Bragg_2826_RCWTreeSurvey_RFP_comb.pdf

Auburn University Request for Proposal

Survey for Red-cockaded woodpecker cavity start trees, Fort Bragg, NC

TABLE OF CONTENTS

Page Section I: Request for Proposal 2

Statement of Purpose 2 Scope of Work 2

1. General 2

1.1. Description of Services/Introduction 2

1.2. Background 2

1.3. Objectives 2

1.4. Scope 2

1.5. Period of Performance 2

1.6. General Information 2

2. Definitions and Acronyms 3

2.1. Definitions 3

2.2. Acronyms 5

3. Government Furnished Items and Services 5

3.1. Materials 5

4. Service Provider Furnished Items and Responsibilities 5

4.1. General 5

5. Specific Tasks 6

5.1. Basic Services 6

5.2. Task 1 6

5.3. Task 2 6

5.4. Task 3 6

6. Applicable Publications 6 Section II: Instructions to Proposers 7 Section III: Form of Proposal 8 Section IV: Evaluation Criteria 9 ATTACHMENT A –Pricing Sheet 11

ATTACHMENT B – INSURRANCE ADDENDUM 12

Section I. Request for Proposal

Statement of Purpose

Auburn University (AU) is seeking to contract with a service provider capable of providing a red-cockaded woodpecker cavity start tree survey in support to the Directorate of Public Works, Environmental Division, Fort Bragg, North Carolina.

Scope of work

1. GENERAL: This is a non-personnel services agreement to provide Red-cockaded Woodpecker (RCW) Cavity Tree Survey Support Services. The Government will not exercise any supervision or control over the service providers performing the services herein. Such service providers shall be accountable solely to Auburn who, in turn, is responsible to the Government.

1.1. DESCRIPTION OF SERVICES/INTRODUCTION: The service provider shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Red-cockaded Woodpecker (RCW) Cavity Tree Survey Support Services as defined in this Scope of Work (SOW) except for those items specified as Government furnished property and services.

The service provider shall perform in accordance with the terms and conditions of the agreement and the standards in this SOW.

1.2. BACKGROUND: Fort Bragg is required to survey for RCW cavity/start and old-growth pine trees to satisfy the requirements of Department of Army (DA) RCW Management Guidelines, Fort Bragg Integrated Natural Resources Management Plan (INRMP) - Endangered Species Management Component, and the RCW Recovery Plan.

1.3. OBJECTIVES: The service provider shall conduct comprehensive surveys for new RCW cavity/start trees and old-growth pine trees on Army lands that support RCWs. All pine trees inhabited by the federally endangered RCW must be located and protected from activities that may lead to harm or harassment.

1.3.1. Old-growth pine trees are the preferred nesting/roosting substrate for RCWs. Old-growth pine trees, located on Fort Bragg, exist as scattered individual trees on uplands and individual or small groups of pines located in low lying areas or drains. Old-growth pines usually, but not always, have a large diameter, may have been boxed for resin production, may have one (1) or more red-heart fungus conchs on the bole, and virtually all have very large, often deformed, branches. These pines usually, but not always, have a flat-topped appearance and are at least 150-175 years old.

1.4. SCOPE: The service provider shall conduct surveys for new RCW cavity/start trees and Old-Growth Pines across approximately 22,000 acres encompassing portions of the forested training areas on Fort Bragg, NC. The Government reserves the right to request additional acreage, NTE 3,000 acres, to be surveyed ahead of all timber management activities (see 5.2.4.). The total acreage for this agreement will not exceed 25,000 acres.

1.5. PERIOD OF PERFORMANCE: 1 July 2026 to 30 June 2027

1.6. GENERAL INFORMATION

1.6.1. Recognized Holidays: The Government recognizes the following list of holidays.

New Year’s Day Labor Day Martin Luterh King Jr’s Birthday Columbus Day

President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Holiday Christmas Day Independence Day

1.6.1.1. When an unforeseen installation closure occurs on a regularly scheduled day of work, the service provider shall reschedule the work on any day that is mutually satisfactory.

1.6.2. Hours of Operation: The service provider shall be responsible for providing service between the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.3. Place of Performance: The work to be performed under this agreement will be performed within the forested properties of Fort Bragg and Camp Mackall, North Carolina.

1.6.4. Security Requirements: Fort Bragg is a closed installation with access restrictions. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Service provider vehicles, service provider personnel, and their personal property shall be subject to searches upon entering or leaving the Installation.

1.6.4.1. Automated Installation Entry (AIE): Service provider personnel shall gain access to Fort Bragg through the Posts Automated Installation Entry (AIE) Badge system. To register and receive an AIE access control badge, Auburn must complete and submit the Directorate of Emergency Services (DES) Form 118 to the IGSA Technical Representative (TR). Once submitted a NCIC (National Crime Information Center) Level III background check will be completed on each employee requesting access. No employees with prior felonies or three misdemeanors, excluding routine traffic violations, within the past five years will be granted access to Fort Bragg. All service personnel shall be U.S. citizens and legal to work in the United States.

Sponsorship is required for all non-Department of War affiliated persons. The applications (DES Form 118) will be turned into the All-American Visitor Control Center for processing and approval.

1.6.5. Special Qualifications: Qualifications for personnel conducting the survey and their supervisors are as follows: Education must include a Bachelor of Science degree in wildlife management from an accredited college and be a qualified RCW biologist. Experience must show proficiency in performing RCW nest checks, banding avian nestlings, RCW adult capture and banding, RCW fledgling follows, habitat assessment, and habitat restoration. Surveyors must be able to identify native pine trees by species, identify flattop pines, and cat face, box cut or other scars. Experience must include a minimum of six (6) months surveying for and finding RCW cavity and start trees. Service providers must have experience within the Sandhill’s region and the Longleaf pine/wiregrass ecosystem of North Carolina.

1.6.6. Data Rights: The Government has unlimited rights to all documents/material produced under this agreement. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the service provider without written permission from the Government. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose.

This right does not abrogate any other Government rights.

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the SOW.

2.1.2. DELIVERABLE. Anything that can be physically delivered, but may include non-physical things, such as meeting minutes or reports.

2.1.3. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP).

Property in the possession of or directly acquired by the Government and subsequently made available to Auburn.

2.1.4. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.5. PROPERTY MANAGEMENT SYSTEM. System established by Auburn that is used to manage GFP/GFE in its possession to control, use, preserve, protect, repair, and maintain.

2.1.6. QUALITY ASSURANCE. A planned and systematic pattern of all actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved. For the purposes of this document, quality assurance refers to actions by the Government.

2.1.7. WORKDAY. The length of time during the day on which the service provider provides services, in accordance with the contract.

2.1.8. WORK WEEK. Monday through Friday, unless otherwise specified.

2.1.9. CAVITY START TREE. A tree containing one or more active or inactive RCW cavities or cavity starts.

2.1.10. CLUSTER. The aggregate area encompassing cavity trees (plus a 200ft buffer zone) occupied or formerly occupied by an RCW group.

2.1.11. BUFFER TREE. A tree with a sign posted on it that says you are 200 feet from a cavity tree which represents the boundary of the cluster.

2.1.12. ENDANGERED SPECIES. The following endangered species are found on Fort Bragg and Camp Mackall: Red-cockaded woodpecker (Picoides borealis), Michaux's sumac (Rhus michauxii), Rough-leaved loosestrife (Lysimachia asperulifolia), and American chaffseed (Schwalbea Americana).

2.1.13. SITES. Synonymous with endangered species sites and refers to a static location on the ground such as a RCW cavity tree, cluster of cavity trees, a population of endangered plants, etc.

2.2. ACRONYMS:

AIE Automated Installation Entry AR Army Regulation CT Compensation Time DA Department of the Army DES Directorate of Emergency Services DoW Department of War ESB Endangered Species Branch HIPAA Health Insurance Portability and Accountability Act of 1996 IGSA Intergovernmental Support Agreement INRMP Integrated Natural Resources Management Plan NCIC National Crime Information Center ODC Other Direct Costs OT Overtime POC Point of Contact POV Privately Owned Vehicles PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QC Quality Control QCP Quality Control Plan RCW Red Cockaded Woodpecker TE Technical Exhibit TR Technical Representative TSI Timber Stand Improvements UTM Universal Transverse Mercator

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1. MATERIALS: The Government will provide 500 numbered metal old-growth tree tags to be returned to the ESB at the conclusion of the task order, road map of Fort Bragg and Camp Mackall and paper maps of survey areas.

4. SERVICE PROVIDER-FURNISHED ITEMS AND RESPONSIBILITES

4.1. GENERAL: The service provider shall furnish all supplies, equipment, facilities and services, equipment repairs required to perform work under this contract that are not listed under Section 3 of this SOW.

5. SPECIFIC TASKS

5.1. BASIC SERVICES: The service provider shall survey for new Red-cockaded woodpecker (RCW) cavity trees, new RCW start trees and not previously identified old-growth pine trees in areas encompassing portions of Fort Bragg, designated annually.

5.2. TASK 1: The service provider shall conduct surveys for new RCW cavity/start trees and Old-Growth Pines across approximately 22, 000 acres (specific areas will be provided by the Endangered Species POC).

The Government reserves the right to request additional acreage, NTE 3,000 acres, to be surveyed ahead of all timber management activities (see 5.2.4.). The total acreage for this agreement will NOT exceed 25,000 acres.

5.2.1. The procedure is to survey transects. The survey transects shall be spaced no wider than 200 feet apart.

Terrain and density of vegetation will vary among areas. Transect widths may be shortened where necessitated by poor visibility due to terrain or density of vegetation. Transects shall be covered by foot only, no vehicular surveys.

5.3. TASK 2A: The service provider shall provide a map, grid coordinates, and stage for all new RCW cavity/ start trees found monthly to Auburn and the TR. All cavity/start trees identified and located shall be marked with pink flagging tied around the tree. The location of all trees identified shall be recorded in Universal Transverse Mercator (UTM) grid coordinates. Datum is WGS 1984 UTM; Zone 17N. Accuracy of tree locations shall be no more than plus or minus three (3) meters. Manufacturer documentation of equipment accuracy used to locate trees shall be provided upon request. Data recorded shall be cavity or start, stage of cavity, or start, and UTM coordinates.

5.3.1. TASK 2B: The service provider shall provide a map, grid coordinates, tag number, tree species, and bole damage (i.e. cat face, box, or other scar) for all old-growth trees found monthly to Auburn and the TR.

All old-growth pine trees found shall be marked, by the service provider, with an aluminum tag & pink flagging tied around the tree. The service provider shall be required to record the coordinates in Universal Transverse Mercator (UTM) grid coordinates. Datum is WGS 1984 UTM; Zone 17N. Accuracy of tree locations shall be no more than plus or minus three (3) meters. Manufacturer documentation of equipment accuracy used to locate trees shall be provided upon request. An aluminum metal tree tag shall be attached to each old-growth pine tree recorded by one (1) aluminum nail between three and five inches in length.

Approximately one inch of nail shall be left exposed from tree. Tags will be supplied by the Government and have been identified in SOW Section 3.1.

5.4. TASK 3: During the length of the agreement, the Government reserves the right to request additional acreage to be surveyed ahead of all Timber Stand Improvements (TSI), Conversions Areas, Project Operations and/or Insect Infestation areas. The additional acreage will NOT exceed 3,000 acres for the agreement performance period.

5.4.1. The Government will provide written notification (by electronic mail) to the service provider as to the specific need for additional acreage surveys. Surveying within the additional acreage should begin no more than ten (10) days following the written notification. Written verification of oral requests for surveying of timber operations shall be confirmed via electronic mail by the TR. Once assigned, these areas will be a priority for completion within an appropriate timeframe.

6. APPLICABLE PUBLICATIONS

6.1. Auburn must abide by all applicable regulations, publications, manuals, and local policies and procedures.

The following shall be referenced and utilized during the performance of this task order:

• AR200-1

• Fort Bragg Regulation 350-6, Range Operations

• Endangered Species Act

• RCW Recovery Plan

• DA RCW Recovery Guidelines

• Integrated Natural Resources Management Plan – Endangered Species Management Component

Section II. Instructions to Proposers

Proposal Response

• Proposals should be submitted to the Procurement & Business Services Sourcing Event Portal on or before the time and date set for closing.

• Pursuant to the provisions of the State of Alabama Competitive Bid Law rules and regulations adopted there under, sealed bids will be received on the items noted herein by Procurement and Business Services of Auburn University, until the date and time stated.

• All bids are to be “F.O.B. Destination – Freight Prepaid and Allowed.”

• Alabama law (Section 41-4-116, code of Alabama 1975) provides that every bid submitted and contract executed shall contain a certification that the vendor, contractor, and all of its affiliates that make sales for delivery into Alabama or leases for use in Alabama are registered, collecting, and remitting Alabama state and local sales, use, and/or lease tax on all taxable sales and leases into Alabama. BY SUBMITTING THIS

BID, THE BIDDER IS HEREBY CERTIFYING THAT THEY ARE IN FULL

COMPLIANCE WITH ACT NO. 2006-557, they are not barred from bidding or entering into a contract pursuant to 41-4-116, and acknowledges that the awarding authority may declare the contract void if the certification is false. Bidder certifies that neither it, nor any of its employees who will provide or perform services under this contract have been debarred, suspended or declared ineligible as defined in the Federal Acquisition Regulation (FAR 48 C.F.R. Ch. 1 Subpart 9.4). Bidder will immediately notify the University if the Bidder or any of its employees who will provide or perform services under this contract is placed on the Consolidated List of Debarred, Suspended, and Ineligible Bidders.

• AU reserves the right to award in whole or in part, by line item, or make multiple awards, where such action serves Auburn University’s best interest.

• Proposers may withdraw proposals at any time prior to the time and date set for opening.

• The University reserves the sole and exclusive right to reject or accept any or all proposals and to waive any informality in proposal. The best interest of the University and their subsequent facilities shall be considered as the number one determining factor in selecting or not selecting a Proposer.

• No department, school, or office at the University has the authority to solicit official proposals other than Procurement and Business Services. All solicitation is performed under the direct supervision of the Director of Procurement and Business Services and incomplete accordance with the University policies and procedures.

• The University reserves the right to conduct discussions with proposers, and to accept revisions of proposals, and to negotiate price changes. The University will make reasonable efforts to protect proprietary information but all records are subject to State of Alabama open records laws.

• Proposers submitting proposals which meet the selection criteria and which are deemed to be the most advantageous to the University may be requested to give an oral presentation to a selection committee. Procurement and Business Services will schedule the presentations.

• The University is committed to the development of Small Business and Small Disadvantaged business (SB & SDB) suppliers. If subcontracting is necessary, the contractor will make every effort to use SB & SDB in the performance of this contract.

Reporting will be required throughout the duration of the contract indicating the extent of SB & SDB participation.

• The Suppliers shall indemnify, defend, and hold harmless the University, its officers, agents, and employees from any claims, damages, and actions of any kind or nature arising from or caused by the use of any materials, goods, equipment, or services furnished by the Supplier, provided that such liability does not attribute to the sole negligence of the University.

• The successful supplier will have to attest to the following: By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama, Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

• Read and comply with all instructions, specifications, General Terms and Conditions, and Bid Conditions.

Section III. Form of Proposal

Proposal Format

• Proposal should be submitted in MS Word® and/or Adobe PDF® formatting only.

o If there is any information or required submittals, which due to size limitations cannot be incorporated following the preferred formatting, please note for the evaluator where the information can be found in response.

Paginated Format

• Cover Letter o The proposer shall provide a cover letter describing a brief history of the

Proposer and its organization. The letter will list the Principal or Officer of the organization who will be the University’s primary point of contact for clarifications or during negotiations.

• RFP Response o Describe, in detail, how the proposer plans to successfully complete the tasks listed in section 5 and address the University’s requirements.

o List and provide an explanation for any conditions of the Scope of Work which the proposer is unable or unwilling to complete.

o Highlight the company’s expertise o Names and qualifications of key personnel.

• Pricing o Official Bid Price Sheets (See Attachment A)

• Experience o A listing of other projects/customers similar in size and scope to the services described in the RFP. This list must include the name of the customer and the name, telephone number, and email address of an appropriate contact for each customer.

Successful completion of projects of similar size and scope supporting

Department of Army installations will be considered most applicable experience.

Successful completion of projects of similar size and scope supporting Department of Defense other than Department of Army installations will be considered second most applicable experience.

Successful completion of projects of similar size and scope supporting federal government departments outside the Department of Defense will be considered third most applicable experience.

Successful completion of projects of similar size and scope supporting state and local governments will be considered fourth most applicable experience.

Successful completion of projects of similar size and scope supporting private entities will be considered fifth most applicable experience.

Section IV. Evaluation Criteria

• In awarding the contract, the University may take into consideration the skill, facilities, capacity, experience, ability, responsibility, previous work, reputation, financial standing of the bidder or respondents, and the amount of other work being carried on by the bidder. The inability of any bidder to meet the requirements mentioned above may be cause for rejection of proposal.

• Selection shall be made in the best interest of the University. An Agreement will be awarded to the successful respondent who, in the opinion of the University, has best demonstrated competence and qualification for the type of services required at fair and reasonable prices/compensation and whose proposal is deemed to be in the best interest of the University.

• Where contract negotiations with a respondent do not proceed to an executed contract within a time deemed reasonable by the University (for whatever reasons), the University may reconsider the proposals of other respondents and, if appropriate, enter into contract negotiations with one or more of the other respondents. Proposals shall remain valid and current for the period of 90 days after the closing date and time for submission of proposals.

• The respondent and University agree that time is of the essence in all respects concerning the award of contract and performance hereunder.

• Individuals from the Auburn University College of Forestry, Wildlife and Environment will form the evaluation committee for this RFP. The University shall determine the award after evaluating each response on the following points.

1. Pricing – 50%

• Supplier having the lowest overall cost in dollars.

• Attachments A-F must be completed and submitted with proposal to be considered eligible.

2. History and Past Performance of the Company – 50%

• Relevant experience

• Demonstration of the selected supplier’s prior successful experience with the specified activities

• References

• Names and Qualifications of key personnel

Attachment A – Pricing Sheet

Proposer pricing is requested for the items below. The services to be provided for each item are defined in the Scope of Work of this RFP. PLEASE INCLUDE A NARRATIVE

EXPLANATION OF THE COSTS AND HOW THEY WERE CALCULATED

ACCOMPANYING THIS SHEET.

Task Category Cost ($) Tasks 1-3 to survey for RCW cavity trees and old-growth pine trees.

Labor Equipment Materials/Supplies Travel

Subcontractor Total

ATTACHMENT B – Auburn University Insurance Addendum

Within forty-eight (48) hours after bid or PO is submitted to the supplier, the apparent low bidder must submit an approved Insurance Certificate to the Owner. The Contractor shall procure at its own expense and maintain without interruption during the entire term of this contract, insurance of the kinds and limits listed hereunder. Insurance Services Office, Inc. (ISO), or industry equivalent, Certificates of Insurance, and Additional Insured Endorsements issued by the contractor’s insurance carrier shall be furnished to Auburn University before beginning work and shall include the following additional insured endorsement:

"Auburn University, its Board of Trustees (individually and collectively), Administrators, Faculty, Designer of Record, Alabama Department of Finance, Division of Construction Management (DCM), Staff, Employees, and Agents are named as additional insureds in respect to General, Umbrella, and Automobile Liability.

All contractors and subcontractors must include United States Army as an additional insured party.

Coverage afford the Additional Insureds is Primary and Non-Contributory except for Employer's Liability and contain no exclusions of the additional Insureds relative to job accidents. Policies are endorsed to include a Waiver of Subrogation in favor of Auburn University. Thirty (30) days notice of cancellation applies (ten (10) days notice for non-payment of premium) in favor of Additional Insured."

The insurance coverages required under this contract are minimum insurance limits required and are not intended to limit the responsibility or liability of the Contractor. If any subcontractors are used to fulfill this contract, they, or the General Contractor on their behalf, shall carry the same coverages and limits of insurance outlined herein. It shall be the Contractor’s responsibility to ensure compliance of this requirement.

a. Workers’ Compensation and Employer’s Liability Insurance:

i. Workers’ Compensation insurance shall be written in accordance with statutory coverage required by the State of Alabama. A self-insurer must provide a certificate issued by the Alabama Department of Industrial Relations stating the contractor is qualified to pay its worker’s compensation claims.

ii. Employer’s Liability Insurance shall be written with minimum limits of:

1. Bodily Injury by Accident $1,000,000 each accident

2. Bodily Injury by Disease $1,000,000 each employee

b. Commercial General Liability Insurance:

i. $1,000,000 each accident

ii. $1,000,000 each employee

iii. Commercial General Liability Insurance shall be written on an occurrence form and shall provide at minimum the following limits:

1. Each Occurrence $1,000,000

2. General Aggregate $2,000,000

3. Products-Completed Operations Aggregate $2,000,000

4. Contractual Liability $1,000,000

5. Personal & Advertising Liability $1,000,000

6. Damage to Rented Premises $100,000

iv. Policy must cover all activities to be performed by the Contractor, including explosion, collapse, excavation, and underground work.

v. Policy shall be endorsed to be Primary and Non-Contributory to any insurance held by Auburn University.

c. Commercial Automobile Liability Insurance:

i. Commercial Automobile Liability Insurance shall be written to include coverage for bodily injury and property damage arising from ownership, maintenance or use of all owned, non-owned, leased, hired automobiles.

ii. Automobile Liability Insurance shall be written with minimum limits of:

1. Combined Single Limit $1,000,000

d. Commercial Umbrella/Excess Liability Insurance:

i. The Commercial General Liability and Commercial Automobile Liability limits specify above may be satisfied though a combination or primary and umbrella/excess liability policies written on a follow form.

e. Environmental Liability Insurance:

i. Environmental Liability Insurance will be provided IF the contractor will be handling hazardous or toxic products. Contractors’ needing this coverage including, but is not limited to, transportation or disposal of explosives, nuclear materials, polychlorinated biphenyl (PCB) materials, pesticides, fungicides, and oil; installation or removal of underground and above-ground storage tanks; asbestos abatement; and lead abatement.

ii. Environmental Liability Insurance shall provide Contractors Environmental Impairment Liability/Pollution Legal Liability shall be written with minimum limits of:

1. Each Claim $1,000,000

2. Annual Aggregate $2,000,000

iii. Claims made policies must include a three-year reporting period or coverage must be provided for up to two (2) years after the completion of a project.

f. Professional Liability Insurance:

i. Professional Liability/Errors and Omissions Liability will be required if the contractor is acting as a licensed professional while performing a service for Auburn University. Licensed professionals include but are not limited to Architects and Engineers.

ii. Professional Liability/Errors and Omissions Liability Insurance shall be written with minimum limits of:

1. Each Claim $1,000,000

2. Annual Aggregate $3,000,000

iii. Claims made policies must include a three-year reporting period or coverage must be provided for up to two (2) years after the completion of project.

g. Policy Providers:

i. All insurance coverage shall be issued by an insurer licensed as an admitted insurer or authorized by the Alabama Insurance Commissioner of Insurance as a surplus line’s insurer. The Insurance Company must have a minimum of current A.M. Best’s rating of A-, Class V.

h. Notification Endorsement:

i. Each policy shall be endorsed to provide that the insurance company agrees that the policy shall not be canceled, materially changed, allowed to lapse, or allowed to expire until Auburn University has received thirty (30) days of written notice. Renewal certificated shall be sent to Auburn University within five (5) days following the renewal or any expiration date of coverage.

i. Deductibles:

i. A contractor may elect to secure an insurance program with a deductible or self-insured retention (SIR) of up to $25,000 without prior approval from the University. Any deductible or SIR larger than $25,000 must be approved by the University. Contractor may be required to furnish audited financial statements to determine the contractor’s financial ability to absorb the obligation of a deductible or SIR without material impact on the solvency of the contractor.

j. Waiver of Subrogation:

i. Auburn University requires that all policies of insurance for liability related to this agreement be on a primary and noncontributory basis as respects any other insurance and/or self-insurance carried by the University. In all instances, any commercial insurance and/or self-insurance maintained by Auburn University shall be excess. Unless precluded by law, a waiver of subrogation in favor of Auburn University shall be included on all insurance policies maintained by Contractor.

k. Impairment of Liability:

i. In the events the insurance program required by Auburn University were to have any pending claim(s), which may limit or exhaust any aggregate limits by more than 20%, Auburn University shall be notified within thirty (30) days. Auburn University may require additional insurance or reinstatement of the limits of liability as necessary to protect the financial interest of the University.

l. Duty to Provide Copies of Insurance Policies:

i. Auburn University shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification or particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties or to underwrite such policies.

m. Notice of Incident:

i. Contractor shall inform Auburn University Risk Management and Safety of all incidents and/or accidents that occur on Auburn University premises or that might otherwise give rise to a claim against Auburn University and shall be responsible for providing appropriate written notification. Such notification shall be provided as soon as reasonably possible but will not exceed twenty-four (24) hours after Contractor is aware of the incident/accident.

n. Indemnity Provisions:

i. To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless Auburn University, its Board of Trustees, Faculty, Staff, and Agents from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of, related to, or resulting from performance of services under this contract, regardless of whether such claim, damage, loss or expense is caused in part, or is alleged but not legally established to have been caused in whole or in part by the negligence or other fault of a party indemnified hereunder.

The supplier agrees to the insurance requirements and will submit with the required backup to the department within 48 hours of the Purchase Order being issued. The department will keep these on file and upload the required backup in the PO comments for backup.

Supplier Name

Supplier Contact

Signature

Date

Insurance Addendum_2_9_26_Env.Liability_NOTrequired