RFP_Eisenhower_ForestryMulching (1).pdf

Auburn University Request for Proposal

FORESTRY MULCHING, FORT EISENHOWER, GEORGIA

TABLE OF CONTENTS

Page Section I: Request for Proposal 2

Statement of Purpose 2 Scope of Work 2

1. General 2

1.1. Background 2

1.2. Period of Performance 2

1.3. Hours of Operation 2

1.4. Security Requirements 2

2. Auburn Furnished Items and Responsibilities 2

2.1. General 2

2.2. Secret Facility Clearance 2

2.3. Materials 2

2.4. Equipment 3

2.5. Scheduling of Services 3

2.6. Kick Off Meeting 3

2.7. Special Requirements 3

3. Specific Tasks 4

3.1. Midstory Mulching 4

Section II: Instructions to Proposers 6 Section III: Form of Proposal 8 Section IV: Evaluation Criteria 8 ATTACHMENT A – Pricing Sheet 10 ATTACHMENT B – Insurance Addendum 11

Section I. Request for Proposal

Statement of Purpose

Auburn University is seeking to contract with a service provider capable of forestry mulching at Fort Eisenhower, Georgia in accordance with the Scope of Work. This contract will not start until summer (July) 2025.

Scope of Work

1.0 GENERAL. This is a non-personnel service task order to provide the natural resources treatments outlined in the Specific Tasks section. Service providers shall be accountable solely to Auburn who, in turn, is responsible to the Government.

1.1. Background. Fort Eisenhower is tasked with maintaining and enhancing the training lands for the sustainability of the military mission. One critical aspect of training lands sustainability is restoration of the longleaf pine forest ecosystem. Restoration of the longleaf pine forest on Fort Eisenhower involves multiple treatments in sequence to re-shape the vegetation community and improve ecosystem functioning.

1.2. Period of Performance: 1 July 2025 to 30 June 2026

1.3. Hours of Operation: Auburn and its service providers shall be responsible for conducting business between the hours of 7:30 am-5:00 pm Monday through Friday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings or similar government directed facility closings.

1.4. Security Requirements: Auburn and its service providers personnel shall comply with all applicable security and safety regulations, guidance, and procedures. Its service provider’s personnel shall provide all information required to meet installation access requirements.

2. AUBURN FURNISHED ITEMS AND RESPONSIBILITIES:

2.1. General: Auburn or its service provider shall furnish all supplies, equipment, facilities, and services required to perform work under this task order. Service providers shall have appropriate licenses or certifications for tasks they perform including Georgia Pesticide Applicators License, Commercial Driver's License, Georgia Class E or F non-commercial driver’s license.

2.2. Secret Facility Clearance: N\A

2.3. Materials: Auburn or its service provider shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS. Subcontracts will include any necessary materials and supplies to complete the work.

2.4. Equipment: Auburn or its service provider shall supply all needed equipment, supplies, PPE and shall provide sufficient vehicles to transport their employees to the field.

These vehicles should be able to operate on unimproved dirt roads and should be able to transport their equipment to the field. Typically, most work is completed by individuals and not in teams. Any service provider vehicles will be marked so that it is readily identifiable as service provider vehicle. Vehicles shall be kept reasonably clean and maintained in a sound mechanical condition. Service provider personnel will be certified by the service provider to operate any government owned vehicles or equipment. The service provider may provide heavy equipment required to meet the requirements of the PWS. The service provider may supply field sampling equipment to include laptop computers, computer tablets, GPS, as necessary to complete and record sampling tasks. This equipment and supplies will remain the property of the service provider.

2.5. Scheduling of Services: Fort Eisenhower Natural Resources (NRB) personnel will schedule the service providers operations with Range Control in order to prevent interference with military training. The service provider shall provide at least a 7-day notice to Fort Eisenhower Natural Resources personnel prior to commencing work so area scheduling can be arranged with Range Control.

2.6. Kick-Off Meeting: The service provider is required to attend a kick-off meeting at Fort Eisenhower, which will include NRB personnel and Auburn staff. The kick-off meeting will be scheduled by Fort Eisenhower within 21 days of the Period of Performance start date.

2.7. Special Requirements –

2.7.1. Treatment sites are located on Army training lands, so work activities must be compatible with the military mission and shall not disrupt training/maneuvering missions.

2.7.2. The service provider shall coordinate all field operations with the Fort Eisenhower NRB and the Fort Eisenhower DPTMS (Range Control).

2.7.3. The service provider shall notify the NRB, and Range Control daily as to the location of work activities. In addition, the service provider must contact the NRB as early as possible but no later than a week prior to field work commencing, so work sites can be reserved with the Fort Eisenhower Range Control office to avoid conflicts with military training activities.

2.7.4. All service provider personnel will be briefed on unexploded ordnance (UXO) safety before starting work. Certification of this training must be verified before any field work is initiated. Training will be arranged by the Natural Resources Branch at no cost to the service provider.

2.7.5. Entry into restricted areas and dudded impact areas is strictly prohibited.

2.7.6. Natural Resources Branch personnel will perform one final inspection and acceptance of all treatment sites to ensure compliance with the contract specifications and provisions.

2.7.7. All acreage will be computed by Fort Eisenhower using Global Positioning System (

GPS) equipment prior to initiation of the contract.

3.0 Specific Tasks:

3.1. Midstory Mulching: The service provider shall provide all labor, materials and the proper size & type of equipment to mulch woody vegetation up to 6 inches in diameter down to within 6 inches of ground level, on the United States Army Cyber Center of Excellence, Fort Eisenhower, Georgia. A minimum of 25 acres up to 400 acres may be mulched using the two treatments listed below.

Cut and mulch hardwood midstory to within 6" of the ground, without disturbing the native ground cover, for improving training lands within the longleaf wiregrass ecosystem of Fort Eisenhower. This type of habitat management will open up the forest to restore native ground cover to prevent erosion, allow for military access as well as benefit the longleaf wiregrass ecosystem and the species it supports. Work proposed in treatment sites within Training areas (TA) will be performed within cluster and foraging stands used by the Red-cockaded Woodpecker (RCW). Prior to work commencing the service provider will be provided maps by the government showing the areas and types of mulching to be performed. Boundaries of sites where work will be performed will be shown on the maps and will be marked on the ground with flagging and/or defined by firebreaks. There may be up to three types of treatment.

Technical Specifications.

(1) A representative of the NRB will be present when equipment enters a treatment site for the first time, unless otherwise agreed to by the NRB. Operating hours in active RCW clusters will be limited to one hour after sunrise and continuing to one hour before sunset. No work will be allowed within 200 feet of an active RCW cavity tree during the breeding season April through July. The operating hours will be determined prior to entering a Training Area and coordinated with the NRB.

(2) All equipment will be thoroughly cleaned prior to entering Fort Eisenhower lands.

(3) All equipment will be inspected by NRB personnel for noxious weeds prior to utilization on Fort Eisenhower lands.

(4) CUTTING AND MULCHING OF HARDWOOD MIDSTORY: The work to be performed will be within the training areas of Fort Eisenhower however most work will be done within the RCW Habitat Management Unit (HMU). This involves severing midstory vegetation completely, and mulching/shredding vertical limbs off the downed vegetation.

(5) No treatment will occur in streams.

(6) The service provider shall take every precaution necessary to prevent digging, gouging, and moving soil. The service provider shall prevent excessive rutting and compaction by operating the equipment only when suitable soil conditions exist, as determined by personnel of the NRB.

(7) The service provider shall take every precaution necessary to prevent damage to gopher tortoise burrows by the mulching/mowing equipment. Most burrows will be conspicuously marked with flagging and locations of all known burrows in each treatment area are shown on the attached map (new burrows or burrows unknown to the NRB may not be marked/mapped). Equipment operators can be trained on the identification of tortoise burrows by the NRB staff if necessary.

(8) All labor, supplies, transportation, supervision, and equipment needed to complete this contract will be supplied by the service provider.

(9) The equipment to be used will be a tracked or rubber-tired heavy duty type cutter with a front mounted rotary drum flail cutter head or fixed tooth fecon-type cutter head. The cutter head must be capable of being raised and lowered. The width of the cutter head should be equal to or greater than the width of the machine so that all trees will be cut in the path of the machine.

(10) The boundaries of each treatment site are marked with blue and white striped flagging or easily identified by road boundaries. All work will occur within the flagged boundaries or within firebreaks. Maps of all areas will be delivered by the NRB. Maps will include area, size (in acres), access points, etc.

Treatment Type 1 (Big mulch): The service provider may perform the activities listed below on a minimum of 25 acres up to a maximum of 400 acres located on Fort Eisenhower. All hardwood midstory 10" and smaller in diameter at breast height (DBH) and offsite or thick stands of native pine trees 6” and less in diameter at breast height shall be mulched so that all woody material lies within 6" of ground surface without disturbing the native ground vegetation, unless otherwise specified. Natural Resources Branch (NRB) personnel will be available to assist in answering any questions concerning trees to leave.

All downed trees and limbs shall be cut over to remove any limbs standing 6” or more above the ground. Mulching of logs, cut tree stems and stumps shall consist of running over them twice with the cutting equipment. The objective is to get all material reduced to pieces that are substantially in contact with the ground and within 6” of the ground surface.

There is no maximum size for the resulting pieces of the woody material and none of the material needs be fully reduced to chips. Stumps may be left higher than 6” if the cutter head must be raised to negotiate terrain features. The surface of the work sites shall retain the litter of the cut material. The NRB reserves the option to preserve Longleaf pine regeneration within work sites identified in the field. All other trees or groups of trees marked with white flagging or yellow paint will be retained and not cut. Standing trees larger than the above midstory dimensions (mature trees) shall not be cut or damaged. Any midstory stem situated adjacent to a mature tree that cannot be cut without damaging the mature tree shall be left in place. Logs, limbs, and/or stumps that cannot be mulched without injuring an adjacent mature tree shall be left in place. All vertical limbs on downed trees, cut as described above, shall be mowed, mulched, shredded, or otherwise ground into small pieces. This shredded material shall be scattered over the treatment site and not piled.

Treatment Type 2 (Mow PP): The service provider may perform the activities listed below on a minimum of 25 acres up to a maximum of 400 acres located on Fort Eisenhower. Hardwoods shall be removed from planted pine plantations. These plantations were planted on different spacing, but most are planted on a 6 ft. by 8-15 ft. wide rows. All vegetation between these rows will be mowed, however an effort should be made to remove hardwoods and off-site pine within the row. All hardwoods 6" and smaller in diameter at breast height (DBH) shall be mulched so that all woody material lies within 6" of ground surface, unless otherwise specified. Some plantations may have storm damage pine trees that are leaning or broken and should be removed during the normal row mowing. All downed trees and limbs shall be cut over to remove any limbs standing 6” or more above the ground. The objective is to get all material reduced to pieces that are substantially in contact with the ground and within 6” of the ground surface. Standing trees larger than the above midstory dimensions (mature trees) shall not be cut or damaged.

The service provider shall give advance notice (five working days) to the NRB, stating the work sites to be accessed and the expected schedule of workdays. Deviation from this schedule must be coordinated with the NRB and approved through the DPTMS.

Equipment and Training - The service provider is responsible for providing all safety training and equipment including personal protective equipment and ensuring compliance with all necessary safety requirements for operating equipment.

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 solicitations are 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 using 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, Bid Conditions. Supplier’s response must include their Acceptance, Conditional Acceptance (with explanation), or Non-Acceptance of each item in the Scope of Work section of this RFP.

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.

Paginated Format

• Executive Summary and RFP Response o A one-page executive summary of the respondent’s proposal, including brief descriptions of the company’s expertise procuring a contract the size and scope described in the RFP, and how the proposer plans to address the University’s requirements.

o A response to each item in the Specific Tasks section and Deliverables Schedule sections of the Scope of Work of this RFP indicating a proposer’s Acceptance, Conditional Acceptance (with explanation), or Non-Acceptance of each item.

• Pricing o The total cost per acre for each of the two treatment types should be declared in the official pricing sheet (Attachment A).

• 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.

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 College of Forestry, Wildlife and Environment 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 – 35%

• Relevant experience

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

• References

3. Complete/Thorough Proposal – 15%

• 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. PLEASE INCLUDE A NARRATIVE

EXPLANATION OF THE COSTS AND HOW THEY WERE CALCULATED

ACCOMPANYING THIS SHEET.

Task/Treatment Cost ($) per acre Treatment Type 1 (Big Mulch) Treatment Type 2 (Mow PP)

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.

NOTE: Due to the nature of some activities, Auburn University reserves the right to require additional limits of liability coverage.

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 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:

i. 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 event 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 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