'The Contractor shall furnish a crew consisting of one (1) supervisor and four (4) crew.members for approximately eight (8) hours per day. At the sole discretion of the City, it may require additional,crew members to be provided. If the Contractor is unable to furnish the required number of crew members, the City shall be notified in advance and the City may cancel the days scleduled to be worked by the reduced crew. No payment shall be made for days canceled by the City. Contractor shall also furnish all transportation required. 5.0 "Litter" or "debris" shall be defined as trash, garbage, fragments, remains, ruins, rubble, or loose materials of any nature which have been discarded or which may detract from the appearance and safety of the area. "Litter" shall also include advertisements placed on -or against any pole, post; tree, fireplug, trash receptacle, or other property located on a street right-of-way. 6.0 All litter accumulated by the Contractor shall be. collected and disposed of by Contractor. All supplies and equipment needed shall be fiirnished by the Contractor. All vehicles used in transporting litter must be equipped to prevent litter from being deposited on the street right-of- way during transport to disposal sites. 7.0 The Contractor shall not be required to remove dead animals, tires; of objects weighing more than sixty (60) pounds. However, the Contractor shall notify the designated City representative of the location of these items immediately upon their discovery. heeded cleanups udo nothave this li nitation.1. *: 8.0 Litter removal shall be performed five (5) days per week,.Monday through Friday, except. rani days and City Holidays. Rain days can be voluntarily called by the crew performing litter removal or at the discretion of the City representative. Additional days may be provided with written approval of the designated City representative. Normal working hours shall be 7:30 a.m. to 4:00 p.m. The City shall have full right of inspection of any facilities, areas, or equipment. Such inspections may be related to, but not limited.to, verification of work conditions,_ safety, damages, cr operational interests. 8.1 Work days that are voluntarily called as a result of inclement weather shall not incur a minimum charge for the day. Payments will not be made for hours not worked due to inclementweather. - 2 - Bid No. MF0222-30 9.0 On a weekly basis, the Contractor shall meet with the designated official to define program objectives and schedule litter removal services. The Contractor shall follow the litter removal schedule as defined by the designated City representative. The Contractor shall contact.the designated City representative on a daily basis to report work status. Once work has been assigned, the Contractor shall proceed in an expeditious manner until all work is satisfactorily completed. 10.0 -Services shall'be provided according to schedule requirements specified in the Scope of Work (SOW), excluding official City holidays which include: M.1 Labor Day 10.2 Thanksgiving Day 10.3 Day after Thanksgiving 10.4 Christmas Day 10.5 New Yeai's,Day 10.6 Martin "Luther: King, Jr. Birthday. 103 Good Friday 108 Memorial Day 10.9 Juneteenth 10:10 Independence Day 10.11 Veterans Day 1:1.0 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 servicesand 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 - 3 - Bid No. MF0222-30 in writing, datedsubsequent to the date hereof, and duly executed by the parties hereto. 14.0 The City Rights -of -Way shall be defined as the areas listed oi• shown in Exhibits "A" and "B". 15.0 R snail "tie 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. 16.0 The contractor inay 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. 17.0 " 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. 17.1 Contractor sliall exercise due and prudent care in storage and use.of any hazardous materials, fuel, etc., including security of such. 17.2 Maintenance and repair of equipment -used by Contractor in the performance of this Agreement shall be the responsibilityof the Contractor. Contractor shall avoid major maintenance and repair activities in public areas and, where applicable, shall.perfornn such activities in the identified storage areas or at locations not on the property. 18.0 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". - 4 - Bid No. MF0222-30 18.1 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. 18.2 Contractor shall respond to all requests for maintenance, repair, and investigation as identified in this Agreement as soon as practical. Ih cases where Contractor is required to perform services as identified in this Agreement, such services shhall be performed within twenty-four (24) hours. 18.3 The City retains the right to inspect and order work to be corrected as needed. 19.0 FULTILLMENT AND PAYMENT 19.1 The City agrees to pay WoikkQuest 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 shallhave the right to refuse payment for work not satisfactorily completed. 19.2 The Contractor shall submit an accurate invoice within five (5) working days from the date of delivery. 19.2.1 An accurate record of streets worked and the amount of litter removed. The unit of measure shall be the number of bags and the number of cubic yards collected. 19.2.2 An accurate listing detailing the number of crew members. Days -'vorked, and number of hours each worked, each day. 19.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 19.1 All invoices shall be mailed to: ATTN: Accounting Division - OR - Via .email to: invoices g4rbeaumonttexas. City of Beaumont P. O. Box 3827 Beaumont, TR. 77704 - 5 - Bid No. MF0222-30 19.2 Faxed invoices will not be accepted. 20.0 Tl a City shall" pay the Conti actO at a mate or $19" 50 Pei lioux, peg peg sot . Payment will be made for crew member hours actually worked, with a four (4) hour mininnun. No minimum payments for inclement weather days will be allowed. This payment, shall be full compensation for all work performed, equipment, materials, transportation, and incidentals necessary to complete the work as well as disposal of the litter. 20.1 Table Below Denotes Monthly and Annual Cost to the City for the. Agreement: Location Old Rate 'NEW RATE Annual i stiniated ., ° Cost .. City Rights -of -way $17.20 $19.50 $183,709.11 and specified areas per hour per hour per person per person 20.2 Tablebelowdenotes cost for "As Requested_ /As Needed Services" by the City for heavy clean-ups not included in Agreement, that are Litter Removal related. Cubic Yards of,clebris/waste removed shall be included" on all invoices for this service LaUor'for Old Rate NEW RATE . "As Requested Services" $17.20 $29.50 8A.M. Monday — 5 P.M. Friday per hour per hour per person per person 11.0 Deductions from payments by the City to the Contractor may include items specified herein, including taxes, costs for damages by the Contractor, or other amounts which may be owed by the Contractor to the City. Such deductions shall. not be cause for the Contractor to cease or partially cease operations or activities required by this Agreement. - 6 - Bid No. MF0222-30 22.0 FUNDING :Funds for payment are provided by the City, of Beaumont budget approved by City Council for eacli fiscal year only. The State of Texas statues prohibit the obligation aiid expenditure of public finds beyond the fiscal year for wliicli a budget has been approved. Obligations beyond the end of eacli current City of Beaumont fiscal year will be subject to budget approval. 23.0 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 - 7 - Bid No. MF0222-30 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. 24.0 INSURANCE REQUIREMENTS 24.1 The Contractor sliall at all times during the Agreement maintain in frill 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- shalI receive thirty (30) days' prior written notice before any change or cancellation of any policy. 241 All of the insurance costs shall be borne by the Contractor., Should any insurance i 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. 25.0 CONTRACT TERMINATION 25.1 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. 6 25.2 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. - 8 - Bid No. MF0222-30 25.3 In addition, the City shall have the right to -terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: - 25.3.1 By failing to pay insurance premiums, liens, claims or other charges. 25.3.2 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. 25.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 25.3.4 By violation of any provision or non-performance of the Agreement. 25.4 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. 26.0 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 thaf 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. 27.0 NO`PERSON has the authority to verbally alter these terms and conditions. Any changes must be approved in -writing by both parties. - 9 - Bid No. MFO222-30 28.0 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 AGE, NCY:. 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. 29.0 For any information concerning this contact please contact: Christy Williams, Buyer It 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.williamscbeaumonttexas.gov -10 - Bid No. MF0222-30 IN WITNESS WHEREOF, City and Contractor have executed or caused to be executed by their duly authorized officers or agents this Agreement as of the day and year written below. CITY OF BEAUMONT: By: (Signature) Kyle Hayes, City Manager Printed Name: Kyle Haves Date Signed: WORKQUEST By: (Signature) Deidra Davis, Market Representative Printed Name: Date Signed: BEAUMONT PRODUCTS AND SERVICES By: (Signature) Steve Havard, Executive Director Printed Name,: Date, Signed: - I 1 - Bid No. MF0222-30 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 inforination 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 Rill 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 Conumissi\u Rule28 TAC §110310 which follows this insurance attachment. 2. Conimercial General (public) Liability including coverage for the following: a: Premises operations b. Independent contractors C. Products/completed operations d. Personal injury C. Advertising injury f. Contractual liability 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. - 1.2 - Bid No. MF0222-30 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 onlv 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 priorto 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 fi•oni liability. - 13 - Bid No. MF0222-30 WORKERS COMPENSATION INSURANCE for Building or Construction Projects and Services -Provided at City -Owned Facilities TEXAS WORKERS' COMPENSATION COMMISSION RULE 28, §110.110. A&required by the Workers' Compensation Rule 28, §l 10.1.10, the Contractor shall accept the following definitions and comply with the following provisions: ' Workers' Compensation Insurance Coverage A. Definitions: 1. Certificate ofcoverage ("certificate") -A copy ofa certificate ofinsurance, a certificate ofauthorityto:self-insure;issued by the commission, or a coverage agreeinent-(TWCG81, 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 fi-om 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 thatperson 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: I. 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 tobe covered, and - 14 - Bid No. MF0222-30 stating how a, person may verify coverage and report lack of coverage, The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the'statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration.of the project; 2. Provide to the Contractor, prior to that person beginning work on the.project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on. the project, for the duration 'of the project. 3. Provide the Contractor, prior to the end of the coverage period, a new certificate 'of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage; prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on -the current certificate of coverage ends during the duration of the project. 5. Retain, all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), Nvith 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 selfAnsured, 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 fi•om 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. - 15 - Bid No. MF0222-30 CITY OF BEAUMONT INSURANCE REQUIREMENT ArFIDAVIT To be Completed By Appropriate Insurance Agent and'submitted ivitli 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 (1'0) 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/BROI(ER 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. - 1G - Bid No. MF0222-30 Form No. COB1' M CERTIFICATE OF INSURANCE Edition Date:.12/12/2018 1K Page 1 of 4 This form is,for informational purposes only and certifies that policies of insurance,listedbelow 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 - 17 - Bid No. MF0222-30 Form No.•C061 CERTIFICATE OF INSURANCE Edition Date: 12112/2018 Page 2 of 4 ILL INSR TYPE OF INSURANCE , = .POLICY -' : POLICY EFFS ', POLICY EXP. .. -LIMITS OF•0ABILITY LTR ;NO DATE ,DATE - (MNIIDDIYYYY) {MMIDD/YYYY) Commercial General Each Occurrence $ Liability ,Policy As defined in the Policy, does the Policy General Aggregate $ provide: Completed ❑ Yes ❑ No — Completed Operations/Products Operations/ $ Products Aggregate ❑ Yes ❑ No — Contractual Liability Personal & . $ Advertising Injury ❑ 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 28041093 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.' (MMIDDIYYYY) DATE (MMIDD/YWY) Pollution:/ Occurrence $ Environmental Impairment Policy $ Aggregate INSR TYPE OF INSURANCE POLICY_ POLICY EFF. DATE POLICY•EXP. LIMITS OF LIABILITY LTR NO: (MMIDDIYYYY) DATE . •(MMIDD/YYYY) Commercial Auto CSL $ Liability Policy As definedin 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 - 1.8 - Bid No. MF0222-30 o. Form N/1 /201 CERTIFICATE OF INSURANCE Edition Oate: 12%12/201,8 . ¢ 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'.-, (MMIDD/YYYY) (MMIDD/YYYY) Excess Liability Occurrence $ ❑ Umbrella Form Aggregate $ ❑ Excess Liability Follow Form Workers ❑ Statutory Compensation & Employers Liability As defined in the Each Accident $ 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 - 19 - Bid No. MF0222-30 Form No. COB1 CERTIFICATE OF INSURANCE Edition Date: 12/12/2618 'Page 4of 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: - 20 - Bid No. MF0222-30 Locations for MONTHLY Litter Removal Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid.No. MF0222-30 - 21 - Bid No. MF0222-30 Locations for SEMI-MONTHLY Litter Removal Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 - 22 - Bid No. MF0222-30 Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 - 23 - Bid No. MFO222-30 5 q'r M, IWO March 14, 2022 ATTN: Deidra Davis, Market Representative Via Email: ddavisCa--)workguest.com WorkQuest 119 North Street, Suite H Nacogdoches, TX 85961 IFUNI-9111! ATTN: Steve Havard, Executive Director Via Email: bmtprodservC@-g mail. com Beaumont Products and Services 1305 Washington Blvd. Beaumont, TX 77705 RE: Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 Dear Vendor: Please be advised that your company has been awarded the referenced contract for the City of Beaumont. Please see the attached fully executed Agreement. The pricing details of the contract are shown within the Agreement. DATE BID AWARDED: March 11, 2022 (Resolution No. 22-078) CONTRACT BEGINS: April 1, 2022 CONTRACT ENDS:' March 31, 2025 The term of the contract is for three (3) years with no options to renew for any additional terms. All orders shall be accompanied by a Purchase Order number. The Purchase Order number must appear on all delivery tickets and invoices. Payment by City to Vendor shall be made in accordance with the requirement of Texas Government Code §2251.021. If you need any further information, please contact the Purchasing Division at (409) 880-3720. Sincerely, Terry Welch Purchasing Manager TW:bd G:\BIDS - DO NOT MOVE OR DELETEI\Pu22\Pu-F-22\MF0222-30—award—BD.docx Attachment: Fully Executed Agreement cc: Purchasing Lynn Foote, Code Enforcement *URCHASING T-409.880.3720 F 409.880.3747 PO Box 38271 Beaumont, TX 77704 801 Main St. I Suite 315 1 Beaumont, TX 77701 beaumonttexas.gov WorkQuest Award Letter Beaumont Products and Services Award Letter Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 March 111 2022 Page 2 NOTE: Fully executed Agreement and Resolution follows (26 pages total). STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE FOR CITY RIGHTS -OF WAY AND SPECIFIED AREAS Reference: Bid No. MF0222-30 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 litter removal services for the City rights -of -way and other areas as may be determined. 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, supervision, materials, equipment, supplies, and transportation required to provide for the pickup and proper disposal of litter or debris discarded onto City rights -of —way and other areas as may be determined by the City. The rights -of -way include but are not limited to those listed on Exhibit "A" and "B" attached hereto. 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 - Bid No. MF0222-30 4.0 The Contractor shall furnish a crew consisting of one (1) supervisor and four (4) crew members for approximately eight (8) hours per day. At the sole discretion of the City, it may require additional crew members to be provided. If the Contractor is unable to furnish the required number of crew members, the City shall be notified in advance and the City may cancel the days scheduled to be worked by the reduced crew. No payment shall be made for days canceled by the City. Contractor shall also furnish all transportation required. 5.0 "Litter" or "debris" shall be defined as trash, garbage, fragments, remains, ruins, rubble, or loose materials of any nature which have been discarded or which may detract from the appearance and safety of the area. "Litter" shall also include advertisements placed on or against any pole, post, tree, fireplug, trash receptacle, or other property located on a street right-of-way. 6.0 All litter accumulated by the Contractor shall be collected and disposed of by Contractor. All supplies and equipment needed shall be furnished by the Contractor. All vehicles used in transporting litter must be equipped to prevent litter from being deposited on the street right-of- way during transport to disposal sites. 7.0 The Contractor shall not be required to remove dead animals, tires, or objects weighing more than sixty (60) pounds. However, the Contractor shall notify the designated City representative of the location of these items immediately upon their discovery. * * As -needed cleanups do not have this limitation. * * 8.0 Litter removal shall be performed five (5) days per week, Monday through Friday, except rain days and City Holidays. Rain days can be voluntarily called by the crew performing litter removal or at the discretion of the City representative. Additional days may be provided with written approval of the designated City representative. Normal working hours shall be 7:30 a.m. to 4:00 p.m. The City shall have full right of inspection of any facilities, areas, or equipment. Such inspections may be related to, but not limited to, verification of work conditions, safety, damages, or operational interests. 8.1 Work days that are voluntarily called as a result of inclement weather shall not incur a minimum charge for the day. Payments will not be made for hours not worked due to inclement weather. - 2 - Bid No. MF0222-30 9.0 On a weekly basis, the Contractor shall meet with the designated official to define program objectives and schedule litter removal services. The Contractor shall follow the litter removal schedule as defined by the designated City representative. The Contractor shall contact the designated City representative on a daily basis to report work status. Once work has been assigned, the Contractor shall proceed in an expeditious manner until all work is satisfactorily completed. 10.0 Services shall be provided according to schedule requirements specified in the Scope of Work (SOW), excluding official City holidays which include: 10.1 Labor Day 10.2 Thanksgiving Day 10.3 Day after Thanksgiving 10.4 Christmas Day 10.5 New Year's Day 10.6 Martin Luther King, Jr. Birthday 10.7 Good Friday 10.8 Memorial Day 10.9 Juneteenth 10.10 Independence Day 10.11 Veterans Day 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 - 3 - Bid No. MF0222-30 in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 14.0 The City Rights -of -Way shall be defined as the areas listed or shown in Exhibits "A" and "B". 15.0 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. 16.0 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. 17.0 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. 17.1 Contractor shall exercise due and prudent care in storage and use of any hazardous materials, fuel, etc., including security of such. 17.2 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. 18.0 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". - 4 - Bid No. MF0222-30 18.1 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. 18.2 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. 18.3 The City retains the right to inspect and order work to be corrected as needed. 19.0 FULFILLMENT AND PAYMENT 19.1 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. 19.2 The Contractor shall submit an accurate invoice within eve (5) working days from the date of delivery. 19.2.1 An accurate record of streets worked and the amount of litter removed. The unit of measure shall be the number of bags and the number of cubic yards collected. 19.2.2 An accurate listing detailing the number of crew members. Days worked, and number of hours each worked, each day. 19.3 Invoices must reference a Purchase Order number and the Department or Division for which goods or services are provided. 19.4 All invoices shall be mailed to: ATTN: Accounting Division - OR - Via email to: invoiceskbeaumonttexas. gov City of Beaumont P. O. Box 3 827 Beaumont, TX 77704 - 5 - Bid No. MF0222-30 19.5 Faxed invoices will not be accepted. 20.0 The City shall pay the Contractor at a rate of $19.50 per hour per person. Payment will be made for crew member hours actually worked. No minimum payments for inclement weather days will be allowed. This payment shall be full compensation for all work performed, equipment, materials, transportation, and incidentals necessary to complete the work as well as disposal of the litter. 20.1 Table Below Denotes Monthly and Annual Cost to the City for the Agreement: Location Old Rate NEW RATE Annual Cost City Rights -of -way $17.20 per hour $19.50 per hour $183,709.11 ands ecified areas p er erson p p er erson p p 20.2 Table below denotes cost for "As Requested /As Needed Services" by the City for heavy clean-ups not included in Agreement, that are Litter Removal related. Cubic Yards of debris/waste removed shall be included on all invoices for this service. Labor for Old Rate NEW RATE "As Requested Services" 8 A.M. Monday— 5 P.M. Friday y $17.20 per hour $29.50 per hour per person per person 21.0 Deductions from payments by the City to the Contractor may include items specified herein, including taxes, costs for damages by the Contractor, or other amounts which may be owed by the Contractor to the City. Such deductions shall not be cause for the Contractor to cease or partially cease operations or activities required by this Agreement. - 6 - Bid No. MF0222-30 22.0 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. 23.0 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 - 7 - Bid No. MF0222-30 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. 24.0 INSURANCE REQUIREMENTS 24.1 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. 24.2 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. 25.0 CONTRACT TERMINATION 25.1 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. 25.2 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. - 8 - Bid No. MF0222-30 25.3 In addition, the City shall have the right to terminate this Agreement if the Contractor breaches this Agreement by other means, including the following: 25.3.1 By failing to pay insurance premiums, liens, claims or other charges. 25.3.2 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. 25.3.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 25.3.4 By violation of any provision or non-performance of the Agreement. 25.4 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. 26.0 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. 27.0 NO PERSON has the authority to verbally alter these terms and conditions. Any changes must be approved in writing by both parties. - 9 - Bid No. MF0222-30 28.0 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. 29.0 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.williams&beaumonttexas.gov - 10 - Bid No. MF0222-30 IN Wl,,,FNESS WI-JEREOF> City and Confi-actor havo exemited or caused to be executed by their duly authorized officers oragents this Agreement -cis of tho day and yerm- vvniten below. Date Si*gned: - I I - Bid No. MFO222-30 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. 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 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. 3. Comprehensive Automobile Liability Combined single limit for bodily injury and insurance, including coverage for loading property damage of $500,000 per occurrence and unloading hazards, for: or equivalent. - 12 - Bid No. MF0222-30 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. - 13 - Bid No. MF0222-30 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 - 14 - Bid No. MF0222-30 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 project. 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one (1) year thereafter; 6. Notify the City of Beaumont in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City of Beaumont that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City of Beaumont to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the City of Beaumont. As defined by the Texas Labor Code, Chapter 269, Section 406.096(e), building or construction is defined as: 1. Erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; 2. Remodeling, extending, repairing, or demolishing a structure; or 3. Otherwise improving real property or an appurtenance to real property through similar activities. The employment of a maintenance employee who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. - 15 - Bid No. MF0222-30 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. - 16 - Bid No. MF0222-30 0 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 - 17 - Bid No. MF0222-30 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 re ate 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) - 18 - Bid No. MF0222-30 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 - 19 - Bid No. MF0222-30 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: - 20 - Bid No. MF0222-30 EXHIBIT "A" Locations for MONTHLY Litter Removal Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 - 21 - Bid No. MF0222-30 Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. M F0222-30 EXHIBIT "A" - MONTHLY Work Quest Arterial Street Litter Pickup (Monthly) Street From To Dates 1 Sherwood Broadoak Piney Point 2 Lawrence Drive Eastex Chinn 3 Chinn Old Voth Road Lawrence 4 Plant Road Eastex Helbig 5 Comstock Garner Helbig 6 Judy Eastex Concord (very short street) 7 Maida Helbig Barrett (one block) 8 Nathan Liggitt Dead end 9 Gober Concord 1 st Driveway 10 Pineburr E Lucas Concord 11 Pinkston Eastex E Frontage Road Concord 12 Idylwood E Lucas Charles 13 Coleman Pine Lucas 14 Gill St Helena Pine 15 Leight Cleveland Magnolia 16 Gulf Pope Weiss (5 or 6 blocks) 17 CDS/Dollinger/Hoover Concord 11 th Street 18 10th Street Sweetg u m Hoover 19 First Calder Evalon 20 McFaddin MLK Willow 21 Cedar MLK Parkway Fourth 22 Fannin MLK Neches 23 Bowie MLK Neches 24 Buford Pennsylvania Carroll 25 Park MLK Florida 26 Pennsylvania Washington Blvd MLK 27 Lavaca Bob University Drive 28 Avenue A Virginia City Limits 29 Delores/Elmira/Fatima Fannett Road Sarah 30 Booker 4th Pradice (couple blocks) 31 Brooks Major Drive IH-10 W Frontage Road 32 Pevitot/Burbank Washington Blvd Major 33 Langham Washington Blvd College 34 lWendelin/Kelly Langham College 35 McLean Major Drive Greeves 36 Landis Major Drive Todd 37 Todd Phelan McLean 38 Dishman Major Drive City Limits 39 Tolivar Major Drive Keith Road 40 Keith Rd Hwy 105 Phelan EXHIBIT "B" Locations for SEMI-MONTHLY Litter Removal Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 - 22 - Bid No. MF0222-30 Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 EXHIBIT "B" - SEMI-MONTHLY Work Quest Arterial Street Litter Pickup (Semi -Monthly) Street From To Dates 1 Tram Road Old Voth Road Major Drive 2 Bigner E Lucas Dead end 3 Helbig E Lucas Dead end 4 Phelan Blvd IH-10 W Frontage Road W City Limits 5 Gladys Major Drive IH-10 W Frontage Road 6 Old Dowlen Road Dowlen Road Hwy 105 7 Dowlen Road Concord Road College 8 Pinchback Dead end, off of College Calder 9 Calder Magnolia 400' W of Arlington 10 Lucas Calder Pine 11 Pine Boat Ramp Magazine 12 Delaware Pine Major Drive 13 Magnolia Laurel E Lucas 14 Concord Eastex Liveoak 15 7th Street IH 10 Laurel 16 Smart St 7th Street Jaguar 17 College IH-10 E Frontage Road Neches 18 11 th Street Delaware Fannett Road 19 Fannett Washington Blvd Cardinal N Frontage Road 20 Walden Road Major Drive Fannett Road 21 Tyrrell Park Road Fannett Road Frint/Canal 22 Irving Buford Highland 23 Highland Ave. Irving Cardinal N Frontage Road 24 Highland Drive Highland Ave Kenneth 25 Kenneth Florida Lavaca 26 Woodrow Avenue A Maddox 27 Florida Avenue Cardinal N Frontage Road University 28 Washington Blvd MLK Parkway Reynolds 29 4th Street North Cardinal N Frontage Road 30 Sarah Fannett Road Railroad Tracks 31 Fannin MLK Orange (next to Credit Union) 32 Liberty MLK Merge with Phelan 33 Laurel MLK Office Park Drive 34 Office Park Drive Laurel Phelan 35 French Road Delaware Blackmon END OF AGREEMENT Agreement for Furnishing Litter Removal Service for City Rights -of -Way and Specified Areas Bid No. MF0222-30 - 23 - Bid No. MF0222-30