ESBD_File_338348_3 RFP Additional Stipulations v2.pdf

Additional Stipulations

Additional Stipulations

Introduction

The Proposal evaluation and selection process is detailed in this section, as are other factors, and the format in which the Price Proposal of each Proposal should be submitted.

Price Proposal

The Respondent must utilize the price sheet form as provided in this RFP.

The Price Proposal should be included in each copy of the Proposal if submitted in paper form.

Note: Any reworked version of the price sheet that is intended to be a substitute and that is provided by a Respondent may be determined as non-responsive, and may, at the County's sole discretion, result in the

Respondent's disqualification.

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 RFP.

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However, the County may terminate the contract at any time if funds are restricted, withdrawn, not approved, or if service is unsatisfactory.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 for 12 months, with the terms and conditions remaining the same. 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.

Insurance Requirements

By signing the submittal, the Successful Respondent agrees to always maintain during any term of the Contract and any Ensuing Agreement at

Successful Respondent's cost, insurance in accordance with this provision.

Successful Respondent 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 Purchasing Department

100 Wilco Way, Ste P101

Georgetown, Texas 78626

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

Respondent and County.

A. Coverage Limits. Except as specified otherwise in the Contract and any

Ensuing Agreement(s), Successful Respondent, at Successful

Respondent's sole cost, shall purchase and maintain during the entire term while the Contract and any Ensuing Agreement(s) is in effect the following insurance:

1. Worker's Compensation in accordance with statutory requirements.

2. Commercial General Liability Insurance with a combined minimum

Bodily Injury and Property Damage limits of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate.

3. Automobile Liability Insurance for all owned, non-owned, and hired vehicles with combined minimum limits for Bodily Injury and Property

Damage limits of $500,000.00 per occurrence and $1,000,000.00 in the aggregate.

4. Damages to Rented Premises coverage in the minimum amount of

$100,000.

5. Medical Expenses coverage in the minimum amount of $10,000.

B. Additional Insureds; Waiver of Subrogation. “Williamson County, Texas” and its directors, officers and employees shall be added as additional insureds under the required policies, and on those policies where County, its directors, officers, and employees are additional insureds, such insurance shall be primary, and any insurance maintained by County shall be excess and not contribute with it. Such policies shall also include waivers of subrogation in favor of County.

C. Premiums and Deductible. Successful Respondent shall be responsible for payment of premiums for all the insurance coverages required under this section. Successful Respondent further agrees that for each claim, suit or action made against insurance provided hereunder, with respect to all matters for which the Successful Respondent is responsible, Successful

Respondent shall be solely responsible for all deductibles and self-insured retentions. Except as specified otherwise in the Contract and any ensuing

Agreement(s), any deductibles, or self-insured retentions over $50,000 in the Successful Respondent's insurance must be declared and approved in writing by County in advance.

D. Commencement of Work. Successful Respondent shall not commence any field work under this Contract until he/she/it has obtained all required insurance and such insurance has been approved by County. As further set out below, Successful Respondent shall not allow any subcontractor/subconsultant(s) to commence work to be performed in connection with this Contract until all required insurance has been obtained and approved and such approval shall not be unreasonably withheld.

Approval of the insurance by County shall not relieve or decrease the liability of Successful Respondent hereunder.

E. Insurance Company Rating. The required insurance must be written by a company approved to do business in the State or Texas with a financial standing of at least an A- rating, as reflected in Best's insurance ratings or by a similar rating system recognized within the insurance industry at the time the policy is issued.

F. Certification of Coverage. Successful Respondent shall furnish County with a certification of coverage issued by the insurer. Successful

Respondent shall not cause any insurance to be canceled nor permit any insurance to lapse. In addition to any other notification requires set forth hereunder, Successful Respondent shall also notify County, within 24 hours of receipt of any notices of expiration, cancellation, non renewal, or material change in coverage it receives from its insurer.

G. No Arbitration. It is the intention of the County and agreed to and hereby acknowledged by the Successful Respondent, that no provision of this

Contract shall be construed to require the County to submit to mandatory arbitration in the settlement of any claim, cause of action or dispute, except as specifically required in direct connection with an insurance claim or threat of claim under an insurance policy required hereunder or as may be required by law or a court of law with jurisdiction over the provisions of this Contract.

H. Subcontractor/Subconsultant's Insurance. Without limiting any of the other obligations or liabilities of Successful Respondent, Successful Respondent shall require each subcontractor/subconsultant performing work under the

Contractor and any ensuing Agreement(s) (to the extent a subcontractor/subconsultant is allowed by insurance County) to maintain during the term of the Contract and any ensuing Agreement(s), at the subcontractor/subconsultant's own expense, the same stipulated minimum required in this section above, including the required provisions and additional policy conditions as shown below in this section.

Successful Respondent shall obtain and monitor the certificates of insurance from each subcontractor/subconsultant to assure compliance with the insurance requirements. Successful Respondent must retain the certificates of insurance for the duration of the Contract and any ensuing

Agreement(s) and shall have the responsibility of enforcing these insurance requirements among its subcontractor/subconsultants. County shall be entitled, upon request and without expense, to receive copies of these certificates of insurance.

I. Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy:

1. County shall be notified 30 days prior to the expiration, cancellation, non-renewal or any material change in coverage, and such notice thereof shall be given to County by certified mail to:

Williamson County Purchasing Department

100 Wilco Way Ste P101

Georgetown, Texas 78626

2. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County, to any such future coverage, or to

County's Self-Insured Retentions of whatever nature.

J. Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Successful Respondent shall be borne solely by

Successful Respondent, with certificates of insurance evidencing such minimum coverage in force to be filed with County.

K. 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.