HomeMy WebLinkAboutC2016-659 - 7/26/2016 - Approved CITY OF CORPUS CHRISTI
FACILITIES MULTIPLE AWARD CONTRACT MASTER AGREEMENT
This Agreement is entered into on U.ly e2—tO , 2016, between the City of Corpus Christi, a Texas
home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277
(City) acting through its duly authorized City Manager or designee and Barcom Construction, a Texas
Corporation, 5826 Bear Lane, Corpus Christi, Texas 78405 (Contractor).
WHEREAS, Texas Government Code Chapter 2269, Subchapter I authorizes the City to contract for the
maintenance, repair, alteration, renovation, remediation or minor construction of city-owned facilities
when the work is of a recurring nature but the delivery times, type and quantities of work required are
indefinite;
WHEREAS, the City's Department of Engineering Services issued a Request for Proposals No. 2016-04
- Master Agreement for Facilities Multiple Award Contract (FMAC) for the Minor Construction, Repair,
Rehabilitation and Alteration of Facilities to provide services on an on-call or as-needed basis, through
individually priced task orders for the maintenance, repair, alteration, renovation, remediation or
construction of facilities; and
WHEREAS, Contractor submitted a proposal in response to the RFP (Proposal) and was selected for
recommendation for award; and
WHEREAS, the parties desire to enter into a Facilities Multiple Award Contract Master Agreement
(Agreement) to set the terms and conditions the parties must follow;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I — FACILITIES MULTIPLE AWARD CONTRACT PROGRAM
1.1 The City has awarded or will award one or more FMAC Master Agreements.
1.2 This Agreement consists of the following Contract Documents, which specify the terms and
conditions that the parties agree to comply with throughout the term of the Agreement:
1.2.1 RFP No. 2016-04 and Addenda,
1.2.2 Contractor's Proposal, including all attachments and exhibits, submitted in response to
RFP No 2016-04 (Exhibit A).
1.2.3 this FMAC Master Agreement, including all attachments and exhibits
1.2.4 Specifications,forms and documents listed in SECTION 00 01 00 TABLE OF CONTENTS.
1.3 The parties agree to comply with the Agreement and any additional terms and conditions specified
in the FMAC Task Orders issued hereunder.
1.4 This Agreement is a competitively awarded master agreement with an undefined State of Work
(SOW). The work is of an indefinite quantity and a recurring nature, delivered on an on-call or
as-needed basis, through individually priced FMAC Task Orders (Order). The Agreement may
support a broad assortment of facilities construction work, including maintenance, repair,
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Barcom Construction
SCANNED
1.5 This Agreement and any Task Order applies only to a facility that is a building, or a structure or
land,whether improved or unimproved,that is associated with a building. The City currently owns
approximately 1200 properties that require a variety of minor construction, repair, rehabilitation or
alteration services, including but not limited to services for three areas: general,
mechanical/electrical/plumbing (MEP) and roofing.
1.5.1 Minor construction may include a range of services from new office construction (as well
as demolition) to completing a new floor plan, etc.
1.5.2 Repair is defined as work that involves the reparation of a broken system, component or
sub-component of a building such as doors, electrical outlets, plumbing, flooring,
sheetrock and/or air conditioning systems, etc.
1.5.3 Rehabilitation is defined as work that involves the restoration of an office, floor, system or
component of a system in order to restore functionality.
1.5.4 Alteration is defined as work that involves extending a wall, upgrading lighting fixtures,
installing a door where one did not exist, replacing flooring, etc.
1.6 Contractor must provide all labor, services, equipment, materials, tools, transportation,
mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and
quality control necessary to complete all services agreed to in a timely manner as required by the
Contract Documents throughout the term of the Agreement.
1.7 Contractor's Project General Manager shall be knowledgeable in multiple disciplines, including
electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing.
1.8 Contractor may be required to submit a Safety Plan to the City within 15 calendar days after
Award of Agreement. The Safety Plan must address all aspects of the Contractor's safety
procedures, including responsibility for OSHA compliance, drug testing,trend analysis, corrective
action and interface with City inspectors.
ARTICLE II — PERIOD OF SERVICE AND COMPENSATION
2.1 The base term of this Agreement is for two years with the option to administratively renew annually
for not more than three additional years.
2.2 The maximum aggregate price for work during any one year of this Agreement's term is
$2,000,000.00.
2.3 City shall pay Contractor in current funds for performance of each Order in accordance with both
this Agreement and the Order as the work progresses.
2.4 This Agreement provides for no guaranteed minimum amount of Orders, no amount of work and
no dollar amount.
2.5 All funding obligations of the City under this Agreement are subject to the appropriation of funds
in its annual budget. •
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ARTICLE III - FMAC TASK ORDER
3.1 The Facilities Multiple Award Contract Task Order(Order)will be for a defined Statement of Work
to be performed within a set time period.
3.2 With the exception of emergencies, each Order will be competitively procured by requesting
sealed proposals from each FMAC Contractor.
3.2.1 The Request for Task Order Proposal (RFTOP)will specify the date and time that sealed
proposals will be publicly opened.
3.2.2 The RFTOP will include evaluation criteria, including but not limited to, price, past
performance, past experience with similar sites, knowledge and capability of personnel,
capacity, safety and other factors that directly impact the quality of work to be delivered.
3.2.3 The City shall have the right to reject all proposals, cancel a proposed project or elect to
perform work utilizing city personnel. The City shall not be responsible for payment or
costs incurred by the Contractor for the preparation and submission of a Task Order
Proposal regardless of project outcome.
3.3 Each FMAC Task Order Agreement will incorporate by reference this Agreement. Contractor
must comply with the terms and conditions of this Agreement throughout the term of the
Agreement and during the performance of each Order.
3.4 Contractor shall construct and complete the improvements according to the Plans and
Specifications in a good and workmanlike manner for the prices and conditions set out in the
Contractor's Order Proposal and as provided under this Agreement and the Order Agreement.
3.5 Contractor must not begin work on any Task Order authorized under this Agreement until they
are briefed on the scope of the Project and are notified in writing to proceed.
3.6 Contractor shall provide performance and payment bonds if required by law based on the amount
of the Order or if otherwise required by the City. At a minimum, the Contractor will be required to
provide a payment bond on all Orders that exceed$50,000 and a performance bond on all Orders
that exceed $100,000.
3.7 In the event that design services, construction drawings and/or plans are required, the City shall
obtain these services from city resources or from a third-party consultant. The Contractor will not
be permitted to contract with or hire consultants.
3.8 Contractor shall warrant that work performed conforms to the Task Order requirements and is
free of any defect in equipment, material or design furnished or workmanship performed by the
Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor
shall be warranted for a minimum period of one year from the date of final acceptance of the
Work. Equipment warranties shall be as required under the Statement of Work.
ARTICLE IV—SCHEDULING OF WORK
4.1 The first day of performance shall be the effective date specified in the Task Order Agreement.
Any preliminary work started, materials ordered or purchased prior to receipt of the City's Notice
to Proceed shall be at the Contractor's risk and expense.
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4.2 The Contractor shall meticulously prosecute the Work to completion within the time set forth in
the Task Order.
4.3 The period of performance shall include allowance for mobilization, holidays, weekends,
inclement weather, cleanup and project acceptance procedures.
4.4 When the Contractor considers the Work to be complete and ready for its intended use, Contractor
shall notify the Director of Engineering Services or designee. The City shall inspect the Work to
determine the status for completion. The Contractor shall promptly proceed to complete or correct
listed items.
4.5 Contractor shall ensure that the purchase, delivery and storage of materials and equipment shall
be made without interference to the City operations and personnel.
4.6 Contractor shall be responsible for removing furniture and/or portable office equipment from the
immediate work area as well as replacing to its original location upon work completion. In the
event that said items cannot be replaced within its original location, the City shall designate
alternate location(s)for placement.
4.7 Contractor shall take all necessary precautions to ensure that no damage shall result from
operations to private or public property. All damages must be repaired or replaced by the
Contractor at no additional cost to the City.
4.8 Contractor shall be responsible for providing all necessary traffic control, to include but is not
limited to, street blockages, traffic cones, flagmen, etc. as required for each Task Order.
Proposed traffic control methods must be submitted to the City for approval prior to
commencement of work.
4.9 Contractor shall be responsible for obtaining all required permits applicable to performance under
any single order placed against this contract. The City shall be responsible for the cost of any
and all City permits.
ARTICLE V—"GREEN BUILDING" PROGRAM
5.1 In an effort to conserve resources, as well as, preserve our environment,the City is in the process
of developing a program to support a "Green Building" policy for all new city-owned and funded
facilities. A"green building,"also known as a high performance building, shall include a structure
or facility that is designed, built, renovated and operated in a resource-efficient and healthful
manner. Green buildings are designed to meet certain objectives such as: conserve energy and
water, use renewable, recyclable or reclaimed materials, protect occupant health, optimize use of
local and regional resources, and reduce the overall impact of that new structure to the
environment. The program initiatives for a"Green Building" policy may include the following:
5.1.1 All new buildings and major renovations constructed by the City of Corpus Christi or its
contractors and funded directly by the City of Corpus Christi shall be designed and
constructed with economical and technically feasible green building components.
5.1.2 The City of Corpus Christi shall focus this green building policy in an effort to meet the
requirements of the Texas Emissions Reduction Plan, specifically Chapter 388 of the
Texas Health and Safety Code. Section 388.005 states that certain political subdivisions
should: (a) implement all cost effective "energy efficiency measures" in order to reduce
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electric consumption by the existing facilities, (b) establish a goal to reduce electric
consumption by its facilities of five percent each year for five years, and(c)annually report
to State Energy Conservation Office (SEC) its efforts and progress in reduction of
electricity.
5.1.3 City staff will develop a green building program for the city facilities targeted in this policy.
This green building program will describe the standards of the green building components,
including standards for energy efficiency, renewable materials, water conservation, air
flow and site location. This program shall also describe the target buildings, exemptions
and methods to achieve the goals of this policy. The development of this plan will include
an evaluation of the AIA"2020 Challenge,"the U.S. Green Building Council's Leadership
in Energy and Environmental Design (LEED), and the Environmental Protection Agency's
Energy Star Program. Feasible components of these programs will be incorporated into
this plan. A review of the accomplishments made under this plan shall be reported to City
Council annually.
5.1.4 All maintenance practices performed by the City of Corpus Christi shall incorporate energy
efficiency and green building practices.
ARTICLE VI —INDEMNIFICATION
CONTRACTOR covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS the
CITY and the elected officials, employees, officers, directors and representatives of the
CITY, individually or collectively, from and against any and all costs, claims, liens,
damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands,
causes of action, liability and suits of any kind and nature, including but not limited to,
personal or bodily injury, death and/or property damage made upon the CITY, directly or
indirectly arising out of, resulting from or related to CONTRACTOR'S activities under this
CONTRACT, including any acts or omissions of CONTRACTOR and/or CONTRACTOR'S
agent, officer, director, representative, employee, consultant or subcontractor while in
the exercise of performance of the rights or duties under this CONTRACT, all without,
however,waiving any governmental immunity available to the CITY under Texas Law and
without waiving any defenses of the parties under Texas Law. IT IS FURTHER
COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE
SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES,
PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS
ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS,
EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER THIS
CONTRACT. The provisions of this INDEMNITY are solely for the benefit of the parties
hereto and not intended to create or grant any rights, contractual or otherwise, to any
other person or entity.
It is the EXPRESS INTENT of the parties to this CONTRACT that the INDEMNITY provided
for in this section is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT
and HOLD HARMLESS the CITY from the consequences of the CITY'S OWN
NEGLIGENCE, provided however,that the INDEMNITY provided for in this section SHALL
APPLY only when the NEGLIGENT ACT of the City is a CONTRIBUTORY CAUSE of the
resultant injury, death or damage and shall have no application when the negligent act of
the CITY is the sole cause of the resultant injury,death or damage. CONTRACTOR further
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AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE
NAME OF THE CITY AND WITH COUNSEL ACCEPTABLE TO THE CITY, any claim or
litigation brought against the CITY and its elected officials,employees,officers,directors,
volunteers and representatives, in connection with any such injury, death or damage for
which this INDEMNITY shall apply, as set forth above.
CONTRACTOR shall advise the CITY in writing, within 24 hours, of any claim or demand
against the CITY or CONTRACTOR, known to CONTRACTOR, related to or arising out of
activities under this CONTRACT and shall see to the investigation and defense of such
claim or demand at CONTRACTOR'S cost. The CITY shall have the right,at its option and
at its own expense, to participate in such defense without relieving CONTRACTOR of any
of its obligations under this paragraph.
ARTICLE VII -INSURANCE REQUIREMENTS
7.1 Texas law requires that contractors, subcontractors and others must be covered under Workers'
Compensation insurance, authorized self-insurance or a workers' compensation coverage
agreement. Throughout this Agreement, such coverage must be provided. Contractor shall
comply with the Insurance Requirements for Workers'Compensation Coverage as described and
shown in the Notice to Contractors, attached as Exhibit B.
7.2 Contractor shall comply with the Insurance Requirements as described and shown in Exhibit B.
ARTICLE VIII -TERMINATION OF AGREEMENT
8.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days
written notice to the Contractor at the address of record.
8.2 In this event, the Contractor will be compensated for its services on all work completed and
accepted by the City at the time of termination.
ARTICLE IX—RIGHT OF REVIEW AND AUDIT
9.1 Contractor grants City, or its designees, the right to audit, examine or inspect, at City's election,
all of Contractor's records relating to the performance of the Work under this Agreement, during the term
of this Agreement and retention period herein. The audit, examination or inspection may be performed
by a City designee,which may include its internal auditors or an outside representative engaged by City.
Contractor agrees to retain its records for a minimum of four (4) years following termination of the
Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall
extend until final resolution of the dispute.
9.2 "Contractor's records" include any and all information, materials and data of every kind and
character generated as a result of the Work under this Agreement. Examples include billings, books,
general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes,
subscriptions, agreements, purchase orders, leases,contracts,commitments, arrangements,notes,daily
diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures,federal and state tax filings for issue in questions and any and all other agreements, sources
of information and matters that may, in City's judgment, have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any Agreement Documents.
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9.3 City agrees that it shall exercise the right to audit, examine or inspect Contractor's records only
during City's regular business hours. Contractor agrees to allow City's designee access to all of
Contractor's records, Contractor's facilities and Contractor's current or former employees, deemed
necessary by City or its designee(s), to perform such audit, inspection or examination. Contractor also
agrees to provide adequate and appropriate work space necessary to City or its designees to conduct
such audits, inspections or examinations.
9.4 Contractor shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OTHER PROVISIONS
10.1 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Contractor and supersedes all prior negotiations, representations
or agreements,either oral or written. This Agreement may be amended only by written instrument
signed by both the City and Contractor.
10.2 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to •
its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. All
legal proceedings must be filed, tried and cannot be removed from Nueces County, Texas.
10.3 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement
are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or
invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its
effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or
unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of
this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity
of this Agreement in any other instance.
10.4 Independent Contractor. Contractor, it and all persons designated by it to provide services in
connection with this Agreement or any Task Order Agreement executed pursuant to this
Agreement, is and shall be deemed to be an independent contractor, responsible for its respective
acts or omissions, and City shall in no way be responsible for Contractor's actions and neither
party hereto will have authority to bind the other or to hold out to third parties that it has such
authority.
10.5 Captions. The captions, titles and headings in this Agreement are merely for convenience of the
parties and shall neither limit nor amplify the provisions of the Agreement itself.
10.6 Notices to be given by either party to the other relative to this Agreement shall be in writing. Both
parties agree that any such notice shall be effective when personally delivered or deposited,
postage paid, in the U.S. Mail addressed by certified mail, return receipt request, as follows:
CITY: City of Corpus Christi
Attn: Jeff Edmonds, Director of Engineering Services
1201 Leopard Street, 341 Floor
Corpus Christi, TX 78401
Fax: 361-826-3501
CC: City of Corpus Christi
Attn: Veronica Ocanas, Assistant City Attorney
1201 Leopard Street, 5th Floor
Corpus Christi, TX 78401
Fax: 361-826-3239
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CONTRACTOR: Name. Elaine R. Hoffman
Title: President
Address: 5826 Bear Lane, Corpus Christi, TX 78405
Telephone: (361)851-1000
Fax:
Email: elaine@barcom.cc
CITY 0 CO' RISTI BARCOM CONSTRUCTION
ei /(0 _alfu+Tl .Y'? ^'� 07/06/16
J. . Edmonds, P. (Dat ) Elaine R. Hoffman (Date)
Director of Engineering Services President
5826 Bear Lane
Corpus Christi, TX 78405
A-PROVED AS TO LEGAL FORM (361) 851-1000 Office
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/ ssistan City Attorne (Date)
for City Attorney
ATTEST
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Rebecca Huerta, City`Secretary sr mupt:il^^ I Z
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EXHIBIT A- PROPOSAL
FMAC Master Agreement
Exhibit A
EXHIBIT B- INSURANCE
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Engineering Services a copy of the Certificates of Insurance (COI)
with applicable policy endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on
the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required
on all applicable policies by endorsement. Endorsements must be provided with COI. Project name and
or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence- aggregate
policy endorsements
Commercial General Liability including: $2,000,000 Combined Single Limit
1. Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
I. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION For Paid Employees - Statutory
EMPLOYER'S LIABILITY $500,000/$500,000/$500,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
FMAC Master Agreement
Exhibit B
PROFESSIONAL POLLUTION $2,000,000 COMBINED SINGLE LIMIT
LIABILITY/ ENVIRONMENTAL
IMPAIRMENT COVERAGE o REQUIRED
Not limited to sudden &accidental discharge; o NOT REQUIRED
to include long-term environmental impact for
the disposal of contaminants
See Section 13-6-11 & Supplemental
BUILDERS' RISK Insurance Requirements
o REQUIRED
o NOT REQUIRED
$100,000 COMBINED SINGLE LIMIT
INSTALLATION FLOATER See Section B-6-I I & Supplemental
Li REQUIRED
o NOT REQUIRED
C. In the event of accidents of any kind related to this lease agreement, Contractor must furnish the Risk
Manager with copies of all reports of any accidents within 10 days of the accident.
ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company.The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in an amount
sufficient to assure that ail workers' compensation obligations incurred by the Contractor will be promptly
met.
B. 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 on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the
address provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
FMAC Master Agreement
Exhibit B
• List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations,completed operation and activities of,or on behalf of,the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30) calendar days advance written notice directly to City of any suspension, cancellation,
non-renewal or material change in coverage, and not less than ten (I0) calendar days advance written
notice for nonpayment of premium.
E. Within five(5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a material breach of
this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Contractor to stop work hereunder, and'or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2015 Insurance Requirements
Engineering Department
FMAC Projects
9/4/2015 ds Risk Management
FMAC Master Agreement
Exhibit B
•
H. Workers'Compensation Insurance Coverage.
Figure: 28 TAC § 110.110(c)(7)
A. Definitions:
Certificate of coverage("certificate')-A copy of a certificate of insurance, a certificate ofauthority to self-insure
issued by the division, or a coverage agreement(DWC Form-81, DWC Form-82, DWC Form-83, or DWC Form-
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 ("subcontractor" in tis406.096). - 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 Hurst 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.
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 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 ofdie project and for one year
thereafter.
FMAC Master Agreement
Exhibit B
G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 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
Department of Insurance, Division of Workers' Compensation, 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. See Attachment A to this Exhibit.
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 or 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 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 whore 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►gill 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 division. Providing false
or misleading information may subject the contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
FMAC Master Agreement
Exhibit B
K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental entity.
Attachment A to Exhibit B
TO THE EMPLOYER/CONTRACTOR:
Pursuant to Workers' Compensation Rule 110.110 (d)(7), a contractor engaged in a
building or construction project for a government entity is required to post a notice on
each project site informing all persons providing services on the project that they are
required to be covered by workers' compensation insurance. The notice required by
this does not satisfy other posting requirements imposed by the Texas Workers'
Compensation Act or other Workers' Compensation Rules. This notice must:
(1) be posted in English, Spanish and any other language common to
the employer's employee population;
(2) be displayed on each project site;
(3) state how a person may verify current coverage and report failure
to provide coverage;
(4) be printed with a title in at least 30-point bold type and text in at
least 19-point normal type; and
(5) contain the exact words as prescribed in Rule 110.110 (d)(7).
The notice on the reverse side meets the above requirements. Failure to post the
notice as required by this rule is a violation of the Act and Workers' Compensation
Rules. The violator may be subject to administrative penalties.
Nd,ce8(Rev 12/I TEXAS DEPARTMENT OF INSURANCE DIVISION OF WORKERS COMPENSATION
FMAC Master Agreement
Exhibit B
REQUIRED WORKERS' COMPENSATION
COVERAGE
The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other services related to the project, regardless of the identity
of their employer or status as an employee.
Call the Division of Workers' Compensation at 1-800-252-7031 or access the
division's website at www,tdi.texas.gov/wc/indexwc.html to receive information on the
legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage.
Notice 8(Rev 12/15) TEXAS DEPARTMENT OF INSURANCE.DIVISION OF WORKERS'COMPENSATION Rule 110 110
COBERTURA REQUERIDA DE COMPENSACION
PARA TRABAJADORES
La ley requiere que cada persona que trabaja en este lugar o que proporciona
servicios relacionados con este proyecto de construcciOn debe estar cubierta por
un seguro de compensaciOn para trabajadores. Esto incluye a personas que
proporcionan, transportan, o entregan equipo o materiales, o que proporcionan
mano de obra, transporte u otros servicios relacionados con este proyecto, sin
importar la identidad del empleador o el estado como empleado.
Llame a la DivisiOn de Compensacion para Trabajadores (Division of Workers'
Compensation, por su nombre en ingles) al 1-800-252-7031 o visite el sitio Web de
la DivisiOn en www.tdi.texas.gov/wc/indexwc.html para recibir informaciOn referente
al requisito legal de cobertura, asi como para verificar si su empleador ha
proporcionado la cobertura requerida, o para reportar a un empleador que no
proporciona cobertura.
Rake 8S(Rev 121151 TEXAS DEPARTMENT OF INSURANCE DIVISIONOF WORKERS COMPENSATION Ruie 110.110