Range_LOS_Spraying_RFP_FY25.pdf

Auburn University Request for Proposal

Herbicide Application to Restore Line-of-Sight on Military Ranges at Fort Benning, Georgia

TABLE OF CONTENTS

Page Section I: Request for Proposal 2

Statement of Purpose 2 Scope of Work 2

1. General 2

1.1. Description of Services/Introduction 2

1.2. Scheduling of Services 2

1.3. Work Area 2

1.4. Service Provider Qualifications 2

1.5. Recordkeeping 3

1.6. Quality Control/ Quality Assurance 3

1.7. Hours of Work 4

1.8. Period of Performance 4

1.9. Work Period 4

1.10. Security Requirements 4

1.11. Project Manager 4

1.12. Pesticide Safety 5

1.13. Service Provider Vehicles 5

1.14. Use of a Subcontractor 5

2. Government Furnished Items and Services 6

2.1. Map 6

2.2. Shapefiles 6

3. Service Provider Furnished Services 6

3.1. General 6

3.2. KLSF Aircraft Landing Permit Information 6

4. Specific Tasks 6

4.1. Kick-off Meeting 6

4.1. Pesticide Treatment Rates and Application 6

4.2. Pesticide Disposal 7

4.3. NPDES Permit 7

5. Exhibits for Treatment Areas 7 Exhibits 1 – 14 9 Section II: Instructions to Proposers 24 Section III: Form of Proposal 25 Section IV: Evaluation Criteria 26 ATTACHMENT A – Pricing Sheet 27 ATTACHMENT B – Insurance Addendum 28

Section I. Request for Proposal

Statement of Purpose

Auburn University is seeking to contract with a service provider capable of supplying aerial herbicide spraying services at Fort Benning, Georgia. The objective of the contract is to complete the tasks as outlined in the Scope of Work. These include applying herbicides with rotary wing aircraft for the control of vegetation in accordance with the herbicide label and all other Federal and State of Georgia pesticide application laws and regulations.

Scope of work

1. GENERAL:

1.1. DESCRIPTION OF SERVICES/INTRODUCTION: The service provider shall furnish all labor, equipment, and supplies to perform all work required for this contract consisting of applying herbicide with rotary wing aircraft for the control of vegetation impeding the line-of-sight (LOS) on 14 live fire ranges in accordance with the pesticide label and all Federal and State of Georgia pesticide application laws and regulations. The herbicide treatment area for LOS control will encompass a total of 764 acres dispersed throughout the 182,000 acre Fort Benning Military Reservation.

1.2. SCHEDULING OF SERVICES: The ITAM Coordinator in coordination with Natural Resources Management Branch personnel will schedule the Contractor's chemical application operations with Range Division, DPTMS, in order to prevent interference with military training (POC: George Benning; 706-566-1408). The IGSA Technical Representative (TR) is Stephen Hudson, Supervisory Natural Resource Specialist, Natural Resources Management Branch, (706) 544-7075.

1.3. WORK AREA: All work described below shall be accomplished within areas located on the Fort Benning Military Reservation. The treatment area is expected to include some aquatic sites or drainages. The sites will vary in size from 0.2 to 161.4 acres. The locations and boundaries of the areas to be treated will be provided to the contractor as georeferenced shapefiles, and delivered by the IGSA TR. The work area shall be cleared of any containers, litter, or solid waste deposited by the Contractor on a daily basis.

1.4. SERVICE PROVIDER QUALIFICATIONS: The service provider shall be responsible for obtaining all necessary licenses, certifications, and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations in connection with the use of pesticides under this contract.

1.4.1. The service provider personnel performing work under this TO shall be U.S. citizens.

1.4.2. The service provider personnel performing work under this TO shall be able to read, write, speak, and understand the English language to effectively carry out all TO requirements. They shall have a command of both the written and spoken English language to communicate in person properly clearly, and effectively or via electronic devices (telephone or Email) with co-workers, customers, and the public.

1.4.3. All employees working on Fort Benning must pass a NCIC (National Crime Information Center) Level II background check. No employees with prior felonies or three misdemeanors, excluding routine traffic violations, within the past five years will be granted access to Fort Belvoir. All service providers personnel shall be U.S. citizens and legal to work in the United States.

1.4.4. Special License Requirements: The service provider shall possess a Georgia Pesticide Contractor’s License. All service provider personnel engaged in the selection, mixing, and application of pesticides on Fort Benning must possess a Commercial Applicator’s License issued by the Georgia Department of Agriculture.

1.4.5. Submittals: A copy of the Georgia Pesticide Contractor’s License and a Commercial Applicator’s License for each respective on-site employee shall be submitted with the proposal. The trade name and EPA registration number for each pesticide to be used by the Contractor, or a PDF copy of the label, shall be submitted with the proposal.

1.5. RECORDKEEPING: The service provider shall maintain true and accurate records of all pesticides applied under this contract. Data from different dates or locations shall not be combined into a single entry. Records shall include the following information:

(a) Date and time of application.

(b) Name and certification number of applicator.

(c) Location of application site.

(d) Crop or target to which applied.

(e) Size of area treated (acreage or square feet) and application rate.

(f) Total amount of pesticide concentrate applied and tank-mix concentration or volume.

(g) Pesticide trade name, EPA Registration Number. and active ingredient.

(h) Type of equipment used.

(i) Notation of any unexpected occurrence at or during application, such as spillage, exposure of humans or non-target animals, or drift, and any corrective or emergency action taken.

(j) Names, concentrations, and quantities of all pesticides disposed of and the manner of disposition.

Records shall be maintained for a period of two (2) years. On a monthly basis, a record of all pesticide applications completed during the prior month shall be reported to Auburn and the Fort Benning TR. The report shall be submitted no later than the fifth workday of each month.

1.6. QUALITY CONTROL/QUALITY ASSURANCE:

1.6.1. Quality Control: The service provider shall maintain an inspection system which shall identify deficiencies in the quality of services performed before the level of performance becomes unacceptable.

1.6.2. Quality Assurance: Auburn and the Government will monitor the service provider's performance and inspections will be performed by Integrated Training Area Management (ITAM) personnel to ensure compliance with the Performance Work Statement. Auburn and the

Government will monitor and evaluate the service provider's performance under this agreement by 100% inspection of services.

1.6.3. QA/QC Deliverables: The service provider shall provide maps of the target areas and flight logs illustrating the flight paths. As well as, an application report, generated by the service provider, that documents the total amount of chemical used and application rate.

1.7. HOURS OF WORK: Work under this contract shall be performed during the hours 0600 to 2200, Monday through Friday, weekends, and legal Federal holidays. Any exceptions to this schedule must have prior approval from the IGSA TR.

1.8. PERIOD OF PERFORMANCE: 1 July 2025 to 31 October 2025. All pesticide treatments must occur during the Work Period described in section 1.9 below.

1.9. WORK PERIOD: Pesticide application shall be conducted between the dates of 01, 02, 03 August 2025; 08, 09, 10 August 2025; 15, 16, 17 August 2025; 22, 23, 24 August 2025; 29, 30, 31 August and 01 September 2025; and 05, 06, 07 September 2025; 12, 13, 14 September 2025;

19, 20, 21 September 2025; or 26, 27, 28 September 2025.

1.10. SECURITY REQUIREMENTS: The service provider shall comply with Government personal identity verification procedures implemented in Homeland Security Presidential Directive (HSPD) – 12, Office of Management and Budget (OMB) Guidance M-05-24, and Federal Information Processing Standards Publication (FISP PUB) number 201. The service provider and all associated sub-partner employees shall comply with applicable Installation, facility and area commander Installation/facility access and local security policies and procedures provided by government representative. The service provider shall also provide all information required for background checks to meet Installation access requirements to be accomplished by Installation Provost Marshal Office, Director of Emergency Services or Security Office. Partner workforce shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this Agreement, should the Force Protection Condition (FPCON) at any individual facility or Installation change, the Government may require changes in the service provider security matters or processes.

1.11. PROJECT MANAGER: The service provider shall provide an on-site project manager or a designated representative to be physically present during the normal hours of operation to act with full authority for the service provider. This individual shall be responsible for the supervision, overall administration, and coordination of the required services. The project manager shall be the point of contact with Auburn and the Government and have the authority to act or make decisions for the service provider. The project manager shall be named and their qualifications listed in the project proposal.

1.11.1. Alternate Project Manager: An alternate shall be designated to act for the project manager when work is being performed at hours other than as listed above or during absences such as illness, vacation, etc.

1.12. PESTICIDE SAFETY: The service provider shall be responsible for complying with all applicable Federal, State, and/or municipal laws, codes, and regulations regarding the safety of personnel during the use of pesticides under this contract.

1.12.1. Training: The service provider shall be aware of and conduct training for all employees in the safety requirements for the handling, transportation, storage, mixing, application, and disposal of pesticides. The service provider shall train each applicator in the proper use of PPE and to apply pesticides in the safest manner for protection of personnel and the environment.

1.12.2. PPE: Personnel handling pesticides shall wear protective clothing and/or equipment as recommended by the pesticide manufacturer.

1.12.3. Safety Data Sheets: The service provider shall possess a copy of the manufacturer’s SDS for each pesticide product in their vehicles while on Fort Benning.

1.13. SERVICE PROVIDER VEHICLES: The service provider’s vehicles shall be clearly marked with the company logo and pesticide warning placards in accordance with DOT Hazmat Regulation Code of Federal Regulations (CFR) parts 100-185. Additionally, the transportation of pesticides used on this contract shall be in strict accordance with label instructions and the generally approved and accepted procedures for safe transportation of pesticides.

1.13.1. Spill Kit: Each service provider vehicle shall be equipped with a spill kit capable of responding to a spill of the quantity of pesticides contained in the vehicle.

1.14. USE OF SUBCONTRACTOR: If the service provider submitting the proposal plans to subcontract any or all the work to be performed, the subcontractor, and their personnel, must be included as part of the proposal in the following ways. In the RFP response, the proposer must name the subcontractor planning to be used, provide the name and contact information for the company/organization, include the names and copies of pesticide licenses for each employee of the subcontractor planning to work on the tasks, and provide a list of other similar projects the subcontractor has completed along with references. A project manager must be provided to represent the subcontractor, who must follow all specifications and qualifications outlined in the Project Manager section above. If the proposer fails to provide any information on subcontractors in their proposal, it will be assumed that the proposer will be completing the specific tasks. No subcontractor not included in the original proposal will be approved by Auburn to complete the specific tasks. Subcontractors will be subject to all terms and conditions of this Scope of Work.

2. GOVERNMENT FURNISHED PROPERTY AND SERVICES

2.1. MAP: A Fort Benning Installation map, 1:50,000 scale, shall be provided to the service provider.

2.2. SHAPEFILES: Aviation route, navigation aids, reporting points, air boxes, and target areas (treatment areas) will be provided.

3. SERVICE PROVIDER FURNISHED SERVICES

3.1. GENERAL: The service provider shall supply all labor, supplies, and equipment necessary to perform the services described herein.

3.2. KLSF Civil Aircraft Landing Permit and Other Information (POC: Rick Ivey: 706-575- 8300)

3.2.1. Civil Aircraft Certificate of Insurance Form (DD Form 2400)

3.2.2. Civil Aircraft Landing Permit Form (DD Form 2401)

3.2.3. Civil Aircraft Hold Harmless Agreement Form (DD Form 2402)

3.2.4. Location of where the helicopter will be flying in

3.2.5. Plan on storage overnight

3.2.6. Name of Local/Private Airport Utilized

3.2.7. Communication equipment capable of utilizing frequency 126.2

4. SPECIFIC TASKS TO BE PERFORMED

4.1. KICK OFF MEETING: The service provider shall attend a project kick-off meeting in July on-site at Fort Benning. The purpose of the meeting will be to discuss the planning and herbicide operations and ensure all parties are in agreement with the schedule of events, roles and responsibilities.

4.2. PESTICIDE TREATMENT RATES AND APPLICATION

4.2.1. Aerial Pesticide Treatment Rates (Aquatic Imazapyr and Aquatic Glyphosate): A tank mixture of 32 ounces of aquatic labeled Imazapyr (4lb/gal concentrate) and aquatic labeled glyphosate (4lb/gal of the acid, glyphosate) plus 0.5% non-ionic surfactant by volume will be applied per acre in 5-15 gallons of water on 764 acres. Any deviations to chemicals or rates must be submitted in writing to the IGSA TR and approved prior to the start of the performance period.

4.2.2. Aerial Pesticide Application: Pesticides shall be applied by aerial application in accordance with aerial spray drift management requirements. An even distribution of product is required. Herbicides will not be applied during inclement weather. To preclude drift of herbicide from treatment sites, ground-level wind velocity cannot exceed 10 miles per hour, or as specified on product label.

4.3. PESTICIDE DISPOSAL: Disposal of unused pesticide and/or pesticide containers shall be in accordance with the label specifications. The service provider shall not be permitted to dispose of any pesticide, pesticide wastes, or pesticide containers at any location on the Installation. All disposal costs will be at the service provider’s expense.

4.4. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT:

This “area-wide” herbicide application on Fort Benning will be conducted in accordance with the requirements of the State of Georgia “General Permit for Discharges from Pesticide Application” (GAG820000 - effective 1 August 2021). The PGP does not require the applicator to determine whether “U.S. Waters” are affected by the project; rather, it establishes a threshold (GA – 6,400 acres) below which the applicator may operate largely by following industry-accepted work practices. For operations that do not exceed Permit thresholds, the partner will implement site-specific control measures to minimize the discharge of pollutants resulting from application of pesticides to waters of the State to the extent achievable using best management practices that are technologically available and economically practicable and achievable, as described in Part II.A.1. of the permit.

Historically, area-wide pesticide application on Fort Benning has not exceeded PGP thresholds;

however, the IPMC must be able to track the Installation’s total treatment area acreage for PGP compliance purposes. Accordingly, upon completion of each episode of herbicide application under this project, the service provider must immediately record treatment area acreage in the pest management report and forward the report to the IGSA TR.

Fort Benning Integrated Pest Management Coordinator (IPMC) (POC: Jeffery Hutcherson; 706- 544-7070). Any delay in recording treatment acreage may compromise PGP requirements to submit a Notice of Intent (NOI) within 30 days of exceeding a threshold. Treatment areas identified in this agreement include surface water features, floodplains, and wetlands based on the best available information (e.g. National Wetlands Inventory, FEMA data, Fort Benning GIS databases, etc.). The pesticides identified for use in this PWS are all approved for use in aquatic environments.

5. EXHIBITS FOR TREATMENT AREAS

5.1.Brooks Range Aerial Herbicide Application Areas (20.7 ac.)

5.2.Burroughs Range Aerial Herbicide Application Areas (8.03 ac.)

5.3. Carmouche Aerial Herbicide Application Areas (111.8 ac.)

5.4. Coolidge LAAR Aerial Herbicide Application Areas (2.7 ac.)

5.5. Coolidge Left Aerial Herbicide Application Area (13.7 ac.)

5.6. Digital Multi-Purpose Range Complex Aerial Herbicide Application Areas (283.4 ac.)

5.7. Hastings Range Aerial Herbicide Application Area (161.4 ac.)

5.8. Holcomb Range Aerial Application Areas (8.7 ac.)

5.9.Lambers Range Aerial Application Area (11.3 ac.)

5.10. Patton Range Aerial Application Areas (5.8 ac.)

5.11. Ruth Range Aerial Herbicide Application Areas (66.3 ac.)

5.12. Skidgel Range Aerial Application Area (10.0 ac.)

5.13. Ware Range Aerial Herbicide Application Areas (37.7 ac.)

5.14. Warner Range Aerial Herbicide Application Area (22.23 ac.)

PAGE INTENTIONALLY LEFT BLANK

Exhibit 1 – Brooks Range Aerial Herbicide Application Areas – 20.7 acres (red hash mark)

Exhibit 2 – Burroughs Range Aerial Herbicide Application Area – 8.03 acres (red hash mark)

Exhibit 3 – Carmouche Range Aerial Herbicide Application Areas – 111.8 acres (red hash mark)

Exhibit 4 – Coolidge LAAR Range Aerial Herbicide Application Areas – 2.7 acres (red hash mark)

Exhibit 5 – Coolidge Left Range Aerial Herbicide Application Area – 13.7 acres (red hash mark)

Exhibit 6 – Digital Multi-Purpose Range Complex (DMPRC) Aerial Herbicide Application Areas – 283.4 acres (red hash mark)

Exhibit 7 – Hastings Range Aerial Herbicide Application Area – 161.4 acres (red hash mark)

Exhibit 8 – Holcomb Range Aerial Herbicide Application Areas – 8.7 acres (red hash mark)

Exhibit 9 – Lambers Range Aerial Herbicide Application Area – 11.3 acres (red hash mark)

Exhibit 10 – Patton Range Aerial Herbicide Application Areas – 5.8 acres (red hash mark)

Exhibit 11 – Ruth Range Aerial Herbicide Application Areas – 66.3 acres (red hash mark)

Exhibit 12 – Skidgel Range Aerial Herbicide Application Area – 10.0 acres (red hash mark)

Exhibit 13 – Ware Range Aerial Herbicide Application Areas – 37.7 acres (red hash mark)

Exhibit 14 – Warner Range Aerial Herbicide Application Area – 22.23 acres (red hash mark)

Section II. Instructions to Proposers

Proposal Response

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

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

• All bids are to be "F.O.B. Destination - Freight Prepaid and Allowed."

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

SUBMITTING THIS BID, THE BIDDER IS HEREBY CERTIFYING THAT THEY

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

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

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

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

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

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

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

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

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

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

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

Section III. Form of Proposal

Proposal Format

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

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

Elements of Proposal Response (all must be present to be considered complete)

• RFP Response o Describe, in detail, how the proposer plans to successfully complete the tasks listed in section 4 and address the University’s requirements. This section should, at a minimum, describe the number of personnel expected to complete the tasks, list the equipment that will be used, and provide the exact herbicide and surfactant the proposer plans to use along with other pertinent details of the operation.

o A copy of the labels for each chemical the proposer plans to use during the operation.

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

o A copy of Georgia Pesticide Contractor’s License and Commercial

Applicator’s License for each respective employee planned to work on the operation.

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

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

• Pricing o Official Bid Price Sheet (See Attachment A-Price Sheet)

Section IV. Evaluation Criteria

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

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

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

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

• Individuals from the Auburn University Office of Information Technology and Athletics Department will form the evaluation committee for this RFP. The University shall determine the award after evaluating each response on the following points.

1. Pricing – 50%

• Supplier having the lowest overall cost in dollars.

2. History and Past Performance – 40%

• Relevant experience

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

• References

3. Complete/Thorough Proposal – 10%

• Submitting a proposal containing the information asked for in Section 3.

• Understanding the nature of the services

• The supplier’s compliance with all requirements of the RFP specifications

• The supplier’s proposed commitment to its relationship with the University and its customers.

Attachment A – Pricing Sheet

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

Task Category Cost ($) Line of Sight Herbicide Treatment as stated in Specific Tasks

Labor Equipment Materials/Supplies Travel

Subcontractor Total

Attachment B- Insurance Addendum

Within forty-eight (48) hours after bid or PO is submitted to the supplier, the apparent low bidder must submit an approved Insurance Certificate to the Owner. The Contractor shall procure at its own expense and maintain without interruption during the entire term of this contract, insurance of the kinds and limits listed hereunder. Insurance Services Office, Inc.

(ISO), or industry equivalent, Certificates of Insurance, and Additional Insured Endorsements issued by the contractor’s insurance carrier shall be furnished to Auburn University before beginning work and shall include the following additional insured endorsement:

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

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

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

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

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

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

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

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

b. Commercial General Liability Insurance:

i. $1,000,000 each accident

ii. $1,000,000 each employee

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

1. Each Occurrence $1,000,000

2. General Aggregate $2,000,000

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

4. Contractual Liability $1,000,000

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

6. Damage to Rented Premises $100,000

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

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

c. Commercial Automobile Liability Insurance:

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

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

1. Combined Single Limit $1,000,000

d. Commercial Umbrella/Excess Liability Insurance:

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

e. Environmental Liability Insurance:

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

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

1. Each Claim $1,000,000

2. Annual Aggregate $2,000,000

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

f. Professional Liability Insurance:

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

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

1. Each Claim $1,000,000

2. Annual Aggregate $3,000,000

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

g. Policy Providers:

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

Best’s rating of A-, Class V.

h. Notification Endorsement:

i. Each policy shall be endorsed to provide that the insurance company agrees that the policy shall not be canceled, materially changed, allowed to lapse, or allowed to expire until Auburn University has received thirty (30) days of written notice.

Renewal certificated shall be sent to Auburn University within five (5) days following the renewalor any expiration date of coverage.

i. Deductibles:

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

j. Waiver of Subrogation:

Unless precluded by law, Auburn University and Contractor waive all rights against (1) each other and any of their subcontractors, sub-contractors, agents, and employees, each of the other, and (2) the Architect, Architect’s consultants, separate contractors performing construction or operations related to the Project, if any, and any of their subcontractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss. But said waiver shall apply only to the extent the loos or damage is covered by builder’s risk insurance applicable to the Work or to other property located within or adjacent to the Project, except such rights as they may have to proceeds of such insurance held by the Owner or Contractor as fiduciary. Auburn University or Contractor, as appropriate, shall require of the Architect, Architect’s consultants, separate contractors, if any, and the subcontractor, sub- subcontractors, suppliers, agents, and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of the other parties enumerated herein.

The Policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to the person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly, or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. The waivers provided for in this paragraph shall not be applicable to loss or damage that occurs after final acceptance of the Work.

k. Impairment of Liability:

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

l. Duty to Provide Copies of Insurance Policies:

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

m. Notice of Incident:

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

n. Indemnity Provisions:

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

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

Supplier Name

Supplier Contact

Signature

Date

"Auburn University, its Board of Trustees (individually and collectively), Administrators, Faculty, Designer of Record, Alabama Department of Finance, Division of Construction Management (DCM), Staff, Employees, and Agents are named as additional insu...