HomeMy WebLinkAboutConsultant Contract CONSULTANT CONTRACT
This Contract is by and between the City of College Station, a Texas Municipal Home-
Rule Corporation (the "City") and Quimby McCoy Preservation Architecture, LLP, a Texas
Limited Liability Partnership (the "Contractor"), whereby Contractor agrees to perform and the
City agrees to pay for the work described herein.
ARTICLE I
1.01 This Contract is for the Inventory and Survey of Historical Structures and Places
in the City of College Station (the "Project"). The scope and details of the work to be provided
to the City by Contractor are set forth in Exhibits "A" and "B" to this Contract and are
incorporated as though fully set forth herein by reference. Contractor agrees to perform or cause
the performance of all the work described in Exhibits "A" and "B."
1.02 Contractor agrees to perform the work described in Exhibits "A" and "B" hereto
and the City agrees to pay Contractor a fee based on the rates set forth in Exhibit "C" to this
Contract for the services performed by Contractor. The invoices shall be submitted to the City
following the 15th day and the last day of each month. The payment terms are net payable
within thirty (30) calendar days of the City's receipt of the invoice. Upon termination of this
Contract, payments under this paragraph shall cease, provided, however, that Contractor shall be
entitled to payments for work performed in accordance with this Contract before the date of
termination and for which Contractor has not yet been paid.
1.03 The total amount of payment, including reimbursements, by the City to
Contractor for all services to be performed under this Contract may not, under any
circumstances, exceed Forty-nine Thousand Seven Hundred and No/100 Dollars($49,700).
1.04 The City may from time to time request changes in the scope and focus of the
activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this
Contract, provided, however, that any such change that in the opinion of Contractor, the City
Manager, or the City's Project Manager varies significantly from the scope of the work set out
herein and would entail an increase in cost or expense to the City shall be mutually agreed upon
in advance in writing by Contractor and the City's Project Manager. Written change orders may
be approved by the City Manager or his delegate provided that the change order does not
increase the amount set forth in paragraph 1.03 of this Contract to more than Fifty Thousand
Dollars ($50,000.00). Changes in the scope which would require an expenditure by the City of
more than Fifty Thousand Dollars ($50,000.00) shall be approved in advance by the City
Council. Any request by the Contractor for an increase in the Scope of Services and an
increase in the amount listed in paragraph 1.03 of this Contract shall be made and
approved by the City prior to the Contractor providing such services or the right to
payment for such additional services shall be waived.
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1.05 Except as provided in Article VI herein below, the Contractor shall complete all
of the work described in Exhibits "A"and "B"by the dates set forth below.
• Services will be complete by May 2008, assuming contract execution and project
initiation in November 2007.
1.06 Time is of the essence of this Contract. The Contractor shall be prepared to
provide the professional services in the most expedient and efficient manner possible in order to
complete the work by the times specified.
1.07 At any time, the City may terminate the Project for convenience, in writing. At
such time, the City shall notify Contractor, in writing, who shall cease work immediately.
Contractor shall be compensated for the services performed. In the event that the City terminates
this Contract for convenience, the City shall pay Contractor for the services performed and
expenses incurred prior to the date of termination.
1.08 Contractor promises to work closely with the City Manager or his designee (the
"Project Manager") or other appropriate City officials. Contractor agrees to perform any and all
Project-related tasks reasonably required of it by the City in order to fulfill the purposes of the
work to be performed. The work of Contractor under this Contract may be authorized by the
Project Manager in various phases as set forth in Exhibits "A" and "B."
1.09 In all activities or services performed hereunder, the Contractor is an independent
contractor and not an agent or employee of the City. The Contractor, as an independent
contractor, shall be responsible for the final product contemplated under this Agreement. Except
for materials furnished by the City, the Contractor shall supply all materials, equipment and
labor required for the execution of the work on the Project. The Contractor shall have ultimate
control over the execution of the work under this Contract. The Contractor shall have the sole
obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its
employees and subcontractors, and the City shall have no control of or supervision over the
employees of the Contractor or any of the Contractor's subcontractors except to the limited
extent provided for in this Contract. Contractor shall be liable for any misrepresentations. Any
negotiations by the Contractor on the City's behalf are binding on the City only when within the
scope of work contained herein and approved by the City.
ARTICLE II
2.01 The City shall direct Contractor to commence work on the Project by sending
Contractor a "letter of authorization" to begin work on the Project.
2.02 Upon receipt of the letter of authorization to begin work on the implementation of
the Project, Contractor shall meet with the City for the purpose of determining the nature of the
Project, including but not limited to the following: meeting with the City's staff to coordinate
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Project goals, schedules, and deadlines; coordinating data collection; briefing the City's
management staff; documenting study assumptions and methodologies; devising the format for
any interim reports and the final report to the City.
2.03 Contractor shall consult with the City and may, in some limited circumstances,
act as the City's representative, but it is understood and agreed by the parties that for all
purposes related to this Contract, Contractor shall be an independent contractor at all times and
is not to be considered either an agent or an employee of the City.
ARTICLE III
3.01 As an experienced and qualified professional, Contractor warrants that the
information provided by Contractor reflects high professional and industry standards,
procedures, and performances. Contractor warrants the design, preparation of drawings, the
designation or selection of materials and equipment, the selection and supervision of personnel,
the fitness and operation of its recommendations, and the performance of other services under
this Contract, pursuant to a high standard of performance in the profession. Contractor warrants
that it will exercise diligence and due care and perform in a good and workmanlike manner all of
the services pursuant to this Contract. Approval or acceptance by the City of any of Contractor's
work product under this Contract shall not constitute, or be deemed, a release of the
responsibility and liability of Contractor, its employees, agents, or associates for the exercise of
skill and diligence necessary to fulfill Contractor's responsibilities under this Contract. Nor
shall the City's approval or acceptance be deemed to be the assumption of responsibility by the
City for any defect or error in the Project's work products prepared by Contractor, its employees,
associates, agents, or subcontractors.
3.02 Contractor shall keep the City informed of the progress of the work and shall
guard against any defects or deficiencies in its work.
3.03 Contractor shall be responsible for using due diligence to correct errors,
deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any
errors, deficiencies or any work product found unacceptable, in the City's sole discretion, as
soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said
errors, deficiencies or unacceptable work product.
3.04 Contractor's work product shall be the exclusive property of the City. Upon
completion or termination of this Contract, Contractor shall promptly deliver to the City all
records, notes, data, memorandum, models, and equipment of any nature that are within
Contractor's possession or control and that are the City's property or relate to the City or its
business.
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ARTICLE IV
4.01 Indemnification. Contractor agrees to and shall indemnify and hold
harmless and defend the City, its officers, agents, and employees from and against any and
all claims, losses, damages, causes of action, suits and liability of every kind, including all
expenses of litigation, court costs, and attorney's fees, for injury to or death of any person,
for damage to any property, or for any breach of contract, arising out of, or in connection
with the work done by Contractor under this Contract. In the event of personal injury to
or death of Contractor' employees, such indemnity shall apply regardless of whether the
claims, losses, damages, causes of action,suits or liability arise in whole or in part from the
negligence of the City. Such indemnity shall not apply, however, to liability arising from
the personal injury, death, or property damage of persons other than the Contractor or its
employees where such liability is caused by or results from the negligence of the City.
4.02 Contractor assumes full responsibility for the work to be performed
hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents,
and employees from all claims, demands, and causes of action of every kind and character,
including the cost of defense thereof, for any injury to or death of any person (whether
employees of either of the parties hereto or other third parties) and any loss of or damage
to property (whether property of either of the parties, their employees, or other third
parties) that is caused by or alleged to be caused by, arising out of, or in connection with
Contractor's work to be performed hereunder. This release shall apply regardless of
whether said claims, demands, and causes of action are covered, in whole or in part, by
insurance and regardless of whether such loss, damage, injury, or death was caused in
whole or in part by the negligence of the City.
ARTICLE V
Insurance
5.00 The Contractor shall procure and maintain at its sole cost and expense for the
duration of this Agreement insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of the work hereunder by the
Contractor,its agents,representatives,volunteers, employees or subcontractors. The policies, limits
and endorsements required are as set forth on Exhibit"D".
ARTICLE VI
6.01 At any time, the City may terminate the Project for convenience, in writing. At
such time, the City shall notify Contractor, in writing, who shall cease work immediately.
Contractor shall be compensated for the services performed. In the event that the City terminates
this Contract for convenience, the City shall pay Contractor for the services performed and
expenses incurred prior to the date of termination.
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6.02 No term or provision of this Contract shall be construed to relieve the Contractor
of liability to the City for damages sustained by the City or because of any breach of contract by
the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until
the exact amount of damages due the City from the Contractor is determined and paid.
ARTICLE VII
7.01 This Contract has been made under and shall be governed by the laws of the State
of Texas. The parties agree that performance and all matters related thereto shall be in Brazos
County, Texas.
7.02 Notices shall be mailed to the addresses designated herein or as may be
designated in writing by the parties from time to time and shall be deemed received when sent
postage prepaid U.S. Mail to the following addresses:
City:
City of College Station
Attn: Planning Administrator
P.O. Box 9960
College Station, Texas 77842
Contractor:
Quimby McCoy Preservation Architecture, LLP
Attn: Nancy McCoy
3200 Main Street#3.6
Dallas, Texas 75226
(214) 977-9118
7.03. Contractor, its employees, associates or subcontractors shall perform all the work
hereunder. Contractor agrees that all of its associates, employees, or subcontractors who work
on this Project shall be fully qualified and competent to do the work described hereunder.
Contractor shall undertake the work and complete it in a timely manner.
7.04 The Contractor shall comply with all applicable federal, state, and local statutes,
regulations, ordinances, and other laws, including but not limited to the Immigration Reform and
Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an
unauthorized alien. The Contractor, not the City, must verify eligibility for employment as
required by IRCA.
7.05 No waiver by either party hereto of any term or condition of this Contract shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
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7.06 This Contract and all rights and obligations contained herein may not be assigned
by Contractor without the prior written approval of the City.
7.07 If any provision of this Contract shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a court of
competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but
that by limiting such provision it may become valid and enforceable,then such provision shall be
deemed to be written, construed, and enforced as so limited.
7.08 This Contract represents the entire and integrated agreement between the City and
Contractor and supersedes all prior negotiations, representations, or agreements, either written or
oral. This Contract may only be amended by written instrument approved and executed by the
parties.
7.09 The parties acknowledge that they have read, understood, and intend to be bound
by the terms and conditions of this Contract.
7.10 This Contract will be effective when signed by the last party whose signing makes
the Contract fully executed.
QUIMBY MCCOY PRESERVATION
ARCHITECTURE,LLP CITY OF COLLEGE STATION
By: N -
Printed Name: hri Mayor
Title: Par-f-ror
Date: I o•. 15 • 0 7 Date: /7 / 4- L.
,TTEST:
s i- l/-�3 - 09
City Secretary Date
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APPROVED:
Z-.'‘--.-:-..-‘*-.--....sioir-vi. 6SA:4-14:41-‘14--" /t^i2....- e..c.0 7
City Mana r Date
(R 4( /y09--i t //i/7/67
City Attorney
(. ate
Chi Ci nci . Officer Date
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Exhibit "A"
Scope of Services
This Scope of Services(SOS) stipulates the consulting and other services to be provided by Quimby
McCoy Preservation Architects and defines the tasks and responsibilities to be carried out by the
Contractor and the City of College Station to provide the products outlined below. The Contractor is to be
involved for the full duration of the items described in this document.
OVERVIEW
Presently,the City of College Station celebrates historic homes and buildings through the local Historic
Marker program. While the program provides the property owners with social recognition and the public
with some historic educational benefits,the marker status does NOT offer property protection or
regulation. It is the intent of this contract to provide the city the survey information needed to enact its
preservation ordinance(currently in progress) in order to protect and regulate with regard to those
properties designated as having significant historical value.
SERVICES
I. Historic District and Landmark Enabling Ordinance Review
The City of College Station will prepare a historic preservation enabling ordinance("the
Ordinance")to be incorporated into its Unified Development Ordinance. QMc will review a draft
of this document and will provide comments regarding organization, effectiveness,etc. in writing.
Task 1: Preparation: Obtain from the City the background as to the intent of the Ordinance and
the implementation process anticipated
Task 2: Ordinance Review
Task 3:Comment
Deliverable for Service 1:
1. One(1)written set of comments providing an analysis of the proposed ordinance in Word file
format.
II. Inventory and Resource Survey
QMc will prepare an inventory of extant structures,buildings,places and objects of architectural,
historical and cultural value in the City of College Station that are forty(40)years and older
within the study areas defined in this Scope of Services. This resource survey will encompass
two areas of the city as defined by map diagrams and referred to for the purposes of this project
as Eastgate and Southside(see Exhibit"B" Survey Areas). The survey will not encompass the
Texas A&M University (TAMU)campus or TAMU-owned property.
The City has existing documentation "Southside Historic District Resources,A Comprehensive
Plan" dated 1997,which includes maps and photographic slides. This work should not be
duplicated but should be updated and incorporated as appropriate in the inventory and survey.
The survey will utilize a survey form,prepared by QMc with input from the City,that will
provide the following information for each property within the survey area: Property address and
Brazos CAD ID number(provided by the City),historic name(where applicable),photograph,
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general architectural description,the presence of outbuildings,special site features, stories,heated
square footage(provided by the City), integrity, function,architect(where available),
approximate date of construction(where available),and whether the property includes additions
or significant alterations.National Register criteria, level of significance, and potential to be a
contributing structure within a potential historic district will be defined on the survey form.
Task 1: Preparation
1.1 Start-up meeting with City
1.2 Collect data provided by the City;perform research
1.3 Conduct interviews
1.4 Obtain maps provided by the City; format for use
1.5 Create survey form as Excel document; import City provided information
Task 2: Survey
2.1 Orientation drive through
2.2 Survey Southside
2.3 Survey Eastgate
2.4 Meeting with City--review survey findings
2.5 Complete survey forms;coordinate photographic documentation
Deliverables for Service I1:
1. One (1)paper and one (1) electronic copy of the survey form for each property in the survey
areas. The survey form will reference any associated photograph. The electronic copy will
be in Excel and Word file format.
2. One (1)electronic copy of the photographs for each property in the survey area, referenced to
the associated property by QMc. The copy will be in Adobe *.jpeg format.
III. Defining of Potential Historic Districts and Documentation
The preparation of the Survey Report will include history, statements of significance and with
maps detailing those areas within the survey limits that best represent potential historic districts.
This report will detail the reasons for the suggested boundaries of each potential historic district
as well as the significance of the architectural,historical and cultural resources that make each
area a potential historic district.
Task 1 Define potential districts and landmarks
1.1 Define potential districts and landmarks
1.3 Meeting with City—review draft potential districts and landmarks
Task 2 Presentations/Public Meetings
2.1 Present findings at one public meeting;obtain citizen input
2.2 Brief or present survey report to City Council or other government body
Task 3 Prepare Survey Report
3.1 Prepare methodology, final survey,and photographic documentation
3.3 Prepare general history
3.4 Prepare contextual history
3.5 Prepare statements of significance
3.6 Prepare descriptions
3.7 Prepare graphic material(photographs)
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3.8 Prepare recommendations for further preservation efforts
3.9 Deliver Draft Report
3.10 Meeting with City to review draft report
3.11 Edit Draft Report
3.12 Deliver Final Report
Deliverables for Service III will include:
1. One public meeting of stakeholders to provide an overview of the project, solicit input from
citizens, City staff, and the Historic Preservation Committee, and to discuss a schedule and
milestones.Preparations and notification of meeting to be provided by the City.
2. One presentation to City Council or another government body at the request of City staff.
3. One (1) paper copy of Draft report and one (1) electronic copy of Draft report for review
purposes.
4. One(1)paper and one(1)electronic copy of Survey Report.
Deliverables#3 and 4 will be formatted as 8 '/2 x 11 inch documents and will be in Excel and
Word file format.
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RESPONSIBILITIES OF THE VENDOR
➢ Provide the staff for all research and data collection and documentation unless noted otherwise in the
Scope.
> Plan and record meetings with the City at regularly scheduled times.
> Provide staff with contact information to reach the project manager as necessary.
> Provide monthly written progress reports to the City in a format that clearly indicated completion of
or significant interim steps in preparation for or toward completion of all project deliverables and
meetings specified in this work program. The reports will also indicate activities scheduled for the
next progress report period and document any project delays or difficulties encountered and measures
taken in coordination with City staff to overcome them.
> Provide the completed project and all deliverables within nine(9)months of start date.
> Project manager should be willing to answer questions of the media if required.
RESPONSIBILITIES OF THE CITY
> Provide public meeting space,planning,handouts and accommodations for the Stakeholder/Public
Meeting.
> Provide city maps with address, square footage,and Brazos CAD ID number, and other documents
and resources relevant to the project.
➢ Assign a staff contact/liaison to work with the consultant's project manager.
➢ Provide electronic data associated with Brazos CAD.
➢ Provide photography of properties within survey area,where available.
> Perform Public Meeting notifications.
TEAM
QMc proposes a team composed of QMc and Dr. David Woodcock, FAIA as a consulting architectural
historian and historic preservation specialist.
SCHEDULE
QMc proposes to complete the final survey document within nine(9)months of the Notice to Proceed.
The following schedule is anticipated:
I Historic District and Landmark Enabling Ordinance Review 1 month,or less
II Inventory and Resource Survey 3 months
III Defining of Potential Historic Districts and Documentation 3 months
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Exhibit "C"
Payment Terms
Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be
payable by the City pursuant to the schedule listed below and upon completion of the services and written
acceptance by the City.
Payment shall be made pursuant to the percentage complete and written acceptance by the City for each
task listed below:
Service 1 Historic District/Landmark Enabling Ordinance Review $ 1,600(billed over 1 month)
Service II Inventory and Resource Survey $ 18,300
Reimbursable Expenses $ 4,300
Subtotal $23,600(billed over 3 months)
Service III Defining of Potential Historic Districts/Documentation $22,700
Reimbursable Expenses $ 4,400
Subtotal $29,900(billed over 3 months)
TOTAL PROFESSIONAL FEES $41,000
TOTAL REIMBURSABLE EXPENSES $ 8,700
TOTAL $49,700
Reimbursable Expenses: include direct costs associated with the production of the Inventory and
Survey, including printing of drafts, and final documents, plotting, reproduction, reproduction of
archival photographs,travel expenses such as mileage,car rental,lodging,mail,and courier fees.
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Exhibit"D"
Insurance Requirements and
Certificate(s) of Insurance
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Insurance Requirements
1. The Contractor agrees to maintain the types and amounts of insurance required in this
Contract throughout the term of the Contract. The following insurance policies shall be
required:
(a) Commercial General Liability
(b) Business Automobile Liability
(c) Workers' Compensation
(d) Professional Liability
2. For each of these policies, the Contractor's insurance coverage shall be primary
insurance with respect to the City, its officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officials, employees or volunteers, shall be
considered in excess of the Contractor's insurance and shall not contribute to it.
Certificates of insurance and endorsements shall be furnished to and approved by the
City's Risk Manager before any letter of authorization to commence planning will issue
or any work on the Project commences. No term or provision of the indemnification
provided by the Contractor to the City pursuant to this Contract shall be construed or
interpreted as limiting or otherwise affecting the terms of the insurance coverage. All
Certificates of Insurance and endorsements shall be furnished to the City's
Representative at the time of execution of this Agreement, attached hereto as
Exhibit "D", and approved by the City before work commences.
3. The Contractor shall include all subcontractors as additional insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
4. General Requirements Applicable to All Policies.
(a) Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
(b) Deductibles shall be listed on the certificate of insurance and are acceptable
only on a "per occurrence" basis for property damage only.
(c) "Claims made" policies will not be accepted, except for Professional
Liability insurance.
(d) Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, or reduced in coverage or in limits except
after thirty (30) calendar days prior written notice has been given to the
City of College Station by certified mail, return receipt requested.
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(e) Upon request, certified copies of all insurance policies shall be furnished to
the City.
(f) The certificates of insurance shall be prepared and executed by the
insurance company or its authorized agent. Each certificate shall contain
the following provisions and warranties: (a) that the insurance company is
licensed and admitted to do business in the State of Texas; (b) that the
insurance policy is underwritten on forms provided by the Texas State
Board of Insurance or ISO; (c) all endorsements and coverages according to
the requirements of this Contract; (d) the form of notice of cancellation,
termination, or change in coverage provisions; and (e) original
endorsements affecting coverage required by this Contract.
(g) The City of College Station, its officials, employees, and volunteers are to
be added as "Additional Insureds" to the Commercial General Liability and
Business Automobile Liability Policies. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its
officials, employees, and volunteers.
5. Commercial (General) Liability requirements:
(a) Coverage shall be written by a carrier with an "B+:VII" or better rating in
accordance with the current Best Key Rating Guide.
(b) Minimum Combined Single Limit of$1,000,000 per occurrence per project
for bodily injury and property damage with a $2,000,000 annual aggregate
limit.
(c) Coverage shall be at least as broad as Insurance Service's Office Number
CG 00 01.
(d) No coverage shall be deleted from the standard policy without notification
of individual exclusions being attached for review and acceptance.
(e) The coverage shall include but not be limited to: premises/operations;
independent contracts, products/completed operations, contractual liability
(insuring the indemnity provided herein), and where exposures exist,
"Explosion Collapse and Underground" coverage.
(f) The City shall be named as an additional insured and the policy shall be
endorsed to waive subrogation and to be primary and non contributory.
6. Business Automobile Liability requirements:
(a) Coverage shall be written by a carrier with an "B+:VII" or better rating in
accordance with the current Best Key Rating Guide.
(b) Minimum Combined Single Limit of$1,000,000 per occurrence for bodily
injury and property damage.
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(c) The Business Auto Policy must show Symbol 1 in the Covered Autos
portion of the liability section in Item 2 of the declarations page.
(d) The coverage shall include owned, leased or rented autos, non-owned
autos, any autos and hired autos.
7. Workers' Compensation Insurance requirements:
(a) Pursuant to the requirements set forth in Title 28, Section 110.110 of
the Texas Administrative Code, all employees of the Contractor, the
Contractor, all employees of any and all subcontractors, and all other
persons providing services on the Project must be covered by a
workers' compensation insurance policy: either directly through their
employer's policy (the Contractor's, or subcontractor's policy) or
through an executed coverage agreement on an approved TWCC form.
Accordingly, if a subcontractor does not have his or her own policy
and a coverage agreement is used, Contractors and subcontractors
must use that portion of the form whereby the hiring contractor agrees
to provide coverage to the employees of the subcontractor. The
portion of the form that would otherwise allow them not to provide
coverage for the employees of an independent contractor may not be
used.
(b) The worker's compensation insurance shall include the following terms:
(i) Employer's Liability limits of $1,000,000 for each accident is
required.
(ii) "Texas Waiver of Our Right to Recover From Others Endorsement,
WC 42 03 04" shall be included in this policy.
(iii) Texas must appear in Item 3A of the Worker's Compensation
coverage or Item 3C must contain the following: All States except
those listed in Item 3A and the States of NV, ND, OH, WA, WV,
and WY.
(c) Pursuant to the explicit terms of Title 28, Section 110.110(c)(7) of the Texas
Administrative Code, this Agreement, the bid specifications, this Agreement, and
all subcontracts on this Project must include the terms and conditions set forth
below, without any additional words or changes, except those required to
accommodate the specific document in which they are contained or to impose
stricter standards of documentation:
A. Definitions:
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Certificate of coverage ("certificate") -A copy of a certificate of insurance,
a certificate of authority to self-insure issued by the Texas Workers'
Compensation Commission, or a coverage agreement (TWCC-81, 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.
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 governmental entity.
Persons providing services on the project ("subcontractors" in .§ 406.096
[of the Texas Labor Code]) - 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, that 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
governmental entity 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 governmental entity showing that coverage has been extended.
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E. The Contractor shall obtain from each person providing services on a
project, and provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work
on the project, so the governmental entity will have on file
certificates of coverage showing coverage for all persons providing
services on the project; and
(2) no later than seven calendar 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 year thereafter.
G. The Contractor shall notify the governmental entity in writing by
certified mail or personal delivery, within 10 calendar days after the
Contractor knew or should have known, or any change that materially
affects the provision of coverage of any person providing services on the
project.
H. The Contractor shall post on each project site a notice, in the text,form
and manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage.
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,
that 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;
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(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 year thereafter;
(6) notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar 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 (a) - (g), 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 governmental
entity 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
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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 that entitles the governmental entity to
declare the contract void if the Contractor does not remedy the breach
within ten calendar days after receipt of notice of breach from the
governmental entity.
8. Professional Liability requirements:
(a) Coverage shall be written by a carrier with a "B+:VII" or better rating in
accordance with the current Best Key Rating Guide.
(b) Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a
maximum deductible of$10,000.00.
(c) Coverage must have an Extended Reporting Period Endorsement to be
maintained for two (2) years after the expiration of the term or termination
of this Contract.
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