(NOTE: Give exact legal name as it will appear on the contract, if awarded.)
(Please go to www.naics.com/search to determine NAICS for your organization).
To receive SBEDA credit for a local office, the firm must be headquartered or have a significant presence for at least one year within the Relevant Marketplace, defined as: an established place of business in one or more of the eight counties that make up the San Antonio Metropolitan Statistical Area (SAMSA), from which 20% of its full-time, part-time and contract employees are regularly based.
Contractors/Consultants/Vendors on work paid by federal funds will be required to
comply with the president's executive order no. 11246, "Equal Employment
Opportunity," as amended by executive order no. 11375, "amending executive order
11246 relating to equal employment opportunity," and as supplemented by regulations
at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department Of Labor.
Contractors can obtain certification from the entities below:
SOUTH CENTRAL TEXAS REGIONAL CERTIFICATION AGENCY (SCTRCA) 3201
Cherry Ridge, Ste. C-319, San Antonio, Texas 78230 Office: 210-227-4722, Fax: 210-
227-5712, Website: www.sctrca.org
- CONFLICT OF INTEREST
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local
government not later than the 7th business day after the date the person becomes
aware of facts that require the statement to be filed. See Section 176.006, Local
A person commits an offense if the person violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
(The law requires that you file an updated completed questionnaire with the
appropriate filing authority not later than September 1 of the year for which an
activity described in Section176.006(a), Local Government Code, is pending
and not later than the 7th business day after the date the originally filed
questionnaire becomes incomplete or inaccurate.)
- For vendor or other person doing business with local governmental entity
5. Name of local government officer with whom filler has affiliation or business
(Complete this section only if the answer to A, B, or C is YES)
This section, item 5 including subparts A, B, C, & D, must be completed for each
officer with whom the filer has affiliation or business relationship. Attach additional
pages to this Form CIQ as necessary.
FROM: Lucynda Massey, Procurement Manager
RE: Clarification of BDA Insurance, Performance Bond, & Indemnification Requirements.
In its efforts to protect its assets, BDA requires certain levels of insurance, bonding and
indemnification language. These requirements were established in conjunction with our
Insurance Broker and Legal Counsel. These requirements are included in all bid proposals and
noted at all pre-bid conferences. Although, BDA does not require vendors to document proof of
coverage to get on our vendor list, they are required to provide documentation prior to the award
or execution of a contract. The ability to meet BDA insurance, performance bond and
indemnification requirements are criteria of all bid proposals issued by BDA.
BDA requires all subcontractors working on BDA projects to have sufficient coverage as
referenced in Attachment I. It is essential that Prime contractors ensure that their subs have the
coverage required and can provide documentation in a timely manner.
Please note the following insurance and performance bond requirements Attachment I and
indemnification language Attachment II.
Please contact me at 210-678-3322 if you have any questions or require assistance.
Accounting, Procurement & Contracts Coordinator
Brooks Development Authority
3201 Sidney Brooks
San Antonio, TX 78235
INSURANCE AND BOND REQUIREMENTS
BDA will require that the Insurance requirements contained in this Article be included in
all its contracts or agreements for Public Improvements where Contractor is seeking
payment under this Agreement, unless specifically exempted in writing by the BDA.
1. Prior to the commencement of any work under this Agreement, Contractor shall
furnish copies of all required endorsements and the original completed Certificate(s) of
Insurance to the BDA. The original certificate(s) shall be completed by an agent and
signed by a person authorized by that insurer to bind coverage on its behalf. The BDA
will not accept a Memorandum of Insurance or Binders as proof of insurance. The original
certificate(s) or form must have the agent’s original signature, including the signer’s
company affiliation, title and phone number, and be mailed, with copies of all applicable
endorsements, directly from the insurer’s authorized representative to the BDA at the
address listed in paragraph five (5).
2. The BDA shall have no duty to pay or perform under this Agreement until such
certificate and endorsements have been received and approved by the BDA. No officer or
employee, other than the BDA’s Contracts Manager, shall have authority to waive this
3. The BDA reserves the right to review the insurance requirements of this Article
during the effective period of this Agreement and any extension or renewal hereof and to
modify insurance coverages and their limits when deemed necessary and prudent by the
BDA’s Contracts Manager based upon changes in statutory law, court decisions, or
circumstances surrounding this Agreement. In no instance will the BDA allow
modification whereupon the BDA may incur increased risk.
4. Contractor’s financial integrity is of interest to the BDA, therefore, subject to
Contractor’s right to maintain reasonable deductibles in such amounts as are approved by
the Contractor or Contractor’s Subcontractors, shall obtain and maintain in full force and
effect during the construction of all Public Improvements required by the Final Project
Plan and Final Financing Plan, and any extension hereof, at Contractor’s or Contractor’s
Subcontractor’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), in the following types and for an amount
not less than the amount listed:
1. Workers' Compensation
2. Employers' Liability
3. Broad Form Commercial General Liability
Insurance to include coverage for the following:
a. Premises operations
b. Independent Contractors*
c. Products/completed operations
d. Personal Injury
e. Contractual Liability
For Bodily Injury and Property Damage of
$1,000,000 per occurrence;
$2,000,000 General Aggregate, or its equivalent
in Umbrella or Excess Liability Coverage
4. Business Automobile Liability
a. Owned/leased vehicles
b. Non-owned vehicles
c. Hired Vehicles
Combined Single Limit for Bodily Injury
and Property Damage of $1,000,000 per
5. Professional Liability
(Claims Made Form)
$1,000,000 per claim to pay on behalf of the
insured all sums, which the insured shall become
legally obligated to pay as damages to the extent
caused by any negligent act, error or
omission in the performance of
6. Contract’s Pollution Liability* $1,000,000 per occurrence
7. Builders Risk* 100% value of each phase of project
To ensure that contractors insurance meets the AM Best rating of no less than Aplease
go to the AM Best website (www.ambest.com) or contact them at 908-439-
2200. For Workers' Compensation only, Brooks City-Base will accept insurance
written through a State Fund (documentation must be provided).
5. The BDA shall be entitled, upon request and without expense, to receive copies of
the policies, declaration page and all endorsements thereto as they apply to the limits
required by the BDA and may require the deletion, revision, or modification of particular
policy terms, conditions, limitations or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties thereto or the
underwriter of any such policies). Contractor and/or Contractor’s Subcontractor shall be
required to comply with any such requests and shall submit a copy of the replacement
certificate of insurance to the BDA at the addresses provided below within 10 days of the
requested change. Contractor and/or Contractor’s Subcontractor shall pay any costs
incurred resulting from said changes.
Brooks Development Authority
Attn: Purchasing and Contracts Manager
3201 Sidney Brooks
San Antonio, Texas 78235
6. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following provisions:
a. Name the BDA and their respective officers, officials, employees,
volunteers, and elected representatives as additional insureds by
endorsement, as respects operations and activities of, or on behalf of, the
named insured performed under this Agreement, with the exception of the
workers’ compensation and professional liability polices;
b. Provide for an endorsement that the “other insurance” clause shall not
apply to the Brooks Development Authority where the BDA is an
additional insured shown on the policy;
c. Workers’ compensation and employers’ liability policies will provide a
waiver of subrogation in favor of the BDA; and
d. Provide thirty (30) calendar days advance written notice directly to the
BDA at the same address listed in paragraph 5 of any suspension,
cancellation, non-renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
7. Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Contractor and/or Contractor’s Subcontractor shall provide a replacement
Certificate of Insurance and applicable endorsements to the BDA at the address listed in
paragraph 5. BDA shall have the option to suspend Contractor’s performance should
there be a lapse in coverage at any time during this Agreement. Failure to provide and to
maintain the required insurance shall constitute a material breach of this Agreement.
8. In addition to any other remedies the BDA may have upon Contractor’s and/or
Contractor’s Subcontractor’s failure to provide and maintain any insurance or policy
endorsements to the extent and within the time herein required, the BDA 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 and/or Contractor’s Subcontractor
demonstrates compliance with the requirements hereof.
9. 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 Subcontractors’ performance of the work covered under
10. It is agreed that Contractor’s and/or Contractor’s Subcontractor’s insurance shall
be deemed primary with respect to any insurance or self insurance carried by the Brooks
Development Authority for liability arising out of operations under this Agreement.
11. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this Agreement.
12. Contractor agrees to obtain all insurance coverages with minimum limits of not
less than those limits delineated in paragraph 4 from each subcontractor to Contractor and
provide a Certificate of Insurance and Endorsement that names BDA as an additional
WORKERS COMPENSATION INSURANCE COVERAGE
a. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing
statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on the Project for the duration of the project.
b. Duration of the project - includes the time from the beginning of the work on
the Phase of the Project until the contractor’s/person's work on the project has
been completed and accepted by the BDA.
c. Persons providing services on the Project ("subcontractor" in §406.096 of the
Texas Labor Code) - includes all persons or entities performing all or part of
the services Contractor has undertaken to perform on the Project, regardless of
whether that person contracted directly with 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 the Project.
"Services" does not include activities unrelated to the Project, such as
food/beverage vendors, office supply deliveries, and delivery of portable
2. 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 its employees
providing services on the Project, for the duration of the project.
3. Contractor must provide a certificate of coverage to the BDA prior to being
beginning construction under this Agreement and prior to awarding any contract for
construction of Public Improvements.
4. If the coverage period shown on Contractor’s current certificate of coverage ends
during the duration of the project, Contractor must, prior to the end of the coverage period,
file a new certificate of coverage with the BDA showing that coverage has been extended.
5. Contractor shall obtain from each person providing services on the Project, and
shall provide to the BDA:
a. a certificate of coverage, prior to that person beginning work on the Project, so
the BDA will have on file certificates of coverage showing coverage for all
persons providing services on the Project; and
b. no later than seven days after receipt by Contractor or Contractor’s
Subcontractor, 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 project.
6. Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
7. Contractor shall notify the BDA in writing by certified mail or personal delivery,
within 10 days after Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the Project.
8. Contractor shall post on the Zone Property 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.
9. Contractor shall contractually require each person with whom it contracts to
provide services on the Project, to:
a. 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;
b. provide to 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
c. provide 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;
d. obtain from each other person with whom it contracts, and provide to
(1) a certificate of coverage, prior to the other person beginning work on
the Project; and
(2) 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;
e. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
f. notify the BDA 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
g. contractually require each person with whom it contracts with, to perform as
required by subparagraphs a-g, the certificates of coverage to be provided to
the person for whom they are providing services.
10. By signing this Agreement or providing or causing to be provided a certificate of
coverage, Contractor is representing to the BDA that all employees of 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 Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
11. Contractor's failure to comply with any of these provisions is a breach of contract
by Contractor which entitles the BDA to declare the Agreement void if Contractor does
not remedy the breach within ten (10) days after receipt of notice of breach from the BDA
without necessity of the ninety (90) day cure period as set forth in Article X.
CONTRACTOR shall furnish, in a form acceptable to the BDA, a Performance and
Payment Bond for the Project. Specifically, CONTRACTOR shall furnish performance
and payment Bonds, each in an amount at least equal to the Contract Price excluding any
amounts associated with any contractor-provided Design Professional Services, as security
for the faithful performance and payment of all CONTRACTOR’S obligations to furnish,
provide and pay for Construction and related materials under the Contract Documents.
These Bonds shall remain in effect at least until one year after the date when final
payment becomes due, except as provided otherwise by Laws or Regulations or by the
Contract Documents. All Bonds shall be in the form prescribed by the Contract
Documents except as provided otherwise by Laws or Regulations, and shall be executed
by such sureties as are named in the current list of "Companies Holding Certificates as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as
published in U.S. Treasury Circular 570 (as periodically amended) by the Audit Staff,
Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of such agent's authority to
PAYMENT BOND (IF BID IS OVER $25,000):
The contractor will provide a payment bond within 5 days of BDA contract award. The
payment bond will be equivalent to 100% of the contract price. A payment bond is
executed in connection with the contract to assure payment by contractor as required by
statute of all persons supplying labor, equipment and material in the execution of the work
provided for in the contract. Pursuant to state law, no payment bond will be required if
the contract value is less than $25,000.
PERFORMANCE BOND (IF BID IS OVER $99,999):
The contractor will provide a performance bond within 5 days of BDA contract award.
The performance bond will be equivalent to 100% of the contract price. A performance
bond is executed in connection with the contract to ensure fulfillment of all the
contractor’s obligations under such contract. Pursuant to state law, no performance bond
will be required if the contract value is less than $100,000. Alternative BDA performance
security for contracts valued at less than $100,000 includes retainage and partial payment
upon phased completion formats.
CERTIFIED SURETIES (IF BID IS OVER $99,999):
If federal funding is involved, all bonds will be obtained from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR part 223, Surety
Companies Doing Business with the United States.: If only local or state funding is
involved, the sureties must be authorized and admitted to write surety bonds in Texas. If
the amount of the bond on a state or locally funded project exceeds $100,000, pursuant to
the Texas Insurance Code Article 7.19-1©, the surety must also: (1) hold a certificate of
authority from the United States secretary of the treasury to qualify as a surety on
obligations permitted or required under federal law; or (2) have obtained reinsurance for
any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a
reinsurer in this state and is the holder of a certificate of authority from the United States
secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or
required under federal law. If the surety on any Bond furnished by CONTRACTOR is
declared a bankrupt or becomes insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to meet the requirements of this
section, CONTRACTOR shall within thirty days thereafter substitute another Bond and
surety meeting the requirements set forth in this Article.
All Bonds and insurance required by the Contract Documents to be purchased and
maintained by CONTRACTOR shall be obtained from surety or insurance companies that
are duly licensed or authorized in the State of Texas to issue Bonds or insurance policies
for the limits and coverages so required. All surety and insurance companies shall carry a
minimum A.M. Best's rating of A VII.
CONTRACTOR shall deliver to BDA, with copies to each named additional insured
indicated, certificates of insurance (and other evidence of insurance requested by BDA or
any other named additional insured) which CONTRACTOR is required to purchase and
maintain in accordance with this Article.
Contractor acknowledges receipt of the insurance and bonds requirements, and
understands it will be incorporated into any contract awarded.
- The CONSULTANT, whose work product and services are the subject of this
Agreement for professional services, agrees to INDEMNIFY AND HOLD
BDA, ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES
HARMLESS against any and all claims by third parties, lawsuits, judgments,
cost, liens, losses, expenses, fees (including reasonable attorney's fees and
costs of defense), proceedings, actions, demands, causes of action, liability
and suits of any kind and nature, including but not limited to, personal injury
(including death), property damage, or other harm for which recovery
of damages is sought that may ARISE OUT OF OR BE OCCASIONED OR
CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF
CONSULTANT, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE,
EMPLOYEE, CONSULTANT OR SUBCONSULTANT OF CONSULTANT,
AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES,
DIRECTORS AND REPRESENTATIVES while in the exercise of
pe r fo rmanc e o f the s e rv ic e s , r ight s or dut ie s unde r thi s
AGREEMENT. The INDEMNITY provided for in this paragraph shall not
apply to any liability resulting from the NEGLIGENCE of BDA, its officers or
employees, in instances where such NEGLIGENCE causes personal injury,
death, or property damage. IN THE EVENT CONSULTANT AND
BDA ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT
JURISDICTION, LIABILITY SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY
GOVERNMENTAL IMMUNITY AVAILABLE TO BDA UNDER TEXAS
LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES
UNDER TEXAS LAW.
The CONSULTANT shall advise the BDA in writing within 24 hours of any claim or
demand against the BDA or the CONSULTANT, known to the Consultant, related to or
arising out of the CONSULTANT's activities under this Agreement.
The provisions of this section 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
Acceptance of the final plans by the BDA shall not constitute nor be deemed a release of
the responsibility and liability of the CONSULTANT, its employees, associates, agents or
subcontractors for the accuracy and competency of their designs, work drawings, Plans
and Specifications or other documents and Work; nor shall such acceptance be deemed an
assumption of responsibility or liability by the BDA for any defect in the designs, work
drawings, Plans and Specifications or other documents and Work prepared by said
CONSULTANT, its employees, subconsultants, and agents.
The provisions of this INDEMNIFICATION 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.
Contractor acknowledges receipt of the indemnification document, and understands it will be
incorporated into any contract awarded.