ESBD_460119_1759872425553_Engineering RFQ-26-0001.pdf

REQUEST FOR QUALIFICATIONS

Indefinite Delivery/Indefinite Quantity (IDIQ) Professional Services - Engineering

EAST TEXAS A&M UNIVERSITY

PROJECT NO. RFQ-26-0001

DEADLINE FOR SUBMITTAL:

3:00 P.M., Thursday, October 30, 2025

PROPOSALS SHALL BE UPLOADED TO:

https://dms.tamuc.edu/Forms/Bid

NOTE: SUBMITTAL must be received by East Texas A&M University Procurement Office before the date and time specified for receipt of submittal as stated within Section 2.4 of this RFQ. After the response due date, only the names of Respondents will be made public.

REFER ALL INQUIRIES TO:

Travis A. Ball, MSc, CTCD East Texas A&M University

Procurement Services Phone 903-886-5060 Fax: 903-886-5039

Email: Travis.Ball@etamu.edu mailto:Travis.Ball@etamu.edu

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TABLE OF CONTENTS

SECTION 1 GENERAL

1.1 Scope

1.2 About East Texas A&M University

1.3 Purpose

1.4 Priorities/Expectations

1.5 Performance Period

SECTION 2 INSTRUCTIONS FOR RESPONDENTS

2.1 General Information

2.2 Calendar of Events

2.3 Examination of the Request for Qualifications

2.4 Submittal Instructions

2.5 Submittal Components

2.6 Inquiries and Interpretations

2.7 Selection Process

2.8 Public Information Act

SECTION 3 SCOPE OF WORK

3.1 Goal

3.2 Services Required

3.3 Project Assignments

3.4 Statement of Qualifications

3.5 HUB Participation Plan

SECTION 4 GENERAL TERMS AND CONDITIONS

4.1 Dispute Resolution

4.2 Insurance

4.3 Terms and Conditions

EXHIBIT A – Execution of Offer EXHIBIT B – Non-Collusion Affidavit EXHIBIT C – HUB Participation Letter of Transmittal

East Texas A&M University RFQ-26-0001 Page 3 of 21

SECTION 1

GENERAL

1.1 Scope

East Texas A&M University (“ETAMU”) is soliciting statements of qualifications from firms (“Respondents”) with an established history of expertise and qualifications for providing Engineering & Surveying Services.

The expertise and qualifications shall be administered in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications (RFQ) for all ETAMU managed construction projects. Any institution of higher education will have the option to utilize any firm in this pool for their institutional/agency managed projects.

By submitting a response, each Respondent certifies that it understands this RFQ and has full knowledge of the scope, nature, quality, and the amount of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed.

1.2 About East Texas A&M University

East Texas A&M University was founded in 1889 as East Texas Normal, and at various times has been known as East Texas State Normal College; East Texas State Teachers College; East Texas State College; East Texas State University and became a component of the Texas A&M University System in 1996. The University is located in Commerce, Texas, approximately sixty-five (65) miles northeast of the Dallas/Fort Worth Metroplex.

East Texas A&M University is a multi-purpose, regional state university, serving the people of Texas, as well as out-of-state and international students. As a center of learning, East Texas A&M University accepts its responsibilities for teaching, scholarly research and creative activities, and public service.

East Texas A&M University encourages an active intellectual environment by supporting scholarly research and creative activities that advance human achievement and stimulate the intellectual growth of both faculty and students.

East Texas A&M University provides educational programs necessary for professional success of personal growth, and responsible citizenship. Through both formal and informal activities, students have the opportunity to acquire knowledge; learn reasoning and communication skills; examine their goals, values and potentialities; and develop an enduring commitment to learning.

East Texas A&M University serves its region by providing information, facilities, research and resources to address the needs of its constituency and by sharing its public educational programs, cultural activities, and the expertise of its personnel.

1.3 Purpose

The purpose of this RFQ is to solicit qualifications from Respondents who can provide engineering and surveying services for ETAMU, on an as-needed basis. Refer to Section 3 for the full Scope of Work and requirements.

The intent of this RFQ is to allow all interested / prospective firms to provide a sufficient amount of data that will enable ETAMU to assess the qualifications of the Respondent. To this end, each Respondent shall furnish, as a part of the qualifications, a complete general description of experience in their respective fields.

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By submitting qualifications, each Respondent certifies that it understands this RFQ and has full knowledge of the scope, nature, quality, and the amount of the work to be performed, the detailed requirements of the services to be provided, and the conditions under which the services are to be performed. Each Respondent also certifies that it understands that all costs relating to preparing and responding to this RFQ will be the sole responsibility of the Respondent.

1.4 Priorities/Expectations

(a) Ensuring a Quality Level of Service. This priority encompasses the quality of the level of service that can be provided to ETAMU in a timely, cost-effective manner. ETAMU is seeking a Respondent(s) that will ensure the provision of such quality in its delivery of service through proven techniques and established practices.

(b) Level of Experience and Expertise. Respondent must demonstrate its capabilities in providing the utmost level of experience and expertise to ensure successful projects as determined by ETAMU.

(c) Delivery Efficiency. Respondent must demonstrate its ability to deliver the required services in a timely manner while not sacrificing the quality required by ETAMU.

1.5 Performance Period

The intention of this RFQ is to qualify firms to be included in a pool for the services defined in this RFQ from which it will periodically select participants to assist ETAMU on an as-needed basis. Should ETAMU, in its sole discretion, enter into an IDIQ agreement with the successful Respondent(s) as a result of this RFQ, the agreement shall be effective as of the date that is agreed upon by ETAMU and successful Respondent(s). ETAMU anticipates that the initial term of such Agreement will extend for three (3) years, with the option to renew for up to two (2) one-year terms, providing all parties mutually agree on the extension. Any extensions shall be at the same terms and conditions plus any approved changes to be determined by ETAMU and negotiated in writing with the successful Respondent.

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SECTION 2

INSTRUCTION FOR RESPONDENTS

2.1 General Information

ETAMU is soliciting submittals from qualified firms, hereafter referred to as Respondent(s), who have significant experience in providing engineering and surveying services for institutions of higher education. These basic services are outlined in the Scope of Work (Section 3).

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.

The Respondent(s) selected shall have an excellent track record for providing these services relative to the size and scope of ETAMU projects and shall agree to provide these services to ETAMU with a top priority commitment. ETAMU may select as many Respondents as needed to ensure coverage at the main campus in Commerce, TX.

This RFQ contains specific requests for information. Respondents are encouraged to examine all sections of this RFQ carefully, in that the degree of interrelationship between sections is critical. In responding to this RFQ, Respondents are encouraged to provide any additional information they believe relevant.

Clause headings appearing in this RFQ 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 RFQ, the subject being referred to is to be a required feature of this RFQ 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 RFQ specifications must be clearly identified by the Respondent in its submittal.

2.2 Calendar of Events

Activity Responsibility Date

Release of Request for Qualifications ETAMU October 7, 2025

Deadline to Submit Questions Respondent October 17, 2025

Release of Response to Questions ETAMU October 22, 2025

RFQ Responses Due Respondent October 30, 2025

Selection of Qualified Respondents ETAMU Month of Nov/Dec

Agreement Effective Date Both February 1, 2026

ETAMU 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 ETAMU and/or in the event ETAMU 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.

2.3 Examination of the Request for Qualifications

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

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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 of the existing and/or revised conditions and accepts them "as is."

2.4 Submittal Instructions

All qualification submittals must be received by ETAMU no later than 3:00:00 p.m. Central Time (CDT), October 30, 2025, electronically via the following link https://dms.tamuc.edu/Forms/Bid and fill in the appropriate information, including “RFQ-26-0001”. Late submittals will not be considered under any circumstances.

Submittal Format: Submission shall be saved as one (1) file in Adobe Portable Document Format (PDF) according to the items listed below.

2.5 Submittal Components

The following documents are to be returned as your qualification submittal. Failure to include these documents will be basis for response disqualification.

I. Forms

Signed Execution of Offer (Exhibit A) Signed and notarized Non-Collusion Affidavit (Exhibit B) HUB Participation Plan (Section 3.5)

II. Qualification Statement

Qualification Statement (Section 3.4)

Other Requirements:

• Qualification Statement shall be a MAXIMUM of forty (40) pages. The cover letter, table of contents, divider pages, HUB Subcontracting Plan, and the Exhibits do not count toward this maximum page count.

• Additional attachments shall NOT be included with the Qualification Statement. Only the responses provided by the Respondent to the questions identified in Section 3 of this RFQ will be used by ETAMU for evaluation.

• Submittals shall include a “Table of Contents” and give page numbers for each part of the Qualifications.

• Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.).

Qualification Statement shall consist of answers to questions identified in Section 3.4 of the RFQ. It is not necessary to repeat the question in the Qualifications; however, it is essential to reference the question number with the corresponding answer.

Failure to comply with all requirements contained in this Request for Qualifications may result in the rejection of the submittal.

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 DocuSign, Adobe or another similar tool.

• Non-Collusion Affidavit: The Respondent signature on this document may be done electronically with DocuSign, Adobe or another similar tool. While the document must also be notarized, this may be done at a later date due to the COVID-19 pandemic. An agreement

East Texas A&M University RFQ-26-0001 Page 7 of 21 may not be executed with the awarded Respondent(s) until this document is fully signed and notarized.

2.6 Inquiries and Interpretations

All technical and scope of work questions concerning this RFQ are to be directed to Travis A. Ball, Chief Procurement Officer, in writing, at Travis.Ball@etamu.edu no later than December 1, 2020.

Respondent may not contact other individuals at ETAMU to discuss any aspect of this RFQ, unless expressly authorized by ETAMU Procurement Office to do so. ETAMU will publish all questions with responses according to the calendar in Section 2.2.

Responses to inquiries which directly effect an interpretation or change to this RFQ will be issued in writing by addendum/amendment and and posted to the Electronic State Business Daily (ESBD) at the following site; http://www.txsmartbuy.com/sp (Input Agency Number “751” and select “Posted” for the Status)

It is the responsibility of all REPONDENTS to check the ESBD for any and all addenda issued for this RFQ. All such addenda/amendments issued by ETAMU prior to the time that qualifications are received shall be considered part of the RFQ, and the Respondent shall consider and acknowledge receipt of such in the Execution of Offer.

Only those ETAMU replied to inquiries which are made by formal written addenda/amendments shall be binding. Oral and other interpretations or clarification will be without legal effect.

2.7 Selection Process

It is the intention of ETAMU to utilize the information received from responding firms to form a pool of pre-qualified firms from which it will periodically select participants to assist ETAMU on an as-needed basis. Each project assignment will be documented individually and will extend for as long as agreed to by the parties. ETAMU will base its choice on demonstrated competence, knowledge, and qualifications of the Respondent.

The Respondent(s) selected will be the one who’s experience and qualifications, as presented in response to this RFQ, establish them, in the opinion of ETAMU, as well qualified and offering the greatest benefits, experience and value to ETAMU. ETAMU may cancel this RFQ or reject Qualifications at any time prior to an award, and is not required to furnish a statement of the reasons why a particular qualification was not deemed to be the most advantageous.

Submission of qualifications indicates Respondent's acceptance of the evaluation techniques and the recognition that subjective judgments must be made by ETAMU during the evaluation process.

It is the intent of ETAMU to qualify multiple submissions. ETAMU, at its sole discretion, may select as many firms as deemed to be in ETAMU’s best interest to be included in the pool to meet the needs of the University. The selection of the successful submission(s) may be made by ETAMU on the basis of the submissions initially submitted, without discussion, clarification, or modification. In the alternative, selection of the successful submission(s) may be made by ETAMU on the basis of negotiation with any of the Respondents. ETAMU shall not disclose any information derived from the submissions provided by competing Respondents in conducting such discussions.

All submissions must be complete and convey all of the information requested to be considered responsive. If a submission fails to conform to the essential requirements of the RFQ, ETAMU alone will determine whether the variance is significant enough to consider the submission susceptible to being made acceptable, and therefore a candidate for further consideration, or not susceptible and therefore not considered for award.

ETAMU may perform reference checks and seek further information, as needed from all Respondents http://www.txsmartbuy.com/sp

East Texas A&M University RFQ-26-0001 Page 8 of 21 whose submission ETAMU, at its discretion, considers viable, based on the initial evaluation and ranking. The Respondent’s response to this requirement officially authorizes ETAMU 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 ETAMU and Respondent shall and hereby does release and hold harmless ETAMU, 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 submission.

ETAMU reserves the right to accept or reject any or all offers, to waive informalities and technicalities, to accept qualifications considered most advantageous, and/or to make the award to the most responsive Respondent(s).

2.8 Public Information Act

(a) Respondent acknowledges that ETAMU is obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement, as well as any other disclosure of information required by applicable Texas law.

(b) Upon ETAMU’s written request, Respondent will promptly provide specified contracting information exchanged or created under this Agreement for or on behalf of ETAMU.

(c) Respondent acknowledges that ETAMU may be required to post a copy of the fully executed Agreement on its Internet website in compliance with Section 2261.253(a)(1), Texas Government Code.

(d) The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this agreement and the Respondent agrees that the agreement can be terminated if the Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

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SECTION 3

SCOPE OF WORK

3.1 Goal

ETAMU is soliciting statements of qualifications from firms with an established history of providing experienced and cost-effective engineering & surveying services. It is the intent of ETAMU to contract with multiple Respondents to provide a pool of firms who can provide these services for ETAMU managed projects. Any institution of higher education will have the option to utilize any firm in this pool for their institutional/agency managed projects.

The services to be provided may include assistance with small projects, surveying, and preparation of construction packages for ETAMU. 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 projects.

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

Personnel and related services required by ETAMU may vary, and will be determined on a project-by-project basis.

3.2 Services Required

The required services shall consist of providing engineering, surveying, & preparation of construction packages to work under the direct supervision of ETAMU’s staff on an “as needed” basis.

The selected Respondent(s) will be responsible for providing all necessary equipment including but not limited to computer, software, digital camera and cell phone as part of their overhead and without separate reimbursement. Activities for which support personnel MAY be requested include any or all of the following:

a) Pre-construction Phase

• Participate in the design phase on an as-needed basis.

• Review design documents, drawings and specifications for constructability, scheduling, consistency and coordination.

• Provide plan checking for conformance to applicable code requirements and all system guidelines, standards and master plan requirements

• Facilitate the preparation of supplemental conditions for the specifications.

• Prepare a schedule and other required documents for the project to use for bidding purposes.

• Assist in determination of bidder requirements.

• Assist in determining value engineering options.

• Assist in quantifying the design for reporting purposes

• Provide project schedule analysis

• Provide project cost estimating and cost analysis

b) Procurement Phase

• Assist with pre-bid conference

• Review addenda for constructability

• Assist with public bid opening and evaluation

• Prepare cost analysis of bids against available budget

• Review and analyze bidder qualifications

• Determine responsiveness of bids and make recommendations on entering into contract(s)

c) Construction Phase

• Monitor overall budget and schedule and advise ETAMU of any trends that affect the timely procedures and cost-effective completion of the project.

• Coordinate construction logistics between the General Contractor (GC), ETAMU and other project partners as required.

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• Review, comment and process submittals.

• Review GC’s Schedule of Values/Cost Breakdown and construction schedule and recommend approval/changes and disapproval.

• Arrange and conduct a variety of meetings, as requested by ETAMU.

• Perform quality surveys, review and verify the contractor’s monthly progress payments.

• Review and analyze proposed change orders and make recommendations to ETAMU.

Assess and evaluate pricing on all change order requests taking the lead in negotiating fair and equitable resolutions and managing schedule impacts.

• Receive, log, and review submittals for completeness and accuracy. Distribute for evaluation and track submittal as required through completion of the process.

• Assist in resolution, draft response, track, and follow up on requests for information (RFIs).

• Maintain daily diary describing general events, noting problems and unusual events.

• Review Contractor Quality control (QC) daily reports for accuracy and completeness.

• Take appropriate photographs that document construction progress and problems, such as capturing items that will not be seen later, etc.

• Review and verify contractor’s project record drawings are updated to reflect all changes and work completed before each monthly progress payment.

• Provide inspections of the construction:

o Inspect the work of the construction contractor for progress, workmanship, and conformance with the approved contract documents and applicable codes and regulations.

o Coordinate and track all required special inspections and material testing. Review special inspection and material testing reports to verify conformance with the approved project drawings and specifications.

o When work is found to be in non-conformance, document the deficiencies and promptly provide notification of the deficiencies to ETAMU and the GC o Verify that deficiencies have been corrected and/or approved by applicable party.

o Issue inspection deficiency list to the contractor. Conduct inspections and draft related deficiency letters for ETAMU’s review and subsequent concurrence and signature.

o Coordinate all owner third party testing to verify conformance with the approved project drawings and specifications.

• Coordinate special inspections with the Contractor and Special Inspector.

• Provide contractor schedule analysis

• Construction Administration

• Assist owner in evaluating contractor claims

• Assist with creating and executing project work orders and purchase orders

• Close-Out Phase

• Coordinate preparation of the punch-list and implement corrective work.

• Coordinate close-out procedures, including transfer of complete project record drawings to

ETAMU.

• Coordinate critical point, special, beneficial, and final inspections by design staff or other inspectors so work can be approved in a timely and efficient manner.

ETAMU reserves the right on each assignment to authorize all or any part of the above subject areas and/or work tasks as ETAMU deems necessary for the individual project. The scope to be performed will be set forth in each work authorization and be based on a proposal from the VENDOR for the particular assignment. A purchase order will establish a scope of work and a lump sum or not-to-exceed fee for each assignment upon successful negotiations.

3.3 Project Assignments

Engineering or Surveying services will be assigned when required to a project or projects from the pool of vendors established by this RFQ. Note that inclusion in the pool is not a guarantee of work or project assignments.

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3.4 Statement of Qualifications

RESPONDENTS SHALL CAREFULLY READ THE INFORMATION CONTAINED IN THE

FOLLOWING CRITERIA AND SUBMIT A COMPLETE STATEMENT OF

QUALIFICATIONS TO ALL ITEMS IN THEIR AREA OF STAFFING AND MANAGEMENT

EXPERTISE. RESPONSE SHALL BE FORMATTED AS DIRECTED. INCOMPLETE

QUALIFICATIONS MAY BE CONSIDERED NON-RESPONSIVE AND SUBJECT TO

REJECTION.

3.4.1 CRITERION ONE

Respondent’s Statement of Qualifications and Availability to Undertake The Services:

• Provide a statement of interest including a narrative describing the firm’s qualifications pertaining to personnel.

• Provide a statement on the availability and commitment of the firm and named assigned personnel to undertake the services.

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

• Provide resumes of key personnel and the names of those employees who will be assigned to the services. Limit resumes to two (2) pages per person.

• Address the firm’s “Specific Qualifications” for and ability to perform the “Scope of

Services” in the specific area of expertise.

3.4.2 CRITERION TWO

Company Background:

• Is your firm currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organizational and directional terms.

• 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 ETAMU.

• 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.

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

• Provide a claims history under insurance for the past five (5) years for the company and any team members proposed to provide services.

3.4.3 CRITERION THREE

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 ETAMU 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:

o Project name, location, and description.

o Description of services the firm provided for the project and office location that supported the services.

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

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References shall be considered relevant based on specific project participation and experience with the Respondent. ETAMU may contact the references provided or any other references deemed relevant at any time during this RFQ 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.

3.5 HUB Participation Plan

Each respondent is required to submit a HUB Participation Plan that details HUB outreach and recruitment efforts. FAILURE TO SUBMIT A COMPREHENSIVE, ACCEPTABLE HUB

PARTICIPATION PLAN WILL BE CONSIDERED A MATERIAL FAILURE TO COMPLY

WITH THE REQUIREMENTS OF THE RFP AND WILL RESULT IN REJECTION OF THE

RESPONSE.

The Participation Plan shall include the following:

• The Respondent shall state whether it is a Texas certified HUB.

• The Respondent shall state that it intends to meet or exceed the stated East Texas A&M

University HUB goal of 24% for professional services.

• Provide a sample solicitation notice letter that will be sent to HUB vendors for the subcontracting opportunities. The notice shall, in all instances, include the scope of work, information regarding location to review plans and specifications, information about insurance requirements, and identify a contact person.

• Provide a sample solicitation letter that will be sent to trade organizations or development centers for the subcontracting opportunities. The notice shall, in all instances, include the scope of work, information regarding location to review plans and specifications, information about bonding and insurance requirements, and identify a contact person.

• Provide a list of the trade organizations or development centers that you intend to work with in your outreach efforts.

• Provide documentation that describes how you intend to locate the HUB vendors for solicitation – Will you use the CMBL listings? Will you advertise in trade organization newsletters or newspapers? Etc.

• Provide a statement if self-performing services to include an explanation as to how your company will perform this entire scope with its own employees, supplies, materials and/or equipment. In the event that the respondent determines a subcontractor(s) will be used, the respondent WILL BE required to make a good faith effort and complete the State of Texas HUB Subcontracting Plan.

For information regarding the East Texas A&M University HUB Program and HUB Subcontracting requirements, please contact Mr. Travis Ball, at Travis.Ball@etamu.edu or 903-886-5060.

a) Awarded Respondents

If awarded a project as a result of an IDIQ Agreement, the vendor may be required to complete a revised HSP in full to identify the subcontractors needed for that specific project and the applicable percentages.

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SECTION 4

GENERAL TERMS AND CONDITIONS

4.1 Dispute Resolution

The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by East Texas A&M and Vendor to attempt to resolve any claim for breach of contract made by Vendor that cannot be resolved in the ordinary course of business. Vendor shall submit written notice of a claim of breach of contract under this Chapter to the President and CEO, who shall examine Vendor’s claim and any counterclaim and negotiate with Vendor in an effort to resolve the claim.

4.2 Insurance

Respondent shall obtain and maintain, for the duration of a resultant agreement or longer, the minimum insurance coverage set forth below. With the exception of Professional Liability (E&O), all coverage shall be written on an occurrence basis. All coverage shall be underwritten by companies authorized to do business in the State of Texas or eligible surplus lines insurers operating in accordance with the Texas Insurance Code and have a financial strength rating of A- or better and a financial strength rating of VII or better as measured by A.M. Best Company or otherwise acceptable to A&M System. By requiring such minimum insurance, A&M System shall not be deemed or construed to have assessed the risk that may be applicable to Respondent under a resultant agreement. Respondent shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage.

Respondent is not relieved of any liability or other obligations assumed pursuant to a resultant agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. No policy will be canceled without unconditional written notice to ETAMU at least ten days before the effective date of the cancellation.

Coverage Limit

A. Worker’s Compensation

Statutory Benefits (Coverage A) Statutory Employers Liability (Coverage B) $1,000,000 Each Accident $1,000,000 Disease/Employee $1,000,000 Disease/Policy Limit

Workers’ Compensation policy must include under Item 3.A. on the information page of the workers’ compensation policy the state in which work is to be performed for ETAMU. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted.

B. Automobile Liability Business Auto Liability Insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 Single Limit of liability per accident for Bodily Injury and Property Damage;

If a separate Business Auto Liability policy is not available, coverage for hired and non-owned auto liability may be endorsed on the Commercial General Liability policy.

C. Commercial General Liability

Each Occurrence Limit $2,000,000 General Aggregate Limit $2,000,000 Products / Completed Operations $1,000,000 Personal / Advertising Injury $1,000,000 Damage to rented Premises $300,000 Medical Payments $5,000

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The required commercial general liability policy will be issued on a form that insures Respondent’s or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of a resultant agreement.

Umbrella Liability Insurance $5,000,000

Additional Endorsements The Auto and Commercial General Liability Policies shall name the Texas A&M University System Board of Regents for and on behalf of The Texas A&M University System as additional insureds.

D. Professional Liability (Errors & Omissions) Insurance with limits of not less than $1,000,000 each occurrence, $2,000,000 aggregate. Such insurance will cover all professional services rendered by or on behalf of Respondent and its subcontractors under a resultant agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of a resultant agreement. If coverage is written on a claims-made basis, Respondent agrees to purchase an Extended Reporting Period Endorsement, effective for two (2) full years after the expiration or cancellation of the policy. No professional liability policy written on an occurrence form will include a sunset or similar clause that limits coverage unless such clause provides coverage for at least three (3) years after the expiration of cancellation of a resultant agreement.

E. Respondent will deliver to ETAMU:

Evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance after the execution and delivery of a resultant agreement and prior to the performance of any services by Respondent under a resultant agreement. Additional evidence of insurance will be provided on a Texas Department of Insurance approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal.

All insurance policies, with the exception of worker’s compensation, employer’s liability and professional liability will be endorsed and name The Board of Regents for and on behalf of The Texas A&M University System and The Texas A&M University System as Additional Insureds up to the actual liability limits of the policies maintained by Respondent. Commercial General Liability and Business Auto Liability will be endorsed to provide primary and non-Contributory coverage. The Commercial General Liability Additional Insured endorsement will include on-going and completed operations and will be submitted with the Certificates of Insurance.

All insurance policies will be endorsed to provide a waiver of subrogation in favor of The Board of Regents of The Texas A&M University System and The Texas A&M University System. No policy will be canceled without unconditional written notice to ETAMU at least ten days before the effective date of the cancellation. All insurance policies will be endorsed to require the insurance carrier providing coverage to send notice to ETAMU ten (10) days prior to the effective date of cancellation, material change, or nonrenewal relating to any insurance policy required in this Section.

Any deductible or self-insured retention must be declared to and approved by ETAMU prior to the performance of any services by Respondent under a resultant agreement. Respondent is responsible to pay any deductible or self-insured retention for any loss. All deductibles and self-insured retentions will be shown on the Certificates of Insurance.

Certificates of Insurance and Additional Insured Endorsements as required by a resultant agreement will be mailed, faxed, or emailed to the SREO.

The insurance coverage required by a resultant agreement will be kept in force until all services have been fully performed and accepted by ETAMU in writing, except as may be noted.

East Texas A&M University RFQ-26-0001 Page 15 of 21

4.3 Terms and Conditions

4.3.1 Indemnification. Respondent agrees to indemnify and hold harmless ETAMU from any claim, damage, liability, expense or loss to the extent arising out of Respondent’s negligent or willful errors or omissions under a resultant agreement.

4.3.2 Independent Contractor. Respondent is an independent contractor, and neither Respondent nor any employee of Respondent shall be deemed to be an agent or employee of ETAMU.

ETAMU will have no responsibility to provide transportation, insurance or other fringe benefits normally associated with employee status. Respondent shall observe and abide by all applicable laws and regulations, policies and procedures, including but not limited to those of ETAMU relative to conduct on its premises.

4.3.3 Not Eligible for Rehire. Respondent is responsible to ensure that employees participating in work for any A&M System member have not been designated by the A&M System as Not Eligible for Rehire as defined in System policy 32.02, Section 4. Non-conformance to this requirement may be grounds for termination of any resultant agreement.

4.3.4 Payment of Debt or Delinquency to the State. Pursuant to Section 2252.903, Texas Government Code, Respondent agrees that any payments owing to Respondent under any resultant agreement may be applied directly toward certain debts or delinquencies that Respondent owes the State of Texas or any agency of the State of Texas regardless of when they arise, until such debts or delinquencies are paid in full.

4.3.5 State Auditor’s Office. Respondent understands that acceptance of funds under a resultant agreement constitutes acceptance of the authority of the Texas State Auditor's Office, or any successor agency (collectively, “Auditor”), to conduct an audit or investigation in connection with those funds pursuant to Section 51.9335(c), Texas Education Code. Respondent agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation, providing all records requested. Respondent will include this provision in all contracts with permitted subcontractors.

4.3.6 Entire Agreement. Any resultant agreement constitutes the sole agreement of the parties and supersedes any other oral or written understanding or agreement pertaining to the subject matter of a resultant agreement. A resultant agreement may not be amended or otherwise altered except upon the written agreement of both parties.

4.3.7 Severability. If any provisions of a resultant agreement are rendered or declared illegal for any reason, or shall be invalid or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for whose benefit it was intended the fullest benefit commensurate with making a resultant agreement, as modified, enforceable, and the remainder of a resultant agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law.

4.3.8 Force Majeure. Neither party will be in breach of its obligations under any resultant agreement (other than payment obligations for services received up to Force Majeure event) or incur any liability to the other party for any losses or damages of any nature whatsoever incurred or suffered by that other party if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure (as defined below), except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure had not occurred. “Force Majeure” is defined as: 1) acts of God; 2) war; 3) act(s) of terrorism; 4) fires;

5) explosions; 6) natural disasters, to include without limitation, hurricanes, floods, and tornadoes; 7) failure of transportation; 8) strike(s); 9) loss or shortage of transportation

East Texas A&M University RFQ-26-0001 Page 16 of 21 facilities; 10) lockout, or commandeering of materials, products, plants or facilities by the government or other order (both federal and state); 11) interruptions by government or court orders (both federal and state); 12) present and future orders of any regulatory body having proper jurisdiction; 13) civil disturbances, to include without limitation, riots, rebellions, and insurrections; 14) epidemic(s), pandemic(s), or other national, state, or regional emergency(ies); and 15) any other cause not enumerated in this provision, but which is beyond the reasonable control of the party whose performance is affected and which by the exercise of all reasonable due diligence, such party is unable to overcome. Such excuse from performance will be effective only to the extent and duration of the Force Majeure event(s) causing the failure or delay in performance and provided that the affected party has not caused such Force Majeure event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such Force Majeure event(s) and to perform the obligation(s). Written notice of a party’s failure or delay in performance due to Force Majeure must be given within a reasonable time after its occurrence and must describe the Force Majeure event(s) and the actions taken to minimize the impact of such Force Majeure event(s). Notwithstanding the foregoing, a party’s financial inability to perform its obligations shall in no event constitute a Force Majeure. For the avoidance of doubt, COVID-19 and any governmental changes or closures related thereto shall be deemed Force Majeure events under this Section, even to the extent reasonably foreseeable by either party as of the Effective Date.

4.3.9 Loss of Funding. Performance by ETAMU under a resultant agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the “Legislature”). If the Legislature fails to appropriate or allot the necessary funds, ETAMU will issue written notice to Respondent and ETAMU may terminate a resultant agreement without further duty or obligation hereunder. Respondent acknowledges that appropriation of funds is beyond the control of ETAMU.

4.3.10 Governing Law. The validity of a resultant agreement and all matters pertaining to a resultant agreement, including but not limited to, matters of performance, non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas.

4.3.11 Venue. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against ETAMU shall be in the county in which the primary office of the chief executive officer of ETAMU is located, which is Hunt County, Texas.

4.3.12 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, sexual orientation, disability, genetic information, veterans status or gender identity as 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, Respondents certify that they will conform to the provisions of the Federal Civil Rights Action of 1964, as amended.

4.3.13 Conflict of Interest. By executing a resultant agreement, Respondent and each person signing on behalf of Respondent certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The A&M System or The A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The A&M System, has direct or indirect financial interest in the award of this RFQ, or in the services to which this RFQ relates, or in any of the profits, real or potential, thereof.

4.3.14 Prohibition on Contracts with Companies Boycotting Israel. To the extent that Texas Government Code, Chapter 2271 is applicable to a resulant agreement, the Respondent certifies it does not and will not, during the performance of any resultant agreement, boycott Israel.

Respondent acknowledges any resultant agreement may be terminated if this certification is or becomes inaccurate.

East Texas A&M University RFQ-26-0001 Page 17 of 21

4.3.15 Certification Regarding Business with Certain Countries and Organizations. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Respondent certifies it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Respondent acknowledges that any resultant agreement may be terminated if this certification is or becomes inaccurate.

4.3.16 Prohibition on Contracts Related to Persons Involved in Human Trafficking. Under Section 2155.0061, Government Code, the vendor certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract and acknowledges that any resultant agreement may be terminated and payment withheld if this certification is inaccurate.

4.3.17 Executive Order GA-48 Certification. Respondent certifies that pursuant to Executive Order GA-48, Hardening of State Government, Respondent is not and, if applicable, none of its holding companies or subsidiaries are a) listed in Section 889 of the 2019 National Defense Authorization Act (“NDAA”) regarding telecommunications and video surveillance; b) listed in Section 1260H of the 2021 NDAA regarding Chinese military companies in the US; c) owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4 (“15 C.F.R. § 791.4 List”); or d) controlled by any governing or regulatory body located in a country on the 15 C.F.R. § 791.4 List. Respondent acknowledges that a false certification is grounds for immediate termination of any resulting contract or purchase order with no further obligation on the part of A&M System.

4.3.18 Records Retention. Respondent will preserve all contracting information, as defined under Texas Government Code, Section 552.003 (7), related to any resultant agreement for the duration of the Agreement and for seven years after the conclusion of the resultant agreement.

4.3.19 Immigration Reform and Control Act of 1986. By submitting a statement of qualification, the Respondent certifies that it does not and will not, during the performance of the resulting agreement, employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

4.3.20 Debarment Status. By submitting a statement of qualification, 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.

4.3.21 Modification of Service. ETAMU reserves the right to modify the services during the course of any resultant agreement. Any changes in pricing and rates proposed by the Respondent resulting from such changes are subject to acceptance by ETAMU. In the event prices and rates cannot be negotiated to the satisfaction of both parties, any resultant agreement may be terminated by ETAMU.

4.3.22 Publicity. Respondents must refrain from giving any reference to this project, whether in the form of press releases, brochures, photographic coverage, or verbal announcements, without specific written approval from ETAMU.

4.3.23 Ownership of Documents. Upon completion or termination of any resultant agreement, all documents prepared by the Respondent for the benefit of ETAMU shall become the property of ETAMU. ETAMU acknowledges that the documents are prepared only for the contracted services specified. Prior to completion of the contracted services, ETAMU shall have a recognized proprietary interest in the work product of the Respondent.

4.3.24 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…