5-3 IFB Additional Stipulations non-construction.docx

Additional Stipulations

Additional Stipulations

Technical Contact The person identified as Williamson County's Technical Contact will have designated responsibility to ensure compliance with the requirements of the Contract and any ensuing agreement, such as but not limited to, acceptance, inspection, and delivery, together with the Purchasing Department. The Technical Contact, together with the Purchasing Department, will serve as liaison between Williamson County Commissioners Court and the Successful Respondent.

Initial Contract Term As listed within this IFB.

Contract Extensions (if applicable) At the end of the Initial Contract Term, the Commissioners Court reserves the right to extend the Initial Contract Term, by mutual agreement of both parties, as it deems to be in the best interest of the County. The extension may be negotiated if renewal indications are provided within the County's timeframe which reflect renewal terms for the forthcoming policy year that are deemed by the County to be competitive with current market conditions. However, the County may terminate the contract at any time if funds are restricted, withdrawn, not approved, or if service is unsatisfactory. Any extension will be as described in the IFB Specifications. The extension of the contract is contingent on the appropriation of necessary funds by the Commissioners Court for the fiscal year in question. Upon the failure of the Commissioners Court to so appropriate in any year, the Respondent may elect to terminate the contract, with no additional liability to the County. The County and the Respondent agree that termination shall be the Respondent's sole remedy under this circumstance.

Economic Adjustment Terms and conditions presumptively remain the same for any contract extension unless pricing is revised based on a reasonable economic adjustment requested by the successful Respondent and approved by the Commissioners Court and a price escalation at renewal time is awarded of no more than the consumer price index, All urban consumers (CPI-U). US City Average, all items, as published by the Untied States Department of Labor Statistics. The yearly increase in the CPI shall be the latest index published one hundred and eighty (180) days prior to the end of the contract year.

To the extent applicable to this IFB, the Successful Respondent may submit a request for a contract pricing adjustment for approval by the County if the Respondent can show just cause substantiating an adjustment. The requested adjustment must be for goods and/or services and in not way represent an increase in the Respondent’s profits, labor, or other overhead. The Respondent’s request must include evidence in the form of a certified statement or affidavit from the supplier or manufacturer detailing the price adjustment, the effective date for the adjustment, and any other information requested by the Purchasing Department to verify the adjustment.

An adjustment request will not become effective until after approval of the Williamson County Commissioners Court. Until then, the original contract pricing will remain unchanged. If an issue regarding an adjustment request is not resolved, the Purchasing Department reserves the right to seek competition from other sources.

Any goods or services delivered by the Successful Respondent at a not agreed upon price are done so at the Successful Respondent’s risk.

Contact During Evaluation Phase All contact during the evaluation phase shall be through the Williamson County Purchasing Department only. The Respondent shall neither contact nor lobby evaluators during the evaluation process. Attempts by the Respondent to contact and/or influence Williamson County Employees may result in disqualification of submittal.

Insurance Requirements

By signing the submittal, the Successful Bidder agrees to maintain at all times during any term of the Contract and any Ensuing Agreement at Successful Bidder's cost, insurance in accordance with this provision.

Successful Bidder must submit Certificates of Insurance evidencing the required coverage immediately following contract award and prior to issuance of a Purchase Order. All Certificates of Insurance coverage must be provided to the following Location and should include the solicitation’s number and description:

Williamson County, Texas C/O: Williamson County Risk Management 301 SE Inner Loop Georgetown, TX 78626 Email: coi.submission@wilco.org

Failure to comply with the following Insurance Requirements may result in the termination of the Contract and any ensuing Agreement(s) between the Successful Bidder and County.

A. Successful Bidder shall carry insurance in the types and amounts indicated below for the duration of the Contract and any Ensuing Agreement, which shall include items owned by County in the care, custody and control of Successful Bidder prior to and during construction. Successful Bidder must also complete and file the declaration pages from the insurance policies with County whenever a previously identified policy period expires during the term of the Agreement, as proof of continuing coverage. Successful Bidder shall update all expired policies prior to submission of any payment requests hereunder. Failure to update policies shall be reason for payment to be withheld until evidence for renewal is provided to the County. If the Successful Bidder fails to obtain, maintain or renew any insurance required by this Contract and any Ensuing Agreement, the County may, among other remedies available hereunder or at law, obtain insurance coverage directly and recover the cost of that insurance from the Successful Bidder or declare this Contract and any Ensuing Agreement void if the Successful Bidder does not remedy the breach within ten (10) days after receipt of notice of breach from the County.

B. All policies of insurance provided by the Successful Bidder must comply with the requirements set forth herein, the Contract and any Ensuing Agreement and the laws of the State of Texas.

C. The Successful Bidder shall provide and maintain, until the Work covered in the Contract and any Ensuing Agreement is completed and accepted by the County, the minimum insurance coverages in the minimum amounts as described below.

Type of Coverage Limits of Liability

1. Worker's Compensation Statutory

3. Commercial general liability including completed operations and contractual liability insurance for bodily injury, death, or property damages in the following amounts:

COVERAGE PER OCCURRENCE

Commercial General Liability $1,000,000 (including premises, completed operations and contractual)

Aggregate policy limits: $2,000,000

4. Comprehensive automobile and auto liability insurance (covering owned, hired, leased and non-owned vehicles):

COVERAGE PER PERSON PER OCCURRENCE

Bodily injury (including death) $1,000,000 $1,000,000

Property damage $1,000,000 $1,000,000

Aggregate policy limits No aggregate limit

5. Builder’s Risk Insurance (all-risks)

An all-risk policy, in the amount equal at all times to 100% of the Contract Price or Contract Sum. The policy shall include coverage for loss or damage caused by certified acts of terrorism as defined in the Terrorism Risk Insurance Act. The policy shall be issued in the name of the Successful Bidder and shall name its Subcontractors as additional insureds. The County shall be named as a loss payee on the policy. The builders risk policy shall have endorsements as follow:

a. This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises. If off-site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored.

b. For renovation projects and or portions of work contained within an existing structure, the County waives subrogation for damage by fire to existing building structure(s), if the Builder’s Risk Policy has been endorsed to include coverage for existing building structure(s) in the amount described in the Special Conditions. However, Successful Bidder shall not be required to obtain such an endorsement unless specifically required by the Special Conditions in the Contract Documents. The aforementioned waiver of subrogation shall not be effective unless such endorsement is obtained.

6. Flood insurance when specified in Supplementary General Conditions or Special Conditions.

7. Umbrella coverage in the amount of not less than $5,000,000.

D. Workers' Compensation Insurance Coverage:

1. Definitions:

9. The Successful Bidder shall contractually require each person with who it contracts to provide services on a project, to:

10. By signing the Agreement/Contract or providing or causing to be provided a certificate of coverage, the Successful Bidder is representing to the County that all employees of the Successful Bidder 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 Successful Bidder to administrative penalties, criminal penalties, civil penalties, or other civil actions.

11. The Successful Bidder's failure to comply with any of these provisions is a breach of contract by the Successful Bidder which entitles the County to declare the Agreement/Contract void if the Successful Bidder does not remedy the breach within ten days after receipt of notice of breach from the County.

E. If insurance policies are not written for the amounts specified herein, Successful Bidder shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of primary coverage.

F. Insurance coverage required hereunder shall be written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company, or otherwise acceptable to County.

G. The County (“Williamson County, Texas”), its officials, employees and volunteers shall be named as an additional insured on all required policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by that insurer to bind coverage on its behalf.

H. The furnishing of the above listed insurance coverage, as may be modified by the Contract Documents, must be tendered prior to execution of the Agreement/Contract, and in no event later than ten (10) days from Notice of Award. Failure to provide the insurance in a timely fashion may result in loss of Successful Bidder’s bid bond.

I. County reserves the right to review the insurance requirements set forth herein during the Contract and any Ensuing Agreement and to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent by the County based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Successful Bidder.

J. County shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon the Parties or the underwriter of any of such polices. Damages caused by the Successful Bidder and not covered by insurance shall be paid by the Successful Bidder.

K. Successful Bidder shall be responsible for payment of premiums for all of the insurance coverages required hereunder. Successful Bidder further agrees that for each claim, suit or action made against insurance provided hereunder, with respect to all matters for which the Successful Bidder is responsible hereunder, Successful Bidder shall be solely responsible for all deductibles and self-insured retentions. Any deductibles or self-insured retentions over $75,000 in the Successful Bidder’s insurance must be declared and approved in writing by County in advance.

L. Successful Bidder shall contractually require each person or entity with whom it contracts to provide services in relation to the Work, to comply with every insurance requirement that Successful Bidder must comply with hereunder. More specifically, each person or entity with whom Successful Bidder contracts to provide services on the in relation to the Work must comply with each insurance requirement hereunder just as if such person or entity was the Successful Bidder. Thus, every reference to Successful Bidder under each insurance requirement hereunder shall mean and include each person or entity with whom Successful Bidder contracts to provide services in relation to the Work. If any such person or entity with whom Successful Bidder contracts to provide services in relation to the Work fails to obtain, maintain or renew any insurance required by this Contract and any Ensuing Agreement, County may, among other remedies available hereunder or at law, obtain insurance coverage directly and recover the cost of that insurance from the Successful Bidder or declare this Contract and any Ensuing Agreement void if the Successful Bidder does not remedy the breach within ten (10) days after receipt of notice of breach from the County.

M. Conflicting Insurance Requirements. In the event the Insurance Requirements set forth herein conflict with the Insurance Requirements set forth in any Ensuing Agreement, the Insurance Requirements set forth in the Ensuring Agreement shall control.

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