ESBD_File_349144_Attachments for RFP-WT24-0002.pdf

ATTACHMENT A

Execution of Offer

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

A.1 Respondent Affirmation

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE

This execution of office must be completed, signed and returned with the respondent’s response to this RFP. Failure to sign and return the completed form will result in rejection of the submission.

Signing a false statement may void the submittal or any agreements or other contractual arrangments, which may results from the submittal. A false certification shall be deemed a material breach of contract and, at owner’s option, may result in termination of any resulting contract or purchase order.

Addenda Acknowledgement

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

No. 1 ____________ Date__________

No. 2 ____________ Date__________

A.2 Signature

By signing below, the Respondent understands and agrees to the Terms and Conditions as written in this Request for Proposal. The Respondents sigagnature below also hereby certifies as follows, and acknowleges that such certificats will be included in any resulting contract:

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

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

iii. the individual signed this document and the documents made part of the RFP is authorized to sign such documents on behalf of the respondent and to bind the respondent under any contract which may result from the submission of the response;

iv. no relationship, whether as a relative, business associate, by capital funding agreement or b any other such kinships exists between respondent and an employer of TAMUS;

v. respondent has not been an employee of TAMUS within the immediate twelve (12) months prior to the RFP response;

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

Section 2155.004 Texas Government Code);

vii. all services to be provided in response to this RFP will meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health law (Public Law 91-596) and its regulations in effect as of the date of this solicitation;

viii. respondent complies with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action;

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

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

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

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

xiii. under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.

xiv. the requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this bid and resultant agreement and the PROVIDER agrees that the resultant agreement can be terminated if the PROVIDER knowingly or intentionally fails to comply with a requirement of that subchapter.

xv. Respondent should give Payee Identification Number (PIN), full firm name and address of Vendor. The PIN is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. Enter this number in the spaces provided on the Execution of Offer.

Payee Identification Number (PIN):

Sole Owner should enter Social Security Number:

Venor/Company

Signature (INK):

Name:

Title:

Street:

City/State/Zip:

Telephone Number:

Fax No:

E-mail:

ATTACHMENT B

Non-Collusion Affidavit

Failure to sign and return the completed form will result in rejection of the submission.

The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in the submission of the foregoing Proposal (such persons, firms and corporations hereinafter being referred to as the "RESPONDENT"), being duly sworn, on his or her oath, states that to the best of his or her belief and knowledge no person, firm or corporation, nor any person duly representing the same joining and participating in the submission of the foregoing Proposal, has directly or indirectly entered into any agreement or arrangement with any other RESPONDENTS, or with any official of TAMUS or any employee thereof, or any person, firm or corporation under contract with TAMUS whereby the RESPONDENT, in order to induce acceptance of the foregoing Proposal by said TAMUS, has paid or is to pay to any other RESPONDENT or to any of the aforementioned persons anything of value whatever, and that the RESPONDENT has not, directly or indirectly entered into any arrangement or agreement with any other RESPONDENT or RESPONDENTS which tends to or does lessen or destroy free competition in the letting of the contract sought for by the foregoing Proposal.

The RESPONDENT hereby certifies that neither it, its officers, partners, owners, providers, representatives, employees and parties in interest, including the affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, potential RESPONDENT, firm or person, in connection with this solicitation, to submit a collusive or sham bid, to refrain from bidding, to manipulate or ascertain the price(s) of other RESPONDENTS or potential RESPONDENTS, or to obtain through any unlawful act an advantage over other RESPONDENTS or TAMUS.

The prices submitted herein have been arrived at in an entirely independent and lawful manner by the RESPONDENT without consultation with other RESPONDENTS or potential RESPONDENTS or foreknowledge of the prices to be submitted in response to this solicitation by other RESPONDENTS or potential RESPONDENTS on the part of the RESPONDENT, its officers, partners, owners, providers, representatives, employees or parties in interest, including the affiant.

CONFLICT OF INTEREST

The undersigned RESPONDENT and each person signing on behalf of the RESPONDENT certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no member of TAMUS, nor any employee, or person, whose salary is payable in whole or in part by TAMUS, has a direct or indirect financial interest in the award of this Proposal, or in the services to which this Proposal relates, or in any of the profits, real or potential, thereof, except as noted otherwise herein.

Signature ____________________________________________

Company Name ____________________________________________

Date _______________________

Subscribed and sworn to before me this

__________ day of ________________, 20___.

Notary Public in and for the County of _____________________________, State of ___________________. My commission expires: __________________________

ATTACHMENT C

Felony Conviction Notice

Failure to sign and return the completed form will result in rejection of the submission.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Supplier’s Name: _____________________________________________________________________

Authorized company official’s name (printed):

Date:

Please choose one, per the below listed criteria:

1. My firm is not owned or operated by anyone who has been convicted of a felony:

Company Representative-Printed Name Signature

2. My firm is owned or operated by an individual(s) who has/have been convicted of a felony:

Name of felon(s)

Reason for conviction:

Information submitted by: Print Name Signature

3. This company is a publicly held Corporation; therefore, we are exempt from this requirement.

Company Representative-Printed Name Signature

ATTACHMENT D

Insurance Requirements

A. [ Vendor] shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. 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 WTAMU. By requiring such minimum insurance, the WTAMU shall not be deemed or construed to have assessed the risk that may be applicable to [Vendor] under this Agreement. [Vendor] shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. [Vendor] is not relieved of any liability or other obligations assumed pursuant to this 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 WTAMU at least ten days before the effective date of the cancellation.

1. Worker’s Compensation

Worker’s compensation insurance with the following minimum limits of coverage:

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 [System Member]. Workers’ compensation insurance is required, and no “alternative” forms of insurance will be permitted.

If this coverage is waived by System Risk Management, [Vendor], his/her employees and subcontractors must sign a hold harmless and indemnification agreement.

2. 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.

3. Commercial General Liability

Commercial general liability insurance with the following minimum limits of coverage:

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 The required commercial general liability policy must be issued on a form that insures [Vendor’s] or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.

4. Umbrella Liability Insurance $5,000,000

5. Cyber Liability

Contractor shall procure and maintain, for the duration of this Agreement and for such length of time as is necessary to cover any and all claims, cyber liability insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The cyber liability policy shall be sufficiently broad to cover Contractor’s duties and obligations under this Agreement and include coverage for claims involving: invasion of privacy; loss, damage, theft, alteration or other misuse of data; unauthorized exposure or breach of data; privacy event expenses such as mandatory/voluntary notification costs, credit monitoring, call center services, forensic costs, and any other fees, costs, or expenses necessary to comply with any applicable breach notification laws; privacy regulatory proceedings (including fines and penalties); cyber extortion payments; and network security.

6. 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 [Vendor] and its subcontractors under this Agreement. Renewal policies written on a claims-made basis will maintain the same retroactive date as in effect at the inception of this Agreement. If coverage is written on a claims-made basis, [Vendor] 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 two (2) years after the expiration of cancellation of this Agreement.

B. [Vendor] shall deliver to WTAMU evidence of insurance on a Texas Department of Insurance approved certificate form verifying the existence and actual limits of all insurance prior to the execution and delivery of this Agreement and prior to the performance of any services by [Vendor] under this Agreement. [Vendor] shall provide additional evidence of insurance 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.

C. Commercial General Liability and Auto Liability policies must be endorsed to name The Texas A&M

University System Board of Regents (“Board of Regents”), The Texas A&M University System (“A&M System”) and WTAMU as additional insureds up to the actual liability limits of the policies maintained by [Vendor]. The commercial general liability additional insured endorsements must include on-going and completed operations afforded by CG 20 10 (10 01 Edition or equivalent) and CG 20 37 (10 01 Edition or equivalent). Commercial general liability and business auto liability policies must be written on a primary and non-contributory basis. Copies of each endorsement must be submitted with the certificate of insurance. The Umbrella policy, at minimum, must follow form.

D. All insurance policies must be endorsed to provide a waiver of subrogation in favor of the Board of

Regents, A&M System and WTAMU.

E. All insurance policies will be endorsed to require the insurance carrier providing coverage to send notice to WTAMU ten (10) days prior to the effective date of cancellation, material change, or non-renewal relating to any insurance policy.

F. Any deductible or self-insured retention must be declared to and approved by WTAMU prior to the performance of any services by [Vendor] under this Agreement. [Vendor] shall pay any deductible or self-insured retention for any loss. All deductibles and self-insured retentions must be shown on the certificates of insurance.

G. Certificates of insurance and additional insured endorsements as required by this Agreement must be mailed or emailed to the following WTAMU contact:

WTAMU State University Attn: Jamin Tate

Buyer III WT Box 61001

Canyon TX 79016 jtate@wtamu.edu

H. The insurance coverage required by this Agreement must be kept in force until all services have been fully performed and accepted by WTAMU in writing.

ATTACHMENT F

Data Protection Questionnaire

The following must be answered and included in the RFP response:

1. What data do you collect and on whom?

2. How do you protect the data that you collect?

3. What data is shared with third parties?

4. What is your data retention policy?

5. What is your privacy policy, and how are users notified of changes to the policy?

6. How will users be notified in the event of a data breach?

7. If your product or service will be available in the EU, are you GDPR compliant?

ATTACHMENT G

VPAT

ATTCHMENT H

TX-RAMP

A. Cloud Computing Services.

As of the Effective Date, PROVIDER represents and warrants that it complies with the then-current requirements of the risk and authorization management program established by the Texas Department of Information Resources (“TX-RAMP”). Pursuant to Section 2054.0593, Texas Government Code, PROVIDER shall maintain RAMP compliance and certification, as may be amended from time to time, throughout the Term, including any renewal term of this Agreement. PROVIDER shall provide MEMBER with evidence of its TX-RAMP compliance and certification within thirty (30) days of MEMBER request and at least thirty (30) days prior to the start of any renewal term of this Agreement. In the event that PROVIDER fails to maintain TX-RAMP compliance and certification throughout the Term, including any Renewal Term, MEMBER may immediately terminate this Agreement, and PROVIDER will provide a refund to MEMBER of any prepaid fees.