REQUEST FOR QUALIFICATIONS

ADA Transition Plan Self-Evaluation and Barrier Removal/Transition Plan

EAST TEXAS A&M UNIVERSITY

PROJECT NO. RFQ-27-0002

DEADLINE FOR SUBMITTAL:

2:00 P.M., Wednesday, November 18, 2026

PROPOSALS SHALL BE UPLOADED TO:

https://dms.etamu.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 VetHUB 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 – VetHUB Participation Letter of Transmittal

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SECTION 1

GENERAL

1.1 Scope

East Texas A&M University (“ETAMU”) is soliciting statements of qualifications from firms (“Respondents”) with demonstrated expertise in ADA compliance for higher education campuses) to perform a comprehensive accessibility evaluation of campus facilities and develop a prioritized ADA Transition Plan (also known as a Self-Evaluation and Barrier Removal/Transition Plan). The goal is to identify barriers to access, recommend compliant solutions, estimate costs, and provide a multi-year implementation roadmap to achieve program accessibility under Title II of the ADA, Texas Accessibility Standards (TAS), and Section 504 of the Rehabilitation Act of 1973. The selected firm will work collaboratively with the University’s ADA Coordinator, Facilities Management, Campus Planning, Disability Services Office, and other stakeholders.

Expertise and qualifications shall be administered in accordance with the terms, conditions, and requirements set forth in this Request for Qualifications (RFQ). Any institution of higher education will have the option to utilize an agreement as a result of this competitive RFQ.

By submitting a response, each Respondent certifies that it understands this RFQ and has full knowledge of the scope, nature, quality, 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 the required services for ETAMU. 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

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Respondent shall furnish, as a part of the qualifications, a complete general description of experience in their respective fields.

By submitting qualifications, each Respondent certifies that it understands this RFQ and has full knowledge of the scope, nature, quality, 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 a successful project 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 select a single firm for the services defined in this RFQ. Should ETAMU, in its sole discretion, enter into an agreement with the successful Respondent 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 ADA compliance 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 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 26, 2026

Deadline to Submit Questions Respondent November 4, 2026

Release of Response to Questions ETAMU November 11, 2026

RFQ Responses Due Respondent November 18, 2026

Selection of Qualified Respondents ETAMU Months of November/December

Agreement Effective Date Both January 2027

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 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 2:00:00 p.m. Central Time (CDT), November 18, 2026, electronically via the following link https://dms.etamu.edu/Forms/Bid and fill in the appropriate information, including “RFQ-27-0002”. 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) VetHUB 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, VetHUB Participation 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. An agreement may not be executed with the awarded Respondent(s) until this document is fully signed and notarized.

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2.6 Inquiries and Interpretations

All technical and scope of work questions concerning this RFQ are to be directed to Travis A. Ball, Executive Director, Business Services & Chief Procurement Officer, in writing, at Travis.Ball@etamu.edu no later than June 29, 2026. 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 affect an interpretation or change to this RFQ 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 “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 select a single firm to perform the contract. ETAMU will base its choice on demonstrated competence, knowledge, and qualifications of the Respondent.

The Respondent 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 a single firm. ETAMU, at its sole discretion, may select as many firms as deemed to be in ETAMU’s best interest to be included 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 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 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 http://www.txsmartbuy.com/sp

East Texas A&M University RFQ-27-0002 Page 8 of 21 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

East Texas A&M University (“ETAMU”) is soliciting statements of qualifications from firms (“Respondents”) with demonstrated expertise in ADA compliance for higher education campuses) to perform a comprehensive accessibility evaluation of campus facilities and develop a prioritized ADA Transition Plan (also known as a Self-Evaluation and Barrier Removal/Transition Plan). The goal is to identify barriers to access, recommend compliant solutions, estimate costs, and provide a multi-year implementation roadmap to achieve program accessibility under Title II of the ADA, Texas Accessibility Standards (TAS), and Section 504 of the Rehabilitation Act of 1973. The selected firm will work collaboratively with the University’s ADA Coordinator, Facilities Management, Campus Planning, Disability Services Office, and other stakeholders.

3.2 Services Required

The firm selected shall provide the following services:

• Project Kick-off and Planning o Conduct an initial meeting with University stakeholders to review existing documentation

(prior assessments, transition plans, self-evaluations, barrier reports, capital plans, campus maps, etc.).

o Develop a detailed work plan, including methodology, schedule, team roles, stakeholder engagement process, and quality control measures.

o Identify the scope boundaries (e.g., all owned/operated buildings, parking lots, pathways, outdoor spaces, residence halls, athletic facilities, etc.; exclude leased spaces unless specified).

• Comprehensive Facility Accessibility Evaluation o Perform a detailed field survey of campus facilities using the 2010 ADA Standards as the primary reference (with cross-references to UFAS where applicable for legacy elements).

o Evaluate key elements including, but not limited to:

Accessible routes and paths of travel (exterior and interior) Site arrival points and entrances Parking (accessible spaces, access aisles, signage, van-accessible requirements) Curb ramps, sidewalks, crosswalks, and detectable warnings Elevators, platform lifts, and stairs Restrooms (lavatories, toilets, grab bars, turning space, door clearances) Drinking fountains and water coolers Door hardware, thresholds, maneuvering clearances, and opening force Signage (tactile/Braille, visual characters, wayfinding) Public telephones (where provided), service counters, and seating Classrooms, lecture halls, labs, libraries, dining facilities, and residence halls Assembly areas (auditoriums, stadiums, arenas) Athletic/recreational facilities and play areas Emergency egress and areas of refuge o Use accepted industry tools/methods (laser measurement, digital documentation, photography, checklists based on U.S. Access Board/ADA checklists).

o Document findings with photographs, measurements, location references (building/floor/room), deficiency descriptions, severity/priority ratings, and recommended remediation solutions (technical + cost-effective alternatives where full compliance is infeasible).

• Prioritization and Cost Estimating o Prioritize barriers based on:

Impact on program access (e.g., primary function areas first)

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DOJ recommended priorities: (1) accessible approach/entrance, (2) access to goods/services, (3) restrooms, (4) other measures

High-use/high-impact buildings (e.g., student union, libraries, admin buildings, residence halls)

Safety/liability concerns o Provide rough order of magnitude (ROM) cost estimates for remediation (broken down by building/element, with high/medium/low ranges).

o Identify opportunities for phased implementation, integration with planned renovations, and potential funding sources (e.g., capital projects, grants).

• Development of ADA Transition Plan o Prepare a formal ADA Transition Plan document that includes, at minimum:

Executive summary and legal background (Title II requirements) Methodology and limitations of the evaluation Inventory/summary of identified barriers (by category/building) Detailed action plan with recommended solutions, timelines (short/medium/long-term), responsible parties, and estimated costs Schedule for implementation (multi-year, e.g., 5–10 years) Policies/procedures for ongoing monitoring, barrier reporting (e.g., online form), and annual updates Designation of the University ADA Coordinator as responsible official Appendices: detailed survey data, photos, maps, cost estimates, glossary o Include recommendations for integration with ongoing campus planning, new construction/alterations compliance, and digital accessibility considerations (if relevant).

• Stakeholder Engagement and Public Input o Facilitate meetings with the ADA Advisory Committee, students/faculty/staff with disabilities, and disability organizations.

o Provide opportunities for public comment on draft findings and plan.

o Incorporate feedback into the final deliverables.

• Deliverables o Kick-off meeting summary and detailed work plan o Draft and final evaluation report (digital + printed copies; GIS-integrated if desired) o Prioritized barrier inventory spreadsheet/database o Comprehensive ADA Transition Plan document (executive version + technical version) o Presentation of findings to University leadership and stakeholders o Electronic files of all documentation (photos, measurements, etc.)

• Schedule and Milestones (example – to be adjusted) o Project kick-off: Within 4 weeks of contract o Field surveys complete: 4–8 months o Draft report/plan: 2 months after surveys o Final deliverables: 3 months after draft submission

• Qualifications and Requirements o Proven experience with ADA Title II compliance for higher education institutions

(references required) o Team must include registered architect(s) and/or accessibility specialist(s) with

Registered Accessibility Specialist (RAS) or similar certification o Knowledge of 2010 ADA Standards, UFAS, and state accessibility codes o Ability to provide cost estimates and phased planning expertise

3.3 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

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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.

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.

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3.5 VetHUB Participation Plan

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

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 VetHUB.

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

University VetHUB goal of 2% for professional services.

• Provide a sample solicitation notice letter that will be sent to VetHUB 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 VetHUB 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 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 Subcontracting Plan. The State of Texas Subcontracting Plan can be found at:

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

For information regarding the East Texas A&M University VetHUB Program and 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 Agreement, the vendor may be required to complete a revised subcontracting plan in full to identify the subcontractors needed for that specific project and the applicable percentages.

https://comptroller.texas.gov/purchasing/vendor/hub/forms.php

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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 $1,000,000 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.

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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 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

East Texas A&M University RFQ-27-0002 Page 16 of 21 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.

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.

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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 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.

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EXHIBIT A

EXECUTION OF…