2008-11-10 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council

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Said insurance shall be in companies acceptable to Owner, and which are authorized to do business in Texas, with an A.M. Best Rating of "A" or better. The Construction Manager shall provide the Owner with certificates, endorsements, and copies of policies evidencing the coverage for all insurance required by Article 11 of the General Conditions of the Contract and this Article, as amended, prior to the start of the Work. Such insurance shall be written for not less than the following limits, or greater if required by law: § 8.1.1 Workers' Compensation and Employers' Liability Insurance meeting statutory limits mandated by state and federal laws. Because Construction Manager will be performing on -site services and observations, a copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the Construction Manager or his employees providing services on the Project is required for the duration of the Project. .1 Duration of the Project includes the time from the beginning of the work on the Project until the Construction Manager's work on the Project has been completed and accepted by the Owner. .2 Persons providing services on the Project include all persons or entities performing all or part of the services the Construction Manager has undertaken to perform on the Project, regardless of whether that person contracted directly with the Construction Manager 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 that furnishes persons to provide services on the Project. 3 Services include, without limitation, providing, hauling, or delivering equipment or materials, or activities unrelated to the Project, such as food/beverage vendors office supply deliveries, and delivery of portable toilets. .4 The Construction Manager 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 401.011 (44) for all employees of the Construction Manager providing services on the Project for the duration of the Project. .5 The construction Manager must provide a certificate of coverage to the Owner prior to being awarded the contract. .6 If the coverage period shown on the Construction Manager's current certificate of coverage ends during the duration of the Project, the Construction Manager must, prior to the end of the coverage period, file a new certificate of coverage with the Owner showing that coverage has been extended. .7 The Construction manager shall obtain from each person providing services on the Project, and provide to the Owner: .1 A certificate of coverage, prior to that person beginning work on the Project, so Owner 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 Construction Manager, 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. .,S The Construction Manager shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. .9 The Construction manager shall notify Owner in writing by certified mail or personal delivery, within ten days after the Construction Manager knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. Init. AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright© 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and International Treaties. 18 Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:02:34 on 12/01 /2008 under Order No.1000375455_1 which expires on 10/20/2009, and is not for resale. User Notes: (4283007293)