ESBD_471702_1763648321130_Attachment C - Definitions.pdf

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 1 of 3

RFP 2026-P03 Eastside Campus – Construction Manager at Risk

(CMAR)

Attachment C – Definitions

Acceptance Written acceptance issued by County after the Contractor has completed a deliverable, submittal, phase, or other contract requirement, in compliance with this Agreement.

Addendum/ Addenda Any written or graphic instruments issued by County prior to the consideration of Proposals which modify or interpret the Proposal Documents by additions, deletions, clarifications, or corrections.

Agreement/ Ensuing Agreement(s) Successful Respondent may be required by County to sign an additional Agreement containing terms necessary to ensure compliance with the Solicitation and the Respondent’s Proposal. Such Ensuing Agreement(s) shall contain the Proposal specifications, terms and conditions that are derived from the Solicitation.

Allowance Funds included in the Contract for use by Contractor only with the written consent of County. Each allowance is item specific. Allowances establish the type and amount of risk that County and the CMAR Contractor have assumed in agreeing to the contract. Allowances are either fixed, open, or provisional.

Architect or Engineer (A/E) Professional consultant(s) under contract with County to provide design, construction documentation, and construction administration services for the Project.

Building Code A collection of regulations adopted by a city or county to govern the construction of buildings in the jurisdiction.

Building Inspection An inspection of a building performed at various intervals by a building inspector to determine whether construction work meets building code requirements.

Building Inspector A person certified in one or more disciplines qualifying them to make a professional judgement about whether a building meets building code requirements.

Buyer The designated Hays County Purchasing contact.

Commissioner's Court The Hays County Commissioners Court.

Code See Building Code.

Code Compliance Construction Documents and built work meet the requirements of the Building Code.

Commissioning A formal process that involves testing and verifying the performance of all systems and equipment in a building or facility to ensure they meet project requirements, design specifications and industry standards.

Commissioning Agent A specialized professional responsible for overseeing and managing the commissioning process in construction

RFP 2026-P03 Eastside Campus – Construction Manager at Risk (CMAR) Page 2 of 3 projects.

Constructability The extent to which the design of a building facilitates ease and cost of construction.

Construction Observation Physical observation of a construction project, by a design professional, to ensure that the construction is carried out in accordance with specified plans and standards.

Construction Phase The entire construction period for the Project and encompasses Pre-construction meetings and ends with Final Acceptance of all punch list items by County.

Contract The terms of this Solicitation and the Proposal of the Successful Respondent shall be incorporated into an Agreement between the Successful Respondent and County once the Successful Respondent's Proposal is properly accepted by the Hays County Commissioners Court (sometimes referred to herein as the Commissioner's Court").

Contractor (Construction Manager at Risk) The individual, partnership, corporation, association, joint venture, or any combination thereof, who has entered a contract with the County to do the Work, identified as such in the Agreement, and referred to throughout the Contract as if singular in number. The Contractor is selected to review and participate in the production of the construction documents and who agrees to perform the work identified in the Contract Documents. The Contractor shall solicit bids from trade subcontractors on a competitive basis and enter into contracts with these subcontractors to perform their trade work. The term "Contractor" means the Contractor or the Contractor's representative.

County Hays County, a political subdivision of the State of Texas.

Deliverable Includes any tangible item provided or to be provided under the Contract but does not include Services.

Design Consultant (Designer) The Architect or Engineer (A/E) engaged by County for the Project, including Designer’s officers, employees, agents, independent contractors and authorized representatives involved in any way in the project.

Design Team Representatives from the A/E, CMAR, County Project Manager (PM) and other technical areas responsible for completing the final design.

Executive Summary The document submitted by Respondent that represents a concise summary of the contents of the Proposal. It does not include any information concerning costs.

Guaranteed Maximum Price (GMP) The maximum price that County and the CMAR agree upon as payment for managing, supplying and installing all Work as shown in the complete Construction Documents. The GMP is the sum of the direct costs of the Contractor for construction of the Project, General and Supplementary Conditions, Performance and Payment Bonds, Contractor fee for construction, Contractor overhead and profit.

Inspection See Building Inspection Inspector See Building Inspector Observation See Construction Observation Phase A distinct portion of Work to be provided under the Contract, as specified in the Statement of Work.

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

Plan Review Review of Construction Documents by a Plan Reviewer prior to construction to verify compliance with applicable codes. If there are issues of noncompliance, they may be addressed during the review process.

Plan Reviewer See Plans Examiner Plans Examiner A person certified to review Construction Documents for completeness, accuracy, and conformance to applicable building codes, ordinances, zoning regulations, and national standards.

Project Manager A professional who organizes, plans, and executes projects while working within restraints like budgets and schedules. Project managers lead entire teams, define project goals, communicate with stakeholders, and see a project through to its closure.

Project Schedule Critical Path Method, graphical and tabular listing of all tasks and submittals that are required by each member of the Project Team to complete the project. The Project Schedule includes all preconstruction submittals with milestones.

Project Team Representatives from County, the Design Consultant, CMAR (including subconsultants and subcontractors), local governments, communities, stakeholders and utilities. The involvement/ role of each team member depends on expertise and the task.

Proposal The complete, properly signed document, and all required forms and documentation listed which have been submitted in accordance with Solicitation. This document is irrevocable during the specified time period for evaluation and acceptance of Proposals, unless a waiver is obtained from the Hays County Purchasing Agent.

Respondent A person or entity who submits a Proposal in response to the Solicitation by County.

Response See definition of Proposal.

Request for Proposals (RFP) A public Solicitation to Contractors requesting a proposal package to accomplish Work.

Service(s) Obligation(s) performed or to be performed under the Contract/ Agreement. A Service may or may not result in the provision of Deliverable(s).

Solicitation Any form of public advertisement/ request by County for Work or Services.

Staff Augmentation An outsourcing strategy to build an external team to support special projects while allowing in- house workforce to focus on core agency functions.

Submittal See definition of Proposal.

Successful Respondent The Respondent who, in the County's sole opinion, submits the Proposal, which is in the best interest of the County, taking into account factors identified in the Solicitation, and to whom the County intends to award the Contract.