ESBD_546856_1786056088364_Eagle Reserve Golf Course Reno Design Build RFQ.pdf

TAMUT-RFQ-2018_082026 Phase 1 — Eagle Reserve Design-Build Services

TEXAS A&M UNIVERSITY-TEXARKANA

REQUEST FOR QUALIFICATIONS

Eagle Reserve Golf Course

Design-Build Services for Golf Course Renovation

RFQ NUMBER: TAMUT-RFQ-2018_082026

ISSUE DATE: August 7, 2026

QUALIFICATIONS MUST BE RECEIVED BEFORE:

11:30 PM Central Time on August 31, 2026

SUBMIT TO:

https://it-lf-ecmf2.it.tamu.edu/Forms/RFQ

REFER INQUIRIES TO:

Kristen Tullos, Assistant Vice President for Business Services ktullos@tamut.edu

Qualifications must be submitted to the Texas A&M University-Texarkana Business Services Office before the hour and date specified for receipt. If it is not received in the department by due date and time, the qualifications will be considered late and will be returned to the respondent.

Pursuant to the provisions of Texas Government Code Title 10, Chapter 2156 and TAMUS System Regulation 25.07.03, sealed qualifications will be received until the date and time established for receipt..

mailto:ktullos@tamut.edu

TABLE OF CONTENTS

SECTION 1 — INTRODUCTION & STATUTORY FRAMEWORK

SECTION 2 — INSTRUCTIONS FOR RESPONDENTS

SECTION 3 — QUALIFICATIONS REQUIREMENTS

SECTION 4 — EVALUATION CRITERIA (PHASE 1)

SECTION 5 — GENERAL TERMS AND CONDITIONS

EXHIBIT A — EXECUTION OF OFFER

EXHIBIT B — NON-COLLUSION AFFIDAVIT

EXHIBIT C — INSURANCE REQUIREMENTS

EXHIBIT D — HUB PARTICIPATION PLAN

SECTION 1 — INTRODUCTION & STATUTORY FRAMEWORK

1.1 Purpose

Texas A&M University-Texarkana (“TAMUT”), a member of The Texas A&M University System (“A&M System”) and an agency of the State of Texas, is issuing this Request for Qualifications (“RFQ”) to identify and shortlist qualified Design-Build firms (“Respondents”) to design and construct renovations to Eagle Reserve Golf Course

(“Eagle Reserve” or the “Project”), an 18-hole golf course located adjacent to the TAMUT campus in Texarkana, Texas.

1.2 Why This Is a Two-Phase Process

Accordingly, THIS DOCUMENT IS NOT A REQUEST FOR DETAILED DESIGN OR PRICE PROPOSALS. This is

Phase 1 — a qualifications-only solicitation. TAMUT will use the responses to this RFQ to identify a shortlist of qualified Design-Build firms. Only shortlisted firms will be invited to submit detailed technical and cost proposals in

Phase 2, which will incorporate a final Design Criteria Package and request pricing.

1.3 Background

The Texas A&M University System

The A&M System is one of the largest systems of higher education in the nation. Through a statewide network of eleven universities and seven state agencies, the A&M System educates more than 153,000 students and makes millions of additional educational contacts through service and outreach programs each year. More information about the A&M System and its members can be found at https://www.tamus.edu.

Eagle Reserve Golf Course

Eagle Reserve is an existing 18-hole course featuring dramatic elevation changes and scenic Bringle Lake views, located directly across from the TAMUT campus. TAMUT has acquired the Course and is committed to revitalizing and reinvesting in the property to create a premier college amenity and regional golf destination, while protecting affordability and access for the local community and University stakeholders.

1.4 Design Criteria Package Summary

A preliminary summary of anticipated scope is provided below for Respondents' qualification purposes only; a final

Design Criteria Package will be provided to shortlisted firms in Phase 2. Anticipated scope includes, without limitation:

• Course renovation to elevate playing conditions, course aesthetics, and firm, fast putting surfaces, targeted at creating a regional-draw ('Best in Region') golf experience;

• Renovation and/or expansion of practice facilities, potentially including a dedicated practice range with technology integration;

• Clubhouse renovation and/or related facility improvements;

• Cart path, irrigation, and drainage improvements as needed to support enhanced playing conditions and reduced long-term maintenance cost;

• Maintenance facility and equipment storage improvements;

• Any additional scope identified through TAMUT's ongoing capital planning process.

1.5 Calendar of Events

Issue RFQ (Phase 1): August 7, 2026

Deadline for Written Questions: August 17, 2026, by 3:00 PM

Deadline for Receiving Qualifications: August 31, 2026, by 11:30 PM Central Time

Property tours will be available upon advance scheduling. Please contact Fred Meisenheimer

(fmeisenheimer@tamut.edu) and Kristen Tullos (ktullos@tamut.edu) to schedule.

Anticipated Shortlist Notification: September 4, 2026 https://www.tamus.edu/ mailto:fmeisenheimer@tamut.edu mailto:ktullos@tamut.edu

Anticipated Issuance of Phase 2 RFP (to shortlisted firms only): September 9, 2026

Anticipated Phase 2 Proposal Deadline: September 25, 2026 at 11:30 PM

Anticipated Design-Build Contract Award: October 1, 2026

SECTION 2 — INSTRUCTIONS FOR RESPONDENTS

2.1 General Information

This RFQ contains specific requests for qualifications information. Respondents are encouraged to examine all sections carefully and to provide any additional information they believe relevant to TAMUT's evaluation of qualifications.

Whenever the terms “must,” “shall,” “will,” “is required,” or “are required” are used in this RFQ, the subject referred to is a required feature critical to the resulting submittal. Expenses for preparing a response are the entire responsibility of the Respondent.

2.2 Submission Instructions

All qualification submittals must be submitted online at https://it-lf-ecmf2.it.tamu.edu/Forms/RFQ and received no later than the date and time specified in Section 1.5. The time indicated on the electronic submission form shall be used for receipt and acceptance of the response. Late submittals will not be considered under any circumstances. Email, telephone, and facsimile submittals are not accectable. Submittal Format: single PDF file named “[Company Name] –

[RFQ NUMBER].”

2.3 Qualifications Submittal Components

The following must be included. Failure to include each may be grounds for disqualification:

• Signed Execution of Offer (Exhibit A)

• Non-Collusion Affidavit (Exhibit B), signed and notarized

• Design-Build Team Qualifications (Section 3)

• Relevant Experience & References (Section 3.2–3.3)

• Financial and Bonding Capacity Documentation (Section 3.4)

• Related-Party & Conflict of Interest Disclosure (Section 3.5)

• VetHUB Participation Plan (Section 3.6)

• Certificate(s) of insurance or written confirmation of insurability at the levels required in Exhibit C

2.4 Inquiries and Interpretations

All questions concerning this RFQ must be directed in writing, via email, to Kristen Tullos, Assistant Vice President for Business Services at ktullos@tamut.edu. Respondents may not contact any other individual at TAMUT or the A&M

System to discuss any aspect of this RFQ unless expressly authorized. Responses affecting interpretation of this RFQ will be issued by written addendum and posted to the Electronic State Business Daily (ESBD). Only formal written addenda are binding.

2.5 Evaluation and Shortlisting Process

TAMUT will evaluate and rank Respondents' qualifications using the criteria and weighting set forth in Section 4.

TAMUT will select a shortlist of qualified firms (anticipated to be [3–5], subject to the number and quality of responses received) to receive the Phase 2 Design Criteria Package and Request for Proposals. TAMUT reserves the right to reject any or all submittals and to shortlist any number of firms it determines appropriate.

SECTION 3 — QUALIFICATIONS REQUIREMENTS

3.1 Design-Build Team Composition

Respondent's team (whether a single firm or a joint venture/team of firms) must include, at minimum:

a. A Texas-licensed architect and/or engineer (as applicable to the scope) responsible for design, identified by name and license number;

b. A general contractor or construction entity with demonstrated experience in golf course construction or renovation of comparable scope and complexity;

c. A golf course architect/designer with a portfolio of completed golf course design or renovation projects, preferably including public or university-affiliated courses;

d. Identification of the single entity that will hold contractual privity with TAMUT and bear overall responsibility for the design-build contract.

3.2 Relevant Experience

Respondent shall provide, at minimum:

a. A list of golf course design-build or major renovation projects completed by the team (or key team members) within the past ten (10) years, including project location, scope, budget, and actual completion date versus original schedule;

b. For each project listed, identification of which team member(s) were responsible for which scope (design, construction, golf-specific design);

c. Description of experience working on public-sector or higher-education-owned facilities, including familiarity with prevailing wage, HUB, and public bidding/subcontracting requirements;

d. Description of the team's approach to renovating an operating golf course while minimizing disruption to ongoing or ramping-up golf operations (coordination with the concurrently procured golf course management operator).

3.3 References

Respondent shall provide at least three (3) references from completed golf course design-build or major renovation projects, preferably including at least one public-sector or university-affiliated owner. Each reference shall include:

owner name; contact person name, title, phone, and email; project scope and budget; and dates of design and construction.

3.4 Financial and Bonding Capacity

Respondent shall provide:

a. Documentation of financial capability to perform a project of the anticipated scope and budget (e.g., audited financial statements for the prior two fiscal years, or equivalent);

b. Evidence of the team's capacity to obtain payment and performance bonds, each in a penal sum equal to 100% of the resulting construction contract sum, from a surety authorized to do business in Texas with a rating of A- or better (A.M. Best) and listed on the U.S. Treasury Department's Circular 570;

c. Confirmation of the team's ability to meet the insurance requirements set forth in Exhibit C.

3.5 Related-Party & Conflict of Interest Disclosure

Respondent must fully disclose, in a clearly labeled section of its submittal:

• Any ownership, familial, contractual, or other affiliation between Respondent (or any owner, principal, or affiliate of Respondent's team) and any firm submitting, or expected to submit, a proposal in response to the companion Golf Course Management Services RFP or any other current or anticipated TAMUT/A&M System procurement related to Eagle Reserve;

• Any direct or indirect financial interest held by any member of the A&M System Board of Regents, or any

TAMUT or A&M System officer or employee, in Respondent or in this submittal;

• Any other relationship that could reasonably be perceived as creating a conflict of interest.

Failure to make a required disclosure is grounds for disqualification. Disclosure of a relationship does not automatically disqualify a Respondent; TAMUT reserves sole discretion to determine whether a disclosed relationship requires additional mitigation, a sole-source justification, or other action prior to shortlisting or award.

3.6 VetHUB Participation Plan

It is the policy of the State of Texas and the A&M System to encourage the use of Veteran Heroes United in Business

Businesses (VetHUBs), both directly and indirectly, in A&M System contracts. Respondents are required to submit a

VetHUB Participation Plan describing a “Good Faith Effort” to attract and use State of Texas certified VetHUB vendors, addressing design, construction, and any ongoing maintenance subcontracting opportunities. See Exhibit D for required format. Failure to submit a comprehensive, acceptable VetHUB Participation Plan will be considered a material failure to comply with this RFP and may result in rejection of the proposal.

SECTION 4 — EVALUATION CRITERIA (PHASE 1)

Evaluation Criterion Weight*

Relevant Experience (comparable golf course design-build/renovation projects) 30%

Design-Build Team Qualifications & Composition (licensure, organization, key personnel) 20%

References 15%

Financial Capacity & Bonding Capability 15%

Approach to Renovating an Operating Course / Coordination with Golf Operations 10%

VetHUB Participation Plan 10%

SECTION 5 — GENERAL TERMS AND CONDITIONS

The following terms apply to this RFQ, the anticipated Phase 2 RFP, and any resulting design-build agreement.

TAMUT reserves the right to accept, reject, modify, and/or negotiate any and all submittals.

5.1 Governing Law

The validity of any resulting agreement and all matters pertaining to it, including performance, non-performance, breah, remedies, procedures, rights, duties, and interpretation or construction, shall be governed by the Constitution and laws of the State of Texas, including Texas Government Code Chapter 2269, Subchapter G.

5.2 Payment and Performance Bonds

The design-build entity awarded the resulting contract shall furnish payment and performance bonds, each in a penal sum equal to 100% of the construction contract sum, guaranteeing faithful performance and protection of payment bond beneficiaries with a direct contractual relationship with the general contractor or a subcontractor. Bonds shall be executed by a corporate surety authorized to do business in Texas, in compliance with the Texas Insurance Code, and shall name The Texas A&M University System and Texas A&M University-Texarkana as beneficiaries.

5.3 Use of Architect or Engineer

Pursuant to Texas Government Code § 2269.304, the Design-Build Firm shall employ or contract with a professional architect or engineer, as applicable, who is duly licensed and authorized to practice in the State of Texas. The architect or engineer shall provide and be responsible for all architectural and/or engineering services required for the Project in accordance with Chapter 1051 (Architects) or Chapter 1001 (Engineers), Texas Occupations Code, as applicable.

As part of its Statement of Qualifications, each Respondent shall identify the licensed architect and/or engineer proposed for the Project, including the firm's name, key personnel, Texas license information, and a description of the team's relevant experience. Any substitution of the identified architect or engineer after submission of qualifications shall be subject to the Owner's prior written approval.

Failure to demonstrate compliance with the requirements of Texas Government Code § 2269.304 may result in the

Respondent being deemed non-responsive and ineligible for further consideration. 5.4 Non-Discrimination;

Immigration Reform and Control Act; Debarment

The Respondent and its agents and employees are prohibited from engaging in or allowing any impermissible discrimination on the basis of race, religion, color, national origin, age, sex, disability, genetic information or veteran status in relation to (1) the Respondent’s employment practices; (2) the performance of the Respondent’s obligations under the Agreement. In performing its obligations under the Agreement, Respondent shall be subject to and shall comply with all currently effective or subsequently promulgated polices regarding non-discrimination issued by either the University or the Texas A&M University System.

By submitting a proposal, Respondent certifies it does not and will not, during performance of any resulting contract, employ illegal alien workers or otherwise violate the federal Immigration Reform and Control Act of 1986, as amended.

By submitting a proposal, Respondent certifies it is not currently debarred from submitting proposals on contracts, nor is it an agent of any person or entity that is currently debarred.

5.5 Federal Laws and Regulations

By submitting a signed proposal in response to this RFP, the Respondent certifies that it is fully informed about, and in full compliance with its obligations under existing applicable laws and regulations, including, but not limited to:

Title V1 of the Civil Rights Act of 1964, as amended (42 USC 2000(D)); Civil Rights Act of 1991;

Executive Order 11246, as amended (41 CFR 60-1 and 60-2);

Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250); Rehabilitation Act of 1973, as amended (41 CFR 60-741);

Age Discimination Act of 1975 (42 USC 6101 et seq.); Non-segregated Facilities (41 CFR 60-1);

Drug-Free Workplace Act of 1988 (PL 100-690);

Federal Procurement or Nonprocurement Programs (Executive Order 12549 and 12689); Bryd Anti-Lobbying

Amendment (31 USC 1352);

Clean Air Act of 1970 (42 USC 7401 et seq.);

Federal Water Pollution Control Act (33 USC 1251 et seq.); Omnibus Reconciliation Provision, Section 952;

Fair Labor Standards Act of 1938, Sections 6 ,7, and 12, as amended; Americans with Disabilities Act of 1990

(42 USC 12101 et seq.); Immigration Reform and Control Act of 1986;

Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and

Economically Disadvantaged Individuals (PL 96-507);

Federal Occupational Safety and Health Law (PL 91-596) including its regulations in effect or proposed as of the date of the Agreement;

Executive Order GA-48, Hardening of State Government; and

All other laws and regulations and executive orders as are applicable.

5.6 Indemnification and Hold Harmless

Respondent agrees to indemnify and hold harmless the University from any claim, damage, liability, expense or loss to the extent arising out of Respondent’s negligent or willful errors or omissions under this Agreement.

Respondent shall also indemnify, save and hold harmless the State of Texas and the University from and against claims of patent, trademark, copyright, trade secret or other proprietary rights, violations or infringements arising from the

State’s or Respondent’s use of or acquisition of any services or other items provided to the State of Texas by

Respondent or otherwise to which the State of Texas has access as a result of Respondent’s performance under this

Agreement

The University shall notify Respondent of any such claim within a reasonable time of the University’s receiving notice of any such claim. If Respondent is notified of any claim subject to this section, Respondent shall notify the University of such claim within five (5) business days of such notice. No settlement of any such claim shall be made by

Respondent without the University prior written approval and all settlement negotiations shall be in consultation with the Office of the Attorney General.

Respondent shall reimburse the State of Texas for any claims, damages, losses, costs, expenses, judgments or any other amounts, including, but not limited to, attorneys' fees and court costs, arising from any such claim. Respondent shall pay all reasonable costs of the State’s counsel and shall also pay costs of multiple counsel, if required to avoid conflicts of interest.

5.7 Insurance

Insurance requirements are set forth in Exhibit C.

5.8 Independent Contractor

The successful Respondent's relationship with TAMUT and the A&M System will be that of an independent contractor.

No employer-employee, partnership, agency, or joint venture relationship is created by any resulting agreement.

Respondent is solely responsible for all taxes, withholdings, and other statutory or contractual obligations, including workers' compensation insurance, and shall observe and abide by all applicable TAMUT and A&M System policies, regulations, rules, and procedures, including those applicable to conduct on TAMUT premises.

5.9 Public Information Act

Respondent acknowledges TAMUT and the A&M System are 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 RFQ and any resulting agreement, as well as any other disclosure of information required by applicable Texas law. Upon

TAMUT’s written request, Respondent will promptly provide specified contracting information exchanged or created under any resulting agreement in a non-proprietary format acceptable to TAMUT. Respondent acknowledges that

TAMUT may be required to post a copy of the fully executed agreement on its website in compliance with Section

2261.253(a)(1), Texas Government Code. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and Respondent agrees that this Agreement can be terminated if Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

5.10 Ownership of Documents

Upon completion or termination of any resulting agreement, all design documents, drawings, specifications, and related work product prepared for the benefit of TAMUT shall become the property of TAMUT.

5.11 Venue

Pursuant to Section 85.18, Texas Education Code, mandatory venue for all legal proceedings against TAMUT are to be in the county in with the principal office of TAMUT’s governing officer is located.

5.12 State Auditor's Office

Respondent understands that acceptance of funds under this 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.

5.13 Conflict of Interest

Respondent certifies, to the best of its knowledge, that no member of the A&M System Board of Regents, nor any officer or employee of TAMUT or the A&M System, has a direct or indirect financial interest in the award of any resulting agreement, except as disclosed under Section 3.5.

5.14 VetHUB Subcontracting Plan

Upon award, the successful Respondent will be required to submit a complete HUB Subcontracting Plan for design, construction, and any ongoing maintenance obligations, along with Prime Contractor Progress Assessment Report

(PAR) forms.

5.15 Prohibition on Contracts with Companies Boycotting Israel

To the extent Chapter 2271, Texas Government Code, is applicable, Respondent certifies it does not currently boycott

Israel and will not boycott Israel during the term of any resulting agreement. Respondent acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

5.16 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 this Agreement may be terminated immediately if this certification is inaccurate.

5.17 Verification Regarding Discrimination Against Firearm Entities and Energy Companies

To the extent Chapter 2274, Texas Government Code, is applicable, Respondent verifies it (1) it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and (2) does not boycott energy companies, and will not do so during the term of any resulting agreement.

5.18 Franchise Tax Certification

If Respondent is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), Respondent certifies it is not currently delinquent in the payment of any franchise (margin) taxes, or is exempt from such payment.

5.19 Assignment

Respondent shall neither assign its rights nor delegate its duties under any resulting agreement without TAMUT's prior written consent.

5.20 Right to Work

Respondents are advised that this Project is subject to Texas Government Code § 2269.054. Neither the Contractor nor any subcontractor may require a worker to become or remain a member of a labor organization, or pay dues, fees, or other charges to a labor organization, as a condition of employment. The successful respondent will be required to certify compliance with all applicable Texas Right to Work requirements.

5.21 Non-Collusion and Conflict of Interest

The Non-Collusion Affidavit and Conflict of Interest Statement found in Exhibit B must be executed as part of

Respondent's submittal.

EXHIBIT A — EXECUTION OF OFFER

TAMUT-RFQ-2018_082026 — PHASE 1: QUALIFICATIONS SUBMITTAL

In compliance with this RFQ, and subject to all conditions herein, the undersigned submits the enclosed qualifications for consideration.

By signing below, Respondent certifies, among other things, that:

(i) its submittal is current, complete, true, and correct;

(ii) it has not given, and does not intend to give, any economic opportunity, gift, gratuity, or favor to a public servant in connection with this submittal or any subsequent proposal. Failure to sign below, or signing a false statement, may void the response or any resulting contracts at TAMUT’s option, and the Respondent may be removed from all future proposal lists at this state agency;

(iii) the individual signing this document and the documents made part of the RFQ 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 undisclosed relationship exists between Respondent and a TAMUT/A&M System employee (see

Section 3.5);

(v) no compensation has been received for participation in preparing this RFQ (ref. § 2155.004, Texas

Government Code); and

(vi) (vi) each individual or business entity proposed as part of Respondent's team who will engage in the practice of architecture or engineering has been selected based on demonstrated competence and qualifications, consistent with Chapters 1001 and 1051, Texas Occupations Code.

(vii) to the best of its knowledge, no member of the Board of Regents or executive officer of the A&M

System or its members has a financial interest, directly or indirectly, in the proposal; and

(viii) Respondent is not currently delinquent in Texas franchise tax, or is exempt.

Federal EIN/Taxpayer ID #: ______________________________________________

Vendor/Company Name: ______________________________________________

Authorized Signature: ______________________________________________

Name: ______________________________________________

Title: ______________________________________________

Street / City / State / Zip: ______________________________________________

Telephone / Email: ______________________________________________

EXHIBIT B — NON-COLLUSION AFFIDAVIT

NON-COLLUSION AFFIDAVIT

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: ______________________

Date: ____________

Subscribed and sworn to before me this ______ day of ____________, 20____.

Notary Public in and for the County of ____________________, State of ____________________. My commission expires: ____________________

EXHIBIT C — INSURANCE REQUIREMENTS

1. PROVIDER and its subcontractors shall obtain and maintain, for the duration of this Agreement or longer, the minimum insurance coverage set forth below. General Liability, Auto Liability and Excess/Umbrella Liability insurance 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 current 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 Texas A&M University-Texarkana. By requiring such minimum insurance, Texas A&M University-Texarkana shall not be deemed or construed to have assessed the risk that may be applicable to PROVIDER and its subcontractors under this Agreement. PROVIDER shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. PROVIDER and its subcontractors 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 Texas A&M University-Texarkana at least ten days before the effective date of the cancellation.

A. 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 Texas A&M University-Texarkana.

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

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

B. Automobile Liability Insurance

Business auto liability insurance covering all owned, non-owned or hired automobiles, with limits of not less than $1,000,000 combined single limit of liability per accident for bodily injury and property damage;

C. Commercial General Liability Insurance

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 PROVIDER’S or its subcontractors’ liability for bodily injury (including death), property damage, personal and advertising injury assumed under the terms of this Agreement.

D. Excess/Umbrella Liability Insurance

PROVIDER and/or its subcontractors shall maintain umbrella/excess liability insurance with minimum required limits as determined by the below Guidelines in excess of all insurance required under this Agreement. Such coverage shall apply on a follow-form basis, or at a minimum, provide coverage no less broad than the underlying primary policies, including coverage for additional insureds where required. Drop-down coverage will be provided for reduction and/or exhaustion of underlying aggregate limits and will provide a duty to defend for any insured.

Guidelines:

Contractor Types per Exposure Trade Limits: Per Occurrence/ Annual Aggregate

Type A: Tower Cranes $25,000,000

Type B: Other Cranes $10,000,000

Type C: High Risk1 Trades: $5,000,000

Type D: All Other Trades/Tenant: $1,000,000

(1): This includes, but is not limited to, concrete, masonry, steel, carpentry, HVAC, plumbing, electrical, excavation, demolition, foundation, scaffolding, elevators, roofing, exterior waterproofing, EIFS, water and sewer mains, fire sprinkler/suppression, or exterior work at a height that exceeds 20 feet from the ground.

E. PROVIDER shall deliver to Texas A&M University-Texarkana the evidence of insurance on a Texas

Department of Insurance approved certificate form, Acord form, letter of self-insurance or its equivalent 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 and/or Services by PROVIDER and its subcontractors under this

Agreement. PROVIDER shall provide additional evidence of insurance on an approved certificate form verifying the continued existence of all required insurance no later than thirty (30) days after each annual insurance policy renewal.

F. Commercial General Liability and Auto Liability policies must be endorsed to name the Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and its member institutions, universities, and agencies as additional insureds up to the actual liability limits of the policies maintained by PROVIDER and its subcontractors. The commercial general liability additional insured endorsements must include on-going and completed operations. 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 upon request.

G. PROVIDER and its subcontractors hereby waives any and all rights of subrogation against the Board of

Regents, The Texas A&M University System and its member institutions, universities, and agencies. All insurance policies must be endorsed to provide a waiver of subrogation in favor of the Board of Regents for and on behalf of The Texas A&M University System, The Texas A&M University System and its member institutions, universities, and agencies. Vendor’s waiver under this Section shall apply regardless of whether

Vendor has obtained the required waiver of subrogation endorsement from its insurer.

H. PROVIDER shall pay any deductible or self-insured retention for any loss.

I. Certificates of insurance and additional insured endorsements as required by this Agreement must be submitted/emailed to the following Certificate Holder and/or Texas A&M University-Texarkana contact:

Certificate Holder:

Texas A&M University-Texarkana

Address:

7101 University Ave.

Texarkana, TX 75503

Email Address: contracts@tamut.edu

J. The insurance coverage required by this Agreement must be kept in force until all services and/or Services have been fully performed and accepted by Texas A&M University-Texarkana in writing.

K. Texas A&M University-Texarkana reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

EXHIBIT D — VetHUB PARTICIPATION PLAN

Respondents shall address the following at minimum, submitted as a separately tabbed section:

a. State whether Respondent is a Texas-certified HUB vendor.

b. State Respondent's commitment to a good faith effort to include HUB vendors.

c. Discuss general areas of potential subcontracting opportunity as related to golf course operations, maintenance, food & beverage supply, and marketing.

d. Describe how Respondent intends to locate HUB vendors for solicitation (e.g., the CMBL/HUB Directory at https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do, trade organization outreach, etc.).

e. Provide a list of trade organizations or development centers Respondent intends to work with (examples at https://comptroller.texas.gov/purchasing/vendor/hub/resources.php).

Upon award, a complete HUB Subcontracting Plan and Prime Contractor Progress Assessment Report (PAR) forms will be required.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://comptroller.texas.gov/purchasing/vendor/hub/resources.php