ESBD_471702_1763648281515_RFP 2026-P03 - Eastside Campus - Construction Manager At Risk (CMAR).pdf

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 1 of 49

SOLICITATION, OFFER

AND AWARD

Hays County Purchasing Office

712 S. Stagecoach Trail, Suite 1012 San Marcos, Texas 78666

Solicitation No.:

RFP 2026-P03 Eastside Campus – Construction Manager at

Risk (CMAR) Date Issued: November 20, 2025

SOLICITATION

Vendors must submit bids as listed: One (1) original and one (1) digital copy on a thumb drive at the Hays County Purchasing Office at the address shown above or Electronically through BidNet Direct and one (1) hard copy at the Hays County Purchasing Office at the address shown above until:

10:00 a.m. local time January 8, 2026.

Proposals received after the time and date set for submission will be returned unopened.

For information please email:

purchasing@hayscountytx.gov

Questions concerning this RFP must be received in writing no later than 5:00

December 11, 2025.

Phone No.: (512) 393-2278

OFFER (Must be fully completed by Respondent)

In compliance with the above, the undersigned offers and agrees to furnish all items or services awarded at the prices stipulated for each item delivered at the designated point(s) and within the time specified herein. Award shall include all solicitation documents and attachments.

MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.

Respondent Respondent’s Authorized Representative Entity Name:

Mailing Address:

Name:

Title:

Email Address:

Phone No.:

Signature: Date:

Name, Email Address and Phone No. of person authorized to conduct negotiations on behalf of Respondent:

NOTICE OF AWARD (To be completed by County) Funding Source: Awarded as to item(s): Contract Amount:

Vendor: Term of Contract:

This contract issued pursuant to award made by Commissioners Court on:

Date: Agenda Item:

Important: Award notice may be made on this form or by other Authorized official written notice.

Hays County Judge

Date

Hays County Clerk Date mailto:purchasing@hayscountytx.gov

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 2 of 49

Table of Contents

Solicitation, Offer and Award

I. IFB/RFP/RFQ Submittal Checklist

II. Summary

III. Specifications

A. Introduction

B. Project Details

C. Scope of Work

D. Proposed Fees & Cost

E. Qualifications

F. Proposal Requirements

G. Evaluation Criteria

H. Submittal Requirements

I. Award of Contract

J. Warranty of Performance

IV. General Terms and Conditions for Solicitations

V. Vendor Reference Form

VI. Certificate of Interested Parties

VII. Conflict of Interest Disclosure & Questionnaire

VIII. Code of Ethics for Hays County

IX. Hays County Practices Related to HUB

X. Hays County House Bill 89 Verification

XI. Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

XII. Israel Boycott Certification Form (TGC 2271.002)

XIII. Prohibition of Energy Company Boycott Certification Form (TGC 2274)

XIV. Prohibition of Discrimination against Firearm Companies or Firearm Trade Organizations

Certification (TGC 2274.002)

XV. Debarment and Licensing Certification

XVI. Vendor/Bidder’s Affirmation

XVII. Federal Affirmation and Solicitation Acceptance

XVIII. Related Party Disclosure Form

Attachment A: RFP 2026-P03 Eastside Campus CMAR Pricing Sheet Attachment B: Space Program and Preliminary Design Concepts 8.5.2025 Attachment C: Definitions Attachment D: CMAR Contract Attachment E: Hays County Uniform General Conditions

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 3 of 49

I. IFB/RFP/RFQ Submittal Checklist

This checklist is provided for the Vendor’s convenience and identifies documents that MUST be submitted for the bid/proposal/statement of qualifications(SOQ) to be considered responsive, as well as the required forms requested by Hays County.

A COMPLETE SOLICITATION RESPONSE PACKAGE INCLUDES:

The following forms MUST be returned for the bid/proposal/SOQ to be considered responsive:

____ 1. Solicitation, Offer and Award Form completed and signed

____ 2. Attachment A: RFP 2026-P03 Eastside Campus CMAR Pricing Sheet

____ 3. Vendor Reference Form

____ 4. Bid Bond 5%

____ 5. Conflict of Interest Disclosure & Questionnaire

____ 6. Related Party Disclosure Form

____ 7. Any addenda applicable to this solicitation

Required Forms by Hays County in Order to Execute a Contract:

____ 1. Code of Ethics

____ 2. HUB Practices

____ 3. House Bill 89 Verification

____ 4. Iran, Sudan, and Foreign Terrorist Organization Certification (TGC 2252)

____ 5. Israel Boycott Certification (TGC 2271.002)

____ 6. Prohibition of Energy Company Boycott Certification (TGC 2274)

____ 7. Prohibition of Discrimination against Firearm Companies or Firearm Trade Org. Certification (TGC 2274.002)

____ 8.Debarment & Licensing Certification

____ 9. Vendor/Bidder’s Affirmation

____ 10. Federal Affirmations and Solicitation Acceptance

____ 11. System for Award Management (www.SAM.gov) Printout

Hays County will accept bids/proposals/SOQ, by the due date by one of the following methods:

____ 1. Electronic Submission of Bid Packet through BidNet Direct and one (1) hard copy delivered, within 24 hours of proposal due date, in a sealed envelope with the Solicitation Number and Vendor’s name on the outermost envelope addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666

OR

____ 2. One (1) original bid packet and one (1) digital copy on a thumb drive in a sealed envelope with the Solicitation Number and Vendor’s Name on the outermost envelope, addressed to: Hays County Purchasing, 712 S Stagecoach Trail, Suite 1012, San Marcos, TX 78666 http://www.sam.gov/

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 4 of 49

II. Summary

1. Type of Solicitation: Request for Proposals (RFP)

2. Solicitation Number: RFP 2026-P03

Eastside Campus – Construction Manager at Risk (CMAR)

3. Issuing Office: Hays County Purchasing Office 712 S. Stagecoach Trail, Suite 1012 San Marcos, TX 78666

4. Responses to Solicitation: Sealed proposals marked with Solicitation Number and Vendor Name on the outermost envelope Manual: One (1) Original and one (1) digital copy on a thumb drive, or

Electronic: Proposals can be submitted through BidNet Direct and one (1) hard copy is required to be received within 24 hours of due date.

5. Deadline for Responses: In issuing office no later than:

January 8, 2026; 10:00 a.m. Central Time (CT)

6. Pre-Bid Meeting: (Virtual) December 9, 2025; 10:00 AM (CT): Join the meeting now

7. Initial Contract Term: Anticipated February 2026 Preconstruction Start and April 2028 Construction Closeout Completion.

8. Designated Contact: Hays County Purchasing

Email: purchasing@hayscountytx.gov

9. Bonding Requirements Bid Bond: 5% of total bid amount due at bid submittal.

Performance Bonds: 100% of Contract Price within 10 days of GMP award Payment Bonds: 100% of Contract Price within 10 GMP days of award

10. Retainage The County will withhold 5% retainage of the Contractor. The Contractor may withhold retainage on subcontractors in accordance with state and federal regulations.

11. Questions & Answers: Questions regarding this solicitation must be made in writing and submitted to the designated contact above no later than December 11, 2025, 5:00 p.m. CT. Telephone inquiries will not be accepted. Questions may be submitted by email to the address above. Answers to questions will be provided in the form of an addendum posted after the question deadline on the CivicPlus, BidNet Direct, and ESBD websites for the benefit of all potential respondents. The County reserves the right to contact the person submitting a question to clarify the question received, if necessary. Each clarification, supplement, or addenda to this https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNzU3NDgtNzA5NS00YTBlLTkzOTktNmQwM2RkYjUxYWJm%40thread.v2/0?context=%7b%22Tid%22%3a%228c0a6e38-3911-49a7-9fd7-da2ef5430acd%22%2c%22Oid%22%3a%2234858fb7-37ca-44b6-ab20-75d23cb864ea%22%7d mailto:purchasing@hayscountytx.gov

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 5 of 49

RFP, if any, will be posted on the CivicPlus, BidNet Direct and ESBD websites. All potential or actual respondents are responsible for monitoring the websites for such materials. Respondents are deemed to have notice of, and are required to comply with, any such material posted in accordance with this paragraph. Respondents should not rely upon any other sources of written or oral responses to inquiries.

12. Addenda Any interpretations, corrections or changes to this RFP and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Hays County Purchasing Office. It is the Vendor’s responsibility to acknowledge receipt of all addenda with proposal submission.

13. Contact with County Staff: Upon issuance of this solicitation, employees and representatives of

Hays County, other than the Purchasing Office staff identified as the Designated Contact above, will not discuss the contents of this solicitation with any Vendor or its representatives. Failure of a Vendor or any of its representatives to observe this restriction may result in disqualification of any related offer. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

14. Websites: Plans, Specifications, and Bidding documents for pre-qualified bidders and interested non-bidders may be secured from the following websites:

www.bidnetdirect.com/haysCounty, http://www.txsmartbuy.com/sp, https://www.sanmarcostx.gov/Bids.aspx

Anticipated Schedule of Events November 20, 2025 Issuance of RFP December 9, 2025 Virtual Prebid Meeting @ 10:00 AM: Join the meeting now December 11, 2025 Deadline for Submission of Questions (5:00 PM CT) January 8, 2026 Deadline for Submission of Proposals (10:00 AM CT)

Late proposals will not be accepted.

January/February 2026 Anticipated contract award date https://www.sanmarcostx.gov/Bids.aspx https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjkzNzU3NDgtNzA5NS00YTBlLTkzOTktNmQwM2RkYjUxYWJm%40thread.v2/0?context=%7b%22Tid%22%3a%228c0a6e38-3911-49a7-9fd7-da2ef5430acd%22%2c%22Oid%22%3a%2234858fb7-37ca-44b6-ab20-75d23cb864ea%22%7d

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 6 of 49

III. Specifications A. Introduction

Hays County (County) is seeking proposals from a qualified, licensed, and experienced Construction Manager at Risk and invites the submittal of responses to this RFP from qualified Construction Managers at Risk (Respondents) interested in providing contractor services in connection with the construction of a new three story Mass Timber office building, approximately 72,000 square feet with a secured private and employee parking lots and two-lane covered drive-thru, located at the corner of Bebee Road and Dacy Lane in Kyle.

B. Project Details Location: In the City of Kyle, the site is located east of IH-35 near the intersection of Dacy Lane and Bebee Rd.

Site: The Project includes the installation of all on-site utilities, and stormwater detention and drainage systems, public and secured private parking lots, two-lane covered drive-thru associated with a new 72,000 square feet, three story Mass Timber office building.

Building: A new three-story Mass Timber office building with exposed wood columns and decking. With approximately 72,000 square feet, the building will be home to a satellite Tax Office with a two-lane covered drive-thru, a courtroom and offices for the Precinct 2, Place 2 - Justice of the Peace, offices and support spaces for the Precinct 2 - Constable, County Sheriff, Adult and Juvenile Probation, Veteran’s Services, Office of Emergency Management, Development Services, Purchasing, Budget, Human Resources, Auditor, Treasurer, County-wide Operations, County Manager, and Precinct 1 & 2 Commissioners.

Proposed Project Schedule:

• RFP 2026-P03 Due Date January 8, 2026 @ 10:00 AM (CST)

• Contractor Evaluation Period January 2026

• Contractor Award/Contract Approved February 2026

• Commence Work (Notice to Proceed) February 2026

• Design Phase December 2025 to August 2026

• Preconstruction Phase (approx. 6 mo.) February 2026 to July 2026

• Construction Phase July 2026 to April 2028

Project Budget:

• Total Construction Budget is approximately $43,000,000.00

Project Team:

• Owner: Hays County

• Owner’s Representative: Kitchell CEM

• Architecture Firm: HDR Architecture, Inc.

• Commissioning Agent: TBD (hired by Hays County)

• Testing & Balance – TBD (hired by Hays County)

• Construction Material Testing Agency: TBD (hired by Hays County)

C. Scope of Work

Contractor responsibilities include, but are not limited to, Preconstruction Services, the development of the Guaranteed Maximum Price (“GMP”) estimate(s), the creation and maintenance of the Project Construction Schedule, coordination and sequencing of all building trades and activities on site. Work closely with the A/E consultants and 3rd party consultants to assure project standards defined in the Contract Documents are being followed and met. Proactively and cooperatively work with local, state

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 7 of 49 and federal agencies to expedite the construction process. The following is a list of tasks that are to be performed by the successful Contractor. For all inclusive project details and requirements, review all details in the Scope of work and all Attachments.

Contractor Responsibility:

• The Contractor shall provide all materials, labor, equipment, and expertise necessary to perform the WORK.

• The Contractor shall behave and operate in an environmentally responsible and professional manner, so as not to damage the site, the building and adjacent properties by virtue of negligence or omission.

• Contractor shall comply with all laws, ordinances, rules, and regulations established by federal, state and local authorities and/or departments relating to or affecting the WORK hereunder, and shall secure and obtain any and all permits, licenses and consents as may be necessary in connection therewith.

• Contractor is responsible for the removal and legal disposal of all construction related trash and/or debris.

• The Contractor must ensure the safety of all workers, and visitors to the site. Special care must be given to all pedestrians, around the construction site as well. The Contractor shall be responsible for securing the site where the WORK is taking place and for coordination with all local authorities having jurisdiction to ensure ease of ingress and egress to the site during emergencies.

Personnel:

• Contractor shall maintain a staff of local (within 60 miles) properly trained and experienced personnel to ensure satisfactory performance under this Contract.

• Contractor shall assign to County a designated representative who will be responsible for the coordination and administration of County’s requirements.

• County will insist that a superintendent be on the job full time (all working days/hours) from the start of construction through substantial completion. After substantial completion, on-site respondent supervision will be required at any time work is underway at the site.

Construction Inspection & Testing Services:

• Except as otherwise set forth in the Contract between the County and the Contractor and other Contract Documents, the County shall provide or contract for, independently of Contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility by County.

Construction Planning:

• Identify for and recommend to the County, Owner’s Representative, and A/E consultant early procurement items for the purpose of avoiding schedule delays and budget overruns due to extended delivery times (“long lead items”), and escalation.

• Make recommendations to the Project Team regarding the division of the Construction Contract Documents and Project Manual to facilitate the bidding and awarding of construction contracts.

• Review the Drawings and the Project Manual with the other members of the Project Team to eliminate areas of conflict and overlap in the WORK to be performed by the various Sub- Contractors or County’s separate Contractors.

• Schedule and conduct a pre-bid conference with interested bidders, subcontractors, material suppliers, and record the minutes to be shared with the County.

• Coordinate and develop with Design Consultant bid packages and work scope descriptions for each separate bid category that represent the entirety of the scope of the WORK for each phase and stage of the Project.

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 8 of 49

• In accordance with Texas Government Code Sections 2267.255 and 2267.256 Contractor shall publicly advertise and solicit either competitive bids or competitive sealed proposals from trade Contractors or subcontractors for the performance of all major elements of the WORK other than the minor work that may be included in General Conditions Work.

• In accordance with County’s General and/or Supplemental Conditions, the Contractor is responsible for initiating, monitoring, and maintaining all safety precautions and programs in connection with the WORK. The Contractor shall document and report all safety incidents to the County, and Owner’s Representative immediately and take the necessary steps to ensure the safety of all on-site personnel and the public are their highest priority.

Pre-construction:

• Review in-progress A/E design and construction documents

• Evaluate materials and equipment recommended for the project

• Assist A/E with completion of construction documents

• Assist A/E with development of budget estimate

• Provide estimated construction cost breakdowns of the Project at times indicated and at intervals consistent with the stage of development of the A/E’s drawings and specifications

• Provide project planning and scheduling for various phases of the project that will minimize interruptions and/or delays

• Advise County of ways to gain efficiencies in project delivery

• Establish guidelines for services shared between subcontractors

• Obtain all work-related permits for the WORK.

• Provide Mass Timber strategies to be utilized during design and incorporated seamlessly into construction.

Bidding Assistance:

• Contractor shall publicly advertise and solicit competitive bids from trade Contractors or subcontractors for the performance of all major elements of the WORK other than the minor work that may be included in general conditions. If the Contractor seeks to self-perform portions of the WORK, then the Contractor must submit its bid proposal(s) for those portions of the WORK in the same manner (except at an earlier time to be determined by County) as all other trade Contractors or subcontractors. The County will determine if the Contractor's self-perform bid proposal provides the best value and the County’s decision in such matters is final.

• Contractor and County shall receive and open all trade Contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process. All bids and proposals shall be made public within seven (7) days after the date of final selection.

• The Contractor is responsible for evaluating each subcontractor and bid their bid(s) to determine the best value to the County and the project itself. Price is not the sole determining factor. Factors such as current company workload, prior experience with the Contractor and County, reliability, location of company/employees related to the project site, etc. will need to be factored into the calculus before a final decision can be made.

• If Contractor reviews, evaluates, and recommends to the County a bid or proposal from a trade Contractor or subcontractor, but County requests a bid or proposal from another trade Contractor or subcontractor to be accepted, then, pursuant to the terms of the Contract, the County shall compensate the Contractor for the change in price, time, or impact to the GMP for any additional cost and risk, which has been demonstrated to County’s satisfaction and as required by the Contract, that Contractor may incur because of County’s requirement that another trade Contractor or subcontractor bid or proposal be accepted.

Construction Cost:

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 9 of 49

• Provide complete accounting records of work performed on the Project.

• Prepare Certificate of Payment (Pay Applications) for review by Owner’s Representative and A/E consultants. The County will process the payment once a recommendation of approval has been given by Owner’s Representative and A/E.

• Assemble and submit change order requests (COR) to Owner’s Representative and A/E for review and final recommendation to the County. Contractor shall verify subcontractors' estimates are reasonable and accurate, prior to issuing COR’s for review. The County’s approval must be given prior to any related work can begin. The Contractor take responsibility for any work starting before a change order has been approved.

• Provide all necessary materials, facilities, and ancillary services (such as cleanup) necessary for provision of the Services not being provided by the subcontractor(s) when necessary for the performance of the Services during construction and for completion of the construction.

• All expenditures of contingencies, allowances or buyout savings funds shall not be used at the sole discretion on the Contractor. Prior approval by the County will be required, first. The Contractor is responsible for tracking these expenditures and providing detailed reports and logs to the County as attachments to their monthly Pay Applications.

Construction Scheduling:

• The Contractor shall review the County’s anticipated opening date and other milestones to develop a construction schedule that efficiently sequences the construction of the WORK found in the contract documents meets the demands of the County’s requirements.

• The Contractor will create, maintain, and revise the project construction schedule on a weekly basis. The Contractor will be required to share the construction schedule file (xer file format) monthly for the purpose of the Owner’s Representative reviewing and validating the logic of the schedule. If corrective action is required due to illogical sequencing or delay by the Contractor, then it will be the Contractor’s responsibility to formulate and submit a “schedule recovery plan” to the County, the Owner’s Representative, and the A/E consultants for review and approval. The County will not be held liable for any expenses related to the Contractor’s scheduling negligence.

• The Contractor will convene bi-weekly Preconstruction and weekly Construction meetings with the County, the Owner’s Representative and the A/E consultants to review the progress of the project.

• At the milestone review meetings, assist County in identifying goals for the upcoming work, examine the performance of the Project team against the goals in the preceding phase, and propose corrective measures as necessary or appropriate.

• Coordinate and expedite the ordering and delivery of materials, especially those requiring a long lead time

Construction Administration

• Provide on-site job trailer, temporary fencing, temporary utilities, and other services as appropriate (include space for Owner’s Representative).

• Schedule, conduct, and report with the A/E on weekly meetings with subcontractors.

• Require safety programs and certificates of insurance from subcontractors.

• Monitor and supervise safety programs of subcontractors and verify compliance with laws and regulations.

• Coordinate interpretation of the meaning and intent of drawing and specification and assist in resolution of questions.

• Review all shop drawings and submittals from subcontractors.

• Keep records of all documents at the job site, including red-line changes.

• Administer construction contracts prepared by County.

• Coordinate necessary testing services.

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 10 of 49

• Record progress of the WORK.

Full-time Onsite Supervision:

• Experienced Construction Field Superintendent on site daily, every workday, to monitor work and progress of the Project

• Track and record daily subcontractor work, number of employees on site, deliveries, and performance.

• Conduct visual inspections of workmanship and special inspections as needed to verify quality of work that meets the requirements of the Contract Documents.

• Submit written progress reports to the County, Owner’s Representative, and the A/E consultants during weekly Contractor meetings

• Arrange for delivery and storage of all construction related material purchased for the project

• Create site logistics plans in order to maximizes the efficacy of the site and for the benefit of circulating in and around the site.

• Establish safety protocols in the event of job-related emergencies, natural disasters or acts of violence.

Disputes and Resolution:

• Assist the County, Owner’s Representative, and A/E consultant with review and management of claims

• Mediate conflicts between Contractor and County, if necessary

• Mediate conflicts between the A/E consultants and the County, if necessary

Project Close Out:

• Supervise subcontractors' final testing and start-up of utilities, operations systems and equipment

• Walk through and prepare "punch list" with County, Owner’s Representative, and A/E consultants

• Participate in final 11-month walk-thru inspection with County, Owner’s Representative, and A/E consultants

• Prepare and submit copies of the Operations and Maintenance Manual (O&M Manuals) to the County, Owner’s Representatives, and A/E consultants for review and comments prior to distributing FINAL copies. Contractor operational manuals and provide preventive maintenance plan

• Schedule and facilitate all subcontractor equipment and systems trainings for the benefit of the County officials and staff. Track all training attendees and provide copies of all sign-in sheets in final Close-out Documents.

• Supervise completion of punch list items

• Compile all product data, samples, warranties, O&M Manuals, red line drawings, keys, maintenance stock, extra materials, and other information or materials to be provided to County.

• Coordinate project Substantial Completion and Final Payments with the County, Owner’s Representative, and A/E consultants

D. Proposed Fees & Cost The respondent must provide the cost of services by completing the mandatory pricing sheet included as Attachment A: RFP 2026-P03 Eastside Campus - CMAR Pricing Sheet. Cost for all goods and/or services shall be firm for the duration of the contract. The bid should be a lump sum bid and shall be inclusive of all charges and services requested in the scope of work (staff time, labor, disposal, truck charges, permits, reports, testing, environmental charges, traffic control, etc.).

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 11 of 49

Taxes: Do not include Federal Taxes or State of Texas Limited Sales Excise Tax. Hays County is exempt from payment of such taxes and will issue exemption certificates upon request. Contractor shall schedule a preconstruction meeting with County staff and Owner’s Representative to clearly understand what job-related items are either tax free or taxable.

E. Qualifications The following minimum requirements must be demonstrated in order for the submission to be considered responsive to Hays County.

REFERENCES: Hays County requires respondent to supply with the bid, a list of at least three (3) references where like services have been supplied by their company for a county or company of similar size within the last five (5) years.

• Include name of company, address, telephone number and name of representative.

• Include project name, project type, construction cost (original GMP, and final construction costs), scheduled completion and actual completion.

RESPONSIBILITY: A prospective respondent must affirmatively demonstrate respondent’s responsibility.

A prospective respondent must meet the following requirements:

• Have adequate financial resources, or the above ability to obtain such resources as required

• Be able to comply with required or proposed delivery schedule

• Have a satisfactory record of performance

• Have a satisfactory record of integrity and ethics

• Have a satisfactory safety record and safety policies

• Be otherwise qualified and eligible to receive an award

TIME OF PERFORMANCE: It is imperative that the prospective respondent respond to County requests in a timely manner and comply with required or proposed delivery schedules. Please describe how you intend to respond to and track County requests.

SYSTEM FOR AWARD MANAGEMENT: Respondent and its Principals may not be debarred or suspended nor otherwise have an exclusion record created in the System for Award Management (SAM) website.

Include verification that the company as well as the company's principals are not listed (are not debarred) through the System for Award Management (www.SAM.gov). Enclose a printout of the Entity Registration page that shows your firm is in active status and is not expired.

F. Proposal Requirements Proposals shall be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and the understanding of the County’s Needs.

Proposals shall not exceed thirty (30) pages (15 sheets front and back) in length, but not including:

• Front and Rear Covers

• Letter of Transmittal: RFP Subject Line, name of Vendor, address, telephone number, name of contact person, and signed by the individual authorized to negotiate for and contractually bind the company.

• Table of Contents

• Appendix materials (any required forms, see RFP Submittal Checklist, and addenda from Hays

County)

• Financial Information

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 12 of 49

Attach a Financial Statement, preferably audited, including your organization’s latest Balance Sheet and Income Statement showing the following items:

o Current assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses).

o Non-current assets (e.g., net fixed assets, other assets).

o Current liabilities (e.g., accounts payable, notes payable (current), accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes).

o Non-current liabilities (e.g., notes payable).

o Capital accounts and retained earnings (e.g., capital, capital stock, authorized and outstanding shares par value, earned surplus and retained earnings).

Is the attached Financial Statement for the identical organization named under item 1 above? If not, explain the relationship and financial responsibility of the organization whose Financial Statement is provided (e.g., parent-subsidiary).

Will the organization whose Financial Statement is attached act as Guarantor of the Contract for construction?

Provide name, address, and phone for a bank reference.

This information will be included in a separate sealed envelope. This information will not be part of total page limitations.

Items that count towards the 30-page limit

• Profile/Experience of the Company Company information shall include, Company legal name of the Bidder, principal place of business, number of years in business, and description of company organization including identification of number of staff dedicated to the project.

Provide a narrative of the firm's experience in managing and delivering Mass Timber projects include information in using the various system components such as CLT, Glulam, DLT, etc.

Mass Timber Contractors will have a deep understanding of best practices when it comes to detailing, moisture protection strategies, and sequencing related to Mass Timber prefabricated components and the integration with other building components such as the Building Envelope, MEP and Roofing systems.

Provide specific examples of completed Mass Timber projects in Central Texas, including owner’s name, address, phone number, date completed, project scope, scale, delivery method, and outcome (e.g. on-time, on-budget, etc.). If applicable, provide experience with delivering Mass Timber projects of similar size and scope for public sector entities in Texas.

Describe your company’s familiarity with Mass Timber construction, suppliers, fabricators, erectors, logistical coordination or any other facets of your organization that will be relevant to this proposal that have not been previously described or which you feel would distinguish your firm from other firms submitting proposals.

Give examples of your firm’s proactive approach when coordinating the structural design with the Mass Timber fabricator. Also, provide strategies employed during past projects that avoided schedule impacts due to potential long-lead Mass Timber components.

List any judgement, claims, arbitration proceedings, or suits filed or outstanding against your organization or its officers for the last 5 years.

Provide a copy of Dunn and Bradstreet reports, bank and supplier credit references, or other documentation sufficient to demonstrate your company’s financial capability to deliver a large-scale Mass Timber project with the associated risk.

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 13 of 49

Provide your firms understanding of Mass Timber-related sustainability goals such as Embodied Carbon Tracking, and SFI certification and what current or past Mass Timber projects have sustainability requirements.

Describe how your firm utilizes digital tools like BIM to support Mass Timber projects.

• Key Personnel

Provide resumes of all employees who may be assigned to provide services if your company is selected.

Provide an organizational chart containing the names, telephone numbers and email address of the prime providers and any sub-providers that would be proposed for the team and their contract responsibilities by work category.

• Estimating and Cost Control Measures:

Describe your project estimating system for developing the Guaranteed Maximum Price

(“GMP”) Proposal and how you will monitor and track these costs during the procurement and payment process, including contingencies you will propose in the GMP, and how these contingencies will be managed through the completion of the Project.

• Capacity to Perform Describe all services and trade categories in which your firm is legally qualified to do business and indicate registration or license numbers, if applicable.

Provide a description of your proposed Mass Timber approach/strategy to provide and perform the objectives, specific elements, and tasks associated with services.

Provide supplemental information or materials that would be beneficial to the decision process.

Describe how you will measure the quality of your service warranty List the categories of work that your organization normally self-performs with its own forces. List any work that you propose to do and any work you propose to bid out.

List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform.

List all Central Texas construction projects your organization currently has in progress, giving the name and location of the Project, the Owner, percent complete and scheduled completion date.

• Management and Organizational Approach:

Describe your management and organizational approach to the Project. The following should be addressed within your description.

Please describe your Firm's understanding of this Mass Timber Project.

Describe how your team will be organized to support tasks such as early design phase constructability reviews, cost estimating specific to Mass Timber assemblies, and schedule inputs.

A clear, transparent, and collaborative approach is crucial in delivering a successful Mass Timber project, how will your team ensure this happens?

Describe your organization's methods for constructability reviews, cost estimating and for scheduling during the design/document phases.

Describe how your company will benefit this Project using Construction Manager at Risk.

Describe fast track or other construction methodologies that have been utilized to expedite projects and the benefits achieved from such approaches.

• Quality Assurance & Quality Control

Describe your jobsite specific safety program for this Project and specific safety policies tailored for a Mass Timber building in which employees must be in compliance, including how your safety program and policies have been implemented in the past on similar projects.

• Proposed Fee Schedule

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 14 of 49

In regard to cost estimating and fees - Include a sample conceptual cost estimate prepared during the design phase of a project that RESPONDENT worked on, and a sample of the final cost estimate/breakdown used to fix the contract amount for the construction of the same Project. (The identity of the Project may be concealed. The intent is to see the nature and format of the cost information provided).

Describe your organization's philosophy as it pertains to pre-construction phase services. What services and process will be provided during this phase? How will the OWNER, Owner’s Representative, and A/E consultants be involved? Your Firm would be required to make all cost information during design and construction available to OWNER, Owner’s Representative, and A/E consultants. Describe how this information would be furnished and how the Owner’s Representative, and A/E consultants would be assured that it is complete and accurate.

Sheet size is limited to 8½” x 11” sheets only, using 12-point font. The organizational chart is permissible to use an 11” x “17” sheet (one-sided) and a font smaller than 12-point for the organizational chart, provided text is clearly legible. It is permissible to use a font smaller than 12-point for graphics, provided text is clearly legible.

The proposal must be submitted with a continuous binding (e.g. – spiral, GBC, etc.) along the left edge;

no other binding will be accepted and should not exceed thirty (30) pages, fifteen (15) pages front and back, not including the appendix materials.

Any data that is to be considered confidential in nature must be clearly marked as such by Contractor and will be treated as confidential by Hays County only to the extent allowable by the Texas Public Information Act, Texas Government Code, Chapter 552.001, et seq. Information not so marked shall be deemed “contracting information” and subject to disclosure upon request in accordance with the Texas Public Information act, Texas Government ode Chapter 552.

G. Evaluation Criteria Per Texas Government Code, Chapter 2269.254, the Evaluating Committee will evaluate each respondent’s proposal based on a comprehensive set of criteria. Proposals received shall be evaluated and ranked by the County according to the below criteria. (Maximum Point Total 100)

It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.

The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 15 of 49

The County may elect to interview one or more firms prior to selection.

Interview (optional) Ranking At the County’s discretion, submitting entities may be requested by the Evaluating Committee to conduct interviews as part of the evaluation process, prior to making recommendations to Commissioners Court regarding award and will be ranked.

H. Submittal Requirements The Company must deliver their proposal to the Hays County Purchasing Office by one of the following methods by the specified deadline:

Mailed or Dropped off Proposals:

• One (1) original proposal with required forms manually signed by the respondent with original signatures

• One (1) digital copy of the full proposal with all required forms on a thumb drive

Electronic Proposals:

• Upload proposal with required forms manually signed by the respondent. (through BidNet

Direct)

Evaluation Criteria Maximum Score Points

Select a whole number from the list provided for each question (decimal or unlisted rating score are not permitted)

Financial Capability appropriate to size of scope of Project

10 10 = Significantly Exceeds Requirements 8 = Exceeds Requirements 6 = Meets ALL Requirements 4 = Marginally Meets Requirements 0 = Does not meet Requirements

Experience of Contractor and Team 25 25 = Significantly Exceeds Requirements 20 = Exceeds Requirements 15 = Meets ALL Requirements 10 = Marginally Meets Requirements 0 = Does not meet Requirements

Management and Organizational Approach

20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements 8 = Marginally Meets Requirements 0 = Does not meet Requirements

Capacity to Perform (Quality of goods and services)

25 25 = Significantly Exceeds Requirements 20 = Exceeds Requirements 15 = Meets ALL Requirements 10 = Marginally Meets Requirements 0 = Does not meet Requirements

Proposed Fees 20 20 = Significantly Exceeds Requirements 16 = Exceeds Requirements 12 = Meets ALL Requirements 8 = Marginally Meets Requirements 0 = Does not meet Requirements

Total Evaluation Points 100

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 16 of 49

• One (1) original proposal with required forms manually signed by the respondent, delivered to the Hays County Purchasing Office. Either the original or Electronic Bid (through BidNet Direct) MUST be received by the due date and time to be considered responsive. Physical copy must be received in the Hays County Purchasing Office within 24 hours of proposal due date.

LATE SUBMITTALS WILL NOT BE ACCEPTED.

ALTERING BIDS: Any interlineations, alteration, or erasure made before receiving time must be initialed by the signer of the bid, guaranteeing authenticity.

WITHDRAWING OF BID: A bid may be withdrawn at any time prior to the official opening. After the official opening, bids may not be amended, altered or withdrawn without the recommendation of the County Purchasing Agent and the approval of Commissioners Court.

FORMS: All bids must be submitted on the forms provided in this solicitation document. Changes to solicitation forms made by bidders shall disqualify the bid.

REPONDENT’S ACCEPTANCE: by submitting a response to this RFP, the respondent certifies that they have fully read and understands the terms, conditions and statements of this Invitation for Bid and has knowledge of the scope of the quality of services to be furnished and intends to adhere to the provisions described herein and the Contract Documents.

It is the practice of Hays County to encourage local participation and to promote and encourage contracting and subcontracting opportunities for locally owned businesses and labor in all contracts.

The County of Hays does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Hays County is an Affirmative Action/Equal Opportunity Employer and strives to attain goals for Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended. Section 3 Residents and Business Concerns, Minority Business Enterprises, Small Business Enterprises and Women Business Enterprises are encouraged to submit proposals.

Hays County reserves the right to award to multiple Contractors and to designate Contractors in terms of primary service providers and standby service providers.

I. Award of Contract BASIS OF AWARD: The County reserves the right to award a contract to a bidder on the basis of unit price low bid and/or the best value for the County. The County reserves the right to accept in part or in whole any bids submitted and waive any technicalities for the best interest of the County.

The bid award shall be based on but not necessarily limited to, the following factors:

• Unit pricing

• Special needs and requirements of Hays County

• Vendors past performance record with Hays County

• Hays County’s evaluation of vendor’s ability to perform

• Vendor’s references

CONTRACT: This bid, when properly accepted by Hays County shall constitute a contract equally binding between the successful bidder and Hays County. No negotiations, decisions, or actions shall be initiated or executed by any vendor as a result of any discussions with any County employee. Only those communications that are in writing from the Purchasing Agent shall be considered as a duly authorized

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 17 of 49 expression on behalf of the County. No oral agreements either expressed or implied will be considered in fulfilling this contract. No additional terms will become part of this contract with the exception of Commissioners Court approved change orders.

BIDDER AGREES, if this bid is accepted, to furnish any and all services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specifications. The period for acceptance of the bid will be forty-five (45) calendar days.

The successful bidder expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP. The successful bidder agrees to correct any deficiencies in its performance of services upon notification by the County and without additional expense to the County.

J. Warranty of Performance The successful respondent expressly warrants that all services specified in the RFP will be performed with care and diligence and in accordance with all specifications of the RFP and the Contract Documents.

The successful bidder agrees to correct any deficiencies in performance of services upon notification by the County and without additional expense to the County.

CONTINUING NON-PERFORMANCE of the bidder, in terms of specifications, shall be basis for the termination of the contract by the County. The County shall not pay for merchandise/services that are unsatisfactory. Failure to perform any provision will constitute a default of contract, in which case, corrective action shall take place within ten (10) days from the date of written notice citing the nature of breach. Failure to take corrective action or to provide a satisfactory written reply excusing such failure within the prescribed ten (10) days will authorize the County to terminate this agreement by written notice.

COMPLIANCE WITH LAWS: The successful Respondents shall comply with all applicable federal, state and local laws and regulations pertaining to the practice of the profession and the execution of the duties under the solicitation. Any contract executed as a result of this RFP shall be governed by the laws of the State of Texas.

LIQUIDATED DAMAGES FOR DELAYS: If the WORK is not substantially complete the Contractor shall pay to the County as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $500 (five hundred dollars) for each calendar day of delay, until the WORK is completed. The Contractor and Contractor’s sureties shall be liable to the County for the amount thereof.

EXCUSABLE DELAYS: The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the WORK due to:

1. Any acts of the Government, including controls or restrictions upon or requisitioning of materials, equipment, tools, or labor by reason of war, national defense, or any other national emergency.

2. Any acts of the County.

3. Causes not reasonably foreseeable by the parties to this Contract at the time of execution which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, terrorism, war, acts of another Contractor in the performance of some other contract with the County, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions;

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 18 of 49

Provided, however, that the Contractor promptly notifies the County within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the County shall ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and the terms of this contract, the delay is properly excusable, the County shall extend the time for completing the WORK for a period of time commensurate with the period of excusable delay.

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 19 of 49

IV. General Terms and Conditions for Solicitations Applicable To: Request for Proposal (RFP)

1. GENERAL DEFINITIONS:

a. "Auditor" means the Hays County Auditor or his/her designee.

b. "Commissioners Court" means Hays County Commissioners Court.

c. “Contract” means the contract awarded pursuant to the RFP.

d. “Contractor” means a person or firm receiving an award of contract from Commissioners Court.

e. "County" means Hays County,…