ESBD_362635_1718308463851_ESS-24-195 Restoration Services.pdf

THE TEXAS A&M UNIVERSITY SYSTEM

Office of Procurement and HUB Program

REQUEST FOR PROPOSAL

RFP Number: RFP01-ESS-24-195

Restoration Services

PROPOSAL MUST BE RECEIVED BEFORE:

2:00 P.M. Central Time (CDT) on July 16, 2024

EMAIL RFP RESPONSES TO:

SOPROCUREMENT@TAMUS.EDU

SUBJECT LINE: ESS-24-195 – Restoration Services

NOTE: Proposal response must be received by The Texas A&M University System Office of Procurement and HUB Program before the date and time specified for receipt of proposal as stated within Section 2.3 of this RFP. After the due date and time, only the names of respondents will be made public.

REFER INQUIRIES TO:

Jeff Zimmermann, Executive Director Procurement and Business Services | HUB Program

The Texas A&M University System soprocurement@tamus.edu

All proposals shall become the property of The Texas A&M University System and the State of Texas upon receipt. Proposals may be subject to public review after contracts have been executed. Refer to Section 5G for more information regarding public information.

mailto:SOPROCUREMENT@TAMUS.EDU mailto:Soprocurement@tamus.edu

The Texas A&M University System RFP01 ESS-24-195 Page 2 of 33

TABLE OF CONTENTS

SECTION 1. INTRODUCTION __________________________________________________________ 3

1.1 Scope

1.2 About The A&M System

1.3 Priorities/Expectations

1.4 Calendar of Events

1.5 Performance Period

SECTION 2. INSTRUCTIONS FOR RESPONDENTS ___________________________________________ 5

2.1 General Information

2.2 Examination of the Request for Proposal

2.3 Submittal Instructions

2.4 Proposal Components

2.5 Inquiries and Interpretations

2.6 Selection Process

SECTION 3. SCOPE OF WORK _________________________________________________________ 9

3.1 Scope and Goal

3.2 Services Required

3.3 Project Assignments

SECTION 4. PROPOSAL RESPONSE ____________________________________________________ 11

4.1 Company Profile

4.2 Technical Proposal

4.3 Past Performance…………………………………………………………………………………………

4.4 Environment, Health & Safety Qualifications

4.5 Pricing

4.6 HUB Subcontracting Plan

SECTION 5. GENERAL TERMS AND CONDITIONS _________________________________________ 16

Exhibit A – Execution of Offer

Exhibit B – Non-Collusion Affidavit

Exhibit C – Insurance Requirements

Exhibit D – Location Matrix

Exhibit E – Service Agreement - Draft

The Texas A&M University System RFP01 ESS-24-195 Page 3 of 33

SECTION 1 – INTRODUCTION

1.1 Scope

The Texas A&M University System (“A&M System”) is seeking proposals in response to this Request for Proposal (“RFP”) from qualified companies (“Respondent”) to provide disaster and/or emergency restoration services (“Services”)to the A&M System and all its member universities and agencies (“Members” or “System Members”) as further described in Section 3.

A&M System is dedicated to the ongoing program to improve and expand restoration support services to all physical facilities in support of the teaching, research and service missions of each university and agency (collectively referred to as “Members”) of the A&M System.

It is the intent of the A&M System to establish a master services agreement (“Agreement”) with one or more companies to meet the needs of all Members. If a pool of two or more companies are established as a result of this RFP, inclusion in the pool does not guarantee engagement in the future. The resultant Agreement will be between the selected company or companies and the A&M System for all Members to utilize at their discretion.

By submitting responses, each Respondent certifies that it understands this RFP and has full knowledge of the scope and nature of the opportunity described herein. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFP will be the sole responsibility of the Respondent.

Respondent is to independently investigate and verify, at its own discretion, all information acquired from the A&M System or from any other source which is relied on by Respondent in the preparation of its proposal.

Proposals shall be in accordance with the terms, conditions, and requirements set forth in this

RFP.

1.2 About The A&M System

The A&M System is one of the largest systems of higher education in the nation, with a budget of $7.8 billion. Through a statewide network of 11 universities, a comprehensive health science center, eight state agencies, and the RELLIS Campus, the Texas A&M System educates more than 153,000 students and makes more than 23 million additional educational contacts through service and outreach programs each year. System-wide, research and development expenditures exceed $1 billion and help drive the state’s economy. More information about the A&M System and all of its Members can be found at the A&M System About page.

1.3 Priorities/Expectations

Respondents should note the following priorities and expectations with regard to the possibility of the A&M System establishing a contractual relationship with any Respondent:

(a) Ensuring a Quality Level of Service. This priority encompasses the quality of the level of service that can be provided to all Members in a timely, cost-effective manner. The A&M System is seeking a Respondent that will ensure the provision of such quality in its delivery of service through proven techniques and established metrics.

(b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure successful completion of services determined by the A&M System.

(c) Delivery Efficiency as it Relates to Total Costs. Respondent must demonstrate its ability to http://www.tamus.edu/about/

The Texas A&M University System RFP01 ESS-24-195 Page 4 of 33 deliver the required services in a cost-effective and timely manner while not sacrificing the quality required by the A&M System.

1.4 Calendar Of Events

Release of RFP .............................................................................................................. June 13, 2024 Deadline to Submit Questions ..................................................................................... June 26, 2024 Release of Addendum (if applicable) .............................................................................. July 2, 2024 Deadline for Receiving Proposals ................................................ July 16, 2024, by 2:00 PM CDT Anticipated Award Date ............................................................................................. August 1, 2024 Agreement Effective Date ................................................................................... September 1, 2024

The A&M System will make every effort to adhere to the above schedule. The schedule, however, is subject to change. This may be in the event that further clarification of responses or terms of contract are in the best interest of the A&M System and/or in the event the A&M System requires more time to assure that the selection of the Respondent is in accordance with its policies, rules and regulations, as well as actual timing needs.

1.5 Performance Period

Should the A&M System, in its sole discretion, enter into an Agreement with a successful Respondent(s) as a result of this RFP, the resultant Agreements shall be effective September 1, 2024 for a period of three (3) years. The resultant Agreement may be extended for up to one additional two (2) year term, provided the parties mutually agree in writing on the extension. Any extension shall be at the same terms and conditions plus any approved changes to be determined by A&M System and negotiated in writing with the successful Respondent.

Any engagement of services as a result of an Agreement will be documented individually by execution of a statement of work (“SOW”) and issuance of a purchase order by the A&M System or applicable Member.

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SECTION 2 - INSTRUCTION FOR RESPONDENTS

2.1 General Information

The A&M System is soliciting submittals from qualified firms, hereafter referred to as Respondent(s), who have significant experience in providing Restoration Services for institutions of higher education and/or state agencies. These basic services are outlined in the Scope of Work (Section 3). While it is the intent of the A&M System to establish an Agreement with one or more Respondents for the services stated within this RFP, there is no guarantee that an award will be made, or any Agreement executed. If an Agreement is established as a result of this RFP, Members will have the option to utilize the services at their discretion.

The Respondent(s) selected shall have an excellent track record for providing these services relative to the size and scope of A&M System projects and shall agree to provide these services to the A&M System with a top priority commitment. The A&M System may select as many Respondents as needed to ensure coverage throughout the State of Texas.

Submittals are to be in accordance with the outline and specifications contained herein, are to remain in effect a minimum of 120 days from the date of submission and may be subject to further extensions as negotiated. A statement to this effect should be contained in the Respondent's cover letter.

This RFP contains specific requests for information. Respondents are encouraged to examine all sections of this RFP carefully, in that the degree of interrelationship between sections is critical.

In responding to this RFP, Respondents are encouraged to provide any additional information they believe relevant.

Clause headings appearing in this RFP have been inserted for convenience and ready reference.

They do not purport to define, limit or extend the scope or intent of the respective clauses.

Whenever the terms “must", "shall", "will", "is required”, or "are required” are used in the RFP, the subject being referred to is to be a required feature of this RFP and critical to the resulting submittal.

In those cases where mandatory requirements are stated, material failure to meet those requirements could result in disqualification of the Respondent's response. Any deviation or exception from RFP specifications must be clearly identified by the Respondent in its submittal.

Expenses for developing and presenting proposals shall be the entire responsibility of the Respondent and shall not be chargeable to the A&M System.

2.2 Examination of the Request for Proposal

Before submitting, each Respondent will be held to have examined the A&M System requirements outlined in Section 3 and satisfied itself as to the existing conditions under which it will be obligated to perform in accordance with the specifications of this RFP.

No claim for additional compensation will be allowed due to unfamiliarity with the specifications and/or existing conditions. It shall be understood that the Respondent has full knowledge of all the existing and/or revised conditions and accepts them "as is."

2.3 Submittal Instructions

All proposals must be received by the A&M System, no later than 2:00:00 p.m. CDT, July 16, 2024 electronically via email to soprocurement@tamus.edu with the subject line of “RFP01 ESS-24-195

– Restoration Services”. The sent time indicated within the A&M System email server shall be used for the receipt and acceptance of the response. It is each Respondent’s responsibility to mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01 ESS-24-195 Page 6 of 33 ensure that the entire submittal response is received by the A&M System by the deadline stated above regardless of submission method. Late proposals will not be considered under any circumstances.

A file sharing tool may be used to submit the proposal response if large file sizes are an issue. If opting to use a file sharing tool it is recommended that Respondents send a test file prior to the due date.

Submittal Format: Submission shall be saved as two (2) separate files in Adobe Portable Document Format (PDF) according to the items listed below and named as such; I) “company name – Proposal” and II) “company name – Documents”.

2.4 Proposal Components

The following documents and all requirements from noted sections are to be returned as part of your proposal response. Failure to include these documents will be basis for response disqualification.

I. Proposal

Cover Letter to include a brief introduction with interest and capability of the Respondent.

Company Profile (Section 4.1)

Technical Proposal (Section 4.2)

Past Performance (Section 4.3)

Environment, Health & Safety (EHS) (Section 4.4)

Pricing (Section 4.5)

II. Documents

Signed Execution of Offer (Exhibit A)

Non-Collusion Affidavit (Exhibit B) – signed and notarized

Location Matrix (Exhibit D)

HUB Subcontracting Plan (Section 4.6)

Proposal format: The proposal response shall be presented in the order listed above with sections noted accordingly for easy reference.

NOTE: Additional information regarding the Execution of Offer and Non-Collusion Affidavit.

• Execution of Offer: The signature in the Execution of Offer within the electronic copy shall serve as the official signature of record. Signature can be done electronically with an eSignature tool.

• Non-Collusion Affidavit: The Respondent signature and notary on this document may be done electronically with an e-signature tool with that capability. An agreement may not be executed with the awarded Respondent until this document is fully signed and notarized.

2.5 Inquiries and Interpretations

All questions concerning this RFP are to be directed, in writing, to Jeff Zimmermann, Executive Director, Procurement and Business Services at soprocurement@tamus.edu. Respondent may mailto:soprocurement@tamus.edu

The Texas A&M University System RFP01 ESS-24-195 Page 7 of 33 not contact other individuals at the A&M System to discuss any aspect of this RFP, unless expressly authorized by the A&M System Procurement & HUB Program office to do so. The A&M System will publish all questions in the form of an addendum with responses at least two (2) days prior to the Deadline for Receiving Proposals as stated in the schedule in Section 1.4.

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum/amendment and posted to the Electronic State Business Daily (“ESBD”) at the following site: http://www.txsmartbuy.com/sp. (Input Agency Number “710” and select “Posted” for the Status)

All such addenda issued by the A&M System prior to the time that proposals are due shall be considered part of the RFP, and the Respondent shall consider and acknowledge receipt of such in their proposal. Only formal written addenda issued by the A&M System in response to an inquiry shall be binding. Oral and other interpretations or clarification will be without legal effect.

2.6 Selection Process

The evaluation of the proposals shall be based on the information provided that the A&M System deems to represent the best value to the A&M System. The RFP provides the information necessary to prepare and submit proposals for consideration by the A&M System. All properly submitted proposals will be reviewed, evaluated, and ranked by the A&M System. The A&M System will rank the Respondents in the order that they provide the overall “best value” to the A&M System based on an evaluation of the responses to the RFP. The A&M System may interview one or more of the top ranked Respondents as part of the evaluation process.

The A&M System will base its choice on criteria to include, but not be limited to, the following:

demonstrated competence, knowledge, and qualifications of the Respondent in respect to the services offered; impact on the ability of A&M System to comply with statutes and objectives relating to utilization of Historically Underutilized Businesses; and on the reasonableness of the proposed fee for the services; and if other considerations are equal, give preference to a Respondent whose principal place of business is in the state of Texas, will manage the contract wholly from an office in the state of Texas, or is a state of Texas certified Historically Underutilized Business.

The Respondent(s) selected will be the one(s) whose experience and qualifications, as presented in response to this RFP, establish them, in the opinion of the A&M System, as well qualified and offering the greatest benefits, experience and value to the A&M System. The A&M System may cancel this RFP or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous. Should the A&M System determine in its sole discretion that only one Respondent is fully qualified, or that one Respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and executed with that Respondent. The contract will be an agreement incorporating by reference all the requirements, terms and conditions of the solicitation and the Respondent’s proposal as negotiated.

After proposal tabulation and such investigation of Respondents as the A&M System deems appropriate, an award may be made to the vendor or vendors whose proposal it judges to represent the best value to the A&M System. Final determination for award of the contract will be made on the overall best value to the A&M System. The A&M System reserves the right to reject any or all proposals.

By submitting its proposal in response to this RFP, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” firm(s) will require subjective judgments by the A&M System.

http://www.txsmartbuy.com/sp

The Texas A&M University System RFP01 ESS-24-195 Page 8 of 33

The selection of the successful proposal(s) may be made by the A&M System on the basis of the proposals initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful proposal(s) may be made by the A&M System on the basis of negotiation with any of the Respondents. The A&M System shall not disclose any information derived from the proposals submitted by competing Respondents in conducting such discussions.

All proposals must be complete and convey all of the information requested to be considered responsive. If a proposal fails to conform to the essential requirements of this RFP, the A&M System alone will determine whether the variance is minor enough to consider the proposal acceptable, and therefore a candidate for further consideration, or significant enough to consider the proposal not acceptable and therefore not considered for award.

The A&M System may perform reference checks and seek further information, as needed from all Respondents whose proposals the System, at its discretion, considers viable, based on the initial evaluation and scoring. The Respondent’s response to this requirement officially authorizes the A&M System to contact these organizations to discuss the services and other considerations which the Respondent has provided to such organizations and authorizes the organizations to provide such information to the A&M System and Respondent shall and hereby does release and hold harmless the A&M System, the state of Texas, and the organization of any and all liability whatsoever, in connection with providing and receiving all such information. Any negative responses received from reference checks may be grounds for disqualification of the proposal.

The A&M System reserves the right to reject any or all proposals and re-solicit for new proposals, or to reject any or all proposals and temporarily or permanently abandon the project. The A&M System makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

In carrying out the responsibilities of the Master Agreement, the Respondents shall comply with the current requirements, applicable laws, regulations, and laws made known by, but not limited to, local building codes, Emergency Management Accreditation Program (“EMAP”), the Federal Emergency Management Agency (“FEMA”), the Texas Division of Emergency Management (“TDEM”), the National Incident Management System (“NIMS”) the Department of Transportation (“DOT”), the U.S. Department of Housing and Urban Development (“HUD”), U.S. Department of Health and Humans Services (“HHS”), U.S. Environmental Protection Agency (“EPA”) and any other Federal, State, or Local agency having jurisdiction as regards to such services.

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SECTION 3 – SCOPE OF WORK

3.1 Scope and Goal

The A&M System’s objective in developing this RFP is to receive proposals from firms experienced in the regulations and functions pertaining Restoration Services for the A&M System Office and all Member managed projects and restoration operations.

As a result of this RFP, the A&M System intends to select a pool of firms to enter into a multi-year agreement to undertake the stated services with A&M System on an as needed basis.

3.2 Services Required

The successful Respondent(s) will agree to provide all labor, materials, equipment, transportation, services, and incidentals necessary to successfully complete Restoration Services on A&M System and Member owned or operated property throughout the State of Texas as outlined in Exhibit D.

Respondent(s) are expected to submit proposals for all regions where able to provide the requested services.

Potential Restoration Services may include (not a complete list):

a) Emergency Remediation Services (24/7 on-call restoration services)

b) Asbestos Abatement Services

c) Water Restoration (water extraction and removal; structural drying and dehumidification;

flooding and storm damage; HVAC and MEP leaks; roof leaks; etc.)

d) Mold Damage Remediation and Restoration (detecting, removing, and preventing mold)

e) Smoke and Fire Damage Remediation & Mitigation

f) Building Contents Restoration (board-up and tarp-over services; hard and soft services restoration; content pack-out and cleaning, etc.)

g) Data Recovery Services (e.g., damaged computers, hard drives, or other electronics)

Items to Note:

• If any of the services required in this RFP and with considerations noted below cannot be accomplished by one prime firm, then the balance of work is to be subcontracted and the Respondent(s) are to follow the process in Section 3.5. For any given project one prime firm or one prime firm with subcontractors will need to provide all of the requested services.

• The scope to be performed will be set forth in each project authorization and be based on established normalized unit rates and a proposal of units from the Respondent for the particular assignment. A purchase order referencing the master services agreement will then prescribe the scope of work from the project authorization with a not-to-exceed fee for each assignment.

• It is the intent of the A&M System to contract with multiple Respondents to provide a pool of vendors who can provide these services for all A&M System institutional/agency managed projects and A&M System Offices managed projects.

• As such, these projects must be in conformance with A&M System policies and regulatory and statutory requirements for State of Texas public higher education facility projects.

The Texas A&M University System RFP01 ESS-24-195 Page 10 of 33

Demonstrated past experience with State of Texas public higher education facility projects will be given strong consideration in the evaluation process.

• Restoration Services required by A&M System Members will vary, and will be determined on a project-by-project basis.

3.3 Project Assignments

Restoration Services will be assigned when required as a project or projects from the pool of vendors established by this RFP. Note that inclusion in the pool is not a guarantee of work or project assignments. Below are some of the factors considered by the A&M System and Members regarding assignment of a project or projects.

• Location of Respondent in relation to the project

• Budget considerations

• HUB participation

• Work distribution within the pool, as practical

When called to perform under the contract, the Contractor shall ensure the project authorization’s scope of work is properly completed. In association with these services, Contractor shall prepare notification, certification or any other supporting documents that are required by applicable laws and shall also distribute and retain in its records copies of all such documents as required by applicable laws and any applicable state and/or federal funding programs.

Documents, photos, reports, and other similar documentation required by the disaster agency or contracted support will be produced and sent to the System Member at time intervals as outlined by the Member, FEMA, TDEM, or other agencies managing the disaster.

At the completion of work, Contractor shall also provide Member with a comprehensive final report with detailed information that summarizes all services provided by Contractor and in sufficient detail and with sufficient supporting documentation to satisfy FEMA and insurance company requirements in order to maximize payment of claims and reimbursement of expenses.

The Texas A&M University System RFP01 ESS-24-195 Page 11 of 33

SECTION 4 – PROPOSAL RESPONSE

The Respondent recognizes that in its selection process the A&M System will rely, in part, on the answers provided in response to this Section. Accordingly, Respondent warrants to the best of its knowledge that all responses are true, correct and complete.

4.1 Company Profile

4.1.1 Identify key personnel who will negotiate for the firm and who will be assigned to manage an agreement and describe their respective roles and locations.

4.1.2 Provide a resume for each key individual identified to demonstrate their relevant experience to fulfill requirements under an agreement. Provide copies of any key personnel licenses and certifications. Licenses and certifications of other personnel who will be directly responsible for testing on a project may be needed to be included with the proposal for a specific project.

4.1.3 Provide the firm’s organization chart to demonstrate how project personnel will be organized to fulfill requirements under an agreement.

4.1.4 Provide evidence that the firm is legally capable of performing the stated services in Texas. Provide any details of all past or pending litigation or claims filed against your firm that would affect your firm’s performance under a contract with the A&M System.

4.1.5 Is your firm currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify date(s), details, circumstances, and prospects for resolution.

4.1.6 Does any relationship exist by relation, business association, capital funding agreement, or any other such kinship between your firm and any A&M System or Member employee, officer or Regent? If so, please explain.

4.2 Technical Proposal

Respondents shall carefully read the information contained in the following criteria and submit a complete response to all items. Response shall be formatted as directed. Incomplete information may be considered non-responsive and subject to rejection.

All firms responding to RFP need to be able to provide restoration services throughout the State of Texas.

Respondent’s Availability to Undertake the Services:

4.2.1 Provide a statement of interest including a narrative describing the firm’s qualifications and availability. Proof of qualifications shall be provided for by certifications, licenses or other documentation in a separate tab which does NOT count towards the maximum number of pages allowed.

4.2.2 Provide a brief history of the firm including all office location(s), legal status and officers.

4.2.3 Describe how firm is able to mobilize and deploy Restoration Services in response to a single event up to a regional (multiple Member) event.

4.2.4 Respondent’s response/call-back time shall be within two (2) hours from the time of the initial contact.

4.2.5 Ability to deploy assets to A&M System and/or Member facilities for a single event within 24-hours of initial contact.

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4.2.6 Ability to deploy assets throughout the State of Texas for a regional or statewide event that impacts multiple Members within 48-hours to 72-hours of initial contact.

4.3 Past Performance

Respondent’s Performance on Past Representative Projects:

List three (3) examples of relevant, previous projects undertaken by the firm that best demonstrates the firm’s capacity and expertise to fulfill the requirements of the stated services.

Each example should be well organized, and, when applicable, identify key personnel proposed for the A&M System contract who worked on the example project. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

4.3.1 Project name, location, and description.

4.3.2 Color images (photographic or machine reproductions).

4.3.3 Final Project size in gross square feet.

4.3.4 Type of restoration (severe weather, MEP failure, asbestos, etc.).

4.3.5 Time from initial contact to deployment of assets.

4.3.6 Actual start and finish dates for restoration project.

4.3.7 Description of services the firm provided for the project.

4.3.8 Name and phone number of the Project Manager or the firm’s individual responsible for the overall success of the project.

4.3.9 Key subcontractors, if used.

4.3.10 The owner’s name and representative(s) who would be most familiar with the restoration and management phases of the project, including telephone number and email.

References shall be considered relevant based on specific project participation and experience with the Respondent. The A&M System may contact the references provided or any other references deemed relevant at any time during this RFP process.

Note: Examples that involve public higher education institutions are preferred. Past experience in the State of Texas and demonstrated knowledge and understanding of Texas markets is also preferred.

4.4 Environment, Health and Safety Qualifications

Proposed Respondent’s shall submit the following Environmental, Health and Safety (“EHS”) information for review as part of the selection criteria.

4.4.1 Respondents shall provide the following EHS data for both U.S. National corporate operations and State of Texas operations. OSHA 300 Logs

Use your OSHA 300 logs to determine the number of injuries and illnesses for the last three (3) years. Please note that the A&M System requires all Respondent’s to provide incident statistics, even though certain companies may not be statutorily required to keep OSHA 300 logs.

a. Total number OSHA Recordables.

b. Total number Lost Time Cases.

c. Total number Restricted Work (Transfer) Cases.

The Texas A&M University System RFP01 ESS-24-195 Page 13 of 33

d. Total number First Aid Cases.

e. Days Away/Restricted or Job Transfer (“DART”) Incident Rate.

f. OSHA Recordable Incident Rate.

g. Number of Hours Worked.

h. Total Number of Employees on your payroll.

Attach a copy of your OSHA 300 logs for the last three years.

The following formula is used for calculating the DART Incident Rate:

Number of DART Cases x 200,000 Number of Hours Worked

The following formula is used for calculating the OSHA Recordable Incident Rate:

Number of OSHA Recordable Cases x 200,000 Number of Hours Worked

4.4.2 Workplace Fatality(ies)

Has your company experienced a workplace fatality within the last three (3) years? Yes/No. If yes, copies provide the following information below:

a. The number and type of fatalities?

b. What penalties were assessed by OSHA?

c. What specific corrective actions were taken to prevent further fatality? The number and type of violations?

4.4.3 Experience Modification Rate

List your company’s Worker’s Compensation (“WC”) Experience Modification Rate (“EMR”) for the three (3) most recent years.

a. Provide a letter from your WC insurance carrier certifying the listed EMRs.

b. If your WC carrier has not issued your company an EMR because you have not accrued enough WC costs, provide a copy of your WC Loss Run (available from your WC carrier).

c. If your current EMR is greater than 1.0, provide a written explanation of the safety methods implemented by your company to reduce this rate.

4.4.4 OSHA Citations

Has your company received an OSHA (or State OSHA) citation within the last five (5) years? Yes/ No. If yes, attach copies of the citation(s) and provide the following information below:

a. The number and type of violations?

b. The penalties assessed by OSHA?

c. Were the citations contested/vacated?

d. What specific corrective actions were taken to prevent further penalties/injuries?

4.4.5 General Environment, Health & Safety

a. Does your company have a written occupational EHS program? Yes/No. If yes, please provide a copy of your EHS program.

b. Does your company require subcontractors to have a written EHS program and monitor subcontractor safety performance? Yes/No.

c. Does your company have a written EHS training program for all employees? Yes/No.

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d. Does your company conduct field safety inspections to determine compliance with applicable regulations and procedures? Yes/No. If yes, please provide sample copy of inspection form(s).

• Who conducts these inspections? (Please provide position/title)

• How often are EHS inspections conducted?

e. Does your company have written Accident Investigation Procedures? Yes/No. If yes, please provide as attachment. If yes, please provide sample copy of Accident Investigation report.

f. Does your company currently maintain a program in compliance with applicable state “Right to Know” laws and the OSHA Hazard Communication Standard? Yes/No. If yes, please provide as attachment.

g. Does your company have a written Environmental Management program? Yes/No. If yes, please provide a copy.

h. Has your company received an EPA/State violation in the last five (5) years? Yes/No. If yes, provide:

• Number and type of violation(s).

• Penalties.

• Corrective actions.

4.5 Pricing

Respondents shall include current rate sheets with detailed equipment, consumables, and labor descriptions and pricing. Rate sheets are part of this agreement, and where applicable will not exceed rates listed on the FEMA 2023 Schedule of Equipment Rate (https://www.fema.gov/assistance/public/tools-resources/schedule-equipment-rates) where applicable. The rate schedule may be renegotiated at the discretion of A&M System upon renewal of this Agreement. Respondents must understand the intricacies of the laws, regulations, policies, timelines, requirements, processes, documentation, and systems that govern eligibility and reporting for FEMA, HUD, HHS, EPA and other Federal, State, or Local agencies with regard to all relevant federal funding sources.

Cost Plus Pricing is not acceptable for the solutions provided in your Cost Proposal. Cost Plus Pricing can be defined as a cost-reimbursement contract containing some element that commits the Program Participant to pay the contractor an amount in the form of either profit or cost, undetermined at the time of the contract award, based on a percentage of future costs, as defined in the Procurement Disaster Assistance Team (“PDAT”) Field Manual - October 2021 issued by

FEMA.

The Respondent will complete work for a particular project and will bill for actual costs for materials, equipment rental and subcontractors plus the quoted mark-up and actual hours worked per the quoted rates. In no instance will a project cost the A&M System or Member more than the not-to-exceed price (unless additional scope has been added by the A&M System or Member, however, the not-to-exceed price is to be revised by the Respondent and approved by the A&M System or Member to incorporate such changes); if a project does exceed the not-to-exceed, the Respondent will be solely responsible for costs in excess; for costs less than the not-to-exceed price, the A&M System or Member will pay for actual completed costs only.

Invoices shall, among other things, (1) set forth a description of the Services performed, (2) reference Member’s purchase order/contract number, and (3) be accompanied by a comprehensive final report with detailed information that summarizes all Services provided by Respondent. Invoices shall also be in a form with sufficient detail to satisfy FEMA and insurance company requirements in order to maximize payment of claims and reimbursement of expenses.

https://www.fema.gov/assistance/public/tools-resources/schedule-equipment-rates

The Texas A&M University System RFP01 ESS-24-195 Page 15 of 33

4.6 HUB Subcontracting Plan

It is the policy of the state of Texas and the A&M System to encourage the use of Historically Underutilized Businesses (“HUB”) in our prime contracts, subcontractors, and purchasing transactions. The goal of the HUB program is to promote equal access and equal opportunity in the A&M System contracting and purchasing.

Subcontracting opportunities are defined as those opportunities contracted with a vendor to work, supply commodities, or contribute toward completing work for a governmental entity. Each Respondent shall indicate what portion(s) of the scope they anticipate to subcontract, if any. The Respondent is required to submit a properly completed HUB Subcontracting Plan (“HSP”) form to document their good faith effort to solicit and use State of Texas certified HUB vendors to perform portion(s) of the scope as defined in this RFP. …

Subcontracting opportunities are possible for this RFP and, therefore, an HSP is required. Failure to submit a comprehensive HSP form with the RFP response will be considered a material failure to comply with the requirements of the RFP, and will result in rejection of the submittal. The HSP form shall be submitted with the RFP response by the date and time specified.

The HUB participation goal for this RFP is 15% and every Respondent shall endeavor to achieve this goal.

HSP Form Requirements

The HSP form can be found here: https://www.tamus.edu/business/hub-procurement/hub-programs-3/. The HUB goal stated in this RFP takes precedence over the standard HUB goal stated on the HSP form, unless otherwise noted. The Respondent shall complete Section 1, Section 2a and b, and Section 4 of the HSP form, properly completing all subsequent steps as stated on the HSP form.

If the Respondent shall subcontract with a vendor(s) with which a pre-existing agreement exists, the Respondent shall list each subcontracting opportunity in Section 2b of the HSP form and provide an explanation with the RFP response as to why solicitations were not done (e.g.

contractual requirements). If the Respondent shall subcontract with a vendor(s) with which no pre-existing agreement exists, then the Respondent shall make a good faith effort to utilize Texas certified HUBs according to the instructions as stated on the HSP form, which may include providing supporting documentation.

If the Respondent shall self-perform the entire scope, a statement which attests that the Respondent shall perform the subcontracting opportunities identified by the A&M System with its own employees and resources is required. This statement shall be documented in Section 3 of the HSP form.

For information regarding the HSP form requirements, please contact the A&M System HUB Program Office at so-hubprogram@tamus.edu for assistance. Respondents may submit a draft of the HSP form at least ten business days prior to submittal of their response to the RFP for review by the HUB Program.

https://www.tamus.edu/business/hub-procurement/hub-programs-3/ https://www.tamus.edu/business/hub-procurement/hub-programs-3/ mailto:so-hubprogram@tamus.edu

The Texas A&M University System RFP01 ESS-24-195 Page 16 of 33

SECTION 5 - GENERAL TERMS AND CONDITIONS

A. TERMS AND CONDITIONS: The A&M System reserves the right to accept, reject, modify, and/or negotiate any and all submittals received in conjunction with this RFP. It reserves the right to waive any defect or informality in the submittals on the basis of what it considers to be in its best interests. Any submittal which the A&M System determines to be incomplete, conditional, obscure, or which has irregularities of any kind, may be rejected. The A&M System reserves the right to award to the company, or companies, which in our sole judgment, will best serve our long-term interest.

This RFP in no manner obligates the A&M System to the eventual purchase of any products or services described, implied, or which may be proposed, until confirmed by written agreement, and may be terminated by the A&M System without penalty or obligation at any time prior to the signing of a contract.

The Respondent must include a formal copy of any Respondent terms and conditions applicable to this transaction. Evaluation and acceptance and/or modification of these terms and conditions by the A&M System Office of General Counsel are essential prior to execution of any resultant Agreement. In the event the Respondent does not supply terms and conditions with their submittal, A&M System terms and conditions will govern this transaction.

B. GOVERNING LAW: Respondent agrees that, in the event of a dispute, laws of the State of Texas will prevail.

C. NON-DISCRIMINATION: The parties agree that in the performance of any contract they shall not discriminate in any manner on the basis of race, color, national origin, age, religion, sex, genetic information, veteran status or disability protected by law. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. By submitting a submittal, Respondent certifies that it will conform to the provisions of the federal Civil Rights Act of 1964, as amended.

D. CIVIL RIGHTS REQUIREMENTS: All Respondents must comply with applicable civil rights laws.

E. IMMIGRATION REFORM AND CONTROL ACT OF 1986: By submitting a proposal, the Respondent certifies that it does not, and will not, during the performance of any resultant Agreement, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986, as amended.

F. DEBARMENT STATUS: By submitting a proposal, Respondent certifies that it is not currently debarred from submitting submittals on contracts nor is it an agent of any person or entity that is currently debarred from submitting bids on contracts.

G. PUBLIC INFORMATION: Respondent is hereby notified that the A&M System strictly adheres to all statutes, court decisions, and the opinions of the Texas Attorney General with respect to disclosure of public information. The A&M System may seek to protect from disclosure all information submitted in response to this RFP until such time as the resultant Agreement is executed. Upon execution of the resultant Agreement, the A&M System will consider all information, documentation, and other materials requested to be submitted in response to this RFP to be of a non-confidential and non-proprietary nature and therefore subject to public disclosure under the Texas Public Information Act, Texas Government Code, Chapter 552.

Respondent will be advised of a request for public information that implicates its materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General.

H. ALTERNATE PROPOSALS: The A&M System reserves the right to consider alternate proposals

The Texas A&M University System RFP01 ESS-24-195 Page 17 of 33 submitted by Respondents. Alternate proposals shall be clearly marked “Alternate” with the proposed alternates clearly defined and all pricing/cost advantages included, if applicable.

I. ANTITRUST: Respondent hereby assigns to the A&M System, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. (1973) and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

J. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the A&M System or any of its Members, (2) a person who at any time during the four years before the date of the contract was the executive head of the A&M System or any of its Members, or (3) a person who employs a current or former executive head of the A&M System or any of its Members.

K. INSURANCE: Respondent shall obtain and maintain, for the duration of any resultant Agreement or longer, the minimum insurance coverage set forth on Exhibit C attached hereto.

L. REQUIRED CONTRACT TERMS: The terms and conditions contained in the draft agreement attached as Exhibit E or, in the sole discretion of the A&M System, terms and conditions substantially similar to those contained in the attached agreement, will constitute and govern any Agreement that results from this RFP. If Respondent takes exception to any terms or conditions set forth in the attached agreement, Respondent will submit a list of the exceptions as part of its proposal. Respondent’s exceptions will be reviewed by the A&M System and may result in disqualification of Respondent’s proposal as non-responsive to this RFP. If Respondent’s exceptions do not result in disqualification of Respondent’s proposal, then the A&M System may consider Respondent’s exceptions when the A&M System evaluates the Respondent’s proposal.

The Texas A&M University System RFP01 ESS-24-195 Page 18 of 33

EXHIBIT A

EXECUTION OF OFFER

RFP01 ESS-24-195

DATE:___________

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services at the prices quoted.

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

This execution of offer must be completed, signed, and returned with the respondent's proposal.

Failure to complete, sign and return this execution of offer with the proposal may result in rejection of the proposal.

Signing a false statement may void the submitted proposal or any agreements or other contractual arrangements, which may result from the submission of respondent’s proposal. A false certification shall be deemed a material breach of contract and, at the A&M System's option, may result in termination of any resulting contract or purchase order.

Addenda Acknowledgment

Receipt is hereby acknowledged of the following addenda to this RFP by entering yes or no in space provided and indicating date acquired. Enter “0" if none received.

No. 1 ______ Date No. 3 ______ Date

No. 2 ______ Date No. 4 ______ Date

A.2 Signature

By signing below, the Respondent hereby certifies as follows, and acknowledges that such certifications will be included in any resulting contract:

(i) the Response and all statements and information prepared and submitted in response to this RFP are current, complete, true and correct;

(ii) it is not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount trip, favor or service to a public servant in connection with the submitted response or any subsequent proposal. Failure to sign below, or signing a false statement, may void the response or any resulting contracts at the A&M System’ option, and the Respondent may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Response;

(iv) no relationship, whether as a relative, business associate, by capital funding agreement or by any other such kinship exists between Respondent and an officer or employee of the A&M System;

(v) Respondent has not been an employee of the A&M System within the immediate twelve (12) months prior to the RFP response;

(vi) no compensation has been received for participation in the preparation of this RFP (ref. Section

2155.004 Texas Government Code);

The Texas A&M University System RFP01 ESS-24-195 Page 19 of 33

(vii) all services to be provided in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-

596) and its regulations in effect as of the date of this solicitation;

(viii) Respondent complies with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action;

(ix) to the best of its knowledge, no member of the Board of Regents of the A&M System, or the Executive Officers of the A&M System or its member institutions or agencies, has a financial interest, directly or indirectly, in the Project;

(x) each individual or business entity proposed by Respondent as a member of its team that will engage in the practice of engineering or architecture will be selected based on demonstrated competence and qualifications only;

(xi) if the Respondent is subject to the Texas franchise tax, it is not currently delinquent in the payment of any franchise tax due under Chapter 171, Texas Tax Code, or is exempt from the payment of such taxes. A false certification may result in the Respondent’s disqualification;

(xii) under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is…